arloth ;
do;
lo;
do;
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ngs.
Amed a connexion in bu-
Vof HITCHCOCK &
IP NOTICE.
general assortment of
Fore No. 2 Long wharf,
RY HITCHCOCK.
H'L H. NASH.
o11-3is
eptf Oct 11
I
MICO.
VS Tobacco; 6 do Virgin-
IN BIAS LORD, 41 Long
HOT
ides.
oct 11
COSMITH, 136 State st.
Corner if yy.
AVE received by the late arrivals, a variety of
H COTTON, WOOLLEN and LINEN BRIT-
ISH GOODS.
100 packages of brown and bleached American
Sheetings and Shirtings, and Fancy Prints, purcha
sed at the late auction sale--All of which they of
fer sale by the package or piece, at a low advance
for cash or approved notes.
Bales of Flannels, (from the Salisbury factory)
white, red, green and yellow; and Green Bockings,
a reduced prices.
OF
eoislm
sept 15
STOVES, GRATES, &c.
Fevery description for burning Lehigh Coal,
for sale by LYMAN & RALSTON, 44 Mar
ket street, and 71 Broad street; at either of which
places orders will be received for Lehigh Coal.
L. & R. have also in their employ a skilful ma-
son, from Philadelphia, accustomed to set Grates,
etc.
Cash must be paid for Coal in smaller quan-
a Sves, entitled to deben- tities than five tons.
10
FLOUR.
oct 11
HOn, and 232 bbls. Balti-
Holour, from new Wheat,
so from
THONI C.
Wa Sl No
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Va SIHJ
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For
30,000
istr
sept 30
FEET Cherry Tree Boards, Plank
and Joist, of superior quality.
-ALSO-
St. Domingo and Bay Mahogany, in Boards, Plank
and Joist.
—LIKEWISE—
1 VonBets.
ХООЯ
448±
E24T+& SSVIO
Elirte
ANNINGO
by WILLIAM
Roxbury line.
OFFEE, &c.
for sale at 25,
d qualities
Quills;
g Copper;
acco
d;
e;
ra Skirs.
DLK.
erest, issued on
ITIA 2
NAIVA
god out
Anisod I!!
SATY
SKALLYV SMAINWO
COMMUNE VIKULUM
6m
UR.
1
approved brand
wharf, by STA
disst
Oct 9
The
Cafe J
Спола Яло
AT THI
erty.
11
bain
ice.

VOLUME III. any Oct. 11, 1826.
PUOLISHED DAILY
BY JOSEPH T. BUCKINGHAM,
Editor and Proprietor, Congress-Street, Boston.
CLARK & ADAMS, Printers.
TERMS. EIGHT DOLLARS a year, payable
ceini-annually in advance. N、 subscription received
for a term less than one quarter,and no subscription
discontinued till ail arrearages are paid, but at the
decision of the proprietor.
AGENTS.
New-York, R. P. Bush, No. 20, Wall-street
Baltimore, Md. WILLIAM PORTER
Portland, Me. BARNET PETERS
Exeter, N. H. J. BURLEY, Postmaster.
Windsor, Vermont, FREDERICK PETTIS.
Newburyport, Mass. M. LORD, Postmaster.
глюдину,
take the helm or command of a ship on the point of
running aground among the breakers. This uni-
versal confidence would have proved universal mis-
take, had it not been justified by the event. The
unanimous opinion entertained and declared by a
whole people in favour of any fellow-citizen is
rarely erroneous, especially in times of alarm and
calamity.
To delineate the course, and enumerate the meas-
ures which he took to arrive at success, would be
to write a volume. The firmness and policy with
which he overcome the obstacles placed in his way
by the derangement of national affairs, by the de-
vices of domestic demagogues and of foreign agents
as well as by the deleterious influences of the
French revolution, need not be particularized. Our
records, and histories, and memories, render it un-
necessary. It is sufficient to say, and it can be said
WEDNESDAY, OCTO
on a day for an interview at my house on the sub-
ject. A day was accordingly appointed, and on
that day Col. Hamilton attended. He sbserved to
me in words to this effect, that after having read
and examined the draft, it appeared to him to be
susceptible of improvement. That he thought the
easiest and best way was to leave the draft un-
touched, and in its fair state; and to write the
whole over with such amendments, alterations and
corrections, as he thought were advisable, and that
he had done so; he then proposed to read it, and
we proceeded deliberately to discuss and consider
it, paragraph by paragraph, until the whole met
with our mutual approbation. Some amendments
were made during the interview, but none of much
importance.
Although this business had not been hastily des-
patched, yet aware of the consequence of such a pa-
Providence, R. I. MARTIN ROBINSON, No. 7, with truth, that his administration raised the nation per, I suggested the giving it a further critical ex-
out of confusion into order, out of degradation and amination; but he declined it, saying he was press-
distress into reputation and prosperity; it found used for time, and was anxious to return the draft to
withering-it left us flourishing.
the President without delay.
Westminster-Row.
WASHINGTON'S VALEDICTORY.
LETTER FROM THE HONOURABLE JOHN JAY TO
HONOURABLE RICHARD PETERS.
Bedford, March 29th, 1811.,
DEAR SIR,-I have received your letter of the
14th ult. and also the book on Plaster of Paris,
which you was so obliging as to send me, and for
which accept my thanks.
Your letter conveyed to me the first and only in-
formation I have received, that a copy of President
Washington's Valedictory Address has been found
among the papers of General Hamilton, and in his
hand-writing; and that a certain gentleman had
also a copy of it, in the same hand writing.
+
This intelligence is unpleasant and unexpected.
Had the address been one of those official papers
which in the course of affairs, the Secretary of the
proper department might have prepared, and the
proper department might have prepared, and the
President have signed, these facts would have been
but it was a personal act of choice,
unimportant;
not of official duty; and it was so connected with
not of official duty; and it was so connected with
other obvious considerations as that he only could
with propriety write it. In my opinion President
Washington must have been sensible of this pro-
priety, and therefore strong evidence would be
necessary to make me believe that he violated it.
Whether he did or did not, is a question which
naturally directs our attention to whatever affords
presumptive evidence respecting it, and leads the
mind into a long train of correspondent reflections.
I will give you a summary of those which have oc-
curred to me; not because I think them necessary
to settle the point in question, for the sequel will
show that they are not, but because the occasion
invites me to take the pleasure of reviewing and
bearing testimony to the merits of my departed
friend.
Is it to be présumed from these facts that General
Hamilton was the real, and the President only the
reputed author of that Address? Although they
countenance such a presumption, yet I think its
foundation will be found too slight and shallow, to
resist that strong and full stream of counter evi-
dence which flows from the conduct and character
of that great man; a character not blown up into
transient splendor by the breath of adulation, but
which, being composed of his great and memorable
deeds, stands, and will forever stand a glorious
monument of human excellence.
Is it to be believed that after having thus led the
nation out of a bewildered state, and guided them
for many years from: one degree of prosperity to
another, he was not qualified, on retiring, to ad-
vise them how to proceed and go on? And what
but this is the object and the burthen of his Vale-
dictory Address? Fie was persuaded that, as the
national welfare had been recovered and establish-
ed, so it could only be preserved and prolonged by
a continued and steady adherence to those princi-
ples of sound policy and impartial justice which
had invariably directed his administration.
Although the knowledge of them had been spread
there a little, yet being desirous to mark even the
and scattered among the people, here a little, and
last day of his public life by some act of public
utility, he addressed and presented them to his fel-
low citizens in points of light so clear and strong
as to make deep impressions on the public mind.
These last parental admonitions of this Father of
his Country were gratefully received and universal-
that it is less difficult to give good advice than to
ly admired; but the experience of ages informs us,
prevail on men to follow it.
་
ing considerations, as to render doubts of the Pres-
Such, and so obvious is the force of the preced-
ident's ability to give the advice contained in the
But it would not surprise me, if certain classical
address too absurd to have many serious advocates.
gentlemen, associating the facts you mention with
mate that his ability to compass it substantially in
the style end fashion of the address, should inti-
his mind does not prove that he was also capable
written. Let these gentlemen recollect the classi-
of communicating his advice in a paper so well
cal maxim which they learned at school :
"Scribendi recte, sape
fons."
est, et principium, et
They may also be referred to another classical
maxim, which teaches us that they who will un-
derstand their subject, will be at no loss for words :
«
Verbaque provisam rem non invita sequentur."
But his ability to write well need not be proved
by the application of maxims; it is established by
facts.
us in like manner judge of his pen by its perform-
We are told to judge of a tree by its fruit; let
ances. Few men who had so little leisure have
So prone, however, is poor human nature' to
written so much.
dislike and depreciate the superiority of its cotem-voluminous, and public opinion has done justice
His public letters alone are
poraries, that when these facts come to be generally to their merits. Many of them have been publish-
known, (and generally known they will be.) many ed, and they who read them will be convinced that
with affected regret and hesitation will infer and at the period of the address he had not to learn
hint that Washington had less greatness of talent, how to write well.
and less greatness of mind, than his friends and ad- the address is more highly finished than the letters,
But it may be remarked that
mirers ascribed to him. Nor will the number of and so it ought to be; that address was to be pre-
those be few, who, from personal or party induce- sented to the whole nation, and on no common
ments, will artfully encourage, and diligently en- occassion; it was intended for the present and fu-
deavor to give currency to such imputations. On ture generation; it was to be read in this country
the other hand, there are men of candor and judg- and in foreign countries; and to be criticised not:
ment, (and time will increase their number,) who, only by affectionate friends and impartial judges,
aiming only at truth, will cheerfully trace and fol- but also by envious and malignant enemies. It was
low its footsteps, and on finding, fondly embrace it.
Urged by this laudable motive, they will attentively not correspond with his exalted character and fame,
an address which, according as it should or should
examine the history of his life; and in it they will would either justify or impeach the prevailing
meet with such numerous proofs of his knowledge opinion of his talents or wisdom.
and experience of men, and things in general, and
Who, therefore,
of our national affairs in particular, as to silence all and time, and pains, on that address, than a let-
can wonder that he should bestow more thought
doubts of his ability to conceive and express every ter?
idea in that address. A careful perusal of that his-
tory will convince them that the principles of policy
which it recommends as rules for the conduct of
others, are precisely those by which he regulates
his own.
on his own judgment, yet no man was more solici
Although in the habit of depending ultimately
tous to obtain and collect light on every question
and measure on which he had to decide. He knew
to discover imperfections in their offspring, and that
that authors, like parents, are not among the first
consideration would naturally induce him to imi-
ers, (among whoni were statesmen, generals, and
tate the example of those ancient and modern writ-
mitted their compositions to the judgment of their
even men of consular and royal dignity,) who sub-
friends before they put the last hand to them.-
Those friends would make notes of whatever de-
fects they observed in the draft, and of the corres-
pondent amendments which they deemed proper.
If they found that the arrangement would be im-
proved, they would advise certain transpositions
if the connexion between any of the relative parts
was obscure, they would make it more apparent-if
expressed, they would strike it out, and so vice ver-
a conclusion had better be left to implication than
sa, if an additional remark or allusion would give
force or light to a sentiment or proposition, they
they would divide it-they would correct redun-
would propose it-where a sentence was too long
dancies, change words less apt for words more apt,
&c. &c. &c. To correct a composition in this way,
is to do a friendly office, but to prepare a new one,
and offer it to the author as a substitute for his own,
would deserve a different appellation.
There have been in the world but two systems
or schools of policy, the one founded on the great
principles of wisdom and rectitude, the other on
cunning, and its various artifices To the first of
these belonged Washington, and all the other wor-
thies of every country who ascended to the temple
of honor through the temple of virtue. The doc
trines, maxims and precepts of this school have
been explained and inculcated by the ablest writers,
ancient and modern. In all civilized countries they
are known, though often neglected; and in free
states have always been publicly commended and
taught; they crossed the Atlantic with our fore-
fathers, and in our days particularly, have not only
engaged the time and attention of students, but
have been constantly displayed by able men in our
senates and assemblies. What reason can there be
senates and assemblies. What reason can there be
that Washington did not understand those subjects?
If it be asked what those subjeets comprehend or
relate to, the answer is this-they relate to the na-
ture and duties of man, to his propensities and pas-
sions, his virtues and vices, his habits and prejudi-
ces, his real and relative wants and enjoyments,
his capacities for social and national happiness, and
the means by which, according to time, place, and
other existing circumstances, it is in a greater or
less degree to be procured, preserved and increased. President Washington would commit such an in-
Among those to whose judgment and candor,
From a profound investigation of these subjects, teresting and delicate task, where is the man to
enlightened by experience, result all that know be found, who would have the hardihood to say to
ledge and those maxims and precepts of sound poli-him in substance, though in terms ever so nice and
Cy, which enable legislators and rulers to manage courtly-" Sir, I have examined and considered,
and govern public affairs wisely and justly.
By what other means than the practical use of this
knowledge could Washington have been able to
Fead and govern an army hastily collected from va-
rious parts, and who brought with them to the held
all the license and all the habits which they had
indulged at home? Could he by the force of orders
and proclamations, have constrained them to ren-
der to him that obedience, confidence and warm at-
tachment which he so soon acquired, and which,
throughout all vicissitudes and distresses, continu-
cd constant and undiminished to the last? By
what other means could he have been able to frus-
trate the design of dark cabals, and the unceasing
intrigues of envious competitors, and the arts of
the opposing enemy? By what other means could
he have been able in so masterly a manner to meet
and manage those perplexing embarrassments
which the revolutionary substitution of a new gov-
ernment,-which the want of that power in con-
gress which they had not, and of that promptitude
which no deliberative body can have, which the
frequent destitution and constant uncertainty of
essential supplies,—which the incompetency of in-
dividuals on whem much depended, the perfidy of
others and the mismanagement of many, could not
fail to engender? We know, and history will in-
form posterity, that, from the first of his military
career, he had to meet and encounter, and sur-
mount a rapid succession of formidable difficulties,
even down to the time when his country was ena-
bled, by the success of their arms, to obtain the
honorable peace which terminated the war. His
high and appointed course being then finished, he
disdained the intimations of lawless ambition to
prolong it. He disbanded the army under circum-
stances which required no common degree of poli-
cy or virtue; and with universal admiration and
plaudits, descended joyfully and serenely, into the
shades of retirement. They who ascribe all this to
the guidance and protection of Providence do well,
but let them recollect that Providence seldom in-
terposes in human affairs, but through the agency
ef human means.
When at a subsequent and alarming period, the
nation found that their affairs had gone into confu-
on, and that clouds portending danger and dis-
ess were rising over them in every quarter, they
stituted under his auspices a more efficient gov-
ment and unanimously committed the adminis
tion of it to him. Would they have done this
hout the highest confidence in his political tal-
and wisdom. Certainly not-no novice in
gation was over unanimously called upon to
1
good for nothing, but, sir, I have taken the trouble
your draft of an address-it will not do-it is really
to write a proper one for you, and I now make you
a present of it. I advise you to adopt it, and to
pass it on the world as your own, the cheat will
secrecy-Sir, I have inserted in it a paragraph that
never be discovered, for you may depend on my
will give the public a good opinion of your modesty.
I will read it to you, it is in these words."
.
Not unconscious in
that I have with good intentions contributed to-
"In the discharge of this trust I will only say,
wards the organization and administration of the
government, the best exertions of which a very fal-
lible judgment was capable.
the outset of the inferiority of my qualifications,
experience in my own eyes, perhaps still more in
the eyes of others, has strengthened the motives tò
diffidence of myself."
he esteemed, capable of offering to him such a pres-
If it be possible to find a man among those whom
ent, it is impossible to believe that President Wash-
ington was the man to whom such a present would
have been acceptable. They who knew President
Washington,and his various endowments, qualifica-
tions and virtues, know that, (aggregately consider-
ed) they formed a tout ensemble which has rarely
been equalled, and perhaps never excelled.
Thus much for presumptive evidence. I will
now turn your attention to some that is direct.
is not unknown to me; but as I came to the know-
The history (if it may be so called) of the address
ledge of it under implied confidence, I doubted,
when I first received your letter, whether I ought
to disclose it. On more mature reflection I be-
came convinced that if President Washington were
he would not only authorise, but also desire me to
now alive, and informed of the facts in question,
reduce it to writing; that when necessary it might
be used to invalidate the imputations to which
those facts give colour.
}
not think that a disclosure is necessary at this mo-
This consideration terminated my doubts. I do
ment, but I fear such a moment will arrive.
give testimony is so uncertain, that in order to avoid
Whether I shall then be alive, or in capacity to
the risk of either, I shall now reduce it to writing,
and commit it to your care and discretion, “De
bene esse" as the lawyers say.
(afterwards General) Hamilton, informed me that
Some time before the address appeared, Colonel
he had received a letter from President Washing-
ton, and with it the 'draft of a Farewell Address,
which the President had prepared, and on which
he requested our opinion. He then proposed to fix
It afterwards occurred to me that a certain pro-
position was expressed in terms too general and un-
qualified; and I hinted it in a letter to the Presi
dent. As the business took the course above men-
tioned, a recurrence to the draft was unnecessary,
and it was not read. There was this advantage in
the course pursued; the President's draft remained
(as delicacy required) fair and not obscured by in-
terlineations, &c. By comparing it with the paper
sent with it, he would immediately observe the par-
ticular emendations and corrections, that were pro-
posed, and would find them standing in their in-
tended places. Hence he was enabled to review;
greater clearness and facility, than if he had re-
and to decide on the whole matter, with much
ceived them in separate and detached notes, and
with detailed references to the pages and lines
where they were advised to be introduced.
With great esteem and regard, I am, dear sir,
JOHN JAY
your obedient servant,
The Hon. Richard Peters.
.
}

THE
2.Antinp
FREEMAN'S GUIDE:
..
CONTAINING
THE FEDERAL CONSTITUTION,
AND THE

CONSTITUTIONS
+
OF THE
DIFFERENT STATES
OF THE
UNITED STATES OF AMERICA:
WITH THE LATEST AMENDMENTS.
TO WHICH ARE PREFIXED,
The Declaration of Independence, and Washington's Farewell Address
to the Citizens of the United States.
CHARLESTOWN, (Ms.)
PRINTED AND PUBLISHED BY SOLOMON B. BREGA.
>
37%
18128

My Preface to reading the Declanation of Indi
alt Lancaster H. H. July 4th 1823.
of
Previous to this exercise, my friends & Camitrymen,
permit me to assure you that I joy to find, in the assembli
of yourselfers together this day & in this manner; d
a prod
of the existence of that calm & holy principle
patriotism, which, like the steady Vestal flame
Spray Gott, me
may presenus unquenchable
foncher.
And before
we are transported
back in imagination to the glowing senes
176, it seems proper to renbank, that, by the
reading of the admirable manifesto of our
Rights & their infringement, it is not intend
ed to reawaken the odling spirit of party nor
to revive those feelings of hostility (once so just)
against a Nation with whom we are now
at peace, but to perpetuate the remembrance
of an Act (the primal cause of this day's
festivity which, while it reflects havon
on the great statesman who draughter it,
has emblazoned also the other sages of that
Convention with imperishable
imperishable glory.
H.B. On the above occasion
Jared W. Williams was Oraton.
34 2.73
F877
DECLARATION OF INDEPENDENCE.
•
•
IN CONGRESS, JULY 6, 1776.
By the Representatives of the United States of America, in
Congress assembled,
A DECLARATION :
WHEN, in the course of human events, it becomes neces-
sary 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 for
the opinions of mankind, requires that they should declare the
causes which impelled them to the separation.
We hold these truths to be self evident-that all men are cre-
ated equal; that they are endowed by their Creator with certain
unalienable rights; that among these are life, liberty, and the pur-
suit of happiness. That, to secure these rights, governments are
instituted among men, deriving their just powers from the con-
sent of the governed; that whenever any form of government be-
comes destructive of these ends, it is the right of the people to al-
ter or abolish it, and to institute a new government, laying its
foundation on such principles, and organizing its powers in such
form, as to them shall seem most likely to effect their safety and
happiness. Prudence, indeed, will dictate, that governments long
established should not be changed for light and transient causes;
and accordingly all experience hath shewn, that mankind are
more disposed to suffer, while evils are sufferable, than to right
themselves by abolishing the forms to which they are accus-
tomed. But when a long train of abuses and usurpations, pursu-
ing 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 now is 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,
BAY
31
'29
THE FREEMAN'S GUIDE.
all having in direct object the establishment of an absolute ty-
ranny 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 ut-
terly neglected to attend to them.
He has refused to pass other laws for the accommodation of
large districts of people, unless those people would relinquish
the righ of representation in the Legislature-a right inestima-
ble 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 a compliance
with his measures.
He has dissolved Representative Houses repeatedly, for oppo-
sing, with manly firmness, his invasions on the rights of the peo-
ple.
He has refused for a long time after such dissolutions, to cause
others to be electerl; whereby the legislative powers, incapable
of annihilation, have returned to the people at large, for their ex-
ercise; the state remaining in the mean time, exposed to all the
danger of invasion from without, and convulsions within.
He has endeavored to prevent the population of these states,
for that purpose obstructing the laws for naturalization of fo-
reigners: refusing to pass others, to encourage their migration
hither, and raising the conditions of new appropriation 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 te-
nure 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 harrass our people and eat out their sub-
stance.
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 su-
perior 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:-
DECLARATION OF INDEPENDENCE.
LA
5
For protecting them by a mock trial, from punishment of any
murder 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 of-
fences:-
For abolishing the free system of English law in a neighbor-
ing 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 them-
selves invested with power, to legislate for us in all cases what-
soever.
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 mer-
cenaries, to complete the works of death, desolation and tyranny,
already begun, with circumstances of cruelty and perfidy, scarce-
ly parallelled 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 ex-
ecutioners of their friends and brethren, or to fall themselves by
their hands.
He has excited domestic insurrections among us, and has en-
deavored to bring on the inhabitants of our frontiers, the merci-
less Indian savages, whose known rule of warfare is an undis-
tinguished destruction of all ages, sexes, and conditions.
In every stage of these oppressions, we have petitioned for re-
dress, in the most humble terms: Our petitions haye been an-
swered only by repeated injury. A prince whose character is
thus marked, by every act which may define a tyrant, is unfit to
be the ruler of a free people.
Nor have we been wanting in attention to our British bre-
thren. We have warned them, from time to time, of attempts
made by their legislature, to extend an unwarrantable jurisdic-
2. A
THE FREEMAN'S GUIDE.
tion 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 connections and correspon-
dence. They, too, have been deaf to the voice of justice and con-
sanguinity. 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 Su-
preme 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 Colo-
nies 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 connection between them and the state of
Great Britain, is and ought to be totally dissolved; and that, as
free and independent states, they have full power to levy war,
conclude
peace, contract alliances, establish commerce, and to
do all other acts and things which independent states may of
right do. And for the support of this declaration, with a firm re-
liance on the protection of Divine Providence, we mutually
pledge to each other our lives, our fortunes, and our sacred ho-
nor. Signed by order and in behalf of the Congress,
JOHN HANCOCK, President.
Attested, CHARLES THOMSON, Secretary.
New-Hampshire Josiali Bartlett, William Whipple, Matthew
Thornton.
Massachusetts-Bay-Samuel Adams, John Adams, Robert
Treat Paine, Elbridge Gerry.
Rhode Island, Stephen Hopkins, William Ellery.
Connecticut Roger Sherman, Samuel Huntingdon, William
Williams, Oliver Wolcott
New-York--William Floyd, Philip Livingston, Francis Lew-
is, Lewis Morris.
New-Jersey-Richard Stockton, John Witherspoon, Francis
Hopkinson, John Hart, Abraham Clark.
Pennsylvania-Robert Morris, Benjamin Rush, Benjamin
Franklin, John Morton, George Clymer, James Smith, George
Taylor, James Wilson, George Ross.
Delaware Cæsar Rodney, George Read.
Maryland Samuel Chase, William Paca, Thomas Stone,
Charles Carroll, of Carrollton.
WASHINGTON'S FAREWELL ADDRESS.
Virginia-George Wythe, Richard Henry Lee, Thomas Jef-
ferson, Benjamin Harrison, Thomas Nelson, jun. Francis Light-
foot Lee, Carter Braxton.
North-Carolina-William Hooper, Joseph Hewes, John Peen.
South-Carolina-Edward Rutledge, Thomas Heyward, jun.
Thomas Lynch, jun. Arthur Middleton.
Georgia-Button Gwinnet, Lyman Hall, George Walton.
WASHINGTON'S
FAREWELL ADDRESS TO THE PEOPLE OF THE UNITED STATES. -
Friends and Fellow-citizens,
THE period for a new election of a citizen to administer the
executive government of the United States, being not far dis-
tant, and the time actually arrived when your thoughts must be
employed in designating the person who is to be clothed with
that important trust, it appears to me proper, especially as it
may conduce to a more distinct expression of the public voice,
that I should now apprize you of the resolution I have formed,
to decline being considered among the number of those, out of
whom a choice is to be made.
I beg you, at the same, to do me the justice to be assured, that
this resolution has not been taken, without a strict regard to all
the considerations appertaining to the relation which binds a du-
tiful citizen to his country; and that, in withdrawing the tender
of service, which silence in my situation might imply, I am in-
fluenced by no diminution of zeal for your future interest; no de-
ficiency of grateful respect for your past kindness; but am sup-
ported by a full conviction that the step is compatible with both.
The acceptance of, and continuance hitherto in the office to
which your suffrages have twice called me, have been an uni-
form sacrifice of inclination to the opinion of duty, and to a de-
ference for what appeared to be your desire. I constantly hoped
that it would have been much earlier in my power, consistently
with motives which I was not at liberty to disregard, to return
to that retirement from which I had been reluctantly drawn.---
The strength of my inclination to do this, previous to the last
election, had even led to the preparation of an address to declare
it to you; but mature reflection on the then perplexed and criti-
3
THE FREEMAN'S GUIDE...
cal posture of our affairs with foreign nations, and the unanim-
ous advice of persons entitled to my confidence, impelled me to
abandon the idea.
I rejoice that the state of your concerns, external as well as
internal, no longer renders the pursuit of inclination incompati-
ble with the sentiment of duty or propriety; and am persuaded,
whatever partiality may be retained for my services, that in the
present circumstances of our country, you will not disapprove
my determination to retire.
The impressions with which I first undertook the arduous
trust, were explained on the proper occasion. In the discharge
of this trust, I will only say that I have, with good intentions,
contributed towards the organization and administration of the
government, the best exertions of which a very fallible judgment
was capable. Not unconscious in the outset, of the inferiority of
my qualifications, experience, in my own eyes, perhaps still more
in the eyes of others, has strengthened the motives to diffidence
of myself; and, every day, the increasing weight of years admo-
nishes me more and more, that the shade of retirement is as ne-
cessary to me as it will be welcome. Satisfied that if any cir-
cumstances have given peculiar value to my services, they werė
temporary, I have the consolation to believe that, while choice
and prudence invite me to quit the political scene, patriotism
does not forbid it.
In looking forward to the moment which is to terminate the
career of my political life, my feelings do not permit me to sus-
pend the deep acknowledgment of that debt of gratitude which
I owe to my beloved country, for the many honors it has con-
ferred upon me; still more for the stedfast confidence with which
it has supported me; and for the opportunities I have thence en-
joyed of manifesting my inviolable attachment, by services faith-
ful and persevering, though in usefulness unequal to my zeal.
If benefits have resuited to our country from these services, let
it always be remembered to your praise, and as an instructive
example in our annals, that under circumstances in which the
passions, agitated in every direction,were liable to mislead amidst
appearances sometimes dubious, vicissitudes of fortune often
discouraging-in situations in which not unfrequently, want of
success has countenanced the spirit of criticism—the constancy
of your support was the essential prop of the efforts, and the gua-
rantee of the plans, by which they were effected. Profoundly
penetrated with this idea, I shall carry it with me to my grave,
as a strong incitement to unceasing vows that heaven may con-
tinue to you the choicest tokens of its beneficience-that your
WASHINGTON'S FAREWELL ADDRESS.
9
union and brotherly affection may be perpetual-that the free
constitution, which is the work of your hands, may be sacredly
maintained, and its administration in every department may be
stamped with wisdom and virtue-that, in fine, the happiness of
the people of these states, under the auspices of liberty, may be
made complete with so careful a preservation, and so prudent a
use of this blessing, as will acquire to them the glory of recom-
mending it to the applause, the affection, and adoption of every
nation which is yet a stranger to it.
Here, perhaps, I ought to stop. But a solicitude for your wel-
fare, which cannot end but with my life, and the apprehension
of dangar, natural to that solicitude, urge me, on an occasion like
the present, to offer to your solemn contemplation, and to recom-
mend to your frequent review, some sentiments which are the
result of much reflection, of no inconsiderable observation, and
which appear to me all-important to the permanency of your fe-
licity as a people. These will be offered to you with the more
freedom, as you can only see in them the disinterested warnings
of a parting friend, who can possibly have no personal motive to
bias his counsel. Nor can I forget, as an encouragement to it,
your indulgent reception of my sentiments on a former and not
dissimilar occasion.
Interwoven as is the love of liberty with every ligament of
your hearts, no recommendation of mine is necessary to fortify
or confirm the attachment.
The unity of government which constitutes you one people, is
also now dear to you. It is justly so; for it is a main pillar in the
edifice of your real independence; the support of your tranquil-
lity at home; your peace abroad; of your safety; of your pros-
perity; of that very liberty which you so highly prize. But, as it
is easy to foresee that, from different causes and from different
quarters, much pains will be taken, many artifices employed, to
weaken in your minds the conviction of this truth; as this is the
point in your political fortress, against which the batteries of in-
ternal and external enemies will be most constantly and actively
(though often covertly and insidiously) directed; it is of infinite
moment, that you should properly estimate the immense value
of your national union to your collective and individual happi-
ness; that you should cherish a cordial, habitual, and immova-
ble attachment to it; accustoming yourselves to think and speak
of it as of the palladium of your political safety and prosperity;
watching for its preservation with jealous anxiety; discounte-
nancing whatever may suggest even a suspicion that it can, in
in any event, be abandoned; and indignantly frowning upon the
10
THE FREEMAN'S GUIDE.
first dawning of every attempt to alienate any portion of our
country from the rest, or to enfeeble the sacred ties which now
link together the various parts.
•
For this you have every inducement of sympathy and interest.
Citizens by birth, or choice, of a common country, that country
has a right to concentrate your affections. The name of Ameri-
can, which belongs to you in your national capacity, must always
exalt the just pride of patriotism, more than any appellation de-
rived from local discriminations. With slight shades of difference,
you have the same religion, manners, habits, and political prin-
ciples. You have, in a common cause, fought and triumphed to-
"gether; the independence and liberty you possess, are the work
of joint counsels, and joint efforts, of common dangers, suffer-
ings, and successes.
But these considerations, however powerfully they address
themselves to your sensibility, are greatly outweighed by those
which apply more immediately to your interest. Here, every
portion of our country finds the most commanding motives
for carefully guarding and preserving the union of the whole.
The north, in an unrestrained intercourse with the south, pro-
tected by the equal laws of a common government, finds in the
productions of the latter, great additional resources of maritime
and commercial enterprize, and precious materials of manufac-
turing industry.The south, in the same intercourse, bene-
fitting by the same agency of the north, sees its agriculture grow
and its commerce expand. Turning partly in its own channels
the seamen of the north, it finds its particular navigation invigo-
rated; and while it contributes, in different ways, to nourish and
increase the general mass of the national navigation, it looks for-
ward to the protection of a maritime strength, to which itself is
unequally adapted. The east, in a like intercourse with the west,
already finds, and in the progressive improvement of interior
communications by land and water, will more and more find a
valuable vent for the commodities which it brings from abroad, or
manufactures at home. The west derives from the east supplies re-
quisite to its growth and comfort, and what is perhaps of still great-
er consequence, it must of necessity owe the secure enjoyment of
indispensable outlets for its own productions, to the weight, in-
fluence, and the future maritime strength of the Atlantic side of
the union, directed by an indissoluble community of interest as
one nation. Any other tenure by which the west can hold this es-
sential advantage,whether derived from its own separate strength,
or from an apostate and unnatural connection with any foreign
power, must be intrinsically precarious.
WASHINGTON'S FAREWELL ADDRESS,
14
While then every part of our country thus feels an immediate
and particular interest in union, all the parts combined cannot
fail to find in the united mass. of means and efforts, greater
strength, greater resource, proportionably greater security from
external danger, a less frequent interruption of their peace by
foreign nations; and what is of inestimable value, they must de-
rive from union an exemption from those broils and wars be-
tween themselves, which so frequently afflict neighboring coun
tries not tied together by the same government; which their own
rivalships alone would be sufficient to produce, but which oppo-
site foreign alliances, attachments, and intrigues, would stimu-
late and embitter. Hence, likewise, they will avoid the necessity
of those overgrown military establishments, which under any
form of government are inauspicious to liberty, and which are
to be regarded as particularly hostile to republican liberty. In
this sense it is, that your union ought to be considered as a main
prop of your liberty, and that the love of the one ought to endear
to you the preservation of the other,
These considerations speak a persuasive language to every
reflecting and virtuous mind, and exhibit the continuance of the
union as a primary object of patriotic desire. Is there a doubt,
whether a common government can embrace so large a sphere?
let experience solve it. To listen to mere speculation in such a
case were criminal. We are authorised to hope that a proper
organization of the whole, with the auxiliary agency of govern-
ments for the respective subdivisions, will afford a happy issue
to the experiment. It is well worth a fair and full experiment.
With such powerful and obvious motives to union, affecting all
parts of our country, while experience shall not have demon-
strated its impracticability, there will always be reason to distrust
the patriotism of those who, in any quarter, may endeavor to
weaken its bands.
In contemplating the causes which may disturb our union, it
occurs as matter of serious concern, that any ground should have.
been furnished for characterizing parties by geographical discri-
minations--northern and southern-Atlantic and westerni J
whence designing men may endeavor to excite a belief that
there is a real difference of local interests and views. One of
the expedients of party to acquire influence within particular
districts, is to misrepresent the opinions and aims of other dis-
tricts. You cannot shield yourselves too much against the jealou-
sies and heart burnings which spring from these misrepresenta
tions; they tend to render alien to each other those who ought
to be bound together by fraternal affection. The inhabitants of
12
THE FREEMAN'S GUIDE.
our western country have lately had an useful lesson on this head;
they have seen, in the negotiation by the executive, and in the
unanimous ratification by the senate of the treaty with Spain,
and at the universal satisfaction at the event throughout the Uni-
ted States, a decisive proof how unfounded were the suspicions
propagated among them, of a policy in the general government
and in the Atlantic states, unfriendly to their interests in regard
to the Mississippi. They have been witnesses to the formation
of two treaties, that with Great Britain and that with Spain,
which secure to them every thing they could desire, in respect
to our foreign relations, towards confirming their prosperity.-
Will it not be their wisdom to rely for the preservation of these
advantages on the union by which they were procured? will they
not henceforth be deaf to those advisers, if such there are, who
would sever them from their brethren, and connect them with
aliens?
To the efficacy and permanency of your union, a government
for the whole is indispensable. No alliances, however strict, be-
tween the parts can be an adequate substitute; they must inevit-
ably experience the infractions and interruptions which all alli-
ances, in all times, have experienced. Sensible of this momen-
tous truth, you have improved upon your first essay, by the adop-
tion of a constitution of government better calculated than your
former for an intimate union, and for the efficacious manage-
ment of your common concerns. This government, the offspring
of your own choice uninfluenced and unawed, adopted upon full
investigation and mature deliberation, completely free in its
principles, in the distribution of its powers uniting security with
energy, and containing within itself a provision for its own
amendment, has a just clain to your confidence and your sup-
port. Respect for its authority, compliance with its laws, acqui-
escence in its measures, are duties enjoined by the fundamental
maxims of true liberty. The basis of our political systems is the
right of the people to make and to alter their constitutions of
government. But the constitution which at any time exists, un-
til changed by an explicit and authentic act of the whole people,
is sacredly obligatory upon all. The very idea of the power and
the right of the people to establish government, pre-supposes the
duty of every individual to obey the established government.
All obstructions to the execution of the laws, all combinations
and associations under whatever plausible character, with the
real design to direct, control, counteract, or awe the regular
deliberations and action of the constituted authorities, are de-
structive of this fundamental principle, and of fatal tendency.
>>
WASHINGTON'S FAREWELL ADDRESS.
13
They serve to organize faction, to give it an artificial and ex-
traordinary force, to put in the place of the delegated will of
the nation, the will of party, often a small but artful enterpriz-
ing minorty of the community; and, according to the alternate
triumphs of different parties, to make the public administration
the mirror of the ill concerted and incongruous projects of fac-
tion, rather than the organ of consistent and wholesome plans,
digested by common councils, and modified by mutual interests.
However combinations or associations of the above descrip-
tion may now and then answer popular ends, they are likely,
in the course of time and things, to become potent engines, by
which cunning, ambitious, unprincipled men, will be enabled
to subvert the power of the people, and to usurp for themselves
the reins of government; destroying afterward the very en-
g nes which have lifted them to unjust dominion.
Toward the preservation of your government and the per-
manency of your present happy state, it is requisite, not only
that you steadily discountenance irregular oppositions to its ac-
knowledged authority, but also that you resist with care the´
spirit of innovation upon its principles, however specious the
pretext. One method of assault may be to effect, in the forms
of the constitution, alterations which will impair the energy of
the system; and thus to undermine what cannot be directly
overthrown. In all the changes to which you may be invited,
remember that time and habit are at least as necessary to fix
the true character of governments, as of other human institu-
tions; that experience is the surest standard by which to test
the real tendency of the existing constitution of a country; that
felicity in changes, upon the credit of mere hypothesis and opi-
nion, exposes to perpetual change from the endless variety of
hypothesis and opinion; and remember, especially, that for the
efficient management of your common interests, in a country
so extensive as oùrs, a government of as much vigor as is
consistent with the perfect security of liberty is indispensable.
Liberty itself will find in such a government, with powers pro-
perly distributed and adjusted, its surest guardian. It is, in-
deed, little else than a name, where the government is too fee-
ble to withstand the enterprizes of faction, to confine each
member of the society within the limits prescribed by the laws,
and to maintain all in the secure and tranquil enjoyment of the
rights of persons and property.
I have already intimated to you the danger of parties in the
state, with particular references to the founding them on geo-
graphical discriminations. Let me now take a more compre-
B..
14
THE FREEMAN'S GUIDE.
hensive view, and warn you in the most solemn manner against
the baneful effects of the spirit of party generally.
This spirit, unfortunately, is inseparable from our nature,
having its root in the strongest passions of the human mind. It
exists under different shapes in all governments, more or less
stifled, controled, or repressed: but in those of the popular
form, it is seen in its greatest rankness, and is truly their worst
enemy.
The alternate domination of one faction over another, sharp-
ened by the spirit of revenge natural to party dissension,
which in different ages and countries has perpetrated the most
horrid enormities, is itself a frightful despotism. But this leads
at length to a more formal and permanent despotism. The dis-
orders and miseries which result, gradually incline the minds
of men to seek security and repose in the absolute power of an
individual; and, sooner or later, the chief of some prevailing
faction, more able or more fortunate than his competitors, turns
this disposition to the purposes of his own elevation on the ruins
of public liberty.
Without looking forward to an extremity of this kind, which
nevertheless ought not to be entirely out of sight, the com-
mon and continual mischiefs of the spirit of party are sufficient
to make it the interest and duty of a wise people to discourage
and restrain it.
It serves always to distract the public councils, and enfeeble
the public administration. It agitates the community with ill
founded jealousies and false alarms; kindles the animosity of
one party against another; foments occasional riot and insur-
rection. It opens the door to foreign influence and corruption,
which finds a facilitated access to the government itself through
the channels of party passions. Thus the policy and the will of
one country are subjected to the policy and will of another.
There is an opinion that parties in free countries are useful
checks upon the administration of the government, and serve
to keep alive the spirit of liberty. This within certain limits is
probably true; and, in governments of a monarchical cast, pa-
triotism may look with indulgence, if not with favor, upon the
spirit of party. But in those of the popular character, in govern-
ments purely elective, it is a spirit not to be encouraged. From
their natural tendency, it is certain there will always be enough
of that spirit for every salutary purpose. And there being con-
stant danger of excess, the effort ought to be, by force of pub-
lic opinion, to mitigate and assuage it. A fire not to be quenched,
it demands an uniform vigilance to prevent it bursting into a
fame, lest, instead of warming, it should consume.
WASHINGTON'S FAREWELL ADDRESS.
15
It is important, likewise, that the habits of thinking in a free
country should inspire caution in those entrusted with its ad-
ministration, to confine themselves within their respective con-
stitutional spheres, avoiding in the exercise of the powers of
one department, to encroach upon another. The spirit of en-
croachment tends to consolidate the powers of all the depart-
ments in one, and thus to create, whatever the form
o go-
vernment, a real despotism. A just estimate of that love of
power and proneness to abuse it, which predominate in the hu-
man heart, is sufficient to satisfy us of the truth of this position.
The necessity of reciprocal checks in the exercise of political
power, by dividing and distributing it into different deposito-
ries, and constituting each the guardian of the public weal
against invasions of the others, has been evinced by experi-
ments ancient and modern; some of them in our country and
under our own eyes. To preserve them must be as necessary
as to institute them. If, in the opinion of the people, the distri
bution or modification of the constitutional powers be in any
particular wrong, let it be corrected by an amendment in the
way which the constitution designates. But let there be no
change by usurpation; for though this, in one instance, may be
the instrument of good, it is the customary weapon by which
free governments are destroyed. The precedent must always
greatly overbalance in permanent evil, any partial or transient.
benefit which the use can at any time yield.
Of all the dispositions and habits which lead to political pros-
perity, religion and morality are indispensable supporters. In
vain would that man claim the tribute of patriotism, who should
labor to subvert these great pillars of human happiness, these
firmest props of the duties of men and citizens. The mere po-
litician, equally with the pious man, ought to respect and to
cherish them. A volume could not trace all their connections
with private and public felicity. Let it simply be asked, where
is the security for property, for reputation, for life, if the sense
of religious obligation desert the oaths which are the instru-
ments of investigation in courts of justice? and let us with cau-
tion indulge the supposition that morality can be maintained
without religion. Whatever may be conceded to the influence of
refined education on minds of peculiar structure, reason and
experience both forbid us to expect, that national morality can
prevail in exclusion of religious principle.
It is substantially true, that virtue or morality is a necessary
spring of popular government. The rule, indeed, extends with
more or less force to every species of free government. Who
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THE FREEMAN'S GUIDE.
that is a sincere friend to it can look with indifference upon
attempts to shake the foundation of the fabric?
Promote, then, as an object of primary importance, institu-
tions for the general diffusion of knowledge. In proportion as
the structure of a government gives force to public opinion,
it should be enlightened.
As a very important source of strength and security, cherish
public credit. One method of preserving it is to use it as spa-
ringly as possible, avoiding occasions of expense by cultivating
peace, but remembering, also, that timely disbursements, to
prepare for danger, frequently prevent much greater disburse-
ments to repel it; avoiding likewise the accumulation of debt,
not only by shunning occasions of expense, but by vigorous
excrtions, in time of peace, to discharge the debts which una-
voidable wars may have occasioned, not ungenerously throw-
ing upon posterity the burden which we ought ourselves to
bear. The exccution of these maxims belongs to your repre-
sentatives, but it is necessary that public opinion should co-
operate. To facilitate to them the performance of their duty, it
is essential that you should practically bear in mind, that toward
the payment of debts there must be revenue; that to have re-
venue there must be taxes; that no taxes can be devised which
are not more or less inconvenient and unpleasant; that the in-
trinsic embarrassment inseparable from the selection of the
proper objects, which is always a choice of difficulties, ought
to be a decisive motivè for a candid construction of the govern-
ment in making it, and for a spirit of acquiescence in the mea-
sures of obtaining revenue, which the public exigences may at
any time dictate.
Observe good faith and justice toward all nations; cultivate
peace and harmony with all. Religion and morality enjoin this
conduct; and can it be that good policy docs not equally enjoin
it? it will be worthy of a free, enlightened, and, at no distant
period, a great nation, to give to mankind the magnanimous
and too novel example of a people always guided by an exalted
justice and benevolence. Who can doubt, but, in the course of
time and things, the fruits of such a plan would richly repay any
temporary advantages which might be lost by a steady adher-
ence to it; can it be that Providence has not connected the per-
manent felicity of a nation with its virtue? the experiment, at
least, is recommended by every sentiment which ennobles hu-
man nature. Alas! is it rendered impossible by its vices?
In the execution of such a plan, nothing is more essential
than that permanent, inveterate antipathies against particular
WASHINGTON'S FAREWELL ADDRESS.
19
nations, and passionate attachments for others, should be ex-
cluded; but just and amicable feelings toward all should be cul-
tivated. The nation which indulges toward another an habitual
hatred, or an habitual fondness, is in some degree a slave. It is
a slave to its animosity or its affection, either of which is suffi-
cient to lead it astray from its duty and its interest. Antipathy
in one nation against another, disposes each more readily to of
fer insult and injury, to lay hold of slight causes of umbrage,
and to be haughty and intractable when accidental or trifling
occasions of disputé occur. Hence, frequent collisions, obsti-
nate, envenomed, and bloody contests. The nation prompted
by ill will and resentment, sometimes impels to war the go-
vernment, contrary to the best calculations of policy. The go-
vernment sometiines participates in the national propensity,
and adopts through passion what reason would reject; at other
times, it makes the animosity of the nation subservient to pro-
jects of hostility, instigated by pride, ambition, and other sinis-
tér and pernicious motives. The peace often, sometimes per-
haps the liberty of nations, has been the victim.
So likewise, a passionate attachment of one nation for ano-
ther produces a variety of evils. Sympathy for the favorite na-
tion, facilitating the illusion of an imaginary common interest,
in cases where no real common interest exists, and infusing
into one the enmities of the other, betrays the former into a
participation in the quarrels and wars of the latter, without ade-
quate inducements or justification. It leads also to concessions
to the favorite nation, of privileges denied to others, which is apt
doubly to injure the nation making the concessions; by unne-
cessarily parting with what ought to have been retained; and
by exciting jealousy, ill will, and a disposition to retaliate in the
parties from whom equal privileges are withheld; and it gives
to ambitious, corrupted or deluded citizens who devote them-
selves to the favorite nation, facility to betray or sacrifice the
interests of their own country, without odium, sometimes even
with popularity; gilding with the appearances of a virtuous
sense of obligation, a commendable deference for public opi-
nion, or a laudable zeal for public good, the base or foolish com-
pliances of ambition, corruption or infatuation.
As avenues to foreign influence in innumerable ways, such
attachments are particularly alarming to the truly enlightened.
and independent patriot. How many opportunities do they af-
ford to tamper with domestic factions, to practice the arts of se-
duction, to mislead public opinion, to influence or awe the pub-
lic councils! such an attachment of a small or weak, toward a
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great and powerful nation, dooms the former to be the satellite
of the latter.
Against the insidious wiles of foreign influence, (I conjure
you to believe me, fellow-citizens,) the jealousy of a free peo-
ple ought to be constantly awake; since history and experience
prove, that foreign influence is one of the most baneful foes of
republican government. But that jealousy, to be useful, must
be impartial; else it becomes the instrument of the very influ-
ence to be avoided, instead of a defence against it. Excessive
partiality for one föreign nation, and excessive dislike for ano-
ther, cause those whom they actuate to see danger only on one
side, and serve to veil and even to second the arts of influence
on the other. Real patriots, who may resist the intrigues of the
favorite, are liable to become suspected and odious; while its
tools and dupes usurp the applause and confidence of the peo-
ple, to surrender their interests.
The great rule of conduct for us, in regard to foreign nations,
is, in extending our commercial relations, to have with them
as little political connection as possible. So far as we have al-
ready formed engagements, let them be fulfilled with perfect
good faith. Here, let us stop.
Europe has a set of primary interests, which to us has none,
or a very remote relation. Hence, she must be engaged in fre-
quent controversies, the causes of which are essentially foreign
to our concerns. Hence, therefore, it must be unwise in us to
implicate ourselves, by artificial ties, in the ordinary vicissitudes
of her politics, or the ordinary combinations and collisions of
her friendships or enmities.
Our detached and distant situation invites or enables us to
pursue a different course. If we remain one people, under an
efficient government, the period is not far off when we may
defy material injury from external annoyance; when we may
take such an attitude as will cause the neutrality we may at any
time resolve upon, to be scrupulously respected; when bellige-
rent nations, under the impossibility of making acquisitions
upon us, will not lightly hazard the giving us provocation;—
when we may choose peace or war, as our interest, guided by
justice, shall counsel.
Why forego the advantages of so peculiar a situation? why
quit our own to stand upon foreign ground? why, by interweav-
ing our destiny with any part of Europe, entangle our peace
and prosperity in the toils of European ambition, rivalship, in-
terest, humor, or caprice?
It is our true policy to steer clear of permanent alliances
WASHINGTON'S FAREWELL ADDRESS.
19
with any portion of the foreign world; so far, I mean, as we
are now at liberty to do it; for let me not be understood as ca-
pable of patronizing infidelity to existing engagements. I hold
the maxim no less applicable to public than to private affairs,
that honesty is always the best policy. I repeat it, therefore, let
those engagements be observed in their genuine sense. But in
my opinion, it is unnecessary, and would be unwise to extend
them.
Taking care always to keep ourselves, by suitable establish-
ments, in a respectable defensive posture, we may safely trust
to temporary alliances for extraordinary emergencies.
Harmony, and a liberal intercourse with all nations, are re-
commended by policy, humanity and interest. But even our
commercial policy should hold an equal and impartial hand;-
neither seeking nor granting exclusive favors or preferences;
consulting the natural course of things; diffusing and diversi-
fying by gentle means, the streams of commerce, but forcing
nothing; establishing with powers so disposed, in order to give
trade a stable course, to define the rights of our merchants, and
to enable the government to support them, conventional rules
of intercourse, the best that present circumstances and mutual
opinion will permit, but temporary, and liable to be from time to
time abandoned or varied,as experience and circumstances shall
dictate; constantly keeping in view, that it is folly in one nation
to look for disinterested favors from another; that it must pay
with a portion of its independence for whatever it may accept
under that character; that by such acceptance, it may place
itself in the condition of having given equivalents for nominal
favors, and yet of being reproached with ingratitude for not
giving more. There can be no greater error than to expect, or
calculate upon real favors from nation to nation. It is an illusion
which experience must cure, which a just pride ought to dis-
card.
AT
In offering to you, my countrymen, these counsels of an old
and affectionate friend, I dare not hope they will make the
strong and lasting impression I could wish; that they will con
trol the usual current of the passions; or prevent our nation
from running the course which has hitherto marked the desti-
ny of nations, but if I may even flatter myself, that they may be
productive of some partial benefit, some occasional good; that
they may now and then recur to moderate the fury of party
spirit, to warn against the mischiefs of foreign intrigue, to guard
against the impostures of pretended patriotism; this hope will
be a full recompense for the solicitude for your welfare by which
they have been dictated.
:
20
THE FREEMAN'S GUIDE.
How far, in the discharge of my official duties, I have been
guided by the principles which have been delineated, the pub-
lic records and other evidences of my conduct must witness to
you and to the world. To myself, the assurance of my own con--
science, is, that I have, at least, believed myself to be guided by
them.
In relation to the still subsisting war in Europe, my procla-
mation of the 22d of April 1793, is the index of my plan. Sanc-
tioned by your approving voice, and that of your representa-
tives in both houses of Congress; the spirit of that measure has
continually governed me; uninfluenced by any attempt to de-
ter or divert me from it.
After deliberate examination, with the aid of the best lights I
could obtain, I was well satisfied, that our country, under all
the circumstances of the case, had a right, and was bound, in
duty and interest, to take a neutral position. Having taken it, I
determined, as far as should depend upon me, to maintain it
with moderation, perseverance and firmness.
The considerations which respect the right to hold this con-
duct, it is not necessary on this occasion to detail. I will only
observe that, according to my understanding of the matter, that
right, so far from being denied by any of the belligerent pow-
ers, has been virtually admitted by all.
;
The duty of holding a neutral conduct may be inferred,with-
out any thing more, from the obligation which justice and hu-
manity impose on every nation, in cases in which it is free to
act, to maintain inviolate the relations of peace and amity to-
ward other nations.
The inducements of interest for observing that conduct will
best be referred to your reflections and experience. With me,
a predominant motive has been to endeavor to gain time to our
country to settle and mature its yet recent institutions, and to
progress, without interruption, to that degree of strength and
consistency which is necessary to give it, humanly speaking,
the command of its own fortunes..
Though in reviewing the incidents of my administration, I
am unconscious of intentional error; I am nevertheless too sen-
sible of my defects, not to think it probable that I may have
committed many errors. Whatever they may be, I fervently be-
seech the Almighty to avert or mitigate the evils to which they
may tend. I shall also carry with me the hope that my coun-
try will never cease to view them with indulgence; and that,
after forty-five years of my life dedicated to its services, with an
·
!
WASHINGTON'S FAREWELL ADDRESS.
21
upright zeal, the faults of incompetent abilities will be con-
signed to oblivion, as myself must soon be to the mansions of
rest.
Relying on its kindness in this as in other things, and ac-
tuated by that fervent love toward it, which is so natural to a
man who views in it the native soil of himself and his progeni-
tors for several generations; I anticipate with pleasing expec
tation that retreat in which I promise myself to realize, without
alloy, the sweet enjoyment of partaking, in the midst of my fel-
low-citizens, the benign influence of good laws under a free go-
vernment-the ever favorite object of my heart, and the happy
reward, as I trust, of our mutual cares, labors and dangers.
Philadelphia, September, 1795.
!
CONSTITUTIONS.
UNITED STATES.
The CONSTITUTION framed for the United States of
America, at a Session begun May 25, and ended September
17, 1789.
WE, the people of the United States, in order to form a
more perfect union, establish justice, insure domestic tranquil-
lity, provide for the common defence, promote the general wel-
fare; and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the Uni-
ted States of America.
ARTICLE I.
SECTION I.
All legislative powers herein granted, shall be vested in a
Congress of the United States which shall consist of a Senate
and House of Representatives.
SECTION II.
I. The House of Representatives shall consist of members
chosen every second year, by the people of the several states:
and the electors in each state shall have the qualifications re-
quisite for electors of the most numerous branch of the state
legislature.
II. No person shall be a representative, who shall not have
attained to the age of twenty-five years, and been seven years a
citizen of the United States; and who shall not, when elected,
be an inhabitant of that state in which he shall be chosen.
III. Representatives and direct taxes, shall be apportioned
among the several states, which may be included within this
union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons, in-
cluding those bound to service for a term of years, and exclud-
ing Indians not taxed, three fifths of all other persons. The
actual enumeration shall be within three years after the first
meeting of the Congress of the United States; and within every
+
UNITED STATES.
23
subsequent term of ten years, in such manner as they shall by
law direct. The number of representatives shall not exceed one
for every thirty thousand: but each state shall have at least one
representative: and, until such enumeration shall be made, the
state of New Hampshire shall be entitled to choose three;
Massachusetts eight; Rhode Island and Providence plantations
one; Connecticut five; New York six; New Jersey four; Penn-
sylvania eight; Delaware one; Maryland six; Virginia ten;
North Carolina five; South Carolina five; and Georgia three.
IV. When vacancies happen in the representation from any
state, the executive authority thereof shall issue writs of election
to fill such vacancies.
V. The House of Representatives shall choose their speaker
and other officers; and shall have the sole power of impeach-
ment.
SECTION III.
I. The Senate of the United States shall be composed of two
senators from each state, chosen by the Legislature thereof,
for six years; and each senator shall have one vote.
II. Immediately after they shall he assembled, in consequence
of the first election, they shall be divided, as equally as may be,
into three classes. The seats of the senators of the first class
shall be vacated at the expiration of the second year; of the
second class at the expiration of the fourth year; and of the
third class, at the expiration of the sixth year: so that one third
may be chosen every second year, And if vacancies happen,
by resignation or otherwise, during the recess of the Legis-
lature of any state, the executive thereof may make tempo-
rary appointments until the next meeting of the Legislature,
which shall then fill such vacancies.
III. No person shall be a senator, who shall not have attain-
ed to the age of thirty years, and been nine years a citizen of
the United States; and who shall not, when elected, be an in-
habitant of that state for which he shall be chosen.
IV. The Vice President of the United States shall be Presi-
dent of the Senate, but shall have no vote unless they be equally
divided.
V. The Senate shall choose their officers, and also a Presi-
dent pro tempore, in the absence of the Vice President, or
when he shall exercise the office of President of the United
States.
VI. The Senate shall have the sole power to try all im-
peachments. When sitting for that purpose, they shall be on
oath or affirmation. When the President of the United States
24
FREEMAN'S GUIDE.
is tried, the Chief Justice shall preside: and no person shall be
convicted, without the concurrence of two thirds of the mem-
bers present.
VII. Judgment, in cases of impeachment, shall not extend
further than to removal from office, and disqualification to hold
and enjoy any office of honor, trust or profit, under the United
States. But the party convicted shall, nevertheless, be liable
and subject to indictment, trial, judgment, and punishment ac--
cording to law.
SECTION IV.
I. The times, places, and manner of holding elections for
senators and representatives, shall be prescribed in each state
by the Legislature thereof: but the Congress may, at any time,
by law, make or alter such regulations, except as to the places
of choosing senators.
II. The Congress shall assemble at least once in every year;
and such meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.
SECTION v.
1. Each House shall be the judge of the elections, returns
and qualifications of its own members; and a majority of each
shall constitute a quorum to do business; but a smaller number
may adjourn from day to day, and may be authorized to compel
the attendance of absent members, in such manner, and under
such penalties as each House may provide.
II. Each House may determine the rules of its proceedings;
punish its members for disorderly behavior; and with the con-
currence of two thirds, expel a member.
III. Each House shall keep a journal of its proceedings: and,
from time to time, publish the same, excepting such parts as
may in their judgment require secrecy: and the yeas and nays,
of the members of either House, on any question, shall, at the
desire of one fifth of those present, be entered on the journal.
IV. Neither House during the session of Congress, shall,
without the consent of the other, adjourn for more than three
days, nor to any other place than that in which the two Houses
shall be sitting.
SECTION VI.
I. The senators and representatives shall receive a compen-
sation for their services, to be ascertained by law, and paid out
of the treasury of the United States. They shall, in all cases,
except treason, felony and breach of the peace, be privileged
from arrest, during their attendance at the session of their re-
spective Houses, and in going to and returning from the same:
3
-
25
UNITED STATES.
and for any speech or debate in either House, they shall not
be questioned in any other place.
II. No senator or representative shall, during the time for
which he was elected, be appointed to any civil office under
the authority of the United States, which shall have been crea-
ted, or the emoluments of which shall have been increased, du-
ring such time; and no person, holding any office under the
United States shall be a member of either House, during his
continuance in office.
SECTION VII.
I. All bills, for raising revenue, shall originate in the House
of Representatives: but the Senate shall propose or concur
with amendments, as on other bills.
II. Every bill, which shall have passed the House of Repre-
sentatives and the Senate, shall, before it becomes a law, be
presented to the president of the United States. If he approve,
he shall sign it: but if not, he shall return it, with his objec-
tions, to that House in which it shall have originated, who shall
enter the objections at large on their journal, and proceed to
reconsider it. If, after such reconsideration, two thirds of that
House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House, by which it shall likewise be
reconsidered: and if approved by two thirds of that House, it
shall become a law. But, in all such cases, the votes of both
Houses shall be determined by yeas and nays: and the names
of the persons voting for and against the bill shall be entered
on the journal of each House respectively. If any bill shall not
be returned by the president within ten days, (Sundays ex-
cepted,) after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it, unless the
Congress, by their adjournment, prevent its return; in which
case it shall not be a law.
III. Every order, resolution or vote, to which the concur-
rence of the Senate and House of Representatives may be ne-
cessary, (except on a question of adjournment,) shall be pre-
sented to the president of the United States; and, before the
same shall take effect, be approved by him; or, being disap-
proved by him, shall be repassed by two thirds of both Houses,
according to the rules and limitations prescribed in the case of
a bill.
SECTION VIII.
The Congress shall have power,
I. To lay and collect taxes, duties, imposts and excises, to
pay the debts and provide for the common defence and general
C
26
THE FREEMAN'S GUIDE.
welfare of the United States: but all duties, imposts and ex-
cises, shall be uniform throughout the United States.
II. To borrow money on the credit of the United States.
III. To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes.
IV To establish an uniform rule of naturalization; and uni-
form laws on the subject of bankruptcies, throughout the Uni-
ted States.
V. To coin money; to regulate the value thereof, and of fo-
reign coin; and fix the standard of weights and measures.
VI. To provide for the punishment of counterfeiting the se-
curities and current coin of the United States.
VII. To establish post offices and post roads.
VIII. To promote the progress of science and useful arts,
by securing for limited times, to authors and inventors, the ex-
clusive right to their respective writings and discoveries.
IX. To constitute tribunals inferior to the Supreme Court.
X. To define and punish piracies and felonies committed on
the high seas, and offences against the law of nations.
XI. To declare war; grant letters of marque and reprisal;
and make rules concerning captures on land and water.
XII. To raise and support armies. But no appropriation of
money for that use, shall be for a longer term than two years.
XIII. To provide and maintain a navy.
་
XIV. To make rules for the government and regulation of
the land and naval forces.
XV. To provide for calling forth the militia to execute the
laws of the union, suppress insurrections and repel invasions,
XVI. To provide for organizing, arming and disciplining the
militia, and for governing such part of them as may be em-
ployed in the service of the United States; reserving to the
states respectively the appointment of the officers, and the au-
thority of training the militia according to the discipline pre-
scribed by Congress.
XVII. To exercise exclusive legislation, in all cases whatso-
ever, over such district (not exceeding ten miles square) as
may, by cession of particular states, and the acceptance of
Congress, become the seat of government of the United States;
and to exercise like authority over all places purchased by the
consent of the Legislature of the state in which the same shall
be, for the erection of forts, magazines, arsenals, dock yards,
and other necdful buildings; and
XVIII. To make all laws which shall be necessary and pro-
per for carrying into execution the foregoing powers, and all
&
UNITED STATES.
27
other powers vested by this Constitution in the government of
the United States, or any department or officer thereof.
SECTION IX.
I. The migration or importation of such persons, as any of
the states now existing shall think proper to admit, shall not be
prohibited by the Congress, prior to the year one thousand eight
hundred and eight; but a tax or duty may be imposed on such
importation, not excecding ten dollars for each person.
II. The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion, the
public safety may require it.
III. No bill of attainder or ex post facto law shall be passed.
IV. No capitation or other direct tax shall be laid, unless
in proportion to the census or enumeration herein before di-
rected to be taken.
V. No tax or duty shall be laid on articles exported from
any state. No preference shall be given, by any regulation of
commerce or revenue, to the ports of one state, over those of
another: nor shall vessels, bound to or from one state, be obli-
ged to enter, clear or pay duties in another.
VI. No money shall be drawn from the treasury, but in con-
sequence of appropriations made by law; and a regular state-
ment and account of the receipts aud expenditures of all public
money shall be published from time to time.
VII. No title of nobility shall be granted by the United
States: and no person, holding any office of profit or trust_un-
der them, shall, without the consent of Congress, accept of any
present, emolument, office or title of any kind whatever, from
any king, prince or foreign state.
SECTION X.
I. No state shall enter into any treaty, alliance, or confede-
ration; grant letters of marque and reprisal; coin money; emit
bills of credit; make any thing but gold and silver coin a tender
in payment of debts; pass any bill of attainder, ex post facto law,
or law imparing the obligation of contracts, or grant any title of
nobility.
II. No state shall, without the consent of Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws; and the
net produce of all duties and imposts laid by any state on imports
or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and
control of Congress. No state shall, without the consent of Con-
gress, lay any duty on tonnage, keep troops, or ships of war, in
28
THE FREEMAN'S GUIDE..
time of peace, enter into any agreement or compact with an-
other state, or with a foreign power, or engage in war, unless
actually invaded, or in such imminent danger as will not admit
of delay.
ARTICLE II. ·
SECTION I.
1. The executive power shall be vested in a president of the
United States of America. He shall hold his office during the
term of four years, and, together with the vice-president,
chosen for the same term, be elected as follow:
II. Each state shall appoint, in such manner as the Legisla
ture thereof may direct, a number of electors, equal to the
whole number of senators and representatives, to which the
state may be entitled in the Congress. But no senator or repre-
sentative, or person holding any office of trust or profit, under
the United States, shall be appointed an elector.
III. The electors shall meet in their respective states, and
vote by ballot for two persons, of whom one, at least, shall not
be an inhabitant of the same state with themselves. And they
shall make a list of all the persons voted for, and of the num-
ber of votes for each; which list they shall sign and certify,
and transmit sealed to the seat of the government of the United
States, directed to the president of the Senate. The president
of the Senate shall, in the presence of the Senate and House of
Represenatives, open all the certificates, and the votes shall then
be counted. The person having the greatest number of votes
shall be the president, if such number be a majority of the
whole number of electors appointed; and if there be more than
one who have such majority, and have an equal number of votes,
then the House of Representatives shall immediately choose,
by ballot, one of them for president: and if no person have a
majority, then, from the five highest on the list, the said House
shall in like manner choose the president. But in choosing the
president, the votes shall be taken by states, the representation
from each state having one vote: a quorum for this purpose
shall consist of a member or members from two thirds of the
states: and a majority of all the states. shall be necessary to a
choice. In every case after the choice of the president, the per-
son having the greatest number of votes of the electors, shall
be the vice-president. But if there should remain two or more,
who have equal votes, the Senate shall choose from them by
ballot, the vice-president.
IV. The Congress may determine the time of choosing the
electors, and the day on which they shall give their votes; which
day shall be the same throughout the United States.
UNITED STATES.
29
V. No person except a natural born citizen, or a citizen of
the United States at the time of the adoption of this Constitu-
tion, shall be eligible to the office of president. Neither shall
any person be eligible to that office, who shall not have attain-
ed to the age of thirty-five years, and been fourteen years a
resident within the United States.
VI. In case of the removal of the president from office, or
of his death, resignation, or inability to discharge the powers
and duties of the said office, the same shall devolve on the vice-
president; and the Congress may, by law, provide for the case
of removal, death, resignation, or inability, both of the presi-
dent and vice-president, declaring what officer shall then act as
president: and such officer shall act accordingly, until the dis-
ability be removed, or a president shall be elected.
VII. The president shall at stated times, receive for his ser-
vices, a compensation, which shall neither be increased nor
diminished, during the period for which he shall have been
elected: and he shall not receive, within that period, any other
emolument from the United States or any of them.
-
VIII. Before he enter on the execution of his office, he shall
take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully execute
the office of president of the United States; and will, to the
best of my ability, preserve, protect, and defend the Constitution
of the United States."
SECTION II.
I. The president shall be commander in chief of the army
and navy of the United States, and of the militia of the several
states, when called into the actual service of the United States.
He may require the opinion, in writing, of the principal officers
in each of the executive departments, upon any subject relating
to the duties of their respective offices: and he shall have pow-
er to grant reprieves and pardons, for offences against the
United States, except in cases of impeachment.
II. He shall have power, by and with the advice and concent
of the Senate, to make treaties, provided two thirds of the sena-
tors present concur: and he shall nominate, and by and with the
advice and consent of the Senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme
Court, and all other officers of the United States, whose appoint-
ments are not herein otherwise provided for, and which shall
be established by law. But the Congress may, by law, vest the
appointment of such inferior officers, as they think proper, in
2 C
30..
THE FREEMAN'S GUIDE.
the president alone, in the courts of law, or in the heads of
departments.
III. The president shall have power to fill up all vacancies
that may happen, during the recess of the Senate, by granting
commissions, which shall expire at the end of their next ses-.
sion.
SECTION 111.
He shall, from time to time give to the Congress information
of the state of the union; and recommend to their consideration
such measures as he shall judge necessary and expedient. He
may, on extraordinary occasions, convene both Houses or either
of them; and, in case of disagreement between them, with re-
spect to the time of adjournment, he may adjourn them to such
time as he shall think proper. He shall receive ambassadors
and other public ministers. He shall take care that the laws be
faithfully executed; and shall commission all the officers of the
United States.
SECTION IV.
The president, vice-president, and all civil officers of the
United States, shall be removed from office, on impeachment
for, and conviction of treason, bribery, or other high crimes and
misdemeanors.
ARTICLE III.
SECTION I.
The judicial power of the United States shall be vested in
'one Supreme Court, and in such inferior courts, as the Con-
gress may, from time to time, ordain and establish. The judges,
both of the supreme and inferior courts, shall hold their offices
during good behavior; and shall, at stated times, receive for
their services, a compensation, which shall not be diminished
during their continuance in office.
SECTION II.
I. The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United
States, and treaties made, or which shall be made, under their
authority; to all cases affecting ambassadors, other public
ministers, and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall
be a party; to controversies between two or more states, between
a state and citizens of another state, between citizens of differ
ent states, between citizens of the same state claiming lands
under grants of different states, and between a state, or the citi-
zens thereof, and foreign states, citizens or subjects.
UNITED STATES.
31
II. In all cases, affecting ambassadors, other public minis-
ters, and consuls, and those in which a state shall be a party,
the Supreme Court shall have original jurisdiction. In all the
other cases before mentioned, the Supreme Court shall have
appellate jurisdiction, both as to law and fact, with such ex-
ceptions, and under such regulations, as Congress shall make.
III. The trial of all crimes, except in cases of impeachment,
shall be by jury, and such trial shall be held in the state where
the said crimes shall have been committed; but when not com-
mitted within any state, the trial shall be at such place or places,
as the Congress may by law have directed.
SECTION III,
I. Treason against the United States shall consist only in levy-
ing war against them, or in adhering to their enemies, giving
them aid and comfort. No person shall be convicted of treason
unless on the testimony of two witnesses to the same overt act,
or on confession in open court.
II. The Congress shall have power to declare the punishment
of treason; but no attainder of treason shall work corruption
of blood, or forfeiture, except during the life of the person
attainted.
ARTICLE IV.
SECTION I.
1
Full faith and credit shall be given, in each state, to the pub-
lic acts, records, and judicial proceedings of every other state.
And the Congress may, by penal laws, prescribe the manner in
which such acts, records, and proceedings shall be proved, and
the effect thereof.
SECTION II.
I. The citizens of each state shall be entitled to all the privi-
leges and immunities of citizens in the several states.
II. A person charged in any state with treason, felony or
other crime, who shall flee from justice, and be found in an-
other state, shall, on demand of the executive authority of the
state from which he fled, be delivered up, to be removed to the
state, having jurisdiction of the crime.
III. No person, held to service or labor in one state under the
laws thereof, escaping into another, shall in consequence of any
law or regulation therein, be discharged from such service or
labor; but shall be delivered upon claim of the party to whom
such labor may be due.
SECTION III.
I. New states may be admitted by the Congress into this
union; but no new state shall be formed or erected within the
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THE FREEMAN'S GUIDE.
:
jurisdiction of any other state-nor any state be formed by the
junction of two or more states, or parts of states-without the
consent of the Legislatures of the states concerned as well as
of the Congress.
II. The Congress shall have power to dispose of, and make
all needful rules and regulations respecting the territory or other
property belonging to the United States: and nothing in this
Constitution shall be so construed, as to prejudice any claims of
the United States, or of any particular-state.
SECTION IV.
The United States shall guarantee to every state in this union,
a republican form of government; and shall protect each of
them against invasion, and on application of the Legislature, or
of the executive (when the Legislature cannot be convened)
against domestic violence.
ARTICLE V.
The Congress, whenever two thirds of both Houses shall
deem it necessary, shall propose amendments to this Constitu-
tion, or on the application of the Legislatures of two thirds of the
several states, shall call a convention for proposing amendments;
which, in either case, shall be valid to ali intents and purposes,
as part of this Constitution, when ratified by the Legislatures.
of three fourths of the several states, or by conventions. in
three fourths thereof, as the one or the other mode of ratifi-
cation may be proposed by the Congress: Provided, That no
amendment, which may be made prior to the year one thousand
eight hundred and eight, shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and
that no state, without its consent, shall be deprived of its equal
suffrage in the Senate.
· ARTICLE VI.
I. All debts contracted, and engagements entered into, be-
fore the adoption of this Constitution, shall be as valid against
the United States, under thisConstitution, as under the confede-
ration.
II. This Constitution, and the laws of the United States which
shall be made in pursuance thereof, and all treaties made, or
which shall be made, under the authority of the United States,
shall be the supreme law of the land, and the judges, in every
state, shall be bound thereby, any thing in the Constitution or
laws of any state to the contrary notwithstanding.
III. The senators and representatives before mentioned, and
the members of the several state Legislatures, and all execu-
*
UNITED STATES.
33
tive and judicial officers, both of the United States and of the
several states, shall be bound, by oath or affirmation, to support
this Constitution; but no religious test shall ever be required as
a qualification to any office or public trust under the United
States.
ARTICLE VII.
The ratification of the conventions of nine states shall be suf-
ficient for the establishment of this Constitution between the
states so ratifying the same.
Done in convention by the unanimous consent of the States
present, the seventeenth day of September, in the year of
our Lord one thousand seven hundred and eighty-seven,
and of the independence of the United States of America
the twelfth.
In witness whereof we have subscribed our names,
GEO. WASHINGTON, President,
and delegate from Virginia.
New-Hampshire-John Langdon, Nicholas Gilman,
Massachusetts-Nathaniel Gorham, Rufus King.
Connecticut-Wm. Samuel Johnson, Roger Sherman.
New-York-Alexander Hamilton.
New-Jersey-Wm. Livingston, David Brearly, Wm. Patter-
son, Jonathan Dayton.
Pennsylvania-Benjamin Franklin, Thomas Mifflin, Robert
Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll,
James Wilson, Governeur Morris.
Delaware-George Reed, Gunning Bedford, jun. John Dick-
inson, Richard Basset, Jacob Broom.
Maryland-James M'Henry, Daniel of St. Thomas Jenifer,
Daniel Carroll.
Virginia-John Blair, James Madison, jun.
North-Carolina-Wm. Blount, Richard Dobbs Spaight,
Hugh Williamson.
South-Carolina-John Rutledge, Charles Cotesworth Pinck-
ney, Charles Pinckney, Pierce Butler.
Georgia-William Few, Abraham Baldwin,
Attest,
WILLIAM JACKSON, Sec’y.
34
THE FREEMAN'S GUIDE.
AMENDMENTS.
The following articles in addition to, and amendment of the Con-
stitution of the United States, having been ratified by the Le-
gislatures of nine states, are equally obligatory with the Con-
stitution itself.
I. 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 peo-
ple peaceably to assemble, and to petition the government for
redress of grievances.
II. A well regulated militia being necessary to the security
of a free state, the right of the people to keep and bear arms
shall not be infringed.
III. 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.
IV. 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 per-
sons or things to be seized.
V. No person shall be held to answer for a capital or other-
wise infamous crime, unless on a presentment or indictment
of a grand jury, except in cases arising in the land or naval
forces or in the militia, when in actual service, in time of war,
or public danger: nor shall any person be subject, for the same
offence, to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case, to be witness against himself;
nor shall be deprived of life, liberty or property, without due
process of law; nor shall private property be taken for public
use, without just compensation.
VI. In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
state and district wherein the crime shall have been committed;
which district shall have been previously ascertained by law; and
to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor; and to have the as-
sistance of counsel for his defence.
VII. 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-
UNITED STATES.
3.5
examined in any court of the United States, than according to
the rules of the common law.
VIII. Excessive bail shall not be required; nor excessive
fines imposed; nor cruel and unusual punishments inflicted.
IX. The enumeration in the Constitution of certain rights,
shall not be construed to deny or disparage others, retained by
the people.
X. 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.
XI. The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
or prosecuted against one of the United States by citizens of
another state, or by citizens or subjects of any foreign state.
XII The electors shall meet in their respective states, and
vote by ballot for president and vice-president, one of whom,
at least, shall not be an inhabitant of the same state with them-
selves; they shall name in their ballots the person voted for as
president, and in distinct ballots the person voted for as vice-
president; and they shall make distinct lists of all persons
voted for as president, and of all persons voted for as vice-
president, and of the number of votes for each; which lists they
shall sign and certify, and transmit sealed to the seat of govern-
ment of the United States, directed to the president of the Se-
nate; the president of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates,
and the votes shall then be counted: the person having the
greatest number of votes for president, shall be the president,
if such number be a majority of the whole number of electors
appointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on
the list of those voted for as president, the House of Represen-
tatives shall choose immediately, by ballot, the president. But
in choosing the president, the votes shall be taken by states,
the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from
two thirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives
shall not choose a president whenever the right of choice shall
devolve upon them, before the fourth day of March next fol-
lowing, then the vice-president shall act as president, as in the
case of the death or other constitutional disability of the pre
dent.
The person having the greatest number of votes as vice-
president, shall be the vice-president, if such number be a ma-
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THE FREEMAN'S GUIDE.
jority of the whole number of electors appointed; and if no
person have a majority, then from the two highest numbers on
the list, the Senate shall choose the vice-president; a quorum
for the purpose shall consist of two thirds of the whole number
of senators, and a majority of the whole number shall be neces-
sary to a choice.
But no person constitutionally ineligible to the office of pre-
sident shall be eligible to that of vice-president of the United
States.
XIII. If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honor, or shall, with-
out the consent of Congress, accept and retain any present,
pension, office or emolument of any kind whatsoever, from any
emperor, king, prince, or foreign power, such person shall
cease to be a citizen of the United States, and shall be incapa-
ble of holding any office of trust or profit under them, or either
of them.
NEW-HAMPSHIRE.
*
The Constitution of New-Hampshire, as altered and amended
by a Convention of Delegates held at Concord, in said State,
by adjournment, on the second Wednesday of February, 1792.
PART I.
BILL OF RIGHTS,
ARTICLE I. All men are born equally free and independent:
Therefore, all government, of right, originates from the people,
is founded in consent, and instituted for the general good.
II. All men have certain natural, essential, and inherent
rights-among which are, the enjoying and defending life and
liberty, acquiring, possessing, and protecting property; and, in
a word, of seeking and obtaining happiness.
III. When men enter into a state of society, they surrender
up some of their natural rights to that society, in order to en-
sure the protection of others; and without such an equivalent,
the surrender is void.
IV. Among the natural rights, some are in their very nature,
unalienable, because no equivalent can be given or received
for them. Of this kind are the rights of conscience.
NEW-HAMPSHIRE.
37
V. Every individual has a natural and unalienable right to
worship God according to the dictates of his own conscience
and reason; and no subject shall be hurt, molested or restrain-
ed in his person, liberty or estate, for worshipping GoD in the
manner and season most agreeable to the dictates of his own
conscience, or for his religious profession, sentiments, or per-
suasion; provided he doth not disturb the public peace, or dis-
turb others in their religious worship.
VI. As morality and piety, rightly grounded on evangelical
principles, will give the best and greatest security to govern-
ment, and will lay in the hearts of men, the strongest obliga-
tions to due subjection; and as the knowledge of these is most
likely to be propagated through a society, by the institution of the
public worship of the Deity, and of public instruction in moral-
ity and religion; therefore, to promote these important purposes,
the people of this state have a right to empower, and do here-
by fully empower, the Legislature to authorize, from time to
time, the several towns, parishes, bodies corporate or religious
societies, within this state, to make adequate provision, at their
own expense, for the support and maintenance of public protes-
tant teachers of piety, religion and morality:
Provided notwithstanding, That the several towns, parishes,
bodies corporate or religious societies, shall at all times, have
the exclusive right of electing their own public teachers, and
of contracting with them for their support and maintenance.
And no person, of any one particular religious sect or denom-
ination, shall ever be compelled to pay toward the support of
the teacher or teachers of another persuasion, sect or denomi-
nation.
But this shall not be construed to free a person from the obli-
gations of his own contract, on his pretence of changing his reli-
gious persuasion after making the contract.
And whenever a minister is settled by any incorporated town
or parish, any person dissenting shall have liberty either at
the meeting, or previous to the ordination of the minister, or
within one month after the vote obtained for his settlement, to
enter his dissent with the town or parish clerk, against paying,
or contributing toward the support of said minister, and all
minors who, after such settlement, shall come of age, and all
inhabitants of such town or parish who are absent from the same
at the time of such meeting or settlement, and all persons, who
after such settlement, move into such town or parish to reside,
shall have three months from the time of their coming of full
age, returning into town, or moving into, reside as aforesaid,
D
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THE FREEMAN'S GUIDE.
respectively, to enter their dissent, with the town or parish clerk
as aforesaid.
And all persons who do not enter their dissent, as aforesaid,
shall be bound by the major vote of such, town or parish; and
it shall be considered as their voluntary contract; but all per-
sons who enter their dissent, as aforesaid, shall not be bound
by vote of such town or parish, or considered a party to such
contract, toward the support of the minister; nor shall any per-
son be compelled to contribute toward the support of the min-
ister, who shall change from the sect or denomination of which
he professed to be when he settled, to any other persuasion, sect
or denomination...
And every denomination of christians, demeaning themselves
quietly, and as good citizens of the state, shall be equally under
the protection of the law: and no subordination of any one sect.
or denomination to another, shall ever be established by law.`
And nothing herein shall be understood to affect any former
contracts made for the support of the ministry; but all such
contracts shall remain, and be in the same state as if this Con-
stitution had not been made..
་
VII. The people of this state have the sole and exclusive
right of governing themselves as a free, sovereign, and inde-
pendent state; and do, and forever hereafter shall, exercise and
enjoy every power, jurisdiction and right pertaining thereto,
which is not, or may not hereafter be, by them expressly dele-
gated to the United States of America in Congress assembled.
VIII. All power residing originally in, and being derived
from the people, all the magistrates and officers of govern-
ment, are their substitutes and agents, and at all times account-
able to them.
IX. No office or place whatsoever, in government shall be
hereditary the abilities and integrity requisite in all, not being
transmissable to posterity or relations.
X. Government being instituted for the common benefit,
protection and security of the whole community, and not for the
private interest or emolument of any one man, family, or class
of men; therefore, whenever the ends of government are per-
verted, or public liberty manifestly endangered, and all other,
means of redress are ineffectual, the people may, and of right
ought to reform the old, or establish a new government. The
doctrine of non-resistance against arbitrary power, and oppres-
sion, is absurd, slavish, and destructive of the good and happi-
ness of mankind..
XI. All elections ought to be frec, and every inhabitant of
the state, having the proper qualifications, has an equal right
to elect, and be elected into office.
NEW-HAMPSHIRE.
39
XII. Every member of the community has a right to be pro-
tected by it, in the enjoyment of his life, liberty and property;
he is therefore bound to contribute his share to the expense of
such protection, and to yield his personal service when neces-
sary, or an equivalent. But no part of a man's property shall
be taken from him, or applied to public uses, without his own
consent, or that of the representative body of the people. Nor
are the inhabitants of this state controlable by any other laws
than those to which they, or their representative body, have
given their consent.
·
XIII. No person who is concientiously scrupulous about the
lawfulness of bearing arms, shall be compelled thereto, pro-
vided he will pay an equivalent.
XIV. Every citizen of this state is entitled to a certain res
medy, by having recourse to the laws, for all injuries he may
receive in his person, property or character; to obtain right and
justice freely, without being obliged to purchase it; completely,
and without denial; promptly, and without delay, conformable
to the laws.
XV. No person shall be held to answer for any crime, or
offence, until the same is fully and plainly, substantially and
formally described to him: nor be compelled to accuse or fur-
nish evidence against himself. And every person shall have a
right to produce all proofs that may be favorable to himself;
to meet the witnesses against him, face to face, and to be fully
heard in his defence, by himself, and counsel. And no person
shall be arrested, imprisoned, despoiled, or deprived of his pro-
perty, immunities or privileges, put out of the protection of the
law, exiled or deprived of his life, liberty or estate, but by the
judgment of his peers, or the law of the land...
XVI. No person shall be liable to be tried, after an acquittal
for the same crime or offence. Nor shall the Legislature make
any law that shall subject any person to a capital punishment,
(excepting for the government of the army and navy, and the
militia in actual service) without trial by jury...
XVII. In criminal prosecutions, the trial of facts, in the
vicinity where they happen, is so essential to the security of the
life, liberty and estate of the citizens, that no crime or offence
ought to be tried in any other county than that in which it is
committed; except in cases of general insurrection in any par-
ticular county, when it shall appear to the judges of the Supe-
rior Courts, that an impartial trial cannot be had in the county
where the offence may be committed, and upon their report,
the Legislature shall think proper to direct the trial in the
pcarest county in which an impartial trial can be obtained.--
40.
THE FREEMAN'S GUIDE.
XVIII. All penalties ought to be proportioned to the nature of
the offence. No wise Legislature will affix the same punish-
ment to the crimes of theft, forgery and the like, which they
do to those of murder and treason: where the same undistin-
guished severity is exerted against all offences, the people are
led to forget the real distinction in the crimes themselves, and
to commit the most flagrant, with as little compunction as they
do the lightest offences. For the same reason a multitude of
sanguinary laws is both impolitic and unjust. The true design
of all punishments being to reform, not to exterminate mankind.
XIX. Every person hath a right to be secure from all unrea.
sonable searches and seizures of his person, his houses, his pa-
pers and all his possessions. Therefore, all warrants to search
suspected places, or arrest a person for examination or trial, in
prosecutions for criminal matters, are contrary to this right, if
the cause or foundation of them be not previously supported
by oath or affirmation; and if the order in a warrant of a civil
officer, to make search in suspected places, or to arrest one or
more suspected persons, or to seize their property, be not ac-
companied with a special designation of the persons or objects
of search, arrest or seizure; and no warrant ought to be issued,
but in cases, and with the formalities prescribed by law.
XX. In all controversies concerning property, and in all suits
between two or more persons, excepting in cases wherein it
hath been hitherto otherwise used and practised, the parties
have a right to trial by jury; and this right shall be deemed
sacred and inviolable; but the Legislature may, by the Consti-
tution, be empowered to make such regulations as will prevent
parties from having as many trials by jury, in the same suit or
action, as hath been heretofore allowed and practised, and to
extend the civil jurisdiction of justices of the peace to the trials
of suits where the sum demanded in damages doth not exceed
four pounds, saving the right of appeal to either party. But no
such regulations shall take away the right of trial by jury, in
any case not in this article before excepted, unless in cases
respecting mariners' wages.
XXI. In order to reap the fullest advantage of the inestima-.
ble privilege of the trial by jury, great care ought to be taken,
that none but qualified persons should be appointed to serve;
and such ought to be fully compensated for their travel, time
and attendance.
XXII. The LIBERTY OF THE PRESS is essential to the secu-
rity of freedom in a state: it ought, therefore, to be inviolably
preserved.
XXIII. Retrospective laws are highly injurious, oppressive
1
NEW-HAMPSHIRE.
41
and unjust. No such laws therefore should be made, either for
the decision of civil causes, or the punishment of offences.
XXIV. A well regulated militia is the proper, natural and
sure defence of a state.
XXV. Standing armies are dangerous to liberty, and ought..
not to be raised, or kept up, without the consent of the Legis-
lature.
XXVI. In all cases, and at all times, the military ought to
be under strict subordination to, and governed by the civil
power.
XXVII. No soldier, in time of peace, shall be quartered in
any house, without the consent of the owner; and in time of
war, such quarters ought not to be made but by the civil magis-
trates, in a manner ordained by the Legislature.
XXVIII. No subsidy, charge, tax, impost or duty shall be
established, fixed, laid or levied, under any pretext whatsoever,
without the consent of the people, or their representatives in the
Legislature, or authority derived from that body.
•
XXIX. The power of suspending the laws, or the execution
of them, ought never to be exercised, but by the Legislature,
or by authority derived therefrom, to be exercised in such par-
ticular cases only as the Legislature shall expressly provide for.
XXX. The freedom of deliberation, speech and debate in
either house of the Legislature, is so essential to the rights of
the people, that it cannot be the foundation of any action, com-
plaint, or prosecution in any other court or place whatsoever.
XXXI. The Legislature shall assemble for the redress of
public grievances; and for making such laws as the public good
may require.
XXXII. The people have a right, in an orderly and peace:
able manner, to assemble and consult upon the public good,
give instructions to their representatives, and to request of the
legislative body, by way of petition or remonstrance, redress of
-the wrongs done them, and of the grievances they suffer.
XXXIII. No magistrate or court of law shall demand exces-
sive bail or sureties, impose excessive fines. or inflict cruel or
unusual punishments.
XXXIV. No person can in any case be subjected to law
martial, or to any pains or penalties by virtue of that law, except
those employed in the army or navy, and except the militia in
actual service, but by authority of the Legislature.
XXXV. It is essential to the preservation of the rights of
every individual, his life, liberty, property and character, that
there be an impartial interpretation of the laws and administra-
tion of justice. It is the right of every citizen to be tried by
2 D
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THE FREEMAN'S GUIDE.
judges as impartial as the lot. of humanity will admit. It is
therefore not only the best policy, but for the security of the
rights of the people, that the judges of the Supreme Judicial
Court should hold their offices so long as they behave well;
subject, however, to such limitations, on account of age, as may
be provided by the Constitution of the state; and that they should
have honorable salaries, ascertained and established by standing
laws.
XXXVI. Economy being a most essential virtue in all states,
especially in a young one; no pensions shall be granted but in
consideration of actual services; and such pensions ought to be
granted with great caution by the Legislature, and never for
more than one year at a time..
J
XXXVII. In the government of this state, the three essen-
tial powers thereof, to wit, the legislative, executive and judicial,
ought to be kept as separate from, and independent of each
other, as the nature of a free government will admit, or as is
consistent with that chain of connection that binds the whole
fabric of the Constitution in one indissoluble bond of unity
and amity.
XXXVIII. A frequent recurrence to the fundamental prin-
ciples of the Constitution, and a constant adherence to justice,
moderation, temperence, industry, frugality, and all the social
virtues are indispensably necessary to preserve the blessings of
liberty and good government; the people ought, therefore, to
have a particular regard to all those principles in the choice of
their officers and representations: and they have a right to re-
quire of their law givers and magistrates an exact and constant
observance of them in the formation and execution of the laws
necessary for the good administration of the government.
PART II.
FORM OF GOVERNMENT
"
THE people inhabiting the territory formerly called the
Province of New-Hampshire, do hereby solemnly and mutually
agree with each other, to form themselves into a free, sovereign,
and independent body politic, or state, by the name of the State
of New-Hampshire.
GENERAL COURT:
THE supreme legislative power, within this state, shall be
vested in the Senate and House of Representatives, each of which
shall have a negative on the other.
The Senate and House shall assemble every year on the last
NEW HAMPSHIRE.
43
}
Wednesday of October, and at such other times as they may
judge necessary; and shall dissolve, and be dissolved, seven
days next preceding the said last Wednesday of October; and ·
shall be styled The General Court of New-Hampshire.
The General Court shall forever have full power and au-
thority to erect and constitute judicatories and courts of record,
or other courts, to be holden in the name of the state for the
hearing, trying and determining all manner of crimes, offences,
pleas, processes, plaints, actions, causes, matters and things
whatsoever; arising or happening within this state, or between
or concerning persons inhabiting or residing, or brought with-
in the same, whether the same be criminal or civil, or whether
the crimes be capital or not capital, and whether the said pleas
be real, personal or mixed; and for awarding and issuing exe-
cution thereon. To which courts and judicatories are hereby
given and granted, full power and authority, from time to time,
to administer oaths or affirmations, for the better discovery of
truth in any matter in controversy, or depending upon them.
And farther, full power and authority are hereby given and
granted to the said General Court, from time to time, to make,
ordain and establish, all manner of wholesome and reasonable
orders, laws, statutes, ordinances, directions and instructions,
cither with penalties or without; so as the same be not repug-
nant or contrary to this Constitution, as they may judge for the
benefit and welfare of this state, and for the governing and or-
dering thereof, and of the citizens of the same, for the neces
sary support and defence of the government thereof; and to
name and settle annually, or provide by fixed laws for the nam-
ing and settling all civil officers within this state; such officers
excepted, the election and appointment of whom are hereafter
in this form of government otherwise provided for; and to set
forth the several duties, powers and limits of the several civil
and military officers of this state, and the forms of such oaths
or affirmations as shall be respectively administered unto them,
for the execution of their several offices and places, so as the
same be not repugnant or contrary to this Constitution; and
also to impose fines, mulcts, imprisonments and other punish-
ments; and to impose and levy proportional and reasonable as-
sessments, rates and taxes upon all the inhabitants of and resi-
dents within the said state; and upon all estates within the same;
to be issued and disposed of by warrant, under the hand of the ✩
governor of this state for the time being, with the advice and
consent of the council, for the public service, in the necessary
defence and support of the government of this state, and the
protection and preservation of the citizens thereof, according
to such acts as are, or shall be, in force within the same.
44
THE FREEMAN'S GUIDE.
And while the public charges of government, or any part
thereof, shall be assessed on polls and estates in the manner that
has been heretofore practised; in order that such assessments
may be made with equality, there shall be a valuation of the
estates within the state, taken anew once in every five years at
least, and as much oftener as the General Court shall order
No member of the General Court shall take fees, be of coun-
sel or act as advocate, in any cause before either branch of
the Legislature: and upon due proof thereof, such member
shall forfeit his seat in the Legislature.
The doors of the galleries of each house of the Legislature
shall be kept open to all persons who behave decently, except
when the welfare of the state, in the opinion of either branch,
shall require secrecy.
SENATE.
THE Senate shall consist of thirteen members, who shall hold
their offices for one year, from the last Wednesday of October
next ensuing their election.
And that the state may be equally represented in the Senate,
the Legislature shall, from time to time, divide the state into
thirteen districts, as nearly equal as may be, without dividing
towns and unincorporated places; and in making this division,
they shall govern themselves by the proportion of public taxes.
paid by the said districts, and timely make known to the inha-
bitants of the state the limits of each district.
The freeholders and other inhabitants of each district, quali-
fied as in this Constitution is provided, shall annually give in
their votes for a senator, at some meeting holden in the month
of March.
The Senate shall be the first branch of the Legislature; and
the senators shall be chosen in the following manner, viz.:
Every male inhabitant of each town, and parish with town pri-
vileges, and places unincorporated, in this state, of twenty-one
years of age and upwards, excepting paupers and persons ex-
cused from paying taxes at their own request, shall have a right-
at the annual or other meetings of the inhabitants of said towns
and parishes, to be duly warned and holden annually `forever
in the month of March, to vote in the town or parish wherein
he dwells, for the senators in the county or district whereof he
is a member.
Provided nevertheless, That no person shall be capable of
being elected a senator, who is not seised of a freehold estate,
in his own right, of the value of two hundred pounds, lying
within this state, who is not of the age of thirty years, and who
shall not have been an inhabitant of this state for seven years
NEW-HAMPSHIRE.
45
immediately preceding his election, and at the time thereof he
shall be an inhabitant of the district for which he shall be chosen.
And every person, qualified as the Constitution provides,
shall be considered an inhabitant for the purpose of electing and
being elected into any office or place within this state, in the
town, parish and plantation where he hath his home.
And the inhabitants of plantations and places unincorporated,
qualified as this Constitution provides, who are or shall be re-
quired to assess taxes upon themselves toward the support of
government, or shall be taxed therefor, shall have the same
privilege of voting for senators, in the plantations and places
wherein they reside, as the inhabitants of the respective towns
and parishes aforesaid have. And the meetings of such planta-
tions and places for that purpose, shall be holden annually in
the month of March, at such places respectively therein as the
assessors thereof shall direct; which assessors shall have like
authority for notifying the electors, collecting and returning.
the votes, as the selectmen and town clerks have in their several
towns by this Constitution.
The meetings for the choice of governor, council and sena-
tors, shall be warned by warrant, from the selectmen, and go-
verned by a moderator, who shall, in the presence of the select-
men, (whose duty it shall be to attend,) in open meeting, re-
ceive the votes of all the inhabitants of such towns and parishes
present, and qualified to vote for senators; and shall, in said
meetings, in presence of the said selectmen and of the town
clerk, in said meeting, sort and count the said votes, and make
a public declaration thereof, with the name of every person
voted for, and the number of votes for each person: and the
town clerk shall make a fair record of the same at large, in the
town book, and shall make out a fair attested copy thereof, to
be by him sealed up, and directed to the secretary of the state,
with a superscription expressing the purport thereof; and the
said town clerk shall cause such attested copy to be delivered
to the sheriff of the county in which such town or parish shall
lie, forty days at least before the last Wednesday of October;
or to the secretary of the state at least thirty days before the
said last Wednesday of October; and the sheriff of each county,
or his deputy, shall déliver all such certificates by him re-
ceived, into the secretary's office, at least thirty days before the
last Wednesday of October.
And that there may be a due meeting of senators on the last
Wednesday of October annually, the governor, and a majority
of the council for the time being, shall, as soon as may be, ex-
amine the returned copies of such records; and fourteen days
46
THE FREEMAN'S GUIDE.
before the said last Wednesday of October, he shall issue his
summons to such persons as appear to be chosen senators by
a majority of votes, to attend and take their seats on that day.
Provided nevertheless, That for the first year the said re-
turned copies shall be examined by the president and a majo-
rity of the council then in office: And the said president shall,
in like manner, notify the persons elected, to attend and take
their seats accordingly.
And in case there shall not appear to be a senator elécted by
a majority of votes, for any district, the deficiency shall be sup-
plied in the following manner, viz.: The members of the House
of Representatives, and such senators as shall be declared elect-
ed, shall take the names of the two persons having the highest
number of votes in the district, and out of them shall elect by
joint ballot the senator wanted for such district; and in this
manner all such vacancies shall be filled up in every district of
the state; and in like manner all vacancies in the Senate, aris-
ing by death, removal out of the state, or otherwise, shall be
supplied as soon as may be after such vacancies happen.
The Senate shall be final judges of the elections, returns and
qualifications of their own members, as pointed out in this Con-
stitution.
The Senate shall have power to adjourn themselves, provided
such adjournment do not exceed two days at a time.
Provided nevertheless, That whenever they shall sit on the
trial of any impeachment, they may adjourn to such time and
place as they may think proper, although the Legislature be
not assembled on such day or at such place.
The Senate shall appoint their president and other officers,
and determine their own rules of proceedings: And not less
than seven members of the Senate shall be a quorum for doing
business; and when less than eight senators shall be present,
the assent of five at least shall be necessary to render their acts
and proceedings valid.
The Senate shall be a court, with full power and authority to
hear, try and determine, all impeachments made by the House
of Representatives against any officer or officers of the state,
for bribery, corruption, mal-practice or mal-administration, in
office; with full power to issue summons, or compulsory pro-
cess, for convening witnesses before them, with all necessary
powers incident to a court of trials: But previous to the trial of
any such impeachment, the members of the Senate shall be re-
spectively sworn, truly and impartially to try and determine the
charge in question, according to evidence. And every officer,
împeached for bribery, corruption, mal-practice or mal-adminis-
NEW HAMPSHIRE.
47
་
tration in office, shall be served with an attested copy of the
impeachment, and order of the Senate thereon, with such cita-
tion as the Senate may direct, setting forth the time and place
of their sitting to try the impeachment; which service shall be
made by the sheriff, or such other sworn officer as the Senate
may appoint, at least fourteen days previous to the time of trial;
and such citation being duly served and returned, the Senate
may proceed in hearing of the impeachınent, giving the person
impeached, if he shall appear, full liberty of producing wit-
nesses and proofs, and of making his defence, by himself and
counsel; and may also, upon his refusing or neglecting to ap-
pear, hear the proofs in support of the impeachment, and ren-
der judgment thereon, his non-appearance notwithstanding;
and such judgment shall have the same force and effect as if
the person impeached had appeared and pleaded in the trial.
Their judgment, however, shall not extend further than remo-
val from office, disqualification to hold or enjoy any place of
honor, trust or profit, under this state; but the party so con-
victed, shall nevertheless be liable to indictment, trial, judg-
ment and punishment, according to the laws of the land.
Whenever the governor shall be impeached, the chief jus-
tice of the Supreme Judicial Court shall, during the trial, pre-
side in the Senate, but have no vote therein.
HOUSE OF REPRESENTATIVES.
THERE shall be, in the Legislature of this state, a represen-
tation of the people, annually elected, and founded upon prin-
ciples of equality: And, in order that such representation may
be as equal as circumstances will admit, every town, parish or
place entitled to town privileges, having one hundred and fifty
rateable male polls, of twenty-one years of age and upwards,
may elect one representative; if four hundred and fifty rate-
able polls, may elect two representatives; and so proceeding in
that proportion, making three hundred such rateable polls the
mean of increasing number, for every additional representative.
Such towns, parishes or places, as have less than one hundred
and fifty rateable polls, shall be classed by the General Assem-
bly, for the purpose of choosing a representative, and seasona-
bly notified thereof. And in every class formed for the above
mentioned purpose, the first annual meeting shall be held in
the town, parish or place wherein most of the rateable polls re-
side; and afterwards in that which has the next highest num-
ber; and so on annually, by rotation, through the several towns,
parishes or places forming the district.
Whenever any town, parish, or place entitled to town privi-
leges as aforesaid, shall not have one hundred and fifty rateable
48
FREEMAN'S GUIDE.
polls, and being so situated as to render the classing thereaf
with any other town, parish or place very inconvenient, the
General Assembly may, upon application of a majority of the
voters in such town, parish or place, issue a writ for their elect-
ing and sending a representative to the General Court.
The members of the House of Representatives shall bé
chosen annually, in the month of March, and shall be the se-
cond branch of the Legislature.
All persons qualified to vote in the election of senators shall
be entitled to vote within the district where they dwell, in the
choice of representatives. Every member of the House of Re-
presentatives shall be chosen by ballot; and for two years at
least, next preceding his election, shall have been an inhabitant
of this state; shall have an estate within the district which he
may be chosen to represent, of the value of one hundred pounds,
one half of which, to be a freehold, whereof he is seised in his
own right; shall be at the time of his election, an inhabitant of
the district he may be chosen to represent, and shall cease to
represent such district immediately on his. ceasing to be quali
fied as aforesaid.
The members of both Houses of the Legislature shall be
compensated for their services out of the treasury of the state,
by a law made for that purpose; such members attending sea-
sonably, and not departing without licence. All intermediate
vacancies in the House of Representatives, may be filled up
from time to time, in the same manner as annual elections are
made.
The House of Representatives shall be the grand inquest of
the state; and all impeachments made by them, shall be heard
and tried by the Senate.
All money bills shall originate in the House of Representa-
tives; but the Senate may propose, or concur with amendments,
as on other bills.
The House of Representatives shall have the power to ad-
journ themselves, but no longer than two days at a time.
A majority of the members of the House of Representatives
shall be a quorum for doing business: But when less than two
thirds of the representatives elected shall be present, the assent
of two thirds of those members, shall be necessary to render
their acts and proceedings valid.
No member of the House of Representatives or Senate shall
be arrested or held to bail, on mean process, during his going
to, returning from, or attendance upon the Court.
The House of Representatives shall choose their own speak-
er, appoint their own officers, and settle the rules of proceed-
NEW HAMPSHIRE.
49
ings in their own House; and shall be judge of the returns,
elections and qualifications of its members, as pointed out in this
Constitution. They shall have authority to punish, by impri-
sonment, every person who shall be guilty of disrespect to the
House, in its presence, by any disorderly and contemptuous
behavior, or by threatening or ill treating any of its members;
or by obstructing its deliberations; every person guilty of a
breach of its privileges, in making arrests for debt, or by as-
saulting any member during his attendance at any session; in
assaulting or disturbing any one of its officers in the execution
of any order or procedure of the House; in assaulting any wit-
ness or other person ordered to attend, by and during his at-
tendance on the House, or in rescuing any person arrested by
order of the House, knowing them to be such. The Senate,
governor and council shall have the same powers in like cases:
Provided, That no imprisonment by either for any offence ex-
ceed ten days.
+
The journals of the proceedings, and all the public acts of
both Houses of the Legislature, shall be printed and published
immediately after every adjournment or prorogation; and upon
motion made by any one member, the ayes and nays upon any
question shall be entered in the journal: And any member of
the Senate or House of Representatives shall have a right on
motion made at the time for that purpose to have his protest or
dissent, with the reasons, against any vote, resolve or bill pass-
cd, entered on the journals.
EXECUTIVE POWER.
GOVERNOR.
THE governor shall be chosen annually, in the month of
March; and the votes shall be received, sorted, counted, certi-
fied and returned in the same manner as the votes for senators;
and the secretary shall lay the same before the Senate and
House of Representatives on the last Wednesday of October,
to be by them examined; and in case of an election by a ma-
jority of votes through the state, the choice shall be by them.
declared and published.
And the qualifications of electors of the governor shall be
the same as those for senators; and if no person shall have a
-majority of votes, the Senate and, House of Representatives
shall, by joint ballot, elect one of the two persons having the
highest number of votes, who shall be declared governor.
And no person shall be eligible to this office, unless at the
time of his election, he shall have been an inhabitant of this
state for seven years next preceding, and unless he shall be of
E
50
THE FREEMAN'S GUIDE.
the age of thirty years, and unless he shall, at the same time,
have an estate of the value of five hundred pounds, one half of
which shall consist of a freehold, in his own right, within this
state.
:
In cases of disagreement between the two Houses, with re-
gard to the time or place of adjournment or prorogation, the
governor, with the advice of council, shall have a right to ad-
journ or prorogue the General Court, not exceeding seven
months at any one time, as he may determine the public good
may require, to meet at the place where the General Court
shall be at that time sitting; and he shall dissolve the same se-
ven days before the said last Wednesday in October.
And, in case of any infectious distemper prevailing in the
place where the said Court at any time is to convene, or any
other cause whereby dangers may arise to the health or lives
of the members from their attendance, the governor may direct
the session to be holden at some other, the most convenient
place within the state.
Every bill which shall have passed both Houses of the Gene-
ral Court, shall, before it become a law, be presented to the
governor; if he approve, he shall sign it, but if not, he shall re-
turn it, with his objections, to that House in which it shall have
originated, who shall enter the objections at large on their
journal, and proceed to reconsider it; if, after such reconside-
ration, two thirds of that House shall agree to pass the bill, it
shall be sent, together with such objections, to the other House,
by which it shall likewise be reconsidered, and if approved by
two thirds of that House, it shall become a law. But in all such
cases the votes of both Houses shall be determined by yeas and
nays, and the names of the persons voting for or against the
bill, shall be entered on the journal of each House respectively.
If any bill shall not be returned by the governor within five days,
(Sundays excepted,) after it shall have been presented to him,
the same shall be a law, in like manner as if he had signed it,
unless the Legislature, by their adjournment prevent its return,
in which case it shall not be a law.
Every resolve shall be presented to the governor, and before
the same shall take effect, shall be approved by him, or being
disapproved by him, shall be repassed by the Senate and House
of Representatives, according to the rules and limitations-pre-
scribed in the case of a bill,
All judicial officers, the attorney general, solicitors, all she-
riffs, coroners, registers of probate, and all officers of the navy,
and general and field officers of the militia, shall be nominated
and appointed by the governor and council; and every such
nomination shall be made at least three days prior to such ape

