NEW-HAMPSHIRE. In CONGRESS, at EXETER, Jan. 5, 1776.

WE, the members of the congress of the colony of New-Hampshire, chosen and appointed by the free suffrages of the people of said colony, and authorised and impowered by them, to meet together, and use such means, and pursue such measures, as we shall judge best for the public good; and in particular to establish some form of government, provided that mea­sure should be recommended by the Continental Congress; and a recommendation to that purpose having been trans­mitted to us, from the said Congress; have taken into our serious consideration the unhappy circumstances into which this colony is involved, by means of many griev­ous and oppressive acts of the British Parliament, de­priving [Page 4] us of our native and constitutional rights and pri­vileges; to enforce obedience to which acts, a powerful fleet and army have been sent into this country, by the ministry of Great-Britain, who have exercised a wanton and cruel abuse of their power, in destroying the lives and properties of the colonists, in many places, with fire and sword, taking the ships and lading from many of the ho­nest and industrious inhabitants of this colony, employed in commerce, agreeable to the laws and customs a long time used here:

The sudden and abrupt departure of his excellency John Wentworth, esq. our late governor, and several of the council, leaving us destitute of legislation; and no executive courts being open to punish criminal offenders, whereby the lives and properties of the honest people of this colony, are liable to the machinations and evil de­signs of wicked men:

Therefore, for the preservation of peace and good order, and for the security of the lives and properties of the in­habitants of this colony, we conceive ourselves reduced to the necessity of establishing a Form of Government, to continue during the present unhappy and unnatural con­test with Great-Britain; protesting and declaring, that we never sought to throw off our dependance upon Great-Britain, but felt ourselves happy under her protection, while we could enjoy our constitutional rights and privi­leges—and that we shall rejoice, if such a reconciliation between us and our parent state can be effected, as shall be approved by the Continental Congress, in whose pru­dence and wisdom we confide.

Accordingly, pursuant to the trust: reposed in us, we do Resolve, that this congress assume the name, power, and authority of a Home of Representatives or Assembly, for the colony of New-Hampshire: and that said house, then proceed to choose twelve persons, being reputable free­holders, and inhabitants within this colony, in the follow­ing manner, viz. five in the county of Rockingham, two in the county of Strafford, two in the county of Hillsborough, two in the county of Cheshire, and one in the county of [Page 5] Grafton, to be a distinct and separate branch of the le­gislature, by the name of a council for this colony, to continue as such until the third Wednesday in December next; any seven of whom to be a quorum, to do busi­ness.

That such council appoint their President; and in his absence, that the senior counsellor preside.

That a Secretary be appointed by both branches, who may be a counsellor, or otherwise, as they shall choose.

That no act, or resolve be valid, and put into exe­cution, unless agreed to and passed by both branches of the legislature.

That all public officers for the said colony, and each county, for the current year, be appointed by the coun­cil and assembly, except the several clerks of the exe­cutive courts, who shall be appointed by the Justices of the respective courts.

That all bills, resolves, or votes for raising, levying and collecting money, originate in the house of represen­tatives.

That at any sessions of the council and assembly, nei­ther branch shall adjourn for any longer time than from Saturday till the next Monday, without consent of the other.

And it is further Resolved, That if the pres [...]nt unhap­py dispute with Great-Britain, should continue longer than the present year, and the Continental Congress give no instructions or directions to the contrary, the council be chosen by the people of each respective county, in such manner as the council and house of representatives shall order.

That general and field officers of the militia, on any vacancy, be appointed by the two houses, and all inferior officers be chosen by the respective companies.

That all officers of the army be appointed by the two houses, except they should direct otherwise in case of any emergency.

That all civil officers for the colony, and for each county be appointed, and the time of their continuance in [Page 6] office be dete [...]mined, by the two houses, except clerks, and county tr [...]surers, and recorders of deeds.

That a treasurer, and a recorder of deeds, for each county be annually chosen, by the people of each county respectively; the votes for such officers to be returned to the respective courts of general sessions of the peace, in the county, there to be ascertained, as the council and assembly shall hereafter direct.

That precepts, in the name of the council and as­sembly, signed by the president of the council, and speak­er of the house of [...]epresentatives, shall issue annually, at or before the first day of November for the choice of a council, and house of representatives, [...] be returned by the third Wednesday in December then next ensuing, in such manner as the council and assembly shall here­after prescribe.

MASSACHUSETTS. A CONSTITUTION, or FRAME of GOVERN­MENT, agreed upon by the Delegates of the People of the State of Massachusetts-Bay, in CONVENTION, begun and held at Cambridge, on the First of September, 1779, and continued by Adjournments, to the Second of March, 1780.

RHODE-ISLAND. RHODE-ISLAND CHARTER, granted by King Charles II. in the Fourteenth Year of his Reign. Quintadecima pars Patentium Anno Regni Regis Caroli Secundi Quintodecimo.

CHARLES the Second, by the grace of God, &c. To all to whom these presents shall come, greeting. Whereas we have been informed by the petition of our trusty and well beloved subjects, John Clarke, on the be­half of Benjamin Arnold, William Brenton, William Cod­ington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weekes, Roger Wil­liams, Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers, and free inhabitants of our is­land called Rhode-Island, and the rest of the colony of Providence Plantations, in the Narragenset Bay in New-England in America, That they, pursuing with peace and loyal minds, their sober, serious, and religious intentions, of godly edifying themselves, and one another, in the ho­ly Christian faith and worship as they were persuaded, together with the gaining over and conversion of the poor ignorant indian natives, in those parts of America, to the sincere profession and obedience of the same faith and worship, did not only by the consent and good encourage­ment of our royal progenitors, transport themselves out of this kingdom of England into America; but also since their [Page 43] arrival there, after their first settlement amongst other our subjects in those parts, for the avoiding of discord, and those many evils which were likely to ensue upon those our subjects, not being able to bear in those remote parts, their different apprehensions in religious concernments; and in pursuance of the aforesaid ends, did once again leave their desirable stations and habitations, and with excessive labour and travel, hazard and charge, did transplant them­selves into the midst of the indian natives, who, as we are informed, are the most 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 labour and industry, they have not only been pre­served to admiration, but have increased and prospered, and are seized and possessed, by purchase and consent of the said natives, to their full content, of such lands, islands, rivers, harbours, and roads, as are very convenient both for plantations, and also for building of ships, supply of pipe-s;taves, and other merchandise, and which ly very com­modious in many respects for commerce, and to accomo­date our southern plantations, and may much advance the trade of this our realm, and greatly enlarge the territories thereof; they having, by near neighbourhood to, and friendly society with, the great body of the Narraganset indians, given them encouragement, of their own accord, to subject themselves, their people and lands, unto us; whereby, as is hoped, there may, in time, by the blessing of God upon their endeavours, be laid a sure foundation of happiness to all America. And whereas, in their hum­ble address, they have freely declared, That it is much on their hearts (if they be permitted) to hold forth a lively experiment, that a most flourishing civil state may stand, and best be maintained, and that among our English sub­jects, with a full liberty in religious concernments, and that true piety, rightly grounded upon gospel principles, will give the best and greatest security to sovereignty, and will lay in the hearts of men the strongest obligations to true loyalty: Now, know ye, That we being willing to encourage the hopeful undertaking of our said loyal and [Page 44] loving subjects, and to secure them in the free exercise and enjoyment of all their civil and religious rights ap­pertaining to them, as our loving subjects; and to preserve unto them that liberty in the true Christian faith, and worship of God, which they have sought with so much travel, and with peaceable minds and loyal subjection to our royal progenitors, and ourselves to enjoy; and be­cause some of the people and inhabitants of the same co­lony cannot, in their private opinion, conform to the pub­lic exercise of religion, according to the liturgy, form, and ceremonies of the church of England, or take or subscribe the oaths and articles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and uniformity established in this nation, have there­fore thought fit, and do hereby publish, great, ordain, and declare, that our royal will and pleasure is, That no per­son within the said colony, at any time hereafter, shall be any-wife molested, punished, disquieted, or called in ques­tion, for any differences in opinion in matters of religion, who do not actually disturb the civil peace of our said co­lony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his and their own judgments and consci­ences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving them­selves peaceably and quietly, and not using this liberty to licentiousness and profaneness, nor to the civil injury or outward disturbance of others, any law, statute or clause therein contained, or to be contained, usage, or custom of this realm, to the contrary hereof, in any wise not­withstanding. And that they may be in the better capa­city to defend themselves in their just rights and liberties, against all the enemies of the Christian faith, and others, in all respects, we have further thought fit, and at the humble petition of the persons aforesaid, are graciously pleased to declare, That they shall have and enjoy the benefit of our late act of indemnity, and free pardon, as the rest of our subjects in other our dominions and terri­tories [Page 45] have; and to create and make them a body politic or corporate, with the powers or privileges hereinafter mentioned: And accordingly, our will and pleasure is, and of our especial grace, certain knowledge, and mere motion, we have ordained, constituted and declared, and by these presents for us, our heirs and successors, do or­dain, constitute, and declare, That they the said William Brenton, William Codington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore, Richard Tew, William Field, Thomas Harris, James Barker, [...] Rainsborrow, [...] Williams, and John Nickson, and all such others as are now, or hereafter shall be admitted, free of the company and society of our colony of Providence Planta­tions, in the Narraganset Bay, in New-England, shall be, from time to time, and for ever hereafter, a body corpo­rate and politic, in fact and name, by the name of the Governor and Company of the English Colony of Rhode-Island, and Providence Plantations, in New-England, in America; and that by the same name, they and their suc­cessors shall and may have perpetual succession, and shall and may be persons able and capable in the law to sue and be sued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and singular suits, causes, quarrels, matters, actions, and things, of what kind or nature soever; and also to have, take, pos­sess, acquire, and purchase lands, tenements, or heredi­taments, or any goods or chattels, and the same to lease, grant, demise, alien, bargain, sell, and dispose of, at their own will and pleasure, as other our liege people of this our realm of England, or any corporation or body politic within the same, may lawfully do; and further, That they the said governor and company, and their successors, shall and may, for ever hereafter, have a common seal, to serve and use for all matters, causes, things, and affairs whatso­ever, of them and their successors, and the same seal to [Page 46] alter, change, break, and make new from time to time▪ at their will and pleasure, as they shall think fit. And further, we will and ordain, and by these presents, for us, our heirs and successors, do declare and appoint, That for the better ordering and managing of the affairs and busi­ness of the said company and their successors, there shall be one governor, one deputy-governor, and ten assistants, to be from time to time constituted, elected, and chosen, out of the freemen of the said company, for the time be­ing, in such manner and form as is hereafter in these pre­sents expressed; which said officers shall apply themselves to take care for the best disposing and ordering of the ge­neral business and affairs of and concerning the lands and hereditaments herein aftermentioned to be granted, and the plantation thereof, and the government of the people there. And for the better execution of our royal pleasure herein, we do for us, our heirs and successors, assign, name, constitute and appoint, the aforesaid Benedict Arnold to be the fi [...]st and present governor of the said company, and the said William Brenton to be the deputy-governor, and the s [...]i [...] William Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Coge­shal [...] James Barker, William Field, and Joseph Clarke, to [...]ten present assistants of the said company, to con­tinue in the said several offices respectively, until the first We [...]nesday which shall be in the month of May now next coming. And further, we will, and by these presents, for us, our heirs and successors, do ordain and grant, That the governor of the said company, for the time being, or in his absence, by occasion of sickness, or otherwise, by his leave or permission, the deputy-governor, for the time being, shall and may, from time to time, upon all occa­sions, give order for the assembling of the said company, and calling them together, to consult and advise of the business and affairs of the said company; and that for ever hereafter, twice in every year, that is to say, on every first Wednesday in the month of May, and on every last Wed­nesday in October, or oftener, in case it shall be requisite, the assistants, and such of the freemen of the said compa­ny, [Page 47] not exceeding six persons for Newport, four persons for each of the respective towns of Providence, Portsmouth, and Warwick, and two persons for each other place, town or city, who shall be from time to time thereunto elected or deputed by the major part of the freemen of the re­spective towns or places, for which they shall be so elected or deputed, shall have a general meeting or as­sembly, then and there to consult, advise and determine, in and about the affairs and business of the said company and plantations. And further, we do of our especial grace, certain knowledge, and mere motion, give [...]nd grant unto the said governor and company of the English colony of Rhode-Island and Providence Plantations, in New-England in America, and their successors, That the governor, or in his absence, or by his permission, the deputy-governor, of the said company for the time being, the assistants, and such of the freemen of the said company, as shall be so aforesaid elected or deputed, or so many of them as shall be present at such meeting or assembly, as aforesaid, shall be called the General Assembly; and that they, or the greatest part of them then present, whereof the governor, or deputy-go­vernor, and six of the assistants at least, to be seven, shall have, and have hereby given and granted unto them, full power and authority, from time to time, and at all times hereafter, to appoint, alter, and change such days, times and places of meeting, and general assembly, as they shall think fit, and to chuse, nominate, and appoint such and so many persons as they shall think fit, and shall be willing to accept the same, to be free of the said company and body politic, and them into the same to admit, and to elect, and constitute such offices and officers, and to grant such need­ful commissions as they shall think fit and requisite, for or­dering, managing, and dispatching of the affairs of the said governor and company, and their successors; and, from time to time, to make, ordain, constitute, or repeal, such laws, statutes, orders and ordinances, forms and ceremo­nies of government and magistracy, as to them shall seem meet, for the good and welfare of the said company, and for the government and ordering of the lands and heredita­ments [Page 48] herein after mentioned to be granted, and of the peo­ple that do, or at any time hereafter shall inhabit, or be within the same; so as such laws, ordinances, and consti­tutions, so made, be not contrary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, considering the nature and constitution of the place and people there; and also, to appoint, order, and direct, erect and settle such places and courts of jurisdiction, for h [...]aring and determining of all actions, cases, matters and things, happening within the said colony and plantation, and which shall be in dispute, and depending there as they shall think fit; and also to distinguish and set forth the several names and titles, duties, powers and limits, of each court office and officer, superior and inferior; and also, to con­trive and appoint such forms of oaths and attestations, not repugnant, but as near as may be agreeable, as aforesaid, to the laws and statutes of this our realm, as are convenient and requisite, with respect to the due administration of jus­tice, and due execution and discharge of all offices and places of trust, by the persons, that shall be therein concerned; and also to regulate and order the way and manner of all elections to offices and places of trust, and to prescribe, li­mit and distinguish the number and bounds of all places, towns and cities, within the limits and bounds herein after mentioned, and not herein particularly named, who have or shall have the power of electing and sending of freemen to the said general assembly; and also to order, direct and authorise, the imposing of lawful and reasonable fines, mulcts, imprisonments, and executing other punishments, pecuni­ary and corporal, upon offenders and delinquents, according to the course of other corporations, within this our kingdom of England; and again, to alter, revoke, annul or pardon, under their common seal, or otherwise, such fines, mulcts, imprisonments, sentences, judgments and condemnations, as shall be thought fit; and to direct, rule, order and dispose of all other matters and things, and particularly that which relates to the making of purchases of the native indians, as to them shall seem meet; whereby our said people and inhabitants in the said plantations, may be so religiously, [Page 49] peaceably, and civilly governed, as that by their good life, and orderly conversation, 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; willing, commanding and requiring, and by these presents, for us, our heirs and successors, ordaining and appointing, that all such laws, statutes, orders and ordinances, instructions, impositions and directions, as shall be so made by the go­vernor deputy, assistants and freemen, or such number of them as aforesaid, and published in writing under their com­mon seal, shall be carefully and duly observed, kept, per­formed, and put in execution, according to the true intent and meaning of the same. And these our letters patents, or the duplicate or exemplification thereof, shall be to all and every such officers, superior or inferior, from time to time, for the putting of the same orders, laws, statutes, ordi­nances, instructions and directions, in due execution against us, our heirs and successors, a sufficient warrant and dis­charge. And further, our will and pleasure is, and we do hereby for us, our heirs and successors, establish and ordain, That yearly, once in the year for ever hereafter, namely, the aforesaid Wednesday in May, and at the town of New­port, or elsewhere if urgent occasion do require, the go­vernor, deputy governor, and assistants of the said company, and other officers of the said company, or such of them as the general assembly shall think fit, shall be in the said ge­neral court or assembly, to be held from that day or time, newly chosen for the year ensuing, by the greater part of the said company for the time being, as shall be then and there present. And if it shall happen, that the present governor, deputy governor, and assistants, by these presents appointed, or any such as shall hereafter be newly chosen into their rooms, or any of them, or any other the officers of the said company, shall die, or be removed from his or their several offices or places, before the said general day of elec­tion, (whom we do hereby declare for any misdemeanor or default, to be removable by the governor, assistants and company, or such greater part of them, in any of the said public courts to be assembled, as aforesaid) that then, and in [Page 50] every such case, it shall and may be lawful to and for the said governor, deputy governor, assistants, and company aforesaid, or such greater part of them so to [...]s [...]mbled, as is aforesaid, in any of their assemblies, to proceed to a new election of one or more of their company, in the room or place, rooms or places, of such officer or officers so dying or removed, according to their directions. And immedi­ately upon and after such election or elections made of such governor, deputy governor, assistant or assistants, or any other officer of the said company, in manner and form afore­said, the authority, office and power before given to the former governor, deputy governor, and other officer and officers so removed, in whose stead and place new shall be chosen, shall, as to him and them, and every of them re­spectively, cease and determine. Provided always, and our will and pleasure is, That as well such as are by those pre­sents appointed to be the present governor, deputy gover­nor, and assistants of the said company, as those which shall succeed them, and all other officers to be appointed and chosen as aforesaid, shall, before the undertaking the execu­tion of the said offices and places respectively, give their so­lemn engagement by oath or otherwise, for the due and faithful performance of their duties, in their several offices and places, before such person or persons as are by these presents hereafter appointed to take and receive the same; (that is to say) the said Benedict Arnold, who is herein be­fore nominated and appointed the present governor of the said company, shall give the aforesaid engagement before William Brenton, or any two of the said assistants of the said company, unto whom we do, by these presents, give full power and authority to require and receive the same; and the said William Brenton, who is hereby before nomi­nated and appointed the present deputy governor of the said company, shall give the aforesaid engagement before the said Benedict Arnold, or any two of the assistants of the said company, unto whom we do, by these presents, give full power and authority to require and receive the same; and the said William Boulston, John Porter, Roger Willi­ams, Thomas Olney, John Smith, John Greene, John [Page 51] Coggeshall, James Barker, William Field, and Joseph Clarke, who are herein before nominated and appointed the present assistants of the company, shall give the said engage­ment to their offices and places respectively belonging, be­fore the said Benedict Arnold and William Brenton, or one of them, to whom respectively we do hereby give full power and authority to require, administer or receive the same. And further, our will and pleasure is, that all and every other future governor, or deputy governor, to be elected and chosen by virtue of these presents, shall give the said engagement before two or more of the said assistants of the said company for the time being, unto whom we do, by these presents, give full power and authority to require, ad­minister or receive the same; and the said assistants, and every of them, and all and every other officer or officers, to be hereafter elected and chosen by virtue of these presents, from time to time, shall give the like engagements to their offices and places respectively belonging, before the gover­nor, or deputy governor, for the time being; unto which said governor, or deputy governor, we do by these presents give full power and authority to require, administer or re­ceive the same accordingly. And we do likewise, for us, our heirs and successors, give and grant unto the said gover­nor and company, and their successors, by these presents, that for the more peaceable and orderly government of the said plantations, it shall and may be lawful for the gover­nor, deputy governor, assistants, and all other officers and ministers of the said company, in the administration of jus­tice, and exercise of government, in the said plantations, to use, exercise, and put in execution, such methods, rules, orders, aud directions, not being contrary and repugnant to the laws and statutes of this our realm, as have been here­tofore given, used, and accustomed in such cases respec­tively, to be put in practice, until at the next, or some other general assembly, especial provision shall be made in the cases aforesaid. And we do further, for us, our heirs and successors, give and grant unto the said governor and company, and their successors, by these presents, that it shall and may be lawful to and for the said governor, or in [Page 52] his absence the deputy governor, and major part of the said assistants for the time being, at any time, when the said general assembly is not sitting, to nominate, appoint and constitute such and so many commanders, governors, and military officers, as to them shall seem requisite, for the leading, conducting, and training up the inhabitants of the said plantations in martial affairs, and for the defence and safeguard of the said plantations; and that it shall and may be lawful to and for all and every such commander, gover­nor, and military officer, that shall be so as aforesaid, or by the governor, or in his absence the deputy governor, and six of the assistants, and major part of the freemen of the said company, present at any general assemblies, nominated, appointed and constituted, according to the tenor of his and their respective commissions and directions, to assemble, exercise in arms, marshal, array, and put in warlike pos­ture, the inhabitants of the said colony, for their especial defence and safety; and to lead and conduct the said inhabi­tants, and to encounter, repulse, and resist by force of arms, as well by sea as by land, to kill, slay and destroy, by all fitting ways, enterprizes, and means whatsoever, all and every such person or persons, as shall at any time here­after attempt of enterprize the destruction, invasion, detri­ment or annoyance of the said inhabitants or plantations; and to use and exercise the law martial, in such cases only as occasion shall necessarily require, and to take and surprise, by all ways and means whatsoever, all and every such per­son and persons, with their ship or ships, armour, ammu­nition, or other goods of such persons as shall in hostile man­ner invade or attempt the defeating of the said plantation, or the hurt of the said company and inhabitants; and upon just causes to invade and destroy the natives, indians, or other enemies of the said colony. Nevertheless, our will and pleasure is, and we do hereby declare, to the rest of our colonies in New-England, that it shall not be lawful for this our said colony of Rhode-Island and Providence Plantations In America, in New-England, to invade the natives inha­biting within the bounds and limits of their said colonies, without the knowledge and consent of the said other colo­nies. [Page 53] And it is hereby declared, that it shall not be lawful to or for the rest of the colonies to invade or molest the na­tive indians, or any other inhabitants, inhabiting within [...]he bounds or limits hereafter mentioned, (they having subjec­ted themselves unto us, and being by us taken into our spe­cial protection) without the knowledge and consent of the governor and company of our colony of Rhode-Island and Providence plantation. Also our will and pleasure is, and we do hereby declare unto all Christian kings, princes and states, that if any person, which shall hereafter be of the said company or plantation, or any other by appointment of the said governor and company, for the time being, shall at any time or times hereafter, rob or spoil, by sea or land, or do any hurt, or unlawful hostility, to any of the sub­jects of us, our heirs and successors, or to any of the sub­jects of any prince or state, being then in league with us, our heirs and successors; upon complaint of such injury done to any such prince or state, or their subjects, we, our heirs and successors, will make open proclamation, within any parts of our realm of England, fit for that purpose, that the person or persons committing any such robbery or spoil, shall, within the time limited by such proclamation, make full restitution or satisfaction of all such injuries done or committed, so as the said prince, or others so complaining, may be fully satisfied and contented; and if the said person or persons, who shall commit any such robbery or spoil, shall not make satisfaction accordingly, within such time so to be limited, that then we, our heirs and successors, will put such person or persons out of our allegiance and protec­tion; and that then it shall and may be lawful and free for all princes or others, to prosecute with hostility such offen­ders, and every of them, their and every of their procurers, aiders, abettors and counsellors, in that behalf. Provided also, and our express will and pleasure is, and we do by these presents, for us, our heirs and successors, ordain and ap­point, that these presents shall not in any manner hinder any of our loving subjects whatsoever, from using and ex­ercising the trade of fishing upon the coast of New-Eng­land, in America, but that they, and every or any of them, [Page 54] shall have full and free power and liberty to continue and use the trade of fishing upon the said coast, in any of the seas thereunto adjoining, or any arms of the sea, or salt-water, rivers and creeks, where they have been accustomed to fish, and to build and set upon the waste land belonging to the said colony and plantations, such wharfs, stages, and work-houses as shall be necessary for the salting, drying and keeping of their fish, to be taken or gotton upon that coast. And further, for the encouragement of the inhabitants of our said colony of Providence plantation, to set upon the business of taking whales, it shall be lawful for them, or any of them, having struck a whale, dubertus, or other great fish, it or them to pursue unto that coast, and into any bay, river, cove, creek or shore, belonging thereto, and it or them, upon the said coast, or in the said bay, ri­ver, cove, creek, or shore, belonging thereto, to kill and order for the best advantage, without molestation, they making no wilful waste or spoil; any thing in these presents contained, or any other matter or thing to the contrary not­withstanding. And further also, we are graciously pleased, and do hereby declare, that if any of the inhabitants of our said colony do set upon the planting of vineyards, (the soil and climate both seeming naturally to concur to the pro­duction of wines) or be industrious in the discovery of fish­ing-banks, in or about the said colony, we will, from time to time, give and allow all due and fitting encouragement therein, as to others in cases of like nature. And further, of our more ample grace, certain knowledge, and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant, unto the said governor and company of the English colony of Rhode-Island and Providence plantation in the Narraganset bay in New-England, in America, and to every inhabitant there, and to every person and persons trading thither, and to every such person or persons, as are or shall be free of the said colony, full power and authority from time to time, and at all times hereafter, to take, ship, transport, and carry away, out of any of our realms and dominions, for and towards the plantation and defence of the said colony, such and [Page 55] so many of our loving subjects and strangers, as shall or will willingly accompany them in and to their said colony and plantation, except such person or persons as are or shall be therein restrained by us, our heirs and [...]essors, or any law or statute of this realm; and also to ship and transport all and all manner of goods, chattles, merchandise, and other things whatsoever, that are or shall be useful or necessary for the said plantations, and defence thereof, and usually transported, and not prohibited by any law or statute of this our realm; yielding and paying unto us, our heirs and successors, such the duties, customs and subsidies, as are or ought to be paid or payable for the same. And further, our will and pleasure is, and we do, for us, our heirs and successors, ordain, declare, and grant, unto the said gover­nor and company, and their successors, that all and every the subjects of us, our heirs and successors, which are al­ready planted and settled within our said colony of Provi­dence plantations, or which shall hereafter go to inhabit within the said colony, and all and every of their children which have been born there, or which shall happen hereaf­ter to be born there, or on the sea going thither or return­ing from thence, shall have and enjoy all liberties and im­munities of free and natural subjects, within any the domi­nions of us, our heirs and successors, to all intents construc­tions and purposes whatsoever, as if they and every of them were born within the realm of England. And further know ye, that we, of our more abundant grace, certain know­ledge, and mere motion, have given granted, and confirm­ed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said governor and company, and their successors, all that part of our domi­nions, in New-England, in America, containing the Na­hantick and Nanhygansett alias Narraganset bay, and coun­tries and parts adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck alias Pawcawtuck river, and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northward unto the head thereof, and from thence by a [Page 56] strait line drawn due north, until it meet with the south line of the Massachusetts colony, and on the north or nor­therly, by the aforesaid south or southerly line of the Mas­sachusetts colony or plantation, and extending towards the east or eastwardly three English miles, to the east and north-east of the most eastern and north eastern parts of the a­foresaid Narraganset bay, as the said bay lieth or extend­eth itself from the ocean on the south or southwardly, un­to the mouth of the river which runneth towards the town of Providence, and from thence along the eastwardly side or bank of the said river (higher called by the name of Seacunck river) up to the falls called Patucket falls, being the most westardly line of Plymouth colony; and so from the said falls, in a strait line due north, until it meet with the aforesaid line of the Massachusetts colony, and bound­ed on the south by the ocean, and in particular the lands belonging to the town of Providence, Patuxit, Warwicke, Misquammacock, alias Pawcatuck, and the rest upon the main land, in the tract aforesaid, together with Rhode-Island, Blocke-Island, and all the rest of the islands and banks in the Narraganset bay, and bordering upon the coast of the tract aforesaid, (Fisher's island only excepted) together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-emi­nences and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, to them or any of them belonging, or in any-wise appertaining. To have and to hold the same, unto the said governor and company, and their suceessors for ever, upon trust, for the use and benefit of themselves, and [...]heir associates, freemen of the said colony, their heirs and assig [...]. To be holden of us, our heirs and successors, as of the man­or of East-Greenwich in our county of Kent, in free and common soccage, and not in capite, nor by knight's service. Yielding and paying therefore to us, our heirs and successors, only the fifth part of all the ore of gold [Page 57] and silver, which from time to time, and at all times hereafter, shall be there gotten, had or obtained, in lieu and satisfaction of all services, duties, fines, forfeitures, made or to be made claims or demands whatsoever, to be to us, our heirs or successors, therefore or thereabout rendered, made or paid; any grant or clause, in a late grant to the governor and company of Connecticut colo­ny in America, to the contrary thereof in any wise not­withstanding; the aforesaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between these our said colonies, by the agents thereof who have also agreed, that the said Pawcatuck river shall also be called alias Narrogancett or Narrogansett river, and to prevent future disputes that otherwise might arise thereby, for ever hereafter shall be construed, deemed and taken to be the Narrogancett river, in our late grant to Connecticut colony, mentioned as the easterly bounds of that colony. And further, our will and pleasure is, that in all matters [...] public controversies, which may fall out between our [...]y of Providence plantation, to make their appeal therein to us, our heirs and successors, for redress in such cases, within this our realm of England; and that it shall be lawful to and for the inhabitants of the said colony of [...]rovidence plantations, without lett or molestation, to pass and repass with freedom into and through the rest of the English colonies, upon their law­ful and civil occasions, and to converse, and hold com­merce, and trade with such of the inhabitants of our other English colonies, as shall be willing to admit them thereunto, they behaving themselves peaceably among them; any act, clause, or sentence, in any of the said colonies provided, or that shall be provided, to the con­trary in any wise notwithstanding. And lastly, we do for us, our heirs and successors, ordain and grant unto the said governor and company, and their successors, by these presents, that these our letters patents, shall be firm, good, [...]ctual, and available, in all things in the law, to all intents, constructions and purposes whatsoever, ac­cording to our true intent and meaning herein before de­clared [Page 58] and shall be construed, reputed and adjudged in all cases, most favourably on the behalf, and for the best benefit and behoof of the said governor and company, and their successors, although express mention, &c. In wit­ness, &c. witness, &c.

