THE ARTICLES OF CONFEDERATION; THE Declaration of Rights; THE Constitution of this Commonwealth, AND THE ARTICLES of the DEFINITIVE TREATY BETWEEN GREAT-BRITAIN and the UNITED STATES of AMERICA.
Published by order of the GENERAL ASSEMBLY.
RICHMOND: PRINTED BY DIXON AND HOLT.
IN THE HOUSE OF DELEGATES,
RESOLVED that the Executive be requested to cause copies of the Articles of Confederation, and Declaration of Rights, the Constitution of this Commonwealth, and the Articles of the Definitive treaty between Great Britain and the United States of America, to be printed and bound together, and to distribute the [...], through the several counties in like manner and proportion as the laws are directed to be distributed; and that the Executive be moreover requested to send one copy to every Courts [...] C [...]k, to be by [...] kept among the records o [...] t [...] the same, accessible to all who may think proper to consult them.
- Teste. JOHN BECKLEY, C. H. D.
- WILL: DREW, C. [...].
- A Copy. JOHN BECKLEY, C. H. D.
ARTICLES OF CONFEDERATION AND PERPETUAL UNION, BETWEEN The States of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia.
ARTICLE I. THE style of this confederacy shall be "THE UNITED STATES OF AMERICA."
ART. II Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by th [...] confederation expressly delegated to the United States, in Congress assembled.
ART III. The said states hereby severally enter into a firm league of friendship with each other for their common defence, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
ART. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, (paupers, vagabonds, and fugitives from Justice, excepted) shall be intitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof respectively. Provided that such restriction shall not extend so far to prevent the removal of property imported into any state to any other state of which the owner i [...] an inhabitant; provided also, that no imposition, duties, or restriction, shall be laid by any state on the property of the United States, or either of them.
I [...] any person guilty of or charged with treason, felony or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or Executive power of the state from which [...]e fled, be delivered up, and removed to the state having jurisdiction of his offence.
[Page 4]Full faith and credit shall be given in each of these states to th [...] record, [...]cts and judical proceedings, of the courts and magistrate of every other state.
ART. V For the more convenient management of the general interests of the United States, delegates shall be annually appointed, in such manner as the Legislature of each state shall direct, [...]o meet in Congress on the first Monday in November in every year, with a power reserved to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.
No state shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or any other for his benefit, receives any [...]lary, sees, o [...] emolument of any kind.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.
In determining questions in the United States, in Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court, or place, out of Congress; and the members of Congress shall be protected in their persons from arrests and imprisonments during the time of their going to and from, and attendance on Congress, except for treason, felony, or breach of the peace.
ART. VI. No state, without the consent of the United States in Congress assembled, shall send any embassy to or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with, any King, Prince, or state; nor shall any person holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever, from any King, Prince, or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.
No two or more states shall enter into any treaty, confederation, or alliance whatever, between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No state shall lay any imposts of duties which may interfere with any stipulations in treaties entered into by the United States, in Congress assembled, with any King, Prince, or state, in pursuance of any treaties already proposed by Congress to the Courts of France and Spain.
No vessels of war shall be kept up in time of peace by any state, except such number only as shall be deemed necessary by the United States, in Congress assembled, for the defence of such state, or its [Page 5] trade; nor shall any body of forces be kept up by any state in time of peace, except such number only, as, in the judgment of the United States, in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accounted, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage.
No state shall engage in any war without the consent of the United States in Congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so eminent as not to admit of a delay, till the United States, in Congress assembled, can be consulted. Nor shall any state grant commissions to any ships or vessels of war, nor letters of ma [...]que or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States, in Congress assembled, shall determine otherwise.
ART. VII. When land forces are raised by any state for the common defence, all officers, of or under the rank of Colonel, shall be appointed by the Legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment.
ART. VIII. All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. The taxes of paying that proportion shall be laid and levied by the authority and direction of the Legislatures of the several states within the time agreed upon by the United States in Congress assembled.