NEW-HAMPSHIRE.
51
pointment; and no appointment shall take place, unless a ma-
jority of the council agree thereto The governor and council
shall have a negative on each other, both in the nominations
and appointments. Every nomination and appointment shall be
signed by the governor and council, and every negative shall
be also signed by the governor or council who made the same.
The captains and subalterns, in the respective regiments,
shall be nominated by the field officers, and if approved by the
governor, shall be appointed by him.
Whenever the chair of the governor shall become vacant, by
reason of his death, absence from the state or otherwise, the
president of the Senate, shall, during such vacancy, have and
exercise all the powers and authorities which, by this Constitu-
tion, the governor is vested with, when personally present; but
when the president of the Senate shall exercise the office of go-
vernor, he shall not hold his office in the Senate.
The governor, with advice of council, shall have full power.
and authority, in the recess of the General Court, to prorogue
the same from time to time, not exceeding seven months, in
any one recess of said Court, and during the session of said
Court, to adjourn or prorogue it to any time the two Houses
may desire, and to call it together sooner than the time to which
it may be adjourned or prorogued, if the welfare of the state
should require the same.
The governor of this state for the time being shall be com-
mander in chief of the army and navy, and all the military
forces of this state by sea and land; and shall have full power
by himself or by any chief commander, or other officer or offi-
cers, from time to time, to train, instruct, exercise and govern
the militia and navy; and for the special defence and safety of
this state, to assemble in martial array and put in warlike pos-
ture the inhabitants thereof, and to lead and conduct them, and
with them to encounter, repulse, rcpel, resist and pursue by
force of arms, as well by sea, as by land, within and without the
limits of this state; and also to kill, slay, destroy, if necessary,
and conquer by all fitting ways, enterprize and means, all and
every such person and persons as shall at any time hereafter in
a hostile manner attempt or enterprize the destruction, inva-
sion, detriment or annoyance of this state; and to use and exer-
cise over the army and navy, and over the militia in actual ser-
vice, the law martial in time of war, invasion, and also in re-
bellion, declared by the Legislature to exist, as occasion shall
necessarily require. And surprize, by all ways and means
whatsoever, all and every such person or persons, with their
ships, arms, ammunition and other goods, as shall in a hostile
manner invade, or attempt the invading, conquering or annoy-
52
THE FREEMAN'S, GUIDE.
ing this state: And in fine, the governor hereby is entrusted
with all other powers incident to the office of captain general
and commander in chief, and admiral, to be exercised agreeably
to the rules and regulations of the Constitution, and the laws of
the land: Provided, That the governor shall not at any time
hereafter, by virtue of any power by this Constitution granted,
or hereafter to be granted to him by the Legislature, transport
any of the inhabitants of this state, or oblige them to march ouť
of the limits of the same, without their free and voluntary con-
sent, or the consent of the General Court, nor grant commis-
sions for exercising the law martial in any case, without the ad-
vice and consent of the council.
The power of pardoning offences, except such as persons
may be convicted of before the Senate; by impeachment of the
House, shall be in the governor, by and with the advice of the
council: But no charter of pardon granted by the governor, with
advice of council, before conviction, shall avail the party plead-
ing the same, notwithstanding any general or particular expres-
sions contained therein, descriptive of the offence or offences
intended to be pardoned.
No officer duly commissioned to command in the militia shall
be removed from his office, but by the address of both Houses
to the governor, or by fair trial in court martial, pursuant to
the laws of the state, for the time being.
The commanding officers of the regiments shall appoint
their adjutants and quarter masters; the brigadiers, their bri-
gade majors; the major generals, their aids; the captains and
subalterns, their non-commissioned officers.
The governor and council shall appoint all officers of the
continental army, whom, by the confederation of the United
States, it is provided that this state shall appoint; as also all of-
ficers of forts and garrisons.
The division of the militia into brigades, regiments and com-
panies, made in pursuance of the militia laws now in force, shall
be considered as the proper division of the militia of this state,
until the same shall be altered by some future law.
No moneys shall be issued out of the treasury of this state,
and disposed of, except such sums as may be appropriated for
the redemption of bills of credit, or treasurer's notes, or for the
payment of interest arising thereon, by warrant under the hand
of the governor for the time being, by and with the advice and
consent of the council, for the necessary support and defence of
this state, and for the necessary protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves of the
General Court.
NEW-HAMPSHIRE.
53
All public boards, the commissary general, all superintend-
ing officers of public magazines and stores, belonging to this
state, and all commanding officers of forts and garrisons within
the same, shall once in every three months, officially, and with-
out requisition, and at other times when required, by the go-
vernor, deliver to him an account of all goods, stores, provi-
sions, ammunition, cannon with their appendages, and small
arms, with their accoutrements, and of all other public property
under their care respectively; distinguishing the quantity and
kind of each, as particularly as may be; together with the condi-
tion of such forts and garrisons: And the commanding officer
shall exhibit to the governor, when required by him, true and
exact plans of such forts, and of the land and sea, or harbor or
harbors adjacent.
The governor and council shall be compensated for their
services from time to time, by such grants as the General
Court shall think reasonable.
Permanent and honorable salaries shall be established by law
for the justices of the Supreme Court.
COUNCIL.
THERE shall be annually elected, by ballot, five counsel
lors, for advising the governor in the executive part of govern-
ment. The freeholders and other inhabitants in each county,
qualified to vote for senators, shall, some time in the month of
March, give in their votes for one counsellor; which votes shall
be received, sorted, counted, certified, and returned to the se-
cretary's office, in the same manner as votes for senators, to be
by the secretary laid before the Senate and House of Represen-
tatives on the last Wednesday of October.
And the person having a majority of votes in any county,
shall be considered as duly elected a counsellor: But if no per-
son shall have a majority of votes in any county, the Senate and
House of Representatives shall take the names of the two per-
sons who have the highest number of votes in each county, and
not elected, and out of those two shall elect, by joint ballot,
the counsellor wanted for such county..
Provided nevertheless, That no person shall be capable of
being elected a counsellor who has not an estates of the value
of five hundred pounds within this state; three hundred pounds
of which (or more) shall be a freehold in his own right, and who
is not thirty years of age; and who shall not have been an in-
habitant of this state for seven years immediately preceding
his election; and at the time of his election an inhabitant of the
county in which he is elected.
The secretary shall, annually, seventeen days before the last
2 B
54
THE FREEMAN'S GUIDE.
Wednesday of October, give notice of the choice of persons
elected.
If any person shall be elected governor, or member of either
branch of the Legislature, and shall accept the trust; or if any
person elected a counsellor, shall refuse to accept the office; or
in case of the death, resignation, or removal of any counsellor
out of the state, the governor may issue a precept for the elec-
tion of a new counsellor in that county where such vacancy shall
happen; and the choice shall be in the same manner as before
directed: and the governor shall have full power and authority to
convene the council, from time to time, at his discretion;
and, with them, or the majority of them, may, and shall, from
time to time, hold a council, for ordering and directing the
affairs of the state according to laws of the land.
The members of the council may be impeached by the House,,
and tried by the Senate, for bribery, corruption, mal-practice
or mal-administration.
The resolutions and advice of the council shall be recorded
by the secretary, in a register, and signed by all the members
present agreeing thereto; and this record may be called for at-
any time by either House of the Legislature; and any member
of the council may enter his opinion contrary to the resolutions
of the majority, with the reasons for such opinion,
The Legislature may, if the public good shall hereafter re-
quire it, divide the state into five districts, as nearly equal as
may be, governing themselves by the number of rateable polls,
and proportion of public taxes; each district to elect a counsel
lor: and, in case of such division, the manner of the choice shall
be conformable to the present mode of election in counties.
And whereas the elections, appointed to be made by this
Constitution, on the last Wednesday of October annually, by
the two Houses of the Legislature, may not be completed on that
day, the said elections may be adjourned from day to day, until
the same may be completed: and the order of the elections shall
be as follow: the vacancies in the Senate, if any, shall be first
filled up: the governor shall then be elected, provided there
shall be no choice of him by the people: and afterward the two
houses shall proceed to fill up the vacancy, if any, in the council
SECRETARY, TREASURER, COMMISSARY GENERAL, &c.
THE Secretary, treasurer, and commissary general shall be
chosen by joint ballot of the senators and representatives assem-
bled in one room.
The records of the state shall be kept in the office of the se-
cretary, and he shall attend the governor and council, the Senate
and Representatives, in person, or by deputy, as they may
require.
NEW-HAMPSHIRE.
55
The secretary of the state shall, at all times, have a deputy,
to be by him appointed; for whose conduct in office he shall be
responsible. And in case of the death, removal, or inability of
the secretary, his deputy shall exercise all the duties of the of-
fice of the secretary of this state, until another shall be appointed.
The secretary, before he enters upon the business of his office,
shall give bond with sufficient sureties, in a reasonable sum,
for the use of the state, for the punctual performance of his
trust.
COUNTY TREASURERS, &c.
THE County treasurers, and registers of deeds, shall be elect-
ed by the inhabitants of the several towns, in the several counties.
in the state; according to the method now practised, and the
laws of the state.
Provided nevertheless, The Legislature shall have authority
to alter the manner of certifying the votes, and the mode of
electing those officers; but not so as to deprive the people of
the right they now have of electing them.
And the Legislature, on the application of the major part of
the inhabitants of any county, shall have authority to divide the
same into two districts for registering deeds, if to them it shall
appear neccessary; each district to elect a register of deeds: and
before they enter upon the business of their office, shall be re-
spectively sworn faithfully to discharge the duties thereof, and
shall severally give bond, with sufficient sureties, in a reasona-
ble sum, for the use of the county, for the punctual performance.
of their respective trusts.

JUDICIARY POWER.
Ir shall be the duty of the general court to make a reform
in the judiciary system, that justice may be administered in a
more cheap and expeditious manner than is now practised, and
that no party shall have a review after the cause has been deter-
mined against him twice by jury.
The general court is hereby empowered to make alterations
in the power of jurisdiction of the courts of common pleas, and
general sessions of the peace, respectively; or, if they shall.
judge it necessary for the public good, to abolish those courts,
or either of them, and invest such other courts, as they may
establish, with the jurisdiction and powers now vested in the
court of common pleas, and courts of general sessions of the
peace, as the general court may, from time to time, judge expe-
dient for the due administration of law and justice.
And it shall be the duty of the general court, to vest in such
court or courts of law as to them may appear expedient, the
power of granting new trials; or a trial after judgment, either
upon verdict of a jury, default, nonsuit, or complaint, for affir-
56
THE FREEMAN'S GUIDE.
mation of judgment, in all cases where substantial justice has
not been done, except as before excepted, in such manner, and
under such restrictions and regulations, as to the General Court
may appear for the public good: Provided application be made
for such review or trial within one year from the rendition of
judgment.
For the more effectual preserving the proper separation of
the three great powers of government, agreeably to the 37th
article in the bill of rights, the power of hearing and deciding
in cases of equity shall be vested either in some judicial court,
or courts, or in some court to be established specially for that
purpose: Provided no power shall be granted to any such courts,
incompatible with the bill of rights and constitution. And the
powers of said courts shall be limited and defined by express
laws: and no suit in equity shall be sustained where clear and
adequate remedy may be had at law.
The General Court are empowered to give to justices of the
peace, jurisdiction in civil causes, when the damages demanded
shall not exceed four pounds, and title of real estate is not
concerned: but with right of appeal, to either party, to some
other court, so that a trial by jury in the last resort may be
had.
No person shall hold the office of a judge in any court, or
judge of probate, or sheriff of any county, after he has attained
the age of seventy years.
No judge of any court, or justice of the peace, shall act as
attorney, or be of counsel, to any party, or originate any civil
suit, in matters which shall come or be brought before him as
judge, or justice of the peace.
All matters relating to the probate of wills, and granting let-
ters of administration, shall be exercised by the judges of pro-
bate, in such manner as the Legislature have directed, or may
hereafter direct; and the judges of probate shall hold their courts
at such place or places, on such fixed days, as the conveniency
of the people may require, and the Legislature from time to
time appoint.

J
No judge, or register of probate, shall be of counsel, act as
advocate, or receive any fees as advocate or council, in any
probate business which is pending, or may be brought into any
court of probate in the county of
CLERKS OFwhich he is judge or register.
COURT.
THE judges of the courts (those of the probate excepted)
shall appoint their respective clerks, to hold their office during
pleasure, and no such clerks shall act as an attorney, or be of
counsel, in any cause in the court of which he is clerk, nor shall
he draw any writ originating a civil action..
NEW-HAMPSHIRE.
57
ENCOURAGEMENT OF LITERATURE, &e.
KNOWLEDGE and learning, generally diffused through a
community, being essential to the preservation of a free govern-
ment: and spreading the opportunities and advantages of edu-
cation through the various parts of the country, being highly
conducive to promote this end; it shall be the duty of the legis-
lators and magistrates, in all future periods of this government,
to cherish the interest of literature and the sciences, and all
seminaries and public schools, to encourage private and pub-
lic institutions, rewards and immunities for the promotion of
agriculture, arts, sciences, commerce, trades, manufactures, and
natural history of the country; to countenance and inculcate
the principles of humanity and general benevolence, public and
private charity, industry and economy, honesty and punctuality,
sincerity, sobriety, and all social affections, and generous senti-
ments among the people.
OATH AND SUBSCRIPTIONS, &c.
ANY person chosen governor, counsellor, senator or repre-
sentative, military or civil officer, (town officers excepted) ac-
cepting the trust, shall before he proceeds to execute the
dutics of his office, make and subscribe the following declara-
tion, viz.
I, A. B. do solemnly swear, that I will bear faith and true
allegiance to the state of New-Hampshire, and will sup-
port the Constitution thereof. So help me God.
I, A. B. do solemnly and sincerely swear and affirm, that I
will faithfully and impartially discharge and perform all
the duties incumbent on me as-
according to
the best of my abilities, agreeably to the rules and regula-
tions of this Constitution, and the laws of the state of New-
Hampshire. So help me God.
Any person having taken and subscribed the oath of alle-
giance, and the same being filed in the secretary's office, he
shall not be obliged to take said oath again.
Provided always, When any person chosen or appointed as
aforesaid, shall be of the denomination called quakers, or shall
be scrupulous of swearing, and shall decline taking the said
oaths, such shall take and subscribe them, omitting the word
swear, and likewise the words So help me God, subjoining instead
thereof, This I do under the pains and penalties of perjury.
And the oaths or affirmations shall be taken and subscribed
by the governor, before the president of the Senate, in presence
of both Houses of the Legislature, and by the senators and re-
presentatives first elected under this Constitution, as altered
and amended, before the president of the state, and a majority
of the council then in office, and forever afterwards before the
58
THE FREEMAN'S GUIDE.
governor and council for the time being; and by all other offi
cers, before such persons, and in such manner as the Legisla-
ture shall from time to time appoint.
All commissions shall be in the name of the state of New-
Hampshire, signed by the governor, and attested by the secre-
tary or his deputy, and shall have the great seal of the state
affixed thereto.
All writs issuing out of the clerk's office in any of the courts
of law, shall be in the name of the state of New-Hampshire;
shall be under be the seal of the court whence they issue, and
bear test of the chief, first, or senior justice of the court; but
when such justice shall be interested, then the writ shall bear
test of some other justice of the court, to which the same shall
be returnable, and be signed by the clerk of such court.
All indictments, presentments, and informations, shall con-
clude, against the peace and dignity of the state.
The estate of such persons as may destroy their own lives,
shall not for that offence be forfeited, but descend or ascend in
the same manner as if such persons had died in a natural way.
Nor shall any article which shall accidentally occasion the death
of any person, be henceforth deemed a deodand, or in any wise
forfeited on account of such misfortune.
All the laws which have heretofore been adopted, used and
approved, in the province, colony, or state of New-Hampshire,
and usually practised on in the courts of law, shall remain and
be in full force until altered and repealed by the Legislature:
such parts thereof only excepted, as are repugnant to the rights
and liberties contained in this Constitution: Provided that
nothing herein contained, when compared with the 23d article
in the bill of rights, shall be construed to affect the laws already
made respecting the persons, or estates, of absentees.
The privilege and benefit of the habeas corpus, shall be en-
joyed in this state, in the most free, easy, cheap, expeditious
and ample manner, and shall not be suspended by the Legisla-
ture, except upon the most urgent and pressing occasion, and
for a time not exceeding three months.
The enacting style in making and passing acts, statutes, and
laws, shall be-Be it enacted by the Senate and House of Re-
presentatives, in General Court convened.
No governor, or judge of the Supreme Judicial Court, shall
hold any office or place under the authority of this state, except
such as by this Constitution they are admitted to hold, saving
that the judges of the said court may hold the offices of justice
of the peace throughout the state; nor shall they hold any place
or office, or receive any pension or salary, from any other state,
government or power whatever,
NEW-HAMPSHIRE.
5.9
No person shall be capable of exercising, at the same time,
more than one of the following offices within this state, viz.
judge of probate, sheriff, register of deeds; and never more
than two offices of profit, which may be held by appointment
of the governor, or governor and council, or Senate and House
of Representatives, or superior or inferior courts, military offi-
ces, and offices of justices of the peace, excepted.
No person holding the office of judge of any court, (except
special judges) secretary, treasurer of the state, attorney gen-
eral, commissary general, military officers receiving pay from
the continent of this state; (excepting officers of the militia,
occasionally called forth on an emergency) register of decds,
sheriff, or officers of the customs, including naval officers, col-
lectors of excise, and state and continental taxes, hereafter ap-
pointed, and not having settled their accounts with the respec-
tive officers with whom it is their duty to settle such accounts,
members of congress, or any person holding any office under
the United States, shall at the same time hold the office of go-
vernor, or have a seat in the Senate or House of Representa
tives, or council; but his being chosen and appointed to, and
accepting the same, shall operate as a resignation of their seat
in the chair, Senate or House of Representatives, or council:
and the places so vacated shall be filled up. No member of the
council shall have a seat in the Senate or House of Represen-
tatives.
No person shall ever be admitted to hold a seat in the Legis-
lature, or any office of trust or importance under this govern-
ment, who, in the due course of law, has been convicted of
bribery or corruption, in obtaining an election or appointment.
In all cases where sums of money are mentioned in this Con-
stitution, the value thereof shall be computed in silver, at siz
shillings and eight pence per ounce.
To the end that there may be no failure of justice, or danger
to the state, by the alteration and amendments made in the Con-
stitution, the General Court is hereby fully authorized and
directed to fix the time when the alterations and amendments
shall take effect, and make the necessary arrangenents accor-
dingly.
It shall be the duty of the selectmen, and assessors, of the
several towns and places in this state, in warning the first an-
nual meeting for the choice of senators, after the expiration of
seven years from the adoption of this Constitution, as amended,
to assert expressly in the warrant, this purpose, armng the
others for the meeting, to wit, to take the sense of the qualified
voters on the subject of a revision of the Constitution; and the
60
THE FREEMAN'S GUIDE.
•
meeting being warned accordingly, and not otherwise, the
moderator shall take the sense of the qualified voters present,
as to the necessity of a revision; and a return of the number of
votes for and against such necessity, shall be made by the clerk,
sealed up and directed to the General Court, at their then next
session; and if it shall appear to the general court by such return,
that the sense of the people of the state has been taken, and
that, in the opinion of the majority of the qualified voters in the
state, present and voting at said meetings, there is a necessity
for a revision of the Constitution, it shall be the duty of the
General Court so cali a convention for that purpose, otherwise
the General Court shall direct the sense of the people to be taken,
and then proceed in the manner before mentioned. The dele-
gates to be chosen in the same manner, and proportioned, as
the representatives to the General Court; provided that no alter-
ations shall be made in the Constitution, before the same shall
be laid before the towns and unincorporated places, and appro-
ved by two-thirds of the qualified voters present and voting on
the subject.
And the same method of taking the sense of the people, as to
a revision of the Constitution, and calling a convention for that
purpose, shall be observed afterwards at the expiration of every
seven years.
This form of govemment shall be enrolled on parchment,
and deposited in the secretary's office, and be a part of the laws
of the land; and printed copies thereof shall be prefixed to the
books containing the laws of this state, in all future editions
thereof.

Attest,
JOHN PICKERING, Pres. P. T.
JOHN CALFE, Sec'y.
•
· ( · ·61
(61)
MASSACHUSETTS.
A Constitution or frame of Government, agreed upon by the
Delegates of the people of the State of Massachusetts Bay,
in Convention, begun and held at Cambridge, on the first of
September, 1779, and continued by adjournment, to the second
of March, 1780.
•
PREAMBLE.
THE end of the institution, maintenance, and administration
of government, is to secure the existence of the body politic,
to protect it, and to furnish the individuals who compose it, with
tranquillity, their natural
the power of enjoying, in safety and
rights, and the blessings of life: and whenever these great
objects are not obtained, the people have a right to alter the
government, and to take measures, necessary for their safety,
prosperity, and happiness.
The body politic is formed by a voluntary association of in-
dividuals. It is a social compact, by which the whole people
covenants with each citizen, and each citizen with the whole
people, that all shall be governed by certain laws for the com-
mon good. It is the duty of the people, therefore, in framing a
constitution of government, to provide for an equitable mode of
making laws, as well as for an impartial interpretation, and a
faithful execution of them; that every man may, at all times,
find his security in them.
•
We, therefore, the people of Massachusetts, acknowledging,
with grateful hearts, the goodness of the Great Legisiator of
the universe, in affording us, in the course of his providence,
an opportunity, deliberately and peaceably, without fraud, vio-
lence, or surprize, of entering into an original, explicit, and so-
lemn compact with each other; and of forming a new constitu-
tion of civil government, for ourselves and posterity;--and
devoutly imploring his direction in so interesting a design, do
agree upon, ordain, and establish the following declaration of
rights, and frame of government, as the Constitution of the Com-
monwealth of Massachusetts.
F
62
THE FREEMAN'S GUIDE.
PART I.
A DECLARATION OF RIGHTS,
Of the Inhabitants of the Commonwealth of Massachusetts.
be
ART. I. All men are born free and equal, and have certain
natural, essential, and unalienable rights: among which, may
reckoned the right of enjoying and defending their lives and
liberties; that of acquiring, possessing, and protecting proper-
ty; in fine, that of seeking and obtaining their safety and hap-
piness.
II. It is the right, as well as the duty, of all men in society,
publicly, and at stated seasons, to worship the Supreme Being,
the Great Creator and Preserver of the universe. And no sub-
ject shall be hurt, molested, or restrained, in his person, liberty,
or estate, for worshipping God in the manner and seasons most
agreeable to the dictates of his own conscience; or for his re-
ligious profession or sentiments-provided he doth not disturb
the public peace, or obstruct others in their religious worship.
:
III. As the happiness of a people, and the good order and
preservation of civil government, essentially depend upon pie-
ty, religion, and morality; and as these cannot be generally dif
fused through a community, but by the institution of the public
worship of God, and of public institutions in piety, religion, and
morality-Therefore to promote their happiness, and to secure
the good order and preservation of their government, the peo-
ple of this commonwealth have a right to invest their Legisla-
ture with power to authorize and require, and the Legislature
shall, from time to time, authorize and require the several towns,
parishes, precincts, and other bodies politic, or religious socie-
ties, to make suitable provision, at their own expense, for the
institution of the public worship of God, and for the support
and maintenance of public protestant teachers of piety, religion,
and morality, in all cases, where such provision shall not be
made voluntarily.
All the people of the commonwealth have also a right to,
and do invest their Legislature with authority, to enjoin upon
all the subjects, an attendance upon the instructions of the pub-
lic teachers, as aforesaid, at stated times and seasons, if there
be any one whose instructions they can conscientiously and con- --
veniently attend.
Provided notwithstanding, That the several towns, parishes,
precincts, and other bodies politic, or religious societies, shall
at all times, have the exclusive right of electing their public
MASSACHUSETTS.
6'3
teachers, and of contracting with them, for their support and
maintenance.
All moneys, paid by the subject, to the support of public
worship, and of the public teachers aforesaid, shall, if he require
it, be uniformly applied to the support of the public teacher,
or teachers of his own religious sect or denomination, provided
there be any, on whose instructions he attends, otherwise it may
be paid toward the support of the teacher, or teachers of the
parish, or precinct in which the said moneys are raised.
And every denomination of christians, demeaning themselves
peaceably, and as good subjects of the commonwealth, shall
be equally under the protection of the law; and no subordina-
sion of any sect or denomination to another shall ever be estab-
lished by law.
IV. The people of this commonwealth have the sole and
exclusive right of governing themselves, as a free, sovereign,
and independent state: and do, and forever hereafter shall, ex-
ercise and enjoy every power, jurisdiction, and right which is
not, or may not hereafter, be by them expressly delegated to
to the United States of America, in Congress assembled.
象
​V. All power residing originally in the people, and being
derived from them the several magistrates, and officers of
government, vested with authority, whether legislative, execu-
tive, or judicial, are their substitutes and agents, and are at all
times accountable to them.
VI. No man, or corporation, or association of men have any
other title, to obtain advantages, or particular and exclusive pri-
vileges, distinct from those of the community, than what arises
from the consideration of services rendered to the public. And
this title being, in nature, neither hereditary, nor transmissable
to children, or descendants or relations of blood-the idea of
a man born a magistrate, law giver, or judge is absurd and
unnatural.
VII. Government is instituted for the common good; for the
protection, safety, prosperity and happiness of the people: and
not for the profit, honor, or private interest of any one man,
family, or any one class of men. Therefore, the people alone
have an incontestible, unalienable and indefeasible right, to in-
stitute government, and to reform, alter, or totally change the
same, when their protection, safety, prosperity and happiness,
require it.
VIII. In order to prevent those, who are yested with author-
ity, from becoming oppressors, the people have a right, at such
periods and in such manner, as they shall establish by the frame
of government, to cause their public officers to return to pri-
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THE FREEMAN'S GUIDE.
·
vate life: and to fill up vacant places, by certain and regular
elections and appointments.
IX. All elections ought to be free; and all the inhabitants
of this commonwealth, having such qualifications as they shail
establish by their frame of government, have an equal right to
elect officers, and to be elected for public employments.
X. Each individual of the society has a right to be protected
by it, in the enjoyment of his life, liberty, and property, accord-
ing to the standing laws. He is obliged consequently, to con-
tribute his share to the expense of this protection; to give his
personal service, or an equivalent when necessary. But no part
of the property of any individual can, with justice, be taken
from him, or applied to the public uses, without his own con-
sent, or that of the representative body of the people. In fine,
the people of this commonwealth are not controlable `by any
other laws, than those to which their constitutional representa-
tive body have given their consent. And whenever the public
exigencies require, that the property of any individual should
be appropriated to public uses, he shall receive a reasonable
compensation therefor.
XI. Every subject of the commonwealth ought to find a
certain remedy, by having recourse to the laws, for all injuries
or wrongs which he may receive, in his person, property, or
character. He ought to obtain right and justice freely, and
without being obliged to purchase it—completely, and without
any denial-promptly, and without delay: conformable to the
laws.
XII. No person shall be held to answer for any crime or
offence, until the same is fully and plainly, substantially and
formally, described to him; or be compelled to accuse or für-
nish evidence against himself. And every person shall have a
right to produce all proofs that may be favorable to him; to
meet the witnesses against him, face to face, and to be fully
heard in his defence, by himself, or his council, at his election..
And no person shall be arrested, imprisoned, or despoiled, or
deprived of his property, immunities, or privileges, put out of
the protection of the law, exiled, or deprived of his life, liberty,
or estate, but by the judgment of his peers, or the law of the
land.
And the Legislature shall not make any law, that shall sub-
ject any person to a capital or infamous punishment, (except-
ing for the government of the army or navy) without trial by
jury.
XIII. In criminal prosecutions, the verification of facts; in
the vicinity where they happen, is one of the greatest securities
of the life, liberty, and property of the citizens..
MASSACHUSETTS.
65
A
XIV. Every person has a right to be secure from all unrea-
sonable searches and seizures of his person, his houses, his
papers, and all his possessions. All warrants, therefore, are
contrary to this right, if the cause or foundation of them be not
previously supported by oath or affirmation; and if the order, in a
warrant to a civil officer, to make search in all suspected places,
or to arrest one or more suspected persons:. or to seize their
property, be not accompanied with a special designation of the
persons or objects of search, arrest or seizure. And no war-
rant ought to be issued, but in cases, and with the formalities
prescribed by the laws.
XV. In all controversies concerning property; and in all
suits between two or more persons, (except in cases in which
it has heretofore been otherwise used and practised) the parties
have a right to a trial by jury; and this method of procedure
shall be held sacred; unless, in cases arising on the high seas,
and such as relate to mariners' wages, the Legislature shall
hereafter find it necessary to alter it.
XVI. The liberty of the press is essential to the security of
freedom in a state; it ought not therefore, to be restrained in
this commonwealth.
XVII. The people have a right to keep and to bear arms for
the common defence. And as, in time of peace, armies are
dangerous to liberty, they ought not to be maintained, without
the consent of the Legislature: and the military power shall
always be held in exact subordination to the civil authority, and
be governed by it.
XVIII. A frequent recurrence to the fundamental princi-
ples of the Constitution, and a constant adherence to those of
piety, justice, moderation, temperance, industry and frugality,
are absolutely necessary to preserve the advantages of liberty,
and to maintain a free government. The people ought, conse-
quently, to have a particular attention to all those principles,
in the choice of their officers and representatives; and they
have a right to require of their law givers and magistrates, an
exact and constant observance of them, in the formation and
execution of all laws necessary for the good administration of
the commonwealth.
XIX. The people have a right, in an orderly and peaceable
manner, to assemble to consult upon the common good: give
instructions to their representatives; and to request of the le-
gislative body, by the way of addresses, petitions, or remon-
strances, redress of the wrongs done them, and of the grievances
they suffer.
XX. The power of suspending the laws, or the execution of
2 F
66
THE FREEMAN'S GUIDE.
them, ought never to be exercised but by the Legislature;
or by authority derived from it, to be exercised in such par-
ticular cases only as the Legislature shall expressly provide
for.
XXI. The freedom of deliberation, speech, and debate, in
either House of the Legislature, is so essential to the rights of
the people, that it cannot be the foundation of any accusation or
prosecution, action, or complaint, in any other court or place
whatsoever.
XXII. The Legislature ought frequently to assemble, for
the redress of grievances, for correcting, strengthening, and
confirming the laws, and for making new laws, as the common
good may reqire.
XXIII. No subsidy, charge, tax, impost or duties ought to
be established, fixed, laid, or levied, under any pretext whatso-
ever, without the consent of the people, or their representatives
in the Legislature.
XXIV. Laws, made to punish for actions, done before the
existence of such laws, and which have not been declared crimes
by preceding laws, are unjust, oppressive, and inconsistent with
the fundamental principles of a free government.
XXV. No person ought, in any case, or in any time, to be
declared guilty of treason or felony by the Legislature.
XXVI. No magistrate, or court of law, shall demand exces-
sive bail or sureties, impose excessive fines, or inflict cruel or
unusual punishments.
XXVII. In time of peace, no soldier ought to be quartered
în any house, without the consent of the owner; and in time of
war, such quarters ought not to be made, but by the civil ma-
gistrate, in a manner ordained by the Legislature.
XXVIII. No person can, in any case, be subjected to law
martial, or to any penalties or pains, by virtue of that law,
except those employed in the army or navy, and except the
militia in actual service, but by the authority of the Legislature.
XXIX. It is essential to the preservation of the rights of
every individual, his life, liberty, property, and character, that
there be an impartial interpretation of the laws, and administra-
tion of justice. It is the right of every citizen, to be tried by-
judges, as free, impartial and independent, as the lot of human-
ity will admit. It is, therefore, not only the best policy, but for
the security of the rights of the people, and of every citizen,
that the judges of the Supreme Judicial Court should hold
their offices as long as they behave themselves well; and that
they should have honorable salaries, ascertained and established
by standing laws.
MASSACHUSETTS.
67
XXX. In the government of this commonwealth, the legis-
lative department shall never exercise the executive and judi-
cial powers, or either of them: the executive shall never exer-
cise the legislative and judicial powers, or either of them: the
judicial shall never exercisc the legislative and executive pow-
ers, or either of them: to the end, that it may be a government
of laws, and not of men.
PART II.
FRAME OF GOVERNMENT.
THE people inhabiting the territory formerly called the Pro-
vince of Massachusetts Bay, do hereby solemnly and mutually
agree with each other, to form themselves into a free, sovereign,
and independent body politic, or state, by the name of the THE
COMMONWEALTH OF MASSACHUSETTS.
1
CHAPTER I.
1
THE LEGISLATIVE POWER.
SECTION I.
THE GENERAL COURT.
ART. I. THE department of legislation shall be formed by
two branches, a Senate and House of Representatives: each of
which shall have a negative on the other.
The legislative body shall assemble every year on the last
Wednesday of May, and at such other times as they shall
judge necessary; and shall dissolve and be dissolved, on the
day next preceding the said last Wednesday in May; and shall
be styled, The General Court of Massachusetts.
•
II. No bill or resolve of the Senate or House of Represen-
tatives shall become a law, and have force as such, until it shall
have been laid before the governor for his revisal: and if he,
upon such revision, approve thereof, he shall signify his appro-
bation by signing the same. But if he have any objection to
the passing of such bill or resolve, he shall return the same,
together with his objections thereto, in writing, to the Senate or
House of Representatives in which soever the same shall have
originated; who shall enter the objections sent down by the go-
vernor, at large, on their records, and proceed to reconsider the
said bill or resolve: but if after such reconsideration two thirds
68
THE FREEMAN'S GUIDE.
of the said Senate or House of Representatives, shall, notwith-
standing the said objections, agree to pass the same, it shall, to-
gether 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, it shall have the force of
a law: But in all such cases, the votes of both Houses shall be
determined by yeas and nays; and the names of the persons
voting for or against the said bill or resolve, shall be entered
upon the public records of the commonwealth.
And in order to prevent unnecessary delays, if any bill or re-
solve shall not be returned by the governor within five days
after it shall have been presented, the same shall have the force
of a law.
..
III. The General Court shall forever have full power and
authority to erect and constitute judicatories and courts of re-
cord, or other courts to be held in the name of the common- ·
wealth, for the hearing, trying and determining of all manner
of crimes, offences, pleas, processes, plaints, actions, matters,
causes and things, whatsoever, arising or happening within this
commonwealth, or between or concerning persons inhabiting
or residing, or brought within the same; whether the same be
criminal or civil, or whether the said crimes be capital or not
capital, and whether the said pleas be real, personal or mixed;
and for the awarding and making out of execution thereupon:
to which courts and judicatories, are hereby given and granted,
full power and authority, from time to time, to administer oaths
or affirmations, for the better discovery of truth in any matter
in controversy or depending before them.
IV. And further, full power and authority are hereby given
and granted to the said General Court, from time to time, to
make, ordain and establish, all manner of wholesome and rea-
sonable orders, laws, statutes and ordinances, directions and in-
structions, either with penalties or without, so as the same be
not repugnant or contrary to this Constitution, as they shall
judge to be for the good and welfare of this commonwealth,
and for the government or ordering thereof, and of the citizens
of the same, and for the necessary support and defence of the
government thercof; and to name and settle annually, or pro-
vide by fixed laws, for the naming and settling all civil officers,
within the said commonwealth, the election and constitution of
whom are not hereafter, in this form of government, otherwise
provided for; and to set forth the several duties, powers and
limits of the several civil and military officers of this common-
wealth, and the forms of such oaths or affirmations shall be re-
spectively administered unto them for the execution of their
.
MASSACHUSETTS.
- 69
several offices and places, so as the same be not repugnant or
contrary to this Constitution; and to impose and levy propor-
tional and reasonable assessments, rates and taxes upon all the
inhabitants of, and persons resident, and estates lying within
the said commonwealth; and also to impose and levy reasona-
ble duties and excises upon any produce, goods, wares, mer-
chandizes and commodities whatsoever, brought into, produ-
ced, manufactured or being within the same; to be issued and
disposed of by warrant under the hand of the governor of this
commonwealth for the time being, with the advice and consent
of the council, for the public service, in the necessary defence
and support of the government of the said commonwealth, and
the protection and preservation of the citizens thereof, accord-
ing to such acts as are or shall be in force within the same.
And while the public charges of government, or any part
thereof, shall be assessed on polls and estates in the manner
that has hitherto been practised; in order that such assess-
ments may be made with equality, there shall be a valuation
of estates within the commonwealth taken anew once in every
ten years at least, and as much oftener as the General Court
shall order.
CHAPTER II.
SECTION I.
SENATE.
ART. I. THERE shall be annually elected by the freeholders
and other inhabitants of this commonwealth, qualified as in this
Constitution is provided, forty persons to be counsellors and
senators for the year ensuing their election: to be chosen by
the inhabitants of the districts into which the commonwealth
may from time to time be divided by the General Court for that
purpose. And the General Court, in assigning the numbers to
be elected by the representative districts, shall govern them-
selves by the proportion of the public taxes paid by the said dis-
tricts; and timely make known to the inhabitants of the com-
monwealth, the limits of each district and the number of coun-
sellors and senators to be chosen therein: provided that the
number of such districts shall be never less than thirteen; and
that no district be so large as to entitle the same to choose
more than six senators.
And the several counties in this commonwealth shall, until
the General Court shall determine it necessary to alter the said
districts, be districts for clioice of counsellors and senators,
(except that the counties of Duke's county and Nantucket
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shall form one district for that purpose,) and shall elect the fol-
lowing number for counsellors and senators, viz.:
The town of Boston, in the county of Suffolk, shall form one
district, and choose five senators.
The towns of Salem, Danvers, Marblehead, Lynn, Lynnfield,
Andover, Salisbury, Haverhill, Amesbury, Methuen and Mid-
dleton in the county of Essex, and Chelsea in the county of
Suffolk, shall form one district, and choose three senators.
The towns of Ipswich, Newbury, Newburyport, Beverly,
Rowley, Gloucester, Topsfield, Bradford, Boxford, Wenham,
Manchester and Hamilton, in the county of Essex, shall form
one district, and choose two senators.
The county of Middlesex shall form one district and choose
three senators.
The towns of Springfield, Brimfield, South Brimfield, Long-
meadow, Wilbraham, Holland, Monson, Ludlow, Palmer, West
Springfield, Westfield, Southwick, Granville, Montgomery,
Blanford, Chester, Russell and Tolland, in the county of Hamp-
shire, shall form one district, and choose,one senator..
The towns of Hadley, Northampton, Worthington, West-
ampton, Cummington, Williamsburg, Chesterfield, Greenwich,
Easthampton, Belchertown, Norwich, Granby, Plainfield, South-
ampton, Ware, Middlefield, South Hadley, Goshen, Pelham,
Hatfield and Amherst, in the county of Hampshire, shall form`
one district, and choose one senator.
The county of Plymouth shall form one district, and choose
two senators.
The counties of Bristol and Norfolk shall form one district,
and choose four senators.
The county of Barnstable shall form one district, and choose
one senator.
The counties of Dukes' county and Nantucket, shall form
one district, and choose one senator.
4
The towns of Worcestor, Mendon, Brookfield, Oxford,Charl-
ton, Sutton, Spencer, New Braintree, Westborough, Uxbridge,
Northbridge, Sturbridge, Hardwick, Western, Douglas, Graf-
ton, Petersham, Upton, Dudley, Ward, Milford, Dana and
Barre, in the county of Worcester, shall form one district, and
choose two senators.
The towns of Lancaster, Rutland, Oakham, Hubbardston,
Southborough, Northborough, Lunenburg, Fitchburg, Harvard,
Bolton, Berlin, Leominster, Holden, Roylston, Westminster,
Athol, Templeton, Princeton, Ashburnham, Paxton, Sterling,
Boylston, Gardner, Gerry, West Boylston, Shrewsbury, Win-
chendon and Leicester, in the county of Worcester, shall form
one district, and choose two senators.
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71
The county of Franklin shall form one district, and choose
one senator.
The county of Berkshire shall form one district, and choose
two senators.
The county of York shall form one district, and choose two
senators.
The counties of Cumberland and Oxford shall form one dis-
trict, and choose three senators.
The counties of Lincoln, Hancock and Washington, shall
form one district, and choose three senators.
The counties of Kennebeck and Somerset, shall form one
district, and choose two senators..
។
II. The Senate shall be the first branch of the Legislature;
and the senators shall be chosen in the following manner, viz.:
There shall be a meeting on the first Monday in April, annu-
ally, forever, of the inhabitants of each town in the several coun-
ties in this commonwealth; to be called by the selectmen, and
warned in due course of law, at least seven days before the first
Monday in April, for the purpose of electing persons to be se-
nators and counsellors. And at such meetings, every male in-
habitant, of twenty-one years of age and upward, having a free-
hold estate within the commonwealth of the annual income of
three pounds, or any estate of the value of sixty pounds, shall
have a right to give in his vote for the senators, for the district
of which he is an inhabitant. And to remove all doubts con-
cerning the word "inhabitant," in this Constitution, every per-
son shall be considered as an inhabitant, (for the purpose of
electing and being elected into any office or place within this
state,) in that town, district or plantation where he dwelleth or
hath his home.
The selectmen of the several towns shall preside at such
meetings impartially; and shall receive the votes of all the in-
habitants of such towns present and qualified to vote for sena-
tors; and shall sort and count them in open town meeting, and
in presence of the town clerk, who shall make a fair record, in
presence of the selectmen, and in open town meeting, of the
name of every person voted for, and of the number of votes
against his name; and a fair copy of this record shall be at-
tested by the selectmen and the town clerk, and shall be sealed
up, directed to the secretary of the commonwealth for the time
being, with a superscription expressing the purports of the
contents thereof, and delivered by the town clerk of such town
to the sheriff of the county in which such town lies, thirty days
at least before the last Wednesday in May annually; or it shall
be delivered into the secretary's office seventeen days at least
THE FREEMAN'S GUIDE.
before the said last Wednesday in May; and the sheriff of each
county shall deliver all such certificates by him received into
the secretary's office, seventeen days before the said last Wed-
nesday in May.
And the inhabitants of plantations unincorporated, qualified
as this Constitution provides, who are or shall be empowered
and required to assess taxes upon themselves, toward the sup-
port of government, shall have the same privilege of voting for
counsellors and senators in the plantations where they reside,
as town inhabitants have in their respective towns; and the
plantation meetings for that purpose, shall be held annually on
the same first Monday in April, at such place in the plantations.
respectively, as the assessors thereof shall direct; which asses-
sors shall have like authority for notifying the electors, collect-
ing and returning the votes, as the selectmen and town clerks
have in their several towns, by this Constitution, and all´other
persons, living in places unincorporated, qualified as aforesaid,
who shall be assessed to the support of government, by the as-
sessors of an adjacent town, shall have the privilege of giving
in their votes for counsellors and senators, in the town where
they shall be assessed, and be notified of the place of meeting,
by the selectmen of the town where they shall be assessed, for
that purpose accordingly.
III. And that there may be a due convention of senators on
the last Wednesday in May annually, the governor and five of
the council, for the time being, shall, as soon as may be, ex-
amine the returned copies of such records; and fourteen days
before the said day, he shall issue his summons to such persons
as shall appear to be chosen by the majority of votes to attend
on that day and take their seats accordingly: Provided never-
theless, That for the first year, the said returned copies shall be
examined by the president and five of the council of the former
constitution of government: and the said president shall, in
like manner, issue his summons to the persons so elected, that
they may take their seats as aforesaid.
IV. The Senate shall be the final judge of the elections, re-
turns and qualifications of their own members, as pointed out
in the Constitution; and shall, on the said last Wednesday in
May, annually, determine and declare who are elected by each
district, to be senators, by a majority of votes: and in case there
shall not appear to be the full number of senators returned,
elected by a majority of votes, for any district, the deficiency
shall be supplied in the following manner, viz.: The members
of the House of Representatives, and such senators as shall be
declared elected, shall take the names of such persons as shal