Per Ipsum Regem.

[Since the commencement of hostilities by Great Bri­tain, the state of Rhode-Island and Providence plantations has not assumed a form of government different from that contained in the foregoing charter. For in that, the king ceded to the governor and company, all powers, legisla­tive, executive, and judicial, reserving to himself, as an acknowledgement of his sovereignty, a render of the fifth part of the gold and silver ore that should be found with­in the territory. The governor, chief magistrates, and legislators are chosen by the freemen as usual, and all ju­dicial and executive officers are annually elected by the governor and company, or upper and lower house of as­sembly. All processes original and judicial, formerly is­sued in the king's name, but they now issue in the name of the governor and company. The oaths of allegiance and of office are made conformable to the principles of the revolution. The governor, in his legislative capacity, can­not give a negative to any act of the two houses; but, in common with the other magistrates, has one voice only.

The state is divided into five counties, in each of which there is a court of common pleas and general sessions of the peace, held twice every year, for the trial of all causes not capital, that arise within their limits; from which an appeal lies, to the superior court of judicature, court of assize and general jail delivery, whose jurisdiction extends over the whole state, and who also sit twice a year in each county. The constitution admits not of religious establishments, any farther than depends upon the voluntary choice of individu­als. All men professing one Supreme Being, are equally protected by the laws, and no particular sect can claim pre­eminence: From hence it is, that benevolence, hospitality, and undissembled honesty remarkably characterise the people.]

CONNECTICUT. ACCOUNT of the CONSTITUTION of CONNECTICUT.

CONNECTICUT is divided into six counties, and each county is divided into a number of towns. Each town has a right to send two representatives to the gene­ral court or assembly. The general court consists of two branches called the upper and lower house. The upper house is composed of the governor, deputy-governor, and twelve assistants or counsellors; and the lower house of the representatives of the several towns. This court has the sole power to make and repeal laws, grant levies, dis­pose of lands belonging to the state, to particular towns and persons: to erect and stile judicatories and officers, as they shall see necessary for the good government of the people; and also to call to account any court, magistrate, or other officer, for any misdemeanor or mal-administra­tion, and for just cause may fine, displace, or remove them, or deal otherwise, as the nature of the case shall require; and deal or act in any other matter that concerns the good of the state, except the election of governor, deputy-go­vernor, assistants, treasurer, and secretary, which shall be done by the freemen at the yearly court of election, un­less there be any vacancy by reason of death or other­wise, after the election, which may be filled up by the general court. This court has power also, for reasons satisfactory to them, to grant suspension, release, and jail delivery upon reprieve, in capital and criminal cases. The general court has two stated sessions annually, on the second Thursdays of May and October.

The governor, or in his absence the deputy-governor, may call the assembly, on special emergencies, to meet [Page 60] at any other time. The governor, deputy-governor, as­sistants, and secretary, are annually elected on the second Thursday in May. The representatives are newly cho­sen for each stated session. The judges and justices are annually appointed by the general court; the same per­sons are commonly re-appointed from time to time during their capacity to serve, unless guilty of misbehaviour. The sheriffs are appointed by the governor and council, with­out limitation of time, but may be superseded 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 commissioned by the governor. The captains and sub­alterns are chosen by the vote of the company and hous­holders li [...]ng within the limits of the company; the person so chosen must be approved by the general court, and commissioned by the governor, before they have power to execute their offices. All the military officers hold their offices during the pleasure of the assembly, nor can they resign their commissions without leave of the captain-general, under penalty of doing duty in the ranks as private soldiers.

The mode of electing the governor, deputy-governor, assistants, treasurer, and secretary is, that the freemen in the several towns meet on the Monday next after the first Tuesday in April annually (being the day appointed by law for that purpose, and choosing representatives) and give in their votes for the persons they choose for said of­fices respectively, with their names written on a piece of paper, which votes are received and sealed up by a con­stable in the freemen's meeting; the votes for each of said offices in a different paper, writing on the outside the name of the town, and the office for which the votes are given in, which are sent by the representativss to the ge­neral court, to be held on the second Thursday of May next ensuing; at which time, after the house of repre­sentatives have chosen a speaker and clerk, a committee is chosen of members of both houses, to sort and count the [Page 61] votes, and declare the names of the persons chosen to said offices. Any freemen qualified to vote for representatives, &c. may be elected to any office in the government. In choosing assistants twenty persons are nominated by the votes of the freemen, given in at their meeting for choos­ing representatives in September annually, and sealed up and sent to the general court in October then next, which are counted by a committee of both houses, and the twenty persons who have the greatest number of votes stand in nomination, out of which number twelve are to be chosen assistants by the freemen, the next April, in man­ner afore described.

The qualifications requisite to entitle a person to vote in election of the officers of government are, maturity in years, quiet and peaceable behaviour, a civil conversation, and forty shillings freehold, or forty pounds personal estate; if the selectmen of the town certify a person qualified in those respects, he is admitted a freemen, on his taking an oath of fidelity to the state.

