WHEN in the course of human events, it becomes necessary for one people to dissolve the political bands which have con­nected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which im­pel them to the separation.

We hold these truths to be self-evident, that all men are created equal; that they are en­dowed by their Creator with certain unaliena­ble rights; that among these are life, liberty, and the pursuit of happiness; that to se­cure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such [Page 6]principles, and organizing its powers in such form, as to them shall seem most likely to ef­fect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all ex­perience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute des­potism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these Colo­nies; and such is now the necessity which con­strains them to alter their former systems of government. The history of the present King of Great-Britain is a history of repeat­ed injuries and usurpations, all having in di­rect object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world.

He has refused his assent to laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other laws for the accommodation of large districts of people, [Page 7]unless those people would relinquish the right of representation in the legislature, a right inestimable to them, and formidable to ty­rants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses re­peatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining in the mean time exposed to all the danger of invasion from without, and convulsions within.

He has endeavoured to prevent the popu­lation of these States; for that purpose ob­structing the laws for naturalization of for­eigners; refusing to pass others to encourage their migrations hither, and raising the con­ditions of new appropriations of lands.

He has obstructed the administration of jus­tice, by refusing his assent to laws for estab­lishing judiciary powers.

He has made Judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

[Page 8] He has kept among us, in times of peace, standing armies, without the consent of our legislatures.

He has affected to render the military in­dependent of and superior to the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States:

For cutting off our trade with all parts of the world:

For imposing taxes on us without our con­sent:

For depriving us, in many cases, of the ben­efits of trial by jury:

For transporting us beyond seas to be tried for pretended offences:

For abolishing the free system of English laws in a neighbouring Province, establishing therein an arbitrary government, and enlarg­ing its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our charters, abolishing our most valuable laws, and altering funda­mentally the forms of our governments:

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

[Page 9] He has abdicated government here, by de­claring us out of his protection, and waging war against us.

He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.

He is at this time, transporting large ar­mies of foreign mercenaries to complete the works of death, desolation and tyranny, al­ready begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barba­rous ages, and totally unworthy the head of a civilized nation.

He has constrained our fellow citizens, ta­ken captive on the high seas, to bear arms against their country, to become the execu­tioners of their friends and brethren, or to tall themselves by their hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these oppressions we have petitioned for redress, in the most humble terms: Our repeated petitions have been an­swered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a f [...]e people.

Nor have we been wanting in attention to our British brethren. We have warned them from time to time, of attempts by their [Page 10]legislature to extend an unwarrantable juris­diction over us. We have reminded them of the circumstances of our emigration and set­tlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connexions and correspondence. They, too, have been deaf to the voice of justice and of consan­guinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of man­kind, enemies in war; in peace, friends.

We, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, Do, in the name, and by the authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of right ought to be, Free and Independent States; that they are absolved from all allegiance to the British Crown, and that all political con­nexion between them and the State of Great-Britain, is, and ought to be totally dissolved; and that as Free and Independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which Inde­pendent States may of right do. And for the [Page 11]support of this Declaration, with a firm reli­ance on the protection of Divine Providence, we mutually pledge to each other, our lives, our fortunes, and our sacred honour.

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 this 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 intercouse 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 entitled 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 as to prevent the removal of property imported into any State to any other State, of which the owner is an inhabitant; provided also, that no imposition, duties or [Page 14]restriction shall be laid by any State on the property of the United States, or either of them.

If 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 he fled, be delivered up and removed to the State having jurisdiction of his offence.

Full faith and credit shall be given in each of these States to the records, acts and judicial proceedings of the courts and magistrates 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, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recal 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 by 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 salary, fees or emolument of any kind.

Each State shall maintain its own delegates in any 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. [Page 15]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 purpose for which the same is to be entered into, and how long it shall continue.