MASSACHUSETTS.
73
be supplied in the following manner, viz.: The members of
the House of Representatives, and such senators as shall be
declared elected, shall take the names of such persons as shall
be found to have the highest number of votes in such district,
and not elected, amounting to twice the number of senators
wanting, if there be so many voted for; and out of these, shall
elect, by ballot, a number of senators, sufficient to fill the
up
vacancies in such district; and in this manner all such vacan-
cies shall be filled in every district of the commonwealth: and
in like manner, all vacancies in tlie Senate, arising by death,
removal out of the state, or otherwise, shall be supplied as soon
as may be, after such vacancies shall happen.
V. Provided nevertheless, That no person shall be capable
of being elected as a senator, who is not seised in his own right
of a freehold within this commonwealth, of the value of three
hundred pounds at least, or possessed of personal estate to the
value of six hundred pounds at least, or of both to the amount
of the same sum; and who has not been an inhabitant of this com-
monwealth for the space of five years immediately preceding
his election; and at the time of his election he shall be an in-
habitant in the district for which he shall be chosen.
VI. The Senate shall have power to adjourn themselves,
provided such adjournments do not exceed two days at a time.
VII. The Senate shall choose its own president, appoint its
own officers, and determine its own rules of proceedings.
VIII. The Senate shall be a court with full authority to hear
and determine all impeachments, made by the House of Re-
presentatives, against any officer or officers of the common-
wealth, for misconduct and mal-administration in their offices.
But previous to the trial of every impeachment, the members
of the Senate shall respectively be sworn, truly and impartially
to try and determine the charge in question, according to evi-
dence. Their judgment, however, shall not extend further than
to removal from office, and disqualification to hold or enjoy
any place of honor, trust or profit, under this commonwealth:
but the party so convicted, shall be, nevertherless, liable to in-
dictment, trial, judgment and punishment, according to the
laws of the land.
IX. Not less than sixty members of the Senate shall consti-
tute a quorum for doing business.
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}
CHAPTER I.
SECTION I.
HOUSE OF REPRESENTATIVES.
MRT. I. THERE shall be in the Legislature of this common-
wealth, a representation of the people, annually elected, and
founded upon the principle of equality.
II. And in order to provide for a representation of the citi-
zens of this commonwealth, founded on the principles of equa-
lity, every corporate town, containing one hundred and fifty
rateable polls, may elect one representative; every corporate
town, containing three hundred and seventy-five rateable polls,
may elect two representatives; every corporate town, contain-
ing six hundred rateable polls, may elect three representatives;
and proceeding in that manner; making two hundred and twen-
ty-five rateable polls the mean increasing number; for every
additional representative.
Provided nevertheless, That each town now incorporated, not
having one hundred and fifty rateable polls, may elect one re-
presentative. But no place shall hereafter be incorporated with
the privilege of electing a representative, unless there are,
within the same, one hundred and fifty rateable polls.
And the House of Representatives shall have power, from
time to time, to impose fines upon such towns as shall neglect
to choose and return members to the same, agreeably to this
Constitution.
The expenses of travelling to the General Assembly, and re-
turning home, once in every session and no more, shall be paid
by the government out of the public treasury, to every mem-
ber who shall attend as seasonably as he can, in the judgment
of the House, and does not depart without leave.
•
III. Every member of the House of Representatives shall
be chosen by written votes; and for one year at least, next pre-
ceding his election, shall have been an inhabitant of, and have
been seised, in his own right, of a freehold of the value of one
hundred pounds, within the town he shall be chosen to repre-
sent, or any rateable estate to the value of two hundred pounds;
and he shall cease to represent the said town immediately on
his ceasing to be qualified as aforesaid.
IV. Every male person, (being twenty-one years of age, and
resident in any particular town, in this commonwealth, for the
space of one year next preceding,) having a freehold estate
within the same town, of the annual income of three pounds,
or any estate of the value of sixty pounds, shall have a right to
MASSACHUSETTS.
75
vote, in the choice of a representative or representatives, for the
said town.
V. The members of the House of Representatives shall be
chosen annually, in the month of May, ten days at least before
the last Wednesday of that month.
VI. The House of Representatives shall be the grand in-
quest of this commonwealth; and all impeachments made by
them, shall be heard and tried by the Senate.
VII. All money bills shall originate in the House of Repre-
sentatives: but the Senate may propose or concur with amend-
ments, as on other bills.
VIII. The House of Representatives shall have power to
adjourn themselves; provided such adjournment shall not ex-
ceed two days at a time.
IX. Not less than sixty members of the House of Repre--
sentatives shall constitute a quorum for doing business.
X. The House of Representatives shall be the judge of the
returns, elections and qualifications of its own members, as
pointed out in the Constitution; shall choose their own speaker,
appoint their own officers, and settle their rules and orders of
proceeding in their own House. They shall have authority to
punish, by imprisonment, every person (not a member) who
shall be guilty of disrespect to the House, by any disorderly or
contemptuous behavior in its presence; or who, in the town
where the General Court is sitting, and during the time of its
sitting, shall threaten harm to the body or estate of any of its
members, for any thing said or done in the House; or who shall
assault any of them therefor; or who shall assault or arrest any
witness, or other person, ordered to attend the House, in his
way in going or returning; or who shall rescue any person ar-
rested by the order of the House.
:
And no member of the House of Representatives shall be.
arrested or held to bail on mesne process, during his going
into, returning from, or his attending the General Assembly.
XI. The Senate shall have the same powers in the like, cases;
and the governor and council shall have the same authority to
punish in like cases: Provided, That no imprisonment on the
warrant or order of the governor, council, Senate or House of
Representatives, for either of the above described offences, be
for a term exceeding thirty days.
And the Senate and House of Representatives may try and
determine all cases where their rights and privileges are con-
cerned, and which, by the Constitution, they have authority to
try and determine, by committees of their own members, or in
such other way as they may respectively think best.
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CHAPTER II.
EXECUTIVE POWER.
SECTION 1.
GOVERNOR...
ART. I. THERE shall be a supreme executive magistrate,
who shall be styled, The Governor of the Commonwealth of
Massachusetts; and whose title shall be, His Excellency.
II. The governor shall be chosen annually; and no person
shall be eligible to this office, unless at the time of his election,
he shall have been an inhabitant of this commonwealth for se-
ven years next preceding; and, unless, he shall, at the same
time, be seised in his own right, of a freehold within the com-
monwealth of the value of one thousand pounds; and unless he
shall declare himself to be of the christian religion.
:
III. Those persons who shall be qualified to vote for sena-
tors and representatives, within the several towns of this com-
monwealth, shall, at a meeting to be called for that purpose, on
the first Monday of April annually, give in their votes for a go-
vernor to the selectinen, who shall preside at such meetings;
and the town clerk, in the presence and with the assistance of
the selectmen, shall, in open town meeting, sort and count the
votes, and form a list of the persons voted for, with the number
of votes for each person, against his name: and shall make a
fair record of the same in the town books, and a public decla-
ration thereof in the said meeting; and shall, in the presence of
the inhabitants, seal up copies of the said list, attested by him
and the selectmen, and transmit the same to the sheriff of the
county, thirty days at least before the last Wednesday in May:
and the sheriff shall transmit the same to the secretary's office,
seventeen days at least before the said last Wednesday in May;
or the selectmen may cause returns of the same to be made to
the office of the secretary of the commonwealth, seventeen days
at least before the said day; and the secretary shall lay the.
same before the Senate and House of Representatives on the..
last Wednesday in May, to be by them examined; and in case
of an election by a majority of all the votes returned, the choice
shall be by them declared and published. But if no person shall
have a majority of votes, the House of Representatives shall,
by ballot, elect two out of four persons, who had the highest
number of votes, if so many shall have been voted for; but if
otherwise, out of the number voted for; and make return to the
Senate, of the two persons so elected; on which the Senate shall
proceed, by ballot, to elect one, who shall be declared governor
*
:
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MASSACHUSETTS.
spy
IV. The governor shall have authority from time to time, at
his discretion, to assemble and call together the counsellors of
this commonwealth for the time being; and the governor, with
the said counsellors, or five of them at least, shall and may,
from time to time, hold and keep a council, for the ordering and
directing the affairs of the commonwealth, agreeably to the
Constitution and the laws of the land.
V. The governor, with advice of council, shall have full pow-
er and authority, during the session of the General Court, to
adjourn or prorogue the same, to any time the two Houses
shall desire; and to dissolve the same on the day next preced-
ing the last Wednesday in May; and in the recess of the said
Court, to prorogue the same, from time to time, not exceeding
ninety days in any one recess; and to call it together sooner
than the time to which it may be adjourned or prorogued, if the
welfare of the commonwealth shall require the same. And in
case of any infectious distemper prevailing in the place where
the said Court is next at any time to convene, or any other
cause happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct the
session to be held at some other of the most convenient places
within the state.
:
And the governor shall dissolve the said General Court on
the day next preceding the last Wednesday in May.
VI. In cases of disagreement between the two Houses, with
regard to the necessity, expediency or time of adjournment, or
prorogation, the governor with advice of the council, shall have.
a right to adjourn or prorogue the General Court, not exceed-
ing ninety days, as he shall determine and the public good shall
require.
VII. The governor of this commonwealth, for the time
being, shall be commander in chief of the army and navy, and
of all the military forces of the state, by sea and land; and shall
have full power, by himself, or by any commander, or other
officer or officers, from time to time, to train, instruct, exercise
and govern the militia and navy; and for the special defence
and safety of the commonwealth, to assemble in martial array
and put in warlike posture, the inhabitants thereof; and to lead
and conduct them, and with them to encounter, repel, resist,
expel and pursue, by force of arms, as well by sea as by land,
within or without the limits of this commonwealth; and also to
kill, slay and destroy, if necessary, and conquer, by all fitting
ways, enterprizes, and means whatsoever, all and every such
person or persons, as shall at any time hereafter, in a hostile
manner, attempt or enterprize the destruction, invasion, detri
,
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THE FREEMAN'S GUIDE.
ment or annoyance of this commonwealth; and to use and ex-
ercise, over the army and navy, and over the militia in actual
service, the law martial, in time of war or invasion, and also in
time of rebellion, (declared by the Legislature to exist,) as oc-
casion shall necessarily require; and to take and surprize, by
all ways and means whatsoever, all and every such person. or
persons, with their ships, arms, ammunition and goods, as shall
in a hostile manner invade, or attempt the invading, conquer-..
ing, or annoying this commonwealth: and that the governor be.
entrusted with all these and other powers, incident to the offi-
ces of captain general, and commander in chief, and admiral,
to be exercised agreeably to the rules and regulations of the
Constitution and the laws of the land, and not otherwise.
•
Provided, That the said governor shall not, at any time here-
after, by virtue of any power by this Constitution granted, or
hereafter to be granted to him by the Legislature, transport
any of the inhabitants of this commonwealth, or oblige them to
march out of the limits of the same, without their free and yo-
luntary consent or the consent of the General Court; except.
so far as may be necessary to march or transport them by land
or water, for the defence of such part of the state, to which they
cannot otherwise conveniently have access.
•
VIII. The power of pardoning offences, except such as per-.
sons may be convicted of before the Senate by an impeachment
of the House, shall be in the governor, by and with the advice
of council; but no charter of pardon, granted by the governor.
with advice of the council, before conviction, shall avail the
party pleading the same, notwithstanding any general or parti-
cular expressions contained therein, descriptive of the offence
or offences intended to be pardoned.
IX. All judicial officers, the attorney general, the solicitor
general, all sheriffs, coroners and registers of probate, shall be
nominated and appointed by the governor, by and with the ad-
vice and consent of the council; and every such nomination
shall be made by the governor, and made at least seven days
prior to such appointment. ·
X. The captains and subalterns of the militia shall be elect
ed by the written votes of the train band and alarm list of their
respective companies, of twenty-one years of age and upward.
The field officers of regiments shall be elected by the written
votes of the captains and subalterns of their respective regi-
ments. The brigadiers shall be elected in like manner, by the
field officers of their respective brigades. And such officers, so...
elected, shall be commissioned by the governor, who shall de-
termine their rank,
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MASSACHUSETTS.
79
:
The Legislature shall, by standing laws, direct the time and
manner, of convening the electors, and of collecting votes, and
of certifying to the governor the officers elected.
The major-generals shall be appointed by the Senate and
House of Representatives, each having a negative upon the
other;, and be commissioned by the governor...
t
And if the electors of brigadiers, field officers, captains, or
subalterns, shall neglect or refuse to make such elections, after
being duly notified, according to the laws of the time being,
then the governor, with the advice of council, shall appoint
suitable persons to fill such offices....
And no officer, duly commissioned to command in the mili
tia, shall be removed from his office, but by the address of both
Houses to the governor, or by fair trial in court martial, pursu-
ant to the laws of the commonwealth, for the time being.
The commanding officers of regiments shall appoint their
adjutants and quarter masters; the brigadiers the brigade.ma-..
jors; and the major generals their aids; and the governor shall
appoint the adjutant general.
The governor, with advice of council, shall appoint all offi-
cers of the continental army, whom, by the confederation of the
United States, it is provided this commonwealth shall appoint,
as also all officers of forts and garrisons.
The divisions of the militia into brigades, regiments and
companies, made in pursuance of the militia laws now in force,
shall be considered as the proper divisions of the militia of this
commonwealth, until the same shall be altered in pursuance of
some future law.
XI. No moneys shall be issued out of the treasury of this
commonwealth, and disposed of, (except such sums as may be
appropriated for the redemption of bills, of credit or treasurer's
notes, or for the payment of interest arising, thereon,) but by
warrant, under the hand of the governor, for the time being,
with the advice and consent of the council, for the necessary
defence and support of the commonwealth, and for the protec-
tion and preservation of the inhabitants thereof, agreeably to
the act and resolves of the General Court.:
XII. All public boards, the commissary general, all superin-
tending officers of public magazines and stores, belonging to this.
commonwealth, and all commanding officers of forts and gar-
risons within the same, shall, once in every three months, offi-
cially and without requisition, and at other times, when required
by the governor, deliver to him an account of all goods, stores,
provisions, ammunition, cannon with their appendages, and.
small arms with their accoutrements, and of all other public
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ጎ
property, whatever, under their care respectively; distinguish-
ing the quantity, number, quality and kind of each, as particu
larly as may be; together with the condition of such forts and
garrisons. And the said commanding officer shall exhibit to the
governor, when required by him, true and exact plans of such
forts, and of the land and sea, harbor or harbors adjacent.
And the said boards, and all public officers, shall communi-
cate to the governor, as soon as may be, after receiving the
same, all despatches, and intelligence of a public nature, which
shall be directed to them respectively.
ť
{
XIII. As the public good requires that the governor should
not be under the undue influence of any of the members of the
General Court, by a dependence on them, for his support; that
he should in all cases act with freedom for the benefit of the
public; that he should not have his attention necessarily di-
verted from that object, to his private concerns: and that he
should maintain the dignity of the commonwealth, in the cha
racter of its chief magistrate-it is necessary that he should
have an honorable stated salary, of a fixed and permanent
value, amply sufficient for those purposes, and established by
standing laws: and it shall be among the first acts of the Gene-
ral Court, after the commencement of this Constitution, to es-
tablish such salary by law accordingly.
Permanent and honorable salaries shall also be established
by law for the justices of the Supreme Judicial Court.
And if it shall be found that any of the salaries aforesaid, so
established, are insufficient, they shall, from time to time, be
enlarged, as the General Court shall judge proper.
SECTION II.
LIEUTENANT GOVERNOR.
}
ފތ
ART, I. THERE shall be annually elected a lieutenant gover-
nor of the commonwealth of Massachusetts, whose title shall
be, His Honor; and who shall be qualified, în point of religioni,"
property, and residence in the commonwealth, in the same
manner with the governor; and the day and manner of his
election, and the qualifications of the electors, shall be the
same as are required in the election of a governor. The re-
turn of the votes for this officer, and the declaration of his elec-
tion, shall be in the same manner: and if no one person shall bé
found to have a majority of all the votes returned, the vacancy"
shall be filled by the Senate and House of Representatives,” în
the same manner as the governor is to be elected, in case no
one person shall have a majority of the votes of the people to
be governor
1
晨
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MASSACHUSETTS.
84
II. The governor, and in his absence, the lieutenant gover-
nor, shall be the president of the council; but shall have no
vote in council: and the lieutenant governor shall always be a
member of the council, except when the chair of the governor
shall be vacant.
III. Whenever the chair of the governor shall be vacant by
reason of his death, or absence from the commonwealth, or
otherwise, the lieutenant governor for the time being, shall,
during such vacancy, perform all the duties incumbent upon
the governor, and shall have and exercise all the power and
authorities, which, by this constitution, the governor is vested
with, when personally present.
SECTION III.
COUNCIL, AND MANNER OF SETTLING ELECTIONS.
ART. I. THERE shall be a council, for advising the gover-
nor in the executive part of government, to consist of nine per-
sons, besides the lieutenant governor, whom the governor, for
the time being, shall have full power and authority, from time
to time, at his discretion, to assemble and call together; and
the governor, with the said counsellors, or five of them at least
shall and may, from time to time, hold and keep a council, for
the ordering and directing the affairs of the commonwealth, ac-
cording to the laws of the land..
II. Nine counsellors shall be annually chosen from among
the persons returned for counsellors and senators, on the last
Wednesday in May, by the joint ballot of the senators and re-
presentatives assembled in one room: and in case there shall
not be found, upon the first choice, the whole number of nine
persons, who will accept a seat in the council, the deficiency
shall be made up by the electors aforesaid, from among the
people at large; and the number of senators left shall constitute
the senate for the year. The seats of the persons thus elected,
from the Senate, and accepting the trust, shall be vacated in
the Senate.
III. The counsellors, in the civil arrangements of the com-
monwealth, shall have rank, next after the lieutenant-governor.
IV. Not more than two counsellors shall be chosen out of
any one district of this commonwealth.
•
V. The resolutions and advice of the council shall be re-
corded in a register, and signed by the members present; and
this record may be called for at any time by either House of
the Legislature; and any member of the council may insert his
opinion, contrary to the resolution of the majority.
VI. Whenever the office of the governor and lieutenant go-
vernor shall be vacant, by reason of death, absence, or other-
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wise, then the council, or the major part of them, shall, during.
such vacancy, have full power and authority to do and execute
all and every such acts, matters, and things, as the governor or
lieutenant governor might or could, by virtue of this Constitu-
tion, do or execute, if they or either of them were personally
present...
VII. And whereas the elections, appointed to be made by
this Constitution, on the last Wednesday in May annually, by
the two Houses of the Legislature, may not be completed on
that day, the said elections may be adjourned, from day to day,
until the same shall be completed. And the order of elections
shall be as follows: The vacancies in the Senate, if any, shall
be filled up; the governor and lieutenant governor shall then
be elected, provided there shall be no choice of them by the
people; and afterward the two Houses shall proceed to the
election of the council.
CHAPTER II.
SECTION IV.
SECRETARY, TREASURER, COMMISSARY, &c...
1
ART. I. THE Secretary, treasurer, and receiver general, and
the commissary general, notaries: public, and naval officers,
shall be chosen annually, by joint ballot of the senators, and re-
presentatives in one room: and that the citizens of this com-
monwealth may be assured, from time to time, that the moneys
remaining in the public treasury, upon the settlement and liqui-...
dation of the public accounts, are their property, no man shall
be eligible as treasurer and receiver general more than five years...
successively.
II. The records of the commonwealth shall be kept in the
office of the secretary, who may appoint his deputies, for whose ⠀⠀
conduct he shall be accountable: and he shall attend the go- .
vernor and council, the Senate and House of Representatives
in person, or by his deputies, as they shall respectively require..
CHAPTER III.
JUDICIARY POWER.
ART. I. The tenure, that all commission officers shall by
law have in their offices, shall be expressed in their respective
commissions, all judicial officers, duly appointed, commission-
ed and sworn, shall hold their offices during good behaviour,.
excepting such concerning whom there is different provision,
made in this Constitution: provided nevertheless, the governor,
with consent of the council, may remove them upon the address.
of both Houses of the Legislature.
i
MASSACHUSETTS.
83
[
II. Each branch of the Legislature, as well as the governor
and council, shall have authority, to require the opinions of the
justices of the Supreme Judicial Court; upon important ques-.
tions of law, and upon solemn occasions.
III. In order that the people may not suffer from the long
continuance in place of any justice of the peace, who shall fail
of discharging the important duties of his office with ability or
fidelity, all commissions of justices of the peace shall expire
and become void in the term of seven years from their respec-
tive dates: and upon the expiration of any commission, the same
may, if necessary, be renewed, or another person appointed, as
shall most conduce to the well being of the commonwealth.
IV. The judges of probates of wills; and for granting letters.
of administration, shall hold their courts at such place or places
on fixed days, as the convenience of the people shall require:
and the Legislature shall, from time to time, hereafter appoint
such times and places; until which appointments, the said
courts shall be holden at the times and places which the re-
´spective judges shall direct..
V. All causes of marriage, divorce, and alimony, and all
appeals from the judges of probate, shall be heard and deter-
mined by the governor and council, until the Legislature shall,
by law, make other provision.
CHAPTER IV.
DELEGATES TO CONGRESS.
THE delegates of this commonwealth to the Congress of the
United States, shall, sometime in the month of June, annually,
be elected by joint ballot of the Senate and House of Represen
tatives, assembled together in one room; to serve in congress
for one year, to commence on the first Monday in November
then next ensuing. They shall have commissions, under the
hand of the governor, and the great seal of the commonwealth;
but may be recalled at any time within the year, and others
chosen and commissioned in the same manner, in their stead.
..CHAPTER V.
SECTION I.
THE UNIVERSITY AT CAMBRIDGE,
ART. I. WHEREAS our wise and pious ancestors, so early
as the year one thousand six hundred and thirty-six,laid the foun-
dation of Harvard college; in which university many persons of
great eminence have, by the blessing of God, been initiated in
those arts and sciences, which qualified them for public employ
ments, both in church and state: and whereas the encourage-
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1
1
ment of arts and sciences, and all good literature, tends to the ho-
nor of God, the advantage of the christian religion, and the great
benefit of this and the other United States of America; it is
declared, that the president and fellows of Harvard college, in
their corporate capacity, and their successors in that capacity,
their officers and servants, shall have, hold, use, exercise, and
enjoy all the powers, authorities, rights, liberties, privileges, im-
munities, and franchises, which they now have, or are entitled to
have, hold, use, exercise, and enjoy: and the same are hereby
ratified and confirmed unto them, the said president and fellows
of Harvard college, and to their successors, and to their officers
and servants, respectively, forever.
:
1:
II. And whereas there have been, at sundry times, by divers
persons, gifts, grants, devises of houses, lands, tenements, goods,
chattels, legacies, and conveyances, heretofore made, either to
Harvard college in Cambridge, in New-England, or to the pre-
sident and fellows of Harvard college, or to the said college, by
some other description, under several charges successively-it
is declared, that all the said gifts, grants, devises, legacies, and
conveyances, are hereby forever confirmed unto the president
and fellows of Harvard college, and to their successors in the
capacity aforesaid, according to the true intent and meaning of
the donor or donors, grantor, or grantors; devisor or devisors.
III. And whereas, by an act of the general court of the co-
lony of Massachussets Bay, passed in the year one thousand
six hundred and forty-two, the governor and deputy governor,
for the time being, and all the magistrates of that jurisdiction,
were, with the president, and a number of the clergy in the
said act described, constituted the overseers of Harvard col-
lege: and it being necessary in this new constitution of govern-
ment, to ascertain who shall be deemed successors to the said
governor, deputy governor, and magistrates, it is declared,
that the governor, lieutenant governor, council, and senate of
this commonwealth, are, and shall be deemed their successors;
who, with the president of Harvard college, for the time being,
together with the ministers of the congregational churches, in
the towns of Cambridge, Watertown, Charlestown, Boston,
Roxbury and Dorchester, mentioned in the said act, shall be,
and hereby are, vested with all the powers and authority belong-
ing or in any way appertaining to the overseers of Harvard col-
lege: provided, that nothing herein shall be construed to pre-
vent the Legislature of this commonwealth from making such
alterations in the government of the said university as shall be
conducive to its advantage, and the interest of the republic of
letters, in aș full a manner as might have been done by the
Legislature of the late province of the Massachussetts Bay.
MASSACHUSETTS:
85
SECTION II.
ENCOURAGEMENT OF LITERATURE.
Wisdom and knowledge, as well as virtue, diffused generally
among
the body of the people, being necessary for the preserva-
tion of their rights and liberties: and as these depend on spread-
ing the opportunities and advantages of education in the vari-
ous parts of the country, and among the different orders of the
people, it shall be the duty of the Legislature and magistrates,
in all future periods of this commonwealth, to cherish the inte-
rests of literature and the sciences, and all seminaries of them;
especially the university at Cambridge, public schools and
grammar schools in the towns; to encourage private societies
and public institutions, by rewards and immunities for the pro-
motion of agriculture, arts, sciences, commerce, trades, manu-
factures and a natural history of the country; to countenanee
and inculcate the principles of humanity and general benevo-
lence, public and private charity, industry and frugality, honesty
and punctuality in their dealings; sincerity, good humor, and
all social affections and generous sentiments among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS; &c.
ART. I. Any person, chosen governor or lieutenant governor,
counsellor, senator or representative, and accepting the trust,
shall, before he proceed to execute the duties of his place or
office, take, make and subscribe the following declaration, viz.:
"I, A B, do declare, that I believe the christian religion, and
have a firm persuasion of its truth; and that I am scised
and possessed, in my own right, of the property required
by the Constitution, as one qualification for the office or
place to which I am elected."
And the governor, lieutenant governor and counsellors, shall
make and subscribe the said declaration in the presence of the
two Houses of Assembly; and the senators and representatives
first elected under this Constitution, before the president and
five of the council of the former Constitution; and, forever af-
terward, before the governor and council for the time being.
And every person, chosen to either of the places or offices
aforesaid, as also any person appointed or commissioned to any
judicial, executive, military or other office under the govern-
ment, shall, before he enter on the discharge of the business of
his place or office, take and subscribe the following declaration,
and oaths or affirmations, viz.:
"I, A B, do truly and sincerely acknowledge, profess, tes-
tify and declare, that the commonwealth of Massachusetts
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86
THE FREEMAN'S GUIDE.
!
is, and of right ought to be, a free, sovereign and indepen-
dent state; and I do swear, that I will bear true faith and
allegiance to the said commonwealth, and that I will de-
fend the same against traitorous conspiracies, and all hos-
tile attempts whatsoever; and that I do renounce and ab-
jure all allegiance, subjection and obedience to the king,
queen, or government of Great Britain, as the case may
be, and every other foreign power whatsoever: and that
no foreign prince, person, prelate, state or potentate, hath,
or ought to have, any jurisdiction, superiority, pre-emi-
nence, authority, dispensing or other power, in any mat-
ter, civil, ecclesiastical or spiritual, within this common-
wealth; except the authority and power which is or may
be vested by their constituents in the Congress of the
United States: and I do further testify and declare, that
no man or body of men hath, or can have any right to ab-
solve or discharge me from the obligation of this oath, de-
claration or affirmation; and that I do make this acknow-
ledgement, profession, testimony, declaration, denial, re-
nunciation and abjuration, heartily and truly, according to
the common meaning and acceptation of the foregoing
words, without any equivocation, mental evasion, or secret
reservation whatsoever. So help me God."
,
❝I, A B, do solemnly swear and affirm, that I will faithfully
and impartially discharge and perform, all the duties in-
cumbent on me as
according to the best of my
abilities and understanding, agreeably to the rules and re-
gulations of the Constitution, and the laws of this common-
wealth. So help me God."
Provided always, That when any person chosen or appointed
as aforesaid, shall be of the denomination of the people called
quakers, and shall decline taking the said oaths, he shall make
his affirmation in the foregoing form, and subscribe the same,
omitting the words "I do swear," "and abjure,” “ oath,”“ and`
abjuration," in the first oath; and in the second oath, the words
"swear and;" and in each of them, the words "So help me
God," subjoining instead thereof, “This I do under the fiains
and penalties of perjury.”
And the said oaths or affirmations shall be taken and sub-
scribed by the governor, lieutenant governor and counsellors,
before the president of the Senate, in the presence of the two.
Houses of Assembly, and by the senators and representatives
first elected under this Constitution, before the president and
five of the council of the former Constitution; and, forever af-
terward, before the governor and council for the time being;
}
t
1
MASSACHUSETTS.
87
and by the residue of the officers aforesaid, before such persons
as from time to time shall be prescribed by the Legislature.
II. No governor, lieutenant governo, or judge of the su-
preme judicial court, shall hold any other office or place under
the authority of this commonwealth, except such as by this
Constitution they are admitted to hold, saving that the judges
of the said court may hold the offices of justices of the peace
through the state; nor shall they hold any other place or of-
fice, or receive any pension or salary, from any other state or
government, or power, whatever.
No person shall be capable of holding or exercising, at the
same time, more than one of the following offices within this
state, viz.: Judge of probate, sheriff, register of probate, or re-
gister of deeds: and never more than any two offices, which are
to be held by appointment of the governor, or the governor and
council, or the Senate, or the House of Representatives, or by
the election of the people of the state at large, or of the people
of any county, (military officers and the office of justice of the
peace excepted,) shall be held by one person.
No person, holding the office of judge of the supreme judi-
cial court, secretary, attorney general, solicitor general, trea-
surer or receiver general, judge of probate, commissary gene-
ral; president, professor or instructor of Harvard college; she-
riff, clerk of the House of Representatives, register of probate,
register of deeds, clerk of the supreme judicial court, clerk of
the inferior court of common pleas, or officer of the customs,
including in this description naval officers, shall at the same
time have a seat in the Senate or House of Representatives;
but their being chosen or appointed to, and accepting the same,
shall operate as a resignation of their seat in the Senate or
House of Representatives; and the place so vacated shall be
filled up.
And the same rule shall take place in case any judge of the
said supreme judicial court, or judge of probate, shall accept
a seat in council; or any counsellor shall accept of either of
those offices or places.
And no person shall ever be admitted to hold a seat in the Le-
gislature. or any office of trust or importance under the govern-
ment of this commonwealth, who shall, in the due course of
law, have been convicted of bribery or corruption in obtaining
an election or appointment.
III. In all cases where sums of money are mentioned in this
Constitution, the value thereof shall be computed in silver, at
six shillings and eight pence per ounce; and it shall be in the
power of the Legislature, from time to time, to encrease such
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THE FREEMAN'S GUIDE.
qualifications, as to property, of the persons to be elected into
offices, às the circumstances of the commonwealth shall require.
IV. All commissions shall be in the name of the common-
wealth of Massachusetts, signed by the governor, and attested
by the secretary or his deputy, and have the great seal of the
commonwealth affixed thereto.
V. All writs issuing out of the clerk's office, in any of the
courts of law, shall be in the name of the commonwealth of
Massachusetts; they shall be under the seal of the court from
whence they issue; they shall bear test of the first justice of the
court, to which they shall be returnable, (who is not a party,)
and be signed by the clerk of such court..
VI. All the laws which have heretofore been adopted, used,
and approved in the province, colony or state of Massachusetts
Bay, and usually practised on in the courts of law, shall still
remain and be in full force, until altered or repealed by the
Legislature: such parts only excepted as are repugnant to the
rights al liberties contained in this Constitution,
VII. The privilege and benefit of the writ of habeas cor-
püs shall be enjoyed in this commonwealth in the most free,
easy, cheap, expeditious and ample manner; and shall not be
suspended by the Legislature, except upon the most urgent
and pressing occasions, and for a limited time, not exceeding
twelve months.
VIII. The enacting style, in making and passing all acts,
statutes and laws, shall be, "Be it enacted, by the Senate and
House of Representatives, in General Court assembled, and by
the authority of the same."
""
IX. To the end there may be no failure of justice, or dan-
ger arise to the commonwealth, from the change of the form
of government, all officers, civil or military, holding commis-
sions under the government and people of Massachusetts Bay,
in New-England, and all other officers of said government and
people, at the time this Constitution shall take effect, shall have,
hold, use, exercise and enjoy, all the powers and authority to
them granted or committed, until other persons shall be ap-
pointed in their stead: and all courts of law shall proceed in the
execution of the business of their respective departments; and
all the executive and legislative officers, bodies and powers,
shall continue in full force in the enjoyment and exercise of all
their trusts, employments and authority, until the General Court
and the supreme executive officers under this Constitution,
are designated and invested with their respective trusts, powers
and authority.
X. In order the more effectually to adhere to the principles
of the Constitution, and correct those violations which by any
RHODE-ISLAND.
89
means may be made therein, as well as to form such alterations
as from experience shall be found necessary, the General
Court, which shall be in the year of our Lord one thousand
seven hundred and ninety-five, shall issue precepts to the se-
lectmen of the several towns, and to the assessors of the unin-
corporated plantations, directing them to convene the qualified
voters of their respective towns and plantations, for the pur-
pose of collecting their sentiments, on the necessity or expe-.
diency of revising the Constitution in order to amendments.
And if it shall appear, by the returns made, that two thirds
of the qualified voters throughout the state, who shalĺ assemble
and vote in consequence of the said precepts, are in favor of
such revisions or amendment, the General Court shall issue
precepts, or direct them to be issued from the secretary's office,
to the several towns, to elect delegates to meet in convention,
for the purpose aforesaid.
The said delegates to be chosen in the same manner and
proportion, as their representatives, in the second branch of the
Legislature, are by this Constitution to be chosen.
XI. This form of government shall be enrolled on parch-
ment, and deposited in the secretary's office, and be a part of
the laws of the land: and printed copies thereof shall be prefix-
ed to the books containing the laws of this commonwealth, in
all future editions of the said laws.
Attest,
JAMES BOWDOIN, President..
SAMUEL BARRET, Sec❜y,
1
"
RHODE-ISLAND.
Charter, granted by King Charles II, in the fourteenth year of
his reign.
Quintadecima pars Patentium Anno Regni Regis Caroli Secundi
Quintodecimo.
CHARLES the second, by the grace of God, &c. To all, to
whom these presents shall come, greeting: Whereas, we have.
been informed, by the petition of our trusty and well beloved
subjects, John Clarke, on the behalf of Benedict Arnold, Wil-
liam 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
2 H..
90.
THE FREEMAN'S GUIDE.
!
"
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 an-
other in the holy christian faith and worship as they were per-
suaded, 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, after
their first settlement amongst other of our subjects in those
parts, for the avoiding of discord, and many evils which were
likely to ensue upon those of our subjects, not being able to
bear, in those remote parts, their different apprehensions in re-
ligious concernments: and in pursuance of the aforesaid ends,
did once again leave their desirable stations and habitations, and
with excessive labor and travel, hazard and charge, did trans-
plant themselves into the midst of the Indian natives, who, as.
we are informed, are the most potent princes and people of all
that country; where, by the good providence of God, (from
whom the plantations have taken their name) upon their labor
and industry, they have not only been preserved to admiration,
but have increased and prospered, and are seised and possessed,
by purchase and consent of the said natives, to their full con-
tént, of such lands, islands, rivers, harbors, and roads, as are
very convenient both for plantations, and also for building of
ships, supplying of pipestaves, and other merchandize, 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 neighborhood to, and friendly so-
ciety with, the great body of Narraganset Indians, given them
encouragement, of their own accord, to subject themselves,
their people and land unto us; whereby, as is hoped, there
may, in time, by the blessing of God upon their endeavors, be
laid a sure foundation of happiness to all America:-
And whereas, in their humble address, they have freely de-
clared, 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 Eng-
lish 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:-
A
RHODE ISLAND..
91
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 of all the
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 sub-
jection 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, to take or subscribe the oaths and ar-
ticles, 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 pub.
lish, grant, ordain, and declare that our royal will and piea-
sure is,
That no person within the said colony, at any time hereafter,
shall be any wise 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 own and their judgments and consciences, in matters of re-
ligious concernments, throughout the tract of land hereafter
mentioned, they behaving themselves peaceably and quietly,
and not using this liberty, to licentiousness and profaneness,
nor to the civil injury or outward disturbance of others; any
law, sɩatute, or clause therein contained, or to be contained,
usage or custom of this realm, to the contrary hereof, in any
wise notwithstanding.
And that they may be in the better capacity to defend them-
selves, in their just right and liberties, against all the enemies
of the christian faith, and others, in all respects, we have fur-
ther thought fit, and at the humble petition of the persons afore-
said, 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 our
other dominions and territories have; and to create and make
them a body politic or corporate, with the powers or privileges
herein after mentioned. And, accordingly, our will and plea-
sure 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, con-
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THE FREEMAN'S GUIDE.
stitute and declare, that they the said William Brenton, Wil-
liam Codington, Nicholas Eston, Benedict Arnold, William
Boulston, John Porter, Samuel Gorton, John Smith, John
Weekes, Roger Williams, Thomas Olney, Gregory Dexter;
John Cogeshall, Joseph Clarke, Randell Houlden, John Greene,
John Roome, William Dyre, Samuel Wildbore, Richard Tew,
William Field, Thomas Harris, James Barker, Rainsbor-
row,
•
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 Nar-
raganset Bay, in New-England, shall be, from time to time, and
forever hereafter, a body córporate and politic in fact and name,
by the name of The Governor and Company of the English Co-
lony 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 com-
mon 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 fit.
And further, 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 freemen of the said
company, for the time being, in such manner and form, as is
hereafter in these presents expressed; which said officers shall
apply themselves to take care for the best disposing and order-
ing 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 or the people.
there
RHODE-ISLAND.
93
1
And for the better execution of our royal pleasure herein,.
we do, for us, our heirs, and successors, assign, name, consti-
tute and appoint the aforesaid Benedict Arnold, to be the first
and present governor of the said company; and the said Wil-
liam 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 respective-
ly, 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 occa-
sion 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 orders for the assembling of the
said company, and calling them together, to consult and advise
of the business and affairs of the said company; and that for-
ever hereafter, twice in every year, that is to say, on every first
Wednesday in the month of May, and on every last Wednes-
day in October, or oftener, in case it shall be requisite, the as-
sistants, and such of the freemen of the said company, not ex-
ceeding six persons for Newport, four persons for each of the
respective towns of Providence, Portsmouth, and Warwick,
and two persons for each other place, town or city, who shall
be from time to time thereunto elected or deputed by the major
part of the freemen of the respective towns or places, for
which they shall be so elected or deputed, shall have a general
meeting or assembly, then and there to consult, advise and de-
termine, in and about the affairs and business of the said com-
pany and plantations.
And further, we do, of our especial grace, certain knowledge,
and mere motion, give and grant unto the said governor and
company of the English colony of Rhode-Island, and Provi-
dence Plantations, in New-England, in America, and their
successors, That the governor, or in his absence, or by his
permission, the deputy governor of the said company, for the
time being, the assistants, and such of the freemen of the said
company, as shall be so aforesaid elected or deputed, or so
many of them as shall be present at such meeting or assembly,
as aforesaid, shall be called the general assembly; and that
they, or the greatest part of them then present, whereof the
governor, or deputy governor, and six of the assistants at least,
to be seven, shall have have, and have hereby given and granted
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THE FREEMAN'S GUIDE.
unto them, full power and authority, from time to time; and
at all times hereafter, to appoint, alter, and change such days,
times and places of meeting and general assembly, as they
shall think fit; and to choose, nominate and appoint such and
so many persons as they shall think fit, and shall be willing to
accept the same, to be free of the said company and body poli-
tic, and them into the same to admit; and to elect, and consti-
tute such offices and officers, and to grant such needful com-
missions, as they shall think fit and requisite, for ordering, man-
aging, and dispatching of the affairs of the said 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 magis-
tracy, 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 people that do, or at any time hereafter shall inhabit,
or be within the same; so as such laws, ordinances, and consti-
tutions, so made, be not contrary and repugnant unto, but, as
near as may be, agreeable to the laws of this our realm of Eng-
land, 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, happen-
ing 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, du-
ties, powers and limits, of each court, office, and officer, supe-
rior, 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 admin-
istration of justice, and due execution and discharge of all of
fices and places of trust, by the persons that shall be therein
concerned; and also to regulate and order the way and man-
ner of all elections to offices and places of trust, and to pre-
scribe, 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 author-
ize the imposing of lawful and reasonable fines, mulcts, impri-
sonment, and executing other punishments, pecuniary and cor-
poral, upon offenders and delinquents, according to the course
of other corporations, within this our kingdom of England; and
RHODE ISLAND.
9-5
again, to alter, revoke, annul or pardon, under their common
seal, or otherwise, such fines, mulcts, imprisonments, senten-
ces, judgments and condemnations, as shall be thought fit; and.
to direct, rule, order, and dispose of all other matters and things,
and particularly that which relates to the making of purchases
of the native Indians, as to them shall seem meet; whereby
our said people, and inhabitants in the said plantations, may be
so religiously, 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 obedi-
ence of the only true God and Saviour of mankind; willing,
commanding, and by these presents, for us, our heirs, and suc-
cessors, ordaining and appointing, that all such laws, statutes,
orders and ordinances, instructions, impositions, and directions,
as shall be so made by the governor, deputy, assistants, and
freemen, or such number of them as aforesaid, and published
in writing under their common seal, shall be carefully and duly
observed, kept, performed, and put in execution according to
the true intent and meaning of the same. And these our letters
patent, or the duplicate of exemplification thereof, shall be, to
all and every such officers, superior or inferior, from time to
time, for the putting of the same orders, laws, statutes, ordi-
nances, instructions, and directions in due execution against
us, our heirs, and successors a sufficient warrant and discharge.
And further, our will and pleasure is, and we do hereby for
us, our heirs, and successors; establish and ordain, That yearly,
once in the year 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 pre-
sents appointed, or any such as shall hereafter be newly chosen
into their rooms, or any of them, or any other of 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 a misdemeanor or default, to be
removeable by the governor, assistants and company, or such
greater part of them, in any of the said public courts to be as-
sembled as aforesaid, that then, and in every such case, it shall
and may be lawful to and for the said governor, deputy, go-
}
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96.
THE FREEMAN'S GUIDE.
1
1
vernor, assistants, and company aforesaid, or such greater part
of them so to be assembled, as is aforesaid, in any of their as-
semblies, to proceed to a new election of one or more of their
company in the room or place, rooms or places, of such officer
or officers, so dying, or removed, according to their directions.
And, immediately upon and after such election or elections
made of such governor, deputy governor, assistant or assistants,
or any other officer of the said company, in manner and form
aforesaid, the authority, office and power before given to the
former governor, deputy governor, and other officer and officers
so removed, in whose stead and place new shall be chosen,
shall, as to him and them, and every of them respectively,
cease and determine: Frovided always, and our will and plea-
sure is, that as well such as are by these presents appointed to
be the present governor, deputy governor, and assistants of the
said company, as those which shall succeed them, and all other
officers, to be appointed and chosen as aforesaid, shall, before
the undertaking the execution of the said offices and places re-
spectively, 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 here-
in before nominated and appointed the present governor of the
said company, shall give the aforesaid engagement, before Wil-
liam Brenton, or any two of the said assistants, of the said com-
pany, unto whom we do by these presents give full power and
authority to require and receive the same: and the said William
Brenton, who is hereby before nominated and appointed the
present deputy governor of the said company, shall give the
aforesaid engagement before the said Benedict Arnold, or any
two of the assistants of the said company, unto whom we do,
by these presents, give full power and authority to require and
receive the same: and the said William Boulston, John Porter,
Roger Williams, Thomas Olney, John Smith, John Greene,
John 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 engage-
ment 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 author-
ity to require, administer, or receive the same: and further our
will and pleasure is, that all and every other future governor,
or deputy governor, to be elected and chosen by virtue of these
presents, shall give the said engagement before two or more
RHODE-ISLAND.
97
of the said assistants of the said company, for the time being,
unto whom, we do, by these presents, give full power and au-
thority to require, administer or receive the same: and the said
assistants, and every of them, and all and every other officer or
officers, to be hereafter elected and chosen by virtue of these
presents, from time to time, shall give the like engagements to
their offices and places respectively belonging, before the gover-
nor, 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 suc-
cessors, by these presents, that for the more peaceably and or-
derly 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 admin-
istration of justice, and exercise of government, and the said
plantations, to use, exercise, and put in execution such methods,
and orders, rules, directions, (not being contrary and repugnant
to the laws and statutes of this our realm,) as have been hereto-
fore given, used, and accustomed in such cases respectively, to
be put in practice, until at the next, or some other General As-
sembly, 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 suc-
cessors, 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 nomi-
nate, appoint, and constitute such and so many commanders,
governors, and military officers, as to them shall seem requi-
site, for the leading, conducting, and training up the inhabit-
ants of the said plantations in martial affairs, and for the defence
and safeguard of the said plantations; that it shall and may be
lawful to and for all and every such commander, governor, and
military officer, that shall be so as aforesaid, or by the governor,
or in his absence, the deputy governor, and six of the assistants,
and major part of the freemen of the said company, present at any
General Assemblies, nominated, appointed and constituted, ac-
cording to the tenor of his and their respective commissions and
directions, to assemble, exercise in arms, marshal, array, and put
in warlike posture, the inhabitants of said colony, for their es-
pecial defence and safety; and to lead and conduct the said
‚inhabitants; and, to encounter, repulse, and resist by force of
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98
THE FREEMAN'S GUIDE.
arms, as well by sea as by land, to kill, slay and destroy, by all
fitting ways, enterprizes, and means whatsoever, all and every
such person or persons, as shall at any time hereafter attempt
or enterprize the destruction, invasion, detriment cr annoyance
of the said inhabitants or piantations; and to use and exercise
the law martial, in such cases only as occasion shall necessa-
rily require; and to take and surprize, by all ways and means
whatsoever, all and every such person and persons with their
ship or ships, armor, ammunition, or other goods of such per-
sons, as shall in hostile manner invade or attempt the defeating
of the said plantation, or the hurt of the said company and in-
habitants; and upon just causes to invade and destroy the na-
tives, 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 if any person, who
shall hereafter be of the said company or plantation, or any
other, by appointment of the said governor and company for
the time being, shall at any time or times hereafter, rob or
spoil, by sea or land, or do any hurt, or unlawful hostility, to
any of the subjects of us, our heirs and successors, or to any
of the subjects of any prince or state, being then in league
with us, our heirs and successors: upon complaint of such in-
jury done to any such prince or state, or their subjects, we,
our heirs and successors, will make open proclamation, within
any parts of our realm of England, fit for that purpose, that the
person or persons committing any such robbery or spoil, shall
within the time limited by such proclamation, make full resti-
tution or satisfaction of all such injuries done or committed, so
as the said prince, or others so complaining, may be fully satis-
fied 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 persons or person
RHODE-ISLAND.
99
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 exer-
cising 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 seas thereunto ad-
joining, 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 planta-
tions, such wharves, stages, and work houses as shall be neces-
sary for the salting, drying, and keeping of their fish, to be
taken or gotten upon that coast.
And further, for the encouragement of the inhabitants of our
said colony of Providence plantation, to set upon the business
of taking whales, it shall be lawful for them, or any of them,
having struck a whale, dubertus, or other great fish, it or them
to pursue unto that coast, and into any bay, river, cove, creek
or shore, belonging thereto, and it or them upon the said coast,
or in the said bay, river, cove, creek, or shore, belonging there-
to, to kill and order for the best advantage, without molestation,
they making no wilful waste or spoil; any thing in these pre-
sents contained, or any other inatter or thing to the contrary,
notwithstanding.
And further also, we are graciously pleased, and do hereby
declare, that if any of the inhabitants of our said colony do set
upon the planting of vineyards, (the soil and climate both seem-
ing naturally to concur to the production of vines,) or be in-
dustrious in the discovery of fishing banks, in or about the
said colony, we will, from time to time, give and allow all due
and fitting encouragement therein, as to others in cases of like
rature.
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 plantations, in the Narraganset
bay, in New-England, in America, and to every inhabitant
there, and to every person, and persons trading thither, and to
100
THE FREEMAN'S GUIDE.
every such person or persons, as are or shall be free of the
said colony, full power and authority, from time to time,
and at all times hereafter, to take, ship, transport and carry
away out of any of our realms and dominions, for and toward
the plantation and defence of the said colony, such and so
many of our loving subjects, as shall or will willingly accom-
pany them in and to their said colony and plantations, 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, merchandize, 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, 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 plan-
tations, 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 natu
ral subjects within any the dominions of us, our heirs and
successors, to all intents, constructions and purposes whatso-
ever, 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 suc-
cessors, 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 Nahantic and
Nanyganset 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 the middle stream thereof reacheth
or lies up into the north country, northward unto the head there-
of, and from thence by a strait line drawn due north, until
it meet with the south line of the Massachusetts colony; and
on the north or northerly, by the aforesaid south or southerly
•
RHODE ISLAND.
101
line of the Massachusetts colony or plantation, and extending
toward the east or eastwardly, three English miles, to the east
and northeast of the most castern and northeastern 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 toward the town of Provi-
dence, and from thence along the eastwardly side or bank of
the said river, (higher called by the name of Seacunck river,)
up to the falls called Patucket falls, Being the most westerly
line of Plymouth colony; and so from the said falls, in a strait
line due north, until it meet with the aforesaid line of the Mas-
sachusets colony, and bounded on the south by the ocean, and
in particular the lands belonging to the town of Providence,
Patuxit, Warwick, 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, fish-
´ings, mines royal, and all other mines, minerals, precious stones,
quarries, woods, wood grounds, rocks, slates, and all and sin-
gular other commodities, jurisdictions, royalties, privileges,
franchises, pre-eminences and hereditaments whatsoever, with-
in 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 suc-
cessors, as of the manor of East Greenwich, in our county of
Kent, in free and common soccage, and not in capite, nor- by
knight's service; yielding and paying therefore to us, our
heirs, and successors, only the fifth part of all the oré 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, fines, forfeitures, made or to be made,
claims or demands whatsoever, to be to us, our heirs or suc-
cessors, therefore or thereabout rendered, made or paid: any
grant or clause, in a late grant to the governor and company of
Connecticut colony, in America, to the contrary thereof in any-
wise notwithstanding; the aforesaid Pawcatuck river having
been yielded after much debate, for the fixed and certain bounds
between these our said colonies, by the agents thereof, who have
also agreed, that the said Pawcatuck river shall also be called
alias Narrogancett or Narraganset river, and to prevent further
2 I
102
THE FREEMAN'S GUIDE.
disputes that otherwise might arise, thereby, forever hereafter
shall be construed, deemed and taken to be the Narrogancett
river, in our late grant to Connecticut colony, mentioned as the
easterly bounds of that colony.
And further, our will and pleasure is, that in all matters 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 in-
habitants of the said colony of Providence plantations, without
let or molestation, to pass and repass with freedom into and
through the rest of the English colonies, upon their lawful and
civil occasions, and to converse, and hold commerce and trade
with such of the inhabitants of our other English colonies, as
shall be willing to admit them thereunto, they behaving them-
selves peaceally 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 suc-
cessors, by these presents, that these our letters patents shall
be firm, good, effectual, and available, in all things in the law,
to all intents, constructions, and purposes whatsoever, accord-
ing to our true intent and meaning herein before declared, and
shall be construed, reputed and adjudged, in all cases, most fa-
vorable on the behalf, and for the best benefit and behoof of the
said governor and company, and their successors, although ex-
press mention, &c. In witness, &c. Witness, &c. Per Ipsum
Regem.

[The state of
not assumed a forde Island and Providence plantations Eas
not assumed a form of government different from that contained
in the foregoing charter. For in that, the king ceded to the
governor and company, all powers, legislative, executive, and
judicial, reserving to himself, as an acknowledgement of his
sovereignity, a render of the fifth part of the gold and silver ore
that should be found within the territory. The governor, chief
magistrates, and legislators are chosen by the freemen as usual,
and all judicial and executive officers are annually elected by
the governor and company, or upper and lower House of As..
sembly. All processes, original and judicial, formerly issued in
the king's name, but they now issue in the name of the gover-
nor and company. The oaths of allegiance and of office aré
made conformable to the principles of the revolution. The go-
vernor in his legislative capacity, cannot give a negative to any
act of the two Houses; but, in common with the other magis-
trates, has one voice only.
CONNECTICUT.
103
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 su-
perior court of judicature, court as assize and general jail deli-
very, 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 a belief
in one Supreme Being, are equally protected by the laws; and
no particular.sect can claim pre-eminence.]:
CONNECTICUT.
Account of the Constitution.
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 of assembly.
The General Court consists of two branches, called the upper
and lower House. The upper House is composed of the gover-
nor, deputy governor, and twelve assistants or counsellors; and
the lower House, of the representatives of the several towns.
This court has the sole power to make and repeal laws, grant
levies, dispose of lands, belonging to the state, to particular
towns and persons: to erect and style judicatories and officers,
as they shall see necessary for the good government of the peo-
ple; also to call to account any court, magistrate, or other off-
cer, for any misdemeanor and mal-administration; and for just
cause may fine, displace, or remove them, or deal otherwise, as
the nature of the cause 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 deli-
very upon reprieve, in capital and criminal cases. The Gene-
ral Court has two stated sessions annually, on the second Tues-
day of May and October.
The governor, or in his absence, the deputy governor, may
call the Assembly, on special emergencies, to mect at any other
104
THE FREEMAN'S GUIDE.
time. The governor, deputy governor, assistants and secretary,
are annually elected, on the second Thursday in May. The re-
presentatives 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
misbehavior. The sheriffs are appointed by the governor and
council, without limitation of time; but may be superceded 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 of-
ficers, are appointed by the General Court, and commissioned
by the governor. The captains and subalterns are chosen by
the vote of the company of householders living within the
limits of the company; the persons, so chosen, must be ap-
proved by the General Court, and commissioned by the gover-
nor, 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 free-
men, 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 re-
spectively, with their names written on a piece of paper, which
votes are received and sealed up by a constable, in the free-
mens' meeting, the votes for each of said offices, in a different
paper, writing on the outside the name of the town, and the of-
fice, 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 commit-
tee is chosen of members of both Houses, to sort and count the
votes, and declare the names of the persons chosen to said of
fices. 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 counted by a commit-
tee of both Houses, and the twenty persons, who have the
greatest number of votes, stand in nomination, out of which
number, twelve are to be chosen assistants, by the freemen, the
next April, in manner afore described.
..
CONNECTICUT.
105
The qualifications requisite to entitle a person to vote in
elections of the officers of government, are maturity in years,
quiet and peaceable behavior, a civil conversation, and forty
shillings freehold, or forty pounds personal estate; if the se-
lectmen 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.
The names of all that are thus admitted, are enrolled in the
town clerk'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 di-
vided 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 su-
perior 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 re-
spective counties, where the punishment does not extend to
life, limb, or banishment. The county courts also, have origi-¨
nal jurisdiction, in all civil actions, wherein the demand exceeds
forty shillings.
The superior and county courts try matters of fact, by a jury,
according to the course of the common law.
Justices of the peace have authority to hear and determine
civil actions, where the demand does not exceed forty shillings.
-They also have authority, in some cases of a criminal nature,
punishable by fine, not exceeding forty shillings, or whipping,
not exceeding ten stripes, or sitting in the stocks.
This state is also divided into a number of probate districts,
less than counties; in each of which is appointed a judge, for
the probate of wills, granting administration on intestate estates,
appointing guardians for minors, ordering distribution of intes-
tate estates, &c. An appeal lies, from any decree of this court,
to the superior court.
The superior, county, and probate courts, appoint their re-
spective clerks.
106
THE FREEMAN'S GUIDE.
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 attorneys 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 abdi-
cated the government, they are now attorneys to the governor
and company.
NEW-YORK.
Constitution, established by the Convention, authorized and
empowered for that purpose, April 20, 1777.
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 au-
thority of the good people of this state, ordain, determine and
declare, that the supreme legislative power within this statë,
shall be vested in two separate and distinct Lodies 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 despatch of business.

•
III. And whereas, laws, inconsistent with the spirit of this.
Constitution, or with the public good, may be hastily and unad-
vised 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 re-
ceive any salary or consideration, under any pretence whatever.
And that all bills, which have passed the Senate and Assembly,
shall, before they become laws, be presented to the said coun-
cil, for their revisal and consideration: and if, upon such revi
NEW-YORK.
107
sion 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 Assem-
bly, (in whichsoever the same shall have originated,) who shall
enter the objections, sent down by the council, at large in their
minutes, and proceed to reconsider the said bill. But if, after
such reconsideration, two thirds of the said Senate or House of
Assembly, shall, notwithstanding the said objections, agree to
pass the same, it shall, together with the objections, be sent to the
other branch of the Legislature, where it shall also be reconsi-
dered, and if approved by two thirds of the members present,
shall be a law.
And in order to prevent any unnecessary delays, Be it fur-
ther ordained, That if any bill shall not be returned by the
council within ten days after it shall have been presented,
the same shall be a law, unless the Legislature shall, by their
adjournment, render a return of the said bill, within ten days,
impracticable; in which case, the bill shall be returned on
the first day of the meeting of the Legislature, after the expi
ration of the said ten days.
IV. Thất 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 Dutchess, seven; the
county of Westchester, six; the county of Ulster, six; the
county of Suffolk, five; the county of Queens, four; the coun-
ty of Orange, four; the county of Kings, two; the county of
Richmond, two; the county of Tryon, six; the county of Char-
lott, four; the county of Cumberland, three; the county of
Gloucester, two.
V. That as soon, after the expiration of seven years, (subse-
quent to the termination of the present war,) as may be, a cen-
sus of the electors and inhabitants of this state be taken, under
the direction of the Legislature. And if, on such census, it shall
appear, that the number of representatives in Assembly, from
the said counties, is not justly proportioned to the number of
electors, in the said counties respectively, that the Legislature
do adjust and apportion the same by that rule. And further,
that once in every seven years, after the taking of the said first
census, a just account of the electors, resident in each county,
shall be taken; and if it shall thereupon appear, that the number
of electors in any county, shall have encreased or diminished one
or more seventieth parts of the whole number of electors, which
108
THE FREEMAN'S GUIDE.
on the said first census, shall be found in this state, the number
of representatives for such county shall be encreased or dimin
ished accordingly; that is to say, one representative for every
seventieth part aforesaid.
VI. And whereas, an opinion hath long prevailed among di-
vers of the good people of this state, that voting at elections by
ballot, would tend more to preserve the liberty and equal free-
dom of the people, than voting viva voce: To the end, there-
fore, that a fair experiment be made, which of those two me-
thods of voting is to be preferred,
Be it ordained, That as soon as may be after the termination
of the present war, between the United States of America and
Great Britain, an act or acts be passed by the Legislature of
this state, for causing all elections thereafter to be held in this
state, for senators and representatives in Assembly, to be by
ballot, and directing the manner in which the same shall be
conducted. And whereas, it is possible, that after all the care ´.
of the Legislature, in framing the said act or acts, certain in-
conveniencies and mischiefs, unforeseen at this day, may be
found to attend the said mode of electing by ballot:
It is further ordained, That if, after a full and fair experiment
shall be made of voting by ballot aforesaid, the same shall be
found less conducive to the safety or interest of the state, than
the method of voting viva voce, it shall be lawful and constitu
tional for the Legislature to abolish the same; provided, two
thirds of the members present in each house respectively, shall
concur therein: and further, that during the continuance of the
present war, and until the Legislature of this state shall provide
for the election of senators and representatives in Assembly,
by ballot, the said elections shall be made viva voce.
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 having 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 four-
teenth day of October, in the year of our Lord one thousand seven
hundred and seventy-five, and shall be actually and usually re-
sident in the said cities respectively, shall be entitled to vote for
representatives in Assembly, within his said place of residence.
:

132
POETICAL CABINET.
The Dying Christian's Farewell.
"In my Father's house are many mansions."
"The time of my depariure is at hand."....
Farewell to thee, dark-rolling earth,
Humanity's cradle and shroud;
I heed not thy sorrow or mirth,
I heed not thy sunshine or cloud.
Roll on, in thy destined career,
Through ages on ages to come;
The time of my triumph is near,
I go to my Father's bright home.
JOHN.
.PAUL.
Farewell to thee, life's stormy sea,
With wrecks and with ruin o'erspread,
Where wave after wave in its glee,
Is bearing me on to the dead.
Rage on in thy wildest dismay,
I heed not thy billows and foam,
For my bark is exploring its way,
To the land of my Father's dear home.
Farewell to thee, dream of my youth,
So dear to my credulous heart;
Alas, I mistook thee for truth,
Till pierced by thy treacherous dart.
Away then ye visions of bliss,
More dark than the shades of the tomb;
But one thing I ask-it is this-
To dwell in my Father's sweet home.
Farewell to thee, valley of tears,
Too oft has this bosom been stung,
With anguish and sorrow and fears,
While I've wandered thy borders among..
Farewell to thy heart-wringing cares,
Thy labor and sighing and gloom ;
For sweet through thy vista appears
The light of my Father's loved home,
Farewell to you loved ones so dear,
Walk ye in the ways I have trod,
And covet no heritage here,
But the smiles of the merciful God.
Farewell then, my loved ones so sweet,
No more through this desert I roam;
Though we part for a while, we shall meet
Round the board of our Father's bright home.
Hark, hark from the mansions on high,
I hear the soft whispers of love-
"Pilgrim, be not afraid, it is I,
Come, come to our banquet above."
Then welcome, thou realm of the dead,
So dark and terrific to some
më;
Let me rest on thy bosom my head,
And wake in my Father's dear home. Z. M.

131
ATER PRIVILEGE, FACTORY,
MACHINERY, &c.
AT AUCTION.
VILLIAM FELT, & CO. intending to close
their Manufacturing concern, will sell at
blic Auction, on the 2d day of September next,
2 o'clock P. M. on the premises in Medway, Mass.
heir Water Privileges, Factory, Dye
ouse and Machine Shop, with eight or ten acres.
excellent land, and all their Cotton and Woollen
achinery, &c. The COTTON MACHINERY.
Picker, 6 Cards, 1 Drawing Frame, 1 Brewster
beeder, 5 Throstle Frames, 64 Spindles each 1.
arper, 1 Dresser and the furniture connected
erewith, making a complete set of machinery for
e manufacture of Sattinett Warps. WOOLEN
ACHINERY. 1 Picker, 5 Double Carding Ma-
ines (3 Brakers and 2 Finishers,) 4 Spinning Jacks
124
24. Sattinett Looms. CLOTHING MA-
HINERY 2 Knappers, 6 Shears, 1 Brushing
achine, 1 Stove and plates, 1 Press, 1 Fulling and
ouring mill, together with all the furniture belong-
to the establishment.
Manufacturers and others wishing to
rchase the whole or a part of the above described
operty, are respectfully invited to call and examine
evious to the sale, as the whole will be sold at Auc-
on without reserve, unless previously disposed of at
ivate sale.
WM, H. CARY, Agent.
Dated at Medway, Aug. 12, 1833.
Whitman's Letters,
UST published and for sale at this Office
"FRIENDLY LETTERS TO A UNIVER-
ALIST on Divine Rewards and Punishments.'
BERNARD WHITMAN. Price $1.
June 13.
MR. WHITMAN'S SERMON
ON-
CHRISTIAN
UNION.
FUST PUBLISHED, and for sale at this This
"Office, "A discourse on CHRISTIAN UN-
ON, delivered at the Installation of Rev. Adin
allc as Pastor of the First Church and Society in
endon, May 3, 1832. By BERNARD WHITMAN.
ublished by request.' To which is appended
e CHARGE, by Rev PAUL DEAN of Boston, and
e ADDRESS to the Church and Congregation,
Rev DAVID PICKERING of Providence R. I.-
he whole making a pamphlet of 84 royal 12mo
ges. Price-1s. single, $1 50 per dozen.
*The Discourse is also for sale in Providence at
e store of Samuel W, Wheeler, Westminster s,
April 25
Ladies' Magazine,
AND-
LITERARY GAZETTE.
UST Published by Marsh, Capen & Lyon, 133
Washington-street, The LADIES' MAGA-
INE for Aug.
CONTENTS.-Original Miscellany-Musings of
n Invalid, No. 3. The good Goaler, English Nov-
NEW-YORK.
109
+
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 the people called quakers, an affirmation of
allegiance 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 man-
ner, as the Assemblies of the colony of New-York of right for-
merly 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.
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 man-
ner: that so much of this state, as is now parcelled into counties,
be divided into four great districts; the southern district to com-
prehend the city and county of New-York, Suffolk, West Ches-
ter, Kings, Queens, and Richmond counties; the middle dis-
trict 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, quali-
fied as aforesaid, in the proportions following, to wit: in the
southern district, nine; in the middle district, six; in the west-
ern 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 pre-
sent 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 free-
holders, qualified as aforesaid, in each district. That when the
K
110
THE FREEMAN'S GUIDE.
number of electors, within any of the said districts, shall have
encreased one twenty-fourth part of the whole number of elec--
tors, 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 as afore-
said, shall be necessary to constitute a Senate, sufficient to pro-
ceed upon business; and that the Senate shall, in like manner
with the Assembly, be the judges of its own members. And be it
ordained, That it shall be in the power of the future Legislatures
of this state, for the convenience and advantage of the good
people thereof, to divide the same into such further and other
Counties and districts, as shall to them appear necessary,
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 secured to the
subjects of this state by this Constitution, 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 man-
aged by committees, to be by them respectively chosen by
ballot. That the doors, both of the Assembly and the Senate,
shall at all times be kept open to all persons, except when the
welfare of the state shall require their debates to be kept se-
cret. 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 per-
mit, published..
XVI. It is nevertheless provided, That the number of sena-
tors shall never exceed one hundred, nor the number of As-
sembly, three hundred; but that whenever the number of sena-
tors 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 re-
presentatives, 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, both
in the Senate and Assembly, shall forever remain proportionate
and adequate.
NEW-YORK.
111
XVII. And this convention doth further, in the name and
by the authority of the good people of this state, ordain, deter-
mine and declare, that the supreme executive power and au-
thority 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 free-
holders of this state, qualified as before described, to elect sena-
tors; which elections shall be always held at the times and
places of choosing representatives in Assembly for each re-
spective county; and that the person who hath the greatest
number of votes 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 com-
mander in chief of all the militia, and admiral of the navy of
this state; that he shall have power to convene the Assembly
and Senate on extraordinary occasions; to prorogue them from
time to time, provided such prorogations shall not exceed sixty
days in the space of any one year; and, at his discretion, to
grant reprieves and pardons to persons convicted of crimes,
other than treason or murder, in which he may suspend the
execution of the sentence, until it shall be reported to the Le-
gislature at their subsequent meeting; and they shall either
pardon, or direct the czecution of the criminal, or grant a fur-
ther reprieve.
XIX. That it shall be the duty of the governor to inform the
Legislature, at every session, of the condition of the state, so
far as may respect his department; to recommend such mat-
ters 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 neces-
sary business with the officers of government, civil and mili-
tary; to take care that the laws are faithfully executed, to the
best of his ability; and to expedite all such ineasures 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, re-
sign, or be removed from office,) be elected in the same man-
ner with the governor, to continue in office until the next elec-
tion of a governor; and such lieutenant governor shall, by vir-
tue of his office, be president of the Senate, and, upon an equal
division, have a casting voice in their decisions, but not vote
on any other occasion.
And in case of the impeachment of the governor, or his re-
moval from office, death, resignation or absence from the state,
112
THE FREEMAN'S GUIDE.
ร
the lieutenant governor shall exercise all the power and au-
thority appertaining to the office of governor, until another be
chosen, or the governor, absent or impeached, shall return or
be acquitted. Provided, That where the governor shall, with
the consent of the Legislature, be out of the state, in time of
war, at the head of a military force thereof, he shall still conti-
nue 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 the lieutenant governor, or he shall be unable to attend as
president of the Senate, the seantors shall have power to elect
one of their own members to the office of president of the Sen-
ate, 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 the Senate shall, in like manner as the lieutenant
governor, administer the government, until others shall be elect-
ed 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, determine
and declare, that the treasurer of this state shall be appointed
by act of the Legislature, to originate with the Assembly: pro-
vided that he shall not be elected out of either branch of the
Legislature.
:
XXIII. That all officers, other than those, who, by this Con
stitution, are directed to be otherwise appointed, shall be ap-
pointed in the manner following, to wit: The Assembly shall,
once in every year, openly nominate and appoint one of the
senators from each great district, which senators shall form a
council, for the appointment of the said officers, of which the
governor for the time being, or the lieutenant governor, or the
president of the Senate, (when they shall respectively adminis
ter the government,) shall be president, and have a casting
voice, but no other vote; and with the advice and consent of
the said council, shall appoint all the said officers; and that a
majority of the said council be a quorum: and further, the said
senators shall not be eligible to the said council for two years
successively.
XXIV. That all military officers be appointed during pleas
sure; that all commissioned officers, civil and military, be com-
missioned 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 behavior, or until
they shall have respectively attained the age of sixty years.
XXV. That the chancellor and judges of the supreme court
NEW-YORK.
113
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, bold 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 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 sheriffs 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 attorneys, solicitors and counsellors at law, here-
after to be appointed, be appointed by the court, and licenced
by the first judge of the court, in which they shall respectively
plead or practice; and be regulated by the rules and orders of
the said courts
XVIII. And be it further ordained, That where, by this con-
vention, 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 peo-
ple, shall always continue to be so eligible, in the manner di-
rected by the present or future acts of the Legislature.
That loan officers, county treasurers, and clerks of the su-
pervisors, 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 ap-
pointed as follows, to wit: The Senate and Assembly shall each
openly nominatd as many persons as shall be equal to the whole
number of delegates to be appointed; after which nomination,
2 K
114
THE FREEMAN'S GUIDE.
they shall meet together, and those persons, named in boti
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, repre-
sented 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 justice 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, deter-
mine and declare, that a court shall be instituted, for the trial
of impeachments, and the correction of errors, under the regu-
lations which shall be established by the Legislature; and to
consist of the president of the Senate, for the time being, and
the senators, chancellor, and judges of the supreme court, or
the major part of them: except that when an impeachment
shall be prosecuted against the chancellor, or either of the
judges of the supreme court, the person, so impeached, shalk
be suspended from exercising his office, until his acquittal: and,
in like manner, when an appeal, from a decree in equity, shall
be heard, the chancellor shall inform the court of the reasons
of his decree, but shall not have a voice in the final sentence.
And if the cause to be determined, shall be brought up by writ
of error, on a question of law, on a judgment in the supreme
court, the judges of that court shall assign the reasons of such
their judgment, but shall not have a voice for its affirmance or
reversal.
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 impeach-
ment. 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 re,
moval from office, and disqualification to hold and enjoy any
place of honor, trust, or profit, under this state. But the party
so convicted, shall be, nevertheless, liable and subject to ins
dictment, trial, judgment and punishment, according to the
laws of the land.