The names of all that are thus admitted, are inrolled in the town-clerk's office, and continue freemen during life, unless disfranchised by a sentence of the superior court on conviction of a misdemeanour.

The governor or in his absence the deputy governor in the upper house, and the speaker in the lower house of assembly, have a casting voice when the members of the respective houses, including the governor and speaker, are equally divided in opinion on any question.

There is in this state a superior court, consisting of one chief judge and four other judges, which have authority in all criminal cases, extending to life, limb, and banish­ment, and to hear and determine all civil actions brought by appeal from the county courts, or on writs of error. This court also hath authority in all matters of divorce. There are two stated sessions of the superior court in each county annually.

There are also county courts held in the several coun­ties, consisting of one judge and four justices of the quo­rum, who have jurisdiction in all criminal cases, arising [Page 62] within their respective counties, where the punishment does not extend to life, limb, or banishment. The coun­ty courts also have original jurisdiction in all civil actions wherein the demand exceeds forty shillings.

The superior and county courts try matters of fact by a jury, according to the course of the common law.

Justices of the peace have authority to hear and deter­mine civil actions where the demand does not exceed forty shillings. They also have authority in some cases of a cri­minal nature, punishable by fine not exceeding forty shil­lings, or whipping not exceeding ten stripes, or sitting in the stocks.

This state is also divided into a number of probate dis­tricts, less than counties; in each of which is appointed a judge for the probate of wills, granting administration on intestate estates, appointing guardians for minors, or­dering distribution of intestate estates, &c. An appeal lies from any decree of this court to the superior court.

The superior, county, and probate courts appoint their respective clerks.

The general court has till very lately been the only court of chancery in this state. 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 assembly all cases exceeding the last mentioned sum.

All attornies at law are admitted and sworn by the county courts; there is no attorney general, but there used to be one king's attorney in each county, but since the king has abdicated the government, they are now at­tornies to the governor and company.

NEW-YORK. The CONSTITUTION of the State of New-York. Established by the CONVENTION, authorised and empow­ered for that Purpose, April 20. 1777.

1. THIS convention, in the name and by the authority of the good people of this state, doth ordain, de­termine, and declare, that no authority shall, on any pre­tence whatever, be exercised over the people or members of this state, but such as shall be derived from and granted by them.

2. This convention doth further, in the name and by the authority of the good people of this state, ordain determine, and declare, that the supreme legislative power, within this state, shall be vested in two seperate and distinct bodies of men; the one to be called, The Assembly of the State of New-York; the other to be called, The Senate of the State of New-York; who together shall form the legislature, and meet once at least in every year for the dispatch of business.

3. And whereas, laws inconsistent with the spirit of this constitution, or with the public good, may be hastily and unadvisedly passed; 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 governor, shall be, and hereby are, constituted a council to revise all bills about to be passed into laws by the legislature, and for that purpose shall assemble themselves, from time to time, when the legislature shall be convened; for which never­theless, they shall not receive any salary or considera­tion, under any pretence whatever. And that all bills, which have passed the senate and assembly, shall, before they become laws, be presented to the said council for their [Page 64] revisal and consideration; and if upon such revision and con­sideration, it should appear improper to the said council, or a majority of them, that the said bill should become a law of this state, that they return the same, together with their ob­jections thereto in writing, to the senate or house of assem­bly, in whichsoever the same shall have originated, who shall enter the objections sent down by the council, at large, in their minutes, and proceed to reconsider the said bill. But if after such reconsideration, two thirds of the said se­nate or house of assembly, shall, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be re-considered, and if approved by two thirds of the members present shall be a law.

And in order to prevent any unnecessary delays, be it further ordained, that if any bill shall not be returned by the council within ten days after it shall have been present­ed, the same shall be a law, unless the legislature shall, by their adjournment, render a return of the said bill within ten days impracticable; in which case the bill shall be returned on the first day of the meeting of the legislature, after the expiration of the said ten days.

4. That the assembly shall consist of at least seventy members, to be annually chosen in the several counties in in the proportions following, viz.

• For the city and county of New-York, nine.
• The city and county of Albany, ten.
• The county of Dutchess, seven.
• The county of Westchester, six.
• The county of Ulster, six.
• 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 Tryon, six.
• The county of Charlotte, four.
• The county of Cumberland, three.
• The county of Gloucester, two.

[Page 65]5. That as soon after the expiration of seven years, sub­sequent to the termination of the present war as may be, a census of the electors and inhabitants in this state be taken, under the direction of the legislature. And if on such cen­sus, it shall appear, that the number of representatives in as­sembly from the said counties, is not justly proportioned to the number of electors in the said counties respectively, that the legislature do adjust and apportion the same by that rule. And further, that once in every seven years, after the tak­ing of the said first census, a just account of the electors re­sident in each county shall be taken; and if it shall there­upon appear, that the number of electors in any county, shall have increased or diminished one or more seventieth parts of the whole number of electors, which on the said first census shall be found in this state, the number of repre­sentatives for such county shall be increased or diminished accordingly, that is to say, one representative for every se­ventieth part as aforesaid.

6. And whereas, an opinion hath long prevailed among divers of the good people of this state, that voting at electi­ons by ballot, would tend more to preserve the liberty and equal freedom of the people than voting viva voce. To the end therefore, that a fair experiment be made, which of those two methods of voting is to be preferred:

Be it ordained, that as soon as may be, after the termi­nation of the present war, between the United States of Ame­rica and Great-Britain, an act, or acts be passed by the le­gislature of this state, for causing all elections thereafter to be held in this state, for senators and representatives in as­sembly, to be by ballot, and directing the manner in which the same shall be conducted. And whereas, it is possible, that after all the care of the legislature, in framing the said act or acts, certain inconveniencies and mischiefs, unfore­seen at this day, may be found to attend the said mode of electing by ballot:

It is further ordained, that if after a full and fair experi­ment shall be made of voting by ballot aforesaid, the same shall be found less conducive to the safety or interest of the state, than the method of voting viva voce, it shall be law­ful [Page 66] and constitutional for the legislature to abolish the same; provided two thirds of the members present in each house, respectively shall concur therein: And further, that, dur­ing the continuance of the present war, and until the legis­lature of this state shall provide for the election of senators and representatives in assembly by ballot, the said elections shall be made viva voce.

7. That every male inhabitant of full age, who shall have personally resided within one of the counties of this state, for six months immediately preceeding the day of elec­on, shall, at such election, be intitled to vote for represen­tatives of the said county in assembly; if, during the time aforesaid he shall have been a freeholder, possessing a free-hold of the value of twenty pounds, within the said county, or have rented a tenement therein of the yearly value of for­ty shillings, and been rated and actually paid taxes to this state: Provided always, that every person who now is a freemen of the city of Albany, or who was made a free­man of the city of New-York, on or before the fourteenth day of October, in the year of our Lord one thousand se­ven hundred and seventy-five, and shall be actually and u­sually resident in the said cities respectively, shall be entitled to vote for representatives in assembly within his said place of residence.

8. That every elector, before he is admitted to vote, shall, if required by the returning officer or either of the inspectors, take an oath, or if of the people called Quakers, an affirmation, of allegiance to the state.

9. That the assembly thus constituted shall choose their own speaker, be judges of their own members, and enjoy the same privileges and proceed in doing business, in like manner as the assemblies of the colony of New-York of right formerly did; and that a majority of the said mem­bers shall, from time to time, constitute a house to proceed upon business.

10. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that the senate of the state of New-York shall consist of twenty-four freeholders, to be chosen [Page 67] out of the body of the freeholders, and that they be chosen by the freeholders of this state, possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon.

11. That the members of the senate be elected for four years, and immediately after the first election, they be divided by lot into four classes, six in each class, and numbered one, two, three and four; that the seats of the members of the first class shall be vacated at the expira­tion of the first year, the second class the second year, and so on continually; to the end that the fourth part of the senate, as nearly as possible, may be annually chosen.

12. That the election of senators shall be after this man­ner; that so much of this state as is now parcelled into counties, be divided into four great districts; the southern district to comprehend the city and county of New-York, Suffolk, Westchester, Kings, Queens, and Richmond counties, the middle district to comprehend the counties of Dutchess, Ulster and Orange; the western district, the city and county of Albany, and Tryon county; and the eastern district, the counties of Charlotte, Cumber­land, and Gloucester. That the senators shall be elected by the freeholders of the said districts, qualified as afore­said, in the proportions following, to wit, in the southern district nine, in the middle district six, in the western dis­trict six, and in the eastern district three. And be it or­dained, that a census shall be taken as soon as may be, after the expiration of seven years from the termination of the present war, under the direction of the legislature: And if on such census it shall appear, that the number of senators is not justly proportioned to the several districts, that the legislature adjust the proportion as near as may be, to the number of freeholders qualified as aforesaid, in each district. That when the number of electors, within any of the said districts, shall have increased one twenty-fourth part of the whole number of electors, which, by the said census, shall be found to be in this state, an ad­ditional senator shall be chosen by the electors of such dis­trict. That a majority of the number of senators to be [Page 68] chosen as aforesaid, shall be necessary to constitute a se­nate sufficient to proceed upon business, and that the se­nate shall, in like manner with the assembly, be the judges of its own members. And be it ordained, that it shall be in the power of the future legislatures of this state, for the convenience and advantage of the good people thereof, to divide the same into such further and other counties and districts, as shall to them appear necessary.

13. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that no member of this state shall be disfranchised, or deprived of any of the rights or privi­leges secured to the subjects of this state, by this constitu­tion, unless by the law of the land, or the judgment of his peers.

14. That neither the assembly nor the senate shall have power to adjourn themselves for any longer time than two days, without the mutual consent of both.

15. That whenever the assembly and senate disagree, a conference shall be held in the presence of both, and be managed by committees to be by them respectively chosen by ballot. That the doors both of the senate and assem­bly, shall at all times be kept open to all persons, except when the welfare of the state shall require their debates to be kept secret. And the journals of all their proceed­ings shall be kept in the manner heretofore accustomed by the general assembly of the colony of New-York, and except such parts as they shall, as aforesaid, respectively determine not to make public, be from day to day (if the business of the legislature will permit) published.

16. It is nevertheless provided, that the number of se­nators shall never exceed one hundred, nor the number of assembly three hundred; but that whenever the number of senators shall amount to one hundred, or of the assem­bly to three hundred, then and in such case, the legisla­ture shall from time to time thereafter, by laws for that purpose, apportion and distribute the said one hundred se­nators, and three hundred representatives, among the great districts and counties of this state, in proportion to [Page 69] the number of their respective electors; so that the repre­sentation of the good people of this state, both in the se­nate and assembly, shall for ever remain proportionate and adequate.

17. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that the supreme executive power and authority of this state shall be vested in a governor; and that statedly once in every three years, and as often as the seat of government shall become vacant, a wise and discreet freeholder of this state shall be by ballot elected governor, by the freeholders of this state, qualified as before described to elect senators; which elections shall be always held at the times and places of choosing repre­sentatives in assembly for each respective county; and that the person who hath the greatest number of votes within the said state, shall be governor thereof.

18. That the governor shall continue in office three years, and shall, by virtue of his office, be general and com­mander in chief of all the militia, and admiral of the na­vy of this state; that he shall have power to convene the assembly and senate on extraordinary occasions, to pro­rogue them from time to time, provided such prorogati­ons shall not exceed sixty days in the space of any one year; and at his discretion to grant reprieves and pardons to persons convicted of crimes, other than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature at their subse­quent meeting; and they shall either pardon, or direct the execution of the criminal, or grant a farther reprieve.

19. That it shall be the duty of the governor to inform the legislature, at every sessions, of the condition of the state, so far as may respect his department; to recom­mend such matters to their consideration as shall appear to him to concern its good government, welfare and pro­sperity; to correspond with the continental congress, and other states; to transact all necessary business with the of­ficers of government, civil and military; to take care that [Page 70] the laws are faithfully executed to the best of his abili­ty; and to expedite all such measures as may be resolved upon by the legislature.

20. That a lieutenant-governor shall, at every election of a governor, and as often as the lieutenant-governor shall die, resign, or be removed from office, be elected in the same manner with the governor, to continue in office until the next election of a governor; and such lieutenant-governor shall, by virtue of his office, be president of the senate, and, upon an equal division, have a casting voice in their decisions, but not vote on any other occasion.

And in case of the impeachment of the governor, or his removal from office, death, resignation, or absence from the state, the lieutenant-governor shall exercise all the power and authority appertaining to the office of gover­nor, until another be chosen, or the governor absent or impeached, shall return or be acquitted. Provided, that where the governor shall, with the consent of the legis­lature, be out of the state, in time of war, at the head of a military force thereof, he shall still continue in his command of all the military force of the state, both by sea and land.

21. That whenever the government shall be admini­stered by the lieutenant-governor, or he shall be unable to attend as president of the senate, the senators shall have power to elect one of their own members to the office of president of the senate, which he shall exercise pro hac vice. And if, during such vacancy of the office or gover­nor, the lieutenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate shall in like manner as the lieutenant-governor, administer the government, until others shall be elected by the suffrage of the people, at the succeeding election.

22. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine and declare, that the treasurer of this state shall be appointed by act of the legislature, to originate with the assembly: Provided, that he shall not be elected out of either branch of the legislature.

[Page 71]23. That all officers, other than those, who by this con­stitution are directed to be otherwise appointed, shall be appointed in the manner following, to wit, The assembly shall once in every year, openly nominate and appoint one of the senators from each great district, which sena­tors shall form a council for the appointment of the said officers, of which the governor for the time being, or the lieutenant governor, or the president of the senate, when they shall respectively administer the government, shall be president, and have a casting voice, but no other vote, and with the advice and consent of the said council, shall ap­point all the said officers; and that a majority of the said council be a quorum. And further, the said senators shall not be eligible to the said council for two years suc­cessively.

24. That all military officers be appointed during plea­sure; that all commissioned officers civil and military, be commissioned by the governor; and that the chancellor, the judges of the supreme court, and first judge of the county court in every county, hold their offices during good behaviour, or until they shall have respectively at­tained the age of sixty years.

25. That the chancellor and judges of the supreme court, shall not at the same time hold any other office, excepting that of delegate to the general congress, upon special occasions; and that the first judges of the county courts in the several counties, shall not at the same time hold any other office, excepting that of senator, or delegate to the general congress: But if the chancellor or either of the said judges be elected or appointed to any other office, excepting as is before excepted, it shall be at his option in which to serve.

26. That sheriffs and coroners be annually appointed; and that no person shall be capable of holding either of the said offices more than four years successively, nor the sheriff of holding any other office at the same time.

27. And be it further ordained, that the register and clerks in chancery be appointed by the chancellor; the clerks the supreme court by the judges of the said court; [Page 72] the clerk of the court of probates by the judge of the said court; and the register and marshall of the court of admi­ralty by the judge of the admiralty. The said marshal, re­gisters and clerks to continue in office during the pleasure of those by whom they are to be appointed as aforesaid.

And that all attorneys, solicitors and counsellors at law, hereafter to be appointed, be appointed by the court, and licensed by the first judge of the court in which they shall re­spectively plead or practise; and be regulated by the rules and orders of the said courts.

28. And be it further ordained, that where by this con­vention the duration of any office shall not be ascertained, such office shall be construed to be held during the pleasure of the council of appointment: Provided that new commissi­ons shall be issued to judges of the county courts (other than to the first judge) and to justices of the peace, once at the least in every three years.

29. That town clerks, supervisors, assessors, constables, and collectors, and all other officers heretofore eligible by the people, shall always continue to be so eligible, in the manner directed by the present or future acts of legislature.

That loan officers, county treasurers, and clerks of the supervisors, continue to be appointed in the manner direct­ed by the present or future acts of the legislature.

30. That delegates to represent this state in the general congress of the United States of America, be annually appointed as follows, to wit, The senate and assembly shall each openly nominate as many persons as shall be equal to the whole number of delegates to be appointed; after which nomination they shall meet together, and those per­sons named in both lists shall be delegates; and out of those persons whose names are not in both lists, one half shall be chosen by the joint ballot of the senators and members of assembly, so met together as aforesaid.

31. That the stile of all laws shall be as follows, to wit, "Be it enacted by the people of the state of New-York, represented in senate and assembly." And that all writs and other proceedings shall run in the name of the people of the state of New-York, and be tested in the name of the [Page 73] chancellor or chief judge of the court from whence they shall issue.

32. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that a court shall be instituted, for the trial of impeachments, and the correction of errors, under the regulations which shall be established by the legis­lature; and to consist of the president of the senate, for the time being and the senators, chancellor, and judges of the supreme court, or the major part of them; except, that when an impeachment shall be prosecuted against the chan­cellor, or either of the judges of the supreme court, the person so impeached shall be suspended from exercising his office until his acquittal: And in like manner, when an ap­peal from a decree in equity shall be heard, the chancellor shall inform the court of the reasons of his decree, but shall not have a voice in the final sentence. And if the cause to be determined shall be brought up by writ of error on a question of law, on a judgment in the supreme court, the judges of that court shall assign the reasons of such their judg­ment, but shall not have a voice for its affirmance or re­versal.

33. That the power of impeaching all officers of the state, for mal and corrupt conduct in their respective offi­ces, be vested in the representatives of the people in as­sembly; but that it shall always be necessary that two third parts of the members present shall consent to and agree in such impeachment. That previous to the trial of every impeachment, the members of the said court shall respec­tively be sworn, truly and impartially to try and determine the charge in question, according to evidence; and that no judgment of the said court shall be valid, unless it be assent­ed to by two third parts of the members then present; nor shall it extend farther than to removal from office, and dis­qualification to hold and enjoy any place of honor, trust or profit, under this state. But the party so convicted, shall be, nevertheless, liable and subject to indictment, trial, judg­ment and punishment, according to the laws of the land.