No State shall lay [...]y imposts or duties, which may in­terfere with any stipu [...]tions 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 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 accoutred, and shall provide and have constantly 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 certain advice of a resolution being formed by some nation of In­dians to invade such State, and the danger is so imminent 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 marque 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 [Page 16]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 sitted 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 ex­penses 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 for 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 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 the exportation or importation of any species of goods or commodities whatsoever—of establishing rules for deciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided [...] [...]ropriated— [...] [Page 17]granting letters of marque and reprisal in time of peace—appointing courts for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures; provided, that no member of Congress shall be appointed judge of any of the said courts.

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 or lawful agent of any State in controversy with another shall present a petition to Congress, stating the matter in question and praying for a hearing, 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 name three persons out of each of the United States, and from the lift of such persons each party shall alternately strike out one, the pe­tioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as 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 five 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 behalf 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 [Page 18]court, or to appear or defend their claim o [...] 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 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 favour, 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 passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement or 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 struck by their 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 ex­pens [...]s 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 [Page 19]of the United States—making rules for 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 no 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 raised for the service of the United States, and to appropriate and apply the same for defraying the public ex­penses—to borrow money or emit bills on the credit of the United States, transmitting every half year to the re­spective States an account of the sums of money so borrow­ed or emitted—to build and equip a navy—to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men, and clothe, arm and equip them in a soldier-like manner, at the ex­pense of the United States; and the officers and men so clothed, 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, clothed, 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, clothe, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed and equipped shall march to the place [Page 20]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 reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses 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, or 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 States 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 as the United States in Congress assembled by the consent of nine States shall from time to time think expedient 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 [Page 21]admi [...]ted into and entitled to all the advantages of this Union: But no other 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 as a 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 deter­minations 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 any 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.

THESE articles shall be proposed to the Legislatures of all the United States, to be considered, and if ap­proved of by them, they are advised to authorise their Delegates to ratify the same in the Congress of the United States; which being done, the same shall become conclusive.

WE, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and estab­lish this Constitution for the United States of America.

THAT the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification; and that each Convention assenting to, and ratifying the same, should give notice thereof to the United States, in Con­gress assembled.

RESOLVED, That it is the opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a day on which Electors should be appointed by the States which shall have ratified the same, and a day on which the Electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution. That after such publication, the Electors should be appointed, and the Sen­ators and Representatives elected: That the Electors should meet on the day fixed for the election of the Presi­dent, and should transmit their votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled: That the Senators and Representatives should convene at the time and place assigned: That the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening and counting the votes for President; and, that after he shall be chosen, the Congress, together with the President, should without delay proceed to exe­cute this Constitution.

WE have now the honour to submit to the consid­eration of the United States in Congress assem­bled, that Constitution which has appeared to us the most adviseable. The friends of our Country have long seen and desired, that the power of making war, peace and treaties, that of levying [...]ney and regulating commerce, and the correspondent Executive and Judicial authorities, should be fully and effectually vested in the general gov­ernment of the Union; but the impropriety of delegating such extensive trusts to one body of men is evident— Hence results the necessity of a different organization.

It is obviously impracticable in the federal government of these States, to secure all rights of independent sov­ereignty to each, and yet provide for the interest and safety of all—Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circum­stance, as on the object to be obtained. It is at all times difficult to draw with precision, the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.

In all our deliberations on this subject, we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, per­haps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of infe­rior magnitude than might have been otherwise expected; and thus the Constitution which we now present, is the re­sult of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.

That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will [Page 46]doubtless consider, that had her interests been alone con­sulted, the consequences might have been particularly dis­agreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent with.

With great respect, we have the honour to be, Sir, your Excellency's most obedient, and humble servants.

CONGRESS having received the Report of the Con­vention lately assembled in Philadelphia, Resolved, unanimously, That the said Report, with the Resolutions and Letter accompanying the same, be trans­mitted to the several Legislatures, in order to be submitted to a convention of Delegates chosen in each State by the people thereof, in conformity to the Resolves of the Con­vention made and provided in that case.