NEW-YORK.
115
XXXIV. And it is further ordained, That in every trial on
impeachment, or indictment for crimes or misdemeanor, the
party impeached, or indicted, shall be allowed council, 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, deter-
mine and declare, that such parts of the common law of Eng-
land, and of the statute law of England and Great Britain, and
of the acts of the Legislature of the colony of New-York, as
together did form the law of the said colony on the 19th day of
April, in the year of our Lord, one thousand seven hundred and
seventy-five, shall be and continue the law of this state, subject
to such alterations and provisions, as the Legislature of this state
shall, from time to time, make concerning the same. That such
of the said acts as are temporary, shall expire at the times
limited for their duration respectively. That all such parts of
the said common law, and all such of the said statutes, and acts
aforesaid, or parts thereof, as may be construed to establish or
maintain any particular denomination of christians or their mi-
nisters, 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, or its inhabitants, or are repug-
nant 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 an-
nui any charters to bodies politic, by him, or them, or any of
them, made prior to that day. And that none of the said char-
ters shall be adjudged to be void, by reason of any nonuser or
misuser of any of their respective rights or privileges, between
the nineteenth day of April, in the year of our Lord one thou
sand seven hundred and seventy-five, and the publication of
116
THE FREEMAN'S GUIDE.
:
this Constitution. And further, that all such of the officers,
described in the said charters respectively, as, by the terms of
the said charters, were to be appointed by the governor of the
colony of New-York, with or without the advice and consent of
the council of the said king, in the said colony, shall henceforth
be appointed by the council, established by this Constitution, for
the appointment of officers in this state, until otherwise directed
by the Legislature.
لا
* 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 toward the said Indians, in con-
tracts made for their lands, have, in divers instances, been pro-
ductive of dangerous discontents and animosities, Be it or
dained, 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
hereafter may 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 benevo
lent principles of rational liberty, not only to expel civil tyran-
ny, but also to guard against that spiritual oppression and into-
lerance, wherewith the bigotry and ambition of weak and
wicked priests and princes have scourged mankind: this con-
vention 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 wor-
ship, without discrimination or preference, shall forever here-
after be allowed within this state to all mankind: Provided, That
the liberty of conscience hereby granted shall not be so con-
strued, 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, shail, 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 condition of de-
fence; and it is the duty of every man, who enjoys the protec-
tion of society, to be prepared and willing to defend it; this
NEW YORK.
117
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 readi-
ness for service. That all such of the inhabitants of this state,
(being of the people called quakers) as, from scruples of con-
science, may be averse to the bearing of arms, be therefrom ex-
cused 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 con-
tinued, 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 peo-
ple 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 estab-
lished, and remain inviolate forever. And that no acts of attain-
der shall be passed by the Legislature of this state, for crimes,
other than those committed before the termination of the pre-
sent war; and that such acts shall not work a corruption of
blood. And further, that the Legislature of the 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, deter-
mine and declare, that it shall be in the discretion of the Legis-
lature, 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 allegiancè
to this state, and abjure and renounce all allegiance and sub-
jection, to all and every foreign king, prince, potentate, and
state, in all matters, ecclesiastical, as well as civil.
By Order,
LEONARD GANSEVOORT, Pres. Pro. Tem.
{
:
( 118 )
NEW-JERSEY.
Constitution agreed upon at Burlington, July 2, 1776.
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: alle-
giance 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 assent-
ing to sundry acts of the British parliament, attempted to sub-
ject them to the absolute dominion of that body; and has also
made war upon then, in the most cruel and unnatural manner,
for no other cause than assorting their just rights; all civil au-
thority 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 honorable the con-
tinental Congress, the supreme council of the American colo-
nies, has advised such of the colonies, as have not yet gone into
the measure, to adopt for themselves respectively, such govern-
ment as shall best conduce to their own happiness and safety,
and the well being of America in general. We, the represen-
tatives of the colony of New-Jersey, having been elected by all
the counties in the freest manner, and in Congress assembled,
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 num-
ber and qualifications, as are herein after mentioned; and shall
be and remain vested with all the powers and authority to bẹ
held by any future Legislative Council and Assembly of this
colony, until the second Tuesday in October, which shall be in
NEW-JERSEY.
119
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 in-
habitant of the county he is to represent, and worth five hun-
dred 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
tò every law: Provided, That seven shall be a quorum of the
Council for doing business, and that no law shall pass, unless
there be a majority of all the representatives of each body per-
sonally 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 or diminish the
number or proportion of the members of Assembly for any
county or counties in this colony, then, and in such case, the
same may, on the principles of more equal representation, be
lawfully done; any thing in this charter, to the contrary not-
withstanding: so that the whole number of representatives in
Assembly, shall not, at any time, be less thirty-nine.
IV. That all the 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 qualifi-
cations and elections of their own members: sit upon their own
adjournments; prepare bills, to be passed into laws; and to em-
power their speaker to convene them whenever any extraordi-
nary occurrence shall render it necessary.
120
THE FREEMAN'S GUIDE.
:
:
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 Le-
gislature of this colony save only that they shall not prepare or
alter any money bill-which shall be the privilege of the Assem-
bly: 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 vote in their proceedings; and that the Council, them-
selves shall choose a vice-president, who shall act as such in
the absence of the governor.
VIII. That the governor, or, in his absence the vice-presi-
dent of the Council, shall have the supreme executive power,
be chancellor of the colony, and act as captain general and
commander in chief of all the militia, and other military force
in this colony; and that any three or more of the Council shall,
at all times be a privy Council, to consult them; and that the
governor be ordinary or surrogate general.
IX. That the Governor and Council, (seven whereof shall
be a quorum) be the court of appeals, in the last resort, in all
cases 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 chall continue in
office for seven years; the judges of the inferior court of com-
mon 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 provin-
cial treasurer shall continue in office for one year: and that they.
NEW JERSEY.
121
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 misbehavior, by the Council, on an im-
peachment of the Assembly.
XIII. That the inhabitants of each county, qualified to vote
as aforesaid, shall, at the time and place of electing their repre-
sentatives, annually elect one sheriff, and one or more coroners;
and they may re-elect the same person to such offices, until he
shall have served three years, but no longer; after which, three
years must elapse, before the same person is capable of being
elected again. When the election is certified to the governor,
or vice-president, under the hands of six freeholders of the coun-
ty, for which they were elected, they shall be immediately com-
missioned to serve in their respective offices.
XIV. That the townships, at their annual town meetings for
electing other officers, shall choose constables for the districts
respectively; and also three or more judicious freeholders, of
good character, to hear and finally determine all appeals, rela-
tive to unjust assessments, in cases of public taxation: which
commissioners of appeal shall, for that purpose, sit at some suit-
able time or times, to be by them appointed, and make 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. greet-
ing:" 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 pri-
vileges 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 forfeited; but shall
descend in the same manner as they would have done, had such
persons died in the natural way; nor shall any article, which
may occasion accidentally, the death of any one, be henceforth
deemed a deodand, or anywise forfeited, on account of such
misfortune.
122
THE FREEMAN'S GUIDE.
XVIII. That no person shall ever, within this colony, be
deprived of the inestimable privilege of worshipping Almighty
God, in a manner agreeble to the dictates of his own concience;
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:
tythes, taxes, or any other rates, for the purpose of building or
repairing any other church or churches, place or places of wor-
ship, or for the maintenance of any minister or ministry, con-
trary to what he believes to be right, or has deliberately or vo-e
Juntarily engaged himself to perform.
XIX. That there shall be no establishment of any one reli-
gious 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 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 be-
ing elected, and taking his seat, his office or post shall be con-
sidered as vacant.
XXI. That all the laws of this province, contained in the
edition lately published by Mr. Allison, shall be and remain in
full force, until altered by the Legislature of this colony,
(such only excepted as are incompatable 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.
ZXIL That the common law of England, as well as so much
of the statute law, as have been heretofore practised in this colony,
chall still remain in force, until they shall be altered by a future
law of the Legislature: such parts only excepted, as are repug
nant to the rights and privileges contained in this charter; and
that the inestimable right of trial by jury shall remain.confirm-
ed, as a part of the law of this colony, without repeal, forever,
XXIII. That every person, who shall be elected, as afore-
said to be a member of the Legislative Council, or House of


:

!
PENNSYLVANIA.
123
Assembly, shall, previous to his taking his seat in Council or
Assembly, take the following oath or affirmation, viz.:
66 I, A B, do solemnly declare, that as a member of the Le-
gislative 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 the 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 18th or 19th 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, That 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 Britan,
this charter shall be null and void-otherwise to remain firm
and inviolable.
IN PROVINCIAL CONGRESS, NEW-JERSEY,
Burlington, Juły 2, 1776.
By order of congress,
SAMUEL TUCKER, Pres.
Extract from the minutes,
WILLIAM PATERSON, See'y
PENNSYLVANIA.
The Constitution of the Commonwealth of Pennsylvania as rat-
ified in Convention, the 2d day of September, 1790.:
WE, THE PEOPLE OF THE COMMONWEALTH OF PENNSVLVA-.
NIA, ORDAIN AND ESTABLISH THIS
ITS GOVERNMENT.
ARTICLE I.
CONSTITUTION FOR
THE legislative power of this commonwealth shall be vested
in a General Assembly, which shall consist of a Senate and
House of Representatives.
124
THE FREEMAN'S GUIDE.
II. The representatives shall be chosen annually, by the citi
zens of the city of Philadelphia, and of each county respectively,
on the second Tuesday of October.
III. No person shall be a representative, who shall not have
attained the age of twenty-one years, and have been a citizen
and inhabitant of the state three years next preceding his elec-
tion, and the last year thereof an inhabitant of the city or coun-
ty, in which he shall be chosen; unless he shall have been ab-
sent on the public business of the United States, or of this state.
No person, residing within any city, town or borough, which
shall be entitled to a separate representation, shall be elected
a member for any county; nor shall any person residing with-
out the limits of any such city, town or borough, be elected
member therefor.
IV. Within three years after the first meeting of the General
Assembly, and within every subsequent term of seven years, an
enumeration of the taxable inhabitants shall be made, in
such manner as shall be directed by law. The number of repre-
sentatives shall, at the several periods of making such enume-
ration, be fixed by the Legislature, and apportioned among the
city of Philadelphia, and the several counties, according to the
number of taxable inhabitants in each, and shall never be less
than sixty, nor greater than one hundred. Each county shall
have, at least, one representative: but no county, hereafter
erected, shall be entitled to a separate representation, until a
sufficient number of taxable inhabitants shall be contained with-
in it, to entitle them to one representative agreeable to the ratio,
which shall then be established.
V. The senators shall be chosen for four years, by the citi-
zens of Philadelphia, and of the several counties, at the same
time, in the same manner, and at the same places, where they
shall vote for representatives.
VI. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the Le-
gislature, and apportioned among the districts formed as herein
after directed, according to the number of taxable inhabitants
in each; and shall never be less than one fourth nor greater than
one third, of the number of representatives.
VII. The senators shall be chosen in districts, to be formed
by the Legislature; each district containing such a number of
taxable inhabitants, as shall be entitled to elect not more than
four senators. When a district shall be composed of two or
more counties, they shall be adjoining. Neither the city of Phi-
ladelphia, nor any county, shall be divided, in forming a dis-
trict.
PENNSYLVANIA.
125
VIII. No person shall be a senator, who shall not have at-
tained the age of twenty-five years, and have been a citizen and
inhabitant of the state four years next before his election, and
the last year thereof an inhabitant of the district, for which he
shall be chosen; unless he shall have been absent on the public
business of the United States, or of this state.
IX. Immediately after the senators shall be assembled, in
consequence of the first election, subsequent to the first enu-
meration, they shall be divided, by lot, as equally as may be,
into four classes. The seats of the senators of the first class
shall be vacated, at the expiration of the first year; of the se-
cond class, at the expiration of the second year; of the third
class, at the expiration of the third year; and of the fourth class,
at the expiration of the fourth year; so that one fourth may
chosen every year.
be
X. The General Assembly shall meet on the first Tuesday
of December in every year; unless sooner convened by the go-
vernor.
XI. Each House shall choose its speaker and other officers;
and the Senate shall also choose a speaker, pro tempore, when
the speaker shall exercise the office of governor.
XII. Each House shall judge of the qualifications of its
members. Contested elections shall be determined by a com-
mittee to be selected, formed and regulated in such manner as
shall be directed by law. A majority of each House shall con-
stitute a quorum to do business: but a smaller number may ad-
journ from day to day, and may be authorized, by law, to com-
pel the attendance of absent members, in such manner, and
under such penalties, as may be provided.
XIII. Each House may determine the rules of its proceed-
ings; punish its members for disorderly behavior; and, with
the concurrence of two thirds, expel a member; but not a se-
cond time for the same cause, and shall have all other powers
necessary for a branch of the Legislature of a free state.
XIV. Each House shall keep a journal of its proceedings,
and publish them weekly, except such parts as may require
secrecy. And the yeas and nays of the members, on any ques-
tion, shall, at the desire of any two of them, be entered on the
journals.
XV. The doors of each House, and of committees of the
whole, shall be open, unless when the business shall be such
as ought to be kept secret.
XVI. Neither House shall, without the consent of the other,
adjourn for more than three days, nor to any other place than
that in which the two Houses shall be sitting.
2 L
126
THE FREEMAN'S GUIDE.
XVII. The senators and representatives shall receive a com-
pensation for their services, to be ascertained by law, and paid
out of the treasury of the commonwealth. They shall in all
cases, except treason, felony, and breach or surety of the peace,
be privileged from arrest, during their attendance at the session
of the respective Houses, and in going to and returning from
the same. And for any speech or debate in either House they
shall not be questioned in any other place.
XVIII. No senator or representative shall, during the time
for which he shall have been elected, be appointed-to any civil
office, under this commonwealth, which shall have been cre-
ated, or the emoluments of which shall have been encreased,
during such time; and no member of Congress, or other per-
son holding any office, except of attorney at law, and in the mi-
litia, under the United States or this commonwealth, shall be
a member of either House, during his continuance in Con-
gress, or in office.
XIX. When vacancies happen in either House, the speaker
shall issue writs of election to fill such vacancies.
XX. All bills, for raising revenue, shall originate in the
House of Representatives; but the Senate may propose amend-
ments, as in other bills.
XXI. No money shall be drawn from the treasury, but in
consequence of appropriations made by law.
XXII. Every bill, which shall have passed both Houses,
shall be presented to the governor. If he approve, he shall sign
it; but if he shall not approve, he shall return it, with his ob-
jections to the House, in which it shall have originated, who
shall enter the objections at large upon their journals, and pro-
ceed to reconsider it. If, after such reconsideration, two thirds
of that House shall agree to pass the bill, it shall be sent, with
the objections, to the other House, by which likewise it shall
be reconsidered; and if approved by two thirds of that House,
it shall be a law. But in such cases, the votes of both Houses
shall be determined by yeas and nays; and the names of the
persons voting for or against the bill, shall be entered on the
journals of each House respectively. If any bill shall not be
returned by the governor within ten days (Sundays excepted)
after it shall be presented to him; it shall be a law, in like man-
ner as if he had signed it, unless the General Assembly, by
their adjournment, prevent its return; in which case, it shall
be a law, unless sent back within three days after their next
meeting.
XXIII. Every order, resolution, or vote, to which the con-
currence of both Houses may be necessary (except on a ques-
tion of adjournment) shall be presented to the governor; and,
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·
before it shall take effect, be approved by him; or, being dis-
approved, shall be repassed by two thirds of both Houses, ac-
cording to the rules and limitations prescribed in case of a bill.
ARTICLE II.
I. THE supreme executive power of this commonwealth,
shall be vested in a governor.
II. The governor shall be chosen on the second Tuesday of
October, by the citizens of the commonwealth, at the places
where they shall respectively vote for representatives. The re-
turns of every election for governor shall be sealed up, and
transmitted to the seat of government, directed to the speaker
of the Senate, who shall open and publish them, in the presence
of the members of both Houses of the Legislature. The person
having the highest number of votes, shall be governor. But if
two or more shall be equal and highest in votes, one of them
shall be chosen governor, by the joint yote of the members of
both Houses. Contested elections shall be determined by a com-
mittee, to be selected from both Houses of the Legislature, and
formed and regulated in such manner as shall be directed by
law.
III. The governor shall hold his office during three years
from the third Tuesday of December next ensuing his elec-
tion; and shall not be capable of holding it longer than nine in
any term of twelve years.
IV. He shall be at least thirty years of age, and have been
a citizen and inhabitant of this state seven years next before
his election; unless he shall have been absent on the public.
business of the United States, or of this state.
V. No member of Congress, or person holding any office
under the United States, or this state, shall exercise the office
of governor.
VI. The governor shall, at stated times, receive, for his ser-
vices, a compensation which shall be neither increased nor di-
minished during the period for which he shall have been
elected.
VII. He shall be commander in chief of the army aud navy
of this commonwealth, and of the militia; except when they
shall be called into actual service of the United States.
VIII. He shall appoint all officers, whose offices are estab-
lished by this Constitution, or shall be established by law, and
whose appointments are not herein otherwise provided for;
but no person shall be appointed to an office within any county,
who shall not have been a citizen and inhabitant therein one
year next before his appointment, if the county shall have been
so long erected; but, if it shall not have been so long erected,
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THE FREEMAN'S GUIDE.
then within the limits of the county or counties, out of which
it shall have been taken. No member of Congress from this
state, or any person holding or exercising any office of profit
under the United States, shall, at the same time, hold or exer-
cise the office of judge, secretary, treasurer, prothonotary, re-
gister of wills, recorder of deeds, sheriff, or any office in this
state, to which a salary is by law annexed, or any other office
which future legislatures shall declare incompatible with of-
fices or appointments under the United States.
IX. He shall have power to remit fines and forfeitures, and
grant reprieves and pardons, except in cases of impeachment.
X. He may require information, in writing, from the officers
in the executive department, upon any subject relating to the
duties of their respective offices.
XI. He shall, from time to time, give to the General As-
sembly, information of the state of the commonwealth, and
recommend to their consideration such measures as he shall
judge expedient.
XII. He may on extraordinary occasions, convene the Ge
neral Assembly; and, in case of disagreement between the
two Houses, with respect to the time of adjournment, adjourn
them to such time as he shall think proper, not exceeding four
months.
XIII. He shall take care that the laws be faithfully exe-
cuted..
XIV. In case of the death or resignation of the governor, or
of his removal from office, the speaker of the Senate shall ex-
ercise the office of governor, until another governor shall be
duly qualified. And if the trial of a contested election shall
continue longer than until the third Tuesday in December
next ensuing the election of governor, the governor of the last
year, or the speaker of the Senate, who may be in the exercise.
of the executive authority, shall continue therein, until the de-
termination of such contested election, and until a governor
shall be qualified as aforesaid.
XV. A secretary shall be appointed and commissioned dur-
ing the governor's continuance in office, if he shall so long be-
have himself well. He shall keep a fair register of all the offi-..
cial acts and proceedings of the governor, and shall when
required, lay the same, and all papers, minutes and vouchers,
relative thereto, before either branch of the Legislature; and
shall perform such other duties as shall be enjoined him by
law.
ARTICLE III.
I. IN elections by the citizens, every freeman, of the age of
twenty-one years, having resided in the state two years next.
PENNSYLVANIA.
129
before the election, and within that time paid a state or county
tax, which shall have been assessed at least six months before
the election, shall enjoy the rights of an elector: Provided,
That the sons of persons qualified as aforesaid, between the
ages of twenty-one and twenty-two years, shall be entitled to
vote, although they shall not have paid taxes.
II. All elections shall be by ballot, except those by persons
in their representative capacities, who shall vote viva voce.
III. Eléctors shall, in all cases, except treason, felony and
breach or surety of the peace, be privileged from arrest during
their attendance at elections, and in going to and returning from
them.
ARTICLE IV.
I. THE House of Representatives shall have the sole power
of impeaching.
II. All impeachments shall be tried by the Senate. When
sitting for that purpose, the Senators shall be upon oath or affir-
mation. No person shall be convicted without the concurrence
of two thirds of the members present.
III. The governor, and all other civil officers, under this
commonwealth, shall be liable to impeachment for any misde-
meanor in office. But judgment, in such cases, shall not extend
further than to removal from office, and disqualification to hold
any office of honor, trust or profit, under this commonwealth.
The party, whether convicted or acquitted, shall nevertheless
be liable to indictment, trial, judgment, and punishment ac-
cording to law.
ARTICLE V.
I. THE judicial power of this commonwealth shall be vested
in a supreme court, in courts of oyer and terminer and general
jail delivery, in court of common pleas, orphans' court, regis-
ter's court, and a court of quarter sessions of the peace for
each county, in justices of the peace, and in such other courts
as the Legislature may, from time to time, establish.
II. The judges of the supreme court, and of the several
courts of common pleas, shall hold their offices during good
behavior. But for any reasonable cause, which shall not be suf-
ficient ground of impeachment, the governor may remove any
of them, on the address of two thirds of each branch of the Le-
gislature. The judges of the supreme court, and the presidents
of the several courts of common pleas, shall, at stated times,
receive, for their services, an adequate compensation, to he
fixed by law, which shall not be diminished during their conti-
nuance in office: but they shall receive no fees or perquisites
of office, nor hold any other office of profit under this common-
wealth.
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III. The jurisdiction of the supreme court shall extend over
the state: and the judges thereof shall, by virtue of their of-
fices, be justices of oyer and terminer and general jail delivery
in the several counties...
IV. Until it shall be otherwise directed by law, the several
courts of common pleas shall be established in the following
manner: The governor shall appoint in each county, not fewer
than three, nor more than four judges, who, during their con-
tinuance in office, shall reside in such county. The state shall
be divided by law, into circuits, none of which shall include
more than six, nor fewer than three counties. A president
shall be appointed of the courts of each circuit, who, during
his continuance in office, shall reside therein. The president
and judges, any two of whom shall be a quorum, shall compose
the respective courts of common pleas.
:
V. The judges of the court of common pleas in each county,
shall, by virtue of their offices, be justices of oyer and terminer
and general jail delivery; for the trial of capital and other of-
fenders therein: any two of the said judges, the president boing
one, shall be a quorum; but they shall not hold a court of oyer
and terminer or jail delivery in any county, when the judges
of the supreme court, or any of them, shall be sitting in the
same county. The party accused, as well as the common-
wealth, may, under such regulations, as shall be prescribed by
law, remove the indictment and proceedings, or a transcript
thereof, into the supreme court.
VI. The supreme court and the several courts of common
pleas, shall, beside the powers heretofore usually exercised by
them, have the powers of a court of chancery, so far as relates
to the perpetuating testimony, the obtaining of evidence from
places not within the state, and the care of the persons and
estates of those who are non compos mentis; and the Legisla-
ture shall vest in the said courts, such other powers to grant re-
lief in equity, as shall be found necessary; and may, from time.
to time, enlarge or diminish those powers, or vest them in such
other courts as they shall judge proper, for the due administra-
tion of justice.
VII. The judges of the court of common pleas of each coun-
ty, any two of whom shall be a quorum, shall compose the
court of quarter sessions of the peace, and orphans' court
thereof and the register of wills, together with the said judges,
or any two of them, shall compose the register's court of each
.county.
VIII. The judges of the courts of common pleas shall,with-
in their respective counties, have the like powers with the
judges of the supreme court, to issue writs of certiorari to the
PENNSYLVANIA.
131
justices of the peace, and to cause their proceedings to be
brought before them, and the like right and justice to be done.
IX. The president of the court in each circuit, within such
circuit, and the judges of the court of common pleas, within
their respective counties, shall be justices of the peace, so far
as relates to criminal matters.
X. The governor shall appoint a competent number of jus-
tices of the peace, in such convenient districts, in each county,
as are or shall be directed by law; they shall be commissioned
during good behavior; but may be removed on conviction of
misbehavior in office, or of any infamous crime, or on the ad-
dress of both Houses of the Legislature.
XI. A register's office for the probate of wills and granting
letters of administration, and an office for the recording of deeds,
shall be kept in each county.
XII. The style of all process shall be, The Commonwealth of
Pennsylvania; all prosecutions shall be carried on in the ame
and by the authority of, The Commonwealth of Pennsylvania,
and conclude, Against the peace and dignity of the same.
ARTICLE VI.
I. SHERIFFS and coroners shall, at the times and places of
election of representatives, be chosen by the citizens of each.
county. Two persons shall be chosen for each office, one of
whom, for each respectively, shall be appointed by the gover-
nor. They shall hold their offices for three years, if they shall
so long behave themselves well, and until a successor shall be
duly qualified, but no person shall be twice chosen or appoint-
ed sheriff in any term of six years. Vacancies in either of the
said offices, shall be filled by a new appointment, to be made
by the governer, to continue until the next general election,
and until a successor shall be chosen and qualified as aforesaid..>
II. The freemen of this commonwealth shall be armed and
disciplined for its defence. Those, who conscientiously scruple
to bear arms, shall not be compelled to do se; but shall pay an
equivalent for personal service. The militia officers shall be
appointed in such manner, and for such time, as shall be di-
rected by law.
III. Prothonotaries, clerks of the peace and orphans' courts,
recorders of deeds, registers of wills and sheriffs, shall keep
their offices in the county town, of the county in which they
"espectively shall be officers; unless when the governor shall,
for special reasons, dispense therewith, for any terin, not ex-
ceeding five years, after the county shall have been erected.
IV. All commissions shall be in the name and by the authority
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THE FREEMAN'S GUIDE.
of the commonwealth of Pennsylvania, and be sealed with the
state seal, and signed by the governor.
V. The state treasurer shall be appointed, annually, by the
joint vote of the members of both Houses. All other officers,
in the treasury department, attorneys at law, election officers,
officers relating to taxes, to the poor and highways, constables
and other township officers, shall be appointed in such manner
as is or shall be directed by law.
ARTICLE VII.
I. THE Legislature shall, as soon as conveniently may be,
provide, by law, for the establishment of schools throughout the
state, in such manner that the poor may be taught gratis.
II. The arts and sciences shall be promoted in one or more
seminaries of learning.
III. The rights, privileges, immunities, and estates of reli-
gious societies and corporate bodies, shall remain, as if the Con-
stitution of this state had not been altered or amended.
ARTICLE VIII.
MEMBERS of the General Assembly, and all officers, execu-
tive and judicial, shall be bound by oath or affirmation, to sup-
port the Constitution of this commonwealth, and to perform
the duties of their respective offices with fidelity.
ARTICLE IX.
THAT the general, great and essential principles of liberty
and free government may be recognized and unalterably estab-
lished, we declare,
I. That all men are born equally free and independent, and
have certain inherent and indefeasible rights, among which are
those of enjoying and defending life and liberty, of acquiring,
possessing, and protecting property and reputation, and of pur-
suing their own happiness.
II. That all power is inherent in the people; and all free
governments are founded on their authority, and instituted for
their peace, safety, and happiness. For the advancement of
those ends, they have, at all times, an unalienable and indefea-
sible right, to alter, reform, or abolish their government, in
such manner as they may think proper.
III. That all men have a natural and indefeasible right to
worship Almighty God according to the dictates of their own
conciences; that no man can, of right, be compelled to attend,
erect, or support any place of worship, or to maintain any min-
istry, against his consent; that no human authority can, in any
PENNSYLVANIA.
183
case whatever, control or interfere with the rights of conscience;
and that no preference shall ever be given, by law, to any re-
ligious establishments or modes of worship.
IV. That no person, who acknowledges the being of a God,
and a future state of rewards and punishments, shall on account.
of his religious sentiments, be disqualified to hold any office or
place of trust or profit under this commonwealth.
V. That elections shall be free and equal.
VI. The trial by jury shall be as heretofore, and the right
thereof remain inviolate.
VII. That the printing presses shall be free to every person
who undertakes to examine the proceedings of the Legislature
or any branch of government: and no law shall ever be made
to restrain the right thereof. The free communication of
thoughts and opinions is one of the invaluable rights of man:
and every citizen may freely speak, write, and print on any
subject, being responsible for the abuse of that liberty. In pro-
secutions for the publication of papers investigating the official
conduct of officers, or men in a public capacity, or where the
matter published is proper for public information, the truth
thereof may be given in evidence. And, in all indictments for
libels, the jury shall have a right to determine the law and the
facts under the direction of the court as in other cases.
VIII.That the people shall be secure in their persons, houses,
papers and possessions,from unreasonable searches and seizures:
and that no warrant to seach any place or to seize any person
or things, shall issue without describing them as nearly as may
be, nor without probable cause, supported by oath or affirma-
tion.
1-
IX. That, in all criminal prosecutions, the accused hath
right to be heard by himself and his counsel; to demand the
nature and cause of the accusation against him; to meet the
witnesses face to face; to have compulsory process for obtain-
ing witnesses in his favor; and, in prosecutions by indictment
or information, a speedy public trial, by an impartial jury of
the vicinage: that he cannot be compelled to give evidence
against himself; nor can he be deprived of his life, liberty, or
property, unless by the judgment of his peers, or the law of the
land.
X. That no persons shall, for any indictable offence, be pro-
ceeded against criminally by information, except in cases aris-
ing in the land or naval forces, or in the militia when in actual
service, in time of war or public danger, or, by leave of the
court, for oppression and misdemeanor in office. No person
shall, for the same offence, be twice put in jeopardy of life or
M
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limb; nor shall any man's property be taken or applied to pub-
lic use, without the consent of his representatives, and without
just compensation being made.
XI. That all courts shall be open; and every man for an in-
jury done him in his lands, goods, person or reputation, shall
have remedy by the due course of law, and right and justice
administered without sale, denial or delay. Suits may be brought
against the commonwealth in such manner, in such courts, and
in such cases, as the Legislature may by law direct.
XII. That no power of suspending laws, shall be exercised
unless by the Legislature, or its authority.
XIII. That excessive bail shall not be required, nor exces-
sive fines imposed, nor cruel punishments inflicted.
XIV. That all prisoners shall be bailable by sufficient sure-
ties, unless for capital offences, when the proof is evident or
presumption great; and the privilege of the writ of habeas cor-
pus shall not be suspended, unless when, in cases of rebellion
or invasion, the public safety may require it.
XV. That no commission of oyer and terminer or jail deli-
very shall be issued.
XVI. That the person of a debtor, where there is not strong
presumption of fraud, shall not be continued in prison, after
delivering up his estate for the benefit of his creditors, in such
manner as shall be prescribed by law.
XVII. That no ex post facto law, nor any law impairing
Contracts, shall be made..
XVIII. That no person shall be attainted of treason or felo-
ny by the Legislature.
XIX. That no attainder shall work corruption of blood, nor
except during the life of the offender, forfeiture of estate, to
the commonwealth; that the estates of such persons as shall
destroy their own lives, shall descend or vest as in case of na
tural death; and if any person shall be killed by casualty, there
shall be no forfeiture by reason thereof.
XX. That the citizens have a right, in a peaceable manner,
to assemble together for their common good, and to apply to
those invested with the powers of government, for redress of
grievances, or other proper purposes, by petition, address or
remonstrance,
XXI. That the right of the citizens to bear arms, in defence,
of themselves and the state, shall not be questioned.
XXII. That no standing army shall, in time of peace, be
kept up, without the consent of the Legislature; and the mili
tary shall, in all cases, and at all times, be in strict subordination
to the civil power.
PENNSYLVANIA.
135
XXIII. That 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.
XXIV. That the Legislature shall not grant any title of no-
bility or hereditary distinction, nor create any office, the ap-
pointment to which shall be for a longer term than during good
behavior.
XXV. That emigration from the state shall not be prohibited.
XXVI. To guard against transgressions of the high powers
which we have delegated, We declare, That every thing in this
article, is excepted out of the general powers of government,
and shall forever remain inviolate.
SCHEDULE.
THAT no inconvenience may arise from the alterations and
amendments in the Constitution of this commonwealth, and
in order to carry the same into complete operation, it is hereby
declared and ordained,
I. That all laws of this commonwealth, in force at the time
of making the said alterations and amendments in the said
Constitution, and not inconsistent therewith, and all rights, ac-
tions, prosecutions, claims, and contracts, as well of individuals
as of bodies corporate, shall continue as if the said alterations
and amendments had not been made.
II. That the president and supreme executive council shall
continue to exercise the executive authority of this common-
wealth, as heretofore, until the third Tuesday of December
next; but no intermediate vacancies in the council shall be
supplied by new elections.
III. That all officers, in the appointment of the executive dé-
partment, shall continue in the exercise of the duties of their
respective offices, until the first day of September, one thou-
sand seven hundred and ninety-one, unless their commissions
shall sooner expire by their own limitations, or the said offices
become vacant by death or resignation, and no longer, unless
re-appointed and commissioned by the governor; except that
the judges of the supreme court shall hold their offices for the
terms in their commissions respectively expressed.
IV. That justice shall be administered in the several coun
ties of this state until the period aforesaid, by the same justices,
in the same courts, and in the same manner, as heretofore.
V. That no person, now in commission as sheriff, shall be
eligible at the next election, for a longer term than will, with
the time which he shall haye served in the said office, complete
the term of three years.
!
136
THE FREEMAN'S GUIDE.
VI. That until the first enumeration shall be made, as direc-
ted in the fourth section of the first article of the Constitution,
established by this convention, the city of Philadelphia, and the
several counties, shall be respectively entitled to elect the same
number of representatives, as is now prescribed by law.
VII. That the first Senate shall consist of eighteen mem-
bers, to be chosen in districts, formed as follows, to wit: The
city of Philadelphia, and the counties of Philadelphia and De-
laware, shall be a district, and elect three senators; the county
of Chester shall be a district, and shall elect one senator; the
county of Bucks shall be a district, and shall elect one senator;
the county of Montgomery shall be a district, and shall elect
one senator; the county of Northampton shall be a district, and
shall elect one senator; the counties of Lancaster and York
shall be a district, and shall elect three senators; the counties
of Berks and Dauphin shall be a district, and shall elect two
senators; the counties of Cumberland and Mifflin shall be a
district, and shall elect one senator; the counties of Northum-
berland, Luzerne and Huntingdon shall be a district, and shall
elect one senator; the counties of Bedford and Franklin shall be
a district, and shall elect one senator; the counties of West-
... moreland and Alleghany shall be a district, and shall elect one
senator; and the counties of Washington and Fayette shall be
a distītct, and shall elect two senators: which senators shall
serve until the first enumeration before mentioned shall be
made, and the representation in both Houses of the Legislature
shall be established by law, and chosen as in the Constitution is
directed. Any vacancies, which shall happen in the Senate,
within the said time, shall be supplied as prescribed in the nine-
teenth section of the first article.
:
VIII. That the elections of senators shall be conducted, and
the returns thereof made to the Senate, in the same manner as is
prescribed by the election laws of the state for conducting and
making return of the election of representatives. In those dis-
tricts, which consist of more than one county, the judges of the
: district elections within each county, after having formed a re-
turn of the whole election within that county, in such manner
as is directed by law, shall send the same, by one or more of
their number, to the place herein after mentioned within the
district, of which such county is a part, where the judges, so
met, shall compare and cast up the several county returns, and
sexécute, under their hands and scals, one general and true re-
turn for the whole district; that is to say, the judges of the dis-
trict composed of the city of Philadelphia, and the counties of
Philadelphia and Delaware, shall meet in the state house in the
PENNSYLVANIA.
137
city of Philadelphia; the judges of the district composed of the
counties of Lancaster and York, shall meet at the court house,
in the county of Lancaster; the judges of the district composed
of the counties of Berks and Dauphin, shall meet at Middle-
town, in the county of Berks; the judges of the district com-
posed of the counties of Cumberland and Mifflin, shall meet
in Greenwood township, county of Cumberland, at the house
now occupied by David Miller; the judges of the district com-
posed of the counties of Northumberland, Luzerne and Hunt-
ingdon, shall meet in the town of Sunbury; the judges of the
district composed of the counties of Bedford and Franklin,
shall meet at the house now occupied by John Dickey, in Air
township, Bedford county; the judges of the district composed
of the counties of Westmoreland and Alleghany, shall meet
in Westmoreland county, at the court house in the town of
Greensborough; and the judges of the district composed of
the counties of Washington and Fayette, shall meet at the court
house in the town of Washington, in Washington county, on
the third Tuesday in October respectively, for the purposes
aforesaid.
IX. That the election of the governor shall be conducted in
the several counties, in the manner prescribed by the laws of
the state for the election of representatives: and the returns in
each county shall be sealed by the judges of the elections, and
transmitted to the president of the supreme executive council,
lirected to the speaker of the Senate, as soon after the election
as may be.
Done in convention, the second day of September, in the
year of our Lord one thousand seven hundred and ninety,
and of the independence of the United States of America,
the fifteenth. In testimony whereof we have hereunto sub
scribed our names.
THOMAS MIFFLIN, Pres..
James Wilson, Hilary Baker, William Lewis, Thomas
M'Kean, George Gray, William Robinson, junr. Robert Hare,
Enoch Edwards, Samuel Ogden, Thomas Jenks, John Barclay,
Abraham Stout, William Gibbons, Thomas Bull, James Boyd,
Edward Hand, Robert Coleman, Sebastian Graff, John Hubly,
John Breckbill, Henry Miller, Henry Slegle, William Reed,
Benjamin Tyson, Benjainin Pedan, Matthew Dill, William Ir-
vine, James Power, Joseph Heister, Christian Lower, Abra-
ham Lincoln, Paul Groscop, Baltzer Gehr, Samuel Sitgreaves,
John Arndt, Peter Rhoads, Joseph Powell, John Piper, Charles
Smith, Simon Snyder, William Findley, William Todd, Alex-
2. M
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THE FREEMAN'S GUIDE.
L
}
ander Addison, John Hoge, David Reddick, James Ross, John
Smilie, Albert Gallatin, James M'Lene, George Matthews,
James Morris, Lindsay Coates, Jonathan Shoemaker, John
Gloninger, William Brown, Alexander Graydon, Timothy
Pickering, Andrew Henderson, John Gibson, Thomas Beale,
John Sellers, Nathaniei Newlin.
Attest,
JOSEPH REDMAN, Secretary.
JACOB SHALLUS, Assistant Secretary.
DELAWARE.
Constitution agreed upon by the delegates of the people.
WE, THE PEOPLE, HEREBY ORDAIN AND ESTABLISH THIS.
CONSTITUTION OF GOVERNMENT FOR THE STATE CF DE-
LAWARE.
THROUGH divine goodness, all men have by nature, the
rights of worshipping and serving their creator according to
the dictates of their consciences, of enjoying and defending
life and liberty, of acquiring and protecting reputation and pro
perty, and in general of attaining objects suitable to their con
dition, without injury by one to another; and as these rights are
essential to their welfare, for the due exercise thereof, powe
is inherent in them; and therefore all just authority in the in
stitutions of political society is derived from the people, and
established with their consent, tò advance their happiness: and
they may for this end, as circumstances require, from time to
time, alter their Constitution of government.
ARTICLE I.
SECT. 1. ALTHOUGH it is the duty of all men frequently to
assemble together for the public worship of the author of the
universe, and piety and morality, on which the prosperity of
communities depends, are thereby promoted; yet no man shall
or ought to be compelled to attend any religious worship, tỏ
contribute to the erection or support of any place of worship,
or to the maintenance of any ministry, against his own free will
and consent; and no power shall or ought to be vested in or
assumed by any magistrate, that shall in any case interfere
with, or in any manner control the rights of conscience, in the
free exercise of religious worship, nor a preference be given by
DELAWARE.
139
law to any religious societies, denominations, or modes of
worship.
SECT. II. No religious test shall be required as a qualifica-
tion to any office, or public trust, under this state.
SECT. III. All elections shall be free and equal.
SECT. IV. Trial by jury shall be as heretofore.
SECT. V. The press shall be free to every citizen, who un-
dertakes to examine the official conduct of men acting in a
public capacity; and any citizen may print on any subject, be
ing responsible for the abuse of that liberty. In prosecutions
for publications, investigating the proceedings of officers, or
where the matter published is proper for public information,
the truth thereof may be given in evidence: And in all indict-
ments for libels the jury may determine the facts and the law,
as in other cases.
SECT. VI. The people shall be secure in their persons,
houses, papers, and possessions, from unreasonable searches
and scizures; and no warrant to search any place, or to seize
any person or thing, shall issue without describing them as
particularly as may be; nor then, unless there be probable
cause supported by oath or affirmation.
SECT. VII. In all criminal prosecutions, the accused hath a
right to be heard by himself and his counsel, to be plainly and
fully informed of the nature and cause of the accusation against
him, to meet the witnesses in their examination face to face, to
have compulsory process in due time, on application by him-
self, his friends or counsel, for obtaining witnesses in his favor,
and a speedy and public trial by an impartial jury: he shall not
be compelled to give evidence against himself, nor shall he be
deprived of life, liberty, or property, unless by the judgment of
his peers, or the law of the land.
SECT. VIII. No person shall, for any indictable offence be
proceeded against criminally by information, except in cases
arising in the land or naval forces, or in the militia when in ac-
tual service in time of war or public danger; and no person
shall be for the same offence twice put in jeopardy of life or
limb; nor shall any man's property be taken or applied to pub-
lic use, without the consent of his representatives, and without
compensation being made.
SECT. IX. All courts shall be open; and every man for an
injury done him in his reputation, person, moveable or im-
moveable possessions, shall have remedy by the due course of
law, and justice administered according to the very right of the
cause, and the law of the land, without sale, denial, or unrea-
sonable delay or expense; and every action shall be tried in the
county in which it shall be commenced, unless when the judges
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THE FREEMAN'S GUIDE.
of the court in which the cause is to be tried, shall determine
that an impartial trial therefor cannot be had in that county.
Suits may be brought against the state, according to such re-
gulations as shall be made by law.
SECT. X. No power of suspending laws shall be exercised
but by authority of the Legislature.
SECT. XI. Excessive bail shall not be required, nor exces-
sive fines imposed, nor cruel punishments inflicted: And in
the construction of jails, a proper regard shall be had to the
health of prisoners.
SFCT. XII. All prisoners shall be bailable by sufficient sure-
ties, unless for capital offences, when the proof is positive or
the presumption great; and when persons are confined on ac-
cusation for such offences, their friends and counsel may at pro-
per scasons have access to them.
SECT. XIII. The privilege of the writ of habeas corpus shall
not be suspended, unless when in cases of rebellion or invasion,
the public safety may require it.
SECT. XIV. No commission of oyer and terminer or jail de-
livery shall be issued.
SECT. XV. No attainder shall work corruption of blood, nor
except during the life of the offender, forfeiture of estate. The
estates of those who destroy their own lives shall descend or
vest as in case of natural death, and if any person be killed by
accident, no forfeiture shall be thereby incurred.
SECT. XVI. Although disobedience to laws, by a part of the
people, upon suggestions of impolicy or injustice in them,
tends, by immediate effect and the influence of example, not
only to endanger the public welfare and safety, but also in go-
vernments of a republican form, contravenes the social prin-
ciples of such governments, founded on common consent for
common good; yet the citizens have a right in an orderly man-
ner to meet together, and apply to persons entrusted with the
powers of government, for redress of grievances or other pro-
per purposes, by petition, remonstrance or address.
SECT. XVII. No standing army shall be kept up without the
consent of the Legislature; and the military shall, in all cases,
and at all times, be in strict subordination to the civil power.
SECT. XVIII, No soldier shall in time of peace be quartered
in any house without the consent of the owner; nor in time of
war, but by a civil magistrate, in a manner to be prescribed by
law.
SECT. XIX. No hereditary distinction shall be granted, nor
any office created or exercised, the appointment to which shall
be for a longer term than during good beliavior; and no per…
DELAWARE.
141
}
son holding any office under this state, shall accept of any of-
fice, or title of any kind whatever, from any king, prince, or
foreign state.
We declare, that every thing in this article is reserved out
of the general powers of government herein after mentioned.
ARTICLE II.
SECT. 1. The legislative power of this state shall be vested
in a General Assembly, which shall consist of a Senate and
House of Representatives.
SECT. II. The representatives shall be chosen annually by
the citizens residing in the several counties respectively, on
the first Tuesday of October.
No person shall be a representative who shall not have at-
tained to the age of twenty-four years, and have a freehold in
the county in which he shall be chosen, have been a citizen
and inhabitant of the state three years next preceding the first
meeting of the Legislature after his election, and the last year
of that term an inhabitant of the county in which he shall be
-chosen, unless he shall have been absent on the public busi-
ness of the United States or of this state.
There shall be seven representatives chosen in each county,
until a greater number of representatives shall by the General
Assembly be judged necessary: and then, two thirds of each
branch of the Legislature concurring, they may by law make
provision for increasing their number.
SECT. III. The senators shall be chosen for three years by
the citizens residing in the several counties respectively, hav-
ing right to vote for representatives, at the same time when
they shall vote for representatives, in the same manner, and at
the same places.
No person shall be a senator who shall not have attained to
the age of twenty-seven years, and have in the county in which
he shall be chosen, a freehold estate in two hundred acres of
land, or an estate in real and personal property, or in either, of
the value of one thousand pounds at least, and have been a ci-
tizen and inhabitant of the state three years next preceding the
first meeting of the Legislature after his election, and the last
year of that term an inhabitant of the county in which he shall
be chosen, unless he shall have been absent on the public busi-
ness of the United States or of this state.
There shall be three senators chosen in each county. When
a greater number of senators shall by the General Assembly be
judged necessary, two thirds of each branch concurring, they
may by law make provision for increasing their number; but
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1.
1
;
the number of senators shall never be greater than one half, nor
less than one third of the number of representatives.
Immediately after the senators shall be assembled in conse-
quence of the first election, the senators residing in each county
shall be divided by lot into three classes. The seats of the se-
nators of the first class shall be vacated at the expiration of the
first year; of the second class at the expiration of the second
year; and of the third class at the expiration of the third year;
so that one third may be chosen every year.
SECT. IV. The General Assembly shall meet on the first
Tuesday of January in every year, unless sooner convened by
the governor.
SECT. V. Each House shall choose its speaker and other of-
ficers; and also each House, whose speaker shall exercise the
office of governor, may choose a speaker pro temfiore.
SECT. VI. Each House shall judge of the elections, returns,
and qualifications of its own members; and a majority of each
shall constitute a quorum to do business; but a smaller number,
may adjourn from day to day, and shall be authorized to compel
the attendance of absent members, in such manner and under
such penalties, as shall be deemed expedient.
SECT. VII. Each House may determine the rules of its pro-
ceeding, punish any of its members for disorderly behavior, and
with the concurrence of two thirds, expel a member; and shall
have all other powers necessary for a branch of the Legislature
of a frée and independent state.
SECT. VIII. Each House shall keep a journal of its proceed-
ings, and publish them immediately after every session, except.
such parts as may require secrecy: and the yeas and nays of
the members on any question, shall at the desire of any mem-
ber, be entered on the journal.
SECT. IX. The doors, of each House, and of committees of
the whole, shall be open, unless when the business is such as
ought to be kept secret.
SECT. X. Neither House shall, without the consent of the
other, adjourn for more than three days, nor to any other place
than that in which the two Houses shall be sitting.
SECT. XI. The senators and representatives shall receive a
compensation for their services, to be ascertained by law, and-
paid out of the treasury of the state; but no law varying the
compensation shall take effect, till an election of representatives
shall have intervened. They shall in all cases, except treason,
felony or breach of the peace, be privileged from arrest during
their attendance at the session of their respective Houses, and
in going to and returning from the same; and for any speech
DELAWARE.
143
or debate in either House, they shall not be questioned in any
other place.
SECT. XII. No senator nor representative shall, during the
time for which he shall have been elected, be appointed to any
civil office under this state, which shall have been created, or
the emoluments of which shall have been increased during such
time. No person concerned in any army or navy contract, no
member of Congress, nor any person holding any office under
this state, or the United States, except the attorney general,
officers usually appointed by the courts of justice respectively,
attorneys at law, and officers in the militia, holding no disqua-
lifying office, shall during his continuance in Congress or in
office, be a senator or representative.
SECT. XIII. When vacancies happen in either House, writs
of election shall be issued by the speakers respectively, or in
cases of necessity, in such other manner as shall be provided
for by law; and the persons thereupon chosen shall hold their
seats as long as those in whose stead they are elected might
have done, if such vacancies had not happened.
SECT. XIV. All bills for raising revenue shall originate in the
House of Representatives; but the Senate may propose altera-
tions as on other bills; and no bill, from the operation of which,
when passed into a law, revenue may incidentally arise, shall
be accounted a bill for raising revenue; nor shall any matter or
clause whatever, not immediately relating to and necessary for
raising revenue, be in any manner blended with, or annexed to,
a bill for raising revenue.
SECT, XV. No money shall be drawn from the treasury, but
in consequence of appropriations made by law; and a regular
statement and account of the receipts and expenditures of all
public money shall be published annually.
ARTICLE III.
SECT. 1. The supreme executive powers of this state shall
be vested in a governor.
SECT. II. The governor shall be chosen on the first Tuesday
of October, by the citizens of the state having a right to vote
for representatives, in the counties where they respectively re-
side, at the places where they shail vote for representatives.
The returns of every election for governor shall be sealed
up, and immediately delivered by the returning officers of the
several countics to the speaker of the Senate, or in case of his
death, to the speaker of the House of Representatives, who shall
keep the same until a speaker of the senate shall be appointed,
to whom they shall be immediately delivered after his appoint-
144.
THE FREEMAN'S GUIDE.
ment, who shall open and publish the same in the presence of
the members of both Houses of the Legislature. Duplicates of
the said returns shall also be immediately lodged with the pro-
thonotary of each county. The person having the highest num-
ber of votes shall be governor. But, if two or more shall be
equal in the highest number of votes, the members of the two
Houses shall, by joint ballot, choose one of them to be govern-
or; and if upon such ballot, two or more more of them shall
still be equal and highest in votes, the speaker of the Senate
shall have an additional casting vote.
Contested elections of a governor shall be determined by a
joint committee, consisting of one third of all the members of
each branch of the Legislature, to be selected by ballot of the
Houses respectively: Every person of the committee shall take
an oath or affirmation, that in determining the said election, he
will faithfully discharge the trust reposed in him; and the com-
mittee shall always sit with open doors.
SECT. III. The governor shall hold his office during three
years from the third Tuesday of January next ensuing his elec-
tion; and shall not be capable of holding it longer than three
in any term of six years.
SECT. IV. He shall be at least thirty years of age, and have
been a citizen and inhabitant of the United States twelve years´
next before the first meeting of the Legislature after his elec-
tion, and the last six of that term an inhabitant of this state, un--
less he shall have been absent on the public business of the
the United States or of this state.
SECT. v. No member of congress, nor person holding any
office under the United States or this state, shall exercise the
office of governor.
SECT. VI. The governor shall at stated times receive for his
services an adequate salary, to be fixed by law, which shall be
neither increased nor diminished during the period for which
he shall have been elected.
SECT. VII. He shall be commander in chief of the army and
navy of this state, and of the militia except when they shall
be called into the service of the United States.
SECT. VII. He shall appoint all officers whose offices are
established by this constitution, or shall be established by law,
and whose appointments are not herein otherwise provided for;
but no person shall be appointed to an office within a county,
who shall not have a right to vote for representatives, and have
been an inhabitant therein one year next before his appoint-
ment, nor hold the office longer than he continues to reside in
the county. No member of congress, nor any person holding
.
DELAWARE.
145
1.
r exercising any office under the United States, shall at the
same time hold or exercise the office of judge, treasurer, attor-
ney general, secretary, clerk of the supreme court, prothono-
tary, register for the probate of wills and granting letters of ad-
ministration, recorder, sheriff, or any office under this state
with a salary by law annexed to it, or any other office which
the Legislature shall declare incompatible with offices or ap-
pointments under the United States. No person shall hold
more than one of the following offices at the same time, to wits
treasurer, attorney general, clerk of the supreme court, pro-
thonotary, register or sheriff. All commissions shall be in the
name of the state, shall be sealed with the great seal, and be
signed and tested by the governor.
SECT. IX. He shall have power to remit fines and forfeitures,
and to grant reprieves and pardons, except in cases of impeach-
ment.
SECT. X. He may require information in writing from the
officers in the executive department, upon any subject relating
to the duties of their respective offices.
SECT. XI. He shall, from time to time, give to the General
Assembly information of affairs concerning the state; and re-
commend to their consideration such measures as he shall
judge expedient.
SECT. XII. He may, on extraordinary occasions, convene the
General Assembly; and in case of disagreement between the.
two Houses, with respect to the time of adjournment, adjourn
them to such time as he shall think proper, not exceeding
three months.
SECT. XIII. He shall take care that the laws be faithfully ex
ecuted.
SECT. XIV. On the death or resignation of the governor, or
his removal from office on impeachment, or for inability, the
speaker of the Senate at that time shall exercise the office of
governor, until a new governor shall be duly qualified; and on
the death or resignation of the speaker of the Senate, the speak-
er of the House of Representatives at that time, shall exercise
the office, until it be regularly vested in a new governor. If the
trial of a contested election shall continue longer than until the
third Tuesday of January next ensuing, the election of a go-
vernor, the governor of the last year, or the speaker of the Se-
nate, or of the House of Representatives, who may then be in
the exercise of the executive authority, shall continue therein
until a determination of such contested election. The governor
shall not be removed from his office for inability, but with the
N
146
THE FREEMAN'S GUIDE..
concurrence of two thirds of all the members of each branch
of the Legislature.
SECT. XV. A secretary shall be appointed and commissioned
during the governor's continuance in office, if he shall so long
behave himself well. He shall keep a fair register of all the of
ficial acts and proceedings of the governor; and shall, when
required by either branch of the Legislature, lay the same, and
all papers, minutes and vouchers, relative thereto, before them;
and shall perform such other duties as shall be enjoined him by
law. He shall have a compensation for his services, to be fixed
by law.
ARTICLE IV.
SECT. 1. All elections of governor, senators and representa-
tives, shall be by ballot; and in such elections every white free-
man of the age of twenty-one years, having resided in the state
two years next before the election, and within that time paid a
state or county tax, which shall have been assessed at least six
months before the election, shall enjoy the right of an elector;
and the sons of persons so qualified, shall, between the ages of
twenty-one and twenty two years, be entitled to vote, although
they shall not have paid taxes.
SECT. II. Electors shall in all cases, except treason, felony
or breach of the peace, be privileged from arrest during their
attendance at elections,and in going to and returning from them.
ARTICLE V.
SECT. 1, The House of Representatives shall have the sole
power of impeaching; but two thirds of all the members must
concur in an impeachment. All impeachments shall be tried
by the Senate, and when sitting for that purpose, the senators
shall be upon oath or affirmation to do justice according to the
evidence. No person shall be convicted without the concur
rence of two thirds of all the senators.
SECT. II. The governor, and all other civil officers under ·
this state, shall be liable to impeachment for treasun, bribery or
any high crime or misdemeanor in office. Judgment in such
cases shall not extend further than to removal from office, and
disqualification to hold any office of honor, trust or profit under
this state; but the party convicted shall nevertheless be subject
to indictment, trial, judgment and punishment according to
law.
SECT. III. Treason against this state shall consist only in le-
vying war against it, or in adhering to the enemies of the go-
vernment, giving them aid and comfort. No person shall be
convicted of treason, unless on the testimony of two witnesses
to the same overt act, or on confession in open court.
DELAWARE.
147
ARTICLE VI.
SECT. 1. The judicial power of this state shall be vested in a
court of chancery, a supreme court, and courts of oyer and
terminer and general jail delivery, in a court of common pleas,
and in an orphans' court, register's court, and a court of quars
ter sessions of the peace for each county, in justices of the
peace, and in such other courts as the Legislature, two thirds
of all the members of each branch concurring, may from time
to time establish.
SECT. 11. The chancellor, and the judges of the supreme
court and of the court of common pleas, shall hold their offices
during good behavior; but for any reasonable cause, which
shall not be a sufficient ground for an impeachment, the go-
vernor may in his discretion remove any of them, on the ad-
dress of two thirds of all the members of each branch of the
Legislature. They shall at stated times receive for their services
adequate salaries, to be fixed by law, which shall not be dimin
ished during their continuance in office, and shall be payable
quarterly to their respective orders upon the treasurer, out of
any moneys in the treasury; but they shall hold no other office
of profit, nor receive any fees or perquisites, except such fees
as shall be fixed by law for business to be done out of court.
SECT. III. The judges of the supreme court shall be not fewe
er than three, nor more than four, one of whom shall be chief
justice. There shall be a judge residing in each county. The
jurisdiction of this court shall extend over this state. The
judges shall, by virtue of their offices, be justices of oyer and
terminer and genéral jail delivery in the several counties. Any
two of the judges may act as if all were present.
SECT. IV. The judges of the court of common pleas shall be
not fewer than three, nor more than four, one of whom shall be
chief justice. There shall be a judge residing in each county.
The jurisdiction of this court shall extend over the state. Any
two of the judges may act as if all were present.
1
SECT. V. The chancellor or any judge of the suprem
court or of the court of common pleas, shall issue the writ of
habeas corpus in vacation time and out of term, when duly ap
plied for, which shall be immediately obeyed.
SECT. VI. Any judge of the supreme court or the court of
common pleas may, unless the Legislature shall otherwise
provide by law, out of court, take the acknowledgement of
deeds; and the same being thereon certified, under his hand,
such deeds shall be recorded and have the same effect as if ac-
knowledged in open court.
SECT. VII. In civil causes when pending, the supreme court
and court of common pleas shall have the power, before judg
148
THE FREEMAN'S GUIDE.
ment, of directing upon such terms as they shall deem reason-
able, amendments in pleadings and legal proceedings, so that
by error in any of them, the determination of causes, according
to their real merits, shall not be hindered; and also of directing
the examination of witnesses that are aged, very infirm, or go-
ing out of the state, upon interrogatories de bene esse, to be read
in evidence, in case of the death or departure of the witnesses
before the trial, or inability by reason of age, sickness, bodily
infirmity or imprisonment, then to attend; and also the power
of obtaining evidence from places not within the state.
SECT. VIII. Suits may originate in the supreme court or
court of common pleas.
.
SECT. XI. One judge of the supreme court or of the court of
common pleas may, if the other judges come not, open and ad-
journ the court, and may also make the necessary rules pre-
paratory respectively to the trial or argument of causes.
SECT. X. At any time pending an action for debt, or dama-
ges, the defendant may bring into court a sum of money for
discharging the same, and the costs then accrued, and the
plaintiff not accepting thereof, it shall be delivered for his use,
to the clerk or prothonotary of the court; and if upon the final
decision of the cause, the plaintiff shall not recover a greater
sum than that so paid into court for him, he shall not recover
any costs accruing after such payment, except where the plain-
tiff is an executor or administrator.
SECT. XI. By the death of any party, no suit in chancery or
at law, where the cause of action survives, shall abate; but, un-
til the Legislature shall otherwise provide, suggestion of such
death being entered on record, the executor or administrator of
a deceased petitioner or plaintiff may prosecute the said suit;
and if a respondent or defendant dies, the executor or adminis-
trator being duly served with a scire facias, thirty days before
the return thereof, shall be considered as a party to the suit, in
the same manner as if he had voluntarily made himself a party;
and in any of those cases, the court shall pass a decree, or ren-
der judgment, for or against executors or administrators, as to
right appertains. But where an executor or administrator of a
deceased respondent or defendant becomes a party, the court,
upon motion, shall grant such a continuance of the cause as to
the judges shall appear proper.
SECT. XII. Whenever a person, not being an executor or
administrator, appeals from a decree of the chancellor or ap-
plies for a writ of error, such appeal or writ shall be no stay of
proceeding in the chancery, or the court to which the writ is-
sues, unless the appellant or plaintiff in error shall give suffi-
DELAWARE.
149
cient security, to be approved respectively by the chancellor,
or by a judge of the court from which the writ issues, that the
appellant or plaintiff in error shall prosecute respectively his
appeal or writ to effect, and pay the condemnation money and
all costs, or otherwise abide the decree in appeal or the judg
ment in error, if he fail to make his plea good.
SECT. XIII. No writ of error shall be brought upon any judg
ment heretofore confessed, entered or rendered, but within five
years from this time; nor upon any judgment hereafter to be
confessed, entered or rendered, but within five years after the
confessing, entering, or rendering thereof, unless the person
entitled to such writ be an infant, feme covert, non compos men
tis, or a prisoner, and then within five years exclusive of the
time of such disability.
SECT. XIV. The equity jurisdiction heretofore exercised by
the judges of the courts of common pleas, shall be separated
from the common law jurisdiction, and vested in a chancellor,
who shall hold courts of chancery in the several counties of this
state. In cases of equity jurisdiction, where the chancellor is
interested, the cognizance thereof shall belong to the court of
common pleas, with an appeal to the high court of errors and
appeals.
*
SECT. xv. The judges of the court of common pleas, or any
two of them, shall compose the orphans' court of each county,
and may exercise the equity jurisdiction heretofore exercised
by the orphan's courts, except as to the adjusting and settling
executors', administrators' and guardians' accounts; in which
cases they shall have an appellate jurisdiction from the sen-
tence or decree of the register. This court may issue process
throughout the state, to compel the attendance of witnesses.
Appeals may be made from the orphans' court, in cases where
that court has original jurisdiction, to the supreme court, whose
decision shall be final.
SECT. XVI. An executor, administrator, or guardian, shall
file every account with the register for the county, who shall,
as soon as conveniently may be, carefully examine the particu-
lars with the proofs thereof, in the presence of such executor, -
administrator or guardian, and shall adjust and settle the same,
according to the very right of the matter, and the law of the
land; which account so settled, shall remain in his office for
inspection; and the executor, administrator, or guardian, shall
within three months after such settlement, give due notice in
writing to all persons entitled to shares of the estate, or to their
guardians respectively, if residing within the state, that the ac-
count is lodged in the said office for inspection; and the judges
:
2 N
150
THE FREEMAN'S GUIDE.
of the orphans' court shall hear the exceptions of any persons
concerned, if any be made, and thereupon allow no demand
whatever against the estate of the deceased, unless upon con-
sideration of all circumstances, they shall be fully convinced
that the same is therewith justly chargeable.
SECT. XVII. The registers of the several counties shall re-
spectively hold the register's court in each county. Upon the
litigation of a cause, the dispositions of the witnesses examined,
shall be taken at large in writing, and make part of the pro-
ceedings in the cause. This court may issue process through-
out the state, to compel the attendance of witnesses. Appeals
may be made from a register's court to the supreme court,
whose decisions shall be final. In cases where a register is in-
terested in questions concerning the probate of wills, the grant-
ing letters of administration, or executors', administrators', or
guardians' accounts, the cognizance thereof shall belong to the
orphans' court, with an appeal to the supreme court, whosE
decision shall be final.
SECT. XVIII. The prothonotaries of the court of common
pleas may issue process as heretofore, take recognizances of
bail, and sign confessions of judgment; and the clerks of the
supreme court shall have the like powers. No judgment, in
the supreme court or court of common pleas, held for one
county, shall bind lands or tenements in another, until a testa-
tum fieri facias being issued, shall be entered of record in the
office of the prothonotary of the county wherein the lands of
tenements are situated.
SECT. XIX. The judges of the court of common pleas shall,
by virtue of their cifices, compose the courts of general quar-
ter sessions of the peace and jail delivery within the several
counties. Any two of the said judges shall be a quorum.
SECT. XX. The governor shall appoint a competent number
of persons to the office of justice of the peace, not exceeding
twelve in each county, until two thirds of both Houses of the
Legislature shall by law direct an addition to the number, who
shall be commissioned for seven years, if so long they shall
behave themselves well; but may be removed by the governor
within that time on conviction of misbehavior in office, or on
the address of both Houses of the Legislature.
SECT. XXI. The style in all process and public acts shall be,
the State of Delaware. Prosecutions shall be carried on in the
name of the state, and shall conclude against the peace and dig-
mity of the state.
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DELAWARE.
151
ARTICLE VII.
SECT. I. THERE shall be a court, styled the high court of
errors and appeals, which shall consist of the chancellor and
of the judges of the supreme court and court of common pleas.
Any four of the judges of this court may proceed on business;
but any smaller number may open and adjourn the court. If
any of them has rendered judgment or passed a decree in any
cause before removal, he shall not sit judicially upon the hearing
of the same in this court, but may assign the reasons upon which
such judgment was rendered, or such decree passed. The chan-
cellor shall preside, except when he cannot sit judicially; and
in such cases, or in his absence, the chief justice of the supreme
court; but if he is so disqualified or absent, then the chief justice
of the court of common pleas shall preside; and if he is so dis-
qualified or absent, then the next eldest judge according to
priority in date of commissions, if present, and not disqualified
as aforesaid, shall preside. This court shall have power to is-
sue writs of error to the supreme court, and to the court of
common pleas, and to receive and determine appeals from in-
terlocutory or final orders or decrees of the chancellor. Errors
shall be assigned, and causes of appeal exhibited in writing
speedily, and citations duly served on adverse parties.
SECT. II. Upon the reversal of a judgment of the supreme
court, or of a court of common pleas, or a decree of the chan-
cellor, this court shall respectively render such judgment, or
pass such decree, as the supreme court, or the court of come
mon pleas, or the chancellor ought to have rendered or passed,
except where the reversal is in favor of the plaintiff or peti-
tioner, in the original suit, and the damages to be assessed, or
the matters to be decreed, are uncertain: in any of which
cases, the cause shall be remanded, in order to a final decision.
SECT. III. The judges of this court may issue all process
proper for bringing records fully before them, and for carry
ing their determinations into execution.
ARTICLE VIII.
SECT. 1. The members of the Senate and House of Repre
sentatives, the chancellor, the judges of the supreme court,
and the court of common pleas, and the attorney general, shall
by virtue of their offices, be conservators of the peace through
out the state; and the treasurer, secretary, clerks of the su
preme court, prothonotaries, registers, recorders, sheriffs, and
coroners, shall, by virtue of their offices, be conservators there->
of, within the counties respectively in which they reside.
SECT. II. The representative, and when there shall be more
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:
than one, the representatives of the people of this state in con-
gress, shall be voted for at the same places where representa-
tives in the state Legislature are voted for, and in the same
manner.
SECT. III. The state treasurer shall be appointed annually
by the House of Representatives with the concurrence of the
Senate. No person who hath served in the office of state trea-
surer, shall be eligible to a seat in either House of the Legisla
ture, until he shall have made a final settlement of his accounts
as treasurer, and discharged the balance, if any thereon due.
SECT. IV. Two persons for the office of sheriff and two for
the office of coroner, shall be chosen by the citizens residing in
in each county, and having right to vote for representatives, at
the time and places of election of representatives, one of
whom for each office respectively, shall be appointed by the go-
vernor. They shall hold their offices for three years, if so long.
they shall behave themselves well, and until successors be duly
qualified; but no person shall be twice appointed sheriff, upon
election by the citizens, in any term of six years. The governor
shall fill vacancies in thèse offices by new appointments to con-
tinue unto the next general election, and until successors shall be
chosen and duly qualified. The Legislature, two thirds of each
branch concurring, may when it shall be judged expedient, vest
the appointment of sheriffs and coroners in the governor; but
no person shall be twice appointed sheriff in any term of six
years.
SECT. v. The attorney general, clerks of the supreme court,
prothonatories, registers, clerks. of the orphans' court and of
the peace, shall respectively be commissioned for five years, if
so long they shall behave themselves well; but may be removed
by the governor within that time, on conviction of misbehavior
in office, or on the address of both Houses of the Legislature.
Prothonatories, clerks of the supreme court, of the orphans
courts, registers, recorders and sheriffs, shall keep their offices
in the town or place in each county, in which the supreme court
and the court of common pleas are usually held..
a
9
SECT. VI. Attorneys at law, all inferior officers in the treasury
department, election officers, officers relating to taxes, to the
poor, and to highways, constables and hundred officers, shall
be appointed in such manner as is or may be directed by law..
SECT. VII. All salaries and fees annexed to offices shall be
moderate; and no officer shall receive any fees whatever, with-
out giving to the person who pays, a receipt for them, if re-
quired, therein specifying every particular and the charge.
for it.
:
DELAWARE.
153.
SECT. VIII. No costs shall be paid by a person accused on a
bill being returned ignoramus; nor on acquital by a jury, un-
less a majority of the judges present at the trial certify, that
there was probable cause for the prosecution.
SECT. IX. The rights, privileges, immunities and estates of
religious societies and corporate bodies, shall remain as if the
Constitution of this state had not been altered. No clergyman
or preacher of the gospel, of any denomination, shall be capable
of holding any civil office in this state, or of being a member
either branch of the Legislature, while he continues in the ex-
ercise of the pastoral or clerical functions.
SECT. X. All the laws of this state, existing at the time of
making this Constitution, and not inconsistent with it, shall re-
main in force; unless they shall be altered by future laws; and
all actions and prosecutions now pending, shail proceed as if
this Constitution had not been made.
SECT. XI. This Constitution shall be prefixed to every edition
of the laws made by direction of the Legislature.
SECT. XII. The Legislature shall, as soon as conveniently
may be, provide by law, for ascertaining what statutes, and parts
of statutes, shall continue to be in force within this state; for
reducing them, and all acts of the General Assembly, into such
order, and publishing them in such manner, that thereby the
knowledge of them may be generally diffused; for choosing in
spectors, and judges of elections, and regulating the same in
such manner, as shall most effectually guard the rights of the
citizens entitled to vote; for better securing personal liberty,
and easily and speedily redressing all wrongful restraints there
of; for more certainly obtaining returns of impartial juries; for
dividing lands and tenements in sales by sheriffs, where they
will bear a division, into as many parcels as may be, without
spoiling the whole, and for advertising and making the sales
in such manner, and at such times and places, as may render
them most beneficial to all persons concerned; and for estab,
lishing schools, and promoting arts and sciences.
ARTICLE IX.
MEMBERS of the General Assembly, and all officers, execu
tive and judicial, shall be bound by oath or affirmation, to sup-
port the Constitution of this state, and to perform the duties of
their respective offices with fidelity.
ARTICLE X.
The General Assembly, whenever two thirds of each house
shall deem it necessary, may, with the approbation of the gov-
ernor, propose amendments to this constitution, and at least
1
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THE FREEMAN'S GUIDE.
three, and not more than six months before the next general
election of representatives, duly publish them in print for the
consideration of the people; and if three-fourths of each branch
of the Legislature shall, after such an election, and before
another, ratify the said amendments, they shall be valid to all
intents and purposes, as parts of this Constitution. No convention.
shall be called but by the authority of the people; and an unex-
ceptionable mode of making their sense known, will be for them
at a general election of representatives, to vote also by ballot for
or against a convention, as they shall severally choose to do; and
if thereupon it shall appear, that a majority of all the citizens in
the state, having a right to vote for representatives, have voted
for a convention, the General Assembly shall accordingly at
their next sessions call a convention, to consist of at least as
many members as there are in both houses of the Legislature, to
be chosen in the same manner, at the same places, and at the
same time that representatives are, by the citizens entitled to
vote for representatives, on due notice given for one month, and
to meet within three months after they shall be elected.
SCHEDULE.
THAT no inconveniencies may arise from the alterations of
the Constitution of this state, and in order to carry the same in-
to complete operation, it is hereby declared and ordained:
I. That the president, or in case of his death, inability, or
absence from the state, the speaker of the Legislative Council
at that same time, and in case of his death, inability, or absence
from the state, the speaker of the House of Assembly at that time,
shall respectively, with the Privy Council, exercise the execu-
tive authority of this state until the third Tuesday in January
next. If the death, inability, or absence of the president, shall
happen after the first Tuesday of next October, and before the
first Tuesday in next January, then the executive authority
shall devolve upon the person who was speaker of the Council
at the next preceding session of the General Assembly; and in
case of his death, inability, or absence, upon the person who
was speaker of the House of Assembly at the said next preced-
ing session.
II. That all persons holding offices, to which, under this Con-
stitution, appointments are to be made by the governor, shall
continue in the exercise of the duties of their respective offices
until the first Tuesday in October, one thousand seven hundred
and ninety-three, unless their commissions shall sooner expire
by their own limitations, or the said offices shall become vacant
by death or resignation, and no longer, unless re-appointed and
commissioned by the governor.
MARYLAND.
155
III. That justice shall be administered in the several coun-
ties of this state, until the period last mentioned, by the same
justices, in the same courts and in the manner as heretofore.
IV. That the sheriff's elected at October next shall hold their
respective commissions two years, and no longer, from that
time, or until new sheriffs are elected and appointed; and such
persons shall not be again eligible until the expiration of three
years after their commissions cease.
V. That the elections of governor, senators, and representa-
tives, shall be conducted by the same persons, and in the same
manner as is prescribed by the election laws of this state, con-
cerning the election of members of the Council and of the House
of Assembly; and the returns thereof shall be made respec-
tively to the person exercising the executive authority, to the
Senate, and to the House of Representatives.
VI. The first meeting of the Legislature under this Consti- -
tution shall be at the town of Dover.
Done in convention, the twelfth day of June, in the year of
our Lord one thousand seven hundred and ninety-two, and
of the independence of the United States of America, the
sixteenth. In testimony whereof, we have kereunto sub-
scribed our names.
THOMAS MONTGOMERY, Pres.
John, Dickinson, Robert Armstrong, Edward Roche, Wil-
liam Johnston, Robert Haughey, George Monto, Robert Co-
ram, James Morris, Richard Bassett, Benjamin Dill, Henry
Molliston, Andrew Barratt, Isaac Cooper, George Mitchell,
Kensey Jolins, Nicholas Ridgely, John Clayton, Thomas
White, Manlove Emerson, John W. Batson, Rhoads Shank-
land, Isaac Beauchamp, Daniel Polk,
Attest,
JAMES BOOTH, Secretary,
MARYLAND,
A declaration of Rights, and the Constitution and form of gove
ernment, agreed to by the Delegates of Maryland, in free and
full Convention assembled.
DECLARATION OF RIGHTS.
THE Parliament of Great Britain, by a declatory act, having
assumed a right to make laws to bind the colonies in all cases
whatsoever; and, in pursuance of such claim, endeavoured, by
156
THE FREEMAN'S GUID E.
force of arms, to subjugate the united colonies to an uncon-
ditional submission to their will and power, and having at
length constrained them to declare themselves independent
states, and to assume government under the authority of the
people-Therefore, we, the delegates of Maryland, in free and
full convention assembled, taking into our most serious consid-
eration the best means of establishing a good Constitution in
this state, for the sure foundation and more permanent secu-
rity thereof, declare,
I. That all government, of right originates from the people,
is founded in compact only, and instituted solely for the good
of the whole.
II. That the people of this state ought to have the sole and
exclusive right of regulating the internal government and po-
lice thereof
III. That the inhabitants of Maryland are entitled to the com-
mon law of England, and the trial by jury, according to the
course of that law, and to the benefit of such of the English
statutes, as existed at the time of their first emigration, and
which by experience, have been found applicable to their lo-
cal and other circumstances, and of such others as have been
since made in England, or Great Britain, and have been intro-
duced, used, and practised, by the courts of law or equity, and
also to all acts of assembly; in force on the first of June, seven-
teen hundred and seventy-four, except such as may have since
expired, or may have been, or may be altered by acts of con-
vention, or this declaration of rights-subject, nevertheless to
the revision of, and amendment or repeal by the Legislature
of this state; and the inhabitants of Maryland are also entitled
to all property, derived to them from or under the charter
granted by his majesty Charles I.-to Cæcilius Calvert, baron of
Baltimore.
IV. That all persons invested with the legislative or exec-
utive powers of government, are the trustees of the public, and
as such accountable for their conduct; wherefore, whenever
the ends of government are perverted, and public liberty man-
ifestly endangered, and all other means of redress are ineffèc-
tual, the people may, and of right ought, to reform the old or
establish the new government. The doctrine of non-resistance
against arbitrary power and oppression, is absurd, slavish and
destructive of the good and happiness of mankind.
V. That the right in the people to participate in the Legisla-
ture, is the best security of liberty, and the foundation of
all free government; for this purpose, elections ought to be
free and frequent, and every man, having property in, a com-
MARYLAND.
157
mon interest with, and an attachment to the community, ought
to have a right of suffrage.
VI. That the legislative, executive and judicial powers of go-
vernment ought to be forever separate and distinct from each
other.
VII. That no power of suspending laws, or the execution
of laws, unless by, or derived from the Legislature, ought to be
exercised or allowed.
VIII. That freedom of speech and debates, or proceedings
in the Legislature, ought not to be impeached in any other court
of judicature.
IX. That a place for the meeting of the Legislature, ought
to be fixed, the most convenient to the members thereof, and
to the depository of public records; and the Legislature ought
not to be convened or held at any other place, but from evident
necessity.
X. That for redress of grievances, and for amending, strength-
ening and preserving the laws, the Legislature ought to be fre-
quently convened.
XI. That every man hath a right to petition the Legislature,
for the redress of grievences, in a peaceable and orderly man-
ner.
XII. That no aid, charge, tax, fee, or fees, ought to be set,
rated, or lavied, under any pretence, without consent of the
Legislature.
XIII. That the levying taxes by the poll is grievious and
oppressive, and ought to be abolished; that paupers ought not
to be assessed for the support of government; but every other
person in the state ought to contribute his portion of public
taxes, for the support of government, according to his actual
worth, in real or personal property, within the state; yet fines,
duties, or taxes, may properly and justly be imposed or laid,
with a political view, for the good government and benefit of
the community.
XIV. That sanguinary laws ought to be avoided, as far as
is consistent with the safety of the state; and no law, to inflict
cruel and unusual pains and penalties, ought to be made in any
case, or at any time hereafter.
XV. That retrospective laws, punishing facts committed be-
fore the existence of such laws, and by them only declared crim-
inal, are oppressive, unjust, and incompatible with liberty;
wherefore no ex post facto law ought to be made.
XVI. That no law, to attaint particular persons of treason
or felony, ought to be made in any case, or any time hereafter.
XVII. That every freeman, for any injury done him in his
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THE FREEMAN'S GUIDE.
person or property, ought to have remedy, by the course of the
law of the land, and ought to have justice and right, freely
without sale, fully without any denial, and speedily without de-
lay, according to the law of the land.
XVIII. That the trial of facts, where they arise, is one of the
greatest securities of the lives, liberties and estates of the peo-
ple.
XIX. That, in all criminal prosecutions, every man hath a
right to be informed of the accusation against him; to have a
copy of the indictment or charge in due time, (if required) to
prepare for his defence; to be allowed counsel; to be confront-
ed with the witnesses against him; to have process for his wit-
nesses; to examine the witnesses, for and against him, on oath;
and to a speedy trial by an impartial jury, without whose unani-
mous consent, he ought not to be found guilty.
XX. That no man ought to be compelled to give evidence
against himself, in a common court of law, or in any other
court, but in such cases as have been usually practised in this
state, or may hereafter be directed by the Legislature.
XXI. That no freeman ought to be taken, or imprisoned, or
disseised of his freehold, liberties or privileges, or outlawed or
exiled, or in any manner destroyed or deprived of his life, li-
berty or property, but by the judgment of his peers, or by the
law of the land.
XXII. That excessive bail ought not be required, nor ex-
cessive fines imposed, nor cruel or unusual punishments in-
flicted by the courts of law.
XXIII. That all warrants, without oath or affirmation, to
search suspected places, or to seize any person or property,
are grievous and oppressive; and all general warrants, to
search suspected places, or to apprehend suspected persons,
without naming or describing the place, or the person in spe-
ciál, are illegal and ought not to be granted.
XXIV. That there ought to be no forfeiture of any part of
the estate of any person, for any crime except murder, or trea-
son against the state, and then only on conviction and attainder,
XXV. That a well regulated militia is the proper and natu-
ral defence of a free government.
XXVI. That standing armies are dangerous to liberty, and
and ought not to be raised or kept up, without consent of the
Legislature.
XXVII. That in all cases, and at all times, the military ought
to be under strict subordination to, and control of the civil
power
MARYLAND.
159
XXVIII. That no soldier ought to be quartered in any
house in time of peace, without the consent of the owner; and
in time of war, in such manner only, as the Legislature shall
direct.
XXIX. That no person, except regular soldies, mariners,
and marines in the service of this state, or militia when in actual
service, ought in any case to be subject to, or punishable by
martial law.
XXX. That the independency and uprightness of judges
are essential to the impartial administration of justice, and a
great security to the rights and liberties ef the people; where-
fore the chancellor and judges ought to hold commissions
during good behavior; and the said chancellor and judges
shall be removed for misbehavior, on conviction in a court of
law, and may be removed by the governor, upon the address of
the General Assembly: Provided, That two thirds of all the
members of each house concur in such address. That salaries,
liberal, but not profuse, ought to be secured to the chancellor
and the judges during the continuance of their commissions, in
such manner, and at such times, as the Legislature shall here-
after direct, upon consideration of the circumstances of this state.
No chancellor or judge ought to hold any other office, civil
or military, or receive fees or perquisites of any kind.
XXXI. That a long continuance, in the first executive de-
partments of power or trust, is dangerous to liberty: a rotation,
therefore, in those departments, is one of the best securities of
permanent freedom.
XXXII. That no person ought to hold, at the same time,
more than one office of profit, nor ought any person, in public
trust, to receive any present from any foreign prince or state,
or from the United States, or any of them, without the appro-
bation of this state.
XXXIII. That as it is the duty of every man to worship
God in such manner, as he thinks most acceptable to him, all
persons, professing the christian religion, are equally entitled.
to protection in their religious liberty; wherefore no person
ought by any law, to be molested in his person or estate, on ac-
count of his religious persuasion or profession, or for his reli-
gious practice; unless, under color of religion, any man shall
disturb the the good order, peace, or safety of the state, or shall
infringe the laws of morality, or injure others in their natural,
civil or religious rights: nor ought any person to be compelled
to frequent, or maintain, or contribute, unless on contract, to
maintain any particular place of worship, or any particular
ministry; yet the Legislature may, in their discretion, lay a
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67
general and equal tax, for the support of the christian religion;
leaving to each individual the power of appointing the payment
over of the money, collected from him, to the support of any
particular place of worship or minister, or for the benefit of the
poor of his own denomination, or the poor in general of any
particular county: but the churches, chapels, glebes, and all
other property, now belonging to the church of England, ought
to remain to the church of England forever. And all acts of
Assembly, lately passed, for collecting moneys for building or
reparing particular churches or chapels of ease, shall continue
in force, and be executed, unless the Legislature shall, by act,
supersede or repeal the same: but no county court shall assess
any quantiry of tobacco, or sum of money, hereafter, on the ap-
plication, of any vestry men or church wardens; and every in-
cumbent of the church of England, who hath remained in the
parish, and performed this duty, shall be entitled to receive the
provision and support established by the act entitled, " An act
for the support of the clergy of the church of England, in this
province," till the November court of this present year, to be
held for the county in which his parish shall lie, or partly lie,
or for such time as he hath remained in his parish, and per-
formed his duty.
Of
XXXIV. That every gift, sale or devise of lands, to any min-
ister, public teacher or preacher, of the gospel, as such, or to
any religious sect, order or denomination; or to, or for the sup-
port, use, or benefit of, or in trust for, any minister, public
teacher, or preacher of the gospel, as such, or any religious
sect, order, or denomination-and every gift or sale of goods,
chattels, to go in succession, or to take place after the death
of the seller or donor, or to, or for such support, use or benefit.
and also every devise of goods or chattels to, or for the support,
use, or benefit of any minister, public teacher, or preacher of
the gospel, as such, or any religious séct, order or denomina-
tion, without the leave of the Legislature, shall be void; except
always any sale, gift, lease, or devise of any quantity of land
not excceding two acres, for a church, meeting, or other house
of worship, and for a burying ground, which shall be improved,
enjoyed, or used only for such purpose, or such sale, gift, lease,
or devise, shall be void.
XXXV. That no other test or qualification ought to be re-
quired, on admission to any office of trust or profit, than such
oath of support and fidelity to this state, and such oath of of-
fice, as shall be directed by this convention, or the Legisla-
ture of this state, and a declaration of a belief in the christian
religion.
-
MARYLAND.
161
XXXVI. That the manner of administering an oath to any
person, ought to be such as those of the religious persuasion,
profession or denomination, of which such person is one, gene-
rally, esteem the most effectually confirmation by the attesta-
tion of the Divine Being. And that the people called quakers,
those called dunkers, and those called menonists, holding it un-
lawful to take an oath on any occasion, ought to be allowed to
make their solemn affirmation in the manner that quakers have
been heretofore allowed to affirm, and to be of the same avail
as an oath in all such cases as the affirmation of quakers hath
been allowed and accepted within this state, instead of an oath.
And further, on such affirmation, warrants to search for stolen
goods, or for the apprehension or commitment of offenders,
ought to be granted, or security for the peace awarded, and
quakers, dunkers, or menonists, ought also, on their solemn
affirmation as aforesaid, to be admitted as witnesses in all cri-
minal cases not capital.
XXXVII. That the city of Annapolis ought to have all its
rights, privileges and benefits, agreeable to its charter, and the
acts of Assembly confirming and regulating the same, subject
nevertheless to such alterations as may be made by this con-
vention or any future Legislature.
XXXVIII. That the liberty of the press ought to be inviola-
bly preserved.
XXXIX. That monopolies are odious, contrary to the spirit
of a free government, and the principles of commerce and
onght not to be suffered.
XL. That no title of nobility or hereditary honors ought to
be granted in this state.
XLI. That the subsisting resolves of this and the several
conventions held for this colony, ought to be in force as laws,
unless altered by this convention or the Legislature of this state.
XLII. That this declaration of rights, or the form of govern-
ment to be established by this convention, or any part or either
of them, ought not to be altered, changed or abolished by the
Legislature of this state, but in such manner as this convention
shall prescribe and direct.
This declaration of rights was assented to, and passed, in
convention of the delegates of the freemen of Maryland. begun
and held at Annapolis, the 14th day of August, A.D. 1776.
By order of the convention.
MAT. TILGHMAN, Pres.
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THE FREEMAN'S GUIDE.
THE CONSTITUTION OR FORM OF GOVERNMENT, &ex
I. THAT the Legislature consist of two distinct branches, a
Senate and House of Delegates, which shall be styled, The
General Assembly of Maryland.
II. That the House of Delegates shall be chosen in the fol-
lowing manner: All freemen, above twenty-one years of age,
having a freehold of fifty acres of land, in the county, in which
they offer to vote, and residing therein, and all freemen, having
property in this state, above the value of thirty pounds current
money, and having resided in the county, in which they offer
to vote, one whole year next preceding the election, shall bave
a right of suffrage, in the election of delegates for such coun-
ty: and all freemen so qualified, shall, on the first Monday of
October, seventeen hundred and seventy-seven, and on the
same day in every year thereafter, assemble in the counties, in
which they are respectively qualified to vote, at the court house
in the said counties; or at such other place as the Legisla-
ture shall direct; and when assembled, they shall proceed
to elect, viva voce, four delegates for their respective countics,
of the most wise, sensible, and discreet of the people, residents
in the county, where they are to be chosen, one whole year
next preceding the election, above twenty-one years of age,
and having, in the state, real or personal property, above the
value of five hundred pounds current money; and upon the
final casting of the polls, the four persons, who shall appear to
have the greatest number of legal votes shall be declared and
returned duly elected for their respective counties.
III. That the sheriff of each county, or in case of sickness,
his deputy, (summoning two justices of the county, who are
required to attend for the preservation of the peace) shall be
the judges of the election, and may adjourn from day to day, if
necessary, till the same be finished, so that the whole election
shall be concluded in four days; and shall make his return
thereof, under his hand, to the chancellor of this state for the
time being.
IV. That all persons, qualified by the charter of the city of
Annapolis, to vote for burgesses, shall on the same first Mon-
day of October, seventeen hundred and seventy-seven, and on
the same day in every year forever thereafter, elect, viva voce,
by a majority of votes, two delegates, qualified agreeable to the
said charter; that the mayor, recorder, and aldermen, of the
said city, or any three of them, be judges of the election, ap-
point the place in the said city for holding the same, and may
adjourn from day to day, as aforesaid, and shall make return
thereof as aforesaid: but the inhabitants of the said city shall
MARYLAND.
not be entitled to vote for delegates for Anne Arundel coy
unless they have a freehold of fifty acres of land in the county
distinct from the city.
V. That all persons, inhabitants of Baltimore town, and hay-
ing the same qualifications, as clectors, in the county, shall, on
the same first Monday in October, seventeen hundred and sc-
venty-seven, and on the same day in every year forever there-
after, at such place in the said town as the judges shall appoint,
elect, viva voce, by a majority of votes two delegates, qualified
as aforesaid: but if the said inhabitants of the town shail so de-
crease, as that a number of persons, having a right of suffrage
therein, shall have been, for the space of seven years succes-
sively, less than one half the number of voters in some one
county in this state, Such town shail thence forward cease to
send two delegates and representatives to the House of Dele-
gates, until the said town shall have one half of the number of
voters in some one county in this state.
VI. That the commissioners of the said town, or any three
or more of them, for the time being, shall be judges of the said
election, and may adjourn as aforesaid: and shall make return
thereof, as aforesaid: but the inhabitants of the said town shall
not be entitled to vote for, or be elected delegates for Baltimore
county, neither shall the inhabitants of Baltimore county, out of
the limits of Baltimore town, be entitled to vote for, or be
elected, delegates for the said town.
VII. That on refusal, death, disqualification, resignation, or
removal out of this state, of any delegate, or on his becoming
governor, or member of the council, a warrant of election shall
issue by the speaker, for the election of another in his place; of
which ten days notice, at least (excluding the day of notice, and
the day of election) shall be given.
VIII. That not less than a majority of the delegates, with
their speaker (to be chosen by them, by ballot) constitute a
House, for the transaction of any business, other than that of
adjourning.
IX. That the House of Delegates shall judge of the elcc-
tions and qualifications of delegates.
X. That the House of Delegates may originate all money
bills, propose bills to the Senate, or receive those offered by
that body; and assent, dissent or propose amendments, that
they may enquire, on the oath of witnesses, into all complaints,
grievances, and offences, as the grand inquest of this state, and
may commit any person, for any crime, to the public jail, their
to remain till lie be discharged by due course of law. They
may expel any member, for a great misdemeanor, but not a
1
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second time for the same cause. They may examine and pass
all accounts of the state, relating either to the collection or ex-
penditure of the revenue, or appoint auditors to state and adjust
the same. They may call for all public or official papers and
records, and send for persons whom they may judge necessary
in the course of their enquiries, concerning affairs relating to
the public interest; and may direct all office bonds (which
shall be made payable to the state) to be sued for any breach
of duty.
•
XI. That the Senate may be at full and perfect liberty to
exercise their judgment in passing laws, and that they may
not be compelled by the House of Delegates, either to reject
a money bill, which the emergency of affairs may require, or
to assent to some other act of legislation, in their conscience
and judgment, injurious to the public welfare, the House of
Delegates shall not, on any occasion, or under any pretence,
annex to, or blend with a money bill, any matter, clause, or
thing, not immediately relating to, and necessary for the im-
posing, assessing, levying, or applying the taxes or supplies to
be raised for the support of governinent, or the current ex-
penses of the state: and to prevent altercation about such bills,
it is declared, that no bill, imposing duties or customs for the
mere regulation of commerce, or inflicting fines for the refor-
mation of morals, or to enforce the execution of the laws, by
which an incidental revenue may arise, shall be accounted a
money bill, but every bill assessing, levying or applying taxes,
or supplies for the support of government, or the current ex-
penses of the state, or appropriating money in the treasury,
shall be deemed a money bill.
XII. That the House of Delegates may punish, by impri-
sonment, any person who shall be guilty of a contempt in their
view, by any disorderly or riotous behavior, or by threats to, or
abuse of their members, or by any obstruction to their proceed-
ings. They may also punish, by imprisonment any person, who
shall be guilty of a breach of privilege, by arresting on civil
process, or by assaulting any of their members, during their sit-
ting, or in their way to, or return from the House of Delegates,
or by any assault of or obstruction to their officers, in the exe-
cution of any order or process, or by assaulting or obstructing
any witness, or any other person, attending on, or on their way
to, or from the House, or by rescuing any person committed
by the House: and the Senate may exercise the same power
in similar cases.
XIII. That the treasurers (one for the western and another
for the eastern shore) and the commissioners of the loan office,
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may be appointed by the House of Delegates during their
pleasure; and in case of refusal, death, resignation, disqualifi-
cation or removal out of the state, of any of the said commis-
sioners or treasurers in the recess of the General Assembly,
the governor, with the advice of the council, may appoint and
commission a fit and proper person to such vacant office, to
hold the same until the meeting of the next General Assembly.
XIV. That the Senate be chosen in the following manner: all
persons, qualified as aforesaid to vote for county delegates, shall
on the first day of September, 1781, and on the same day in every
fifth year forever thereafter, elect, viva voce, by a majority of
votes, two persons for their respective counties, (qualified as
aforesaid, to be elected county delegates) to be electors of the
Senate; and the sheriff of each county, or in case of sickness,
his deputy, (summoning two justices of the county who are re-
quired to attend for the preservation of peace) shall hold and
be judge of the said election, and make return thereof as afore-
said. And all persons, qualified as aforesaid to vote for dele-
gates for the city of Annapolis and Baltimore town, shall on
same first Monday of September, 1781, and on the same day
in every fifth year forever thereafter, elect, viva voce, by a
majority of votes, one person for the said city and town respec-
tively, qualified as aforesaid, to be elected a delegate for the said
city and town respectively; the said election to be held in the
same manner, as the election of delegates for the city and town;
the right to select the said elector, with respect to Baltimore town
to continue as long as the right to elect delegates for the said town.
•
XV. That the said electors of the Senate meet at the city of
Annapolis, or such other place as shall be appointed for conven-
ing the Legislature, on the third Monday in September, 1781,
and on the same day in every fifth year forever thereafter, and
they or any twenty-four of them so met, shall proceed to elect,
by ballot, either out of their own body, or the people at large,
fifteen senators, (nine of whom to be residents on the western
and six to be residents on the eastern shore,) men of the most
wisdom, experience and virtue, above twenty-five years of age,
residents of the state above three whole years next preceding
the election, and having real and personal property, above the
value of one thousand pounds current money.
XVI. That the senators shall be balloted for, at one and the
same time, and out of the gentlemen residents of the western
shore, who shall be proposed as senators, the nine who shall, on
striking the ballots, appear to have the greatest numbers in their
favor, shall be accordingly declared and returned duly elected;
and out of the gentlemen, residents of the eastern shore, who
shall be proposed as senators, the six who shall, on striking the
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ballots, appear to have the greatest number in their favor, shall
be accordingly declared and returned duly elected; and if two or
more, on the same shore, shall have an equal number of bal-
lots, in their favor, by which the choice shall not be determined
on the first ballot, then the electors shall again ballot before
they separate, in which they shall be confined to the persons
who on the first ballot shall have had an equal number, and
they who shall have the greatest number in their favor on the
second ballot, shall be declared and returned duly elected; and
if the whole number should not thus be made up, because of an
equal number on the second ballot still being in favor of two or
more persons, then the election shall be determined by lot be-
tween those who have equal numbers; which proceedings of
the electors shall be certified under their hands, and returned
to the chancellor for the time being.
XVII. That the electors of senators shall judge of the
qualifications and elections of members of their body; and on a
contested election, shall admit to a seat, as an elector, such
qualified person as shall appear to them to have the greatest
number of legal votes in his favor.
XVIII. That the electors, immediately on their meeting, and
before they proceed to the election of senators, take such oath
of support and fidelity to this state, as this convention or the
Legislature shall direct, and also an oath "to elect without fa-
vor, affection, partiality or prejudice, such persons for senators,
as they in their judgment and conscience believe best qualified
for the office."
XIX. That in case of refusal, death, resignation, disqualifi
cation or removal out of this state of any senator, or on his be-
coming governor, or a member of the council, the Senate shall
immediately thereupon, or at their next meeting thereafter,
elect by ballot (in the same manner as the electors are above
directed to chuse senators) another person in his place, for the
residue of the said term of five years.
XX. That not less than a majority of the Senate, with their
president (to be chosen by them by ballot) shall constitute a
House for the transacting any business, other than that of ad-
journing.
XXI. That the Senate shall judge of the elections and quali
fications of senators.
XXII. That the Senate may originate any other, except mo-
ney bills, to which their assent or dissent only shall be given;
and may receive any other bills from the House of Delegates,
and assent, dissent, or propose amendments.
XXIII. That the General Assembly meet annually, on the
first Monday of November, and if necessary, oftener.
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XXIV. That each House shall appoint its own officers, and
settle its own rules of proceeding.
XXV. That a person of wisdom, experience and virtue, shall
be chosen governor, on the second Monday of November,seven-
teen hundred and seventy-seven, and on the second Monday in
every year forever thereafter, by the joint ballot of both Houses
(to be taken in each House respectively) deposited in a confe-
rence room; the boxes to be examined by a joint committee of ·
both Houses, and the numbers severally reported, that the ap-
pointment may be entered; which mode of taking the joint
ballot of both Houses, shall be adopted in all cases. But if two
or more shall have an equal number of ballots in their favor, by
which the choice shall not be determined on the first ballot,
then a second ballot shall be taken, which shall be confined to
the persons, who, on the first ballot, shall have had an equal
number; and if the ballots should again be cqual between two
or more persons, then the election of the governor shall be de-
termined by lot, between those who have equal numbers; and
if the person chosen governor shall die, resign, remove out of
the state, or refuse to act, the General Assembly sitting, the Se-
nate and Houseof Delegates shall, immediately thereupon, pro-
ceed to a new choice, in manner aforesaid.
XXVI. That the senators and delegates, on the second Tues-
day of November, seventeen hundred and seventy-seven, and
annually on the second Tuesday of November, forever there-
after, elect by joint ballot, in the same manner as senators are
directed to be chosen, five of the most sensible, discreet and ex-
perienced men, above twenty-five years of age, residents in the
state above three years next preceding the election, and having
therein a freehold of lands and tenements, above the value of one
thousand pounds current money, to be the council to the gover-
nor, whose proceedings shall be always entered on record, to any
part thereof any member may enter his dissent, and their ad-
vice, if so required by the governor, or any member of the council,
shall be given in writing, and signed by the members giving
the same respectively; which proceedings of the council shall
be laid before the Senate or House of Delegates, when called
for by them, or either of them. The council may appoint their
own clerk, who shall take such oath of support and fidelity to
this state, as this convention, or the Legislature, shall direct;
and of secrecy, in such matters as he shall be directed by the
board to keep secret.
XXVII. That the delegates to Congress, from this state, shall
be chosen annually, or superseded in the mean time, by the
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joint ballot of Houses of Assembly; and that there be a rota-
tion, in such manner that at least two of the number be annu-
ally changed; and no person shall be capable of being a dele-
gate to Congress for more than three in any term of six years;
and no person, who holds any office of profit in the gift of Con-
gress, shall be eligible to sit in Congress; but if appointed to
any such office, his seat shall be thereby vacated. That no per-
son, unless above twenty-one years of age, and a resident in the
state more than five years next preceding the election, and hav-
ing real and personal estate in this state, above the value of one
thousand pounds current money, shall be eligible to sit in
Congress.
XXVIII. That the senators and delegates, immediately on
their annual meeting, and before they proceed to any business,
and every person hereafter elected a senator or delegate before
he acts as such, shall take an oath of support, and fidelity to
this state as aforesaid; and before the election of a governor, or
members of the council, shall take an oath, "to elect without
favor, affection, partiality, or prejudice, such person as gov-
ernor, or member of the council, as they, in their judgment and
conscience believe best qualified for the office.”
XXIX. That the Senate and delegates may adjourn themselves
respectively; but if the two Houses should not agree on the same
time, but adjourn to different days, then shall the governor ap-
point and notify one of those days, or some day between; and
the Assembly shall then meet and held be accordingly; and he
shail if necessary, by advice of the council, call them before the
time to which they shall in any manner be adjourned, on giv-
ing not less than ten days notice thereof: but the governor
shall not adjourn the Assembly, otherwise than as aforesaid,
nor proroge or disolve it at any time.
XXX. That no person, unless above twenty-five years of
age; a resident in this state above five years next preceding
the election, and having in the state real and personal property,
above the value of five thousand pounds current money, (one
thousand pounds whereof, at least, to be freehold estate) shall
be eligible as governor.
XXXI. That the governor shall not continue in that office,
longer than three years successively, nor be eligible as' gover-
nor until the expiration of four years, after he shall have been
out of that office.
XXXII. That upon the death, resignation, or removal out of
this state, of the governor, the first named of the council, for
the time being shall act as governor, and qualify in the same
manner, and shall immediately call a meeting of the Genera
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169
Assembly, giving not less than fourteen days notice of the
meeting, at which meeting a governor shall be appointed, in
manner aforesaid, for the residue of the year.
XXXIII. That the governor, by and with the advice, and
consent of the council, may embody the militia; and when em-
bodied shall alone have the direction thereof; and shall also
have the direction of all the regular land and sea forces, under
the laws of this state, (but he shall not command in person, un-
less advised thereto by the council, and then only so long, as
they shall approve thereof;) and may alone exercise all other
the executive powers of government, where the concurrence
of the council is not required, according to the laws of this
state, and grant reprieves or pardons, for any crime, except in
such cases where the law shall otherwise direct: and may du-
ring the recess of the General Assembly, lay embargoes to pre-
vent the departure of any shipping or the exportation of any
commodities for any time not exceeding thirty days in any one
year, summoning the General Assembly to meet within the
time of the continuance of such embargo: and may also order
and compel any vessel to ride quarantine, if such vessel,or the port
from which she may have come, shall on strong grounds be sus-
pected to be infected with the plague, but the governor shall not
under any pretence, exercise any power or prerogative by vir-
tue of any law, statute, or custom of England or Great Britain.
XXXIV. That the members of the council, or any three or
more of them, when convened, shall constitute a board, for the
transacting of business; that the governor for the time being
shall preside in the council, and be entitled to a vote on all
questions in which the council shall be divided in opinion: and,
in the absence of the governor the first named of the council
shall preside; and, as such, shall also vote in all cases where
the other members disagree in their opinion.
XXXV. That, in case of refusal, death, resignation, disqual-
ification or removal out of the state, of any person chosen a
member of the council, the members thereof, immediately
thereupon, or at their next meeting thereafter shall elect by
ballot, another person, qualified as aforesaid in his place, for
the residue of the year.
XXXVI. That the council shall have power to make the
great seal of the state, which shall be kept by the chancellor,
for the time being, and affixed to all laws, commissions, grants,
and other public testimonials, as has been heretofore practised
in this state.
XXXVII. That no senator, delegate of Assembly or mem-
ber of the council, if he shall qualify as such, shall hold or ex-
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ecute any office of profit, or receive the profits of any office ex-
ercised by any other person, during the time for which he shall
be elected; nor shall any governor be capable of holding any
other office of profit in this state, while he acts as such. And no
person holding a place of profit, or receiving any part of the
profits thereof, or receiving the profits or any part of the profits
arising on any agency, for the supply of clothing or provisions
for the army or navy, or holding any office under the United
States or any of them-or a minister, or preacher of the gospel
of any denomination-or any person employed in the regular
land service or marine, of this or the United States shall
have a seat in the General Assembly, or the council of this state.
XXXVIII. That every governor, senator, delegate to Con-
gress, or Assembly, and member of the council, before he acts
as such, shall take an oath," that he will not receive, directly
or indirectly, at any time, any part of the profits of any office
held by any other person, during his acting in his office of gov-
ernor, senator, delegate to Congress or Assembly, or member
of the council or the profits, or any part of the profits, arising
on any agency, for the supply of clothing or provisions for the
army or navy.
XXXIX. That if any senator, delegate to Congress or As-
sembly, or member of the council, shall hold or execute any
office of profit, or receive directly or indirectly, at any time, the
profits or any part of the profits, of any office exercised by any
other person during his acting as senator, delegate to congress,
or assembly, or member of the council, his seat (on conviction
in a court of law, by the oath of two credible witnesses) shall
be void; and he shall suffer the punishment of wilful and cor-
rupt perjury, or be banished this state forever, or disqualified
forever from holding any office or place of trust or profit, as the
court may judge.
XL. That the chancellor, all judges, the attorney general,
clerks of the general court, the clerks of the county courts,
the registers of the land office, and the registers of wills, shall
hold their commissions during good behavior, removable only
for misbehavior, on conviction in a court of law.
XLI. That there be a register of wills appointed for each
county, who shall be commissioned by the governor, on the
joint recommendation of the Senate and House of Delegates; and
that upon the death, resignation, disqualification, or removal
out of the county, of any register of wills, in the recess of the
General Assembly, the governor with the advice of the council,
may appoint and commission, a fit and proper person to such
vacant office; to hold the same, until the meeting of the Gen-
aral Assembly.
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XLII. That sheriffs shall be elected in each county, by bal-
lot, every third year; that is to say, two persons for the office
of sheriff for each county, the one of whom having the majority
of votes, or if both have an equal number, either of them, at the
discretion of the governor, to be commissioned by the governor
for the said office; and having served for three years, such per-
son shall be ineligible for the four years next succeeding; bond
with security to be taken every year as usual, and no sheriff
shall be qualified to act, before the same is given. In case of
death, refusal, resignation, disqualification, or removal out of
the county, before the expiration of the three years, the other
person, chosen as aforesaid, shall be commissioned by the gov
ernor, to execute the said office, for the residue of the said three
years, the said person giving bond and security as aforesaid; and
in case of his death, refusal, resignation, disqualification, or remo-
val out of the county, before the expiration of the said three years,
the governor with the advice of the council, may nominate and
commission a fit and proper person, to execute the said office
for the residue of the said three years, the said person giving
bond and security as aforesaid. The election shall be held at
the same time and place appointed for the election of delegates;
and the justices there summoned to attend, for the preservation
of the peace shall be judges thereof, and of the qualification of
candidates, who shall appoint a clerk to take the ballots. All
freemen above the age of twenty-one years having a freehold
of fifty acres of land in the county, in which they offer to ballot,
and residing therein and all freemen above the age of twenty-
one years, and having property in the state above the value of
thirty pounds current money, and having resided in the county
in which they offer to ballot, one whole year next preceding
the election-shall have a right of suffrage. No person to be
eligible to the office of Sheriff for a county, but an inhabitant of
the said county, above the age of twenty one years, and having
real and personal property in the state, above the value of one
thousand pounds current money. The justices aforesaid, shall
examine the ballots; and the two candidates properly qualified
having in each county the majority of legal ballots, shall be de-
clared duly elected for the office of sheriff for such county, and
returned to the governor and council, with a certificate of the
number of ballots for each of them.
XLIII. That every person, who shall offer to vote for dele
gates, or for the election of the Senate, or for the sheriff, shall
if required by any three persons qualified to vote, before he be
admitted to poll, take such oath or affirmation of support
and fidelity to this state, as this convention, or the Legislature,
shall direct.
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XLIV. That a justice of the peace may be eligible as a sen-
ator, delegate, or member of the council, and may continue to
act, as a justice of the peace.
XLV. That no field officer of the militia be eligible as a
senator, delegate, or member of the council.
XLVI. That all civil officers, hereafter to be appointed for
the several counties of this state, shall have been residents of the
county, respectively, for which they shall be appointed, six
months next before their appointment; and shall continue resi-
dents of their county respectively, during their continuance in
office.
XLVII. That the judges of the general court and justices
of the county courts, may appoint the clerks of their respective
courts and in case of refusal, death, resignation, disqualifica-
tion, or removal out of the state, or from their respective shores
of the clerks of the general court or either of them, in the
vacation of the said court-and in case of the refusal, death re-
signation, disqualification, or removal out of the county, of
any of the said county clerks, in the vacation of the county
court, of which he is clerk-the governor, with the advice of
the council, may appoint and commission a fit and proper per-
son to such vacant office respectively, to hold the same until
the meeting of the next general court, or county court, as the
case may be.
•
XLVIII. That the governor, for the time being, with the
advice and consent of the council, may appoint a chancellor,
and all the judges and justices, the attorney-general, naval offi-
cers, officers in the regular land and sea service, officers of the
militia, registers of the land office surveyers, and all other civil
officers of the government, (assessors, constables, and overseers
of the roads, only excepted) and may also suspend or remove any
civil officer, who has not a commission, during good behavior;
and may suspend any militia officer, for one month: and may
also suspend or remove any regular officer in the land or sea
service: and the governor may remove or suspend any militia
officer, in pursuance of the judgment of a court martial.
XLIX. That all civil officers of the appointment of the gov-
ernor and council, who do not hold commissions during good.
behavior, shall be appointed annually in the third week of No-
vember. But if any of them shall be re-appointed, they may con-
tinue to act, without any new commission or qualification: and
every officer, though not re-appointed, shall continue to act,
until the person who shall be appointed and commissioned in
his stead, shall be qualified.
L. That the governor, every member of the council, and
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every judge and justice, before they act as such, shall respec-
tively take an oath, "That he will not through favor, affection or
partiality, vote for any person to office; and that he will vote for
such person, as, in his judgment and conscience, he believes
most fit, and best qualified for the office; and that he has not
made, nor will make, any promise or engagement, to give his
vote or interest in favor of any person."
LI. That there be two registers of the land office, one upon
the western and one upon the eastern shore; that short ex-
tracts of the grants and certificates of the land, on the western
and eastern shores, respectively, be made in separate books, at
the public expense, and deposited in the offices of the said.
registers, in such manner, as shall hereafter be provided by the
General Assembly.
LII. That every chancellor, judge, register of wills, com-
missioner of the loan office, attorney general, sheriff, treasurer,
naval officer, register of the land office, register of the chancery
court, and every clerk of the common law courts, surveyor,
and auditor of the public accounts, before he acts as such, shall
take an oath, “that he will not directly or indirectly receive
any fee or reward, for doing his office of -but what is or
shall be allowed by law; nor will, directly or indirectly, receive
the profits or any part of the profits of any office, held by any
other person; and that he does not hold the same office in trust,
or for the benefit of any other person."
LIII. That if any governor, chancellor, judge, register of
wills, attorney general, register of the land office, register of
the chancery court, or any clerk of the common law courts,
treasurer, naval officer, sheriff, surveyor, or auditor of public
accounts, shall receive, directly or indirectly, at any time, the
profits, or any part of the profits of any office, held by any other
person, during his acting in the office to which he is appointed,
his election, appointment, and commission, on conviction in a
court of law, by oath of two credible witnesses, shall be void;
and he shall suffer the punishment for wilful and corrupt per-
jury, or be banished this state forever, or disqualified forever
from holding any office or place of trust or profit, as the court
may adjudge.
LIV. That if any person shall give any bribe, present, or re-
ward, or any promise, or any security for the payment or deli-
very of any money, or any other thing, to obtain or procure a
vote, to be governor, senator, delegate to Congress, or Assem-
biy, member of the council or judge, or to be appointed to any
of the said offices, or to any office of profit or trust, now created
or hereafter to be created in this state-the person giving and
2 P
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1
the person receiving the same, on conviction in a court of law,
shall be forever disqualified to hold any office of trust or profit
in this state.
LV. That every person, appointed to any office of profit or
trust, shall, before he enters on the execution thereof, take the
following oath, to wit, "I, A B, do swear, that I do not hold
myself bound in allegiance to the king of Great Britain, and
that I will be faithful, and bear true allegiance to the state
of Maryland;" and shall also subscribe a declaration of his be-.
lief in the christian religion.
LVI. That there be a court of appeals, composed of persons
of integrity and sound judgment in the law, whose judgment
shall be final and conclusive, in all cases of appeal, from the
general court, court of chancery, and court of admiralty: that
one person of integrity and sound judgment in the law, be ap-
pointed chancellor that three persons of integrity, and sound
judgment in the law, be appointed judges of the court, now
called the provincial court; and that the same court be hereafter
called and known by the name of the general court; which
court shall sit on the western and eastern shores, for transact-
ing and determining the business of the respective shores, at
such times and places, as the future Legislature of this state
shall direct and appoint.
LVII. That the style of all laws run thus: Be it enacted by
the General Assembly of Maryland. That all public commis-
sions and grants run thus: The State of Maryland, &c. and
shall be signed by the governor and attested by the chancellor
with the seal of the state annexed-except military commis-
sions, which shall not be attested by the chancellor, or have
the seal of the state annexed: that all writs shall run in the
same style, and be attested, sealed and signed, as usual. That
all indictments shall conclude, Against the peace, government,
and dignity of the state.
LVIII. That all penalties and forfeitures, heretofore going
to the king or proprietary, shall go to the state, save only such
as the General Assembly may abolish or otherwise provide for.
LIX. That this form of government, and the declaration of
rights, and no part thereof, shall be altered, changed, or abol-
ished, unless a bill so to alter, change or abolish the same, shall
pass the General Assembly, and be published at least three
months before a new election, and shall be confirmed by the
General Assembly, after a new election of delegates, in the
first session after such new election: Provided, That nothing in
this form of government, which relates to the eastern shore
particularly, shall at any time hereafter be altered, unless for
MARYLAND.
175
the alteration and confirmation thereof, at least two thirds
of all the members of each branch of the General Assembly
shall concur.
XL. That every bill, passed by the General Assembly, when
engrossed, shall be presented by the speaker of the House of
Delegates, in the Senate, to the governor for the time being,
who shall sign the same, and thereto affix the great seal, in the
presence of the members of both Houses: every law shall be
recorded in the general court office of the western shore, and
in due time printed, published, and certified under the great
seal to the several county courts, in the same manner as hath
been heretofore used in this state.
This form of government was assented to, and passed in
convention of the delegates of the freemen of Maryland,
begun and held at the city of Annapolis, the fourteenth
of August, A.D. one thousand seven hundred and seventy-
six.
By order of the convention,
M. TILGHMAN, Pres.
AMENDMENTS.
ALL those parts of the Constitution and form of government.
that prevent a citizen, conscientiously scrupulous of taking an
oath in any case, and who are permitted by the Constitution to
affirm in certain cases, from taking a seat in the Legislature,
or from being an elector of the Senate, without taking an oath
of support to this government, shall be repealed; and hereaf
ter a solemn affirmation, or declaration of support to this gov
ernment may be taken, and shall be received instead of an oath,
by any citizen chosen a delegate or elector of the Senate, con-
scientiously scrupulous of taking an oath, in any case, and who
is permitted by the Constitution to affirm in certain cases. Nov.
1788, C. 42, § 2, confirmed by 1789, C. 1.
Every person being a member of either of the sects or soci
eties called quakers, menonists, dunkers, or nicolites, or new
quakers, and who shall be conscientiously scrupulous of taking
an oath on any occasion, being otherwise qualified and duly
elected a senator, delegate, or elector of the Senate, or being
otherwise qualified and duly appointed or elected to any office
of profit or trust, on making affirmation instead of taking the
several oaths appointed by the constitution and form of gov-
ernment, and the several acts of assembly of this state now in
force, or that hereafter may be made, such person may hold and
exercise any office of profit or trust to which he may be ap-
pointed or elected, and may, by such affirmation, qualify him-