34. And it is further ordained, that in every trial on im­peachment [Page 74] or indictment for crimes or misdemeanors, the party impeached or indicted shall be allowed counsel, as in civil actions.

35. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that such parts of the common law of England, and of the statute law of England and Great-Britain, and of the acts of the legislature of the colony of New-York, as together did form the law of the said colony on the 19th day of April, in the year of our Lord one thousand seven hundred and seventy-five, shall be and continue the law of this state; subject to such alterations and provi­sions, as the legislature of this state shall, from time to time make concerning the same. That such of the said acts as are temporary, shall expire at the times limited for their du­ration respectively. That all such parts of the said common law, and all such of the said statutes, and acts aforesaid, or parts thereof, as may be construed to establish or maintain any partiticular denomination of christians or their mini­sters, or concern the allegiance heretofore yielded to, and the supremacy, sovereignty, government, or prerogatives, claimed or exercised by the king of Great-Britain and his predecessors, over the colony of New-York and its inha­bitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this con­vention doth further ordain, that the resolves or resolu­tions of the congresses of the colony of New-York, and of the convention of the state of New-York, now in force, and not repugnant to the government established by this constitution, shall be considered as making part of the laws of this state; subject, nevertheless, to such alterations and provisions, as the legislature of this state may, from time to time, make concerning the same.

36. And be it further ordained, that all grants of land within this state, made by the king of Great-Britain, or persons acting under his authority, after the fourteenth day of October, one thousand seven hundred and seventy-five, shall be null and void: But that nothing in this constitution contained, shall be construed to affect any grants of land, [Page 75] within this state, made by the authority of the said king or his predecessors, 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 said charters shall be adjudged to be void, by reason of any non-user or mis-user of any of their respective rights or privileges, between the nineteenth day of April, in the year of our Lord one thousand seven hun­dred and seventy-five, and the publication of this constitu­tion. And further, that all such of the officers described in the said charters respectively, as by the terms of the said charters, were to be appointed by the governor of the colony of New-York, with or without the advice and consent of the council of the said king, in the said colony, shall henceforth be appointed by the council established by this constitution, for the appointment of officers in this state, until otherwise directed by the legislature.

37. And whereas it is of great importance to the safety of this state, that peace and amity with the indians within the same, be at all times supported and maintained. And whereas, the frauds too often practised towards the said in­dians, in contracts made for their lands, have in divers in­stances been productive of dangerous discontents and ani­mosities; Be it ordained, that no purchases or contracts for the sale of lands made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with or of the said indians, within the limits of this state, shall be binding on the said indians, or deemed valid, unless made under the authority, and with the consent of the legislature of this state.

38. And whereas we are required by the benevolent principles of rational liberty, not only to expel civil tyran­ny, but also to guard against that spiritual oppression and intolerance, wherewith the bigotry and ambition of weak and wicked priests and princes, have scourged mankind: This convention doth further, in the name and by the au­thority of the good people of this state, ordain, determine and declare, that the free exercise and enjoyment of religi­ous profession and worship, without discrimination or pre­ference, [Page 76] shall forever hereafter be allowed within this state, to all mankind. Provided that the liberty of conscience hereby granted, shall not be so construed, as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

39. And whereas the ministers of the gospel, are by their profession dedicated to the service of God and the cure of souls, and ought not to be diverted from the great du­ties of their function; therefore no minister of the gospel, or priest of any denomination whatsoever, shall at any time hereafter, under any pretence or description whatever, be eligible to, or capable of holding any civil or military of­fice or place, within this state.

40. And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of defence; and it is the duty of every man, who enjoys the protection of society, to be prepared and willing to de­fend it; this convention, therefore, in the name and by the authority of the good people of this state, doth ordain, de­termine and declare, that the militia of this state, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this state, being of the people called Quakers, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the state, such sums of money in lieu of their personal service, as the same may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expence of this state, and by acts of the legislature, established, maintained, and conti­nued in every county in this state.

41. And this convention doth further ordain, determine and declare, in the name and by the authority of the good people of this state, that trial by jury, in all cases in which it hath heretofore been used in the colony of New-York, shall be established, and remain inviolate forever. And that no acts of attainder shall be passed by the legislature of this state for crimes, other than those committed before the [Page 77] termination of the present war; and that such acts shall not work a corruption of blood. And further, that the legisla­ture of this state shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law.

42. And this convention doth further, in the name and by the authority of the good people or this state, ordain, de­termine and declare, that it shall be in the discretion of the legislature to naturalize all such persons, and in such manner as they shall think proper; provided all such of the persons, so to be by them naturalized, as being born in parts be­yond sea, and out of the United States of America, shall come to settle in, and become subjects of this state, shall take an oath of allegiance to this state, and abjure and re­nounce all allegience and subjection to all and every foreign king, prince, potentate and state, in all matters ecclesiastical as well as civil.

NEW-JERSEY. CONSTITUTION of NEW-JERSEY.

WHEREAS all the constitutional authority ever pos­sessed by the kings of Great-Britain over these colo­nies, or their other dominions was, by compact derived from the people, and held of them for the common interest of the whole society, allegiance and protection are, in the nature of things, reciprocal ties, each equally depending upon the other, and liable to be dissolved by the other's being refus­ed or withdrawn. And whereas George the third, king of Great-Britain, has refused protection to the good people of these colonies; and, by assenting to sundry acts of the British parliament, attempted to subject them to the abso­lute dominion of that body; and has also made war upon them in the most cruel and unnatural manner, for no other cause than asserting their just rights, all civil authority under him is necessarily at an end, and a dissolution of government in each colony has consequently taken place.

And whereas in the present deplorable situation of these colonies, exposed to the fury of a cruel and relentless ene­my, some form of government is absolutely necessary, not only for the preservation of good order, but also the more effectually to unite the people, and enable them to exert their whole force in their own necessary defence; and as the honourable the continental congress, the supreme coun­cil of the American colonies, has advised such of the colo­nies as have not yet gone into the measure, to adopt for themselves respectively, such government as shall best con­duce to their own happiness and safety, and the well-being of America in general: We, the representatives of the co­lony of New-Jersey, having been elected by all the coun­ties in the freest manner, and in congress assembled, have, [Page 79] after mature deliberations, agreed upon a sett of charter rights, and the form of a constitution, in manner following, viz.

1 That the government of this province shall be vested in a governor, legislative council, and general assembly.

2. That the legislative council and general assembly shall be chosen, for the first time, on the second Tuesday in August next; the members whereof shall be the same in number and qualifications as is herein after mentioned; and shall be and remain vested with all the powers and authority to be held by any future legislative council and assembly of this colony, until the second Tuesday in October, which shall be in the year of our Lord one thousand seven hundred and seventy-seven.

3. That on the second Tuesday in October yearly, and every year for ever (with the privilege of adjourning from day to day, as occasion may require) the counties shall se­verally choose one person to be a member of the legislative council of this colony, who shall be and have been for one whole year next before the election, an inhabitant and free­holder in the county in which he is chosen, and worth at least one thousand pounds, proclamation money, of real and personal estate within the same county: that, at the same time, each county shall also choose three members of assembly; provided, that no person shall be entitled to a seat in the said assembly, unless he be and have been for one whole year next before the election, an inhabitant of the county he is to represent, and worth five hundred pounds pro­clamation money in real and personal estate, in the same county: that on the second Tuesday next after the day of election, the council and assembly shall separately meet; and that the con­sent of both houses shall be necessary to every law; provid­ed, that seven shall be a quorum of the council for doing business, and that no law shall pass, unless there be a ma­jority of all the representatives of each body personally pre­sent, and agreeing thereto. Provided always, that if a ma­jority of the representatives of this province, in council and general assembly convened, shall, at any time or times here­after, judge it equitable and proper to add to or diminish the [Page 80] number or proportion of the members of assembly for any county or counties in this colony, then, and in such case, the same may, on the principles of more equal representa­tion, be lawfully done, any thing in this charter to the con­trary notwithstanding, so that the whole number of repre­sentatives in assembly shall not at any time be less than thirty nine.

4. That all inhabitants of this colony of full age, who are worth fifty pounds, proclamation money, clear estate in the same, and have resided within the county in which they claim a vote, for twelve months immediately preceding the election, shall be entitled to vote for representatives in coun­cil and assembly; and also for all other public officers that shall be elected by the people of the county at large.

5. That the assembly, when met, shall have power to choose a speaker, and other their officers; to be judges of the qualifications and elections of their own members; sit upon their own adjournments; prepare bills to be passed into laws; and to empower their speaker to convene them, when­ever any extraordinary occurrence shall render it necessary.

6. That the council shall also have power to prepare bills to pass into laws, and have other like powers as the assem­bly, and in all respects to be a free and independent branch of the legislature of this colony; save only, that they shall not prepare or alter any money bill, which shall be the pri­vilege of the assembly, that the council shall, from time to time, be convened by the governor or vice-president, but must be convened at all times when the assembly sits; for which purpose the speaker of the house of assembly shall al­ways immediately after an adjournment give notice to the governor or vice-president, of the time and place to which the house is adjourned.

7. That the council and assembly jointly, at the [...]r first meeting after each annual election, shall, by a majority of votes, elect some fit person within the colony to be governor for one year, who shall be constant president of the council, and have a casting vote in their proceedings; and that the council themselves shall choose a vice-president, who shall act as such in the absence of the governor.

[Page 81]8. That the governor, or in his absence, the vice-pre­sident of the council, shall have the supreme executive power, be chancellor of the colony, and act as captain-general and commander in chief of all the militia and other military force in this colony; and that any three or more of the council shall, at all times, be a privy-council to consult them; and that the governor be ordinary or sur­rogate-general.

9. That the governor and council, (seven whereof shall be a quorum) be the court of appeals in the last resort in all clauses of law, as heretofore; and that they possess the power of granting pardons to criminals after condem­nation, in all cases of treason, felony, or other offences.

10. That captains, and all other inferior officers of the militia, shall be chosen by the companies in the respec­tive counties; but field and general officers by the council and assembly.

11. That the council and assembly shall have power to make the great seal of this colony, which shall be kept by the governor, or, in his absence, by the vice-president of the council, to be used by them, as occasion may require; and it shall be called, The great seal of the colony of New-Jersey.

12. That the judges of the supreme court shall conti­nue in office for seven years; the judges of the inferior court of common pleas in the several counties, iustices of the peace, clerks of the supreme court, clerks of the infe­rior court of common pleas and quarter sessions, the at­torney-general, and provincial secretary, shall continue in office for five years, and the provincial treasurer shall conti­nue in office for one year; and that they shall be severally appointed by the council and assembly in manner aforesaid, and commissioned by the governor, or in his absence the vice-president of the council. Provided always, that the said officers severally, shall be capable of being re-appoint­ed at the end of the terms severally before limited; and that any of the said officers shall be liable to be dismissed, when adjudged guilty of misbehaviour, by the council on an impeachment of the assembly.

[Page 82]13. That the inhabitants of each county, qualified to vote as aforesaid, shall, at the time and place of electing their representatives, annually elect one sheriff, and one or more coroners; and that they may re-elect the same person to such offices until he shall have served three years, but no longer; after which three years must elapse before the same person is capable of being elected again. When the election is certified to the governor or vice-president, under the hands of six freeholders of the county for which they were elected, they shall be immediately commission­ed to serve in their respective offices.

14. That the townships, at their annual town meetings for electing other officers, shall chuse constables for the districts respectively; and also three or more judicious free­holders of good character, to hear and finally determine all appeals relative to unjust assessments in cases of public taxation; which commissioners of appeal shall, for that purpose, sit at some suitable time or times to be by them appointed, and made known to the people by advertise­ments.

15. That the laws of the colony shall begin in the fol­lowing stile, viz. Be it enacted by the council and general as­sembly of this colony, and it is hereby enacted by authority of the same: that all commissions granted by the governor or vice-president, shall run thus— The colony of New-Jersey to A. B, &c. greeting: and that all writs shall likewise run in the name of the colony: and that all indictments shall conclude in the following manner, viz. Against the peace of this colony, the government and dignity of the same.

16. That all criminals shall be admitted to the same privileges of witnesses and counsel, as their prosecutors are or shall be entitled to.

17. That the estates of such persons as shall destroy their own lives shall not, for that offence, be forfeited; but shall descend in the same manner as they would have done, had such persons died in the natural way; nor shall any article which may occasion accidentally the death of any one, be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune.

[Page 83]18. That no person shall ever within this colony be deprived of the inestimable privilege of worshipping Al­mighty God in a manner agreeable to the dictates of his own conscience; nor under any pretence whatever be compelled to attend any place of worship, contrary to his own faith and judgment; nor shall any person within this colony ever be obliged to pay tithes, taxes, or any other rates, for the purpose of building or repairing any other church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right, or has deliberately or voluntarily engaged himself to perform.

19. That there shall be no establishment of any one religious sect in this province in preference to another; and that no protestant inhabitants of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles; but that all persons, professing a belief in the faith of any protestant sect, who shall de­mean themselves peaceably under the government as hereby established, shall be capable of being elected into any office of profit or trust, or being a member of either branch of the legislature, and shall fully and freely enjoy every privi­lege and immunity enjoyed by others their fellow subjects.

20. That the legislative department of this government may, as much as possible, be preserved from all suspi­cion of corruption, none of the judges of the supreme or other courts, sheriffs, or any other person or persons pos­sessed of any post of profit under the government, other than justices of the peace, shall be entitled to a seat in the assembly; but that on his being elected and taking his seat, his office or post shall be considered as vacant.

21. That all the laws of this province, contained in the edition lately published by Mr. Allinson, shall be and re­main in full force, until altered by the legislature of this colony (such only excepted as are incompatible with this charter) and shall be, according as heretofore, regarded in all respects, by all civil officers, and others, the good peo­ple of this province.

22. That the common law of England, as well as so [Page 84] much of the statute law as have been heretofore practised in this colony, shall still remain in force, until they shall be altered by a future law of the legislature; such parts only excepted as are repugnant to the rights and privi­leges contained in this charter; and that the inestimable right of trial by jury shall remain confirmed, as a part of the law of this colony, without repeal for ever.

23. That every person who shall be elected as aforesaid, to be a member of the legislative council or house of as­sembly, shall, previous to his taking his seat in council or assembly, take the following oath or affirmation, viz.

"I, A B. do solemnly declare, that, as a member of the legislative council (or assembly, as the case may be) of the colony of New-Jersey, I will not assent to any law, vote, or proceeding, which shall appear to me injuri­ous to the public welfare of said colony, nor that shall annul or repeal that part of the third section in the char­ter in this colony, which establishes that the elections of members of the legislative council and assembly shall be an­nual, nor that part of the twenty second section in said char­ter, respecting the trial by jury, nor that shall annul, re­peal, or alter any part or parts of the eighteenth or nine­teenth sections of the same."

And any person or persons, who shall be elected as aforesaid, is hereby impowered to administer to the said members, the said oath or affirmation.

Provided always, and it is the true intent and meaning of this congress, that if a reconciliation between Great-Britain and these colonies should take place, and the lat­ter be taken again under the protection and government of the crown of Britain, this charter shall be null and void, otherwise to remain firm and inviolable.

PENNSYLVANIA. The CONSTITUTION of the Commonwealth of Pennsylvania, as established by the GENERAL CONVEN­TION, elected for that Purpose, and held at Philadelphia, July 15, 1776, and continued by Adjournments to Sept. 28, 1776.

WHEREAS all government ought to be instituted and supported for the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights, and the other blessings which the author of existence has bestowed upon man; and whenever these great ends of government are not obtained, the people have a right, by common con­sent to change it, and take such measures as to them may appear necessary to promote their safety and happiness. And whereas the inhabitants of this commonwealth have, in consideration of protection only, heretofore acknow­ledged allegiance to the king of Great-Britain, and the said king has not only withdrawn that protection, but commenced, and still continues to carry on, with una­bated vengeance, a most cruel and unjust war against them, employing therein, not only the troops of Great-Britain, but foreign mercenaries, savages, and slaves, for the avow­ed purpose of reducing them to a total and abject sub­mission, to the despotic domination of the British parlia­ment, with many other acts of tyranny, (more fully set forth in the declaration of congress) whereby all allegi­ance and fealty to the said king and his successors, are dissolved and at an end, and all power and authority de­rived [Page 86] from him ceased in these colonies. And whereas it is absolutely necessary for the welfare and safety of the in­habitants of said colonies, that they be henceforth free and independent states, and that just, permanent, and proper forms of government exist in every part of them, derived from and founded on the authority of the people only, agreeable to the directions of the honourable American congress. We, the representatives of the freemen of Penn­sylvania, in general convention met, for the express pur­pose of framing such a government, confessing the good­ness of the great Governor of the universe (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permit­ting the people of this state, by common consent, and without violence, deliberately to form for themselves such just rules as they shall think best, for governing their fu­ture society; and being fully convinced, that it is our in­dispensible duty to establish such original principles of go­vernment, as will best promote the general happiness of the people of this state, and their posterity, and provide for future improvements, without partiality for, or pre­judice against any particular class, sect, or denomination of men whatever, do, by virtue of the authority vested in us by our constituents, ordain, declare, and establish, the following Declaration of Rights, and Frame of Govern­ment, to be the CONSTITUTION of this commonwealth, and to remain in force therein for ever, unaltered, except in such articles as shall hereafter on experience be found to require improvement, and which shall by the same au­thority of the people, fairly delegated as this frame of go­vernment directs, be amended or improved for the more effectual obtaining and securing the great end and design of all government, herein before mentioned.