RESOLVED, by the Senate and House of Repre­sentatives of the United States of America, in Con­gress assembled, two-thirds of both Houses concurring, That the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States, all, or any of which articles, when rat­ified by three-fourths of the said Legislatures, to be valid, to all intents and purposes, as part of the said Constitution; viz. ARTICLES, in addition to, and amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the sev­eral States, pursuant to the fifth article of the original Constitution.

I. After the first enumeration, required by the first article of the Constitution, there shall be one representa­tive for every thirty thousand, until the number shall amount to one hundred; after which, the proportion shall be so regulated by congress, that there shall be not less than one hundred representatives, nor less than one repre­sentative for every forty thousand persons, until the number of representatives shall amount to two hundred; after which, the proportion shall be so regulated by Congress, that there shall not be less than two hundred representatives, nor more than one representative for every fifty thousand persons.

II. No law, varying the compensation for the services of the senators and representatives, shall take effect, until an election of representatives shall have intervened.

[Page 48] III. Congress shall make no law respecting an estab­lishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to peti­tion the government for a redress of grievances.

IV. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

V. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

VI. The right of the people to be secure in their per­sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated: and no war­rants shall issue, but upon probable cause, supported by oath or affirmation—and particularly describing the place to be searched, and the persons or things to be seized.

VII. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual ser­vice, in time of war, or public danger: nor shall any per­son be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself; nor be de­prived of life, liberty, or property, without due process of law: nor shall private property be taken for public use, without just compensation.

VIII. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impar­tial jury, of the State and District, wherein the crime shall have been committed; which District shall have been pre­viously ascertained by law; and to be informed of the na­ture and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.

IX. In suits at common law, where the value in con­troversy shall exceed twenty dollars, the right of trial by jury shall be preserved: and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of common law.

[Page 49] X. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted.

XI. The enumeration, in the Constitution, of certain rights, shall not be construed to deny or disparage others, retained by the people.

XII. The powers, not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

N. B. By the returns made into the Secretary of State's office, it appears that the first article of the above amendments is agreed to by only seven States—the second by only four—and therefore these are not obligatory. All the remainder, having been ratified by nine States, are of equal obligation with the Constitution itself.

Whereas we have been informed, by the petition of our trusty and well beloved subjects, John Clarke, on the be­half of Benedict 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 Narraganset 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 arrival there [Page 114]after their first settlement amongst other of our subjects in those parts, for the avoiding of discord, and those many evils which were likely to ens [...]e upon those our subjects, not being able to bear, in those remote parts, their different ap­prehensions in religions 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 [...] are informed, are the most potent princes and people of [...] 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-staves, and other mer­chandise, which lie very commodious in many respects for commerce, and to accommodate 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 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 loving sub­jects, and to secure them in the free exercise and enjoy­ment [Page 115]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, grant, ordain and declare that our royal will and pleasure is—

That no person within the said Colony, at any time here­after, shall be anywise 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 concernment, 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 anywise 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 [...] dominions and territories have; and to create and make them a body politic or corporate, with [Page 116]the powers or privileges herein after 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 forever 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, forever 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 alter, change, break, and make new, from time to time, at their will and pleasure, as they shall think sit.

[Page 117] And farther, we will and ordain, and by these presents, for us, our heirs and successors, 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 freem [...]n 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 after mentioned 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 first and present Governor of the said Company; and the said William Brenton to be the Deputy-Governor; and the said William Boulston, John Porter, Roger Will­iams, Thomas Olney, John Smith, John Greene, John Cogeshall, James Barker, William Field, and Joseph Clarke, to be the ten present Assistants of the said Company, to continue in the said several offices respectively, until the first Wednesday 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 sorever 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 oftenor, in [...]se it shall be requisite, the Assist­ants, and such of the freem [...]n of the said Company, not ex­ceeding six persons for N [...]wp [...]rt, four persons for each of the respective town [...] of Providence, Portsmouth, and War­wick, [Page 118]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 to which they shall be so elected or depu­ted, shall have a general meeting or assembly, then and th [...]e to consult, advise and determine in and about the affa [...]s and business of the said Company, and Plantation [...]