+
X
£76
self to take a seat in the Legislature, and to act therein as a
member of the same in all cases whatever, or to be an elector
of the Senate, in as full and ample a manner, as persons are
now competent and qualified to act who are not conscientious-
ly scrupulous of taking such oaths; and the several clauses and
sections of the Constitution, contrary to the provisions of this
act, so far as they respect either of the sects or societies afore-
said, shall be repealed, on the confirmation hereof.-1794, C.
49, § 1, 3, confirmed by 1795, C. 11.
That all and every part of the constitution and form of gov¬
ernment relating to the judges, time, place, and manner, of
holding elections in the city of Baltimore, and all and every
part of the second, third, fifth, fourteenth, and forty-second
sections of the constitution and form of government of this
state, which relate to the judges, place, time, and manner of
holding the several elections for delegates, electors of the Sen-
ate, and sheriffs of the several counties, be and the same are
hereby abrogated, repealed, and annulled, and the same shall
hereafter be regulated by law. Passed 1798-Confirmed 1799.

Preamble & Bill fight emitted.
The Constitution or Form of Government, agreed to and re-
solved upon by the Delegates and Representatives of the sev-
eral Counties and Corporations, in a General Convention held
at Williamsburgh, on the 6th of May, and continued by ad-
journments to the 5th of July, 1776.
WE, the delegates and representatives of the good people of
Virginia, do declare the future form of government of Virginia
to be as followeth:-
The legislative, executive, and judiciary departments; shall
be separate and distinct, so that neither exercise the powers pro-
perly 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 the 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 Generat
Assembly of Virginia. One of these shall be called, the House
of Delegates, and consist of two representatives, to be chosen
for each county, and for the district of West-Augusta, annual--
N.B. The Preamble to the Constitution of Virginia was
written by Mr Sipperſon. The Bill of Rights & Con
stitution by George ellason. Su Letter of attende


U
.t
FIRST MODERN WRITTEN CONSTITU.
TION.
Letter from A. B. Woodard to President Jer-\
FERSON.
WASHINGTON, March 25, 1825.
SIR: I have the honor to enclose a fac-
sime copy of a letter received from Président
MADISON.
He corrects an error, into which he con
adeivės I have fallen, in ascribing to you the
3
first modern written constitution.
President MONROE, who carefully compared
the constitution of Virginia with other docu
ments known to have, proceeded from your
spen, was originally of opinion that my state-
hment was substantially correct; being under
an impression that though the draught was first
offered by Mr. MASON, at Williamsburgh, yet
it was derived from a manuscript furnished by
al you, from Philadelphia. Since the perusal of
er the letter of President MADISON, President
MONROE, wavers somewhat from his first senti-
ment.

A
ti
1
•
Written constitutions are great moral levers.
Those of America undoubtedly produced the
revolution of France. They are emancipating
the southern continent of the western hemis
phere. They are even pervading the domains
ว of ancient liberty. They will eventually,
change the whole aspect of human affairs upon
Cthis globe. The first which was prepared for
practical use becomes, therefore-however
rude, in the progress of time, its construction
might, comparatively, appear—an ethic pho-
nomenon of no ordinary interest.". Like the
tr
source of the Nile, which has attracted the at-
la, tention of kings and nations, it is not so much
sf the intrinsic magnificence of the object that
excites the sensibility, as the contemplation of
the resulting majesty and fertility....
27!
le
rat I beg you, sir, to accept the repeated assur.
elöance of a veneration which increases with time,
of and will end only with existence.
stic
of
A. B. WOODWARD.
The Hon. President JEFFERSON,
Monticello, Yirginia.
le Letter from President JEFFERSON to Judge