DELAWARE. A DECLARATION of RIGHTS and Fundamen­tal Rules of the Delaware State, formerly stiled, The Government of the Counties of Newcastle, Kent, and Sussex, upon Delaware.

1. THAT all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.

2. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understandings; and that no man ought, or of right can be compelled to attend any religious worship, or maintain any ministry, contrary to or against his own free will and consent, and that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul the right of conscience, in the free exercise of religious worship.

3. That all persons professing the christian religion, ought for ever to enjoy equal rights and privileges in this state, un­less under colour of religion, any man disturb the peace, the happiness, or safety of society.

4. That the people of this state have the sole, exclusive, and inherent right of governing and regulating the internal police of the same.

5. That persons intrusted with the legislative and ex­ecutive powers are the trustees and servants of the public, and as such accountable for their conduct; wherefore, whenever the ends of government are perverted, and pub­lic liberty manifestly endangered by the legislative singly, or a treacherous combination of both, the people may, and of right ought to establish a new, or reform the old govern­ment.

6. That the right in the people to participate in the legis­lature, [Page 104] is the foundation of liberty and of all free govern­ment, and for this end all elections ought to be free and frequent, and every freeman having sufficient evidence of a perma [...]nt common interest with, and attachment to the community, hath a right of suffrage.

7. That no power of suspending laws, or the execution of laws, ought to be exercised unless by the legislature.

8. That for redress of grievances, and for amending and strengthening of the laws, the legislature ought to be fre­quently convened.

9. That every man hath a right to petition the legislature for the redress of grievances, in a peaceable and orderly manner.

10. That every member of society hath a right to be protected in the enjoyment of life, liberty, and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his personal service when necessary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public uses without his own consent, or that of his legal representatives: Nor can any man that is conscientiously scrupulous of bearing arms in any case, be justly compelled thereto, if he will pay such equivalent.

11. That retrospective laws, punishing offences commit­ted be [...]e the existence of such laws, are oppressive and unjust, and ought not to be made.

12. That every freeman, for every injury done him in his goods, lands, or person, by any other person, ought to have remedy by the course of the law of the land, and ought to have justice and right for the injury done to him, freely without sale, [...]ly without any denial, and speedily without delay, according to the law of the land.

13. That trial by jury of [...]cts where they arise, is one of the greatest securities of the li [...]s, liberties, and estates of the people.

14. That in all prosecutions for criminal offences, every man hath a right to be informed of the accusation against him, to be allowed counsel, to be confronted with the ac­cusers or witnesses, to examine evidence on oath in his fa­vour, [Page 105] and to a speedy trial, by an impartial jury, without whose unanimous consent he ought not to be found guilty.

15. That no man in the courts of common law ought to be compelled to give evidence against himself.

16. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted.

17. That all warrants without oath to search suspected places, or to seize any person or his property, are griev­ous and oppressive; and all general warrants to search sus­pected places, or to apprehend all persons suspected, with­out naming or describing the place or any person in spe­cial, are illegal, and ought not to be granted.

18. That a well regulated militia is the proper, natural, and safe defence of a free government.

19. That standing armies are dangerous to liberty, and ought not to be raised or kept up without the consent of the legislature.

20. That in all cases and at all times the military ought to be under strict subordination to, and governed by the civil power.

21. That no soldier ought to be quartered in any house in time of peace, without the consent of the owner; and in time of war in such manner only as the legislature shall direct.

22. That the independency and uprightness of judges are essential to the impartial administration of justice, and a great security to the rights and liberties of the people.

23. That the liberty of the press ought to be inviolably preserved.

The CONSTITUTION, or System of Government, agreed to and resolved upon by the Representatives in full CONVENTION of the Delaware State, formerly stiled, The Government of the Counties of Newcastle, Kent, and Sussex, upon Delaware; the said Representatives being chosen by the Freemen of the said State for that express Purpose.

1. THE government of the counties of Newcastle, Kent and Sussex, upon Delaware, shall hereafter in all public and other writings be called, The Delaware State.

2. The legislature shall be formed of two distinct branch­es: They shall meet once or oftener in every year, and shall be called, The General Assembly of Delaware.

3. One of the branches of the legislature shall b [...] [...], The House of Assembly, and shall consist of sever [...] [...] ­tatives to be chosen for each county annually▪ [...] [...] ­sons as are freeholders of the same.

4. The other branch shall be called, The [...], and consist of nine members; three to be chosen for each coun­ty at the time of the first election of the assembly, who shall be freeholders of the county for which they are cho­sen, and be upwards of twenty-five years of age. At the end of one year after the general election, the counsellor who had the smallest number of votes in each county shall be displaced, and the vacancies thereby occasioned suppli­ed by the freemen of each county choosing the same or another person at a new election in manner aforesaid. At the end of two years after the first general election, the counsellor who stood second in number of votes in each county shall be displaced, and the vacancies thereby oc­casioned [Page 107] supplied [...] a new election in manner aforesaid. And at the end of [...]ee years from the first general elec­tion, the counsellor who had the greatest number of votes in each county shall be displaced, and the vacancies there­by occasioned supplied by a new election in manner afore­said. And this rotatio [...] of a counsellor being displaced at the end of three years in each county, and his office sup­plied by a new choice shall be continued afterwards in due order annually forever, whereby, after the first general election, a counsellor will remain in trust for three years from the time of his being elected, and a counsellor will be displaced, and the same or another chosen in each county at every election.

5. The right of suffrage in the election of members for both houses shall remain as exercised by law at present; and each house shall choose its own speaker, appoint its own offices, judge of the qualifications and elections of its o [...]n numbers, settle its own rules of proceeding, and direct writs of election for supplying intermediate vacancies. They may also severally expel any of their own members for misbehaviour, but not a second time in the same ses­sions for the same offence, if re-elected; and they shall have all other powers necessary for the legislature of a free and independent state.

6. All money-bills for the support of government shall originate in the house of assembly, and may be altered, amended or rejected by the legislative council. All other bills and ordinances may take rise in the house of assem­bly or legislative council, and may be altered, amended or rejected by either.

7. A president or chief magistrate shall be chosen by joint ballot of both houses, to be taken in the house of assembly, and the box examined by the speakers of each house in the presence of the other members, and in case the numbers for the two highest in votes should be equal, then the speaker of the council shall have an additional casting voice, and the appointment of the person who has the majority of votes shall be entered at large on the minutes and journals of each house, and a copy thereof [Page 108] on parchment, certified and signed by the speakers re­spectively, and sealed with the great seal of the state, which they are hereby authorised to affix, shall be deli­vered to the person so chosen president, who shall conti­nue in that office three years, and until the sitting of the next general assembly and no longer, nor be eligible until the expiration of three years after he shall have been out of that office. An adequate but moderate salary shall be settled on him during his continuance in office. He may draw for such sums of money as shall be appropri­ated by the general assembly, and be accountable to them for the same; he may, by and with the advice of the privy council, lay embargoes or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the general assembly; he shall have the power of granting pardons or reprieves, except where the prosecu­tion shall be carried on by the house of assembly, or the law shall otherwise direct, in which cases no pardon or re­prieve shall be granted, but by a resolve of the house of assembly; and may exercise all the other executive powers of government, limited and restrained as by this consti­tution is mentioned, and according to the laws of the state. And on his death, inability, or absence from the state, the speaker of the legislative council for the time being shall be vice-president, and in case of his death, in­ability, or absence from the state, the speaker of the house of assembly shall have the powers of a president, until a new nomination is made by the general assembly.

8. A privy-council consisting of four members shall be chosen by ballot, two by the legislative council, and two by the house of assembly: Provided, that no regular offi­cer of the army or navy in the service and pay of the con­tinent, or of this, or of any other state shall be eligible. And a member of the legislative council or of the house of assembly being chosen of the privy-council, and accept­ing thereof, shall thereby lose his seat. Three members shall be a quorum, and their advice and proceedings shall be entered on record, and signed by the members present, (to any part of which any member may enter his dissent) [Page 109] to be laid before the general assembly, when called for by them. Two members shall be removed by ballot, one by the legislative council, and one by the house of assembly, at the end of two years, and those who remain the next year after, who shall severally be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections in the same manner. And this rotation of a privy-counsellor shall be continued afterwards in due order annually forever. The president may by summons convene the privy-council at any time when the public exigences may require, and at such place as he shall think most convenient, when and where they are to attend accordingly.

9. The president, with the advice and consent of the privy-council, may embody the militia, and act as captain-general and commander in chief of them, and the other mi­litary force of this state, under the laws of the same.

10. Either house of the general assembly may adjourn themselves respectively. The president shall not prorogue, adjourn, or dissolve the general assembly, but he may, with the advice of the privy-council, or on the application of a majority of either house, call them before the time to which they shall stand adjourned; and the two houses shall always sit at the same time and place, for which purpose immediately after every adjournment, the speaker of the house of assembly shall give notice to the speaker of the other house of the time to which the house of assembly stands adjourned.

11. The delegates for Delaware to the congress of the united states of America, shall be chosen annually, or super­seded in the mean time, by joint ballot of both houses in the general assembly.

12. The president and general assembly shall by joint bal­lot appoint three justices of the supreme court for the state, one of whom shall be chief-justice, and a judge of admiral­ty, and also four justices of the courts of common pleas and orphans courts for each county, one of whom in each court shall be stiled Chief Justice (and in case of division on the ballot, the president shall have an additional casting voice) to be commissioned by the president under the great seal, [Page 110] who shall continue in office during good behaviour; and during the time the justices of the said supreme court and courts of common pleas remain in office, they shall hold none other except in the militia; any one of the justices of either of said courts shall have power in case of the non-coming of his brethren, to open and adjourn the court. An adequate, fixed but moderate salary shall be settled on them during their continuance in office. The president and privy-council shall appoint the secretary, the attorney-general, registers for the probate of wills, and granting letters of administration, registers in chancery, clerks of the courts of common-pleas and orphans courts, and clerks of the peace, who shall be commissioned as aforesaid, and remain in office during five years, if they behave them­selves well; during which time the said registers in chan­cery and clerks shall not be justices of either of the said courts of which they are officers, but they shall have au­thority to sign all writs by them issued, and take recog­nizances of bail. The justices of the peace shall be nomi­nated by the house of assembly, that is to say, They shall name twenty-four persons for each county, of whom the president, with the approbation of the privy-council, shall appoint twelve, who shall be commissioned as afore­said, and continue in office during seven years, if they be­have themselves well; and in case of vacancies, or if the legislature shall think proper to increase the number, they shall be nominated and appointed in like manner. The members of the legislative and privy councils shall be jus­tices of the peace for the whole state, during their conti­nuance in trust; and the justices of the courts of common pleas shall be conservators of the peace in their respec­tive counties,

13. The justices of the courts of common pleas and or­phans courts shall have the power of holding inferior courts of chancery as heretofore, unless the legislature shall other­wise direct.

14. The clerks of the supreme court shall be appointed by the chief justice thereof, and the recorders of deeds by the justices of the courts of common pleas for each county [Page 111] severally, and commissioned by the president under the great seal, and continue in office five years, if they be­have themselves well.

15. The sheriffs and coroners of the respective counties shall be chosen annually as heretofore; and any person having served three years as sheriff, shall be ineligible for three years after; and the president and privy-council shall have the appointment of such of the two candidates returned for the said offices of sheriff and coroner, as they shall think best qualified, in the same manner that the go­vernor heretofore enjoyed this power.

16. The general assembly by joint ballot shall appoint the generals and field officers, and all other officers in the army or navy of this state. And the president may ap­point during pleasure, until otherwise directed by the le­gislature, all necessary civil officers not herein before men­tioned.

17. There shall be an appeal from the supreme court of Delaware in matters of law and equity, to a court of seven persons, to consist of the president for the time be­ing, who shall preside therein, and six others, to be ap­pointed, three by the legislative council, and three by the house of assembly, who shall continue in office during good behaviour, and be commissioned by the president un­der the great seal; which court shall be stiled, The Court of Appeals, and have all the authority and powers hereto­fore given by law in the last resort to the king in council, under the old government. The secretary shall be the clerk of this court, and vacancies therein occasioned by death or incapacity, shall be supplied by new elections in man­ner aforesaid.

18. The justices of the supreme court and courts of common-pleas, the members of the privy-council, the se­cretary, the trustees of the loan-office, and clerks of the courts of common-pleas, during their continuance in of­fice, and all persons concerned in any army or navy con­tracts, shall be ineligible to either house of assembly; and any member of either house accepting of any other of the offices herein before mentioned (excepting the office of a [Page 112] justice of the peace) shall have his seat thereby vacated, and a new election shall be ordered.

19, The legislative council and assembly shall have the power of making the great seal of this state, which shall be kept by the president, or in his absence by the vice-president, to be used by them as occasion may require. It shall be called, The Great Seal of the Delaware State, and shall be affixed to all laws and commissions.

20. Commissions shall run in the name of The Delaware State, and bear test by the president. Writs shall run in the same manner, and bear test in the name of the chief justice, or justice first named in the commissions for the several courts, and be sealed with the public seals of such courts. Indictments shall conclude, Against the peace and dignity of the state.

21. In case of vacancy of the offices above directed to be filled by the president and general assembly, the presi­dent and privy-council, may appoint others in their stead, until there shall be a new election.

22. Every person, who shall be chosen a member of either house, or appointed to any office or place of trust, before taking his seat, or entering upon the execution of his office, shall take the following oath, or affirmation if conscientiously scrupulous of taking an oath, to wit.

"I, A. B. will bear true allegiance to the Delaware state, submit to its constitution and laws, and do [...]o act wit­tingly whereby the freedom thereof may be prejudiced."

And also make and subscribe the following declarati­on, to wit.

"I, A. B. do profess saith in God the Father, and in Jesus Christ, his only Son, and the Holy Ghost, one God, blessed for evermore; and I do acknowledge the holy scriptures of the Old and New Testament to be gi­ven by divine inspiration."

And all officers shall also take an oath of office.

23. The president when he is out of office, and within eighteen months after, and all others, offending against the state, either by mal-administration, corruption, or other means, by which the safety of the commonwealth [Page 113] may be endangered, within eighteen months after the of­fence committed, shall be impeachable by the house of assembly before the legislative council: Such impeachment to be prosecuted by the attorney-general, or such other person or persons as the house of assembly may appoint, according to the laws of the land. If found guilty, he or they shall be either forever disabled to hold any office un­der government, or removed from office pro tempore, or subjected to such pains and penalties as the laws shall direct. And all officers shall be removed on conviction of misbe­haviour at common law, or on impeachment, or upon the address of the general assembly.

24. All acts of assembly in force in this state on the fifteenth day of May last (and not hereby altered, or contrary to the resolutions of congress, or of the late house of assembly of this state, shall so continue until altered or repealed by the legislature of this state, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.

25. The common law of England, as well as so much of the statute law as have been heretofore adopted in practice in this state, shall remain in force, unless they shall be al­tered by a future law of the legislature; such parts only excepted as are repugnant to the rights and privileges con­tained in this constitution and the declaration of rights, &c. agreed to by this convention.

26. No person hereafter imported into this state from Africa ought to be held in slavery under any pretence what­ever, and no negroe, indian, or mulatto slave, ought to be brought into this state for sale from any part of the world.

27. The first election for the general assembly of this state shall be held on the twenty-first day of October next, at the court houses in the several counties, in the manner heretofore used in the election of the assembly, except as to choice of inspectors and assessors, where assessors have not been chosen on the sixteenth day of September instant, which shall be made on the morning of the day of election, by the electors, inhabitants of the respective hundreds in each coun­ty. [Page 114] At which time the sheriffs and coroners for the said counties respectively are to be elected: And the present she­riffs of the counties of Newcastle and Kent, may be re-chosen to that office, until the first day of October in the year of our Lord one thousand seven hundred and seventy-nine, and the present sheriff for the county of Sussex may be re-chosen to that office until the first day of October in the year of our Lord one thousand seven hundred and seven­ty-eight, provided the freemen think proper to re-elect them at every general election; and the present sheriffs and coro­ners respectively shall continue to exercise their offices as heretofore, until the sheriffs and coroners to be elected on the said twenty-first day of October shall be commissioned and sworn into office. The members of the legislative coun­cil and assembly shall meet for transacting the business of the state on the twenty-eighth day of October next, and conti­nue in office until the first day of October which will be in the year one thousand seven hundred and seventy-seven; on which day, and on the first day of October in each year for­ever after, the legislative council, assembly, sheriffs and coroners, shall be chosen by ballot in manner directed by the several laws of this state, for regulating elections of mem­bers of assembly, and sheriffs and coroners; and the gene­ral assembly shall meet on the twentieth day of the same month, for transacting the business of the state; and if any of the said first and twentieth days of October should be Sunday, then, and in such case, the elections shall be held and the general assembly meet the next day following.

28. To prevent any violence or force being used at the said elections, no persons shall come armed to any of them; and no muster of the militia shall be made on that day, nor shall any battalion or company give in their votes immedi­ately succeeding each other, if any other voter who offers to vote objects thereto; nor shall any battalion or company in the pay of the continent, or of this or any other state, be suffered to remain at the time and place of holding the said elections, nor within one mile of the said places respec­tively, for twenty-four hours before the opening said elec­tions, nor within twenty-four hours after the same are closed, [Page 115] so as in any manner to impede the freely and conveniently carrying on the said election: Provided always, that every elector may in a peaceable and orderly manner give in his vote on the said day of election.