And further, we do, of our especial grace, certain knowl­edge, and more motion, give and 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 Assi [...]tants, 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 Ass [...]mbly; and that they, or the greatest part of them then present (whereof the Governor or De [...]uty-Governor, and six of the Assistants at least, to be se [...]en,) shall have, and have hereby given and granted unto them, full power and authority, from time to time, and [...]ll times hereafter, to appoint, alter and change such days, times and places of meeting, and general assembly, as they [...]hall think [...]t; and to choose, nominate and appoint such and so many per­sons as they shall think fit, and shall be wi [...]li [...] to accept the same, to be free of the said Company and body p [...]ti [...] and them into the same to admit; and to elect and consti­tute such offices and officers, and to grant such ne [...]df [...]l com­missions, as they shall think fit and requis [...]te for ordering, managing, and dispatching of the affairs of the s [...]d Gov­ernor and Company, and their successors; and from time to time to make, ordain, constitute and 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 herein after mentioned to be granted, and of the peop [...] that do, or at any time hereafter sh [...]l inhabit, o [...] b [...] within the same; so as such laws, ordinances and constitutions i [...] made, b [...] [...]ot contrary and [...]p [...]pa [...]t un [...]o [...] but (as near as [Page 119]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 hearing 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 officers, supe [...]ior 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, that 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; wher [...]by our said people, and inhabitants in the said Plan­tations may be so religiously, 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 obed [...]ence of the only true God and Saviour of mankind; willing, commanding and requiring, and by th [...]se presents for us, our heirs, and successors, or­daining [Page 120]and appointing, that all such laws, statutes, order, 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, perfo [...]med, and put in execu­tion, according to the true intent and meaning of the same. And th [...] ou [...] letters patent or the duplicate or exemp [...]fi­cation thereof, shall be, to all and every such officers, s [...]pe­ [...]i [...]r or inferior, from time to time, for the putting of the same orders, laws, statutes, ordinances, instructions, and dire [...]tions, 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 forever 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 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 be assembled, as is aforesaid, in any of their assemblies, to proceed [...] a new election of one or more of their Com­pany, in th [...] [...]om or place, rooms or places, of such officer or officers so dying, or removed, according to their direc­tions. [Page 121]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 ter­minate:—Provided always, and our will and pleasure is, that as well such as are by these presents appointed to be the present Governor, Deputy-Governor, [...]nd 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 Wm. 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 Cogeshall, 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 [Page 122]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 engagement 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 and 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 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, [Page 123]that shall be so as aforesaid, or by the Governor, or in his absence the Deputy-Gov [...]rnor, 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, [...]rray, 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 sitting ways, enterprises, and means whatsoever, all and every such person or persons, as shall at any time hereafter attempt or enterprise 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 suips, 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. 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 the 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 Plantations.

Also our will and pleasure is, and we do hereby declare unto all Christian kings, princes, and states, that it any per­son, who shall hereafter b [...] of [...]he said Company or Plan­tation, [Page 124]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, sit 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 for 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, shall have full and free power and liberty to continue and use the trade of fishing upon the said coast, in any of the s [...] 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 wharves, stages, and work-houses, as shall be necessary for the salt­ing, drying and keeping of their fish, to be taken or gotten upon that coast.