er
WOODWARD. ·
1
MONTICELLO, April 3, 1825
DEAR SIR: Your favor of March 25, has
been duly received. The fact is unquestiona ·
ble, that the Bill of Rights and the Constitu-
tion of Virginia wel drawn
drawn originally by
GEORGE MASON, one of our really great men,
and of the first order of greatness. The history
of the preamble to the latter is as follows.
was then at Philadelphia with Congress, and
knowing that the convention of Virginia was
engaged in forming a plan of government, I
turned my mind to the same subject, and drew
a sketch or outline of a Constitution, with a
preamble, which I sent to Mr PENDLETON,
president of the convention, on the mere pos-
sibility that it might suggest something worth
incorporation into that before the convention.
He informed me afterwards by letter, that he
received it on the day on which the Com-
mittee of the whole had reported to the House
the plan they had agreed to; that had been so
long in hand, so disputed, inch by inch, and
the subject of so much altercation and debate,
that they were worried with the intentions it
bad produced; and could not, from mere las-
situde, have been induced to open the instru
ment again but that, being pleased with the
preamble to mine, they adopted it in the House
by way of amendment to the report of the
Committee; and thus my preamble became
tacked to the work of GEORGE MASON. The
Constitution, with the preamble, was passed
aon the 29th of June, and the Committee of
Congress bad, only the day before that, report-
ed to that body the draught of the Declaration
sof Independence. The fact is, that that preamble
f was prior in composition to the Declaration;
and both having the same object, of justifying
our separation from Great Britian, they used
necessarily the same materials of justification ;
and hence their similitude.
d
S
:
*
Withdrawn by age from all other publicer
vices and attentions to public things, I amuos
ing the last scenes of life by fostering and fash-
ipning an establishment for the instruction of
those who are to come after us. I hope its in-
fluence on their virtue, freedom, fame and hap
npiness, will be salutary and permanent. The
form and distribations of its structure are origi-
nal and unique, the architecture chaste, and
classical, and the whole well worthy of attract-
ing the curiosity of a visit. Should it so prove
to yourself at any time, it will be a great-grati-
hfication to me to see you once more at Monti-
cello; and I pray you to be assured of my
my
continued and high respect and esteem,
1
THOS. JEFFERSON.
The Hon. Judge Augustus B. WOODWARD.
Letter from President MADISON to Judge Wood-
WARD,
MONTPELLIER, Sept. 11, 1824.
DEAR SIR-I have received, and return my
thanks for, the printed communications ac
companying your note of the fourth instant.
To appreciate your proposed expedient for
a standard of measures and weights would re-
quire more time than I can apply; and more
mathematical science than I retain..
Justice will doubtless be done to it by com-
petent judges.
+
I have given a hasty perusal to the observa-
tions "Addressed io the Individuál Citizen.”.
Although I cannot concur in some of them, I
may say of all, that they merit every praise for
the perspicuity, the precision, and the force
with which they are presented to the public
attention.
You have fallen into a mistake in ascribing
the Constitution of Virginia to Mr. JEFFER
SON; as will be inferred from the animadver-
sions on it in bis “ Notes on Virginia.”
>
Its origin was with GEORGE MASON; Who
laid before the committee, appointed to pre-
pare a plan, a very broad outline; which was
printed, by the committee, for consideration;
and, after being varied on some points, and
filled up, was reported to the Convention,
where a few further alterations gave it the
form in which it now stands.
The Declaration of Rights was, substantial-
ly, from the same hand.
The preamble to the Constitution was prob
ably derived, in great measure, if not wholly,
from the funds of Mr. JEFFERSON; the richness
of which, in such materials, is seen in the Dec-
laration of Independence, as well as elsewhere.
The plan of Mr. JEFFERSON, annexed to one
of the editions of his "Notes on Virginia," was
drawn up after the Revolutionary War, with a
view to correct the faults of the existing Con-
stitution, as well as to obtain the authentic
t
✔
sanction of the people.
Your love of truth will excuse this little
tribute to it, or rather would not excuse its
omission
With esteem and good wishes,
JAMES MADISON.
A. B. WOODWARD, Judge, &c. &c.
adersinod Messrs. Ba
VIRGINIA..
177
ly, of such men as actually reside in, and are freeholders of the
same, or duly qualified, according to law, and also of one dele-
gate or representative, to be chosen annually for the city of
Williamsburgh, and one for the borough of Norfolk, and a re-
presentative for each of such other cities and boroughs, as may
hereafter be allowed particular representation by the Legisla-
ture; but when any city or borough shall so decrease, as that
the number of persons, having right of suffrage therein shall have
been, for the space of seven years successively, less than half
the number of voters in some one county in Virginia, such city
or borough thenceforward shall cease to send a delegate or re-
presentative to the Assembly.
The other shall be called the Senate, and consist of twenty-
four members, of whom thirteen shall constitute à 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 dele-
gates, shall vote for one senator, who is actually a resident and
freeholder within the district, or duly qualified according to
law, and is upward 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 rota-
tion, 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 classes or division, by new election, in the manner afore-
said. 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 ap-
proved 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 ap-
proved or rejected.
A governor, or chief magistrate, shall be chosen annually by
joint ballot of both Houses, to be taken in each House respec-
tively, deposited in the conference room; the boxes examined
178
THE FREEMAN'S GUIDE.
jointly by a committee of each House, and the numbers seve--
rally reported to them, that the appointments may be entered
(which shall be the mode of taking the joint ballot of both
Houses in all cases) who shall not continue in that office longer
than three years successively, nor be eligible, until the expira-
tion of four years after he shall have been out of that office. An
adequate, but moderate salary, shall be settled on him, during
his continuance in office; and he shall, with the advice of a
council of state, exercise the executive powers of government,
according to the laws of this commonwealth; and shall not,
under any pretence, exercise any power or prerogative, by vir-
tue of any law, statute or custom of England. But he shall,
with the advice of the council of state, have the power of grant-
ing 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 them-
selves respectively. The governor shall not prorogue or ad-
journ 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.
7
A privy council, or council of state, consisting of eight mem-
bers, shall be chosen by joint ballot of both Houses of Assem-
bly, either from their own members or the people at large, to
assist in the administration of government. They shall annu̟-
ally 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
ahy part whereof, any member may enter his dissent) to be laid
before the General Assembly, when called for by them. This
council may appoint their own clerk, who shall have a salary
-settled by law, and take an oath of secrecy, in such matters as
he shall be directed by the board to conceal. A sum of money,
appropriated to that purpose, shall be divided annually among
the members, in proportion to their attendance; and they shall
be incapable, during their continuance in office, of sitting in
either House of Assembly. Two members shall be removed,
by joint ballot of both Houses of Assembly, at the end of every
three years, and be ineligible for the next three years. These
VIRGINIA.
179
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.
J..
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 com-
plaint of misbehavior or inability, or to supply vacancies of of
ficers, 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 direc-
tion 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 at-
torney general, to be commissioned by the governor, and con-
tinue in office during good behavior. In case of death, incapa-
city, or resignation, the governor, with the advice of the privy.
council, shall appoint persons to succeed in office, to be ap-
proved or displaced by both Houses. These officers shall have
fixed and adequate salaries, and, together with all others, hold-
ing lucrative offices, and all ministers of the gospel, of every
denomination, be incapable of being elected members of either
House of Assembly or the privy council.
The governor, with the advice of the privy council, shall ap-
point justices of the peace for the counties: and in case of
vacancies, or a necessity of increasing the number hereafter,
such appointments to be made upon the recommendation of
the respective county courts. The present acting secretary in
Virginia, and clerks of all the county courts, shall continue in
office. In case of vacancies, either by death, incapacity, or re-
signation, a secretary shall be appointed, as before directed:
and the clerks, by the respective courts. The present and fu-
ture clerks shall hold their offices during good behavior, to be
judged of, and determined in the general court. The sheriffs
and coroners shall be nominated by the respective courts, ap-
proved by the governor, with the advice of the privy council,
and cominissioned 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
180
THE FREEMAN'S GUIDE,
*
other means, by which the safety of the state may be endan-
gered, 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 gene-
ral 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 com-
monwealth of Virginia;" and bear test by the governor, with the
seal of the commonwealth annexed. Writs shall run in the
same manner, and bear test by the clerks of the several courts.
Indictments shall conclude, Against the peace and dignity of
the commonwealth."
A treasurer shall be appointed annually, by joint ballot of
both Houses.
All escheats, penalties and forfeitures, heretofore going to the
king, shall go the commonwealth, save only such as the Legis-
lature may abolish, or otherwise provide for.
The territories, contained within the charters, erecting the
colonies of Maryland, Pennsylvania, North and South-Carolina,
are hereby ceded, released and forever confirmed to the peo-
ple of these colonies respectively, with all the rights of pro-
perty, jurisdiction and government, and all other-rights whatso-
ever, which might, at any time heretofore, have been claimed
by Virginia, except the free navigation and use of the rivers
Potomaque and Pokomoke, with the property of the Virginia
shores and strands, bordering on either of the said rivers, and
all improvements, which have been or shall be made thereon.
The western and northern extent of Virginia shall, in all other
respects, stand, as fixed by the charter of king James I, in the
year one thousand six hundred and nine, and by the public
treaty of peace, between the courts of Britain and France in
the year one thousand seven hundred and sixty-three; unless
by act of this Legislature, one or more governments be estab-
lished 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.
( )
181181
NORTH-CAROLINA.
The Constitution or Form of Government, agreed to and re-
solved upon, by the representatives of the freemen of the
State, elected and chosen for that particular purpose, in Con-
gress assembled, at Halifax, December 18, 1776.
A DECLARATION OF RIGHTS.
I. THAT all political power is vested in and derived from the
people only.
II. That the people of this state ought to have the sole and
exclusive right of regulating the internal government and po
lice thereof.
III. That no man, or set of men, are entitled to exclusive or
separate emoluments or privileges from the community, but in
consideration of public services.
IV. That the legislative, executive, and supreme judicial
powers of government, ought to be forever separate and distinct
from each other.
V. That all powers of suspending laws, or the execution of
the laws, by any authority, without consent of the representa-
tives of the people, is injurious to their rights, and ought not to
VI. That elections of members, to serve as representatives
in General Assembly, ought to be free.
VII. That in all criminal prosecutions, every man has a right
to be informed of the accusation against him, and to confront
the accusers and witnesses with other testimony, and shall not
be compelled to give evidence against himself.
VIII. That no freeman shall be put to answer any criminal
charge, but by indictment, presentment or impeachment.
IX. That no freeman shall be convicted of any crime, but by
the unanimous verdict of a jury of good and lawful men, in open
court, as heretofore used.
X. That excessive bail should not be required, nor excessive
fines imposed, nor cruel or unusual punishments inflicted.
XI. That general warrants, whereby an officer or messenger
may be commanded to search suspected places, without evi-
dence of the fact committed, or to seize any person or persons,
not named, whose offences are not particularly described, and
supported by evidence—are dangerous to liberty, and ought not
to be granted.
XII. That no freeman ought to be taken, imprisoned or dis-
scised of his freehold, liberties or privileges, or outlawed, or
182
THE FREEMAN'S GUIDE.
exiled, or in any manner destroyed, or deprived of his life, lib-
erty, or property, but by the law of the land.
XIII. That every freeman restrained of his liberty, is entitled
to a remedy, to enquire into the lawfulness thereof, and to re-
move the same if unlawful; and that such remedy ought not to
be denied or delayed.
XIV. That in all controversies at law, respecting property,
the ancient mode of trial by jury, is one of the best securities of
the rights of the people, and ought to remain sacred and invio-
lable.
XV. That the freedom of the press is one of the great bul-
warks of liberty, and therefore ought never to be restrained.
XVI. That the people of this state ought not to be taxed, or
made subject to the payment of any impost, or duty, without
the consent of themselves, or their representatives in General
Assembly freely given.
XVII. That the people have a right to bear arms, for the'
defence of the state; and as standing armies, in time of peace,
are dangerous to liberty, they ought not to be kept up; and that
the military should be kept under strict subordination to, and
governed by the civil power.
XVIII. That the people have a right to assemble together,
to consult for the common good, to instruct their representa-
tives, and to apply to the Legislature for redress of grievances.
XIX. That all men have a natural and unalienable right to
worship Almighty God, according to the dictates of their own
consciences.
XX. That for redress of grievances, and for amending and.
strengthening the laws, elections ought to be often held.
XXI. That a frequent recurrence to fundamental principles,
is absolutely necessary to preserve the blessings of liberty.
XXII. That no hereditary emoluments, privileges, or hon-
ors ought to be granted or conferred in this state.
XXIII. That perpetuities and monopolies are contrary to the
genius of a free state, and ought not to be allowed.
XXIV. That retrospective laws, punishing facts committed
before the existence of such laws, and, by them only, declared
criminal, are oppressive, unjust, and incompatible with liberty;
wherefore no ex post facto law ought to be made.
XXV. The property of the scil, in a free government, being
one of the essential rights of the collective body of the people,
it is necessary, in order to avoid future disputes, that the limits
of the state should be ascertained with precision: and as the
former temporary line between North and South-Carolina, was
confirmed, and extended by commissioners, appointed by the
:
NORTH-CAROLINA.
183
Legislatures of the two states, agreeable to the order of the late
king George II, in council, that line, and that only, should be
esteemed the southern boundary of this state-that is to say, be-
ginning on the sea side, at a cedar stake, at or near the mouth
of Little River, (being the southern extremity of Brunswick
county) and running from thence a northwest course, through
the boundary house, which stands in thirty-three degrees fifty-six
minutes, to thirty-five degrees north latitude; and from thence
a west course so far as is mentioned in the charter of king
Charles II, to the late proprietors of Carolina. Therefore all
the territory, seas, waters and harbors, with their appurtenan-
ces, lying between the line above described, and the southern
line of the state of Virginia, which begins on the sea shore, in
thirty-six degrees thirty minutes north latitude, and from thence
runs west, agreeable to the said charter of king Charles, are the
right and property of the people of this state, to be held by them
in sovereignty: any partial line, without the consent of the Leg-
islature of this state, at any time thereafter directed or laid out,
in anywise notwithstanding: Provided always, That this decla-
ration of right shall not prejudice any nation or nations of In-
dians, from enjoying such hunting grounds as may have been,
or hereafter shall be secured to them, by any former or future
Legislature of this state: And provided also, That it shall not
be construed, so as to prevent the establishment of one or more
governments westward of this state, by consent of the Legisla-
ture: And provided further, That nothing herein contained,
shall affect the titles or possessions of individuals, holding or
claiming under the laws heretofore in force, or grants hereto-
fore made by the late king George II, or his predecessors, or
the late lords proprietors, or any of them.
THE CONSTITUTION OR FORM OF GOVERNMENT, &c.
WHEREAS, allegiance and protection are, in their nature, re-
ciprocal, and the one should of right be refused, when the
other is withdrawn:-
And whereas, George the third, king of Great Britain, and
late sovereign of the British American colonies, hath not only
withdrawn from them his protection, but, by an act of the Bri-
tish Legislature, declared the inhabitants of these states out of
the protection of the British crown, and all their property found
upon the high seas liable to, be seized and confiscated to the
uses mentioned in the said act; and the said George the third,
has also sent fleets and armies to prosecute a cruel war against
them, for the purpose of reducing the inhabitants of the said co-
lonies to a state of abject slavery; in consequence whereof, all
184
THE FREEMAN'S GUIDE.
:
government under the said king, within the said colonies, hath
ceased, and a total dissolution of government, in many of them,
hath taken place:
And whereas, the continental congress, having considered
the premises, and other previous violations of the rights of the
good people of America, have therefore declared, that the thir-
teen united colonies, are, of right, wholly absolved from all al-
legiance to the British crown, or any other foreign jurisdiction
whatsoever; and that the said colonies now are, and forever
shall be free and independent states:
Wherefore, in our present state, in order to prevent anarchy
and confusion, it becomes necessary that government should
be established in this state; therefore wE, the representatives
of the freemen of North-Carolina, chosen and assembled in
congress, for the express purpose of framing a Constitution,
under the authority of the people, most conducive to their
happiness and prosperity, do declare, that a government for
this state shall be established, in manner and form following,
to wit:
I. That the legislative authority shall be vested in two dis-
tinct branches, both dependent on the people, to wit, a Senate,
and House of Commons.
II. That the Senate shall be composed of representatives,
annually chosen by ballot, one for each county in the state.
III. That the House of Commons shall be composed of re-
presentatives annually chosen by ballot, two for each county,
and one for each of the towns of Edenton, Newbern, Wilming
ton, Salisbury, Hillsborough, and Halifax.
IV. That the Senate and House of Commons, assembled for
the purpose of legislation, shall be denominated the General
Assembly.
V. That each member of the Senate shall have usually resid-
ed in the county in which he is chosen, for one year, immediate-
ly preceding his election, and for the same time shall have pos-
sessed, and continue to possess, in the county which he repre-
sents, not less than three hundred acres of land in fee.
VI. That each member of the House of Commons shall have
usually resided in the county in which he is chosen, for one
year immediately preceding his election, and for six months shall
have possessed and continue to possess, in the county which
he represents, not less than one hundred acres of land in fee,
or for the term of his own life.
VII. That all freemen, of the age of twenty-one years, who
have been inhabitants of any one county within the state twelve
months, immediately preceding the day of any election, and
NORTII-CAROLINA.
185
possessed of a freehold, within the same county, of fifty acres of
land, for six months next before, and at the day of election, shall
be entitled to vote for a member of the Senate.
VIII. That all freemen of the age of twenty-one years, who
have been inhabitants of any one county within the state, twelve
months immediately preceding the day of any election, and
shall have paid public taxes, shall be entitled to vote for mem-
bers of the House of Commons, for the county in which he re-
sides.
IX. That all persons possessed of a freehold, in any town in
this state, having a right of representation, and also all freemen,
who have been inhabitants of any such town twelve months
next before, and at the day of election, and shall have paid pub-
lic taxes, shall be entitled to vote for a member to represent
such town in the House of Commons: Provided always, That
this section shall not entitle any inhabitant of such town to vote
for members of the House of Commons, for the county in
which he may reside, nor any freeholder in such county, who
resides without or beyond the limits of such town, to vote for a
member for said town.
X. That the Senate and House of Commons, when met, shall
each have power to choose a speaker, and other their officers;
be judges of the qualifications and elections of their members;
sit upon their own adjournments from day to day; and prepare
bills, to be passed into laws. The two Houses shall direct writs
of election, for supplying intermediate vacancies; and shall
also jointly, by ballot, adjourn themselves to any future day and
place.
XI. That all bills shall be read three times in each House,
before they pass into laws, and be signed by the speakers of
both Houses.
XII. That every person, who shall be chosen a member of
the Senate or House of Commons, or appointed to any office or
place of trust, before taking his seat, or entering upon the ex-
ecution of his office, shall take an oath to the state; and all'offi-
cers shall also take an oath of office.
XIII. That the General Assembly shall, by joint ballot of
both Houses, appoint judges of the supreme courts of law and
equity, judges of admiralty, and attorney general, who shall be
commissioned by the governor, and hoid their offices during
good behavior.
XIV. That the Senate and House of Commons, shall have
power to appoint the generals and field officers of the militia,
and all officers of the regular army of this stäte.
Za
X
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THE FREEMAN'S GUIDE.
1
XV. That the Senate and House of Commons, jointly, at
their first meeting after each annual election, shall, by ballot,
elect a governor for one year, who shall not be eligible to that
office, longer than three years, in six successive years. That no
person, under thirty years of age, and who has not been a resi-
dent in this state above five years, and having, in the state, a
freehold in lands and tenements, above the value of one thou-
sand pounds, shall be eligible as a governor.
XVI. That the Senate and House of Commons, jointly, at
their first meeting, after each annual election, shall, by ballot,
elect seven persons to be a council of state for one year; who
shall advise the governor in the execution of his office; and
that four members shall be a quorum: their advice and proceed-
ings shall be entered in a journal, to be kept for that purpose
only; and signed by the members present; to any part of which
any member present may enter his dissent. And such journal
shall be laid before the General Assembly when called for by
them..
XVII. That there shall be a seal of this state, which shall be
kept by the governor and used by him, as occasion may re-
quire; and shall be called, the great seal of the state of North-
Carolina, and be affixed to all grants and commissions.
XVIII. The governor for the time being, shall be captain'
general and commander in chief of the militia; and in the re-
cess of the General Assembly, shall have power, by and with
the advice of the council of state, to embody the militia, for the
public safety.
XIX. The governor for the time being, shall have power to
draw for, and apply such sums of money, as shall be voted by
the General Assembly, for the contingencies of government,
and be accountable to them for the same. He also may, by and
with the advice of the council of state, lay embargoes, or pro-
hibit the exportation of any commodity, for any term not ex-
ceeding thirty days, at any one time in the recess of the General
Assembly; and shall have the power of granting pardons and
reprieves; except where the prosecution shall be carried on by
the General Assembly, or the law shall otherwise direct; in
which case, he may, in the recess, grant a reprieve until the
next sitting of the General Assembly; and may exercise all the.
other executive powers of government, limited and restrained,
as by this Constitution is mentioned, and according to the laws
of the state. And on his death, inability, or absence from the
state, the speaker of the Senate for the time being, (and in case
of his death, inability, or absence from the state, the speaker of
the House of Commons) shall exercise the powers of govern-
ment, after such death, or during such absence or inability of
*
NORTH-CAROLINA.
187
.
the governor, or speaker of the Senate, or until a new nomina~
tion is made by the General Assembly.
XX. That in every case, where any officer, the right of whose
appointment is, by this Constitution, vested in the General As-
sembly, shall, during their recess, die, or his-office by other
means become vacant, the governor shall have power, with the
advice of the council of state, to fill up such vacancy, by grant-
ing a temporary commission, which shall expire at the end of
the next session of the General Assembly.
XXI. That the governor, judges of the supreme court of
law and equity, judges of admiralty, and attorney general, shall
have adequate salaries, during their continuance in office.
XXII. That the General Assembly shall, by joint ballot, of
both Houses, annually appoint a treasurer or treasurers, for this
state.
XXIII. That the governor and other officers, offending
against the state, by violating any part of this Constitution, mal-
administration, or corruption, may be prosecuted, on the im-
peachment of the General Assembly, or presentment of the
grand jury of any court of supreme' jurisdiction in this state.
XXIV. That the General Assembly shall, by joint ballot of
both Houses triennially appoint a secretary, for this state.
XXV. That no persons, who heretofore have been, or here-
after may be, receivers of public moneys, shall have a seat in
either House of General Assembly, or be eligible to any office
in this state until such person shall have fully accounted for,
and paid into the treasury, all sums, for which they may be ac-
countable and liable.
XXVI. That no treasurer shall have a seat, either in the
Senate, House of Commons, or council of state, during his con-
tinuance in that office, or before he shall have finally settled
his accounts with the public, for all the moneys, which may be
in his hands, at the expiration of his office, belonging to the
state, and hath paid the same into the hands of the succeeding
treasurer.
XXVII. That no officer in the regular army or navy, in the
service and pay of the United States, of this or any other state,
nor any contractor or agent for supplying such army or navy
with clothing or provisions, shall have a seat either in the Se-
nate, House of Commons, or council of state, or be eligible
thereto: and any member of the Senate, House of Commons,
or council of state, being appointed to, and accepting of such
office, shall thereby vacate his seat. ·
XXVIII. That no member of the council of state shall have
a seat, either in the Senate or House of Commons.
188
THE FREEMAN'S GUIDE.
XXIX. That no judge of the supreme court of law or equi-
ty, or judge of admiralty, shall have a seat in the Senate, House
of Commons, or council of state.
XXX. That no secretary of this state, attorney general, or
clerk of any court of record, shall have a seat in the Senate,
House of Commons, or council of state.
XXXI. That no clergyman or preacher of the gospel, of
any denomination, shall be capable of being a member of either
the Senate, House of Commons, or council of state, while he
continues in the exercise of the pastoral function.
XXXII. That no person, who shall deny the being of God,
or the truth of the protestant religion, or the diviné authority
either of the Old or New Testaments, or who shall hold reli-
gious principles incompatible with the freedom and safety of
the state, shall be capable of holding any office, or place of trust
or profit, in the civil department, within this state.
XXXIII. That the justices of the peace, within their respec-
tive counties in this state, shall in future be recommended to
the governor for the time being, by the representatives in Ge-
neral Assembly; and the governor shall commission them ac-
cordingly: and the justices when so commissioned, shall hold
their offices during good behavior, and shall not be removed
from office by the General Assembly; unless for misbehavior,
absence, or inability.
XXXIV. That there shall be no establishment of any one
religious church or denomination in this state, in preference to
any other; neither shall any person, on any pretence whatso-
ever, be compelled to attend any place of worship contrary to
his own faith or judgment, nor be obliged to pay, for the pur-
chase of any glebe, or the building of any house of worship, or
for the maintenance of any minister or ministry, contrary to
what he believes right, or has voluntarily and personally en-
gaged to perform; but all persons shall be at liberty to exer-
cise their own mode of worship: Provided, That nothing here-
in contained shall be construed to exempt preachers of treason-
able or seditious discourses, from legal trial and punishment.
XXXV. That no person in the state shall hold more than
one lucrative office, at any one time: Provided, That no ap-
pointment in the militia, or the office of a justice of the peace,
shall be considered as a lucrative office..
XXXVI. That all commissions and grants shall run in the
name of the state of North-Carolina, and bear test, and be sign-
ed by the governor. All writs shall run in the same manner,
and bear test, and be signed by the clerks of the respective
courts. Indictments shall conclude, Against the peace and dig-
nity of the state.
NORTH-CAROLINA.
189
XXXVII. That the delegates for this state, to the Continen-
tal Congress, while necessary, shall be chosen annually by the
General Assembly, by ballot; but may be superseded, in the
mean time, in the same manner; and no person shall be elect-
ed, to serve in that capacity, for more than three years suc-
cessively.
XXXVIII. That there shall be a sheriff, coroner, or coro-
ners, and constables, in each county within this state.
XXXIX. That the person of a debtor, where there is not a
strong presumption of fraud, shall not be continued in prison,
after delivering up, bona fide, all his estate real and personal,
for the use of his creditors, in such manner as shall be here-
after regulated by law. All prisoners shall be bailable by suffi-
cient sureties, unless for capital offences, when the proof is
evident, or the presumption great.
XL. That every foreigner, who comes to settle in this state,
having first taken an oath of allegiance to the same, may pur-
chase, or, by other just means, acquire, hold, and transfer land,
or other real estate; and after one year's residence, shall be
deemed a free citizen.
XLI. That a school or schools shall be established by the
Legislature, for the convenient instruction of youth, with such
salaries to the masters, paid by the public, as may enable them
to instruct at low prices; and all useful learning shall be duly
encouraged and promoted, in one or more universities.
XLII. That no purchase of land shall be made of the Indian
natives, but on behalf of the public, by authority of the Gene-
ral Assembly.
XLIII. That the future Legislature of this state shall regu-
late entails, in such a manner as to prevent perpetuities.
XLIV. That the declaration of right is hereby declared to
be part of the Constitution of this state, and ought never to be
violated on any pretence whatsoever.
XLV. That any member of either House of General Assem-
bly, shall have liberty to dissent from and protest against any
act or resolve, which he may think injurious to the public, or
any individual, and have the reasons of his dissent entered on
the journals.
XLVI. That neither House of the General Assembly shall
proceed upo.: public business, unless a majority of all the mem-
bers of such House are actually present: and that, upon a mo-
tion made and seconded, the yeas and nays, upon any question,
shall be taken and entered on the journals: and that the jour-
nais of the proceedings of both Houses of the General Assem-
bly shall be printed, and made public, immediately after their
adjournment.
190
THE FREEMAN'S GUIDE.
This Constitution is not intended to preclude the present
Congress from making a temporary provision, for the well or-
dering of this state, until the General Assembly shall establish
government, agreeable to the mode herein before described.
RICHARD CASWELL, Prës.
December the eighteenth, one thousand seven hundred and
seventy-six, read the third time, and ratified in open Con-
gress. By order,
JAMES GREEN, Jun. Secretary.
!
SOUTH-CAROLINA.
The Constitution agreed upon by the Convention of the State.
WE, the delegates of the people of the state of South-Caro-
lina, in general convention met, do ordain and establish this
Constitution for its government.
ARTICLE I.
SECTION I. The legislative authority of this state shall be
vested in a General Assembly, which shall consist of a Senate
and House of Representatives.
II. The House of Representatives shall be composed of
members, chosen by bailot, every second year, by the citizens
of the state, qualified, as in this Constitution is provided.
III. The several election districts, in this state, shall elect
the following number of representatives, viz.:
Charleston, including St. Philip and St. Michael, fifteen
members; Christ Church, three members; St. John, Berkeley,
three members; St. Andrew, three members; St. George, Dor-
chester, three members; St. James, Goose Creek, three mem-
bers; St. Thomas and St. Dennis, three members; St. Paul,
three members; St. Bartholomew, three members; St. James,
Santee, three members; St. John, Colleton, three members;
St. Stephen, three members; St. Helena, three members; St.
Luke, three members; Prince William, three members; St.
Peter, three members; All Saints, including its ancient boun-
daries, one member; Winyaw, not including any part of All
Saints, three members; Kingston, not including any part of
All Saints, two members; Williamsburgh, two members; Lib-
erty, two members; Marlborough, two members; Chesterfield,
SOUTH-CAROLINA.
191
Darlington, four members; York, three members; Chester, two.
members; Fairfield, two members; Richland, two members;
Lancaster, two members; Kershaw, two members; Claremont,
two members; Clarendon, two members; Abbeville, three
members; Edgefield, three members; Newbury, including the
fork between Broad and Saluda rivers, three members; Lau-
rens, three members; Union, two members; Spartan, two
members; Greenville, two members; Pendleton, three mem-
bers; St. Matthew, two members; Orange, two members;
Winton, including the district between Savannah river, and
the north fork of Edisto, three members; Saxe Gotha, three
members.
IV. Every free white man, of the age of twenty-one years,
being a citizen of this state, and having resided therein two
years, previous to the day of election, and who hath a freehold
of fifty acres of land, or a town lot, of which he hath been le-
gally seised and possessed, at least six months before such
election, or, not having such freehold or town lot, hath been a
resident in the election district, in which he offers to give his
vote, six months before the said election, and hath paid a tax
the preceding year of three shillings sterling, toward the sup-
port of this government, shall have a right to vote for a mem-
ber or members, to serve in either branch of the Legislature,
for the election district, in which he holds such property, or is
so resident.
V. The returning officer, or any other person present, enti-
tled to vote, may require any person who shall offer his vote at
an election, to produce a certificate of his citizenship, and a re-
ceipt from the tax collector, of his having paid a tax, entitling
him to vote, or to swear or affirm, that he is duly qualified to
vote agreeably to this Constitution.
•
VI. No person shall be eligible to a seat in the House of
Representatives, unless he is a free white man, of the age of
twenty-one years, and hath been a citizen and resident in this
state, three years previous to his election. If a resident in the
election district, he shall not be eligible to a seat in the House
of Representatives, unless he be legally seised and possessed,
in his own right, of a settled freehold estate of five hundred
acres of land, and ten negroes; or of a real estate, of the value
of one hundred and fifty pounds sterling, clear of debt. If a
non-resident, he shall be legally seised and possessed of a set-
tled freehold estate therein, of the value of five hundred pounds
sterling, clear of debt.
VII. The Senate shall be composed of members to be cho-
sen for four years, in the following proportions, by the citizens
;
192
THE FREEMAN'S GUIDE.
of this state, qualified to elect members to the House of Repre-
sentatives, at the same time, in the same manner, and at the
same places, where they shall vote for representatives, viz.:
Charleston, including St. Philip and St. Michael, two mem-
bers; Christ Church, one member; St. John, Berkeley, one
member; St. Andrew, one member; St. George, one member;
St. James, Goose Creek, one member; St. Thomas and St.
Dennis, one member; St. Paul, one member; St. Bartholomew,
one member; St. James, Santee, one member; St. John, Col-
leton, one member; St. Stephen, one member; St. Helena, one
member; St. Luke, one member; Prince William, one mem-
ber; St. Peter, one member; All Saints, one member; Win-
yaw and Williamsburgh, one member; Liberty and Kingston,
one member; Marlborough, Chesterfield and Darlington, two
members; York, one member; Fairfield, Richland and Ches-
ter, one member; Lancaster and Kershaw, one member; Clare-
mont and Clarendon, one member; Abbeville, one member;
Edgefield, one member; Newbury, including the fork between
Broad and Saluda rivers, one member; Laurens, one member;
Union, one member; Spartan, one member; Greenville one
member; Pendleton, one member; St. Matthew and Orange,
one member; Winton, including the district between Savannah
river and the north fork of Edisto, one member; Saxe Gotha,
one member.
VIII. No person shall be eligible to a seat in the Senate, un-
less he is a free white man, of the age of thirty years, and hath
been a citizen and resident in this state five years previous to
his election. If a resident in the election district, he shall
not be eligible unless he be legally seised and possessed, in
his own right, of a settled freehold estate of the value of three
hundred pounds sterling, clear of debt. If a non-resident in the
election district, he shall not be eligible, unless he be legally
seised and possessed, in his own right, of a settled freehold
estate, in the said district, of the value of one thousand pounds
sterling, clear of debt.
IX. Immediately after the senators shall be assemblerl, in
consequence of the first election, they shall be divided by lot
into two classes. The seats of the senators of the first class
shall be vacated at the expiration of the second year, and of the
second class, at the expiration of the fourth year; so that one
half thereof, as near as possible, may be chosen, forever there-
after, every second year, for the term of four years.
X. Senators, and members of the House of Representatives,
shall be chosen on the second Monday in October next, and the
day following; and on the same days in every second year there-
SOUTH-CAROLINA.
193
after, in such manner, and at such times, as are herein direct-
ed:—and shall meet on the fourth Monday in November annu-
ally, at Columbia, (which shall remain the seat of government,
until otherwise determined, by the concurrence of two thirds
of both branches of the whole representation) unless the casu-
alties of war, or contagious disorders, should render it unsafe
to meet there; in either of which cases, the goveror or com-
mander in chief for the time being, may, by proclamation, ap-
point a more secure and convenient place of meeting.
XI. Each House shall judge of the elections, returns and
qualifications of its own members; and a majority of each House
shall constitute a quorum to do business: but a smaller number
may adjourn from day to day, and may be authorised to compel
the attendance of absent members in such manner and under
such penalties, as may be provided by law.
XII. Each House shall choose by bollot its own officers, de-
termine its rules of proceeding, punish its members for disor-
derly behavior, and (with the concurrence of two thirds) expel
a member, but not a second time for the same cause.
XIII. Each House may punish, by imprisonment, during
sitting, any person not a member, who shall be guilty of disre-
spect to the House; by any disorderly or contemptuous beha-
vior in its presence or who, during the time of its sitting shall
threaten harm to the body or estate of any member, for any
thing said or done in either House; or who shall assault any
of them therefor; or who shall assault or arrest any witness or
other person ordered to attend the House in his going to, or re-
turning therefrom; or who shall rescue any person arrested by
order of the House.
XIV. The members of both Houses shall be protected in their
persons and estates, during their attendance on, going to, and
returning from the Legislature, and ten days previous to their
sitting, and ten days after the adjournment of the Legislature.
But these privileges shall not be extended so as to protect any
member who shall be charged with treason, felony, or breách
of the peace.
XV. Bills for raising a revenue shall originate in the House
of Representatives, but may be altered, amended, or rejected by
the Senate.
All other bills may originate in either House, and may be
amended, altered, or rejected by the other.
XVI. No bill or ordinance shall have the force of law, until.
it shall have been read three times, and on three several days,
in çach House, has had the great seal affixed to it, and has been
R
194
THE FREEMAN'S GUIDE.
signed in the Senate house, by the president of the Senate, and
Speaker of the House of Representatives.
XVII. No money shall be drawn out of the public treasury
but by the Legislative authority of the state.
XVIII. The members of the Legislature, who shall assem-
ble under this Constitution, shall be entitled to receive out of
the public treasury, as a compensation for their expenses, a sum,
not exceeding seven shillings sterling, a day, during their at-
tendance on, going to, and returning from the Legislature; but
the same may be increased or diminished by law, if circum-
stances shall require: but no alterations shall be made by any
Legislature, to take effect during the existence of the Legisla-
ture, which shall make such alteration.
XIX. Neither House shall, during their session, without the
consent of the other, adjourn for more than three days, nor to any
other place than that in which the two Houses shall be sitting.
XX. No bill or ordinance, which shall have been rejected by:
either House, shall be brought in again during the sitting with-
out leave of the House, and notice of six days being previously
given.
XXI. No person shall be eligible to a seat in the Legislature
whilst he holds any office of profit or trust under this state, the
United States, or either of them, or under any other power-
except officers in the militia, army or navy of this state, justices
of the peace, or justices of the county courts, while they receive
no salaries; nor shall any contractor of the army or navy of this
state, the United States, or either of them, or the agents of such
contractor, be eligible to a seat in either House. And if any
member shall accept or exercise any of the said disqualifying
office, he shall vacate his seat.
XXII. If any election district shall neglect to choose a mem-
ber or members on the days of election, or if any person chosen
a member of either House shall refuse to qualify and take his
seat, or should die, depart the state, or accept of any disquali-
fying office, a writ of election shall be issued by the president
of the Senate, or speaker of the House of Representatives, as
the case may be, for the purpose of filling up the vacancy there-
by occasioned, for the remainder of the term, for which the
person, so refusing to qualify, dying, departing the state, or ac-
cepting a disqualifying office, was elected to serve.
XXIII. 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 public teach-
of any religious persuasion, whilst he continues in the exer-
er,
SOUTH CAROLINA.
195
cise of his pastoral functions, shall be eligible to the office of
governor, lieutenant governor, or a seat in the Senate or House
of Representatives.
ARTICLE II.
I. THE executive authority of this state shall be invested in
a governor, to be chosen in manner following: as soon as may
be, after the first meeting of the Senate and House of Repre-
sentatives, and at every first meeting of the House of Repre-
sentatives thereafter, when a majority of both Houses shall be
present, the Senate and House of Representatives shall, jointly,
in the House of Representatives, choose, by ballot, a governor,
to continue for two years, and until a new election shall be
made.
II. No person shall be eligible to the office of governor, un-
less he hath attained the age of thirty years, and hath resided
within this state, and been a citizen thereof, ten years, and un-
less he be seized and possessed of a settled estate within the
same, in his own right, of the value of fifteen hundred pounds
sterling, clear of debt.
No person, having served two years as governor, shall
be re-eligible to that office, till after the expiration of four
years.
No person shall hold the office of governor, and any other
office or commission, civil or military, except in the militia,
either in this state, or under any state, or the United States, or
any other power, at one and the same time.
III. A lieutenant governor shall be chosen, at the same time,
in the same manner, continue in office for the same period, and
be possessed of the same qualifications as the governor.
IV. A member of the Senate, or House of Representatives,
being chosen, and acting as governor or lieutenant governor,
shall vacate his seat, and another person shall be elected in his
stead.
V. In case of the impeachment of the governor, or his re--
moval from office, death, resignation, or absence from the state,
the lieutenant governor shall succeed to his office. And in case
of the impeachment of the lieutenant governor, or his removal
from office, death, resignation, or absence from the state, the
president of the Senate shall succeed to his office, till a nomi-
nation, to those offices respectively, shall be made by the Sen-
ate and House of Representatives, for the remainder of the
time, for which the officer, so impeached, removed from office,
dying, resigning, or being absent, was elected.
196
THE FREEMAN'S GUIDE.
:
VI. The governor shall be commander in chief of the army
and navy of this state, and of the militia, except when they shall
be called into the actual service of the United States.
VII. He shall have power to grant reprieves and pardons,
after conviction, except in cases, of impeachment, in such man-
ner, on such terms, and under such restrictions, as he shall
think proper; and he shall have power to remit fines and for-
feitures, unless otherwise directed by law.
VIII. He shall take care that the laws be faithfully executed
in mercy.
IX. He shall have power to prohibit the exportation of pro-
vision, for any time, not exceeding thirty days.
X. He shall, at stated times, receive, for his services, a com-
pensation, which shall neither be increased or diminished du-
ring the period for which he shall have been elected.
XI. All officers in the executive department, when required.
by the governor, shall give him information, in writing, upon
any subject relating to the duties of their respective offices.
XIL. The governor shall, from time to time, give to the Ge-
neral Assembly information of the condition of the state, and
recommend to their consideration such measures as he shall
julgo necessary or expedient.
XIII. He may, on extraordinary occasions, convene the Ge-
neral Assembly, and in case of disagreement between the two
Houses with respect to the time of adjournment, adjourn them
to such time as he shall think proper, not beyond the fourth
Monday in the month of November then ensuing..
ARTICLE III.
I. THE judicial power shall be vested in such superior and
inferior courts of law and equity, as the Legislature shall, from
time to time direct and establish.
The judges of each shall hold their commissions during good
behavior; and judges of the superior courts shall, at stated
times, receive a compensation for their services, which shall
neither be increased or diminished during their continuance in
office; but they shall receive no fees or perquisites of office, nor
hold any other office of profit or trust, under this state, the Uni-
ted States, or any other power.
II. The style of all processes shall be, the State of South-Ca-
rolina.-All prosecutions shall be carried on in the name and.
by the authority of the state of South-Carolina, and conclude-
against the peace and dignity of the same.
ہو
SOUTII-CAROLINA.
194
ARTICLE IV.
ALL persons, who shall be chosen or appointed to any office
of profit or trust, before entering on the execution thereof, shall
take the following oath, "I do swear, [or affirm] that I am duly
qualified, according to the Constitution of this state, to exercise
the office, to which I have been appointed, and will, to the best
of my abilities, discharge the duties thereof, and preserve, pro-
tect, and defend the Constitution of this state, and of the United
States.
ARTICLE V.
I. THE House of Representatives shall have the sole pow-
er of impeaching; but no impeachment shall be made unless,
with the concurrence of two thirds of the House of Represen-
tatives.
II. All impeachments shall be tried by the Senate. When
sitting for that purpose, the senators shall be on oath or affirma-
tion; and no person shall be convicted without the concurrence
of two thirds of the members present.
III. The governor, lieutenant governor, and all the civil offi-
cers, shall be liable to impeachment, for any misdemeanor in
office; but judgment in such cases, shall not extend further
than to a removal from office, and disqualification to hold any
office of honor, trust, or profit, under this state. The party
convicted shall nevertheless be liable to indictment, trial, judg
ment, and punishment according to law.
ARTICLE VI.
I. THE judges of the superior courts, commissioners of the trea-
sury, secretary of the state, and surveyor general, shall be elect-
ed by the joint ballot of both Houses, in the House of Represen-
tatives. The commissioners of the treasury, secretary of this
state, and surveyor general, shall hold their offices for four
years: but shall not be eligible again for four years, after the
expiration of the time for which they shall have been elected.
II. All other officers shall be appointed as they hitherto have:
been, until otherwise directed by law; but sheriffs shalt hold.
their offices for four years, and not be again eligible, for four
years after the term for which they shall have been clected,
►
III. Ail commissions shall be in the name, and by the autho
rity of the state of South-Carolina, and be sealed with the seal
of the state, and be signed by the governor.
ARTICLE VII.
ALL laws, of force, in this state, at the passing of this Con-
stitution, shall so continue, until altered or repealed by the Le-
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gislature, except where they are temporary, in which case they
shall expire, at the times respectively limited for their duration,
if not continued by act of the Legislature.
ARTICLE VIII.
I. THE free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall, for-
ever hereafter, be allowed within this state to all mankind; pro-
vided, that the liberty of conscience, thereby declared, shall not
be so construed as to excuse acts of licentiousness, or justify
practices inconsistent with the peace or safety of this state.
II. The rights, privileges, immunities, and estates of both
civil and religious societies, and of corporate bodies, shall re-
main as if the Constitution of this state had not been altered or
amended,
ARTICLE IX.
I. ALL power is originally vested in the people; and all free
governments are founded on their authority, and are instituted
for their peace, safety and happiness.
II. No freeman of this state, shall be taken or imprisoned,
or disseised of his freehold, liberties or privileges, or outlawed,
or exiled, or in any manner destroyed, or deprived of his life,
liberty, or property, but by the judgment of his peers, or by
the law of the land; nor shall any bill of attainder ex post facto
law, or law impairing the obligation of contracts, ever be pass-
ed by the Legislature of this state.
III. That the military shall be subordinate to the civil
power.
IV. Excessive bail shall not be required, nor excessive fines
imposed, nor cruel punishments inflicted.
V. The Legislature shall not grant any title of nobility, or
hereditary distinction, nor create any office, the appointment
to which shall be for any longer time, than during good be-
havior.
VI. The trial by jury, as heretofore used in this state, and
the liberty of the press, shall be forever inviolably perserved.
ARTICLE X.
I. THE business of the treasury shall be, in future, con-
ducted by two treasurers, one of whom shall hold his office,
and reside at Columbia; the other shall hold his office, and re-
side in Charleston.
II. The secretary of state, and surveyor general, shall hold
their offices both in Columbia and Charleston. They shall re-
side at one place, and their deputies at the other.
SOUT 1-CAROLINA.
199
III. At the conclusion of the circuits, the judges shall meet
and sit at Columbia, for the purpose of hearing and determin-
ing all motions, which may be made for new trials, and in ar-
rest of judgments, and such points of law, as may be submitted
to them From Columbia, they shall proceed to Charleston,
and there hear and determine all such motions for new trials,
and in arrest of judgment, and such points of law, as may be
submitted to them.
IV. The governor shall always reside during the sitting of
the Legislature, at the place where their session may be held;
and at all other times, wherever, in his opinion, the public good
may require.
V. The Legislature shall, as soon as may be convenient,
pass laws, for the abolishing of the rights of primogeniture,
and for giving an equitable distribution of the real estate of in-
testates.
ARTICLE XI.
No convention of the people shall be called, unless by the
concurrence of two thirds of both branches of the whole repre-
sentation.
No part of this Constitution shall be altered, unless a bill to
alter the same, shall have been read three times in the House
of Representatives, and three times in the Senate, and agreed
to by two thirds of both branches of the whole representation;
neither shall any alteration take place, until the bill so agreed
to, be published three months, previous to a new election for
members to the House of Representatives; and if the altera-
tion, proposed by the Legislature, shall be agreed to, in their
first session, by two thirds of the whole representation in both
branches of the Legislature, after the same shall have been
read three times, on three several days in each House, then
and not otherwise, the same shall become a part of the Con-
stitution.
Done in convention at Columbia, in the state of South-Ca-
rolina, the third day of June, in the year of our Lord 1790,
and in the fourteenth year of the Independence of the
United States of America.
By the unanimous order of the convention,
CHARLES PINCKNEY, Pres.
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( 200 )
GEORGIA,
The Constitution, as revised, amended and compiled, by the
Convention of the State, at Louisville, on the 30th day of
May, 1798.
ARTICLE I.
SECTION I.
THE legislative, executive and judiciary departments of go-
vernment, shall be distinct, and cach department shall be con-
fided to a separate body of magistracy; and no person, or col-
lection of persons, being of one of those departments, shall ex-
ercise any power properly attached to either of the others, ex-
cept in the instances herein expressly permitted.
SECT. II. The legislative power shall be vested in two sepa-
rate and distinct branches, to wit, a Senate and House of Re-
presentatives, to be styled, "The General Assembly.”
SECT. III. The Senate shall be elected annually, on the first
Monday in November, until such day of election be altered by
law; and shall be composed of one member from each county,
to be chosen by the electors thereof..
SECT. IV. No person shall be a senator, who shall not have
attained to the age of twenty-five years; and have been nine
years a citizen of the United States, and three years an inhabi-
tant of this state, and shall have usually resided within the
county for which he shall be returned, at least one year imme-
diately preceding his election, (except persons who may have
been absent on public business of this state, or of the United
States) and is and shall have been possessed in his own right,
of a settled freehold estate of the value of five hundred dollars,
or of taxable property to the amount of one thousand dollars,
within the county, for one year preceding his election; and
whose estate shall, on a reasonable estimation, be fully com-
petent to the discharge of his just debts, over and above that
sum.
SECT. V. The Senate shall elect, by ballot, a president out
of their own body.
SECT. VI. The Senate shall have the sole power to try all
impeachments: When sitting for that purpose, they shall be on
oath or affirmation; and no person shall be convicted, without
the concurrence of two thirds of the members present: Judg--
ment, in cases of impeachment, shall not extend further than
GEORGIA.·
201
removal from office, and disqualification to hold and enjoy any
office of honor, trust or profit, within this state; but the party
convicted shall, nevertheless, be subject to indictment, trial,
judgment, and punishment, according to law.
SECT. VII. The House of Representatives shall be composed
of members from all the counties which now are, or hereafter
may be, included within this state, according to their respective
numbers of free white persons, and including three fifths of all
the people of color: The actual enumeration shall be made
within two years, and within every subsequent term of seven
years thereafter, at such time, and in such manner, as this con-
vention may direct: Each county, containing three thousand
persons, agreeably to the foregoing plan of enumeration, shall
be entitled to two members, seven thousand to three members,
and twelve thousand to four members; but each county shall
have at least one, and not more than four members; the repre-
sentatives shall be chosen annually, on the first Monday in No-
vember, until such day of election be altered by law: Until the
aforesaid enumeration shall be made, the several counties shall
be entitled to the following number of representatives, respec-
tively: Camden, two; Glynn, two; Liberty, three; M'Intosh,
two; Bryan, one; Chatham, four; Effingham, two; Scriven,
two; Montgomery, two; Burke, three; Bulloch, one; Jeffer-
son, three; Lincoln, two; Elbert, three; Jackson, two; Rich-
mond, three; Wilkes, four; Columbia, three; Warren, three;
Washington, three; Hancock, four; Green, three; Oglethorpe,
three; and Franklin, two.
SECT. VIII. No person shall be a representative who shall
not have attained to the age of twenty-one years, and have been
seven years a citizen of the United States, three years an in-
habitant of this state, and have usually resided in the county in
which he shall be chosen, one year immediately preceding his
election, (unless he shall have been absent on public business
of this state or of the United States) and shall be possessed,
in his own right, of a settled freehold estate of the value of two
hundred and fifty dollars, or of taxable property to the amount
of five hundred dollars, within the county, for one year preceding
his election; and whose estate shall, on a reasonable estimation,
be competent to the discharge of his just debts, over and above
that sum.
SECT. IX. The House of Representatives shall choose their
speaker and other officers.
SECT.x. They shall have solely the power to impeach all
persons who have been or may be in office.
SECT. XI. No person holding any military commission, or
other appointment having any emolument or compensation an-
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nexed thereto, under this state or the United States, or either
of them, except justices of the inferior court, justices of the
peace, and officers of the militia, nor any person who has had
charge of public moneys belonging to the state unaccounted for
and unpaid, or who has not paid all legal taxes or contributions
to the government, required of him, shall have a seat in either
branch of the General Assembly; nor shall any senator or re-
presentative be elected to any office or appointment by the Le-
gislature, having any emoluments or compensation annexed
thereto, during the time for which he shall have been elected,
with the above exceptions, unless he shail decline accepting
his seat by notice to the executive, within twenty days after he
shall have been elected; nor shall any member, after having
taken his seat, be eligible to any of the aforesaid offices or ap-
pointments during the time for which he shall have been elected.
SECT. XII. The meeting of the General Assembly shall be
annually, on the second Teusday in January, until such day of
meeting be altered by law; a majority of each branch shall be
authorized to proceed to business; but a smaller number may
adjourn from day to day, and compel the attendance of their
members, in such manner as each House may prescribe.
SECT. XIII. Each House shall be the judges of the elections,
returns and qualifications of its own members, with powers to ex-
pel or punish by censuring, fining and imprisoning, or either, for
disorderly behavior, and may expel any person convicted of
any felonious or infamous offence; each House may punish by
imprisonment, during session, any person, not a member, who
shall be guilty of disrespect by any disorderly or contemptuous
behavior in its presence, or who, during session, shall threaten
harm to the body or estate of any member, for any thing said
or done in either House, or who shall assault any of them there-
for; or who shall assault or arrest any witness, in going to, or
returning from, or who shall rescue any person arrested by or-
der of either House.
SECT. XIV. No senator or representative shall be liable to
be arrested during his attendance on the General Assembly, or
for ten days previous to its sitting, or for ten days after the rising
thereof, except for treason, felony, or breach of the peace; nor
shall any member be liable to answer for any thing spoken in de-
bate in either House, in any court or place elsewhere; but shail
nevertheless be bound to answer for perjury, bribery or cor-
ruption.
SECT. XV. Each House shall keep a journal of its proceed-
ings, and publish them immediately after their adjournment;
and the yeas and nays of the members on any question, shall,
at the desire of any two members, be entered on the journals.
GEORGIA.
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SECT. XVI. All bills for raising revenue or appropriating
moneys, shall originate in the House of Representatives; but the
Senate shall propose or concur with amendments, as in other
bills.
SECT. XVII. Every bill shall be read three times and on three
separate days, in each branch of the General Assembly, before
it shall pass, unless in cases of actual invasion or insurrection;
nor shall any law or ordinance pass containing any matter differ-
ent from what is expressed in the title thereof; and all acts shall
be signed by the president in the Senate, and speaker in the
House of Representatives: No bill or ordinance which shall have
been rejected by either House, shall be brought in again during
the session, under the same or any other title, without the con-
sent of two thirds of each branch.
SECT. XVIII. Each senator and representative before he be
permitted to take his seat, shall take an oath or make affirma-
tion, that he hath not practised any unlawful means, either di-
rectly or indirectly; to procure his election; and every person
shall be disqualified from serving as a senator or representa-
țive, for the term for which he shall have been elected, who
shall be convicted of having given or offered any bribe or treat,
or canvassed for such election; and every candidate employing
like means, and not elected, shail, on conviction, be ineligible
to hold a seat in either House, or to hoid any office of honor or
profit for the term of one year, and to such other disabilities or
penalties as may be prescribed by law.
SECT. XIX. Every member of the Senate, or House of Re-
presentatives, shall, before he takes his seat, take the following
oath or affirmation, to wit: "I, A B, do solemnly swear or at-
firm, (as the case may be) that I have not obtained my election
by bribery, treats, canvassing, or other undue or unlawful
means, used by myself, or others by my desire or approbation,
for that purpose; that I consider myself constitutionally quali-
fied as a senator or representative; and that on all questions
and measures which may come before me, I will give my vote,
and so conduct myself, as may, in my judgment, appear most
conducive to the interest and prosperity of this state; and I will
bear true faith and allegiance to the same; and to the utmost of
my power and ability observe, conform to, support and defend,
the Constitution thereof."
SECT. XX. No person, who hath been or may be convicted of
felony, before any court of this state, or any of the United States,
shall be eligible to any office or appointment of honor, profit
or trust within this state.
SECT. XXI. Neither House during the session of the Gene-
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ral Assembly, shall, without the consent of the other, adjourn
for more than three days, nor to any other place, than that at
which the two branches shall be sitting; and in case of disa-
greement between the Senate and House of Representatives,
with respect to their adjournment, the governor may adjourn
them.
SECT. XXII. The General Assembly shall have power to
make all laws and ordinances, which they shall deem necessa-
ry and proper for the good of the state, which shall not be re-
pugnant to this Constitution.
SECT. XXIII. They shall have power to alter the boundaries
of the present counties, and to lay off new ones, as well out of
the counties already laid off, as out of the other territory belong-
ing to the state; but the property of the soil, in a free govern-
ment, being one of the essential rights of a free pcople, it is ne-
cessary, in order to avoid disputes, that the limits of this state
should be ascertained with precision and exactness; and this
convention, composed of the immediate representatives of the
people, chosen by them to assert their rights, and to revise the
powers given by them to the government, and from whose
will, all ruling authority of right flows, doth assert and declare,
the boundaries of this state shall be as follow: That is to say,
the limits, boundaries, jurisdictions and authority, of the state
of Georgia, do, and did, and of right ought to extend from the
sea or mouth of the river Savannah, along the northern branch
or stream thereof, to the fork or confluence of the rivers now
called Tugalo and Keowee, and from thence along the most
northern branch or stream of the said river Tugalo, till it in-
tersect the northern boundary line of South-Carolina. If the
said branch or stream of Tugalo extends so far north, reserv-
ing all the islands in the said rivers Savannah and Tugalo to
Georgia; but if the head spring or source of any branch or
stream of the said river Tugalo, does not extend to the north
boundary line of South-Carolina, then a west line to the Missis-
sippi, to be drawn from the head spring or source of the said
branch or stream of Tugalo river, which extends to the highest
northern latitude; thence down the middle of the said river
Mississippi, until it shall intersect the northernmost part of the
thirty-first degree of north latitude; south by a line drawn due
east, from the termination of the line last mentioned, in the la-
titude of thirty-one degrees north of the equator, to the middle
of the river Apalachicola or Chatahoochee; thence along the
middle thereof, to its junction with Flint river; thence straight
to the head of St. Mary's river; and thence along the middle
of St. Mary's river to the Atlantic ocean; and from thence to
1
1
GEORGIA.
205
the mouth or inlet of Savannah river, the place of beginning.
Including and comprehending all the lands and waters within
the said limits, boundaries and jurisdictional rights; and also,
all the islands within twenty leagues of the sea coast. And this
convention doth further declare and assert, that all the territory
without the present temporary line and within the limits afore-
said, is now, of right, the property of the free citizens of this
state, and held by them in sovereignty, inalienable but by their
consent: Provided nevertheless, That nothing herein contain-
ed shall be construed, so as prevent a sale to, or contract with
the United States, by the Legislature of this state, of, and for all
or any part of the western territory of this state, lying westward
of the river Chatahoochee, on such terms as may be beneficial
to both parties; and may procure an extension of settlement,
and extinguishment of Indian claims, in and to the vacant ter-
ritory of this state, to the east and north of the said river Chata-
hoochee, to which the territory, such power of contract or sale,
by the Legislature, shall not extend: And provided also, The
Legislature may give its consent to the establishment of one
or more governments westward thereof: but monopolies of
land by individuals, being contrary to the spirit of our free go-
vernment, no sale of territory of this state, or any part thereof,
shall take place to individuals or private companies, unless a
county or counties, shall have been first laid off, including such
territory, and the Indian rights shall have been extinguished
thereto.
SECT. XXIV. The foregoing section of this article having
declared the common rights of the free citizens of this state,
in and to all the territory without the present temporary boun-
dary line, and within the limits of this state, thereby defined, by
which the contemplated purchases of certain companies of a
considerable portion thereof, are become constitutionally void;
and justice and good faith require, that the state should not de-
tain a consideration for a contract, which has failed; the Legis-
lature, at their next session, shall make provision, by law, for
returning to any person or persons, who has or have bona fide
deposited moneys for such purchases in the treasury of this
state: Provided,That the same shall not have been drawn there-
from in terms of the act, passed the thirteenth day of February,
one thousand seven hundred and ninetysix, commonly called the
rescinding act, or the appropriation laws of the years one thou-
sand seven hundred and ninety-six and one thousand seven
hundred and ninety-seven: nor shall the moneys paid for such
purchases ever be deemed a part of the funds of this state, or
be liable to appropriation as such; but until such moneys be
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1
drawn from the treasury, they shall be considered altogether at
the risk of the persons who have deposited the same. No.
money shall be drawn out of the treasury, or from the public
funds of this state, except by appropriation made by law; and a
regular statement and account, of the receipts and expenditures.
of all public moneys, shall be published from time to time. No
vote, resolution, law or order, shall pass the General Assembly,
granting a donation or gratuity in favor of any person. what-
ever, but by the concurrence of two thirds of the General As-
sembly.
-
SECT XXV. It shall be the duty of the justices of the inferior
court, or any three of them in each county respectively, within
sixty days after the adjournment of this convention, to appoint
one or more fit persons in each county, not exceeding one for
each battalion district, whose duty it shall be to take a full and
accurate census or enumeration, of all free white persons, and
people of color, residing therein, distinguishing, in separate co-
lumns, the free white persons from persons of color, and return
the same to the clerks of the superior courts of the several
counties, certified under their hands, on or before the first day
of December next-the persons so appointed, being first seve-
rally sworn before the said justices, or either of them, duly and
faithfully to perform the trust reposed in them; and it shall be
the duty of the said clerks, to transmit all such returns, under
seal, directed to the speaker of the House of Representatives,
at the first session of the Legislature thereafter.—And it shall
be the duty of the General Assembly, at their said first session,
to apportion the members of the House of Representatives
among the several counties, agreeably to the plan prescribed
by this Constitution, and to provide an adequate compensation
for the taking of the said census. Every person whose usual
place of abode shall be in any family on the first Monday in Ju-
Ïy next, shall be returned as of such family, and every person,
occasionally absent at the time of taking the enumeration, as
belonging to that place in which he usually resides. The Ge-
neral Assembly shall, by law, direct the manner of taking such
Census or enumeration, within every subsequent term of seven
years, in conformity to this Constitution. And it is declared to be
the duty of all officers, civil and military, throughout this state, to
be aiding and assisting in the true and faithful execution thereof.
In case the justices of the inferior courts should fail to make
such appointments, or if there should not be a sufficient number
of such justices in any county, then the justices of the peace,or any
three of them, shall have and exercise like powers and autho-
rity respecting the said censes; and if the census or enumera-
GEORGIA.
201
tion of any county shall not be so taken and returned, then, and
in that case, the General Assembly shall apportion the repre-
sentation of such county, according to the best evidence in their
power, relative to its population.
ARTICLE II.
SECT. I. THE executive power shall be vested in a gover-
nor, who shall hold his office during the term of two years, and
until such time as a successor shall be chosen and qualified; he
shall have a competent salary established by law, which shall
not be increased or diminished during the period for which he
shall have been elected; neither shall he receive, within that,
period, any other emolument from the United States, or either
of them, or from any foreign power.
SECT. II. The governor shall be elected by the General As-
sembly, at their second annual session after the rising of this
convention and at every second annual session thereafter, on the
second day after the two Houses shall be organized and cem-
petent to proceed to business.
SECT. IH. No person shall be eligible to the office of go-
vernor, who shall not have been a citizen of the United States
twelve years, and an inhabitant of this state six years, and who
hath not attained to the age of irty years, and who does not
possess five hundred acres of land, in his own right, within this
state, and other property to the amount of four thousand dol
lars, and whose estate shall not, on a reasonable estimation, be
competent to the discharge of his debts over and above that
sum.
SECT. IV. In case of the death or resignation, or disability of
the governor, the president of the Senate shall exercise the
executive powers of government, until such disability be re-
moved, or until the next meeting of the General Assembly.
SECT, V. The governor shall, before he enters on the duties
of his office, take the following oath or affirmation: "I do so-
lemnly swear or affirm, (as the case may be,) that I will faith-
fully execute the office of governor of the state of Georgia; and
will, to the best of my abilities, preserve, protect and defend
the said state, and cause justice to be executed in mercy there-
in, according to the constitution and laws thereof."
SECT. VI. He shall be commander in chief of the army and
navy of this state, and of the militia thereof.
SECT. VII. He shall have power to grant reprieves for offen-
ces against the state, except in cases of impeachment, and to
grant pardons, or to remit any part of a sentence, in all cases
after conviction, except for treason or murder, in which case
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he may respite the execution, and make report thereof to the
next General Assembly, by whom a pardon may be granted.
SECT. VIII. He shall issue writs of election to fill up all va-
cancies that happen in the Senate and House of Representatives;
and shall have power to convene the General Assembly on ex-
traordinary occasions; and shall give them, from time to time,
information of the state of the republic, and recommend to their
consideration snch measures as he may deem necessary and
expedient,
SECT. IX. When any office shall become vacant by death,
resignation, or otherwise, the governor shall have the power to
fill such vacancy; and persons so appointed, shall continue in
office until a successor is appointed, agreeably to the mode
pointed out by this Constitution or by the Legislature:
SECT. X. He shall have the revision of all bills passed by
both Houses, before the same shall become laws, but two thirds
of both Houses may pass a law notwithstanding his dissent: and
if any bill should not be returned by the governor within five
days after it hath been presented to him, the same shall be a
law, unless the General Assembly, by their adjournment, shall
prevent its return.
SECT. XI. Every vote, resolution, or order, to which the con-
currence of both Houses may be necessary, except on a ques-
tion of adjournment, shall be presented to the governor; and
before it shall take effect, be approved by him; or, being dis-
approved, may be re-passed by two thirds of both Houses, ac-
cording to the rules and limitations prescribed in case of a bill.
SECT. XIX. There shall be a secretary of the state, a treasur-
er, and a surveyor general, appointed in the same manner, and
at the same session of the Legislature, and they shall hold their
offices for the like period as the governor, and shall have a
competent salary, including such emoluments as may be esta-
blished by law, which shall not be increased or diminished du-
ring the period for which they shall have been elected.
any
:
SECT. XIII. The great seal of the state shall be deposited in
the office of the secretary of state, and shall not be affixed to
instrument of writing, but by order of the governor or Ge-.
neral Assembly; and the General Assembly shall, at their first
session, after the rising of this convention, cause the great seal
to be altered, by law.
SECT. XIV. The governor shall have power to appoint his
own secretaries.
ARTICLE III.
SECT. 1. THE judicial powers of this state shall be vested in
a superior court, and in such inferior jurisdictions as the Legis-
GEORGIA.
209
lature shall, from time to time ordain and establish. The judges
of the inferior courts shall be clected for the term of three
years, removable by the governor on the address of two thirds
of both Houses for that purpose, or by impeachment and con-
viction thereon. The superior court shall have exclusive and
final jurisdiction in all criminal cases, which shall be tried in
the county wherein the crime was committed, and in all cases
respecting titles to land, which shall be tried in the county
where the land lies; and shall have power to correct errors in
inferior judicatories by writs of certiorari, as well as errors in
the superior courts, and to order new trials on proper and legal
grounds: Provided, That such new trials shall be determin-
ed, and such errors corrected, in the superior court of the
county in which such action originated. And the said court
shall also have appellate jurisdiction in such other cases as
the Legislature may by law direct, which shall in no case tend
to remove the cause from the county in which the action ori-
ginated; and the judges thereof, in all cases of application for
new trials, or correction of errors, shall enter their opinions
on the minutes of the court. The inferior courts shall have
cognizance of all other civil cases, which shall be tried in
the county wherein the defendant resides, except in cases
of joint obligors, residing in different counties, which may
be commenced in either county; and a copy of the petition
and process, served on the party or parties residing out of
the county in which the suit may be commenced, shall be
deemed sufficient service, under such rules and regulations
as the Legislature may direct; but the Legislature may, by law,
to which two thirds of each branch shall concur, give con-
current jurisdiction to the superior courts. The superior and
inferior courts shall sit in cach county twice in every year, at
such stated times as the Legislature shall appoint.
SECT. II. The judges shall have salaries, adequate to their
services, established by law, which shall not be increased or di-
minished during their continuance in office; but shall not re-
ceive any other perquisites or emoluments whatever, from par-
ties or others, on account of any duty required of them.
SECT. III. There shall be a state's attorney and solicitors ap-
pointed by the Legislature, and commissioned by the governor,
who shall hold their offices for the term of three years, unless
removed by sentence on impeachment, or by the governor, on
the address of two thirds of each branch of the General Assem-
bly. They shall have salaries adequate to their services, esta-
blished by law, which shall not be increased or diminished du-
ring their continuance in office.
2 S
210
THE FREEMAN'S GUIDE.
SECT. IV. Justices of the inferior courts shall be appointed by
the General Assembly, and be commissioned by the governor,
and shall hold their commissions during good behavior, or as
long as they respectively reside in the county for which they
shall be appointed, unless removed by sentence on impeach-
ment, or by the governor on the address of two thirds of each
branch of the General Assembly. They may be compensated
for their services, in such manner as the Legislature may by
law direct.
SECT. V. The justices of the peace shall be nominated by
the inferior courts of the several counties, and commissioned
by the governor, and there shall be two justices of the peace in
each captain's district, either or both of whom, shall have pow-
er to try all cases of a civil nature, within their district, where
the debt, or liquidated demand, does not exceed thirty dollars,
in such manner as the Legislature may by law direct. They
shall hold their appointments during good behavior, or until
they shall be removed by conviction on indictment in the su-
perior court, for mal-practice in office, or for any felonious
or infamous crime, or by the governor, on the address of two
thirds of each branch of the Legislature.
- SECT. VI. The powers of a court of ordinary or register of
probates, shall be vested in the inferior courts of each county,
from whose decision there may be an appeal to the superior
court, under such restrictions and regulations as the General
Assembly may by law direct; but the inferior court shall have
power to vest the care of the records and other proceedings.
therein, in the clerk, or such other person as they may appoint,
and any one or more justices of the said court, with such clerk
or other person, may issue citations, and grant temporary let-
ters, in time of vacation, to hold until the next meeting of the
said court; and such clerk or other person may grant marriage
licences.
SECT. VII. The judges of the superior courts, or any one of
them, shall have power to issue writs of mandamus, prohibitions
scire facias, and all other writs which may be necessary for car-
rying their powers fully into effect.
SECT. VIII. Within five years after the adoption of this Con-
stitution, the body of our laws, civil and criminal, shall be re-
vised digested and arranged under proper heads, and promul-
gated in such manner as the Legislature may direct: and no
person shall be debarred from advocating or defending his cause
before any court or tribunal, either by himself or council or
both.
GEORGIA.
211
SECT. IX. Divorces shall not be granted by the Legislature,
until the parties shall have had a fair trial before the superior
court, and a verdict shall have been obtained, authorizing a
divorce upon legal principles. And in such cases, two thirds
of each branch of the Legislature may pass acts of divorce ac-
cordingly.
SECT. X. The clerks of the superior and inferior courts shall
be appointed in such manner as the Legislature may by law
direct, shall be commissioned by the governor, and shail con-
tinue in office during good behavior.
SECT. XI. Sheriffs shall be appointed in such manner as the
General Assembly may by law direct, and shall hold their ap-
pointments for the term of two years, unless sooner removed
by sentence on impeachment, or by the governor, on the ad-
dress of two thirds of the justices of the inferior, court and of
the peace in the county; but no person shall be twice elected
sheriff within any term of four years; and no county officer af-
ter the next election, shall be chosen at the time of electing a
senator or representative.
ARTICLE IV.
SECT. I. The electors of members of the General Assembly,
shall be citizens and inhabitants of this state, and shall have
attained the age of twenty-one years, and have paid all taxes
which may have been required of them, and which they have
had an opportunity of paying, agreeably to law, for the year
preceding the election, and shall have resided six months within
the county: Provided, That in case of invasion, and the inhab-
itants shall be driven from any county, so as to prevent an elec-
tion therein, such refugee inhabitants, being a majority of the
voters of such county, may meet under the direction of any
three justices of the peace thereof, in the nearest county,
not in a state of alarm, and proceed to an election, without
having paid such tax so required of electors, and the persons.
elected thereat, shall be entitled to their seats.
SECT. 11. All elections, by the General Assembly, shall be
by joint ballot of both branches of the Legislature; and when
the Senate and House of Representatives unite for the purpose
of electing, they shall meet in the representative chamber, and
the president of the Senate shall in such cases preside, receive
the ballots, and declare the person or persons elected. In all
elections by the people, the electors shall vote viva voce, until
the Legislature shall otherwise direct.
SECT. III. The general officers of the militia, shall be elect-
ed by the General Assembly, and shall be commissioned by the
"
112
THE FREEMAN'S GUIDE.
governor. All other officers of the militia shall be elected in
such manner as the Legislature may direct, and shall be com-
missioned by the governor; and all militia officers now in com-
mission, and those which may be hereafter commissioned, shall
hold their commissions during their usual residence within the
division, brigade, regiment, battalion, or company, to which
they belong, unless removed by sentence of a court martial, or
by the governor, on the address of two thirds of each branch
of the General Assembly.
SECT. IV. All persons appointed by the Legislature to fill
vacancies, shall continue in office, only so long as to complète
the time for which their predecessors were appointed.
SECT. v. Freedom of the press, and trial by jury, as hereto-
fore used in this state, shall remain inviolate; and no ex post
facto law shall be passed.
SECT. VI. No person, who heretofore has been, or hereaf
ter may be, a collector, or holder of public moneys, shall be
eligible to any office in this state, until such person shall have
accounted for, and paid into the treasury, all sums for which he
may be accountable or liable..
SECT. VII. The person of a debtor, where there is not a
strong presumption of fraud, shall not be detained in prison,
after delivering up bona fide, all his estate, real and personal,
for the use of his creditors, in such manner as shall be hereaf-
ter regulated by law.
SECT VIII. Convictions on impeachments, which have here-
tofore taken place, are hereby released, and persons lying un-
der such convictions, restored to citizenship.
SECT. XI. The writ of habeas corpus shall not be suspended
unless when in case of rebellion, or invasion, the public safety
may require it.
SECT. X. No person within this state, shall, upon any pre-
tence, be deprived of the inestimable privilege of worshipping
God, in a manner agreeable to his own conscience, nor be com-
-pelled to attend any place of worship, contrary to his own faith
and judgment; nor shall he ever be obliged to pay tythes, taxes,
or any other rate, for the building or repairing any place of
worship, or for the maintenance of any minister or ministry, con-
trary to what he believes to be right, or hath voluntary enga-
ged to do. No one religious society shall ever be established in
this state, in preferénce to any other; nor shall any person be
denied the enjoyment of any civil right, merely on account of
his religious principles.
SECT. XI. There shall be no future importation of slaves
into this state, from Africa, or any foreign place, after the first
GEORGIA.
213
day of October next. The Legislature shall have no power to
pass laws for the emancipation of slaves, without the consent of
each of their respective owners, previous to such emancipation.
They shall have no power to prevent emigrants, from either
of the United States to this state, from bringing with them such
persons, as may be deemed slaves, by the laws of any one of
the United States.
SECT. XII. Any person, who shall maliciously dismember or
deprive a slave of his life, shall suffer such punishment as
would be inflicted, in case the like offence had been commit-
ted on a free white person, and on the like proof, except in case
of insurrection by such slave, and unless such death should hap-
pen by accident, in giving such slave moderate correction.
SECT. XIII. The arts and sciences shall be promoted in one
or more seminaries of learning, and the Legislature shall, as
soon as conveniently may be, give such further donations and
privileges, to those already established, as may be necessary
to secure the objects of their institution; and it shall be the
duty of the General Assembly, at their next session, to provide
eff. ctual measures for the improvement and permanent secu-
rity of the funds and endowments of such institutions.
SECT. XIV. All civil officers shall continue in the exercise
of the duties of their several offices, during the periods for
which they were appointed, or until they shall be superseded
by appointments made in conformity to this Constitution: And
all laws, now in force, shall continue to operate, so far as they
are compatible with this Constitution, until repealed; and it
shall be the duty of the General Assembly to pass all neces-
sary laws and regulations, for carrying this Constitution into
full effect.
SECT. XV. No part of this Constitution shall be altered un-
less a bill for that purpose, specifying the alterations intended
to be made, shall have been read three times in the House of
Representatives, and three times in the Senate, on three seve-
ral days, in each House, and agreed to by two thirds of each
House respectively; and when in any such bill shall be passed
in manner aforesaid, the same shall be published at last six
months previous to the next ensuing annual election for
members of the General Assembly; and if such alterations or
any of them so proposed, shail be agreed to in their first ses-
sion thereafter, by two thirds of each branch of the General
Assembly, after the same shall have been read three times, on
three separate days, in each respective House, then, and not
otherwise, the same shall become a part of this Constitution.
214
THE FREEMAN'S GUIDE.
WE, the underwritten delegates of the people of the state
of Georgia, chosen and authorized by them to revise, al-
ter, or amend, the powers and principles of their govern-
ment, do declare, ordain, and ratify, the several articles and
sections contained in the six pages hereunto prefixed as
the Constitution of this state; and the same shall be in ope-
ration from the dáte hereof.
IN TESTIMONY WHEREOF, We, and each of us, respectively,
have hereunto set our hands, at Louisville, the seat of go-
vernment, this thirtieth day of May, in the year of our
Lord one thousand seven hundred and ninety-eight, and
in the twenty-second year of the Independence of the
United States of America; and have caused the great seal
of the state to be affixed thereto.
Article 4th, section. 11th, and first line, the following words
being interlined, to wit." After the first day of October
next."
JARED IRWIN, President,
and Delegate of Washington.
Bryan-Joseph Clay, jun. J. B. Maxwell, John Pray.
Burke-Benjamin Davis, John Morrison, John Milton.
Bullock-James Bird, Andrew E.Wells, Charles M'Call, jun.
Camden James Seagrove, Thomas Stafford.
Chatham-James Jackson, James Jones, George Jones.
Columbia-James Simms, Wa. Drane, James M'Neil.
Effingham-John King, John London, Thomas Polhill.
Elbert-William Barnett, R. Hunt, Benjamin Moseley.
Franklin-A. Franklin, Robert Walters, Thomas Gilbert.
Glynn--John Burnett, John Couper, Thomas Spalding.
Green-G. W. Foster, Jonas Fauche, James Nisbet.
Hancock-Chas. Aibercrombee, Thos. Lamar, Matt. Rabun.
Jefferson Peter J. Carnes, William Fleming, R. D. Gray.
Jackson-George Wilson, James Pittman, Jos. Humpheris.
Liberty-James Cochran, James Powell, James Dunwody.
·Lincoln-Henry Ware, Gibson Wooldridge, Jared Gore.
M'Intosh-John H. M'Intosh, James Gignilliat.
Montgomery-Benjamin Harrison, John Watts, John Jones.
Oglethorpe-John Lumpkin, Thomas Duke, Burwell Pope.
Richmond-Robert Watkins, Abraham Jones.
Scriven-Lewis Lanier, James H. Rutherford, James Oliver.
Washington-John Watts, George Franklin.
Warren-Jolin Lawson, Arthur Fort, W. Stith, jun.
Wilkes---Matthew Talbot, Jesse Mercer, Benj. Taliaferro.
JAMES M. SIMMONS, Secretary,
Attest,
( 215 )
VERMONT.
The Constitution adopted by the Convention, holden at Wind-
sor, July 4th, 1793.
CHAPTER I.
A DECLARATION OF RIGHTS.
ARTICLE I.
THAT all men are born equally free and independent, and
have certain natural, inherent, and unalienable rights, amongst
which are the enjoying and defending life and liberty, acquir
ing, possessing, and protecting property, and pursuing, and ob-
taining happiness and safety: therefore, no male person, born
in this country, or brought from over sea, ought to be holden
by law, to serve any person as a servant, slave, or apprentice,
after he arrives to the age of twenty-one years, nor female in
like manner, after she arrives to the age of eighteen years, un-
less they are bound by their own consent, after they arrive to
such age, or bound by law for the payment of debts, damages,
fines, costs, or the like.
ARTICLE II.
THAT private property ought to be subservient to public
uses when necessity requires it, nevertheless, whenever any
person's property is taken for the use of the public, the owner
ought to receive an equivalent in money.
ARTICLE III.
THAT all men have a natural and unalienable right to wor-
ship Almighty God, according to the dictates of their own con-
sciences and understandings, as in their opinion shall be regu-
lated by the word of God: and that no man ought to, or of right
can be compelled to attend any religious worship, or erect or
support any place of worship, or maintain any minister contrary
to the dictates of his conscience, nor can any man be justly de-
prived or abridged of any civil right as a citizen, on account of
his religious sentiments, or peculiar mode of religious worship;
and that no authority can, or ought to be vested in, or assumed
by, any power whatever, that shall in any case interfere with,
or in any manner control the rights of conscience, in the free
exercise of religious worship. Nevertheless, every sect or de-
216
THE FREEMAN'S GUIDE.
{
nomination of christians ought to observe the sabbath or Lord's
day, and keep up some sort of religious worship, which to them
shall seem most agreeable to the revealed will of God.
ARTICLE IV.
EVERY person within this state ought to find a certain re-
medy, by having recourse to the laws, for all injuries or wrongs
which he may receive in his person, property or character: he
ought to obtain right and justice freely, and without being
obliged to purchase it; completely and without any denial;
promptly and without delay; conformably to the laws.
ARTICLE V.
THAT the people of this state by their legal representatives,
have the sole inherent, and exclusive right of governing and
regulating the internal police of the same.
ARTICLE VI.
THAT all power being originally inherent in, and consequent-
ly derived from the people, therefore all officers of government,
whether legislative or executive, are their trustees and ser-
vants, and at all times, in a legal way accountable to them.
ARTICLE VII.
THAT government is, or ought to be, instituted for the com-
mon benefit, protection and security of the people, nation, or
community, and not for the particular emolument or advantage
of any single man, family, or set of men, who are a part only
of that community; and that the community hath an indubita-
ble, unalienable, and indefeasible right, to reform or alter go-
vernment, in such manner as shall be, by.. that community,
judged most conducive to the public weal.
ARTICLE VIII.
THAT all elections ought to be free and without corruption,
and that all freemen, having a sufficient evidence, common in-
terest with, and attachment to the community, have a right to
elect officers, and be elected into office, agreeably to the regu-
lations made in this Constitution.
ARTICLE IX.
THAT every member of society hath a right to be protected
in the enjoyment of life, liberty, and property, and therefore is
bound to contribute his proportion toward the expense of that
protection, and yield his personal service, when necessary, or
VERMONT.
21
an equivalent thereto, but no part of any person's property can
be justly taken from him, or applied to public uses, without his
own consent, or that of the representative body of the freemen;
nor can any man who is conscientiously scrupulous of bearing
arms, be justly compelled thereto, if he will pay such equiva-
lent; nor are the people bound by any law but such as they have
in like manner assented to, for their common good; and previ-
ous to any law being made to raise a tax, the purpose for which
it is to be raised ought to appear evident to the Legislature, to
be of more service to the community than the money would
be if not collected.
ARTICLE X.
THAT in all prosecutions for criminal offences, a person hath
a right to be heard by himself and his counsel; to demand the
causé and nature of his accusation; to be confronted with the
witnesses; to call for evidence in his favor and a speedy public
trial by an impartial jury of the county; without the unanimous
consent of which jury, he cannot be found guilty; nor can he
be compelled to give evidence against himself; nor can any
person be justly deprived of his liberty except by the laws of
the land, or the judgment of his peers.
ARTICLE XI.
THAT the people have a right to hold themselves, their
houses, papers, and possessions, free from search or seizure; and
therefore warrants, without oath or affirmation first made, af-
fording sufficient foundation for them, and whereby any officer
or messenger may be commanded or required to search sus-
pected places, or to seize any person or persons, his, her, or -
their property, not particularly described, are contrary to that
right, and ought not to be granted.
ARTICLE XII.
THAT when any issue in fact, proper for the cognizance of
a jury is joined in a court of law, the parties have a right to
trial by jury, which ought to be held sacred.
ARTICLE XIII.
THAT the people have a right to freedom of speech, and of
writing and publishing their sentiments, concerning the trans-
actions of government, and therefore the freedom of the press
ought not to be restrained.
T
218
THE FREEMAN'S GUIDE.
ARTICLE XIV.
A
THE freedom of deliberation, speech, and debate, in the Le-
gislature, is so essential to the rights of the people, that it can-
not be the foundation of any accusation or persecution, action
or complaint, in any other court or place whatsoever.
ARTICLE XV.
THE power of suspending laws, or the execution of laws,
ought never to be exercised but by the Legislature, or by autho-
rity derived from it, to be exercised in such particular cases, as
this Constitution, or the Legislature, shall provide for.
ARTICLE XVI:
THAT the people have a right to bear arms for the defence
of themselves and the state--and as standing armies in time of
peace are dangerous to liberty, they ought not to be kept up;
and that the military should he kept under strict subordination
to and governed by the civil power.
ARTICLE XVII.
THAT no person in this state can in any case be subjected
to law martial, or to any penalties or pains by virtue of that
law, except those employed in the army, and the militia in
actual service.
ARTICLE XVIII.
-
THAT frequent recurrence to fundamental principles, and
firm adherence to justice, moderation, temperance, industry,
and frugality, are absolutely necessary to preserve the bless-
ings of liberty, and keep government free; the people ought
therefore, to pay particular attention to these points, in the
choice of officers and representatives, and have a right in a le-
gal way, to exact a due and constant regard to them, from their
legislators and magistrates, in making and executing such laws
as are necessary for the good government of the state.
ARTICLE XIX.
THAT all people have a natural and inherent right to emi-
grate from one state to another that will receive them.
ARTICLE XX.
THAT the people have a right to assemble together to con-
sult for their common good-to instruct their representatives-
and apply to the Legislature for redress of grievances, by ad-
dress, petition, or remonstrance.
!
VERMONT.
219
ARTICLE XXI.
THAT no person shall be liable to be transported out of this
state, for trial for any offence committed within the same.
CHAPTER II.
PLAN OR FRAME OF GOVERNMENT.
SECT. I. THE Commonwealth, or state of Vermont, shall be
governed hereafter, by a governor, or lieutenant governor,
council, and an assembly of the representatives of the freemen
of the same, in manner and form following:
SECT. II. The supreme legislative power shall be vested in
a House of Representatives of the freemen of the common-
wealth, or state of Vermont.
SECT. HI. The supreme executive power shall be vested
in a governor, or, in his absence, a lieutenant governor, and
council.
SECT. IV. Courts of justice shall be maintained in every
county in this state, and also in new counties, when formed;
which courts shall be open for the trial of all causes proper for
their cognizance; and justice shall be therein impartially ad-
ministered, without corruption, or unnecessary delay. The
judges of the supreme court shall be justices of the peace
throughout the state; and the several judges of the county
courts, in their respective counties, by virtue of their office,
except in the trial of such causes as may be appealed to the
county court.
SECT. V. A future Legislature may, when they shall con-
ceive the same to be expedient and necessary, erect a court of
chancery, with such powers as are usually exercised by that
court, or as shall appear for the interest of the commonwealth:
Provided, They do not constitute themselves the judges of the
said court.
SECT. VI. The legislative, executive, and judiciary depart-
ments, shall be separate and distinct, so that neither exercise
the powers properly belonging to the other.
SECT. VII. In order that the freemen of this state might
enjoy the the benefit of election, as equally as may be, each
town within this state, that consists, or may consist of eighty
taxable inhabitants, within one septenary or seven years next
after the establishing thisConstitution, may hold elections there-
in, and chuse each two representatives; and each other inhab-
ited town in this state, may, in like manner, chuse each one
representative, to represent them in General Assembly, during
the said septenary, or seven years; and after that, each inhabited
220
THE FREEMAN'S GUIDE.
town may, in like manner, hold such election, and chuse cach
one representative forever thereafter.
SECT. VIII. The House of Representatives of the freemen of
this state, shall consist of persons most noted for wisdom and
virtue, to be chosen by ballot, by the freemen of every town in
this state, respectively, on the first Tuesday in September an-
nually, forever.
SECT. IX. The representatives so chosen, a majority of whom
shall constitute a quorum for transacting any other business
than raising a state tax, for which two thirds of the members
elected shall be present, shall meet on the second Thursday of
the succeeding October, and shall be styled The General As
sembly of the State of Vermont; they shall have power to chuse
their speaker, secretary of state, their clèrk and other necessa
ry officers of the House-sit on their own adjournments-pre-
pare bills, and enact them into laws-judge of the elections
and qualifications of their own members: they may expel
members, but not for causes known to their own constituents
antecedent to their own elections: they may adminster oaths
and affirmations in matters depending before them-redress,
grievances-impeach state criminals-grant charters of incor-
poration-constitute towns, boroughs, cities, and counties; they
may annually, on their first session after their election, in con-
junction with the council, or oftener if need be, elect judges of
the supreme and several county and probate courts, sheriffs
and justices of the peace; and also with the council may elect
major generals, and brigadier generals, from time, as often as
there shall be occasion; and they shall have all other powers
necessary for the Legislature of a free and sovereign state; but
they shall have no power to add to, alter, abolish, or infringe
any part of this Constitution.
SECT. X. The supreme executive council of this ştate, shall
consist of a governor, lieutenant governor, and twelve persons,
chosen in the following manner, viz.: The freemen of each town
shall, on the day of the election for choosing representatives to
attend the General Assembly, bring in their votes for governor,
with his name fairly written, to the constable, who shall seal
them up, and write on them votes for the governor, and deliver
them to the representatives chosen to attend the General As-
sembly; and at the opening of the General Assembly, there
shall be a committee appointed out of the Council and Assem-
bly, who, after being duly sworn to the faithful discharge of
their trust, shall proceed to receive, sort, and count the votes
for the governor, and declare the person who has the major
part of the votes to be governor for the year ensuing. And if
VERMONT.
221
there be no choice made, then the Council and General As-
sembly, by their joint ballot, shall make choice of a governor,
The lieutenant governor and treasurer shall be chosen in the
manner above directed. And each freeman shall give in twelve
votes for twelve counsellors, in the same manner, and the
twelve highest in noinination shall serve for the ensuing year
as counsellors.
SECT. XI. The governor, and in his absence, the lieutenant
governor, with the council, a major part of whom, including
the governor or lieutenant governor, shall be a quorum to trans-
act business, shall have power to commission all officers and
also to appoint officers, except where provision is, or shall be
otherwise made by law, or this frame of government—and shall
supply every vacancy in any office, occasioned by death or
otherwise, until the office can be filled in the manner directed
by law or this Constitution.
They are to correspond with other states-transact business
with officers of government, civil and military-and to prepare
such business as may appear to them necessary to lay before
the General Assembly. They shall sit as judges to hear and de-
termine on impeachments, taking to their assistance, for advice
only, the judges of the supreme court. And shall have power
to grant pardons and remit fines, in all cases whatsoever, ex-
cept in treason and murder; in which they shall have power to
-grant reprieves, but not to pardon, until after the end of the
next session of Assembly; and except in cases of impeachment,
in which there shall be no remission or mitigation of punish-
ment, but by act of legislation.
+
They are also to take care that the laws be faithfully execu
ted. They are to expedite the execution of such measures as
may be resolved upon by the General Assembly. And they
may draw upon the treasury for such sums as may be appropria-
ted by the House of Representatives. They may also lay embar-
goes, or prohibit the exportation of any commodity, for any
time not exceeding thirty days, in the recess of the House only.
They may grant such licences as shall be directed by law; and
shali have power to call together the General Assembly, when
necessary, before the day to which they shall stand adjourned.
The governor snail be captain general and commander in chief
of the forces of the state, but shall not command in person, ex-
cept advised thereto by the council, and then only so long as
they shall approve thereof. And the lieutenant governor, shail
by virtue of his office, be lieutenant general of all the forces of
the state. The governor, or lieutenant governor, and the coun-
cil, shail meet at the time and place with the General Assem-
i
2 T
222
THE FREEMAN'S GUIDE.
bly; the lieutenant governor shall during the presence of the
commander in chief, vote and act as one of the council: and the
governor, and in his absence, the lieutenant governor, shall, by
virtue of their offices, preside in council, and have a casting but
no other vote. Every member of the council shall be a justice
of the peace for the whole state by virtue of his office. The gov
ernor and council shall have a secretary, and keep fair books
of their proceedings, wherein any counsellor may enter his dis-
sent, with his reasons to support it; and the governor may ap-
point a secretary for himself and his council.
SECT. XII. The representatives having met, and chosen their
speaker and clerk, shall each of them, before they proceed to
business take and subscribe, as well the oath or affirmation of
allegiance hereinafter directed, (except where they shall pro~
duce certificates of their having heretofore taken and subscri-
bed the same) as the following oath or affirmation, viz:
“You
-do solemnly swear (or affirm) that as a member of
this Assembly you will not propose, or assent to any bill,
vote, or resolution, which shall appear to you injurious to
the people, nor do or consent to any act or thing whatever,
that shall have a tendency to lessen or abridge their rights.
and privileges, as declared by the Constitution of this state;
but will, in all things, conduct yourself as a faithful, hon-
est representative, and guardian of the pcople, according
to the best of your judgment and abilities, (in case of an
oath) so help you God. (And in case of an affimation)
under the pains and penalties of perjury,"
SECT. XIa
SECT. XIII. The doors of the House in which the Genera£
Assembly of this commonwealth shall sit, shall be open for the
admission of all persons who behave decently, except only
when the welfare of the state may require them to be shut.
The votes and proceedings of the General As-
sembly shall be printed (when one third of the members think
it necessary) as soon as convenient after the end of each session.
with the yeas and nays on any question, when required by any
member (except where the votes shall be taken by ballot) in
which case every member shall have a right to insert the rea-
sons of his vote upon the minutes.
SECT. XV. The style of the laws of this state in future to be
passed, shall be, It is hereby enacted by the General Assembly
of the state of Vermont.
SECT. XVI. To the end that laws, before they are enacted, may
be more maturely considered, and the inconvenience of hasty
determinations, as much as possible prevented, all bills which
originate in the Assembly, shall be laid before the governor and
1.
VERMONTZ
223
council for their revision and concurrence, or proposals of
amendment; who shall return the same to the Assembly, with
their proposals of amendment, if any, in writing; and if the same
are not agreed to by the Assembly, it shall be in the power of the
governor and council to suspend the passing of such bills untik
the next session of the Legislature. Provided, That if the gove
ernor and council shall neglect or refuse to return any such
bill to the Assembly with written proposals of amendment,
within five days, or before the rising of the Legislature, the
same shall become a law.
SECT. XVII. No money shall be drawn out of the treasury,
unless first appropriated by act of legislation.
SECT. XVIII. No person shall be elected a representative,
until he has resided two years in this state; the last of which
shall be in the town for which he is elected.
SECT. XIX. No member of the Council or House of Repre
sentatives, shall directly or indirectly, receive any fee or re-
ward, to bring forward or advocate any bill, petition, or other
business, to be transacted in the Legislature, or advocate any
cause, as council, in either house of legislation, except when em-
ployed in behalf of the state.
SECT. XX. No person ought, in any case, or in any time, to
be declared guilty of treason or felony, by the Legislature.
SECT. XXI. Every man, of the full age of twenty-one years,
having resided in this state for the space of one whole year next
before the election of representatives, and is of a quiet and
peaceable behavior, and will take the following oath or affir-
mation, shall be entitled to all the privileges of a freeman of
this state.
"You solemnly swear (or affirm) that whenever you give
your vote or suffrage, touching any matter that concerns
the state of Vermont, you will do it so, as in your con-
science you shall judge, will most conduce to the best
good of the same, as established by the Constitution, with-
out fear or favor of any man.
SECT. XXII. The inhabitants of this state shall be trained and
armed for its defence, under such regulations, restrictions, and
exceptions, as Congress, agreeably to the Constitution of the
United States, and the Legislature of this state shall direct.
The several companies of militia shall, as often as vacancies.
happen, elect their captain and other officers, and the captains
and subalterns shall nominate and recommend the field offi-
cers of their respective regiments, who shall appoint their staff
officers.
SECT. XXIII. All commissions shall be in the name of the
..
2248
THE FREEMAN'S GUIDE.
freemen of the state of Vermont, sealed with the state seal,
signed by the governor, and in his absence the lieutenant go-
vernor, and attested by the secretary; which seal shail be kept:
by the governor.
SECT. XXIV. Every officer of state, whether judicial or exe-
cutive, shall be liable to be impeached by the General Assembly,
either when in office, or after his resignation or removal for
mal-administration. All impeachments shall be before the go-
vernor, or lieutenant governor, and council, who shall hear and
determine the same, and may award costs; and no trial or im-
peachment shall be a bar to a prosecution at law,
-
SECT. XXV. As every freeman, to preserve his independence
(if without a sufficient estate) ought to have some profession,
calling, trade, or farm, whereby he may honestly subsist, there
can be no necessity for, nor, use in establishing offices of profit,
the usual effects of which are dependence and servility, unbe-
coming freemen in the possessors or expectants, and faction,
contention and discord among the people. But if any man is
called into public service to the prejudice of his private affairs,
he has a right to a reasonable compensation; and whenever an
office through increase of fees, or otherwise, become so profit-
able as to occasion many to apply for it, the profits ought to be
lessened by the Legislature. And if any officer shall wittingly
and wilfully take greater fees than the law allows him, it shall
ever after disqualify him from holding any office in this state,
until he shall be restored by act of legislation,
SECT. XXVI. No person in this state shall be capable of hold-
Ing or exercising more than one of the following offices, at
the same time, viz.: governor, lieutenant governor, judge of the
supreme court, treasurer of the state, member of the council,
member of the General Assembly, surveyor general, or sheriff.
Nor shall any person, holding any office of profit or trust under
the authority of Congress, be eligible to any appointment in
the Legislature, or of holding any executive or judiciary office
under this state."
SECT. XXVII. The treasurer of the state shall, before the go-
vernor and council, give sufficient security to the secretary of
the state, in behalf of the General Assembly; and each high
sheriff, before the first judge of the county court, to the treasurer
of their respective counties; previous to their respectively en-
tering upon the execution of their offices, in such manner, and
in such sums as shall be directed by the Legislature.
SECT. XXVIII. The treasurer's accounts shall be annually
audited, and a fair state thereof laid before the General Assem-
bly, at their session in October.
SECT. XXIX. Every officer, whether judicial, executive, or
VERMONT...
225
military, in authority under this state, before he enters upon the
execution of his office, shall take and subscribe the following
oath or affirmation of allegiance to this state (unless he shall
produce evidence that he has before taken the same) and also
the following oath or affirmation of office, except military offi-
cers, and such as shall be exempted by the Legislature.
The Oath or Affirmation of Allegiance.
"You do solemnly swear (or affirm) that you will be true
and faithful to the state of Vermont, and that you will not,
directly or indirectly, do any act or thing injurious to the
Constitution or government thereof, as established by con-
vention. (If an oath) so help you God. (If an affirmation)
under the pains and penalties of perjury.
"You
The Oath or Affirmation of Office.
; and
do solemnly swear (or affirm) that you will
faithfully execute the office offor the of
will therein do equal right and justice to all men, to the
best of your judgment and abilities, according to law. (If
an oath) so help you God. (If an affirmation) under the
pains and penalties of perjury."
SECT. XXX. No person shall be eligible to the office of go-
vernor or lieutenant governor, until he shall have resided in
this state four years next preceding the day of his election.
SECT. XXXI. Trials of issues, proper for the cognizance of a
jury in the supreme and county courts, shall be by jury, except
where parties otherwise agree; and great care ought to be
taken to prevent corruption or partiality in the choice and re-
turn or appointment of juries.
SECT. XXXII. All prosecutions shall commence, By the au
thority of the state of Vermont; all indictments shall conclude
with these words, Against the peace and dignity of the state.
And all fines shall be proportioned to the offences.
SECT. XXXIII. The person of a debtor, where there is not
strong presumption of fraud, shall not be continued in prison
after delivering up and assigning over, bona fide, all his estate,
real and personal, in possession, reversion or remainder, for the
use of his creditors, in such manner as shall be hereafter regu-
lated by law. And all prisoners, unless in execution, or com-
mitted for capital offences, when the proof is evident or pre-
sumption great, shall be bailable by sufficient suretics; nor shall
excessive bail be exacted for bailable offences.
SECT. XXXIV. All elections, whether by the people or the
Legislature, shall be free and voluntary: and any elector, who
shall receive any gift or reward for his vote, in meat, drink,
moneys, or otherwise, shall forfeit his right to elect at that
226
THE FREEMAN'S GUIDE.
time, and suffer such other penalty as the law shall direct; and
any person who shall directly, or indirectly, give, promise or
bestow, any such rewards to be elected, shall thereby be ren-
dered incapable to serve for the ensuing year, and be subject
to such further punishment as a future Legislature shall direct.
SECT. xxxv. All deeds and conveyances of land shall be re-
corded in the town clerk's office, in their respective towns;
and for want thereof, in the county clerk's office of the same
county.
SECT. XXXVI. The Legislature shall regulate entails in such
manner as to prevent perpetuities.
SECT. XXXVII. To deter more effectually from the commis-
sion of crimes, by continued visible punishments of long dura-
tion, and to make sanguinary punishments less necessary,
means ought to be provided for punishing by hard labor, those
who shall be convicted of crimes not capital, whereby the cri-
minal shall be employed for the benefit of the public, or for the
reparation of injuries done to private persons: And all persons
at all proper times, ought to be permitted to see them at their
labor.
SECT. XXXVIII. The estates of such persons as may destroy
their own lives, shall not, for that offence, be forfeited, but de-
scend or ascend in the same manner, as if such persons had
died in a natural way. Nor shall any article, which shall acci-
dentally occasion the death of any person, be henceforth
deemed a deodand, or in anywise forfeited on account of such
misfortune.
SECT. XXXIX. Every person, of good character, who comes
to settle in this state, having first taken an oath or affirmation
of allegiance to the same, may purchase, or by other just means
acquire, hold and transfer land, or other real estate; and after one
year's residence, shall be deemed a free denizen thereof, and
entitled to all rights of a natural born subject of this state, ex-
cept that he shall not be capable of being elected governor,-
lieutenant governor, treasurer, counsellor, or representative in
Assembly, until after two years residence.
SECV. XL. The inhabitants of this state shall have liberty in
seasonable times, to hunt and fowl on the lands they hold, and
other lands not enclosed; and in like manner to fish in all
boatable and other waters (not private property) under proper
regulations, to be hereafter made and provided by the General
Assembly.
SECT. XLI. Laws for the encouragement of virtue and pre-
vention of vice and immorality, ought to be constantly kept in
force, and duly executed; and a competent number of schools
VERMONT.
227
1
ought to be maintained in each town, for the convenient in-
struction of youth: And one or more grammar schools be in-
corporated and properly supported in each county in this state.
And all religious societies or bodies of men, that may be here-
after united or incorporated for the advancement of religion
and learning, or for other pious and charitable purposes, shall
be encouraged and protected in the enjoyment of the privi-
leges, immunities, and estates, which they in justice ought to
enjoy, under such regulations as the General Assembly of this
state shall direct.
SECT. XLII. The declaration of the political rights and pri
vileges of the inhabitants of this state, is hereby declared to be
a part of the Constitution of this commonwealth; and ought
not to be violated, on any pretence whatsoever.
SECT. XLIII. In order that the freedom of this common-
wealth may be preserved inviolate forever, there shall be cho-
sen by ballot, by the freemen of this state, on the last Wednes-
day in March, in the year one thousand seven hundred and
ninety-nine, and on the last Wednesday of March in every se-
ven years thereafter, thirteen persons, who shall be chosen in the
same manner the council is chosen, except they shall not be
out of the council or General Assembly, to be called the coun-
cil of censors; who shall meet together on the first Wednes-
day in June next ensuing their election, the majority of whom
shall be a quorum in every case except as to calling a convention
in which two thirds of the whole number elected shall agree, and
whose duty it shall be to enquire, whether the Constitution has
been preserved inviolate in every part during the last septenary,
including the year of their service, and whether the legislative
and executive branches of government have performed their`
duty, as guardians of the people, or assumed to themselves,
or exercised, other or greater powers than they are entitled to
by the Constitution.-They are also to enquire, whether the
public taxes have been justly laid and collected in all parts of
this commonwealth-in what manner the public moneys have
been disposed of-and whether the laws have been duly execu-
ted.-For these purposes they shall have power to send for per-
sons, papers, and records-they shall have authority to pass
public censures, to order. impeachments, and to recommend
to the Legislature the repealing such laws as shall appear to "
them to have been passed contrary to the principles of the Con-
stitution: These powers they shall continue to have for and du-
ring the space of one year from the day of their election, and
no longer. The said council of censors shall also have power
to call a convention, to meet within two years after their sitting,
228
THE FRÉEMAN'S GUIDE
if there appears in them an absolute necessity of amending any
article of this Constitution, which may be defective-explaining
such as may be thought not clearly expressed—and of adding
such as are necessary for the preservation of the rights and hap
piness of the people; but the articles to be amended, and the
amendment proposed, and such articles as are proposed, to be
added or abolished, shall be promulgated at least six months
before the day appointed for the election of such convention, for
the previous consideration of the people, that they may have an
opportunity of instructing their delegates on the subject.
By order of Convention, July 9th, 1793.
THOMAS CHITTENDEN, President."
Attest,
LEWIS R. MORRIS, Secretary.
TENNESSEE.
The Constitution unanimously established in Convention.
WE, the people of the territory of the United States south of
the river Ohio, having a right of admission into the general go-
vernment as a member state thereof, consistent with the Consti-
tution of the United States, and the act of cession 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,
ARTICLE I.
SECT. I. The legislative authority of this state, shall be vested
in a Generał Assembly, which shall consist of a Senate and
House of Representatives, both dependent on the people.
II. Within three years after the first meeting of the General
Assembly, and within every subsequent term of seven years, an
enumeration of the taxable inhabitants shall be made in such
manner as shall be directed by law; the number of representa-
tives shall, at the several periods of making such enumeration,
be fixed by the Legislature, apportioned among the several
counties, according to the number of taxable inhabitants in
each; and shall never be less than twenty-two, nor greater than
twenty-six, until the number of taxable inhabitants shali be
TENNESSEE.
229
forty thousand; and after that event, at such ratio that the
whole number of representatives shall never exceed forty.
III. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the Le-
gislature, and apportioned among the districts, formed as here-
inafter directed, according to the number of taxable inhabitants
in each, and shall never be less than one third, nor more than
one half of the number of representatives.
IV. The senators shall be chosen by districts, to be formed
by the Legislature, each district containing such a number of
taxable inhabitants, as shall be entitled to elect not more than
three senators. When a district shall be composed of two or
more counties, they shall be adjoining, and no county shall be
divided in forming a district.
V. The first election for senators and representatives, shall
commence on the second Thursday of March next, and shall
continue for that and the succeeding day: and the next election
shall commence on the first Thursday of August, one thousand
seven hundred and ninety-seven, and shall continue on that and
the succeeding day; and forever after, elections shall be held
once in two years, commencing on the first Thursday in Au-
gust, and terminating the succeeding day.
VI. The first session of the General Assembly shall com-
mence on the last Monday of March next; the second on the
third Monday of September, one thousand seven hundred and
ninety-seven. And forever after, the General Assembly shall
meet on the third Monday of September next ensuing the then
election, and at no other period, unless as provided for by this
Constitution.
VII. That no person shall be eligible to a seat in the Gene-
ral Assembly, unless he shall have resided three years in the
state, and one year in the county immediately preceding the
election, and shall possess in his own right in the county which
he represents, not less than two hundred acres of land, and
shali have attained to the age of twenty-one years.
VIII. The Senate and House of Representatives, when as-
sembled, shall each choose a speaker and its other officers, be
judges of the qualifications and elections of its members, and
sit upon its own adjournments from day to day. Two thirds of
each House shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be au-
thorized by law to compel the attendance of absent members.
IX. Each House may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the con-
currence of two thirds, expel a member, but not a second time
U
230
THE FREEMAN'S GUIDE.
for the same offence, and shall have all other powers necessary
for the Legislature of a free state.
X. Senators and representatives shall, in all cases, except
treason, felony, or breach of the peace, be privileged from ar-
rest during the session of the General Assembly, and in going
to and returning from the same; and for any speech or debate
in either House, they shall not be questioned in any other
place.
XI. Each House may punish, by imprisonment, during their
session, any person, not a member, who shall be guilty of dis-
respect to the House, by any disorderly or contemptuous beha-
vior in their presence.
XII. When vacancies happen in either House, the gover
nor, for the time being, shall issue writs of election to fill such
vacancies.
XIII. Neither House shall, during their session, adjourn
without consent of the other, for more than three days, nor to
any other place than that in which the two Houses shall be
sitting.
XIV. Bills may originate in either House, but may be amend-
ed, altered, or rejected by the other.
XV. Every bill shall be read three times, on three different
days, in each House, and be signed by the respective speakers
before it become a law.
XVI. After a bill has been rejected, no bill containing the
same substance, shall be passed into a law, during the same
session.
·
XVII. The style of the laws of this state, shall be, Be it
enacted by the General Assembly of the State of Tennessee.
XVII. Each House shall keep a journal of its proceedings,
and publish them, except such parts as the welfare of the state
may require to be kept secret. And the yeas and nays of the
members on any question, shall, at the request of any two of
them, be entered on the journals.
XIX. The doors of each house, and committees of the whole
shall be kept open, unless when the business shall be such as
ought to be kept secret.
XX. The Legislature of this state shall not allow the follow-
ing officers of government greater annual salaries than as fol-
lows, until the year one thousand eight hundred and four, to
wit.
The governor not more than seven hundred and fifty dol-
lars.
The judges of the supreme courts, not more than six hun-
dred dollars each.
TENNESSEE.
231
The secretary not more than four hundred dollars.
The treasurer or treasurers, not more than four per cent.
receiving and paying out all moneys.
for
The attorney or attorneys for the state shall receive a com-
pensation for their services, not exceeding fifty dollars for each
superior court which he shall attend.
No member of the Legislature shall receive more than one
dollar and seventy-five cents per day, nor more for every twen-
ty-five miles he shall travel in going to, and returning from the
General Assembly.
XXI. No money shall be drawn from the treasury, but in
consequence of appropriations made by law.
XXII. No person who heretofore hath been, or hereafter
may be a collector or holder of public moneys, shall have a seat
in either house of the General Assembly, until such person
shall have accounted for, and paid into the treasury, all sums
for which he may be accountable or liable.
XXIII. No judge of any court of law or equity, secretary of.
state, attorney general, register, clerk of any court of record,
or person holding any office under the authority of the United
States, shall have a seat in the General Assembly; nor shall any
person, in this state hold more than one lucrative office at one
and the same time; provided that no appointment in the mili-
tia, or to the office of a justice of the peace, shall be considered
as a lucrative office.
XXIV. No member of the General Assembly shall be eli
gible to any office or place of trust, except to the office of a
justice of the peace, or trustee of any literary institution, where
the power of appointment to such office or place of trust, is
vested in their own body.
XXV. Any member of either house of the General Assem-
bly, shall have liberty to dissent from, and protect against, any
act or resolve which he may think injurious to the public or
any individual, and have the reasons of his dissent entered on
the journals.
XXVI. All-lands liable to taxation, in this state, held by
deed, grant or entry, shall be taxed equal and uniform, in such
manner, that no one hundred acres shall be taxed higher than
another, except town lots, which shall not be taxed higher than
two hundred acres of land each: no freeman shall be taxed
higher than one hundred acres, and no slave higher than two
hundred acres, on each poll.
XXVII. No article manufactured of the produce of this state
shall be taxed otherwise than to pay inspection fees.
!
232
THE FREEMAN'S GUIDE.
ARTICLE II.
I. THE Supreme executive power of this state, shall be vest-
ed in a governor.
II. The governor shall be chosen by the electors. of the mem-
bers of the General Assembly, at the times and places where
they shall respectively vote for the members thereof. The re-
turns of every election for governor shall be sealed up, and
transmitted to the seat of government, by the returning officers,
directed to the speaker of the Senate, who shall open and pub.
lish them in the presence of a majority of the members of each
house of the General Assembly. The person having the highest
number of votes, shall be governor; but if two or more shall be
equal and highest in votes, one of them shall be chosen gover-
nor by joint ballot of both houses of the General Assembly.
Contested elections for governor, shall be determined by both
houses of the General Assembly; in such manner as shall be
prescribed by law.
III. He shall be at least twenty-five years of age, and possess
a freehold estate of five hundred acres of land, and have been
a citizen or inhabitant of this state four years next before his
election, unless he shall have been absent on the public busi-
ness of the United States, or of this state.
IV. The first governor shall hold his office until the fourth
Tuesday of September, one thousand seven hundred and nine-
ty-seven, and until another governor shall be elected and quali-
fied to office; and forever after, the governor shall hold his of-
fice for the term of two years, and until another governor shall
be elected and qualified; but shall not be eligible more than
six years in any term of eight.
V. He shall be commander in chief of the army and navy of
this state, and of the militia, except when they shall be called
into the service of the United States.
VI. He shall have power to grant reprieves and pardons, af-
ter conviction, except in cases of impeachment.
VII. He shall, at stated times, receive a compensation for his
services, which shall not be increased or diminished during the
period for which he shall have been elected.
VIII. He may require information in writing, from the offi-
cers in the executive department, upon any subject relating to
the duties of their respective offices.
IX. He may, on extraordinary occasions, convene the Gene-
ral Assembly by proclamation, and shall state to them, when as-
sembled, the purpose for which they shall have been convened.
X. He shall take care that the laws shall be faithfully exe-
cuted.
TENNESSEE.
233
XI. He shall, from time to time, give to the General As-
sembly information of the state of the government, and recom
mend to their consideration such measures as he shall judge
expedient.
XII. In case of his death, or resignation, or removal from
office, the speaker of the Senate shall exercise the office of go-
vernor until another governor shall be duly qualified.
XIII. No member of congress, or person holding any office
under the United States, or this state, shall execute the office
of governor.
XIV. When any officer, the right of whose appointment is
by this Constitution vested in the General Assembly, shall, du-
ring the recess, die, or his office by other means become vacant,
the governor shall have power to fill up such vacancy by
granting a temporary commission, which shall expire at the
end of the next session of the Legislature.
XV. There shall be a seal of this state, which shall be kept
by the governor, and used by him officially, and shall be called
the great seal of the state of Tennessee.
XVI. All grants and commissious shall be in the name and
by the authority of the state of Tennessee, be sealed with the
state seal, and signed by the governor.
XVII. A secretary of this state shall be appointed and com-
missioned during the term of four years. He shall keep a fair
register of all the official acts and proceedings of the governor;
and shall, when required, lay the same, and all papers, minutes,
and vouchers relative thereto, before the General Assembly,
and shall perform such other duties as shall be enjoined him by
law.
ARTICLE III.
I. EVERY freeman of the age of twenty-one years, and up-
wards, possessing a freehold in the county wherein he may vote,
and being an inhabitant of this state, and every freeman, being
an inhabitant of any one county in the state, six months imme-
diately preceding the day of election, shall be entitled to vote
for members of the General Assembly, for the county in which
he shall reside.
II. Electors shall, in all cases, except treason, felony, or
breach of the peace, be privileged from arrest during their at-
tendance at elections, and in going to and returning from them.
ARTICLE IV.
I. THE House of Representatives shall have the sole power
of impeachment.
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THE FREEMAN'S GUIDE.
II. All impeachments shall be tried by the Senate. When sit-
ting for that purpose, the senators shall be upon oath or affir-…/
mation.
III. No person shall be convicted without the concurrence
of two thirds of the members of the whole House.
IV. The governor, and all civil officers under this state, shall
be liable to impeachment for any misdemeanor in office; but
judgment, in such cases, shall not extend further than removal
from office, and disqualification to hold any office of honor,
trust, or profit, under this state. The party shall, nevertheless,
in all cases, be liable to indictment, trial, judgment, and pu-
nishment, according to law.
ARTICLE V.
I. THE judiciary power of the state shall be vested in such
superior and inferior courts of law and equity, as the Legislature
shall, from time to time, direct and establish.
II. The General Assembly shall, by joint ballot of both.
houses, appoint judges of the several courts of law and equity,
also an attorney or attorneys for the state, who shall hold their
respective offices during good behavior.
III. The judges of the superior court shall, at stated times,
receive a compensation for their services, to be ascertained by
law; but shall not be allowed any fees or perquisites of office,
nor shall they hold any other office of trust or profit under this
state, or the United States.
IV. The judges of the superior court shall be justices of
oyer and terminer and general jail delivery, throughout the
state.
V. The judges of the superior and-inferior courts shall not
charge juries with respect to matters of fact, but may state the
testimony and declare the law.
VI. The judges of the superior courts shall have power, in
all civil cases, to issue writs of certiorari, to remove any cause,
or a transcript thereof, from any inferior court of record into the
superior, on sufficient cause supported by oath or affirmation.
VII. The judges or justices of the inferior courts of law
shall have power, in all civil cases, to issue writs of certiorari,
to remove any cause, or a transcript thereof, from any inferior
jurisdiction into their court, on sufficient cause, supported by
oath or affirmation.
VIII. No judge shall sit on the trial of any cause where the
parties shall be connected with him, by affinity or consanguini-
ty, except by consent of parties. In case all the judges of the
superior court shall be interested in the event of any cause, or
TENNESSEE.
235
related to all or either of the parties, the governor of the state
shall, in such case, specially commission three men, of law
knowledge, for the determination thereof.
IX. All writs and other process, shall run, In the name of the
State of Tennessee; and bear test, and be signed by the respec-
tive clerks. Indictments shall conclude, Against the peace and
dignity of the State.
X. Each court shall appoint its own clerk, who may hold his.
office during good behavior.
XI. No fine shall be laid on any citizen of this state, that
shall exceed fifty dollars, unless it shall be assessed by a jury of
his peers, who shall assess the fine at the time they find the
fact, if they think the fine ought to be more than fifty dollars.
XII. There shall be justices of the peace appointed for each
county, not exceeding two for each captain's company, except
for the company which includes the county town, which shall
not exceed three, who shall hold their offices during good be-
havior.
ARTICLE VI.
I. THERE shall be appointed in each county, by the county
court, one sheriff, one coroner, one trustee, and a sufficient
number of constables, who shall hold their offices for two years.
They shall also have power to appoint one register and ranger
for the county, who shall hold their offices during good beha-
vior. The sheriff and coroner shall be commissioned by the
governor.
II. There shall be a treasurer or treasurers appointed för the
state, who shall hold his or their offices for two years.
III. The appointment, of all offices, not otherwise directed.
by this Constitution, shall be vested in the Legislature.
ARTICLE VII.
I. CAPTAINS, Subalterns, and non-commissioned officers,
shall be elected by those citizens, in their respective districts,
who are subject to military duty.
II. All field officers of the militia shall be elected by those