29. There shall be no establishment of any one religious sect in this state in preference to another; and no clergy­man or preacher of the gospel of any denomination shall be capable of holding any civil office in this state, or of being a member of either of the branches of the legislature, while they continue in the exercise of the pastoral function.

30. No article of the declaration of rights and fundamen­tal rules of this state, agreed to by this convention, nor the first, second, fifth, (except that part thereof that relates to the right of suffrage) twenty-sixth and twenty-ninth articles of this constitution, ought ever to be violated on any pre­tence whatever. No other part of this constitution shall be altered, changed or diminished, without the consent of five parts in seven of the assembly, and seven members of the legislative council.

Friday, September 20, 1776.

MARYLAND. A DECLARATION of RIGHTS, and the CONSTITU­TION and FORM of GOVERNMENT, agreed to by the Delegates of Maryland, in free and full CONVENTION assembled.

VIRGINIA. The CONSTITUTION or FORM of GOVERN­MENT, agreed to and resolved upon by the Delegates and Representatives of the several Counties and Corporations of Virginia; in a GENERAL CONVENTION held at Wil­liamsburgh, on the 6th of May, and continued by Adjourn­ments to the 5th of July, 1776.

WE, the delegates and representatives of the good peo­ple of Virginia, do declare the future form of go­vernment of Virginia to be as followeth:

The legislative, executive, and judiciary department, shall be separate and distinct, so that neither exercise the powers properly belonging to the other; nor shall any per­son exercise the powers of more than one of them at the same time, except that the justices of the county courts shall be eligible to either house of assembly.

The legislative shall be formed of two distinct branches, who, together, shall be a complete legislature. They shall meet once, or oftener, every year, and shall be called, The General Assembly of Virginia. One of these shall be called, The House of Delegates, and consist of two represen­tatives to be chosen for each county, and for the district of West-Augusta, annually, of such men as actually reside in and are freeholders of the same, or duly qualified ac­cording to law, and also of one delegate or representative to be chosen annually for the city of Williamsburgh, and one for the borough of Norfolk, and a representative for [Page 141] each of such other cities and buroughs as may hereafter be allowed particular representation by the legislature; but when any city or burough shall so decrease, as that the number of persons having right of suffrage therein, shall have been for the space of seven years successively, less than half the number of voters in some one county in Virginia, such city or borough thenceforward shall cease to send a delegate or representative to the assembly.

The other shall be called, The Senate, and consist of twenty-four members, of whom thirteen shall constitute a house to proceed on business, for whose election the different counties shall be divided into twenty-four districts, and each county of the respective district, at the time of the election of its delegates, shall vote for one senator, who is actually a resident and freeholder within the dis­trict, 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 farthest, after the last county elec­tion in the district, shall meet at some convenient place and from the poll so taken in their respective counties, re­turn as a senator the man who shall have the greatest number of votes in the whole district. To keep up this assembly by rotation, the districts shall be equally divided into four classes, and numbered by lot. At the end of one year after the general election, the six members elected by the first division shall be displaced, and the vacancies thereby occasioned supplied from such class or division. by new election in the manner aforesaid. This rotation shall be applied to each division according to its number, and continued in due order annually.

The right of suffrage in the election of members for both houses, shall remain as exercised at present, and each house shall choose its own speaker, appoint its own offi­cers, settle its own rules of proceeding, and direct writs of election for the supplying intermediate vacancies.

All laws shall originate in the house of delegates, to be approved of or readied by the senate, or to be amended with consent of the house of delegates; except money-bills, [Page 142] which in no instance shall be altered by the senate, but wholly approved or rejected.

A governor, or chief magistrate shall be chosen annu­ally, by joint ballot of both houses, to be taken in each house respectively, deposited in the conference room, the boxes examined jointly by a committee of each house, and the numbers severally reported to them, that the ap­pointments may be entered (which shall be the mode of tak­ing the joint ballot of both houses in all cases) who shall not continue in that (office longer than three years suc­cessively, nor be eligible until the expiration of four years after he shall have been out of that office. An adequate, but moderate salary shall be settled on him during his continuance in office; and he shall, with the advice of a council of state, exercise the executive powers of govern­ment, according to the laws of this commonwealth; and shall not, under any pretence, exercise any power or pre­rogative by virtue of any law, statute, or custom of Eng­land: But he shall, with the advice of the council of state, have the power of granting reprieves or pardons, except where the prosecution shall have been carried on by the house of delegates, or the law shall otherwise particularly direct; in which cases no reprieve or pardon shall be grant­ed, but by resolve of the house of delegates.

Either house of the general assembly may adjourn them­selves respectively. The governor shall not prorogue or adjourn the assembly during their sitting, nor dissolve them at any time; but he shall, if necessary, either by advice of the council of state, or on application of a majority of the house of delegates, call them before the time to which they shall stand prorogued or adjourned.

A privy council, or council of state, consisting of eight members shall be chosen by joint ballot of both houses of assembly, either from their own members or the people at large, to assist in the administration of government. They shall annually choose, out of their own members, a president, who, in case of death, inability, or absence of the governor from the government, shall act as lieutenant-governor. Four members shall be sufficient to act, and [Page 143] their advice and proceedings shall be entered on record, and signed by the members present, (to any part whereof any member may enter his dissent) to be laid before the gene­r [...]l assembly, when called for by them. This council may appoint their own clerk, who shall have a salary settled by law, and take an oath of secrecy in such matters as he shall be directed by the board to conceal. A sum of money ap­propriated to that purpose, shall be divided annually among the members, in proportion to their attendance; and they shall be incapable, during their continuance in office, of sit­ting in either house of assembly. Two members shall be removed by joint ballot of both houses of assembly, at the end of every three years, and be ineligible for the three next years. These vacancies, as well as those occasioned by death or incapacity, shall be supplied by new elections in the same manner.

The delegates for Virginia to the continental congress shall be chosen annually, or superseded in the mean time by joint ballot of both houses of assembly.

The present militia officers shall be continued, and va­cancies supplied by appointment of the governor, with the advice of the privy council, on recommendations from the respective county courts; but the governor and council shall have a power of suspending any officer, and ordering a court martial on complaint of misbehaviour or inability, or to sup­ply vacancies of officers happening when in actual service.

The governor may embody the militia, with the advice of the privy council; and, when embodied, shall alone have the direction of the militia under the laws of the country.

The two houses of assembly shall, by joint ballot, ap­point judges of the supreme court of appeals, and general court, judges in chancery, judges of admiralty, secretary, and the attorney-general, to be commissioned by the gover­nor, and continue in office during good behaviour. In case of death, incapacity, or resignation, the governor, with the advice of the privy-council, shall appoint persons to succeed in office, to be approved or displaced by both houses. These officers shall have fixed and adequate salaries, and, together [Page 144] with all others holding lucrative offices, and all ministers of the gospel of every denomination, be incapable of being elected members of either house of assembly, or the privy-council.

The governor, with the advice of the privy council, shall appoint justices of the peace for the counties; and in c [...]se of vacancies, or a necessity of increasing the number here­after, such appointments to be made upon the recommen­dation of the respective county courts. The present acting secretary in Virginia, and clerks of all the county courts, shall continue in office. In case of vacancies, either by death, incapacity, or resignation, a secretary shall be appoint­ed, as before directed, and the clerks by the respective courts. The present and future clerks shall hold their offi­ces during good behaviour, to be judged of and determined in the general court. The sheriffs and coroners shall be nominated by the respective courts, approved by the gover­nor with the advice of the privy-council, and commissioned by the governor. The justices shall appoint constables; and all fees of the aforesaid officers be regulated by law.

The governor, when he is out of office, and others of­fending against the state, either by mal-administration, cor­ruption, or other means, by which the safety of the state may be endangered, shall he impeachable by the house of delegates. Such impeachment to be prosecuted by the at­torney-general, or such other person or persons as the house may appoint, in the general court, according to the laws of the land. If found guilty, he or they shall be either for ever disabled to hold any office under government, or be removed from such office pro tempore, or subjected to such pains or penalties as the law shall direct.

If all or any of the judges of the general court should, on good grounds (to be judged of by the house of delegates) be accused of any of the crimes or offences above menti­oned, such house of delegates may in like manner impeach the judge or judges so accused, to be prosecuted in the court of appeals; and he or they, if found guilty, shall be punished in the same manner as is prescribed in the preceding clause.

Commissions and grants shall r [...]n, In the name of the com­monwealth [Page 145] of Virginia, and bear test by the governor, with the seal of the commonwealth annexed. Writs shall run in the same manner, and bear test by the clerks of the several courts. Indictments shall conclude, Against the peace and dignity of the commonwealth.

A treasurer shall be appointed annually, by joint ballot of both houses.

All escheats, penalties, and forfeitures, heretofore going to the king, shall go to the commonwealth, save only such as the legislature may abolish, or otherwise provide for.

The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South-Ca­rolina, are hereby ceded, released, and for ever confirmed to the people of these colonies respectively, with all the rights of property, jurisdiction and government, and all other rights whatsoever, which might at any time here­tofore have been claimed by Virginia, except the free navi­gation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia shores and strands border­ing on either of the said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall in all other respects stand as fixed by the charter of king James I. in the year one thousand six hundred and nine, and by the public treaty of peace between the courts of Britain and France, in the year one thousand seven hundred and sixty three; unless, by act of this legislature, one or more governments be established westward of the Allegheny mountains. And no purchases of lands shall be made of the indian natives but on behalf of the public, by authority of the general assembly.

NORTH-CAROLINA. The CONSTITUTION or FORM of GOVERN­MENT, agreed to and resolved upon, by the Representa­tives of the Freemen of the State of North-Carolina, elected and chosen for that particular Purpose, in CON­GRESS assembled, at Halifax, Dec. 18, 1776.

SOUTH-CAROLINA. An ACT for establishing the CONSTITUTION of the State of South-Carolina, passed the 19th day of March, 1778.

WHEREAS the constitution or form of government agreed to and resolved upon by the freemen of this country, met in congress the 26th day of March, 1776, was temporary only, and suited to the situation of their pub­lic affairs at that period, looking forward to an accomo­dation with Great-Britain, an event then desired: And whereas the united colonies of America have been since constituted independent states, and the political connexion heretofore subsisting between them and Great Britain entirely dissolved, by the declaration of the honourable the continen­tal congress, dated the 4th day of July 1776, for the ma­ny great and weighty reasons therein particularly set forth; it therefore becomes absolutely necessary to frame a consti­tution suitable to that great event: Be it therefore consti­tuted and enacted, by his excellency Rawlins Lowndes, Esq. president and commander in chief in and over the state of South-Carolina, by the honourable the legislative council and general assembly, and by the authority of the same, That the following articles agreed upon by the freemen of this state, now met in general assembly, be deemed and held the constitution and form of government of the said state, unless altered by the legislative authority there­of: which constitution or form of government shall im­mediately take place and be of force from the passing of [Page 159] this act, excepting such parts as are hereafter mentioned and specified.

1. That the stile of this country be hereafter, The State of South-Carolina.

2. That the legislative authority be vested in a general assembly, to consist of two distinct bodies, a senate and house of representatives; but, that the legislature of this state, as established by the constitution or form of govern­ment, passed the 26th of March 1776, shall continue and be in full force, until the 29th day of November next en­suing.

3. That as soon as may be after the first meeting of the senate and house of representatives, and at every first meeting of the senate and house of representatives there­after, to be elected by virtue of this constitution, they shall, jointly, in the house of representatives, choose by ballot, from among themselves or from the people at large, a governor and commander in chief, a lieutenant-governor, both to continue for two years, and a privy-council, all of the protestant religion; and till such choice shall be made, the former president, or governor and commander in chief, and vice-president, or lieutenant-governor, as the case may be, and privy-council, shall continue to act as such.

4. That a member of the senate or house of representa­tives, being chosen and acting as governor and comman­der in chief, or lieutenant-governor, shall vacate his seat, and another person shall be elected in his room.

5. That every person who shall be elected governor and commander in chief of the state, or lieutenant-governor, or a member of the privy-council, shall be qualified as fol­loweth, that is to say, The governor and lieutenant-go­vernor shall have been residents in this state for ten years, and the members of the privy-council five years, preced­ing their said election, and shall have in this state a settled plantation or freehold, in their and each of their own right, of the value of at least ten thousand pounds curren­cy, clear of debt; and on being elected, they shall respec­tively [Page 160] take an oath of qualification in the house of repre­sentatives.

6. That no future governor and commander in chief who shall serve for two years, shall be eligible to serve in the said office after the expiration of the said term, until the full end and term of four years,

7. That no person in this state shall hold the office of governor thereof, or lieutenant-governor, and any other office or commission, civil or military, (except in the mi­litia) either in this or any other state; or under the autho­rity of the continental congress, at one and the same time.

8. That in case of the impeachment of the governor and commander in chief, or his removal from office, death, resignation, or absence from the state, the lieutenant-go­vernor shall succeed to his office, and the privy-council shall choose, out of their own body, a lieutenant-governor of the state. And in case of the impeachment of the lieu­tenant-governor, or his removal from the office, death, resig­nation, or absence from the state, one of the privy-coun­cil, to be chosen by themselves, shall succeed to his office, until a nomination to those offices respectively, by the senate and house of representatives, for the remainder of the time for which the officer so impeached, removed from offi [...]e, dying, resigning, or being absent, was appointed.

9. That the privy-council shall consist of the lieutenant-governor for the time being, and eight other members, five of whom shall be a quorum, to be chosen as before directed, four to serve for two years, and four for one year, and at the expiration of one year, four others shall be cho­sen, in the room of the last four to serve for two years, and all future members of the privy council shall thence­forward be elected to serve for two years, whereby there will be a new election every year for half of the privy council, and a constant ro [...]ation established; but no mem­ber of the privy council, who shall serve for two years shall be eligible to serve therein after the expiration of the said term, until the full end and term of four years: Pro­vided always, that no officer of the army or navy, in the [Page 161] service of the continent or this state, nor judge of any of the courts of law shall be eligible; nor shall the father, son or brother of the governor for the time being, be elected in the privy council during his administration. A mem­ber of the senate or house of representatives, being chosen of the privy council, shall not thereby lose his seat in the senate or house of representatives, unless he be elected lieu­tenant governor, in which case he shall, and another person shall be chosen in his stead. The privy council is to advise the governor and commander in chief, when re­quired, but he shall not he bound to consult them unless directed by law. If a member of the privy-council shall die or depart the state, during the recess of the general as­sembly, the privy-council shall choose another to act in his room, until a nomination by the senate and house of representatives shall take place. The clerk of the privy-council shall keep a regular journal of all their proceedings, in which shall be entered the yeas and nays on every ques­tion, and the opinion, with the reasons at large, of any member who desires it; which journal shall be laid before the legislature, when required by either house.

10. That in case of the absence from the seat of govern­ment, or sickness of the governor and the lieutenant-go­vernor, any one of the privy-council may be empowered by the governor, under his hand and seal, to act in his room; but such appointment shall not vacate his seat in the senate, house of representatives, or privy-council.

11. That the executive authority be vested in the go­vernor and commander in chief, in manner herein men­tioned.

12. That each parish and district throughout this state, shall on the last Monday in November next, and the day fol­lowing, and on the same days of every second year thereaf­ter, elect, by ballot, one member of the senate; except the district of St. Philip and St. Michael's parishes, Charles­town, which shall elect two members, and except also the district between Broad and Saludy rivers, in three divisions, viz. the lower district, little river district, and upper or spar­tan district, each of which said divisions shall elect one mem­ber; [Page 162] and except the parishes of St. Matthew and Orange, which shall elect one member; and also except the parishes of Prince George and All Saints, which shall elect one mem­ber. And the election of senators for such parishes respec­tively, shall, until otherwise altered by the legislature, be at the parish of Prince George, for the said parish and the pa­rish of All Saints, and at the parish of St. Matthew for that parish and the parish of Orange; to meet on the first Mon­day in January then next, at the seat of government, unless the casualties of war or contagious disorders should render it unsafe to meet there; in which case the governor and com­mander in chief for the time being, may, by proclamation, with the advice and consent of the privy-council, appoint a more secure and convenient place of meeting; and to con­tinue for two years, from the said last Monday in Novem­ber; and that no person shall be eligible to a seat in the said senate, unless he be of the Protestant religion, and hath at­tained the age of thirty years, and hath been a resident in this state at least five years. Not less than thirteen members shall be a quorum to do business, but the president or any three members may adjourn from day to day. No person who resides in the parish or district for which he is elected, shall take his seat in the senate, unless he possesses a settled estate and freehold, in his own right, in the said parish or district, of the value of two thousand pounds currency at least, clear of debt; and no non-resident shall be eligible to a seat in the said senate, unless he is owner of a settled es­tate and freehold, in his own right, in the parish or district where he is elected, of the value of seven thousand pounds currency at least, also clear of debt.