ART. IX. The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article; of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the Legislative [Page 6] power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting be exportation or importation of any species of goods or commodities whatsoever; of establishing [...] for d [...]ci [...]ing in all cases, w [...]t c [...]otures on land or water shall be legal, and in what manner [...] taken by land or naval forces in the service of the United States shall be divided o [...] appropriated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed [...]n the high seas, and establishing c [...]u [...]ts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said court.
The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise, between two or more states concerning boundary, jurisdiction, or any other cause whatever, which authority shall always be exercised in the manner following: Whenever the Legislative or Executive authority o [...] lawful agent of any state in controversy with another shall present a petition to Congress, stating the matter in question, and p [...]a [...]ing for a [...]e [...]ing, notice thereof shall be given by order of Congress to the Legislative or Executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, Congress shall same three persons out of each of the United States, and from the l [...]st [...]f such persons each [...]a [...]ty shall alternately strike out one, the petitioners beginning, until the number shal be reduced to thirteen, [...]d from that number, not less than seven, nor more than nine names, [...] Congress shall direct, shall in the presence of Congress, be drawn out by lot, and the persons whose names shall be so drawn, or any si [...]e of them, shall be commissioners, or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination. And if either party shall neglect to attend at the day appointed, without shewing reasons which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each state, and the secretary of Congress shall strike in behaif of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive. And if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress, for the security of the parties [Page 7] concerned. Provided, that every commissioner, before he sits in judgment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, " [...] well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward." Provided also, that no state shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands, and the states which p [...]ssed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
The United States, in Congress assembled, shall also have the sole and exclusive right and power of regulating the alloy and value of coin st [...]u [...]k by [...]ir own authority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the Legislative right of any state within its own limits be not infringed or violated; establishing and regulating post offices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expences of the said office; appointing all officers of the land forces in the service of the United States, excepting regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States▪ making rules the government and regulation of the said land and naval forces, and directing their operations.
The United States, in Congress assembled, shall have authority to appoint a committee to fit in the recess of Congress, to be denominated "A committee of the states," and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction; to appoint one of their number to preside, provided that 10 person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be ra [...]ed for the service of the United States, and to appropriate and apply the same to def [...]ng the public expences; to borrow money o [...] emit [...]i [...]s on the c [...]dit of the United States, transmitting every half year to the res [...]ctive states, an account of the sums of money so borrowed or emitted; to build and equip a naval; to agree upon the number of land forces, and to make requisition from each state for its qu [...], in proportion to the number of while inhabitants in such state, [Page 8] which requisition shall be binding, and thereupon the Legislature of each state shall appoint the regimental officers, raise the men, and cloath, arm, and equip them in a soldier like manner, at the expence of the United States, and the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled; but if the United States in Congress assembled shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota▪ thereof, such extra number shall be raised, officered, cloathed, armed, and equipped in the same manner as the quota of such state, unless the Legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, cloath, arm, and equip, as many of such extra number as they judge can be safely spared, And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war, nor grant letters of marque and rep [...]isal, in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the su [...]s and expences necessary for the defence and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, o [...] the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: Nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled.
The Congress of the United State shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the Legislatures of the several states.
ART. X. The committee of the states, or any nine of them, shall be authorised to execute, in the recess of Congress, such of the powers of Congress a [...] the United States in Congress assembled, by the consent of nine states, shall from time to time think exp [...] dient [Page 9] to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states, in the Congress of the United States assembled, is requisite.
ART. XI. Canada acceding to this confederation, and joining in the measures of the United States shall be admitted in o [...] and entitled to all the advantages of this [...] but n [...] [...]ther colony shall be admitted into the same, unless such admission be agreed to by nine states.
ART. XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of Congress before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered [...]s [...] charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pledged.
ART. XIII. Every state shall abide by the descriminations of the United States, in Congress assembled, on all questions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall an alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the Legislatures of every state.
AND WHEREAS it hath pleased the great Governor of the world so incline the hearts of the Legislatures we respectively represent in Congress, to approve of, and to authorise us to r [...]tif [...] the si [...]d articles of confederation and perpetual union. KNOW YE, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the union shall be perpetual. IN WITNESS whereof, we have her unto set our hands in Congress.