citizens in their respective counties who are subject to military
duty.
III. Brigadiers general shall be elected by the field officers
of their respective brigades.
IV. Majors general shall be elected by the brigadiers and
field officers of the respective divisions.
V. The governor shall appoint the adjutant general; the ma-
jors general shall appoint their aids; the brigadiers general
shall appoint their brigade majors, and the commanding offi-
cers of regiments, their adjutants and quarter masters.
236
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1
VI. The captains and the subalterns of the cavalry shall be
appointed by the troops enrolled in their respective companies,
and the field officers of the districts shall be appointed by the
said captains and subalterns: Provided, That when any new
county is laid off, that the field officers of the said cavalry shall
appoint the captain and other officers therein, pro tempore, un-
til the company is filled up and completed, at which time the
elections of the captains and subalterns shall take place as
aforesaid.
VII. The Legislature shall pass laws, exempting citizens,
belonging to any sect or denomination of religion, the tenets of
which are known to be opposed to the bearing of arms, from
attending private and general musters.
ARTICLE VIII.
I. WHEREAS, the ministers of the gospel are, by their pro-
fession, dedicated to God and the care of souls, and ought not
to be diverted from the great duties of their functions; there-
fore no minister of the gospel, or priest of any denomination
whatever, shall be eligible to a seat in either House of the Le-
gislature.
II. No person who denies the being of God, or a future
state of rewards and punishments, shall hold any office in the
civil department of this state.
ARTICLE IX.
I. THAT every person who shall be chosen or appointed to
any office of trust or profit, shall, before entering on the execu
tion thereof, take an oath to support the Constitution of this
state, and also an oath of office.
II. That each member of the Senate and House of Repre-
sentatives, shall, before they proceed to business, take an oath
or affirmation to support the Constitution of this state, and also
the following oath,
“I, A B, do solemnly swear (or affirm) that, as a member
of this General Assembly, I will in all appointments vote
without favor, affection, partiality, or prejudice, and that
I will not propose or assent to any bill, vote or resolution,
which shall appear to me injurious to the people, or con-
sent to any act or thing whatever, that shall have a ten-
dency to lessen or abridge their rights and privileges, as
declared by the Constitution of this state.
III. Any elector who shall receive any gift or reward for
his vote, in meat, drink, money, or otherwise, shall suffer such
punishment as the laws shall direct. And any person who shall
TENNESSEE.
237
directly or indirectly give, promise or bestow any such reward
to be elected, shall thereby be rendered incapable, for two
years, to serve in the office for which he was elected, and be
subject to such further punishment as the Legislature shall
direct.
IV. No new county shall be established by the General As-
sembly, which shall reduce the county or counties, or either of
them, from which it shall be taken, to a less content than six
hundred and twenty-five square miles. Nor shall any new
county be laid off, of less contents. All new counties, as to the
right of suffrage and representation, shall be considered as a
part of the county or counties from which it was taken until en-
titled by numbers to the right of representation. No bill shall
be passed into a law, for the establishment of a new county, ex- ·
cept upon a petition to the General Assembly for that purpose,
signed by two hundred of the free male inhabitants within the
limits or bounds of such new county prayed to be laid off.
ARTICLE X.
I. KNOXVILLE shall be the seat of government, until the
year one thousand eight hundred and two.
II. All laws and ordinances now in force and use in this ter-
ritory, not inconsistent with this Constitution, shall continue to
be in force and use in this state, until they shall expire, be al-
tered, or repealed by the Legislature.
III. That whenever two thirds of the General Assembly
shall think it necessary to amend or change this Constitution,
they shall recommend to the electors, at the next election for
members to the General Assembly, to vote for or against a con-
vention; and if it shall appear that a majority of all the citizens
of the state, voting for representatives, have voted for a conven-
tion, the General Assembly shall, at their next session, call a
convention, to consist of as many members as there be in the
General Assembly, to be chosen in the same manner, at the
same place, and by the same electors, that choose the General.
Assembly, who shall meet within three months after the said
election, for the purpose of revising, amending or changing the
Constitution.
IV. The declaration of rights hereto annexed, is declared to
be a part of the Constitution of this state, and shall never be
violated on any pretence whatever. And to guard against trans-
gressions of the high powers which we have delegated, We
declare, that every thing in the bill of rights contained, and eve-
ry other right not hereby delegated, is excepted out of the ge-
neral powers of government, and shall forever remain inviolate
238
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1
:
ARTICLE XI.
A DECLARATION OF RIGHTS.
I. THAT all power is inherent in the people, and all free
g'o-
vernments are founded on their authority, and instituted for
their peace, safety and happiness; for the advancement of those
ends, they have at all times an unalienable and indefeasible
right to alter, reform, or abolish the government in such man-
ner as they may think proper.
II. That government being instituted for the common bene-
fit, the doctrine of non-resistance against arbitrary power, and
oppression is absurd, slavish, and destructive to the good and
happiness of mankind.
III. That all men have a natural and indefeasible right to
worship Almighty God according to the dictates of their own
conscience; that no man can of right be compelled to attend,
erect or support any place of worship, or to maintain any mi-
nistry against his consent, that no human authority can in any
case whatever control or interfere with the rights of conscience;
and that no preference shall ever be given by law to any
reli-
gious establishments or modes of worship.
IV. That no religious test shall ever be required as a quali-
fication to any office or public trust under this state.
V. That élections shall be free and equal.
VI. That the right of trial by jury shall remain inviolate.
VII. That the people shall be secure in their persons,
houses, papers, and possessions, from unreasonable searches,
and seizures, and that general warrants, whereby an officer may
be commanded to search suspected places, without evidence of
the fact committed, or to seize any person or persons, not
named, whose offences are not particularly described and sup-
ported by evidence, are dangerous to liberty, and ought not to
be granted.
VIII. That no freeman shall be taken, imprisoned, or dis-
seised of his freehold, liberties, or privileges, or outlawed, or
exiled, or in any manner destroyed, or deprived of his life,
liberty or property, but by the judgment of his peers, or the law
of the land.
IX. That in all criminal prosecutions, the accused hath a
right to be heard by himself and his counsel, to demand the na-
ture and cause of the accusations against him, and to have a copy
thereof; to meet the witnesses face to face; to have compulsory
process for obtaining witnesses in his favor; and in prosecutions
by indictment, or presentment, a speedy public trial by an im-
partial jury of the county or district in which the crime shall
TENNESSEE
239
have been committed; and shall not be compelled to give evi-
dence against himself.
X. That no person shall, for the same offence, be twice put
in jeopardy of his life or limb.
XI. The laws made for the punishment of facts committed
previous to the existence of such laws, and by them only de-
clared criminal, are contrary to the principles of a free govern-
ment; wherefore no ex post facto law shall be made.
XII. That no conviction shall work corruption of blood or
forfeiture of estate. The estate of such persons as shall des
troy their own lives, shall descend or vest as in case of natural
death. If any person be killed by casualty, there shall be no
forfeiture in consequence thereof.
XIII. That no person arrested or confined in jail, shall be
treated with unnecessary rigor.
:
XIV. That no freeman shall be put to answer any criminal
charge, but bý presentment, indictment or impeachment.
XV. That all prisoners shall be bailable by sufficient sure-
ties unless for capital offences, when the proof is evident or
the presumption great. And the privilege of the writ of habeas
corpus shall not be suspended, unless when in case of rebellion
or invasion, the public safety may require it.
XVI. That excessive bail shall not be required nor exces-
sive fines imposed, nor cruel and unusual punishments inflicted.
XVII. That all courts shall be open; and every man, for an
injury done him in his lands, goods person, or reputation, shall
have remedy by due course of law, and right and justice ad-
ministered without sale, denial or delay. Suits may be brought
against the state in such manner, and in such courts as the Le-
gislature may by law direct, provided the right of bringing suit
be limited to the citizens of this state.
'XVIII. That the person of a debtor, where there is not strong
presumption of fraud, shall not be continued in prison, after de-
livering up his estate for the benefit of his creditor or creditors,
in such manner as shall be prescribed by law.
XIX. That the printing presses shall be free to every per-
son who undertakes to examine the proceedings of the Legis-
Jature, or of any branch or officer of government; and no law
shall ever be made to restrain the rights thereof. The free com-
munication of thoughts and opinions, is one of the invaluable
rights of man; and every citizen may freely speak, write, and print
on any subject, being responsible for the abuse of that liberty:
But in prosecutions for the publications of papers investigating
the official conduct of officers or men in public capacity, the
truth thereof may be given in evidence; and in all indictments-
240
THE FREEMAN'S GUIDE.
for libels, the jury shall have a right to determine the law and
the facts, under the direction of the court, as in other cases.
XX. That no retrospective law, or law impairing the obliga-
tion of contracts, shall be made.
XXI. That no man's particular services shall be demanded,
or property taken, or applied to public use, without the consent
of his representatives, or without just compensation being made
therefor.
XXII. That the citizens have a right in a peaceable manner,
to assemble together for their common good, to instruct their
representatives, and to apply to those invested with the powers
of government for redress of grievances, or other proper pur-
poses, by address or remonstrance.
XXIII. That perpetuities and monopolies are contrary to the
genius of a free state, and shall not be allowed.
XXIV. That the sure and certain defence of a free people is a
well, regulated militia: and as standing armies in time of peace,
are dangerous to freedom, they ought to be avoided, as far as
the circumstances and safety of the community will admit; and
that in all cases the military shall be in strict subordination to
the civil authority.
XXV. That no citizen in this state, except such as are em-
ployed in the army of the United States, or militia in actual ser-
vice, shall be subjected to corporeal punishment under the mar-
tial law.
XXVI. That the freemen of this state have a right to keep
and to bear arms for their common defence.
XXVII. That no soldier shall in time of peace, be quarter-
ed in any house without the consent of the owner, nor in time
of war, but in a manner prescribed by law.
XXVIII. That no citizen of this state shall be compelled to
bear arms, provided he will pay an equivalent, to be ascertain-
ed by law.
XXIX. That an equal participation of the free navigation
of the Mississippi, is one of the inherent rights of the citizens of
this state; it cannot therefore, be conceded to any prince, po-
tentate, power, person or persons whatever.
XXX. That no hereditary emoluments, privileges, or honors
shall ever be granted or conferred in this state.
XXXI. That the people residing south of French Broad
and Hoiston, between the rivers Tennessee and the Big Pigeon,
are entitled to the right of pre-emption and occupancy in that
tract.
XXXII. That the limits and boundaries of this state be as-
certained, it is declared they are as hereafter mentioned; that is
TENNESSEE.
241
the
say:-Beginning on the extreme height of the Stone Moun-
tain, at the place where the line of Virginia intersects it, in lat-
itude thirty six degrees and thirty minutes north-running
thence along the extreme height of the said mountain,
place where Watauga River breaks through it; thence a direct
course to the top of the Yellow Mountain, where Bright's road
crosses the same; thence along the ridge of said mountain,
between the waters of Doe River and the waters of Rock creek
to the place where the road crosses the Iron Mountain; from
thence along the extreme height of said mountain to where
Nolichuky River runs through the same; thence to the top of
the Bald Mountain; thence along the extreme height of said
mountain to the painted Rock, on French Broad River; thence
along the highest ridge of said mountain, to the place where it
is called the Great Iron or Smoky Mountain; thence along the
extreme height of said mountain to the place where it is called
Unicoi or Unaka Mountain, between the Indian towns of Cowee
and Old Chota; thence along the main ridge of the said moun-
tain to the southern boundary of this state, as described in the
act of cession of North-Carolina to the United States of Ameri-
ca; and that all the territory lands and waters lying west of the
said line, as before mentioned, and contained within the char-
tered limits of the state of North-Carolina aré within the boun-
daries and limits of this state, over which the people have the
right of exercising sovereignty and right of soil so far as is con-
sistent with the Constitution of the United States, recognizing
the articles of confederation, the bill of rights and Constitution
of North-Carolina; the cession act of the said state and the or-
dinance of the late congress, for the government of the territory
north west of the Ohio; Provided, Nothing therein contained
shall extend to affect the claim or claims of individuals, to any
part of the soil which is recognized to them by the aforesaid
cession act.
SCHEDULE.
I. That no inconvenience may arise from a change of the
temporary to a permanant state government, it is declared, that
all rights, actions, prosecutions, claims, and contracts, as well
of individuals as of bodies corporate, shall continue, as if no
change had taken piace in the administration of government.
II. All fines, penalties, and forfeitures, due and owing to the
territory of the United States of America south of the river
Ohio, shall enure to the use of the state. All bonds for perform-
ance, executed to the governor of the said territory, shall be
and pass over to the governor of this state, and his success-
ors in office, for the use of the state, or by him or them, re-
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242
THE FREEMAN'S GUIDE.
spectively to be assigned over to the use, of those concerned as
the case may be.
III. The governor, secretary, judges and brigadiers general
have a right, by virtue of the appointments, under the authority
of the United States, to continue in the exercise of the duties of
their respective office, in their several departments, until the
said officers are superseded under the authority of this Constitu-
tion.
IV. All officers, civil and military, who have been appoint-
ed by the governor, shall continue to exercise their respective
offices until the second Monday in June, and until successors
in office shall be appointed under the authority of this Consti-
tution, and duly qualified.
V. The governor shall make use of his private seal, until a
state seal shall be provided.
VI. Until the first enumeration shall be made, as directed
in the second section of the first article of this Constitution, the
several counties shall be respectively entitled to elect one sen-
ator and two representatives: Provided, That no new county
shall be entitled to separate representation previous to taking
the enumeration.
VII. That the next election for representatives and other
officers, to be held for the county of Tennessee, shall be held
at the house of William Miles.
VIII. Until a land office shall be opened, so as to enable the
citizens south of French Broad and Holston, between the rivers
Tennessee and Big Pigeon, to obtain titles upon their claims of
occupancy and pre-emption, those who hold land by virtue of
such claims, shall be eligible to serve in all capacities where a
freehold is by this Constitution made a requisite qualification.
DONE in convention at Knoxville, by unanimous consent, on
the sixth day of February, in the year of our Lord, one
thousand seven hundred and ninety-six, and of the Inde-
pendence of the United States of America, the twentieth.
In testimony whereof, we have hereunto subscribed our names.
WILLIAM BLOUNT, President.
Blount, David Craig, James Greenaway, Joseph Black,
James Houston, Samuel Glass.
Davidson-John M'Nairy, Andrew Jackson, James Robert-
son, Thomas Hardiman, Joel Lewis.
Hawkins James Berry, Joseph M'Min, Thomas Hender-
son, William Cocke, Richard Mitchell.
Summer David Shelby, Isaac Walton, W. Douglass, Ed-
ward Douglass, Daniel Smith.
Sullivan-George Rutledge, William C., C. Claiborne,
Richard Gammon, John Shelby, jun. John Rhea.
KENTUCKY.
243
Greene-Samuel Frazier, Stephen Brooks, William Rankin,
Elisha Baker, John Galbreath.
Jefferson-Alexander Outlaw, Joseph Anderson, George
Doherty, James Roddye, Archibald Roane.
Sevier-Peter Bryan, Samuel Wier, Spencer Clack, John
Clack, Thomas Buckenham.
Tennessee-Thomas Johnston, James Ford, William Fort,
William Prince, Robert Prince.
Washington-John Tipton, Samuel Handly, Lecroy Taylor,
Landon Carter, James Stuart.
Knox-James White, Charles M'Clung, John Crawford,
John Adair.
Attest,
"
WILLIAM MECHLIN, Secretary.
KENTUCKY.
The Constitution or form of Government.
WE, the representatives of the people of the state of Ken-
tucky, in convention assembled, to secure to all the citizens
thereof, the enjoyment of the right of life, liberty and property,
and of pursuing happiness, do ordain and establish this Consti-
tution for its government:
ARTICLE I.
DISTRIBUTION OF THE POWERS OF THE GOVERNMENT.
SECT. I. THE Powers of the government of the state of Ken-
tucky, shall be divided into three distinct departments, and
each of them be confided to a separate body of magistracy, to
wit: those which are legislative, to one; those which are exe-
cutive, to another; and those which are judiciary, to another.
SECT. II. No person, or collection of persons, being one of
those departments, shall exercise any power properly belong-
ing to either of the others; except in the instances hereinafter
expressly directed or permitted.
ARTICLE II.
LEGISLATIVE DEPARTMENT.
SECT. I. THE legislative power of this commonwealth shall
be vested in two distinct branches; the one to be styled the
House of Representatives, the other the Senate, and both
211
THE FREEMAN'S GUIDE.
together, the General Assembly of the commonwealth of Ken-
rucky.
SECT. 11. The members of the House of Representatives
shall continue in service for the term of one year from the day
of the commencement of the general election, and no longer.
SECT. III. Representatives shall be chosen on the first Mon-
day in the month of August in every year; but the presiding
officers of the several elections shall continue the same for
three days, at the request of any one of the candidates.
SECT. IV. No person shall be a representative, who at the
time of his election is not a citizen of the United States, and
hath not attained to the age of twenty-four years, and resided
in this state two years next preceding his election, and the
last year thereof in the county or town for which he may be
chosen.
SECT. V. Elections for representatives for the several coun-
ties entitled to representation, shall be held at the places of
holding their respective courts, or in the several election pre-
cincts into which the Legislature may think proper, from time
to time, to divide any or all of those counties: Provided, That
when it shall appear to the Legislature that any town hath a
number of qualified voters equal to the ratio then fixed, such
town shall be invested with the privilege of a separate repre-
sentation, which shall be retained so long as such town shall
contain a number of qualified voters equal to the ratio which
may from time to time be fixed by law, and thereafter elections,
for the county in which such town is situated, shall not be held
therein.
SECT. VI. Representation shall be equal and uniform in this
commonwealth; and shall be forever regulated and ascertained
by the number of qualified electors therein. In the year eigh-
teen hundred and three, and every fourth year thereafter, an
enumeration of all the free male inhabitants of the state, above
twenty-one years of age, shall be made in such manner as shall
be directed by law. The number of representatives shall, in the
several years of making these enumerations, be so fixed as not
to be less than fifty-eight, nor more than one hundred, and they
shall be apportioned for the four years next following, as near
as may be, among the several counties and towns, in propor-
tion to the number of qualified electors; but, when a county
may not have a sufficient number of qualified electors to entitle
it to one representative, and when the adjacent county or coun-
ties may not have a residuum or residuums, which, when
added to the small county would entitle it to a separate repre-
sentation, it shall then be in the power of the Legislature to
-
KENTUCKY.
245
join two or more together, for the purpose of sending a repre-
sentative. Provided, That when there are two or more counties
adjoining, which have residuums over and above the ratio then
fixed by law, if said residuums when added together will
amount to such ratio, in that case one representative shall be
added to that county having the largest residuum..
SECT. VII. The House of Representatives shall choose its
speaker and other officers.
SECT. VIII. In all elections. for representatives, every free
male citizen (negroes, mulottoes and Indians excepted) who at
the time being, hath attained to the age of twenty-one years,
and resided in the state two years, or the county or town in
which he offers to vote one year next preceding the election,
shall enjoy the right of an elector; but no person shall be en-
titled to vote, except in the county or town in which he may
actually reside at the time of the election, except as is herein
otherwise provided, Electors shall in all cases, except treason,
felony, breach or surety of the peace, be privileged from arrest
during their attendance at, going to, and returning from elec-
tions.
SECT. IX. The members of the Senate shall be chosen for
the term of four years; and when assembled shall have the
power to choose its officers annually.
SECT. x. At the first session of the General Assembly after
this Constitution takes effect, the senators shall be divided by.
lot, as equally as may, into' four classes: the seats of the sena-
tors of the first class, shall be vacated at the expiration of the
first year; of the second class, at the expiration of the second
year, of the third class, at the expiration of the third year; and
of the fourth class, at the expiration of the fourth year; so that
one fourth shall be chosen every year, and a rotation thereby
kept up perpetually.
SECT. XI. The Senate shall consist of twenty-four members
at least, and for every three members above fifty-eight, which
shall be added to the House of Representatives, one member
shall be added to the Senate.
SECT. XII. The same number of senatorial districts shall
from time to time, be established by the Legislature, as there
may then be senators allotted to the state; which shall be so
formed as to contain, as near as may be, an equal number of
free male inhabitants in each, above the age of twenty-one
years, and so that no county shall be divided, or form more
than one district; and where two or more counties composé a
district, they shall be adjoining.
SECT. XIII. When an additional senator may be added to
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246
THE FREEMAN'S GUIDE.
the Senate, he shall be annexed by lot to one of the four
classes, so as to keep them as nearly equal in number as pos~
sible.
SECT. XIV. One senator for each district shall be elected by
those qualified to vote for representatives therein, who shall
give their votes at the several places in the counties or towns,
where elections are by law directed to be held.
SECT. XV. No person shall be a senator, who, at the time of
his election, is not a citizen of the United States, and who hath
not attained to the age of thirty-five years, and resided in this
state six years next preceding his election, and the last year
thereof in the district from which he may be chosen.
SECT. XVI. The first election for senators shall be general
throughout the state, and at the same time that the general
election for representatives is held; and thereafter, there shall,
in like manner, be an annual election for senators, to fill the
places of all those whose time of service may have expired.
SECT. XVII. The General Assembly shall convene on the
first Monday in the month of November in every year, unless
a different day be appointed by law; and their sessions shall be
held at the seat of government.
SECT. XVIII. Not less than a majority of the members of
each House of the General Assembly shall constitute a quorum" :
to do business; but a smaller number may adjourn from day to
day, and shall be authorized by law to compel the attendance
of absent members, in such manner, and under such penalties.
as may be prescribed thereby.
SECT. XIX. Each House of the General Assembly shall judge
of the qualifications, elections and returns of its members; but
a contested election shall be determined in such manner as
shall be directed by law.
SECT. XX. Each House of the General Assembly may deter-
mine the rules of its proceedings; punish a member for disor-
derly behavior; and with the concurrence of two thirds, expel
a member, but not a second time for the same cause.
SECT. XXI. Each House of the General Assembly shall keep
and publish weekly, a journal of its proceedings; and the yeas
and nays of the members on any question, shall, at the desire
of any two of them, be entered on their journal
SECT. XXII. Neither House, during the session of the Ge-
neral Assembly, shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in
which they may be sitting.
SECT. XXIII. The members of the General Assembly shall
severally receive from the public treasury, a compensation for
KENTUCKY.
247
their services, which shall be one dollar and a half a day, du-
ring their sttendance on, going to, and returning from the ses-
sions of their respective Houses: Provided, That the same
may be increased or diminished by law; but no alteration shall
take effect during the session at which such alteration shall be
made.
SECT. XXIV. The members of the General Assembly shall,
in all cases, except treason, felony, breach or surety of the
peace, be privileged from arrest, during their attendance at the
sessions of their respective Houses, and in going to, and return-
ing from the same; and for any speech or debate, in either
House, they shall not be questioned in any other place.
SECT. XXV. No senator or representative shall during the
term for which he was elected, nor for one year thereafter, be
appointed or elected to any civil office of profit under this com-
monwealth, which shall have been created, or the emoluments
of which shall have been increased, during the time such sen-
ator or representative was in office, except to such offices or
appointments as may be made or filled by the elections of the
people.
SECT. XXVI. No person, while he continues to exercise the
functions of a clergyman, priest or teacher of any religious per-
suasion, society or sect; nor whilst he holds or exercises any
office of profit under this commonwealth, shall be eligible to the
General Assembly; except attorneys at law, justices of the
peace, and militia officers: Provided, That justices of the
courts of quarter sessions shall be ineligible, so long as any
compensation may be allowed them for their services: Provid-
ed also, That attorneys for the commowealth, who receive a fix-
ed annual salary from the public treasury, shall be ineligible.
SECT XXVII. No person, who at any timé may have been a col-
lector of taxes for the state or the assistant or deputy of such
collector, shall be eligible to the General Assembly until he shall
have obtained a quietus for the amount of such collection, and
for all public moneys for which he may be responsible.
SECT. XXVIII. No bill shall have the force of a law,until on three
several days, it be read over in each house of the Geneal Assem-
bly, and free discussion allowed thereon; unless in cases of ur-
gency
four fifths of the house, where the bill shall be depend-
ing, may deem it expedient to dispense with this rule,
SECT. XXIX. All bills for raising revenue shall originate in
the House of Representatives; but the Senate may propose
amendments, as in other bills: Provided, That they shall not in-
troduce any new matter, under the color of an amendment,
which does not relate to raising a revenue.
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THE FREEMAN'S GUIDE.
SECT. XXX. The General Assembly shall regulate by law, by
whom, and in what manner, writs of election shall be issued to
fill the vacancies which may happen in either branch thereof.
ARTICLE HI.
EXECUTIVE DEPARTMENT.
SECT. I. THE Supreme executive power of the common-
wealth shall be vested in a chief magistrate, who shall be styled
the governor of the commonwealth of Kentucky.
SECT. II. The governor shall be elected for the term of four
years by the citizens entitled to suffrage, at the time and places
where they shall respectively vote for representatives. The
person having the highest number of votes shall be governor;
but if two or more shall be equal and highest in votes, the elec-
tion shall be determined by lot, in such manner as the Legis-
lature may 'direct.
SECT. II. The governor shall be ineligible for the succeed-
ing seven years, after the expiration of the time for which he
shall have been elected,
SECT. IV. He shall be at least thirty-five years of age, and a
citizen of the United States, and have been an inhabitant of this
state at least six years next preceding his election.
SECT. V. He shall commence the execution of his office on
the fourth Tuesday succeeding the day of the cemmencement
of the general election on which he shall be chosen, and shall
continue in the execution thereof until the end of four weeks
next succeeding the election of his successor, and until his suc-
cessor shall have taken the oaths or affirmations prescribed by
this Constitution.
SECT. VI. No member of congress; or person holding any
office under the United States, nor minister of any religious so-
ciety, shall be eligible to the office of governor.
SECT. VII. The governor shall, at stated times, receive for
his services, a compensation, which shall neither be increased
nor diminished, during the term for which he shall have been
elected.
SECT. VIII. He shall be commander in chief of the army and na-
vy of this commonwealth, and of the militia thereof, except when
they shall be called into the service of the United States; but he
shall not command personally in the field, unless he shall be
advised so to do, by the resolution of the General Assembly.
SECT. IX. He shall nominate, and by and with the advice and
consent of the Senate, appoint all officers, whose offices are es-
tablished by this Constitution, or shall be established by law,
KENTUCKY.
249
and whose appointments are not herein otherwise provided for:
Provided, That no person shall be so appointed to an office
within any county, who shall not have been a citizen and inha-
bitant therein, one year next before his appointment, if the
county shall have been so long erected, but if it shall not have
been so long erected, then within the limits of the county or
counties from which it shall have been taken: Provided also,
That the county courts be authorized by law to appoint inspec-
tors, collectors, and their deputies, surveyors of the highways,
constables, jailors, and such other inferior officers, whose ju-
risdiction may be confined within the limits of a county.
SECT. x. The governor shall have power to fill up vacancies
that may happen during the recess of the Senate, by granting
commissions, which shall expire at the end of the next session.
SECT. XI. He shall have power to remit fines and forfeitures,
grant reprieves and pardons, except in cases of impeachment.
In cases of treason he shall have power to grant reprieves un-
til the end of the next session of the General Assembly; in
which the power of pardoning shall be vested.
SECT. XII. He may require information in writing from the
officers in the executive department, upon any subject relating
to the duties of their respective offices.
SECT. XIII. He shall from time to time give to the General
Assembly, information of the state of the commonwealth, and
recommend to their consideration such measures as he shall
deem expedient.
SECT. XIV. He may on extraordinary occasions convene the
General Assembly at the seat of government, or at a different
place, if that should have become, since their last adjournment,
dangerous from an enemy, or from contagious disorders; and
in case of disagreement between the two Houses, with respect
to the time of adjournment, adjourn them to such time as he
shall think proper, not exceeding four months.
SECT. XV. He shall take care that the laws be faithfully ex-
ecuted.
SECT. XVI. A lieutenant governor shall be chosen at every
election for a governor, in the same manner, continue in office
for the same time, and possess the same qualifications. In vot-
ing for governor, and lieutenant governor, the electors shall dis-
tinguish whom they vote for as governor, and whom as lieuten-
ant governor.
SECT. XVII. He shall by virtue of his office be speaker of the
Senate, have a right, when in committee of the whole, to debate
and vote on all subjects; and when the Senate are equally
divided, to give the casting vote.
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THE FREEMAN'S GUIDE
SECT. XVIII. In case of the impeachment of the governor,
his removal from office, death, refusal to qualify, resignation, or
absence from the state, the lieutenant governor shall exercise
all the power and authority appertaining to the office of governor,
until another be duly qualified, or the governor, absent or im-
peached, shall return or be acquitted.
SECT. XIX. Whenever the government shall be administered
by the lieutenant governor, or shall be unable to attend as
speaker of the Senate, the senators shall elect one of their own
members as speaker, for that occcasion. And if, during the va
cancy of the office of governor, the lieutenant governor shall be
impeached, removed from office, refuse to qualify, resign, die,
or be absent from the state, the speaker of the Senate shall in
like manner, administer the government.
SECT. XX. The lieutenant governor, while he acts as speaker
to the Senate, shall receive for his services the same compen-
sation, which shall for the same period be allowed to the speak-
er of the House of Representatives, and no more; and during
the time he administers the government as governor, shall re-
ceive the same compensation which the governor would have
received and been entitled to, had he been employed in the du
ties of his office.
SECT. XXI. The speaker pro tempore of the Senate, during
the time he administers the government, shall receive in like. ·
manner the same compensation which the governor would
have received, had he been employed in the duties of his office.
SECT. XXII. If the lieutenant governor shall be called upon
to administer the government, and shall, while in such admi-
nistration, resign, die, or be absent from the state during the
recess of the General Assembly, it shall be the duty of the se-
cretary, for the time being, to convene the Senate for the pur-
pose of chusing a speaker..
SECT. XXIII. An attorney general, and such other attorneys
for the commonwealth as may be necessary, shall be appointed,
whose duty shall be regulated by law. Attorneys for the com-
monwealth for the several counties shall be appointed by the
respective courts having jurisdiction therein.
SECT. XXIV. A secretary shall be appointed and commis-
sioned during the term for which the governor shall have been
elected, if he shall so long behave himself well. He shall keep
a fair register, and attest all the official acts and proceedings of
the governor, and shall, when required, lay the same and all
papers, minutes and vouchers relative thereto, before either
house of the General Assembly, and shall perform such other
duties as may be enjoined him by law.
KENTUCKY.
251
$
SECT. XXV. Every bill which shall have passed both houses
shall be presented to the governor; if he approve, he shall sign
it, but if not, he shall return it with his objections to the House
in which it shall have originated, who shall enter the objections
at large upon their journal, and proceed to reconsider it; if, af-
ter such reconsideration, a majority of all the members elected
to that House shall agree to pass the bill, it shall be sent, with
the objections, to the other House, by which it shall likewise
be cònsidered, and if approved by a majority of all the mem-
bers elected to that House, it shall be a law; but in such cases
the votes of both Houses shall be determined by yeas and nays,
and the names of the persons voting for, and against the bill,
shall be entered on the journal of each house respectively; if
any bill shall not be returned by the governor, within ten days
(Sundays excepted) after it shall have been presented to him,
it shall be a law in like manner as if he had signed it, unless the
General Assembly by their adjournment prevent its return; in
which case it shall be a law, unless sent back within three days
after their next meeting.
SECT. XXVI. Every order, resolution, or vote, to which the
concurrence of both Houses may be necessary, except on a
question of adjournment, shall be presented to the governor,
and before it shall take effect, be approved by him; or, being
disapproved, shall be repassed by a majority of all the members
elected to both Houses, according to the rules and limitations
prescribed in case of a bill.
SECT. XXVII. Contested elections for a governor and lieuten-
ant governor, shall be determined by a committee to be selected
from both houses of the General Assembly, and formed and
regulated in such manner as shall be directed by law.
SECT. XXVIII. The freemen of this commonwealth, (negroes,
mulattoes and Indians excepted) shall be armed and disciplined
for its defence. Those who conscientiously scruple to bear
arms, shall not be compelled to do so, but shall pay an equiva-
lent for personal service.
SECT. XXIX. The commanding officers of the respective re-
giments shall appoint the regimental staff; brigadiers general
their brigade majors; majors general, their aids; and captains,
the non-commissioned officers of companies.
SECT. XXX. A majority of the field officers and captains in
each regiment, shall nominate the commissioned officers in each
company, who shall be commissioned by the governor: Pro-
vided, That no nomination shall be made, unless two at least of
the field officers are present; and when two or more persons
have an equal, and the highest number of votes, the field offi-
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1
cer present, who may be highest in commission, shall decide
the nomination.
SECT. XXXIV. Sheriffs shall be hereafter appointed in the
following manner: When the time of a sheriff for any county
may be about to expire, the county court for the same (a ma-
jority of all its justices being present) shall, in the months of
September, October or November next preceding thereto, re-
commend to the governor two proper persons to fill the office,
who are then justices of the county court; and who shall in
such recommendation pay a just regard to seniority in office
and a regular rotation. One of the persons so recommended
shall be commissioned by the governor, and shall hold his office
for two years, if he so long behave well, and until a successor
be duly qualified. If the county courts shall omit in the months
aforessid, to make such recommendation, the governor shall
then nominate, and by and with the advice and consent of the
Senate, appoint a fit person to fill such office.
ARTICLE IV.
JUDICIAL DEPARTMENT.
SECT. 1. The judiciary power of this commonwealth, both
as to matters of law and equity, shall be vested in one supreme
court, which shall be styled the court of appeals, and in such in-
ferior courts as the General Assembly may from time to time
erect and establish.
SECT. II. The court of appeals, except in cases otherwise
directed by this Constitution, shall have appellate jurisdiction.
only; which shall be co-extensive with the state, under such
restrictions and regulations, not repugnant to this Constitution,
as may from time to time be prescribed by law.
SECT. III. The judges, both of the supreme and inferior
courts shall hold their offices during good behavior; but for any
reasonable cause which shall not be sufficient ground of impeach-
ment, the governor shall remove any of them on the address
of two thirds of each house of the General Assembly: Provided
however, That the cause or causes for which such removal
may be required, shall be stated at length in such address, and
on the journal of each House. They shall at stated times re-
ceive for their services an adequate compensation to be fixed
by law.
SECT. IV. The judges shall, by virtue of their office, be con-
servators of the peace throughout the state. The style of al
process shall be, The commonewalth of Kentucky. All prose-
cutions shall be carried on in the name and by the authority of
russ
KENTUCKY.
1253
the commonwealth of Kentucky, and conclude, Against the
peace and dignity of the same.
4
SECT. V. There shall be established in each county, now or
which may hereafter be erected, within this commonwealth, a
county court.
SECT. VI. A competent number of justices of the peace shall
be appointed in each county; they shall be commissioned du-
ring good behavior, but may be removed on conviction of mis-
behavior in office, or of any infamous crime, or on the address
of two thirds of each house of the General Assembly: Provid-
ed however, That the cause or causes for which such removal
may be required, shall be stated at length in such address, and
on the journal of each House.
SECT. VII. The number of the justices of the peace, to which
the several counties in this commonwealth now established, or
which may hereafter be established, ought to be entitled, shall
from time to time be regulated by law.
SECT. VIII. When a surveyor, coroner or justice of the
peace, shall be needed in any county, the county court for the
same, a majority of all its justices concurring therein, shail re-
commend to the governor two proper persons to fill the office,
one of whom he shali appoint thereto: Provided however,That
if the county court shali, for twelve months omit to make such
recommendation, after being requested by the governor to re-
commend proper persons, he shall then nominate, and by and
with the advice and consent of the Senate, appoint a fit person
to fill such office.
SECT. IX. When a new county shall be erected, a competent
number of justices of the peace, a sheriff and coroner therefor,
shall be recommended to the governor by a majority of all the
members of the House of Representatives from the senatorial
district ör districts in which the county is situated; and if either
of the persons thus recommended shall be rejected by the go-
vernor or the Senate, another person shall immediately be re-
commended as aforesaid.
SECT. X. Each court shall appoint its own clerk, who shall
hold his office during good behavior; but no person shall be
appointed clerk, only firo tempore, who shall not produce to the
court appointing him a certficate from a majority of the judges
of the court of appeals, that he had been examined by their clerk
in their presence, and under their direction, and that they judge
him to be well qualified to execute the office of clerk of any
court of the same dignity, with that for which he offers himself.
They shall be removable for breach of good behavior by the
court of appeals only, who shall be judges of the fact as well as
254
THE FREEMAN'S GUIDE.
of the law. Two thirds of the members present must concur
in the sentence.
SECT. XI. All commissions shall be in the name, and by the
authority of the state of Kentucky, and sealed with the state
seal, and signed by the governor.
SECT. XII. The state treasurer and printer or printers for the
commonwealth, shall be appointed annually by the joint vote of
both houses of the General Assembly: Provided, That during
the recess of the same, the governor shall have power to fill
vacancies which may happen in either of the said offices.
ARTICLE V.
· IMPEACHMENTS.
SECT. 1. The House of Representatives shall have the sole
power of impeaching.
SECT. II. All impeachments shall be tried by the Senate;
when sitting for that purpose, the senators shall be upon oath or
affirmation: No person shall be convicted without the concur
rence of two thirds of the members present.
SECT. III. The governor and all civil officers shall be liable to
impeachment for any misdemeanor in office; but judgment, in
such cases, shall not extend further than to removal from office,
and disqualification to hold any office of honor, trust, or profit
under this commonwealth; but the party convicted shall never-
theless be liable and subject to indictment, trial, and punish-
ment according to law.
ARTICLE VI.
GENERAL PROVISIONS.
SECT. I. Members of the General Assembly and all officers,
executive and judicial, before they enter upon the executiion of
their respective offices, shall take the following oath or affirma-
tion: "I do solemnly swear (or affirm as the case may be) that
I will be faithful and true to the commonwealth of Kentucky,
so long as I continue a citizen thereof, and that I will faithfully
execute to the best of my abilities, the office of according
to law."
SECT. II. Treason against the commonwealth shall consist
only in levying war against it, or in adhering to its enemies,
giving them aid and comfort. No person shall be convicted of
treason, unless on the testimony of two witnesses to the same
overt act, or his own confession in open court.
KENTUCKY.
255
SECT. III. Every person shall be disqualified from serving
as a governor, lieutenant governor, senator, or representative,
for the term for which he shall have been elected, who shall
be convicted of having given or offered any bribe or treat, to
procure his election.
SECT. IV. Laws shall be made to exclude from office and from
suffrage, those who shall thereafter be convicted of bribery,
perjury, forgery, or other high crimes or misdemeanors. The
privilege of free suffrage shall be supported by laws regulating
elections, and prohibiting, under adequate penalties, all undue
influence thereon from power, bribery, tumult, or other impro-
per practices.
SECT. V. No money shall be drawn from the treasury, but
in pursuance of appropriations made by law, nor shall any
appropriations of money for the support of an army be made for
a longer time than one year; and a regular statement and ac-
count of the receipts and expenditures of all public money, shall
be published annually.
SECT. VI. The General Assembly shall direct by law in what
manner, and in what courts, suits may be brought against the
commonwealth.
SECT. VII. The manner of administering an oath or affirma-
tion shall be such as is most consistent with the conscience of
the deponent, and shall be esteemed by the General Assembly
the most solemn appeal to God.
SECT. VIII. All laws, which on the first day of June one thou-
sand seven hundred and ninety-two, were in force in the state
of Virginia, and which are of a general nature, and not local to
that state, and not repugnant to this Constitution, nor to the
laws which have been enacted by the Legislature of this com-
monwealth, shall be in force within this state, until they shall
be altered or repealed by the General Assembly.
SECT. IX. The compact with the state of Virginia, subject
to such alterations as may be made therein agreeably to the
mode prescribed by the said compact, shall be considered as
part of this Constitution.
SECT. X. It shall be the duty of the General Assembly to pass
such laws as may be necessary and proper to decide differen-
ces by arbitrators, to be appointed by the parties who may chuse
that summary mode of adjustment.
SECT. XI. All civil officers for the commonwealth at large,
shall reside within the state, and all district, county, or town
officers, within their respective districts, counties, or towns
(trustees of towns excepted) and shall keep their respective
offices at such places therein, as may be required by law: and
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THE FREEMAN'S GUIDE.
all militia officers shall reside in the bounds of the division,
brigade, regiment, battalion, or company to which they may
severally belong.
SECT. XII. The attorney general and other attorneys for this
commonwealth, who receive a fixed annual salary from the
public treasury, judges and clerks of courts, justices of the
peace, surveyors of lands, and all commissioned militia officers,
shall hold their respective offices during good behavior, and
the continuance of their respective courts under the excep-
tions contained in this Constitution.
SECT. XII. Absence on the business of this state, or the United
States, shall not forfeit a residence once obtained, so as to de-
prive any one of the right of suffrage, or of being elected or ap-
pointed to any office under this commonwealth, under the ex-
ceptions contained in this Constitution.
SECT
XIV. It shall be the duty of the General Assembly to re-
gulate by law, in what cases, and what deduction from the sa-
laries of public officers shall be made, for neglect of duty in
their official capacity.
SECT. XV. Returns of all elections for governor, lieutenant go-
vernor, and members of the General Assembly, shall be made
to the secretary for the time being.
SECT. XVI. In all elections by the people, and also by the Se-
nate and House of Representatives, jointly or separately, the
votes shall be personally and publicly given, viva voce.
SECT. XVII. No member of Congress nor person holding or
exercising any office of trust or profit under the United States,
or either of them, or under any foreign power, shall be eligible
as a member of the General Assembly of this commonwealth,
or hold or exercise any office of trust or profit under the same.
SECT. XVIII. The General Assembly shall direct by law how
persons, who now are or may hereafter become securities for
public officers, may be relieved or discharged on account of such
security ship.
ARTICLE VII.
SLAVES,
SECT I. THE General Assembly shall have no power to pass
laws for the emancipation of slaves without the consent of their
owners, or without paying their owners, previous to such eman-
cipation, a full equivalent in money, for the slaves so emanci-
pated. They shall have no power to prevent emigrants to this
state from bringing with them such persons as are deemed
slaves by the laws of any one of the United States, so long as
any person of the same age or description shall be continued
KENTUCKY.
257
in slavery by the laws of this state. They shall pass laws to
permit the owners of slaves to emancipate them, saving the.
rights of creditors, and preventing them from becoming a charge-
to any county in the commonwealth. They shall have full
power to prevent slaves being brought into this state as mer-
chandize. They shall have full power to prevent any slaves
being brought into this state from a foreign country, and to
prevent those from being brought into this state, who have been
since the first day of January, one thousand seven hundred and
eighty-nine, or may hereafter be imported into any of the Unit-
ed States from a foreign country. And they shall have full
power to pass such laws as may be necessary, to oblige the
owners of slaves to treat them with humanity, to provide for
them necessary clothing and provision, to abstain from all inju-
ries to them extending to life or limb, and in case of their-ne-
glect or refusal to comply with the directions of such laws, to
have such slave, or slaves sold for the benefit of their owner or
owners.
SECT. II. In the prosecution of slaves for felony, no inquest
by a grand jury shall be necessary, but the proceedings in such
prosecutions sha'i be regulated by law: except that the Gene-
ral Assembly shall have no power to deprive them of the privi-
lege of an impartial trial by a petit jury.
ARTICLE VIII.
THE seat of government shall continue in the town of Frank-
fort, until it shall be removed by law: Provided however, That
two thirds of all the members elected to each House of the Ge-
neral Assembly, shall concur in the passage of such law.
ARTICLE IX.
MODE OF REVISING THE CONSTITUTION.
WHEN experience shall point out the necessity of amending
this Constitution, and when a majority of all the members
elected to each House of the General Assembly, shall within
the first twenty days of their stated annual session, concur in
passing a law for taking the sense of the good people of this
commonwealth, as to the necessity and expediency of calling a
convention, it shall be the duty of the several sheriffs, and other
returning officers, at the next general election which shall be
held for representatives, after the passage of such law, to open
a poil for, and make a return to the secretary, for the time be-
ing, of the names of all those entitled to vote for representatives
who have voted for calling a convention: and if thereupon it
shall appear that a majority of all the citizens of this state
2 W
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THE FREEMAN'S GUIDE.
entitled to vote for representatives, have voted for a convention,
the General Assembly shall direct that a similar poll shall be
opened, and taken for the next year; and if thereupon it shall
appear, that a majority of all the citizens of this state entitled to
vote for representatives, have voted for a convention, the Ge-
neral Assembly shall at their next session call a convention, to
consist of as many members as there shall be in the House of
Representatives, and no more; to be chosen in the same man-
ner and proportion, at the same places, and at the same time,
that representatives are, by citizens entitled to vote for repre-
sentatives; and to meet within three months after the said elec-
tion, for the purpose of re-adopting, amending or changing this
Constitution. But if it shall appear by the vote of either year,
as aforesaid, that a majority of all the citizens entitled to vote
for representatives, did not vote for a convention, a convention
shall not be called.
ARTICLE X.
THAT the general, great and essential principles of liberty
and free government may be recognized and established, We
declare,
SECT. I. That all free men, when they form a social com-
pact, are equal; and that no man or set of men, are entitled to
exclusive, separate, public emoluments or privileges, from the
community, but in consideration of public services.
SECT. II. That all power is inherent in the people, and all
free governments are founded on their authority, and instituted
for their peace, safety and happiness, For the advancement of
these ends, they have at all times an unalienable and indefea-
sible right to alter, reform or abolish their government in such
manner as they may think proper.
SECT. III. That all men have a natural and indefeasible right
to worship Almighty God according to the dictates of their own
consciences; that no man shall be compelled to attend, erect
or support any place of worship, or to maintain any ministry
against his consent; that no human authority ought, in any
case whatever, to control or interfere with the rights of con-
science; and that no preference shall ever be given by law, to
any religious societies or modes of worship.
SECT. IV. That the civil rights, privileges, or capacities of
any citizen shall in no wise be diminished or enlarged on ac-
count of his religion.
SECT. V. That all elections shall be free and equal.
SECT. VI. That the ancient mode of trial by jury shall be
held sacred, and the right thereof remain inyiolate.
1
KENTUCKY..
259
:
SECT. VII. That printing presses shall be free to every per-
son who undertakes to examine the proceedings of the Le-
gislature, or of any branch of government; and no law shall
ever be made to restrain the right thereof. The free commu-
nication of thoughts and opinions is one of the invaluable rights
of man, and every citizen may freely speak, write, and print on
any subject, being responsible for the abuse of that liberty.
SECT. VIII. In prosecutions for the publication of papers
investigating the official conduct of officers, or men in a public
capacity, or where the matter published is proper for public in-
formation, the truth thereof may be given in evidence. And in
all indictments for libels, the jury shall have a right to deter-
mine the law and the facts, under the direction of the court, as
in other cases.
SECT. IX. That the people shall be secure in their persons,
houses, papers, and possessions from unreasonable seizures
and searches; and that no warrant to search any place or to
seize any person or things, shall issue without describing them
as nearly as may be, nor without propable cause supported by
oath or affirmation.
SECT. X. That in all criminal prosecutions, the accused hath
a right to be heard by himself and counsel; to demand the na-
ture and cause of the accusation against him, to meet the wit-
nesses face to face; to have compulsory process for obtaining
witnesses in his favor; and in prosecutions by indictment or in-
formation, a speedy public trial, by an impartial jury of the vi-
cinage; that he can not be compelled to give evidence against
himself, nor can he be deprived of his life, liberty, or property,
unless by the judgment of his peers, or the law of the land.
SECT. XI That no person shall for any indictable offence be
proceeded against criminally by information, except in cases
arising in the land or naval forces, or the militia when in actual
service, in time of war or public danger, by leave of the court,
for oppression or misdemeanor in office.
SECT. XII. No person shall for the same offence be twice
put in jeopardy of his life or limb, nor shall any man's property
be taken, or applied to public use without the consent of his re-
presentatives, and without just compensation being-previously
made to hira.
SECT. XIII. That all courts shall be open, and every person
for any injury done him in his lands, goods, person or reputa-
tion, shall have remedy by the due course of law, and right and
justice administered without sale, denial or delay.
SECT. XIV. That no power of suspending laws shall be ex-
ercised, unless by the Legislature or its authority.
260
THE FREEMAN'S GUIDE.
SECT XV. That excessive bail shall not be required, nor ex-
cessive fines imposed, nor cruel punishments inflicted.
SECT. XVI. That all prisoners shall be bailable by sufficient
sureties, unless for capital offences, when the proof is evident,
or presumption great; and the privilege of the writ of habeas
corpus shall not be suspended, unless when in case of rebellion
or invasion, the public safety may require it.
SECT. XVII. That the person of a debtor, where there is not
strong presumption of fraud, shall not be continued in prison,
after delivering up his estate for the benefit of his creditors, in
such manner as shall be prescribed by law.
SECT. XVIII. That no ex post facto law, nor any law impair-
ing contracts, shall be made.
SECT. XIX. That no person shall be attainted of treason or
felony by the Legislature.
SECT. XX. That no attainder shall work corruption of blood,
nor, except during the life of the offender, forfeiture of estate
to the commonwealth.
SECT. XXI. That the estates of such persons as shall de-
stroy their own lives, shall descend or vest as in case of natural
death, and if any person be killed by casualty, there shall be no
forfeiture by reason thereof.
SECT. XXII. That the citizens have a right in a peaceable
manner to assemble together for their common good, and to
apply to those invested with the powers of government for re-
dress of grievances, or other proper purposes, by petition, ad-
dress or remonstrance.
SECT. XXIII. That the right of the citizens to bear arms in
defence of themselves and the state, shall not be questioned.
SECT. XXIV. That no standing army shall, in time of peace,
be kept up without the consent of the Legislature, and the mi-
litary shall in all cases, and at all times, be in strict subordina-
tion to the civil power.
SECT. XXV. That no soldier shall in time of peace, be quar.
tered in any house without the consent of the owner, nor in
time of war, but in a manner to be prescribed by law.
SECT. XXVI. That the Legislature shall not grant any title
of nobility or hereditary distinction, nor create any office, the
appointment to which shall be for a longer term than during
good behavior.
SECT. XXVII. That emigration from the state shall not be
prohibited.
SECT. XXVIII. To guard against transgressions of the high
powers which we have delegated, we declare, that every thing
in this article is excepted out of the general powers of govern-
KENTUCKY.
CKY.
261
ment, and shall forever remain inviolate; and that all laws con-
trary therein, or contrary to this Constitution, shall be void.
SCHEDULE.
-
That no inconvenience may arise from the alterations and
amendments made in the Constitution of this commonwealth,
and in order to carry the same into complete operation, it is
hereby declared and ordained:
SECT. I. That all laws of this commonwealth in force at the
time of making the said alterations and amendments, and not
inconsistent therewith, and all rights, actions, prosecutions,
claims and contracts, as well of individuals as of bodies corpo-
rate, shall continue as if the said alterations and amendments
had not been made.
SECT. II. That all officers now filling any office or appoint-
ment, shall continue in the exercise of the duties of their re-
spective offices or appointments for the terms therein express-
ed, unless by this Constitution it is otherwise directed.
SECT. III. The oaths of office herein directed to be taken,
may be administered by any justice of the peace, until the Le-
gislature shall otherwise direct.
SECT. IV. The General Assembly, to be held in November
next shall apportion the representatives and senators, and lay off
the state into senatorial districts conformable to the regulations
prescribed by this Constitution. In fixing those apportionments,
and in establishing those districts, they shall take for their guide
the enumeration directed by law to be made in the present year
by the commissioners of the tax, and the apportionments thus
made, shall remain unaltered until the end of the stated annual
sessions of the General Assembly in the year eighteen hundred
and three.
SECT. v. In order that no inconvenience may arise from the
change made by this Constitution, in the time of holding the
general election, it is hereby ordained that the first clection for
governor, lieutenant governor, and members of the General
Assembly, shall commence on the first Monday in May, in the
year eighteen hundred. The persons then elected shall continue
in office during the several terms of service prescribed by this
Constitution, and until the next general election, which shall
be held after their said terms shall have respectively ex-
pired. The returns for the said first election of governor
and licutenant-governor shall be made to the secretary,
within fifteen days from the day of election, who shall as
soon as may be, examine and count the same in the presence
of at least two judges of the court of appeals, or district courts,
:
(
262
THE FREEMAN'S GUIDE.
and shall declare who are the persons thereby duly elected,
and give them official notice of their election, and if any per-
sons shall be equal and highest on the poll, the said judges and
secretary shall determine the election by lot.
SECT. VI. This Constitution, except so much thereof as is
therein otherwise directed, shall not be in force; until the first
day of June in the year eighteen hundred; on which day the
whole thereof shall take full and complete effect.
}
DONE in Convention at Frankfort, the seventeenth day of
August, one thousand seven hundred and ninety-nine, and
of the Independence of the United States of America the
twenty-fourth.
7
ALEXANDER S. BULLIT, P. C.
}
Member from Jefferson.
Bourbon-John. Allen, Charles Smith, Robert Wilmot,
James Duncan, William Griffith, Nathaniel Rogers.,
Brackin-Philip Buckner.
1
Campbell Thomas Sanford.
Clarke-Robert Clark, R. Hickman, William Sudduth.
Christian-Young Ewing.
Fayette John Breckinridge, John M'Dowell, John Bell,
H. Harrison, B. Thurston, Walter Carr.
Franklin-Harry Innis, John Logan.
Flemming George Stockton.
Garrard-William M. Bledfoe.
Green-William Casey.
Harrison-Henry Coleman, William Elliot Boswell.
Jefferson-Richard Taylor.
Jessamine-John Price.
Lincoln-William Logan, N. Huston.
Logan-John Bailey, Reuben Ewing.
Mason-Philemon Thomas, Thomas Marshal, jun. Joshua
Baker.
Mercer-Peter Brunner, John Adair, Thomas Allen, Sam-
uel Taylor.
Madison Green Clay, Thomas Clay, William Irvine.
Montgomery-Jilson Payne.
Nelson-John Rowan, Richard Prather, Nicholas Minor.
Shelby Benjamin Logan, Abraham Owen.
Scott William Henry, Robert Johnson.
Woodford Caleb Wallace, William Steel.
Washington Felix Grundy, Robert Abell.
Warren-Alexander Davidson.
(263)
OHIO.
Constitution agreed upon by the Delegates of the People.
WE, the people of the eastern division of the territory of the
United States northwest of the river Ohio, having the right of
admission into the general government, as a member of the
union, consistent with the Constitution of the United States,
the ordinance of Congress of one thousand seven hundred and
eighty-seven, and the law of Congress, entitled "An act to en-
able the people of the eastern division of the territory of the
United States northwest of the river Ohio, to form a Constitu-
tion and state government, and for the admission of such state
into the union, on an equal footing with the original states, and
for other purposes;" in order to establish justice, promote the
welfare and secure the blessings of liberty to ourselves and our
posterity, 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 Ohio.
ARTICLE I.
SECT. I. THE legislative authority of this state shall be vest-
ed in a General Assembly, which shall consist of a Senate and
House of Representatives, both to be elected by the people.
SECT. 11. Within one year after the first meeting of the Ge-
neral Assembly, and within every subsequent term of four
years, an enumeration of all the white male inhabitants above
twenty-one years of age, shall be made in such manner as shall
be directed by law. The number of representatives shall, at
the several periods of making such enumeration, be fixed by
the Legislature and apportioned among the several counties,
according to the number of white male inhabitants above twen-
ty-one years of age in each, and shall never be less than twenty-
four, nor greater than thirty-six, until the number of white male
inhabitants above twenty-one years of age shall be twenty-two
thousand, and after that event, at such ratio, that the whole
number of representatives shall never be less than thirty-six,
nor exceed seventy-two.
SECT. III. The representatives shall be chosen annually by
the citizens of each county respectively, on the second Tuesday
of October.
264
THE FREEMAN'S GUIDE..
SECT. IV. No person shall be a representative who shall not
have attained the age of twenty-five years, and be a citizen of
the United States, and an inhabitant of this state; shall also have
resided within the limits of the county in which he shall be
chosen, one year next preceding his election, unless he shall
have been absent on the public business of the United States,
or of this state, and shall have paid a state or conaty tax.
SECT. V. The senators shall be chosen biennially by qualified
voters for representatives; and on their being convened in con-
sequence of the first election, they shall be divided by lot from
their respective counties or districts, as near as can be, into two
classes; the seats of the senators of the first class shall be va-
cated at the expiration of the first year, and of the second class
at the expiration of the second year, so that one half thereof, aš
near as possible, may be annually chosen forever thereafter.
SECT. VI. The number of senators shall, at the several peri-
ods of making the enumeration before mentioned, he fixed by
the Legislature, and apportioned among the several counties or
districts to be established by law, according to the number of
white male inhabitants of the age of twenty-one years in each,
and shall never be less than one third, nor more than one half
of the number of representatives.
SECT. VII. No person shall be a senator, who has not arrived
at the age of thirty years, and is a citizen of the United States,
shall have resided two years in the county or district immediate-
ly preceding the election, unless he shall have been absent on
the public business of the United States, or of this state, and
shall moreover have paid a state or county tax.
SECT. VIII. The Senate and House of Representatives when
assembled, shall each choose a speaker and its other officers,
be judges of the qualifications and elections of its members, and
sit upon its own adjournments; two thirds of each House shall
constitute a quorum to do business, but a smaller number may
adjourn from day to day, and compel the attendance of absent
members.
SECT. IX. Each House shall keep a journal of its proceed-
ings and publish them; the yeas and nays of the members, on
any question, shall, at the desire of any two of them, be entered
on the journals.
SECT. X. Any two members of either House shall have liber-
ty to dissent from and protest against any act or resolution
which they may think injurious to the pubiic or any individual,
and have the reasons of their dissent entered on the journals.
SECT. XI. Each House may determine the rules of its proceed-
-ings, punish its members for disorderly behavior, and with the
OHIC.
265
concurrence of two thirds, expel a member, but not a second
time for the same cause, and shall have all other powers neces-
sary for a branch of the Legislature of a free and independent
state.
SECT. XII. When vacancies happen in either House, the go-
vernor, or the person exercising the power of the governor,
shall issue writs of election to fill such vacancies.
SECT. XIII. Senators and representatives shall, in all cases,
except treason, felony, or breach of the peace, be privileged
from arrest during the session of the General Assembly, and in.
going to and returning from the same, and for any speech or
debate in either House they shall not be questioned in any
other place.
SECT. XIV. Each House may punish by imprisonment during
their session, any person not a member, who shall be guilty of
disrespect to the House by any disorderly or contemptuous
behavior in their presence, provided such imprisonment shall
not at any one time, exceed twenty-four hours.
SECT. XV. The doors of each House, and of committees of
the whole, shall be kept open, except in such cases as in the
opinion of the House require secrecy. Neither House shall,
without the consent of the other, adjourn for more than two
days, nor to any other place than that in which the two Houses
shall be sitting.
SECT. XVI. Bills may originate in either House, but may be
altered, amended, or rejected by the other.
SECт. XVи. Every bill shall be read on three different days
in each House, unless in case of urgency three fourths of the
House where such bill is so depending, shall deem it expedient
to dispense with this rule; and every bill having passed both
Houses, shall be signed by the speakers of their respective
Houses.
SECT. XVIII. The style of the laws of this state shall be, Be it
enacted by the General Assembly of the state of Ohio.
SECT. XIX. The Legislature of this state shall not allow the fol-
lowing officers' of government greater annual salaries than as
follows until the year one thousand eight hundred and eight, to
wit: the governor not more than one thousand dollars; the
judges of the supreme court not more than one thousand dol-
lars each; the presidents of the courts of common pleas not more
than eight hundred dollars each; the secretary of state not more
than five hundred dollars; the auditor of public accounts- not
more than seven hundred and fifty dollars; the treasurer not
more than four hundred and fifty dollars: no member of the
Legislature shall receive more than two dollars per day during
X
266
THE FREEMAN'S GUIDE.
his attendance on the Legislature, nor more for every twenty-
five miles he shall travel in going to and returning from the
General Assembly.
SECT. XX. No senator or representative shall, during the
time for which he shall have been elected, be appointed to any
civil office under this state, which shall have been created, or
the emoluments of which shall have been increased, during such
time.
SECT. XXI. No money shall be drawn from the treasury, but
in consequence of appropriations made by law.
SECT. XXII. An accurate statement of the receipts and ex-
penditures of the public money, shall be attached to and pub-
lished with the laws annually.
SECT. XXIII. The House of Representatives shall have the
sole power of impeaching, but a majority of all the members
must concur in an impeachment; all impeachments shall be
tried by the Senate, and when sitting for that purpose, the se-
nators shall be upon oath or affirmation to do justice according
to law and evidence; no person shall be convicted without the
concurrence of two thirds of all the senators.
SECT. XXIV. The governor and all other civil officers, under
this state shall be liable to impeachment for any misdemeanor
in office, but judgment in such cases, shall not extend further
than removal from office and disqualification to hold any office
of honor, profit, or trust under this state. The party whether
convicted or acquitted, shall nevertheless be liable to indiet-
ment, trial, judgment and punishment according to law.
SECT. XXV. The first session of the General Assembly shall
commence on the first Tuesday of March next, and forever af-
ter the General Assembly shall meet on the first Monday of
December in every year, and at no other period, unless directed
by law, or provided for by this Constitution.
SECT. XXVI. No judge of any court of law or equity, secre-
tary of state, attorney general, register, clerk of any court of
record, sheriff, or collector, member of either house of Con-
gress, or person holding any lucrative office under the United
States, or this state (provided that appointments in the militia
or justices of the peace shall not be considered lucrative offices)
shall be eligible as a candidate for, or have a seat in the Gene-
ral Assembly.
SECT. XXVII. No person shall be appointed to any office with-
in any county, who shall not have been a citizen and inhabitant
therein, one year next before his appointment, if the county shall
have been so long erected; but if the county shall not have been
so long erected, then within the limits of the county or counties
out of which it shall have been taken.
OHIO.
267
SECT XXVIII. No person who heretofore hath been, or here-
after may be, a collector or holder of public móneys, shall have
a seat in either house of the General Assembly, until such per-
son shall have accounted for and paid into the treasury, all sums
for which he may be accountable or liable.
ARTICLE II.
SECT. I. THE supreme executive power of this state shall be
vested in a governor.
SECT. II. The governor shall be chosen by the electors of the
members of the General Assembly, on the second Tuesday of
October, at the same places and in the same manner as they
shall respectively vote for members thereof. The returns of
every election for governor shall be sealed up and transmitted
to the seat of government by the returning officers, directed to
the speaker of the Senate, who shall open and publish them in
the presence of a majority of the members of each house of the
General Assembly; the person having the highest number of
votes shall be governor; but if two or more shall be equal and
highest in votes, then one of them shall be chosen governor by
joint ballot of both houses of the General Assembly. Contested
elections for governor shall be determined by both houses of the
General Assembly, in such manner as shall be prescribed by
law.
SECT. III. The first governor shall hold his office until the
first Monday of December, one thousand eight hundred and
five, and until another governor shall be elected and qualified
to office, and forever after the governor shall hold his office for
the term of two years, and until another governor shall be elected
and qualified, but he shall not be eligible more than six years in
any term of eight years. He shall be at least thirty years of age,
and have been a citizen of the United States twelve years, and
an inhabitant of this state four years next preceding his election.
SECT. IV. He shall, from time to time, give to the General
Assembly information of the state of the government, and re-
commend to their consideration such measures as he shall deem
expedient.
SECT. V. He shall have the power to grant reprieves and par-:
dons, after conviction, except in cases of impeachment.
SECT. VI. The governor shall, at stated times, receive for
his services, a compensation, which shall neither be increas-
ed nor diminished during the term for which he shall have been
elected.
SECT. VII. He may require information, in writing, from the
officers in the executive department, upon any subject relating
288
THE FREEMAN'S GUIDE.
to the duties of their respective offices, and shall take care that
the laws be faithfully executed.
SECT. VIII. When any officer, the right of whose appointment.
is, by this Constitution, vested in the General Assembly, shall
during the recess, die, or hîs office by any means become vacant,
the governor shall have power to fill such vacancy, by granting
a commission which shall expire at the end of the next session
of the Legislature.
SECT. IX. He may, on extraordinary occasions, convene the
General Assembly by proclamation, and shall´state to them,
when assembled, the purposes for which they shall have been
convened.
SECT. x. He shall be commander in chief of the army and
navy of this state and of the militia, except when they shall be
called into the service of the United States.
SECT. XI. In case of disagreement between the two Houses
with respect to the time of adjournment, the governor shall
have the power to adjourn the General Assembly to such time-
as he thinks proper, provided it be not a period beyond the an-
nual meeting of the Legislature.
SECT. XII. In case of the death, impeachment, resignation or
the removal of the governor from office, the speaker of the
Senate shall exercise the office of governor, until he be acquit-
ted, or another governor shall be duly qualified. In case of the
impeachment of the speaker of the Senate, or his death, remo-
val from office, resignation or absence from the state, the speak-
er of the House of Representatives shall succeed to the office
and exercise the duties thereof, until a governor shall be elected
and qualified.
SECT. XIII. No member of Congress, or person holding any
office under the United States, or this state, shall execute the
office of governor.
SECT. XIV. There shall be a seal of this state, which shall be
kept by the governor and used by him officially, and shall be
called, The Great Seal of the State of Ohio.
SECT. XV. All grants and commissions shall be in the name
and by the authority of the state of Ohio, sealed with the seal,
signed by the governor, and countersigned by the secretary.
SECT. XVI. A Secretary of state shall be appointed by a joint
ballot of the Senate and House of Representatives, who shall con-
tinue in office three years, if he shall so long behave himself well;
he shall keep a fair register of all the official acts and proceed-
ings of the governor, and shall, when required, lay the same
and all papers, minutes and vouchers relative thereto, before
}
OHIO.
269
either branch of the Legislature, and shall perform such other
duties as shall be assigned him by law.
· ARTICLE III.
SECT. I. THE judicial power of this state, both as to matters
of law and equity, shall be vested in a supreme court, in courts
of common pleas for each county, in justices of the peace, and
in such other courts as the Legislature may, from time to time,
establish.
SECT. II. The supreme court shall consist of three judges,
any two of whom shall be a quorum. They shall have original
and appellate jurisdiction, both in common law and chancery,
in such cases as shall be directed by law: Provided, That
nothing herein contained shall prevent the General Assembly
from adding another judge to the supreme court after the term
of five years, in which case the judges may divide the state into
two circuits, within which any two of the judges may hold a
court.
SECT. III. The several courts of common pleas shall consist
of a president and associaté judges. The state shall be divided,
by law, into three circuits: There shall be appointed in each
circuit, a president of the courts, who, during his continuance
in office, shall reside therein. There shall be appointed in each
county, not more than three nor less than two associate judges,
who, during their continuance in office, shall reside therein.
The president and associate judges, in their respective counties,
any three of whom shall be a quorum, shall compose the court
of common pleas, which court shall have common law and
chancery jurisdiction in all such cases as shall be directed by
law: Provided, That nothing herein contained shall be constru
ed to prevent the Legislature from increasing the number of cir-
cuits and presidents after the term of five years.
SECT. IV. The judges of the supreme court and court of
common pleas, shall have complete criminal jurisdiction, in such
cases and in such manner as may be pointed out by law.
SECT. V. The court of common pleas in each county, shall
have jurisdiction of all probate and testamentary matters, grant-
ing administration, and appointment of guardians and such
other cases as shall be prescribed by law.
SECT. VI. The judges of the court of common pleas shall,
within their respective counties, have the same powers with the
judges of the supreme court, to issue writs of certiorari to the
justices of the peace, and to cause their proceedings to be
brought before them, and the like right and justice to be done.
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THE FREEMAN'S GUIDE
SECT. VII. The judges of the supreme court shall, by virtue
of their offices, be conservators of the peace throughout the
state. The presidents of the court of common pleas, shall, by
virtue of their offices, be conservators of the peace in their re-
spective circuits, and the judges of the court of common pleas
shall, by virtue of their offices, be conservators of the peace in
their respective counties.
SECT. VIII. The judges of the supreme court, the presidents
and the associate judges of the courts of common pleas, shall
be appointed by a joint ballot of both houses of the General As-
sembly, and shall hold their offices for the term of seven years,
if so long they behave well. The judges of the supreme cou
and the presidents of the courts of common pleas, shall, at stated
times, receive for their services an adequate compensation, to
be fixed by law, which shall not be diminished during their con-
tinuance in office, but they shall receive no fees or perquisites
of office, nor hold any other office of profit or trust under the
authority of this state or the United States.
SECT. IX. Each court shall appoint its own clerk for the term
of seven years, but no person shall be appointed clerk, except
pro tempore, who shall not produce to the court appointing
him a certficate from a majority of the judges of the supreme
court, that they judge him to be well qualified to execute the
duties of the office of clerk to any court of the same dignity with
that for which he offers himself. They shall be removable for
breach of good behavior, at any time, by the judges of the
respective courts.
SECT. X. The supreme court shall be held once a year, in
each county, and the courts of common pleas shall be holden
in each county at such times and places as shall be prescribed
by law.
SECT. XI. A competent number of justices of the peace shall
be elected by the qualified electors in each township in the se-
veral counties, and shall continue in office three years, whose
powers and duties shall, from time to time, be regulated and
defined by law.
SECT. XII. The style of all process shall be, The State of
Qhio, and all prosecutions shall be carried on in the name and
by the authority of the State of Ohio, and all indictments shall
conclude, Against the peace and dignity of the same.
ARTICLE IV.
SECT. I. IN all elections, all white male inhabitants above
the age of twenty-one years, having resided in the state one year-
OHIO.
271
next preceding the election, and who have paid or are charged
with a state or county tax, shall enjoy the right of an elector,
but no person shall be entitled to vote except in the county or
district in which he shall actually reside at the time of the
election.
SECT. 11. All elections shall be by ballot.
SECT. III. Electors shall, in all cases, except treason, felony,
or breach of the peace, be privileged from arrest, during their
attendance at elections, and in going to, and returning from the
same.
SECT. IV. The Legislature shall have full power to exclude
from the privilege of electing, or of being elected, any person
convicted of bribery, perjury, or any other infamous crime.
SECT. V. Nothing contained in this article shall be so con-
strued as to prevent white male persons above the age of twen-
ty-one years, who are compelled to labor on the roads of their
respective townships or counties, and who have resided one
year in the state, from having the right of an elector.
ARTICLE V.
SECT. I. CAPTAINS and subalterns in the militia, shall be
elected by those persons in their respective company district,
subject to military duty.
SECT. 11. Majors shall be elected by the captains and subal-
terns of the battalion....
SECT. III. Colonels shall be elected by the majors, cap-.
tains and subalterns of the regiment.
SECT. IV. Brigadiers general shall be elected by the com-
missioned officers of their respective brigades.
SECT. V. Majors general and quarter masters general shall
be appointed by joint ballot of both houses of the Legislature.
SECT. VI. The governor shall appoint the adjutant general.
The majors general shall appoint their aids and other division
officers; the brigadiers their majors; the brigade majors their
staff officers; commanders of regiments shall appoint their ad-
jutants, quarter masters, and other regimental staff officers;
and the captains and subalterns shall appoint their non-com-
missioned officers and musicians.
SECT. VII. The captains and subalterns of the artillery and
cavalry shall be elected by the persons enrolled in their respec-·
tive corps, and the majors and colonels shall be appointed in
such manner as shall be directed by law. The colonels shall
appoint their regimental staff, and the captains and subalterns
their non-commissioned officers and musicians..
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ARTICLE VI.
SECT. I. THERE shall be elected in each county one sheriff
and one coroner, by the citizens thereof, who are qualified to
vote for members of the Assembly; they shall be elected at the
time and place of holding elections for members of Assembly; -
they shall continue in office two years, if they shall so long be-
have well, and until successors be chosen and duly qualified:
Provided, That no person shall be eligible as sheriff for a
longer term than four years in any term of six years.
SECT. II. The state treasurer and auditor shall be trienni-
ally appointed by a joint ballot of both houses. of the Legis-
lature.
SECT. III. All town and township officers shall be chosen,
annually, by the inhabitants, thereof duly qualified to vote for
members of the Assembly, at such time and place as may be
directed by law.
SECT. IV. The appointment of all civil officers, not otherwise
directed by this Constitution, shall be made in such manner as
may be directed by law.
ARTICLE VII.
SECT. L. EVERY person who shall be chosen or appointed to
any office of trust or profit, under the authority of this state,
shall, before the entering on the execution thereof, take an oath
or affirmation, to support the Constitution of the United States
and this state, and also an oath of office.
SECT. II. Any elector who shall receive any gift or reward
for his vote, in meat, drink, money or otherwise, shall suffer
such punishment as the laws shall direct; and any person who
shall directly or indirectly give, promise, or bestow, any such
reward to be elected, shall thereby be rendered incapable, for
two years, to serve in the office for which he was elected, and
be subject to such other punishment as shall be directed by
law.
SECT. III. No new county shall be established by the Gene-
ral Assembly, which shall reduce the county or counties, or
either of them from which it shall be taken, to less contents
than four hundred square miles, nor shall any county be laid.
off of less contents. Every new county, as to the right of suf-
frage and representation, shall be considered as a part of the
county or counties from which it was taken, until entitled by.
numbers to the right of representation.
SECT. IV. Chilicothe shall be the seat of government until
the year one thousand eight hundred and eight. No money.
shall be raised until the year one thousand eight hundred and
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278™
nine by the Legislature of this state, for the purpose of erect-
ing public buildings for the accommodation of the Legislature.
SECT. V. That after the year one thousand eight hundred and
six, whenever two thirds of the General Assembly shall think
it necessary to amend or change this Constitution, they shall
recommend to the electors at the next election for members to
the General Assembly, to vote for or against a convention, and
if it shall appear that a majority of the citizens of the state vot-
ing for representatives have voted for a convention, the Gene-
ral Assembly shall, at their next session, call a convention to
consist of as many members as there be in the General Assem-
bly, to be chosen in the same manner, at the same places, and
by the same electors that choose the General Assembly, who
shall meet within three months after the said election, for the
purpose of revising, amending or changing the Constitution.
But no alteration of this Constitution shall ever take place, so
as to introduce slavery or involuntary servitude into this state.
SECT. VI. That the limits and boundaries of this state be as-
certained, it is declared, that they are as hereafter mentioned,
that is to say, bounded on the east by the Pennsylvania line, on
the south by the Ohio river to the mouth of the Great Miami
river, on the west hy the line drawn due north from the mouthˇ·
of the Great Miami aforesaid, and on the north by an east and
west line drawn through the southerly extreme of lake Michi-'
gan, running east after intersecting the due north line aforesaid,
from the mouth of the Great Miami until it shall intersect lake'
Erie, or the territorial line, and thence with the same through
lake Erie to the Pennsylvania line aforesaid; provided always,
and it is hereby fully understood, and declared by this conven-
tion, that if the southerly bend, or extreme of lake Michigan
should extend so far south, that a line drawn due east from it,
should not intersect lake Erie, or if it should intersect the said
lake Erie east of the mouth of the Miami river of the lake, then
and in that case, with the assent of the Congress of the United
States, the northern boundary of this state shall be established
by, and extended to, a direct line running from the southern
extremity of lake Michigan to the most northerly cape of the
Miami bay, after intersecting the due north line from the mouth
of the Great Miami river as aforesaid, thence northeast to the
territorial line, and by the said territorial line to the Pennsyl-
yania line.
ARTICLE VIII.
THAT the general, great, and essential principles of liberty
and free government may be recognized, and forever unalteras
bly established, we declare;
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THE FREEMAN'S GUIDE.
SECT. I. That all men are born equally free and indepen-
dent, and have certain, natural, inherent, and unalienable rights,
amongst which are the enjoying and defending life and liberty,
acquiring, possessing, and protecting property, and pursuing
and obtaining happiness and safety; and every free republican
government being founded on their sole authority, and orga-
nized for the purpose of protecting their liberties, and securing
their independence; to effect these ends, they have at all times
a complete power to alter, reform, or abolish their government,
whenever they may deem it necessary,
SECT. II. There shall be neither slavery nor involuntary
servitude in this state, otherwise than for the punishment of
crimes, whereof the party shall have been duly convicted, nor
shall any male person, arrived at the age of twenty-one years
nor female person arrived at the age of eighteen years, be held
to serve any person as a servant, under pretence of indenture
or otherwise, unless such person shall enter into such inden-
ture while in a state of perfect freedom, and on condition of a
bona fide consideration, received or to be received for their ser-
vice, except as before excepted. Nor shall any indenture of
any negro mulattoes hereafter made and executed out of this
state, or if made in the state where the term of service exceeds
one year, be of the least validity, except those given in the case
of apprenticeships.
SECT. III. That all men have a natural aud indefeasible right
to worship Almighty God, according to the dictates of their con-
sciences; that no human authority can in any case whatever,
control or interfere with the rights of conscience; that no man
shall be compelled to attend, erect, or support any place of wor-
ship, or to maintain any ministry against his consent; and that
no preference shall ever be given by law to any religious socie-
ty or mode of worship; and no religious test shall be required
as a qualification to any office of trust or profit. But religion,
morality, and knowledge being essentially necessary to the good
government and the happiness of mankind, schools and the
means of instruction shall forever be encouraged by legislative
provision, not inconsistent with the rights of conscience.
SECT. IV. Private property ought and shall ever be held in-
violate, but always subservient to the public welfare, provided a
compensation in money be made to the owner.
SECT. V. That the people shall be secure in their persons,
houses, papers, and possessions, from all unwarrantable search-
es and seizures; and that general warrants whereby an officer
may be commanded to search suspected places, without proba-
ble evidence of the fact committed, or to seize any person or
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•
persons not named, whose offences are not particularly descri-
bed, and without oath or affirmation, are dangerous to liberty,
and shall not be granted.
SECT. VI. That the printing presses shall be open and free
to every citizen who wishes to examine the proceedings of any
branch of government, or the conduct of any public officer, and
no law shall ever restrain the right thereof. Every citizen has
an indisputable right to speak, write, or print upon any subject
as he thinks proper, being liable for the abuse of that liberty.
In prosecutions for any publication respecting the official con-
duct of men in a public capacity, or where the matter publish-
ed is proper for public information, the truth thereof may al-
ways be given in evidence; and in all indictments for libels, the
jury shall have a right to determine the law and the facts, un-
der the direction of the court, as in other cases.
SECT. VII. That all courts shall be open, and every person
for an injury done him in his lands, goods, person, or reputa-
tion, shall have remedy by the due course of law, and right and
justice administered without denial or delay.
SECT. VIII. That the right of trial by jury shall be inviolate.
SECT. IX. That no power suspending the laws shall be exer-
cised, unless by the Legislature.
SECT. X. That no person arrested or confined in jail, shall
be treated with unnecessary rigor, or be put to answer any
criminal charge, but by presentment, indictment, or impeach-
ment.
SECT. XI. That in all criminal prosecutions, the accused
hath a right to be heard by himself and his counsel, to demand
the nature and cause of the accusation against him, and to have
a copy thereof; to meet the witnesses face to face; to have
compulsory process for obtaining witnesses in his favor, and
in prosecutions by indictment or presentment, a speedy public
trial by an impartial jury of the county or district in which the
offence shall have been committed, and shall not be compelled
to give evidence against himself, nor shall he be twice put in
jeopardy for the same offence.
SECT. XII That all persons shall be bailable by sufficient
sureties, unless for capital offences, where the proof is evident
or the presumption great, and the privilege of the writ of habeas
corpus shall not be suspended, unless when in case of rebellion
or invasion, the public safety may require it.
SECT, XIII. Excessive bail shall not be required, excessive
fines shall not be imposed, nor cruel and unusual punishments
inflicted.
SECT. XIV. All penalties shall be proportioned to the nature
of the offence. No wise Legislature will affix the same punish-
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ment to the crimes of theft, forgery, and the like, which they
do to those of murder and treason. When the same undistin-
guished severity is exerted against all offences, the people
are led to forget the real distinction of the crimes themselves,
and to commit the most flagrant with as little compunction as
they do the lightest offences. For the same reasons, a multi-
tude of sanguinary laws are both impolitic and unjust; the true.
design of all punishments being to reform, not to exterminate
mankind.
SECT.XV. The person of the debtor, where there is not strong
presumption of fraud, shall not be continued in prison, after de-
livering up his estate for the benefit of his creditor or creditors,
in such manner as shall be prescribed by law.
SECT. XVI. No ex post facto law, nor any law impairing the
validity of contracts, shall ever be made, and no conviction shall
work corruption of blood nor forfeiture of estate.
SECT. XVII. That no person shall be liable to be transported
out of this state for any offence committed within the state.
SECT. XVIII. That a frequent recurrence to the fundamental
principles of civil government, is absolutely necessary to pre-
serve the blessings of liberty.
SECT. XIX. That the people have a right to assemble to-
gether, in a peaceable manner, to consult for their common
good, to instruct their representatives, and to apply to the Le-
gislature for redress of grievances.
SECT. XX. That the people have a right to bear arms for the
defence of themselves and the state; and as standing armies in
time of peace are dangerous to liberty, they shall not be
kept up, and that the military shall be kept under strict subor-
dination to the civil power.
SECT. XXI. That no person in this state, except such as are
employed in the army or navy of the United States, or militia
in actual service, shall be subject to corporeal punishment under
the military law.
SECT. XXII. That no soldier, shall in time of peace, be quar-
tered in any house without the consent of the owner, nor in
time of war, but in the manner to be prescribed by law.
SECT. XXIII. That the levying taxes by the poll is grievous
and oppressive, therefore the Legislature shall never levy a
poll tax for county or state purposes.
ཙ
SECT. XXIV. That no hereditary emoluments, privileges, or
honors shall ever be granted or conferred by this state.
SECT. XXV. That no law shall be passed to prevent the poor
in the several counties and townships within this state, from an
equal participation in the schools, acadèmies, colleges, and
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277
universities within this state, which are endowed, in whole or
in part, from the revenue arising from the donations made by.
the United States for the support of schools and colleges; and
the doors of the said schools, academies and universities, shall
be open for the reception of scholars, students and teachers of
every grade, without any distinction or preference whatever,
contrary to the intent for which the said donations were made.
SECT. XXVI. That laws shall be passed by the Legislature,
which shall secure to each and every denomination of religious
societies in each surveyed township which now is, or may here-
after be formed in the state, an equal participation, according
to their number of adherents, of the profits arising from the
land granted by Congress for the support of religion, agreeably
to the ordinance or act of Congress, making the appropriation.
SECT. XXVIL. That every association of persons, when regu-
larly formed within this state, and having given themselves a
name, may, on application to the Legislature, be entitled to re-
ceive letters of incorporation, to enable them to hold éstates
real and personal, for the support of their schools, academies,
colleges, universities and other purposes.
SECT. XXVIII. To guard against the transgressions of the high
powers which we have delegated, we declare, that all powers
not hereby delegated, remain with the people.
SCHEDULE.
SECT I. That no evils or inconveniences may arise from
the change of a territorial government to a permanent state go-
vernment, it is declared by this convention that all rights, suits,
actions, prosecutions, claims and contracts, both as it respects
individuals and bodies corporate, shall continue as if no change
had taken place in this government.
SECT. II. All fines, penalties and forfeitures due and owing to
territory of the the United States northwest of the river Ohio,
shall enure to the use of the state. All bonds, executed to the go-
vernor, or any other officer in his official capacity,in the territory,
shall pass over the governor, or the other officers of the state, and
their successors in office, for the use of the state, or by him or
them to be respectively assigned over to the use of those con-
cerned, as the case may be..
SECT. III. The governor, secretary and judges, and all other
officers under the territorial government, shall continue in the
exercise of the duties of their respective departments, until the
said offices are superseded under the authority of this Constitu-
tion.
SECT. IV. All laws, and parts of laws, now in foree in this
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THE FREEMAN'S GUIDE.
territory, not inconsistent with this Constitution, shall continue
and remain in full effect, until repealed by the Legislature, ex-
cept so much of the act, entitled, An act regulating the admis-
sion and practice of attorneys and counsellors at law; and of
the act made amendatory thereto, as relates to the term of time
which the applicant shall have studied law, his residence with-
in the territory, and the term of time which he shall have prac-
tised as an attorney at law, before he can be admitted to the
degree of a counsellor at law.
SECT. V. The governor of the state shall make use of his
private seal, until a state seal be procured.
SECT. VI. The president of the convention shall issue writs of
election to the sheriffs of the several counties, requiring them
to proceed to the election of a governor, members of the Gene-
ral Assembly, sheriffs and coroners, at the respective election
districts in each county, on the second Tuesday of January
next; which elections shall be conducted in the manner pre-
scribed by the existing election laws of this territory; and the
members of the General Assembly, sheriffs and coroners then
elected, shall continue to exercise the duties of their respective
offices, until the next annual or biennial election thereafter, as
prescribed in this Constitution, and no longer.
SECT. VII. Until the first-enumeration shall be made, as di-
Y rected in the second section of the first article of this Constitu-
tion, the county of Hamilton shall be entitled to four senators
and eight representatives; the county of Clermont, one senator
and two representatives; the county of Adams, one senator
and three representatives; the county of Ross, two-senators and
four representatives; the county of Fairfield, one senator and
two representatives; the county of Washington, two senators
and three representatives; the county of Belmont, one senator
and two representatives; the county of Jefferson, two senators
and four representatives; the county of Trumbull, one senator
and two representatives.
DONE in Convention at Chilicothe, the twenty-ninth day of
November, in the year of our Lord one thousand eight
hundred and two, and of the independence of the United
States of America the twenty-seventh.
In testimony whereof, we have hereunto subscribed our names.
EDWARD TIFFIN, President,
And representative from Ross.
Adams-Jos. Darlington, Israel Donaldson, Tho. Kirker.
Belmont-James Caldwell, Elijah Woods.
Clermont-Philip Gatch, James Sargent.
LOUISIANA.
279
Fairfield-Henry Abrams, Em. Carpenter.
Hamilton-John W. Browne, Charles W. Byrd, Fra. Dun-
lavy, Wm. Goforth, John Kithell, Jer. Morrow, John Paul, John
Reily, John Smith, John Wilson.
Jefferson-Rudolph Bear, George Humphry, John Milligan,
Nath. Updegraff, Baz. Wells.
Ross-Mich. Baldwin, James Grubb, Nath. Massie,T.Worth-
ington.
Trumbull-David Abbot, Samuel Huntington.
Washington-Eph. Cutler, Ben. Ives Gilman, John M'In-
tire, Rufus Putnam.
Attest,
THO. SCOTT, Secretary.
LOUISIANA.
The Constitution or form of Government.
WE, the representatives of the people of all that part of the
territory or country ceded under the name of Louisiana, by the
treaty made at Paris, on the 30th day of April 1803, between
the United States and France, contained in the following limits,
to wit: Beginning at the mouth of the river Sabine; thence by
a line, to be drawn along the middle of said river, including all
islands to the thirty-second degree of latitude; thence due north,
to the northernmost part of the thirty-third degree of north la-
titude; thence along the said parallel of latitude, to the river
Mississippi; thence down the said river to the river Iberville, and
from thence along the middle of the said river and lakes Maure-
pas and Pontchartrain, to the gulf of Mexico; thence bounded
by the said Gulf to the place of beginning, including all islands
within three leagues of the coast; in convention assembled, by
virtue of an act of Congress, entitled "An act to enable the
people of the territory of Orleans to form a Constitution and
state government, and for the admission of the said state into the
Union on an equal footing with the original states, and for other
purposes;" in order to secure to all the citizens thereof, the
enjoyment of the rights of life, liberty and property, 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 Louisi--
ana,
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1
ARTICLE I.
DISTRIBUTION OF THE POWERS OF GOVERNMENT.
SECT. I. THE powers of the government of the state of Lot-
isiana shall be divided into three distinct departments, and each
of them be confided to a separate body of magistracy, to wit:
Those which are legislative to one; those which are executive,
to another; and those which are judiciary, to another.
SECT. II. No person, or collection of persons, being one of
those departments, shall exercise any power properly belonging
to either of the others; except in the instances hereinafter ex-
pressly directed or permitted.
ARTICLE II.
LEGISLATIVE DEPARTMENT.
SECT. I. The legislative power of this state shall be vested
in two distinct branches; the one to be styled the House of Re-
presentatives, the other the Senate; and both together, the Ge-
neral Assembly of the state of Louisiana.
SECT. II. The members of the House of Representatives.
shall continue in service for the term of two years, from the day
of the commencement of the general election.
SECT. III. Representatives shall be chosen on the first Mon-
day in July, every two years; and the General Assembly shall
convene on the first Monday in January, in every year, unless.
a different day be appointed by law; and their sessions shall be
held at the seat of government.
SECT. IV. No person shall be a representative who, at the
time of his election, is not a free white male citizen of the Uni-
ted States, and hath not attained the age of twenty-one years,
and resided in this state two years next preceding his election,
and the last year thereof in the counties for which he may be
chosen, or in the district for which he is elected, in case
the said counties may be divided into separate districts of elec-
tion, and has not held for one year, in the said county or dis-
trict, landed property to the value of five hundred dollars, agree-
ably to the tax list.
-
SECT. V. Elections for representatives for the several coun-
ties, entitled to representation, shall be held at the places of
holding their respective courts, or in the several election pre-
cincts into which the Legislature may think proper from time
to time to divide any or all of those counties.
SECT. VI. Representation shall be equal and uniform in this
state; and shall be forever regulated and ascertained by the
LOUISIANA.
281
number of qualified electors therein. In the year one thousand
eight hundred and thirteen, and every fourth year thereafter, an
enumeration of all the electors shall be made in such manner
as shall be directed by law. The number of representatives
shall, in the several years of making these enumerations, be
so fixed as not to be less than twenty-five nor more than fifty.
SECT. VII. The House of Representatives shall choose its
speaker and other officers.
SECT. VI. In all elections for representatives,every free white
male citizen of the United States, who, at the time being, hath
attained to the age of twenty one years, and resided in the
county in which he offers to vote one year next preceding the
election, and who in the last six months prior to the said elec-
tion shall have paid a state tax, shall enjoy the rights of an elec-
tor: Provided, however, That every free white male citizen of
the United States, who shall have purchased lands from the
United States, shall have the right of voting whenever he shall
have the other qualifications of age and residence above pre-
scribed. Electors shall, in all cases except treason, felony,
breach or surety of the peace, be privileged from arrest during
their attendance at, going to or returning from elections.
SECT. IX. The members of the Senate shall be chosen for the
term of four years; and when assembled, shall have the power
to choose its officers annually.
SECT. X. The state shall be divided into fourteen senatorial
districts, which shall forever remain indivisible as follows: The
parish of St. Bernard and Plaquemine, including the country
above as far as the canal (des pecheurs) on the east of the Mis-
sissippi, and on the west as far as Bernody's canal, shall form
one district. The city of New-Orleans beginning at the Nuns'
Platantion above, and extending below as far as the abovemen-
tioned canal (des pecheurs) including the inhabitants of the
Bayou St. John, shall form the second district. The remainder
of the county of Orleans shall form the third district The coun-
ties of German Coast, Acadia, Lafourche, Iberville, Pointe Cou-
pee, Concordia, Attackapas, Oppelouses, Rapides, Nachitoches
and Ouachitta, shall each form one district, and each district
shall elect a senator.
SECT. XI. At the first session of the General Assembly after
this Constitution takes effect, the senators shall be divided by
lot, as equally as may be, into two classes; the seats of the se-
nators of the first class shall be vacated at the expiration of
the second year, and of the second class at the expiration of
the fourth year, so that a rotation shall be chosen every two
years, that one half thereby may be kept up perpetually.
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SECT. X11. No person shall be a senator, who, at the time of
his election, is not a citizen of the United States, and who hath
not attained to the age of twenty-seven years; resided in this
state four years next preceding his election, and one year in 'the
district in which he may be chosen, and unless he holds within
the same a landed property of the value of one thousand dol-
lars, agreeably to the tax list.
SECT. Xill. The first election for senators shall be general
throughout the state, and at the same time that the general
election for representatives is held; and thereafter there shall
be a biennial election of senators to fill the places of those whose
time of service may have expired.
SECT. XIV. Not less than a majority of the members of each
House of the General Assembly, shall form a quorum to do
business; but a smaller number may adjourn from day to day,
and shall be authorized by law to compel the attendance of ab-
sent members, in such manner and under such penalties as
may be prescribed thereby.
SECT. XV. Each House of the General Assembly shall judge
of the qualifications, elections and returns of its members; but
a contested election shall be determined in such manner as
shall be directed by law.
SECT. XVI. Each House of the General Assembly may de-
termine the rules of its proceedings, punish a member for dis-
orderly behavior; and, with the concurrence of two thirds, ex-
pel a member, but not a second time for the same offence.
SECT. XVII. Each House of the General Assembly shall
keep and publish weekly a journal of its proceedings; and the
yeas and nays of the members on any question, shall, at the
desire of any two of them, be entered on their journal.
SECT. XVII. Neither House, during the session of the Gene-
ral Assembly, shall, without the consent of the other, adjourn
for more than three days, nor to any other place, than that in
which they may be sitting.
SECT. XIX. The members of the General Assembly shall se-
verally receive from the public treasury a compensation for
their services, which shall be four dollars per day, during their
attendance at, going to, and returning from the sessions of their:
respective Houses: Provided, That the same may be encreased
or diminished by law; but no alteration shall take effect during
the period of service of the members of the House of Repre-
sentatives, by whom such alteration shall have been made.
SECT. XX. The members of the General Assembly shall, in
all cases, except treason, felony, breach or surety of the peace,
be privileged from arrest, during their attendance at the sessions
LOUISIANA.
283
of their respective Houses, and in going to, or returning from
the same; and for any speech or debate, in either House, they
shall not be questioned in any other place.
SECT. XXI. No senator or representative shall, during the
term for which he was elected, nor for one year thereafter, be
appointed or elected to any civil office of profit under this state,
which shall have been created, or the emoluments of which
shall have been encreased during the time such senator or re-
presentative was in office, except to such offices or appoint-
ments as may be filled by the elections of the people.
SECT. XXII. No person, while he continues to exercise the
functions of a clergyman, priest, or teacher of any religious
persuasion, society or sect, shall be eligible to the General As-
sembly, or to any office of profit or trust under this state.
SECT. XXIII. No person who at any time may have been a
collector of taxes for the state, or the assistant or deputy of such
collector, shall be eligible to the General Assembly, until he
shall have obtained a quietus for the amount of such collection,
and for all public moneys for which he may be responsible.
SECT. XXIV. No bill shall have the force of a law until on
three several days, it be read over in each house of the General
Assembly, and free discussion allowed thereon; unless in case
of urgency four fifths of the House, where the bill shall be de-
pending, may deem it expedient to dispense with this rule.
SECT XXV. All bills for raising revenue shall originate in
the House of Representatives, but the Senate may propose
amendments as in other bills: Provided, That they shall not
introduce any new matter, under the color of an amendment,
which does not relate to raising a revenue.
SECT. XXVI. The General Assembly shall regulate, by law,
by whom and in what manner writs of election shall be issued
to fill the vacancies which may happen in either branch thereof.
ARTICLE ÍII.
EXECUTIVE DEPARTMENT.
SECT. 1. THE supreme executive power of this state shall
be vested in a chief magistrate, who shall be styled the gover-
nor of the state of Louisiana.
SECT. 11. The governor shall be elected for the term of four
years, in the following manner: The citizens entitled to vote
for representatives, shall vote for a governor at the time and
place of voting for representatives and senators. Their votes
shall be returned by the persons presiding over the elections,
to the seat of government, addressed to the president of the
Senate; and on the second day of the General Assembly, the
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members of the two Houses shall meet in the House of Repre-
sentatives, and immediately after, the two candidates who shall
have obtained the greatest number of votes shall be balloted
for, and the one having a majority of votes shall be governor:
Provided however, That if more than two candidates have ob-
tained the highest number of votes, it shall be the duty of the
General Assembly to ballot for them in the manner above pre-
scribed; and in case several candidates should obtain an equal
number of votes next to the candidate who has obtained the
highest number, it shall be the duty of-the General Assembly
to select in the same manner the candidate who is to be bal-
loted for with him who has obtained the highest number of
votes.
SECT. 11. The governor shall be ineligible for the succeed-
ing four years, after the expiration of the time for which he
shall have been elected.
SECT. IV. He shall be at least thirty-five years of age, and a
citizen of the United States, and have been an inhabitant of this
state at least six years preceding his election, and shall hold
in his own right a landed estate of five thousand dollars value,
agreeably to the tax list.
SECT. v. He shall commence the execution of his office on
the fourth Monday succeeding the day of his election, and shall
continue in the execution thereof, until the end of four wecks
next succeeding the election of his successor, and until his suc-
cessor shall have taken the oath or affirmation prescribed by
this Constitution. \-
SECT. VI. No member of Congress, or person holding any
office under the United States, or minister of any religious so-
ciety, shall be eligible to the office of governor.
SECT. VII. The governor shall, at stated times, receive for
his services a compensation, which shall neither be encreased
nor diminished during the term for which he shall have been
elected.
SECT. VIII. He shall be commander in chief of the army and
navy of this state, and of the militia thereof, except when they
shall be called into the service of the United States; but he
shall not command personally in the field, unless he shall be
advised so to do by a resolution of the General Assembly.
}
SECT. IX. He shall nominate and appoint, with the advice
and consent of the Senate, judges, sheriffs, and all other officers
whose offices are established by this Constitution, and whose
appointments are not herein otherwise provided for: Provided
however, That the Legislature shall have a right to prescribe
the mode of appointment of all other offices to be established by
law.
LOUISIANA.
285
SECT. X. The governor shall have power to fill up vacancies
that they may happen during the recess of the Legislature, by
granting commissions which shall expire at the end of the next
session.
SECT. XI. He shall have power to remit fines and forfeitures,
and, except in cases of impeachment, to grant reprieves and
pardons, with the approbation of the Senate. In cases of trea-
son he shall have power to grant reprieves until the end of the
next session of the General Assembly, in which the power of
pardoning shall be vested.
SECT. XII. He may require information in writing from the
officers in the executive department upon any subject relating
to the duties of their respective offices.
SECT. XIII. He shall, from time to time, give to the General
Assembly information respecting the situation of the state, and
recommend to their consideration such measures as he may
deem expedient.
SECT. XIV. He may, on extraordinary occasions, convene the
General Assembly at the seat of government, or at a different
place if that should have become dangerous from an enemy or
from contagious disorders; and in case of disagreement between
the two houses with respect to the time of adjournment, he may
adjourn them to such time as he may think proper, not exceed-
ing four months.
SECT. XV. He shall take care that the laws be faithfully ex-
ecuted.
SECT. XVI. It shall be his duty to visit the different counties
at least once in every two years, to inform himself of the state of
the militia and the general condition of the county.
SECT. XVII. In case of the impeachment of the governor,
his removal from office, death, refusal to qualify, resignation,
or absence from the state, the president of the Senate, shall ex-
ercise all the power and authority appertaining to the office of
governor, until another be duly qualified, or the governor ab-
sent or impeached, shall return or be acquitted.
SECT. XVII. The president of the Senate, during the time he
administers the government, shall receive the same compensa-
tion which the governor would have received had he been em-
ployed in the duties of his office.
SECT. XIX. A secretary of state shall be appointed and com-
missioned during the term for which the governor shall have
been elected, if he shall so long behave himself well; he shall
keep a fair register, and attest all official acts and proceedings
of the governor; and shall, when required, lay the same and
all papers, minutes and vouchers, relative thereto, before either
286
THE FREEMAN'S GUIDE.
house of the General Assembly; and shall perform such other
duties as may be enjoined him by law.
SECT. XX. Every bill which shall have passed hoth Houses
shall be presented to the governor; if he approve he shall sign
it, if not he shall return it with his objections, to the House in
which it shall have originated; who shall enter the objections
at large upon their journal, and proceed to reconsider it; if,
after such reconsideration, two thirds of all the members elected
to that House shall agree to pass the bill, it shall be sent with
the objections to the other House, by which it shall likewise be
reconsidered, and if approved by two thirds of all the members
elected to that House, it shall be à law. But in such cases, the
votes of both Houses shall be determined by yeas and nays, and
the names of the members voting for and against the bill, shall
be entered on the journal of each House respectively. If any
bill shall not be returned by the governor within ten days (Sun-
days excepted) after it shall have been presented to him, it shall
be a law in the like manner as if he had signed it, unless the
General Assembly by their adjournment, prevent its return, in
which case it shall not be a law, unless sent back within three
days after their next meeting.
a
SECT. XXI. Every order, resolution or vote, to which the con-
currence of both Houses may be necessary, except on a question
of adjournment, shall be presented to the governor, and before
it shall take effect be approved by him, or being disapproved
shall be repassed by two thirds of both Houses.
SECT. XX. The free white men of this state shall be armed
and disciplined for its detence; but those who belong to reli-
gious societies, whose tenets forbid them to carry arms, shall
not be compelled so to do, but shall pay an equivalent for per-
sonal service.
SECT. XXVIII. The militia of this state shall be organized in
such manner as may be hercafter deemed most expedient by
the Legislature.
ARTICLE. IV.
JUDICIARY DEPARTMENT.
SECT. 1. THE judiciary power shall be vested in a supreme
court and inferior courts.
SECT. H. The supreme court shall have appellate jurisdic-
tion only, which jurisdiction shall extend to ali civil cases when
the matter in dispute shall exceed the sum of three hundred
dollars.
?
SECT. III. The supreme court shall consist of not less than
three judges, nor more than five; the majority of whom shall
form a quorum; each of the said judges shall receive a salary
LOUISIANA.
287
of five thousand dollars annually. The supreme court shall hold
its sessions at the places hereinafter mentioned; and for that
purpose the state is hereby divided into two districts of appel-
late jurisdiction, in each of which the supreme court shall ad-
minister justice in the manner hereafter prescribed. The east-
ern district to consist of the counties of New-Orleans, German
Coast, Acadia, Lafourche, Iberville, and Pointe Coupee. The
western district to consist of the counties of Attakapis, Oppe-
louses, Rapides, Concordia, Natchitoches, Ouachitta. The su-
preme court shall hold its sessions in each year, for the eastern
district in New-Orleans during the months of November, De-
cember, January, February, March, April, May, June, and Ju-
ly; and for the western district, at the Oppelouses during the
months of August, September, and October, for five years: Pro-
vided however, That every five years the Legislature may
change the place of holding said court in the western district.
The said court shall appoint its own clerks,
SECT. IV. The Legislature is authorized to establish such
inferior courts as may be convenient to the administration of
justice.
SECT. V. The judges both of the supreme and inferior courts
shall hold their offices during behavior; but for any reasonable
cause which shall not be sufficient ground for impeachment,
the Governor shall remove any of them, on the address of three
fourths of each house of the General Assembly; Provided how-
ever, That the cause or causes for which such removal may be
required, shall be stated at length in the address, and inserted
on the journal of each House.
SECT. VI. The judges, by virtue of their office, shall be con-
servators of the peace throughout the state; the style of all pro-
cess shall be The state of Louisiana, All prosecutions shall be
carried on in the name and by the authority of the State of Lou-
siaina, änd conclude, Against the peace and dignity of the same.
SECT. VII. There shall be an attorney general for the state,and
as many other prosecuting attorneys for the state as may be
hereafter found necessary. The said attorneys shall be appoint-
ed by the governor with the advice and approbation of the Se-
nate. Their duties shall be determined by law.
SECT. VI. All commissions shall be in the name, and by
'the authority of the state of Louisiana, and sealed with the state
seal, and signed by the governor.
SECT. IX. The state treasurer, and printer or printers of the
state, shall be appointed annually, by the joint vote of both
houses of the General Assembly: Provided, That during the
288
THE FREEMAN'S GUIDE.
recess of the same, the governor shall have power to fill vacan-
cies which may happen in either of the said offices.
SECT. X. The clerks of the several courts shall be remova-
ble for breach of good behavior, by the court of appeals only,
who shall be judge of the fact as well as of the law.
SECT. XI. The existing laws in this territory, when this Con-
stitution goes into effect, shall continue to be in force until al-
tered or abolished by the Legislature: Provided however, That
the Legislature shall never adopt any system or code of laws,
by a general reference to the said system or code; but, in all
cases, shall specify the several provisions of the laws it may
enact.
་
SECT. XII. The judges of all courts within this state shall, as
often as it may be possible so to do, in every definite judgment,
refer to the particular law, in virtue of which such judgment
may have been rendered; and in all cases adduce the reasons
on which their judgment is founded.
ARTICLE V.
IMPEACHMENTS.
3
SECT. I. The power of impeachment shall be vested in the
House of Representatives, alone.
SECT. II. All impeachments shall be tried by the Senate;
when sitting for that purpose, the senators shall be upon oath or
affirmation; and no person shall be convicted without the con-
currence of two thirds of the members present.
SECT. III. The governor and all the civil officers shall be liable
to impeachment for any misdemeanor in office; but judgment, in
such cases, shall not extend further than to removal from office,
and disqualification to hold any office of honor, trust, or profit
under this state; but the parties convicted shall nevertheless be
liable and subject to indictment, trial, and punishment accord-
ing to law.
ARTICLE Vi.
GENERAL PROVISIONS.
SECT. I. Members of the General Assembly and all officers,
executive and judicial, before they enter upon the execution of
their respective offices, shall take the following oath or affirma-
tion: "I, A B, do solemnly swear (or affirm) that I will faithful-
ly and impartially discharge and perform all the duties incum-
bent on me, as- -according to the best of my abilities and
understanding, agreeably to the rules and regulations of the
Constitution and the laws of this state: so help me God.
ܵܢ
LOUISIANA.
289
SECT. II. Treason against the state shall consist only in levy-
ing war against it, or in adhering to its enemies, giving them aid
and comfort; no person shall be convicted of treason, unless on
the testimony of two witnesses to the same overt act, or his own
confession in open court.
SECT. III. Every person shall be disqualified from serving as
gövernor, senator, or representative, for the term for which he
shall have been elected, who shall have been convicted of hav
ing given or offered any bribe to procure his election.
SECT. IV. Laws shall be made to exclude from office and
from suffrage those who shall thereafter be convicted of bribe-
ry, perjury, forgery, or other high crimes or misdemeanors.
The privilege of free suffrage shall be supported by laws re-
gulating elections, and prohibiting, under adequate penalties,
all undue influence thereon, from power, bribery, tumult, or
other improper practices.
SECT. V. No money shall be drawn from the treasury, but
in pursuance, of any appropriation made by law; nor shall any
appropriation of money for the support of an army be made for a
longer term than one year; and a regular statement, and ac-
count of the receipts and expenditures of all public moneys;
shall be published annually. -
SECT. VI. It shall be the duty of the General Assembly to
pass such laws as may be necessary and proper to decide dif-
ferences by arbitrators, to be appointed by the parties who may
choose that summary-mode of adjustment.
SECT. VII. All civil officers for the state at large, shall reside
within the state, and all district or county officers within their
respective districts or counties, and shall keep their respec-
tive offices at such places therein, as may be required by law.
SECT. VIII. The Legislature shall determine the time of du-
ration of the several public offices, when such time shall not
have been fixed by this Constitution; and all civil officers, ex-
cept the governor and judges of the superior and inferior
courts, shall be removable by an address of two thirds of the
members of both Houses, except those, the removal of whom
has been otherwise provided for by this Constitution.
SECT. IX. Absence on the business of this state, or of the
United States, shall not forfeit a residence once obtained, so as
to deprive any one of the rights of suffrage, or of being elected
or appointed to any office under this state, under the exceptions
contained in this Constitution.
SECT. x. It shall be the duty of the General Assembly to
regulate by law, in what cases and what deduction from the
J
290
THE FREEMAN'S GUIDE
salaries of public officers shall be made for neglect of duty in
their official capacity.
SECT. X1. Returns of all elections for the members of the
General Assembly shall be made to the secretary of state for
the time being.
SECT. XII. The Legislature shall point out the manner in
which a man coming into the country, shall declare his resi-
dence,
SECT. XIII. In all elections by the people, and also by the
Senate and House of Representatives, jointly or separately, the
votes shall be given by ballot.
SECT. XIV. No member of Congress, nor person holding or
exercising any office of trust or profit, under the United States,
or either of them, or under any foreign powers, shall be eligible
as a member of the General Assembly of this state, or hold or
exercise any office of trust or profit under the same.
SECT. xv. All laws that may be passed by the General As-
sembly of this state, and the judicial and legislative written
proceedings of the same, shall be promulgated, preserved and
conducted in the language in which the Constitution of the
United States is written.
SECT, XVI. The General Assembly shall direct by law, how
persons who now are, or may hereafter become securities for
public officers, may be returned or discharged on account of
such securityship.
SECT. XVII. No power of suspending the laws of this state
shall be exercised, unless by the Legislature, or its authority.
SECT. XVII. In all criminal prosecutions, the accused shall
have the right of being heard by himself or counsel; of de-
manding the nature and cause of the accusation against him;
of meeting the witnesses face to face; of having compulsory
process for obtaining witnesses in his favor; and, in prosecu
tions by indictment or information, a speedy public trial, by an
impartial jury of the vicinage; nor shall he be compelled to
give evidence against himself.
SECT. xix. All prisoners shall be bailable by sufficient secu
reties, unless for capital offences, where the proof is evident,
or presumption great; and the privilege of the writ of habeas
corpus shall not be suspended; unless,. when in casè of rebel-
lion or invasion, the public safety may require it..
SECT. XX. No ex fost facto law, nor any law impairing the.
obligation of contracts, shall be passed.
SECT. XXI. Printing presses shall be free to every person
who undertakes to examine the proceedings of the Legisla-
LOUISIANA.
291
ture, or any branch of the government; and no law shall ever
be made to restrain the right thereof. The free communication
of thoughts and opinions, is one of the invaluable rights of man,
and every citizen may freely speak, write, and print, on any sub-
ject, being responsible for the abuse of that liberty.
SECT. XXII. Emigration from the state shall not be prohi-
bited.
SECT. XXIII. The citizens of the town of New-Orleans shall
have the right of appointing the several public officers necessary
for the administration and the police of the said city, pursuant
to the mode of election, which shall be prescribed by the Legis-
lature: Provided, That the mayor and recorder shall be ineli-
gible to a seat in the General Assembly.
SECT. XXIV. The seat of government shall continue at New-
Orleans, until removed by law.
SECT. XXV. All laws contrary to this Constitution shall be
null and void.
ARTICLE VII.
MODE OF REVISING THE CONSTITUTION.
WHEN experience shall point out the necessity of amend-
ing this Constitution, and a majority of all the members
elected to each House of the General Assembly, shall within
the first twenty days of their stated annual session, concur in
passing a law, specifying the alterations intended to be made,
for taking the sense of the good people of this state, as to the
necessity and expediency of calling a convention, it shall be the
duty of the several returning officers, at the next general elcc-
tion, which shall be held for representatives after the passage
of such law, to open a poll for, and make return to the secre-
tary for the time being, of the names of all those entitled to vote
for representatives, who have voted for calling a convention:
and if thereupon it shall appear that a majority of all the citi-
zens of this state, entitled to vote for representatives, have vot-
ed for a convention, the General Assembly shall direct that a
similar poll shall be opened, and taken for the next year; and
if thereupon it shall appear that a majority of all the citizens of
this state, entitled to vote for representatives, have voted for a
convention, the General Assembly shall, at their next session,
call a convention, to consist of as many members as there shall
be in the General Assembly, and no more; to be chosen in the
same manner, and proportion, at the same places, and at the
same time, that representatives are, by citizens entitled to vote
for representatives; and to meet within three months after the
said election, for the purpose of re-adopting, amending or chang-
292
THE FREEMAN'S GUÍDE.
ing this Constitution. But if it shall appear, by the vote of
either year, as aforesaid, that a majority of all the citizens en-
titled to vote for representatives, did not vote for a convention,
convention shall not be called.
SCHEDULE.
SECT.. THAT no inconveniences may arise from the change
of a territorial to a permanent state government; it is declared
by the convention, that all rights, suits, actions, prosecutions,
claims and contracts, both as it respects individuals and bodies
corporate, shall continue as if no change had taken place in
this government, in virtue of the laws now in force.
SECT. II. All fines, penalties and forfeitures, due and owing
to the territory of Orleans shall enure to the use of the state.
All bonds executed to the governor or any other officer in his
official capacity in the territory, shall pass over to the governor,
or to the officers of the state and their successors in office, for
the use of the state, by him or by them to be respectively as-
signed over to the use of those concerned, as the case may be.
SECT. 11. The governor, secretary, and judges, and all other
officers under the territorial government, shall continue in the
exercise of the duties of their respective departments until the
said officers are superseded under the authority of the Consti-
tution.
SECT. IV. All laws now in force in this territory, not incon-
sistent with this Constitution, shall continue and remain in full
effect until repealed by the Legislature.
SECT. V. The governor of this state shall make use of his
private seal, until a state seal be procured.
SECT. VI. The oaths of office herein directed to be taken,
may be administered by any justice of the peace, until the Le-
gislature shall otherwise direct.
SECT. VII. At the expiration of the time after which this Con-
stitution is to go into operation, or immediately after official in-
formation shall have been received that Congress have approv-
ed of the same, the president of the convention shall issue writs
of election to the proper officers in the differeut counties, en-
joining them to cause an election to be held for governor and
members of the General Assembly, in each of their respective
districts. The election shall commence on the fourth Monday
following the day of the president's proclamation, and shall take
place on the same day throughout the state. The mode and du-
ration of the said election shall be determined by the laws now
in force: Provided however, That in case of the absence or dis-
ability of the president of the convention, to cause the said
LOUISIANA.
293
election to be carried into effect, the secretary of the conven-
tion shall discharge the duties hereby imposed on the president;
and that in case of absence of the secretary, a committee of
Messrs. Blanque, Brown, and Urquhart, or a majority of them,
shall discharge the duties herein imposed on the secretary of
the convention; and the members of the General Assembly thus
elected shall assemble on the fourth Monday thereafter at the
seat of government The governor and members of the Ge-
neral Assembly, for this time only, shall enter upon the duties
of their respective offices, immediately after their election, and
shall continue in office, in the same manner, and during the
same period, they would have done had they been elected on the
first Monday of July, 1812.
SECT. VIII. Until the first enumeration shall made, as di-
rected in the sixth section of the second article of this Consti-
tution, the county of Orleans shall be entitled to six representa-
tives, to be elected as follow: One by the first senatorial dis-
trict within the said county, four by the second district, and one
by the third district; the county of German Coast to two repre-
sentatives; the county of Acadia to two representatives; the
county of Iberville to two representatives; the county of Lafour-
che to two representatives, to be elected as follow: one by the
parish of the Assumption, and the other by the parish of the In-
terior; the county of Rapides to two representatives; the coun-
ty of Natchitoches to one representative; the county of Concor-
dia to one representative; the county of Ouachitta to one re-
presentative; the county of Oppelouses to two representatives;
the county of Attackapas to three representatives, to be elected
as follow: two by the parish of St. Martin, and the third by the
parish of St. Mary; and the respective senatorial distrists, cre-
ated by this Constitution, to one senator each.
Done in convention, at New-Orleans, the twenty-second day
of the month of January, in the year of our Lord one thou-
sand eight hundred and twelve, and of the independence
of the United States of America, the thirty-sixth.
J. POYDRAS,
President of the Convention,
Orleans-J. D. Degoutin Bellechasse, J. Blanque, F. Jh. Le
Breton L'Orgenoy, Mgre. Guichard, S. Henderson, P. Denis
de la Ronde, F. Livandais, Bernard Marigny, Thos. Urquhart,
Jacques Villere, John Watkins, Samuel Winter.
German Coast James Brown, Jean Noel Destrehan, Andre
La Branche.
294
THE FREEMAN'S GUIDE.
1
Acadia-Michel Cantrelle, L. M. Reynaud, Genezi Roussin.
Iberville-Amant Hebert, William Wikoff, Jr.
Lafourche William Goforth, Bela Hubbard, Jr. St. Martin,
'H. S. Thibodaux.
Pointe-Coupee-S. Hiriart,
Rapides-Robert Hall, Thomas F. Oliver, Levi Wells.
Nachitoches-P. Bossiers, Prud'homme.
Concordia James Dunlap, David B. Morgan.
Quachitta-Henry Bry.
Oppelouses-Ailan B. Magruder, D. J. Sutton, John Thomp-
son.
Attackapas-Louis De Blanc, Henry Johnson, W. C. Ma-
quille, Chas. Oliver, Alex. Porter, Jr.
Attest
1
ELIGIUS FROMENTIN,
Secretary to the Convention.
THE END.
}
MASSACHUSETTS CONSTITUTION.-On Fri-
day, the people of that State voted on
three proposed amendments to the State
Constitution.-Returns from 101 towns,
including Boston, show that all three were
approved by the people.
1st propostion-No person shall have the
right to vote, or be eligible to office, under
the constitution of this commonwealth,
who shall not be able to read the Constitu-
tion in the English language, and write his
name. Provided, however, that the pro-
visions of this amendment shall not apply
to any person preyented by physical disabil-
ity from complying with its requisitions,
nor to any person who now has the right to
vote, nor to any person who shall be sixty
years of age or upwards at the time this
amendment shall take effect.
This is adopted, by about 2 to 1, so far.
In the whole State it will be more than 3
to 1.
The other two amendments reduce the
House of Representatives to 240, chosen by
Districts, and fix the Senate at 40, also
y Districts. A quorum of the House is
00; of the Senate 16. These amendments
assed by 10 to 1.
The proceedings in the Massachu-
setts Legislature receive some attention
from the religious newspapers. Zion's
Herald (Methodist) has the following fit-
ting rebuke of the spirit which resisted
and defeated the Atheist Witness Bill:
We are sorry to see that the bill to al-
low all to give testimony in courts, what-
over their religious opinions, has failed in
the Senate of Massachusetts. Manifestly
every human being capable of witnessing a
fact and describing it, should be allowed to
testify and the judge and jury should
take his testimony for just what they think
it worth. We hope the religious press will
show that they understand freedom, and
not betray a lurking inclination to perse-
cute, by opposing this bill.