13. That on the last Monday in November next, and the day following, and on the same days of every second year thereafter, members of the house of representatives shall be chosen, to meet on the first Monday in January then next, at the seat of government, unless the casualities of war or contagious disorders should render it unsafe to meet there, in which case the governor and commander in chief for the time being, may by proclamation, with the advice and consent of the privy council, appoint a more secure and convenient [Page 163] place of meeting; and to continue for two years from the said last Monday in November. Each parish and district within this state, shall send members to the general assem­bly in the following proportions, that is to say,

• The parish of St. Philip and St. Michael, Charlestown, thirty members.
• The parish of Christ-Church, six members.
• The parish of St. John, in Berkley county, six members.
• The parish of St. Andrew, six members.
• The parish of St. George, Dorchester, six members.
• The parish of St. James, Goose-creek, six members.
• The parish of St. Thomas and St. De [...]nis, six members.
• The parish of St. Paul, six member.
• The parish of St. Bartholomew, six members.
• The parish of St. Helena, six members.
• The parish of St. James, Santee, six members.
• The parish of Prince George, Winyah, four members.
• The parish of All Saints, two members.
• The parish of Prince Frederick, six members.
• The parish of St. John, in Colleton county, six members.
• The parish of St. Peter, six members
• The parish of prince William, six members.
• The parish of St. Stephen, six members.
• The district to the eastward of Wateree river, ten mem­bers.
• The district of Ninety-Six, ten members.
• The district of Saxe-Gotha, six members.
• The district between Broad and Saludy rivers, in three di­visions, viz.
  • The Lower district, four members.
  • The Little River district, four members.
  • The Upper or Spartan district, four members.
• The district between Broad and Catawba rivers, ten members.
• The district called the New Acquisition, ten members.
• The parish of St. Matthew, three members.
• The parish of Orange, three members.
• The parish of St. David, six members.
• [Page 164]The district between Savannah river, and the north fork of Edisto, six members.

And the election of the said members shall be conducted, as near as may be, agreeable to the directions of the present or any future election act or acts. And where there are no churches or churchwardens in a district or parish, the house of representatives, at some convenient time before their ex­piration, shall appoint places of election, and persons to receive votes and make returns. The qualification of elec­tors shall be, that every free white man, and no other per­son, who acknowledges the being of a God, and believes in a future state of rewards and punishments, and who has at­tained to the age of one and twenty years, and hath been a resident and an inhabitant in this state for the space of one whole year, before the day appointed for the election he of­fers to give his vote at, and hath a freehold at least of fifty acres of land, or a town lot, and hath been legally seized and possessed of the same, at least six months previous to such election, or hath paid a tax the preceding year, or was tax­able the present year, at least six months previous to the said election, in a sum equal to the tax on fifty acres of land, to the support of this government, shall be deemed a person qualified to vote for, and shall be capable of electing a representative or representatives, to serve as a member or members in the senate, and house of representatives, for the parish or district where he actually is a resident, or in any other parish or district, in this state, where he hath the like freehold. Electors shall take an oath or affirmation of qua­lification, if required by the returning officer. No person shall be eligible to sit in the house of representatives, unless he be of the Protestant religion, and hath been a resident in this state for three years, previous to his election. The qualification of the elected, if residents in the parish or district for which they shall be returned, shall be the same as mentioned in the election act, and construed to mean clear of debt. But no non-resident shall be eligible to a seat in the house of representatives, unless he is owner of a settled estate and freehold, in his own right, of the value of three thousand and [Page 165] five hundred pounds currency at least, clear of debt, in the parish or district for which he is elected.

14. That if any parish or district neglects or refuses to elect members; or if the members chosen do not meet in general assembly; those who do meet shall have the powers of the general assembly. Not less than sixty-nine members shall make a house of representatives to do business; but the speaker, or any seven members may adjourn from day to day.

15. That at the expiration of seven years after the pas­sing of this constitution, and at the end of every fourteen years thereafter, the representation of the whole state shall be proportioned in the most equal and just manner, accord­ing to the particular and comparative strength, and tax­able property, of the different parts of the same; regard being always had to the number of white inhabitants, and such taxable property.

16. That all money-bills for the support of government, shall originate in the house of representatives, and shall not be altered or amended by the senate, but may be rejected by them: And that no money be drawn out of the pub­lic treasury, but by the legislative authority of the state. All other bills and ordinances may take rise in the senate or house of representatives, and be altered, amended, or rejected by either. Acts and ordinances having passed the general assembly, shall have the great seal affixed to them, by a joint committee of both houses, who shall wait upon the governor to receive and return the seal; and shall then he signed by the president of the senate, and speaker of the house of representatives, in the senate house, and shall thenceforth have the force and validity of a law, and be lodged in the secretary's office. And the senate and house of representatives respectively, shall enjoy all other privi­leges which have at any time been claimed, or exercised by the commons house of assembly.

17. That neither the senate nor house of representatives shall have power to adjourn themselves for any longer time than three days, without the mutual consent of both. The governor and commander in chief shall have no power to [Page 166] adjourn, prorogue, or dissolve them: But may, if neces­sary, by and with the advice and consent of the privy-council convene them, before the time to which they shall stand adjourned. And where a bill hath been rejected by either house, it shall not be brought in again that session, without leave of the house, and a notice of six days being previously given.

18. That the senate and house of representatives shall each chuse their respective officers by ballot, without con­troul. And that, during a recess, the president of the se­nate, and speaker of the house of representatives, shall issue writs for filling up vacancies, occasioned by death in their respective houses, giving at least three weeks, and not more than thirty-five days previous notice, of the time appointed for the election.

19. That if any parish or district shall neglect to elect a member or members, on the day of election; or in case any person chosen a member of either house, shall refuse to qualify and take his seat as such, or die, or depart the state; the senate or house of representatives, as the case may be, shall appoint proper days for electing a member or members, in such cases respectively.

20. That if any member of the senate or house of re­presentatives, shall accept any place of emolument, or any commission (except in the militia, or commission of the peace) and except as is excepted in the tenth article, he shall vacate his seat, and there shall thereupon be a new election; but he shall not be disqualified from serving, upon being re-elected, unless he is appointed secretary of the state, a commissioner of the treasury, an officer of the customs, register of mesne conveyances, a clerk of either of the courts of justice, sheriff, powder-receiver, clerk of the senate, house of representatives, or privy council, sur­veyor-general, or commissary of military stores; which officers are hereby declared disqualified from being mem­bers either of the senate or house of representatives.

21. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God, and the care of souls, and ought not to be di [...]e [...]ted from the great [Page 167] duties of their function; theref [...], no minister of the gos­pel, or public preacher, of any religious persuasion, while he continues in the exercise of his pastoral function, and for two years after, shall be eligible either as governor, lieutenant-governor, a member of the senate, house of re­presentatives, or privy council in this state.

22. That the delegates to represent this state in the congress of the united states, be chosen annually, by the senate and house of representatives, jointly by ballot, in the house of representatives. And nothing contained in this constitution, shall be construed to extend to vacate the seat of any member, who is or may be a delegate from this state to congress, as such.

23. That the form of impeaching all officers of the state, formal and corrupt conduct in their respective offices, not amenable to any other jurisdiction, be vested in the house of representatives: But, that it shall always be necessary, that two-third parts of the members present do consent to, and agree in, such impeachment. That the senators and such of the judges of this state, as are not members of the house of representatives, be a court for the trial of impeachments, under such regulations as the legislature shall establish: And that, previous to the trial of every impeachment, the members of the said court shall respec­tively be sworn, truly and impartially to try and determine the charge in question, according to evidence. And no judgment of the said court, except judgment of acquittal, shall be valid, unless it shall be assented to by two-third parts of the members then present. And on every trial, as well on im­peachments as others, the party accused shall be allowed counsel.

24. That the lieutenant-governor of the state, and a ma­jority of the privy-council, for the time being, shall, until otherwise altered by the legislature, exercise the powers of a court of chancery. And there shall be ordinance appoint­ed in the several districts in the state, to be chosen by the senate and house of representatives jointly, by ballot, in the house of representatives, who shall, within their respective districts, exercise the powers heretofore exercised by the ordinary: And until such appointment is made, the present [Page 168] ordinary, in Charlestown, shall continue to exercise that office as heretofore.

25. That the jurisdiction of the court of admiralty be con­fined to maritime causes.

26. That justices of the peace shall be nominated by the senate and house of representatives, jointly, and commissi­oned by the governor and commander in chief, during plea­sure. They shall be intitled to receive the fees heretofore established by law; and not acting in the magistracy, they shall not be intitled to the privileges allowed to them by law.

27. That all other judicial officers shall be chosen b [...] bal­lot, jointly, by the senate and house of representatives, and, except the judges of the court of chancery, commissioned by the governor and commander in chief during good beha­viour; but shall be removed on address of the senate and house of representatives.

28. That the sheriffs, qualified as by law directed, shall be chosen in like manner, by the senate and house of represen­tatives, when the governor, lieutenant governor, and pri­vy council are chosen, and commissioned by the governor and commander in chief for two years, and shall give secu­rity, as required by law, before they enter on the executi­on of their office. No sheriff who shall have served for two years, shall be eligible to serve in the said office, after the expiration of the said term, until the full end and term of four years, but shall continue in office until such choice be made: Nor shall any person be eligible as sheriff, in any district, unless he shall have resided therein for two years, previous to the election.

29. That two commissioners of the treasury, the secreta­ry of the state, the registers of mesne conveyances in each district attorney general, surveyor general, powder receiver, collectors and comptrollers of the customs, and waiters, be chosen in like manner, by the senate, and house of representatives, jointly, by ballot, in the house of repre­sentatives, and commissioned by the governor and command­er in chief, for two years. That none of the said o [...]fi­cers respectively, who shall have served for four years, shall be eligible to serve in the said offices, after the expiration of [Page 169] the said term, until the full end and term of four years, but shall continue in office until a new choice be made: Provid­ed, that nothing herein contained, shall extend to the several persons appointed to the above offices respectively, under the late constitution. And that the present, and all future commissioners of the treasury, and powder receivers, shall each give bond, with approved security, agreeable to law.

30. That all the officers in the army and navy of this state, of and above the rank of captain, shall be chosen by the se­nate and house of representatives, jointly, by ballot, in the house of representatives, and commissioned by the governor and commander in chief; and that all other officers in the army and navy of this state, shall be commissioned by the governor and commander in chief.

31. That in case of vacancy, in any of the offices above directed to be filled by the senate and house of representa­tives, the governor and commander in chief, with the ad­vice and consent of the privy council, may appoint others in their stead, until there shall be an election by the senate and house of representatives to fill those vacancies respec­tively.

32. That the governor and commander in chief, with the advice and consent of the privy council, may appoint, dur­ing pleasure, until otherwise directed by law, all other ne­cessary officers, except such as are now by law directed to be otherwise chosen.

33. That the governor and commander in chief shall have no power to commence war, or conclude peace, or enter into any final treaty, without the consent of the se­nate and house of representatives.

34. That the resolutions of the late congresses of this state, and all laws now of force here (and not hereby altered) shall so continue, until altered or repealed by the legislature of this state, unless where they are temporary, in which case they shall expire, at the times respectively limited for their duration.

35. That the governor and commander in chief for the time being, by and with the advice and consent of the privy council, may lay embargoes, or prohibit the exportation of [Page 170] any commodity, for any time, not exceeding thirty days, in the recess of the general assembly.

36. That all persons who shall be chosen and appointed to any office, or to any place of trust, civil or military, be­fore entering upon the execution of office, shall take the following oath:

"I, A. B. do acknowledge the state of South-Carolina to be a free, independant, and sovereign state, and that the peo­ple thereof owe no allegiance or obedience to George the Third, king of Great Britain: And I do renounce, refuse, and abjure, any allegiance or obedience to him: And I do swear or affirm (as the case may be) that I will, to the ut­most of my power, support, maintain and defend the said state, against the said king George the Third, and his heirs and successors, and his or their abettors, assistants, and ad­herents, and will serve the said state in the office of with fidelity and honour, and according to the best of my skill and understanding. So help me God."

37. That adequate yearly salaries be allowed to the pub­lic officers of this state, and be fixed by law.

38. That all persons and religious societies, who acknow­ledge that there is one God, and a future state of rewards and punishments, and that God is publicly to be worship­ped, shall be freely tolerated. The christian Protestant re­ligion shall be deemed, and is hereby constituted and declar­ed to be the established religion of this state. That all de­nominations of christian Protestants in this state, demeaning themselves peaceably and faithfully, shall enjoy equal religi­ous and civil privileges. To accomplish this desireable pur­pose, without injury to the religious property of those so­cieties of christians, which are by law already incorporated, for the purpose of religious worship: and to put it fully into the power of every other society of christian Protestants, either already formed, or hereafter to be formed, to obtain the like incorporation, it is hereby constituted, appointed, and de­clared, That the respective societies of the church of Eng­land, that are already formed in this state, for the purposes of religious worship, shall still continue incorporate, and hold the religious property now in their possession. And [Page 171] that, whenever fifteen or more male persons, not under twenty-one years of age, professing the christian Protes­tant religion, and agreeing to unite themselves in a soci­ety, for the purposes of religious worship, they shall (on complying with the terms hereinafter mentioned) be, and be constituted, a church, and be esteemed and regarded in law, as of the established religion of the state, and on a petition to the legislature, shall be entitled to be incor­porated, and to enjoy equal privileges. That every soci­ety of christians, so formed, shall give themselves a name or denomination, by which they shall be called and known in law; and all that associate with them for the purposes of worship, shall be esteemed as belonging to the society so called: But that, previous to the establishment and in­corporation of the respective societies of every denomina­tion as aforesaid, and in order to intitle them thereto, each society so petitioning, shall have agreed to, and subscribed, in a book, the following five articles, without which, no agreement or union of men, upon pretence of religion, shall intitle them to be incorporated, and esteemed as a church of the established religion of this state:

First, That there is one eternal God, and a future state of rewards and punishments.

Second, That God is publicly to be worshipped.

Third, That the christian religion is the true religion.

Fourth, That the holy Scriptures of the Old and New Testament, are of divine inspiration, and are the rule of faith and practice.

Fifth, That it is lawful, and the duty of every man, being thereunto called by those that govern, to bear wit­ness to truth.

That every inhabitant of this state, when called to make an appeal to God, as a witness to truth, shall be permit­ted to do it in that way which is most agreeable to the dictates of his own conscience. And, that the people of this state may for ever enjoy the right of electing their own pastors or clergy; and, at the same time, that the state may have sufficient security for the due discharge of the pastoral office, by those who shall be admitted to be clergy­men, [Page 172] no person shall officiate as minister of any established church, who shall not have been chosen by a majority of the society to which he shall minister, or by persons ap­pointed by the said majority to choose and procure a mi­nister for them, nor until the minister so chosen and ap­pointed, shall have made and subscribed the following de­claration, over and above the aforesaid five articles, viz.

"That he is determined, by God's grace, out of the holy scriptures, to instruct the people committed to his charge, and to teach nothing (as required of necessity to eternal salvation) but that which he shall be persuaded may be concluded and proved from the scripture; that he will use both public and private admonitions, as well to the sick as to the whole, within his cure, as need shall re­quire, and occasion shall be given; and that he will be diligent in prayers, and in reading of the holy Scriptures, and in such studies as help to the knowledge of the same; that he will be diligent to frame and fashion his own self, and his family, according to the doctrine of Christ, and to make both himself and them, as much as in him lieth, wholesome examples and patterns to the flock of Christ; that he will maintain and set forwards, as much as he can, quietness, peace, and love, among all people, and especially among those that are or shall be committed to his charge."

No person shall disturb or molest any religious assembly, nor shall use any reproachful, reviling, or abusive language, against any church; that being the certain way of disturb­ing the peace, and of hindering the conversion of any to the truth, by engaging them in quarrels and animosities, to the hatred of the professors, and that profession which otherwise they might be brought to assent to. No person whatsoever, shall speak any thing, in their religious as­sembly, irreverently or seditiously of the government of this state. No person shall, by law, be obliged to pay towards the maintenance and support of a religious wor­ship that he does not freely join in, or has not volunta­rily engaged to support: But the churches, chapels, par­sonages, glebes, and all other property, now belonging to [Page 173] any societies of the church of England, or any other reli­gious societies, shall remain, and be secured to them for ever. The poor shall be supported, and elections manag­ed, in the accustomed manner, until laws shall be pro­vided, to adjust those matters in the most equitable way.

39. That the whole state shall, as soon as proper laws can be passed for those purposes, be divided into districts and counties, and county courts established.

40. That the penal laws, as heretofore used, shall be reformed, and punishments made, in some cases, less san­guinary, and, in general, more proportionate to the crime.

41. That no freeman of this state be taken, or impri­soned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judg­ment of his peers, or by the law of the land.

42. That the military be subordinate to the civil power of the state.

43. That the liberty of the press be inviolably preserved.

44. That no part of this constitution shall be altered without a notice of ninety days being previously given; nor shall any part of the same be changed without the con­sent of a majority of the members of the senate and house of representatives.

45. That the senate and house of representatives, shall not proceed to the election of a governor or lieutenant-governor, until there be a majority of both houses present.

In the GENERAL ASSEMBLY, the 19th Day of March, 1778.

GEORGIA. The CONSTITUTION of the State of Georgia, unanimously agreed to, in CONVENTION, the 5th of Feb­ruary, 1777.

WHEREAS the conduct of the legislature of Great-Britain for many years past, has been so oppressive on the people of America, that of late years, they have plainly declared, and asserted a right to raise taxes upon the people of America, and to make laws to bind them in all cases whatsoever, without their consent; which con­duct being repugnant to the common rights of mankind, hath obliged the Americans, as freemen to oppose such oppressive measures, and to assert the rights and privileges they are intitled to, by the laws of nature and reason; and accordingly it hath been done by the general consent of all the people of the states of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connecticut, New-York, New-Jersey, Pennsylvania, the counties of Newcastle, Kent, and Sus­sex on Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, given by their representa­tives met together in general congress in the city of Phila­delphia.

And whereas it hath been recommended by the said Con­gress on the fifteenth of May last, to the respective assem­blies and conventions of the united states, where no go­vernment, sufficient to the exigencies of their affairs, hath been hitherto established, to adopt such government, as may, in the opinion of the representatives of the people, [Page 175] best conduce to the happiness and safety of their constitu­ents in particular, and America in general.