And further, for the encouragement of the inhab [...]an [...] of our said Colony of Providence Plantations to s [...]t upon the business of taking wh [...] [...] shall b [...] l [...]wf [...]l for th [...], [Page 125]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 plant [...] [...] and climate both seeming naturally to [...] production of vines) or be industrious in the [...] of fishing-banks, in or about the said Colony, we will, from time to time, give and allow all due and sitting 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 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 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 successors, or any law or statute of this realm; and also to ship and transport all and all manner of goods, chattels, 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 duties, [Page 126]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 straight 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 Sea­cunk river) up to the falls called Patucket falls, being the [Page 127]most w [...]stwardly line of Plymouth Colony; and so from the said falls, in a straight 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, Block-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 anywise appertaining—to have and to hold the same, unto the said Governor and Company, and their successors forever upon trust, for the use and benefit of themselves, and their associates, freemen of the said Colo­ny, their heirs and assigns;—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, n [...]r by knight's service;—yielding and paying there­for to us, our heirs and successors, only the fifth part of all the ore of gold 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, sines, for­feitures, made or to be made, claims or demands whatso­ever, to be to us, our heirs or successors, therefor 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 anywise notwithstanding; the aforesaid Pawcatuck river having been yielded, after much d [...]bate, 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, forever hereafter shall be construed, deemed and taken [Page 128]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 of public controversies, which may fall out between our Colony of Providence Plantations, 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 Providence Plantations, without let or molestation, to pass and re-pass 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 anywise 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 th [...] [...]ur letters pa­tent shall be firm, good, effectual, and ava [...]ble, in all things in the law, to all intents, constructions, and purposes whatsoever, according to our true intent and meaning here­in before declared; 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.

The State of Rhode-Island and Providence Plantations has not assumed a form of government different from that contained in the foregoing chapter. For in that, the King ceded to the Governor and Company, all powers, legisla­tive, executive, and judicial, reserving to himself, as an acknowledgment 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 [Page 129]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 further 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 pre-eminence.

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 rep [...]al laws, grant levies, dispose of lands belonging to the State, to particular towns and persons; to erect and style judicatories and officers, as they shall see necessary, for the good government of the people; also to call to account any court, magistrate, or other officer, for any misdemean­or and mal-administration; and for just cause, may sine, 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 Thursday of May and October.

[Page 131] The Governor, or, in his absence, the Deputy-Gover­nor, may call the Assembly, on special emergencies, to meet 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 field 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 house­holders, living within the limits of the Company; the per­sons, 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 Representatives, 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 votes, and declare the names of the persons chosen to [Page 132]said offices. Any freeman, 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 cou [...] [...] committee of both Houses, and the twenty persons, [...]ho 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 elections 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 freeman, on his taking an oath of fidelity to the State.

Th [...] [...]es of all, that are thus admitted, are enrolled in the T [...]wn- [...]'s office, and continue freemen during life, unless disfranchised by a sentence of the Superior Court, on conviction of a misdemeanor.

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, who 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 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.

[Page 133] The Superior and County Courts try matters of fact, by a jury, according to the course of the common law.

Justices [...] 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 sine 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.

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.

II. 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 separate 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.

III. 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 pre [...]nce whatever. And that [Page 135]all bills, which have passed the Senate and Assembly, shall, before they become laws, be presented to the said Council, for their 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 re-consider the said bill. But if, after such re-considera­tion, 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 re­considered, 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 Coucil 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, with in 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.

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

• For the city and county of New-York, nine.
• The city and county of Albany, ten.
• The county of Duchess, 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 136] V. 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 [...]roportioned to the number of electors, in the said counties respective [...]y, that the [...]gislature 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 hall be increased or diminished accordingly—that is to say, one Representative for every seventieth part as aforesaid.

VI. And whereas an opinion hath long prevailed among [...] of the good people of this State, that voting at elec­ [...] [...] by [...]allot would tend more to preserve the liberty and [...]qual 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 parsed by the Legisl [...]ture of this State, for causing all elections there­ [...]r to be he [...]d in this State, for Senators and Reprefe [...] ­ [...]s in Assembly, to be by ball [...]t, and directing the man­ner in which the same shall be conducted. And whereas it is p [...]le, that after all the care of the Legislature, in [...]aming the said act or acts, certain inconveniencies and m [...]ch [...]ss, unforeseen at this day, may be found to attend t [...]e said mode of electing by b [...]et:

It is further ordained, that if, after a f [...]ll and fair experi­ment shall be m [...]de of voting by ballot aforesaid, the same shall be found less conducive to the safety or interest of the State, th [...]n the method of voting viva voce, it shall be [...] and constitutional for the Legislature to abolish the [...] [...]ded two thirds of the members, present in each [Page 137]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.