r
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vai John Jenson
Spe Cell 29 Jone 81
repaired 29 Jan '80

A DEATH BED.
[Translated from the German.]
*
I had once a very dear friend, who was literally
starved to death, owing to an obstruction of the up-
per orifice of the stomach. During the last four
weeks of his life he could not take the least, susten-
ance. It is not to be expressed what energy of
mind this man displayed throughout his lingering ill-
ness, and how it increased every day, so as to be
truly wonderful at last, when his whole body was
already quite cold. He was a fortnight in dying.
At the same time he made the minutest observations
on himself, and could always describe to the phy-
sicians to a hair's breadth what progress death had
made since their. preceding visit. He left a wife
and six children; and never can I recollect without
deep emotion with what fortitude he strove to con-
sole them for his early decease, and how much more
soothing was the comfort he administered, the near-
er the day approached on which they were to lose
him. Now my hands and my feet are dead '-'Now
death has advanced to my knees and my elbows '—
Now all is dead as far as my shoulders and my
hips'-Such were the accounts that he gave me
when I called to see him. At the same time he
would converse on the most important concerns of
man and on domestic matters with the same interest,
the same soundness of judgment, and the same con-
sistency, as in the days of his best health. • Now
my ears too are dead and you must speak to me by
signs,' said he, the day before he expired. On the
last, when I went to him, he articulated with some
difficulty: My sight has been gone since midnight.
Then the lamp went out-but only for me. Death
is already seizing my tongue. Leave me alone for
a few moments, that I may once more make a truly /
worthy use of it. Then come back and put my
hands in one another; I will die praying, and as a
sign that I am dying, I will open my closed eyes—
that is, if I can. I should like to turn them in death
towards heaven, though I can no longer see it with
them.'-We left him and he prayed, as far as we
could understand what he said, so affectingly, that
we all fell on our knees and joined with fervent de-
votion in his aspirations. When we returned to him,
he smiled with closed eyes, from which we conclu-
ded that he had by this time lost the use of his
tongue. I placed his hands as he had desired.
solemn silencé ensued, and every one watched for
the promised opening of his eyes; but he was not
able to give the sign. A tremulous motion only
was observed in the eyelids, accompanied with a still
more heavenly smile. It was as though I read at
this moment in his countenance the last blessing for
6
family, & the last
thing her of God. Hy
has sunk
mon
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UNIVERSITY OF MINNESOTA
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0123456
0123456
654321
A4 Page 8543210
AIIM SCANNER TEST CHART #2
4 PT
6 PT
8 PT
Spectra
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",/?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:”,./?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:',./?$0123456789
10 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
Times Roman
4 PT
6 PT
8 PT
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:'../?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
10 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
4 PT
6 PT
8 PT
Century Schoolbook Bold
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
10 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
4 PT
6 PT
News Gothic Bold Reversed
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:'',/?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:',./?$0123456789
8 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
10 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
4 PT
6 PT
8 PT
Bodoni Italic
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?80123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
10 PT ABCDEFGHIJKLMNOPQRSTUVWXYZabcdefghijklmnopqrstuvwxyz;:",./?$0123456789
ΑΒΓΔΕΞΘΗΙΚΛΜΝΟΠΡΣΤΥΩΝΨΖαβγδεξθηικλμνοπορστνωχ ζ=7",/St=#°><ΕΞ
Greek and Math Symbols
4 PT
6 PT
8 PT
ΑΒΓΔΕΞΘΗΙΚΛΜΝΟΠΦΡΣΤΥΩΧΨΖαβγδεξθηικλμνοπφροτυωχψί=7",/S+=#°><><><=
ΑΒΓΔΕΞΘΗΙΚΛΜΝΟΠΦΡΣΤΥΩΧ Ζαβγδεξθηικλμνοπόρστυωχψίπτ",./St##°><><><Ξ
10 ΡΤ ΑΒΓΔΕΞΘΗΙΚΛΜΝΟΠΦΡΣΤΥΩΧΨΖαβγδεξθηικλμνοπορστνωχ ίΞτ",/St=#°><><=
White
MESH HALFTONE WEDGES
I
|
65
85
100
110
133
150
Black
Isolated Characters
e
3
1
2
3
a
4
5
6
7
о
8
9
0
h
B
O5¬♡NTC
65432
A4 Page 6543210
A4 Page 6543210
©B4MN-C
65432
MEMORIAL DRIVE, ROCHESTER, NEW YORK 14623
RIT ALPHANUMERIC RESOLUTION TEST OBJECT, RT-1-71
0123460
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5 582
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​14 E2 S
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12E25
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5836
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4 538
5 EBS
6 EB
15853
TYWES
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11285
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ROCHESTER INSTITUTE OF TECHNOLOGY, ONE LOMB
PRODUCED BY GRAPHIC ARTS RESEARCH CENTER