And whereas the independence of the united states of America has been also declared, on the fourth day of July, one thousand seven hundred and seventy-six, by the said honourable congress, and all political connection between them and the crown of Great-Britain, is in consequence thereof dissolved.

We, therefore, the representatives of the people, from whom all power originates, and for whose benefit all go­vernment is intended, by virtue of the power delegated to us, do ordain and declare, and it is hereby ordained and declared, that the following rules and regulations be adopted for the future government of this state.

1. The legislative, executive, and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other.

2. The legislature of this state shall be composed of the representatives of the people, as is herein after pointed out: And the representatives shall be elected yearly, and every year, on the first Tuesday in December; and the representatives so elected, shall meet the first Tuesday in January following, at Savannah, or any other place or places, where the house of assembly for the time being shall direct.

On the first day of the meeting of the representatives so chosen, they shall proceed to the choice of a governor, who shall be stiled, Honourable; and of an executive coun­cil, by ballot out of their own body; viz. two from each county, except those counties which are not yet entitled to send ten members. One of each county shall always attend where the governor resides, by monthly rotation, unless the members of each county agree for a longer or shorter period; this is not intended to exclude either mem­ber attending: The remaining number of representatives shall be called The House of Assembly; and the majority of the members of the said house shall have power to proceed on business.

3. It shall be an unalterable rule, that the house of [Page 176] assembly shall expire, and be at an end yearly and every year, on the day preceding the day of election, mentioned in the foregoing rule.

4. The representation shall be divided in the following manner: Ten members for each county, as is herein after directed, excepting the county of Liberty, which contains three parishes, and that shall be allowed fourteen.

The ceded lands, north of Ogeechie shall be one coun­ty, and known by the name of Wilkes.

The parish of St. Paul shall be another county, and known by the name of Richmond.

The parish of St. George shall be another county, and known by the name of Burke.

The parish of St. Matthew, and the upper part of St. Philip, above Canouchie, shall be another county, and known by the name of Effingham.

The parish of Christ-Church, and the lower part of St. Philip, below Canouchie, shall be another county, and known by the name of Chatham.

The parishes of St. John, St. Andrew, and St. James, shall be another county, and known by the name of Li­berty.

The parishes of St. David and St. Patrick shall be ano­ther county, and known by the name of Glyn.

The parishes of St. Thomas and St. Mary shall be ano­ther county, and known by the name of Camden.

The port and town of Savannah shall be allowed four members to represent their trade.

The port and town of Sunbu [...]y shall be allowed two members to represent their tr [...]e

5. The two counties of Glyn. and Camden shall have one representative each, and also they, and all other coun­ties that may hereafter be laid out by the house of assem­bly, shall be under the following regulations, viz. at their first institution, each county shall have one member, pro­vided the inhabitants of said county shall have ten electors; and if thirty, they thall have two; if forty, three; if sixty, four; if eighty, six; if an hundred and upwards, ten; at [Page 177] which time two executive counsellors shall be chosen from them, as is directed for the other counties.

6. The representatives shall be chosen out of the resi­dents in each county, who shall have resided, at least twelve months in this state, and three months in the coun­ty where they shall be elected; except the freeholders of the counties of Glyn and Camden, who are in a state of alarm, and who shall have the liberty of choosing one member each, as specified in the articles of this constitu­tion, in any other county, until they have residents suf­ficient to qualify them for more: And they shall be of the Protestant religion, and of the age of twenty-one years, and shall be possessed in their own right of two hundred and fifty acres of land, or some property to the amount of two hundred and fifty pounds.

7. The house of assembly shall power to make such laws and regulations, as may be conducive to the good order and well being of the state; provided such laws and regu­lations be not repugnant to the true intent and meaning of any rule or regulation, contained in this constitution.

The house of assembly shall also have power to repeal all laws, and ordinances, they find injurious to the people: And the house shall chuse its own speaker, appoint its own officers, settle its own rules of proceeding, and direct writs of election, for supplying intermediate vacancies; and shall have power of adjournment to any time, or times within the year.

8. All laws and ordinances shall be three times read, and each reading shall be on different and separate days, ex­cept in cases of great necessity and danger; and all laws and ordinances shall be sent to the executive council, after the second reading, for their perusal and advice.

9. All male white inhabitants, of the age of twenty-one years, and possessed, in his own right, of ten pounds va­lue, and liable to pay tax in this state, or being of any me­chanic trade, and shall have been a resident six months in this state, shall have a right to vote at all elections for re­presentatives, or any other officers, herein agreed to be chosen by the people at large; and every person having a [Page 178] right to vote at any election, shall vote by ballot per­sonally.

10. No officer whatever shall serve any process, or give any other hindrance to any person intitled to vote, either in going to the place of election, or during the time of the said election, or on their returning home from such elec­tion; nor shall any military officer, or soldier, appear at any election in a military character, to the intent that all elections may be free and open.

11. No person shall be entitled to more than one vote, which shall be given in the county where such person re­sides, except as before excepted; nor shall any person, who holds any title of nobility, be entitled to a vote, or be capable of serving as a representative, or hold any post of honour, profit or trust, in this state, whilst such person claims his title of nobility; but if the person shall give up such distinction, in the manner as may be directed by any future legislature, then, and in such case, he shall be en­titled to a vote, and represent, as before directed; and en­joy all the other benefits of a free citizen

12. Every person absenting himself from an election, and shall neglect to give in his, or their ballot, at such election, shall be subject to a penalty not exceeding five pounds; the mode of recovery, and also the appropriation thereof, to be pointed out, and directed by act of the legislature; provided nevertheless, that a reasonable excuse shall be admitted.

13. The manner of electing representatives shall be by ballot, and shall be taken by two or more justices of the peace, in each county, who shall provide a convenient box for receiving the said ballots; and on closing the poll, the ballots shall be compared in public, with the lists of voters, that have been taken, and the majority immediately declar­ed; a certificate of the same being given to the persons elec­ted, and also a certificate returned to the house of represen­tatives.

14. Every person intitled to vote shall take the following oath or affirmation, if required, viz.

"I, A. B. do voluntarily and solemnly swear, (or affirm, as the case may be) that I do owe true allegiance to this [Page 179] state, and will support the constitution thereof. So help me God."

15. Any five of the representatives elected, as before directed, being met, shall have power to administer the following oath, to each other; and they or any other mem­ber, being so sworn, shall in the house administer the oath, to all other members that attend, in order to qualify them to take their seats, viz.

"I, A. B. do solemnly swear, that I will bear true al­legiance to the state of Georgia, and will truly perform the trust reposed in me; and that I will execute the same to the best of my knowledge, for the benefit of this state, and the support of the constitution thereof; and that I have obtained my election, without fraud or bribe what­ever. So help me God."

16. The continental delegates shall be appointed annu­ally by ballot, and shall have a right to sit, debate and vote, in the house of assembly, and be deemed a part thereof; subject however to the regulations contained in the twelfth article of the confederation of the united states.

17. No person bearing any post of profit under this state, or any person bearing any military commission, under this or any other state, or states, except officers of the militia, shall be elected a representative. And if any representa­tive shall be appointed to any place of profit, or military commission, which he shall accept, his seat shall immedi­ately become vacant, and he shall be incapable of re-elec­tion, whilst holding such office.

By this article it is not to be understood, that the office of a justice of the peace is a post of profit.

18. No person shall hold more than one office of profit, under this state, at one and the same time.

19. The governor shall, with the advice of the exe­cutive council, exercise the executive powers of govern­ment, according to the laws of this state, and the consti­tution thereof; save only in the case of pardons, and re­mission of fines, which he shall in no instance grant; but he may reprieve a criminal, or suspend a fine, until the [Page 180] meeting of the assembly, who may determine therein, as they shall judge fit.

20. The governor, with the advice of the executive council, shall have power to call the house of assembly together, upon any emergency, before the time which they stand adjourned to.

21. The governor, with the advice of the executive council, shall fill up all intermediate vacancies, that shall happen in offices, till the next general election: And all commissions civil and military shall be issued by the gover­nor, under his hand, and the great seal of the state.

22. The governor may preside in the executive council at all times, except when they are taking into considera­tion, and perusing the laws and ordinances, offered to them by the house of assembly.

23. The governor shall be chosen annually by ballot, and shall not be eligible to the said office, for more than one year out of three, nor shall he hold any military com­mission, under any other state or states.

The governor shall reside at such place as the house of assembly for the time being shall appoint.

24. The governor's oath.

"I, A. B. elected governor of the state of Georgia, by the representatives thereof, do solemnly promise and swear, that I will, during the term of my appointment, to the best of my skill and judgment, execute the said office faith­fully, and conscientiously, according to law, without fa­vour, affection, or partiality; that I will, to the utmost of my power, support, maintain, and defend the state of Georgia, and the constitution of the same; and use my utmost endeavours to protect the people thereof, in the secure enjoyment of all their rights, franchises and privi­leges; and that the laws and ordinances of the state be du­ly observed, and that law and justice in mercy be execut­ed in all judgments. And I do further solemnly promise and swear, that I will peaceably and quietly resign the government to which I have been elected, at the period to which my continuance in the said office is limited by the constitution: And lastly, I do also solemnly swear, that I [Page 181] have not accepted of the government, whereunto I am elec­ted, contrary to the articles of this constitution. So help me God."

This oath to be administered to him by the speaker of the assembly.

The same oath to be administered by the speaker to the president of the council.

No person shall be eligible to the office of governor, who has not resided three years in this state.

25. The executive council shall meet the day after their election, and proceed to the choice of a president out of their own body; they shall have power to appoint their own officers, and settle their own rules of proceedings.

The council shall always vote by counties, and not in­dividually.

26. Every counsellor, being present, shall have power of entering his protest against any measures in council, he has not consented to; provided he does it within three days.

27. During the sitting of the assembly, the whole of the executive council shall attend, unless prevented by sick­ness, or some other urgent necessity; and in that case, a majority of the council shall make a board, to examine the laws and ordinances sent them by the house of assembly; and all laws and ordinances sent to the council, shall be re­turned in five days after, with their remarks thereon.

28. A committee from the council sent with any pro­posed amendments to any law, or ordinance, shall deliver their reasons for such proposed amendments, sitting and co­vered; the whole house at that time, except the speaker, uncovered.

29. The president of the executive council, in the absence or sickness of the governor, shall exercise all the powers of the governor.

30. When any affair that requires secresy shall be laid before the governor, and the executive council, it shall be the duty of the governor, and he is hereby obliged to admi­nister the following oath, viz.

[Page 182]"I, A. B. do solemnly swear, that any business that shall be at this time communicated to the council, I will not, in any manner whatever, either by speaking, writing, or otherwise reveal the same, to any person whatever, until leave given by the council, or when called upon by the house of assembly; and all this I swear without any reser­vation whatever. So help me God."

And the same oath shall be administered to the secretary, and other officers, necessary to carry the business into exe­cution.

31. The executive power shall exist, till renewed, as point­ed out by the rules of this constitution.

32. In all transactions between the legislative and execu­tive bodies, the same shall be communicated by message, to be delivered from the legislative body to the governor, or executive council, by a committee; and from the governor to the house of assembly, by the secretary of the council, and from the executive council, by a committee of the said council.

33. The governor, for the time being, shall be captain-general, and commander in chief, over all the militia, and other military and naval forces belonging to this state.

34. All militia commissions shall specify, that the person commissioned shall continue during good behaviour.

35. Every county in this state, that has, or hereafter may have, two hundred and fifty men, and upwards, liable to bear arms, shall be formed into a battalion, and when they become too numerous for one battalion, they shall be form­ed into more, by bill of the legislature; and those counties that have a less number than two hundred and fifty, shall be formed into independent companies.

36. There shall be established in each county a court, to be called a superior court, to be held twice in each year, on the first Tuesday in March, in the county of Chatham.

The second Tuesday in March, in the county of Effing­ham.

The third Tuesday in March, in the county of Burke.

The fourth Tuesday in March, in the county of Rich­mond.

[Page 183]The next Tuesday in the county of Wilkes.

And Tuesday fortnight, in the county of Liberty.

The next Tuesday in the county of Glyn.

The next Tuesday, in the county of Camden.

The like courts to commence in October, and continue as above.

37. All causes and matters of dispute, between any par­ties, residing in the same county, to be tried within the county.

38. All matters in dispute between contending parties, residing in different counties, shall be tried in the county where the defendent resides; except in cases of real estates, which shall be tried in the county where such real estate lies.

39. All matters of breach of the peace, felony, murder, and treason against the state, to be tried in the county, where the crime was committed. All matters of dispute, both ci­vil and criminal, in any county, where there is not a suffi­cient number of inhabitants, to form a court, shall be tried in the next adjacent county, where a court is held.

40. All causes of what nature soever, shall be tried in the superior court, except as hereafter mentioned; which court shall consist of the chief justice, and three or more of the justices residing in the county; in case of the absence of the chief-justice, the senior justice on the bench shall act as chief-justice, with the clerk of the county, attorney for the state, sheriff, coroner, constable, and the jurors. And in case of the absence of any of the aforementioned officers, the justices on the bench to appoint others in their room pro tempore. And if any plantiff or defendent in civil causes shall be dissatisfied with the determination of the jury, then, and in that case, they shall be at liberty within three days, to enter an appeal from that verdict; and demand a new trial by a special jury, to be nomi­nated as follows, viz. each party, plantiff and defendent, shall chuse six, six more names shall be taken indifferently out of a box provided for that purpose, the whole eighteen to be summoned, and their names to be put together into the box, and the first twelve that are drawn out, being present, [Page 184] shall be the special jury to try the cause, and from which there shall be no appeal.

41. The jury shall be judges of law, as well as of fact, and shall not be allowed to bring in a special verdict; but if all, or any of the jury, have any doubts concerning points of law, they shall apply to the bench, who shall each of them in rotation give their opinion.

42. The jury shall be sworn to bring in a verdict accord­ing to law, and the opinion they entertain of the evidence; provided it be not repugnant to the rules and regulations contained in this constitution.

43. The special jury shall be sworn to bring in a verdict, according to law, and the opinion they entertain of the evi­dence; provided it be not repugnant to justice, equity and conscience, and the rules and regulations contained in this constitution, of which they shall judge.

44. Captures both by sea and land to be tried in the coun­ty where such shall be carried in; a special court to be cal­led by the chief-justice, or in his absence, by the then seni­or justice in the said county, upon application of the cap­tors or claimants, which cause shall be determined within the space of ten days. The mode of proceeding and appeal shall be the same as in the superior courts, unless after the second trial, an appeal is made to the continental congress; and the distance of time, between the first and second trial, shall not exceed fourteen days: And all maritime causes to be tried in like manner.

45. No grand-jury shall consist of less than eighteen, and twelve may find a bill.

46. That the court of conscience be continued as here­tofore practised, and that the jurisdiction thereof be extend­ed to try causes, not amounting to more than ten pounds.

47. All executions exceeding five pounds, except in the case of a court merchant, shall be stayed, until the first Mon­day in March; provided security be given for debts and costs.

48. All the costs attending any action in the superior court shall not exceed the sum of three pounds, and that no [Page 185] cause be allowed to depend in the superior court longer than two terms.

49. Every officer of the state shall be liable to be called to account by the house of assembly.

50. Every county shall keep the public records belong­ing to the same; and authenticated copies of the several records, now in the possession of this state, shall be made out, and deposited in that county to which they belong.

51. Estates shall not be entailed, and when a person dies intestate, his or her estate shall be divided equally among their children; the widow shall have a child's share, or her dower, at her option; all other intestates estates to be divided, according to the act of distribution, made in the reign of Charles the second; unless otherwise altered by any future act of the legislature.

52. A register of probates shall be appointed by the legislature in every county, for proving wills, and grant­ing letters of administration.

53. All civil officers in each county shall be annually elected, on the day of the general election, except justices of the peace, and registers of probates, who shall be ap­pointed by the house of assembly.

54. Schools shall be erected in each county, and sup­ported at the general expence of the state, as the legisla­ture shall hereafter point out.

55. A court-house and goal shall be erected at the pub­lic expence in each county, where the present convention, or the future legislature, shall point out and direct.

56. All persons whatever shall have the free exercise of their religion; provided it be not repugnant to the peace and safety of the state; and shall not, unless by consent, support any teacher, or teachers, except those of their own profession.

57. The great seal of the state shall have the following device; on one side a scroll, whereon shall be engraved, The Constitution of the State of Georgia, and the motto, Pro bono publico; on the other side, an elegant house, and other buildings, fields of corn, and meadows covered with sheep and cattle; a river running through the same, with a [Page 186] ship under full sail, and the motto, Deus nobis haet Otia fecit.

58. No person shall be allowed to plead in the courts of law, in this state, except those who are authorised so to do, by the house of assembly; and if any person so authorized shall be found guilty of mal-practice before the house of assembly, they shall have power to suspend them. This is not intended to exclude any person from that in­herent privilege of every freeman, the liberty to plead his own cause.

59. Excessive fines shall not be levied, nor excessive bail demanded.

60. The principles of the habeas corpus act, shall be part of this constitution.

61. Freedom of the press, and trial by jury, to remain inviolate for ever.

62. No clergyman, of any denomination, shall be allow­ed a seat in the legislature.

63. No alteration shall be made in this constitution without petitions from a majority of the counties, and the petitions from each county to be signed by a majority of voters in each county within this state. At which time the assembly shall order a convention to be called for that purpose, specifying the alterations to be made, according to the petitions preferred to the assembly by the majority of the counties, as aforesaid