Done at Philadelphia, in the state of Pennsylvania, the 9th day of July, in the year of our Lord, 1778, and in the third year of the independence of America.
The aforesaid articles of confederation were finally ratified on the first day of March 1781; the state of Maryland having▪ by their members in Congress, on that day acceded thereto, and completed the same.
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[Page 10]NEW-HAMPSHIRE,
- Josiah Bartlett,
- John Wentworth, jun.
- MASSACHUSETTS-BAY,
- John Harcock,
- Samuel Adams,
- Elbridge G [...]y,
- Francis Da [...]a,
- James Lovell,
- Samuel Hol [...]on.
- RHODE-ISLAND,
&c.
- William E [...]lery,
- Henry Merchant,
- John Co [...]lins.
- CONNECTICUT,
- Roger Sherman,
- Samuel Huntington▪
- O [...]iver W [...]cott,
- Titus Hosmer,
- Andrew Adam [...].
- NEW-YORK,
- James Duane,
- Francis Lewis,
- William D [...]er,
- Governeur Morris.
- NEW JERSEY,
- John Witherspoon▪
- Nathaniel Scudder.
- PENNSYLVANIA,
- Robert Morris,
- Daniel Roberdea [...],
- Jonathan Bavard Smith▪
- William Clingan,
- Joseph Reed.
- DELAWARE,
- Thomas M'Kean,
- John Dickinson,
- Nicholas Vandyk [...].
- MARYLAND,
- John Hanson,
- Daniel Carroll.
- VIRGINIA,
- Richard Henry Lee,
- John Bannister,
- Thomas Adams,
- John Harvey,
- Francis Lightfoot Le [...] ▪
- NORTH-CAROLINA,
- John Penn,
- Cornelius Harnett,
- John Williams,
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[Page 11]SOUTH-CAROLINA,
- Henry Lauren [...],
- William Henry Drayton,
- John Matthews,
- Richard Hutson,
- Thomas Heyward, jun.
- GEORGIA,
- J [...]hn Walton,
- [...]dward [...]lf [...]ir,
- Edward Longworthy.
THE DECLARATION OF RIGHTS Made by the Representatives of the good people of Virginia, assembled in full and free Convention; which rights do pertain to them, and their posterity, as the basis and foundation of Government.
FIRST, THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any c [...]m [...]ct, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
2d. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
3d. That government is, or ought to be instituted for the common benefit, protection and security, of the people, nation, or community, of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of mal-administration; and that wherever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefe [...]sible right, to perform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.
4th. That no man, or set of men, are intitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislature, or judge, to be the hereditary.
5th. That the Legislative and Executive powers of the state should be separate and distinct from the judicary; and that the members of the two first may be restrained from oppression, by feeling and participating the burthens of the people, they should at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct.
[Page 13]6th. That elections of members to serve as representatives of the people, in Assembly, ought to be free, and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage, and cannot be taxed or deprived of their property for public uses without their own consent, or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for the public good.
7th. That all power of suspending law, or the execution of laws, by any authority without consent of the representatives of the people, is injurious to their rights, and ought not to be exercised.
8th. That in all capital or criminal prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage, whithout whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty, except by the law of the land, or the judgment of his peers.
9th. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel unusual punishments inflicted.
10th. The general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
11th. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.
12th. That the freedom of the press is one of the great bulwarks of liberty, and can never be restrained but by dispotic governments.
13th. That a well regulated militia, composed of the body of the people trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the m [...] ry should be under strict subordination to, and governed by, the civil power.
14th. That the people have a right to uniform government; and therefore, that no government separate from, or independent of the government of Virginia, ought to be erected or established within the limits thereof.
15th. That no free government, or the blessing of liberty, can be preserved to any people but by a fi [...]n [...] adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundimental principles.
[Page 14]16th. That religion, or the duty which we owe to our CREATOR, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity, towards each other.
THE CONSTITUTION OR FORM OF GOVERNMENT Agreed to and resolved upon at a general Convention o [...] the Delegates and Representatives of the several Counties and Corporations of Virginia, held at the Capital in the City of Williamsburg, on Monday the sixth day of May, in the year 1776.