VII. That every male inhabitant, of full age, who shall have personally resided within one of the counties of this State, for six months immediately preceding the day of election, shall, at such election, be entitled to vote for Representatives of the said county in Assembly; if, dur­ing the time aforesaid, he shall have been a freeholder, pos­sessing a freehold 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 freeman of the city of Albany, or who was made a freeman of the city of New-York, on or before the fourteenth day of 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.

VIII. 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 alleg [...]ance to the State.

IX. 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.

X. 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 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.

[Page 138] XI. 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.

XII. 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 Duchess, 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 chosen [...]s 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 [...] 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, [Page 139]to divide the same into such further and other counties and districts, as shall to them appear necessary.

XIII. 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 [...]ec [...]red to the subjects of this State by this Con­s [...]t [...]ion, unless by the law of the land, or the judgment of his peers.

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

XV. 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.

XVI. 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 the number of their respective electors; so that the representa­tion of the good people of this State, b [...]h in the Senate and Assembly, shall forever remain proportionate and adequate.

XVII. 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 [Page 140]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 co [...]ty; and that the person, who hath the greatest number of [...]tes within the said State, shall be Governor thereof.

XVIII. 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 be 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 further re­prieve.

XIX. 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 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.

XX. 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 [Page 141]of the Senate, and upon an equal division, have a casting voice in then 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 [...]ffice 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.

XXI. That whenever the government shall be admin­istered by he Lieutenant Governor, or he shall be unable to attend as President of the Senate, the Senators shall have [...]ower 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 of Gov­ernor, the Lieutenant Governor shall be impeached, dis­placed, resign, die, or be absent from the State, the Presi­dent of th [...] 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.

XXII. And this Convention doth further, in the name and by the authority of the good people of this State, or­dain, determ [...]e 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 b [...]anch of the Legislature.

XXIII. 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 [...]ll, o [...] 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 [...]ve a casting voi [...], but no [Page 142]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.

XXIV. 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.

XXV. 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.

XXVI. 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.

XXVII. And be it further ordained, that the Regis­ter, and Clerks in Chancery, be appointed by the Chancel­lor; the Clerks of the Supreme Court, by the Judges of the said Court; the Clerk of the Court of Probate, by the Judge of the said Court; and the Register and Marshal 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 Attornies, 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.

[Page 143] XXVIII. 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.

XXIX. That Town Clerks, Supervisors, Assessors, Constables, 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 the 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.

XXX. 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.

XXXI. That the style 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 Chancellor, or Chief Judge of the Court from whence they shall issue.

XXXII. 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 [Page 144]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 no have a voice for its affirmance or reversal.

XXXIII. 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 honour, 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.

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

XXXV. 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, [Page 145]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 particular 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.

XXXVI. And be it further ordained, that all grants of lands, 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, 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 misuser 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 [Page 146]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.

XXXVII. 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.

XXXVIII. 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, 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.

XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great 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.

XL. And whereas it is of the utmost importance to the safety of every State, that it should always be in a [Page 147]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) as, 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 ex­pense of this State, and by acts of the Legislature, establish­ed, maintained, and continued, in every county in this State.

XLI. 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 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.

XLII. And this Convention doth further, in the name and by the authority of the good people of 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 allegiance and subjec­tion to all and every foreign king, prince, potentate, and State, in all matters, ecclesiastical, as well as civil.

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 Colon [...]es 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 well­being 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, [Page 149]have, after mature deliberations, agreed upon a set of charter rights and the form of a Constitution, in manner following, viz.