WHEREAS George III. King of Great-Britain and Ireland, and elector of Hanover, heretofore intrusted with the exercise of the kingly office in this government, hath indeavoured to pervert the same into a detestable and insupportable tyranny, by p [...]ting his negative on laws the most wholesome and necessary for the public good:
By denying his Governors permission to pass laws of immediate and pressing importance, unless suspended in their operation for his assent, and, when so suspended, neglecting to attend to them for many years.
By refusing to pass certain other laws, unless the person to be benefited by them would relinquish the inestimable right of representation in the legislature:
By dissolving legislative Assemblies repeatedly and continually, for opposing with manly firmness, his invasions of the rights of the people:
When dissolved, by refusing to call others for a long space of time, thereby leaving the political system without any legislative head:
By endeavouring to prevent the population of our country, and, for that purpose, obstructing the laws for the naturalization of foreigners:
By keeping among us, in times of peace, standing armies and ships of war:
By [...]ffecting to render the military independent of, and superior to, the civil power:
[Page 16]By combining with others to subject us to a foreign jurisdiction giving his assent to their pretended acts of legislation:
For quartering large bodies of armed troops among us:
For cutting off our trade with all parts of the world:
For imposing taxes on us without our consent:
For depriving us of the benefits of trial by jury:
For transporting us beyond seas, to be tried for pretended offences:
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever:
By plundering our sons, ravaging our coasts, burning our towns, and destroying the lives of our people:
By inciting insurrection of our fellow subjects, with the allurements of forfeiture and confiscation:
By prompting our negroes to [...]ife in arms among us, those very negroes whom, by an inhuman use of his negative, he hath refused us permission to exclude by law:
By endeavoring to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare as an undistinguished destinction of all ages, sexes, and conditions of existence:
By transporting, at this time, a large army of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy unworthy the head of a civilized nation:
By answering our repeated petitions for redress with a repetition of injuries:
And finally, by abandoning the helm of government, and declaring us out of his allegiance and protection.
By which several acts of misrule, the government of this country, as formerly exercised under the crown of Great-Britain, is TOTALLY DISSOLVED.
We therefore, the Delegates and Representatives of the good people of Virginia, having maturely considered the premises, and viewing with great concern the deplorable condition to which this once happy country must be reduced, unless some regular adequate mode of civil policy is speedily adopted, and in compliance with a recommendation of the General Congress, do ordain and declare the future form of government of Virginia to be as followeth:
The legislative, executive, and judiciary departments, 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 [Page 17] consist of two representatives to be chosen for each county, and for the district of West Augusta, annuall, of such men as actually resid [...] in and are freeholders, or duly qualified according to law, and also one Delegate or Representative to be chosen annually for the city of Williamsburg, and one for the borough of Norfolk, and a Representative for each of such other cities and boroughs as may hereafter be allowed particular representation by the legislature; but when any city or borough 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 ceas [...] 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 elections 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 sheriff [...] 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 place so taken in their respective counties return a Senator the man who shall have the greatest number of votes in the [...]hole 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 of both Houses shall remain as exercised a [...] 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 supplying intermediate vacancies.
All laws shall originate in the House of Delegates, to be approved or rejected in the Senate, or to be amended with the consent of the House of Delegates; except money bills, 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 taxing the joint ballot of both Houses in all cases) who shall not continue in that office longer than three years successively, [Page 18] no [...] 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 the 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 the death, inability, or necessary absence of the Governor from the government, shall act as Lieutenant Governor. Four members shall be sufficient to act, and their advice and proceedings shall be entered of record, and signed by the members present (to any part whereof any member may enter his dissent) to be laid before the General 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, or 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 misbehavior or inability, or to supply vacancies of officers happening in [Page 19] 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 behavior, 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 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 case 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 behavior, 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 male administration, corruption, or other means, by which the safety of the state may be endangered, shall be impeachable by the House of Delegates Such impeachment shall 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 [...] they shall be either forever be disabled to hold any office under government, or removed from such office pro tempore, or subjected to such pains or penalties as the law shall direct
If al [...], or any of the Judges of the General Court, shall, on good grounds (to be judged of by the House of Delegates) [...] accused of any of the crimes or offences before-mentioned, [...] 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 preceeding clause.