I. That the government of this Province shall be vested in a Governor, Legislative Council, and General Assembly.

II. 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 are herein after men­tioned; and shall be and remain vested with all the powers and authority to be hold 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.

III. That on the second Tuesday in October yearly, and every year forever (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 ther [...] 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 number or proportion of the members of Assembly for any [Page 150]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.

IV. 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.

V. 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.

VI. 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 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.

VII. That the Council and Assembly jointly, at their 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 [...]ote 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 151] VIII. 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 captain­general 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.

IX. 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.

X. 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.

XI. 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.

XII. That the Judges of the Supreme Court shall continue in orfice for seven years: the Judges of the In­ferior Court of Common Pleas in the several counties, Justices 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.

XIII. That the inhabitants of each county, qualified to vote as aforesaid, shall at the time and place of electing [Page 152]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 fix freeholders of the county for which they were elected, they shall be immediately commissioned to serve in their respective offices.

XIV. That the townships, at their annual town meet­ings for electing other officers, shall choose constanbles 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.

XV. That the laws of the Colony shall begin in the following style, 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."

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

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

XVIII. 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 [Page 153]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.

XIX. That there shall be no establishment of any one religious sect in this Province, in preference to another; and that no Protestant inhabitant 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.

XX. 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.

XXI. That all the laws of this Province, contained in the edition lately published by Mr. Al [...]inson, 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.

XXII. That the common law of England, as well as so 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 [Page 154]right of trial by jury shall remain confirmed as a part of the law of this Colony, without repeal, forever.

XXIII. 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 Legisl [...]tive 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 of 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 empowered 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.

WE the people of the Commonwealth of Pennsylva­nia, ordain and establish this Constitution for its government.

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 Delegate [...], and consist of two Repre­sentatives, to be chosen for each county, and for the dis­trict of West-Augusta, annually, of such men as act [...]lly 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 Willi [...]ourgh, 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 [...]a­ture; but when any city or borough shall so decrease, as that the number of persons, having right of suffrage therein, [Page 210]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 rejected by the Senate, or to be amended, with 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 [Page 211]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, exxrcise 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 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 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; [Page 212]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 sa [...]aries, 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 th [...] advice of the Privy Council, shall appoint Justices of the Peace for the counties; and in case of vacancies, or a necessity of increasin [...] 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 [Page 213]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 be 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 forever disabled to hold any office under govern­ment, or be removed from such office pro tempore, or sub­jected to such pains or penalties as the laws 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 run, "In the name of the Commonwealth of Virginia," and bear test by the Gov­ernor, with the feal 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 place and d [...]ity of the Co [...]alth."

A Treasurer shall be appointed annually, by joint ballot of both Houses.

All es [...]eats, penalties, and forfeitures, heretofore going to the King, shall go to the Commonw [...]lth, saw only such as the Legislature may abol [...]h, or otherwise provide for.

[Page 214] The territories, contained within the Charters, erecting the Colonies of Maryland, Pennsyl [...]ania, North and South-Carolina, are hereby ceded, released, and forever 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 Patomaque 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 sixed 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 Alleghany 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.

WE, the Delegates of the People of the State of South Carolina, in General Convention met, do ordain and establish this Constitution for its government.

WE, the underwritten Delegates from the people, in Convention met, do declare, that the following articles shall form the Constitution for the government of this State; and, by virtue of the powers in us vested for that purpose, do hereby ratify and confirm the same.