[Page 20]Commissions and grants shall run, In the name of the COMMONWEALTH 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 ceeded, released and forever confirmed to the people of those 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 the rivers Potowmack and Pocomoke, with the property of the Virginia shores or 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, [...]nd by the public treaty of peace between the Courts of Great-Britain and France, in the year one thousand seven hundred and sixty three, unless, by act of Legislature, one or more territories shall hereafter be [...]aid off, and governments established westward of the Allegany mountains. And no purchase of lands shall be made of the Indian natives but on behalf of the public, by authority of the General Assembly.
In order to introduce this government, the Representatives of the people met in Convention shall choose a Governor and Privy Council, also such other officers directed to be chosen by both Houses as may be judged necessary to be immediately appointed. The Senate to be first chosen by the people, to continue until the last day of March next, and the other until the end of the succeedng session of Assembly In case of vacancies, the Speaker of either House shall issue writs for new elections.
THE ARTICLES OF THE DEFINITIVE TREATY. In the Name of the Most Holy and Undivided TRINITY.
IT having pleased the Divine Providence to dispose the hearts of the most serene and most potent Prince George the third, by the Grace of God, King of Great-Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenburg, Arch-Treasurer and Prince Elector of the Holy Roman Empire, &c and of the United States of America, to forget all past misunderstandings and differences, that have unhappily interrupted the good correspondence and friendship which they mutually wish to restore; and to establish such a beneficial and satisfactory intercourse between the two countries, upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both perpetual peace and harmony: And having for this desirable end, already la [...]d [...]he foundation of peace and reconciliation, by the provisional articles, signed at Paris, on the 30th of November, 1782, by the commissioners empowered on each part, which articles were agreed to be inserted in, and to constitute the treaty of peace proposed to be concluded between the crown of Great-Britain and the said United States, but which treaty was not to be concluded until terms of peace should be agreed upon between Great-Britain and France, and his Britannic Majesty should be ready to conclude such treaty accordingly; and the treaty between Great-Britain and France, having been since concluded, his Britannic Majesty and the United States of America, in order to carry into full effect the provisional articles above-mentioned, according to the tenor thereof, have constituted and appointed, that is to say, His Britannic Majesty on his part, David Hartley, Esquire, member of the Parliament of Great-Britain, and the said United States on their part, John Adams, Esquire, late a commissioner of the United States of America at the court of Versailles, late Delegate in Congress from the state of Massachusetts, and Chief Justice of the said state, and [Page 22] Minister Plenipotentiary of the said United States, to their High Mightinesse [...] the States General of the United Netherlands; Benjamin Franklin, Esquire, late Delegate in Congress from the [...]me of Pennsylvania, President of the Convention of the said state, and Minister Plenipotentiary from the United States of America at the Court of Versailles; John Jay, Esquire, late President of Congress, and Chief Justice of the state of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and signing the present definitive treaty; who after having reciprocally communicated [...] respective full powers, have agreed upon and confirmed the following articles.
ARTICLE I. His Britannic Majesty acknowledges the said United States, viz. New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia, to be free, sovereign and independent states; that be treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territorial rights of the same, and every part thereof.
ART. II. And that all disputes which might arise in future on the subject of the boundaries of the said United States may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz.
From the north west angle of Nova-Scotia, viz. that angle which is formed by a line drawn due north from the source of Saint Croix [...]ver to the Highlands; along the said Highlands which divide th [...]se rivers that empty themselves into the river Saint Lawrence from those which fall into the Atlantic Ocean, to the north western most ha [...]d of Connecticut river, thence down along the middle of that river to the forty fifth degree of north latitude; from thence by a line due west on said latitude, until it strikes the river Iroquois or Cataraquy; thence along the middle of said river into lake Ontario, through the middle of said lake until it strikes the communication by water between that lake and lake Erie; thence along the middle of the said communication into lake Erie, through the middle of said lake until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into the lake Huron; thence through the middle of said lake to be water communication between that lake and lake Superior; thence [...]hrough lake Superior northward of the isles, Ro [...]al and Philapeaus to the long lake; thence through the middle of said long lake and the water communication between it and the lake of the Woods, to the said lake of the Woods; thence through the said lake to the m [...]st north western point thereof, and from thence on a due west course to the river Missisippi; thence by a line to be drawn along the middle of the said river Missisippi, [...] [Page 23] [...] intersect the northernmost part of the thirty-first degree of north latitude. South by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola or Catahouche; thence along the middle thereof to its junction with the Flint river; thence strait to the head of Saint Mary's river; and thence down along the middle of Saint Mary's river to the Atlantic Ocean. East by a line to be drawn along the middle of the river Saint Croix, from its mouth in the bay of Fundy to its source, and from its source directly north to the aforesaid Highlands which divide the rivers that fall into the Atlantic Ocean from those which fall into the river Saint Lawrence; comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova-Scotia on the one part, and East-Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic Ocean; excepting such islands as now are or heretofore have been within the limits of the said province of Nova-Scotia.
ART. III. It is agreed that the people of the United States shall continue to enjoy, unmolested, the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland; also in the gulph of Saint Lawrence, and at all other place [...] in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the fame on that island) and also on the coasts, bays and creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbors and creeks of Nova-Scotia, Magdalen islands, and Labradore, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or possessors of the ground.
ART. IV. It is agreed that creditors on either side, shall meet with no lawful impediment to the recovery of the full value in sterling money, of all bona fide debts heretofore contracted.
ART. V. It is agreed that the Congress shall earnestly recommend it to the legislatures of the respective states, to provide for the restitution of all estates, rights and properties, which have been confiscated, belonging to real British subjects, and also o [...] the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms, and who have not borne arms against the said United States. And that persons of any other description shall have free liberty to go to any part or parts of any of the Thirteen United States, and therein to remain twelve months [Page 24] unmolested in their endeavors to obtain the restitution of [...] their estates, rights and properties, as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent, not only with justice and equity, but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states, that the estates, rights and properties, of such last mentioned persons shall be restored to them; they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights or properties since the confiscation. And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.
ART. VI. That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons for or by reason of the part which he or they may have taken in the present war; and that no person shall on that account, suffer any future loss or damage, either in his person, liberty or property, and that those who may be in confinement on such charges, at the time of the ratification of the treaty in America; shall be immediately set at liberty, and the prosecutions so commenced be discontinued.
ART. VII. There shall be a firm and perpetual peace between his Britannic Majesty and the said States, and between the subjects of the one, and the citizens of the other, wherefore all hostilities both by sea and land shall from henceforth cease; all prisoners on both sides shall be set at liberty, and his Britannic Majesty shall with all convenient speed, and without causing any destruction, or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the said United States, and from every post, place and harbor within the same; leaving in all fortifications the American artillery that may be therein, and shall also order and cause all archives, records, deeds and papers, belonging to any of the states, or their citizens, which in the course of the war may have fallen into the hands of his officers, shall be forthwith restored and delivered to the proper states and persons to whom they belong.
ART. VIII. The navigation of the river Missisippi, from its source to the Ocean, shall forever remain free and open to the subjects of Great-Britain and the citizens of the United States
ART. IX. In case it should so happen that any place or territory belonging to Great-Britain or to the United States, should have been conquered by the arms of either from the other, before the arrival of the said provisional articles in America, it is agreed, that [Page 25] the same shall be restored without difficulty, and without requiring any compensation.
ART X. The solemn ratifications of the present treaty, expedite [...] good and due form, shall be exchanged between the contracting parties, in the space of six months, or sooner if possible, to be computed from the day of the signature of the present treaty. In witness whereof, we the undersigned, their Ministers Plenipotenti [...]r [...], have in their name and in virtue of our full powers, [...] our hands the present definitive treaty, and caused the sca [...]s of our arms to be affixed thereto.
- (L. S.) D. HARTLEY,
- (L. S.) JOHN ADAMS,
- (L. S.) B. FRANKLIN,
- (L. S.) JOHN JAY.