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 those 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 State 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 more 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 from him ceased in the Amer­ican Colonies. And whereas the Territory, which now comprehends the State of Vermont, did antecedently of right belong to the government of New-Hampshire, and the former Governor thereof, viz. his excellency Benning Wentworth, Esq granted many charters of lands and cor­porations within this State to the present inhabitants and others. And whereas the late Lieutenant-Governor Col­den, of New York, with others, did, in violation of the tenth command, covet those very lands: and by a false [Page 247]representation, made to the Court of Great-Britain, (in the year 1764, that for the convenience of trade and adminis­tration of justice, the inhabitants were desirous of being an­nexed to that government) obtained jurisdiction of those very identical lands, ex parte, which ever was and is disa­greeable to the inhabitants. And whereas the Legislature of New-York ever have, and still continue to disown the good people of this State, in their landed property, which will appear in the complaints hereafter inserted, and in the 36th section of their present Constitution, in which is estab­lished the Grants of Land made by that government.

They have refused to make re-grants of our lands to the original Proprietors and Occupants, unless at the exorbi­tant rate of 2,300 dollars fees for each township; and did enhance the quitrent three-fold, and demanded an immedi­ate delivery of the title derived from New-Hampshire.

The Judges of their Supreme Court have made a sol­emn declaration, that the charters, conveyances, &c. of the lands included in the before-described premises, were ut­terly null and void, on which said title was founded. In consequence of which declaration, writs of possession have been by them issued, and the Sheriff of the county of Al­bany sent at the head of six or seven hundred men, to en­force the execution thereof.

They have passed an act, annexing a penalty thereto, of thirty pounds' fine, and six months' imprisonment, on any person who should refuse assisting the Sheriff, after being requested, for the purpose of executing writs of possession.

The Governors Dunmore, Tryon, and Colden, have made re-grants of several tracts of land included in the premises, to certain favourite land jobbers in the government of New-York, in direct violation of his Britannic Majesty's express prohibition, in the year 1767.

They have issued proclamations, wherein they have of­fered large sums of money for the purpose of apprehending those very persons, who have dared boldly and publickly to appear in defence of their just rights.

They did pass twelve acts of outlawry on the ninth day of March, A. D. 1774, empowering the respective Judges of their Supreme Court to award execution of death against those inhabitants in said district, that they should judge to be offenders, without trial.

[Page 248] They have and still continue an unjust claim to those lands, which greatly retards emigration into any settlement of this State.

They have hired foreign troops, emigrants from Scot­land, at two different times, and armed them to drive us out of possession.

They have sent the Savages on our frontiers to distress us.

They have proceeded to erect the counties of Cum­berland and Gloucester, and establish courts of justice there, after they were discountenanced by the authority of Great-Britain.

The free Convention of the State of New-York, at Har­lem, in the year 1776, unanimously voted, "That all quit­rents, formerly due to the King of Great-Britain, are now due, and owing to this Convention, or such future govern­ment as shall be hereafter established in this State."

In the several stages of the aforesaid oppressions, we have petitioned his Britannic Majesty in the most humble manner for redress, and have, at very great expense, re­ceived several reports in our favour: and in other instances, wherein we have petitioned the late legislative authority of New-York, those petitions have been treated with ne­glect. And whereas, the local situation of this State from New-York, which, at the extreme part, is upward of four hundred and fifty miles from the seat of that government, renders it extreme difficult to continue under the juris­diction of said State;

Therefore it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be henceforth a free and independent State, and that a just, permanent, and proper form of government should exist in it, derived from and founded on the authority of the peo­ple only, agreeable to the direction of the honourable American Congress.

We the Representatives of the freemen of Vermont, in General Convention met, for the express purpose of form­ing 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 [Page 249]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 o [...]r indispensable 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 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 forever 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.

WE, the people of the Territory of the United States, south of the river Ohio, having the right of admission into the General Government as 2 Member State thereof, consistent with the Constitution of the Uni­ted States, and the act of [...]on of the State of North-Carolina, recognizing the ordinance for the government of the Territory of the United States, northwest of the river Ohio, do ordain and establish the following Constitution, or form of government, and do mutually agree with each other to form ourselves into a free and independent State, by the name of THE STATE OF TENNESSEE.

WE, the Representatives of the People of the State of Kentuckey, in Convention assembled, do or­dain and establish this Constitution for its Government.