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THE FEDERAL AND STATE
CONSTITUTIONS
COLONIAL CHARTERS, AND OTHER
ORGANIC LAWS
OF THE
STATES, TERRITORIES, AND
COLONIES
NOW OR HERETOFORE FORMING
THE UNITED STATES OF AMERICA
Compiled and Edited
under the Act of Congress of June 30, 1906
By
FRANCIS NEWTON THORPE, Ph. D., LL. D.
Member of the Pennsylvania Bar; Fellow and Professor of American Constitu-
tional History at the University of Pennsylvania, 1885-1898; Member of
the American Historical Association; Author of The Constitutional History
of the United States, 1765-1895; A (State) Constitutional History of
the American People, 1776-1850; A Short Constitutional History
of the United States; A (Social and Economic) History of the
American People; A History of the Civil War; Editor of the His-
tory of North America, Volumes IX, XV, XVI, XVHI, XIX,
XX; Author of The Government of the People of the
United States; Benjamin Franklin and the University
of Pennsylvania; The Life of William Pepper, etc.
VOL. V
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New Jersey— Philippine Islands .^oJ
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WASHINGTON
GOVERNMENT PRINTING OFFICE
1909
4-S30
NEW JERSEY
For organic acts relating to the lands now included within New Jersey see
in other parts of this worli : —
Virginia Charter of 1606 (Virginia, p. 3783).
Council for New England, 1620 (Massachusetts, i). 1827).
Dutch West India Company, 1621 (p. 59).
Grant to Duke of York, 1664 (Maine, p. 1637).
Grant to Duke of York, 1674 (Maine, p. 1641).
THE DUKE OF YORK'S RELEASE TO JOHN LORD BERKELEY, AND
SIR GEORGE CARTERET, 24TH OF JUNE, 1664 «
This indenture made the four and twentieth day of June, in the
sixteenth year of the reign of our sovereign Lord, Charles the Second,
by the grace of God of England, Scotland, France and Ireland, King
Defender of the Faith, &c., Annoq. Domini, 1664. Between His
Royal Highness, James Duke of York, and Albany, Earl of Ulster,
Lord High Admiral of England, and Ireland, Constable of Dover
Castle, Lord Warden of the Cinque ports, and Governor of Ports-
mouth, of the one part: John Lord Berkeley, Baron of Stratton,
and one of His Majesty's most Honourable Privy Council, and Sir,
George Carteret of Saltrum, in the County of Devon, Knight and one
of His Majesty's most Honourable Privy Council of the other part:
AVhereas his said Majesty King Charles the Second, by his Letters
Patents under the Great Seal of England, bearing date on or about
the twelfth day of March, in the sixteenth year of his said Majesty's
reign, did for the consideration therein mentioned, give and grant
unto his said Royal Highness James, Duke of York, his heirs and
assigns, all that part of the main land of New England, beginning at
a certain place called or known by the name of St. Croix next adjoin-
ing to New Scotland in America; and from thence extending along
the sea coast unto a certain place called Pemaquie or Pemaquid, and
so by the river thereof to the furthest head of the same as it tendeth
northward ; and extending from thence to the river of Kenebeque, and
so upAvards by the shortest course to the river Canady northwards;
and also all that island or islands commonly called by the several
name or names of Matowacks or Long Island, situate and being
towards the west of Cape Codd and the Narrow Higansetts, abutting
upon the main land between the two rivers there, called or known by
the several names of Connecticut, and Hudson's river; together also
with the said river called Hudson's river, and all the land from the
west side of the Connecticut river to the east side of the Delaware
a Verified by " Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed., pp. 8-11.
2633
2534 New Jersey— 1664
Bay : and also several other islands and lands in said Letters Patents
mentioned, together with the rivers, harbours, mines, minerals, quar-
ries, woods, marshes, waters, lakes, fishing, hawkings, huntings, and
fowling, and all other royalties, profits, commodities and heridita-
-ments to the said several islands lands and premises belonging and
appertaining, to have and to hold the said lands, islands, heredita-
ments and premises, with their and every of their appurtenances, unto
his said Royal Hiness James Duke of York, his heirs and assigns for
ever; to be holden of his said Majesty, his heirs and successors, as of
the manner of East Greenwich, in the County of Kent, in free and
common soccage, yielding and rendering unto his said Majesty his
heirs and successors of and for the same, yearly and every year, forty
beaver skins, when they shall be demanded, or within ninety days
after; with divers other grants, clauses, provisos, and agreements, in
the said recited Letters Patents contained, as by the said Letters Pat-
ents, relation being thereunto had, it doth and may more plainly and
at large appear. Noav this Indenture witnesseth, that his said Royal
Highness James Duke of York, for and in consideration of a com-
petent sum of good and lawful money of E-ngland to his said Royal
Highness James Duke of York in hand paid by the said John Lord
Berkley and Sir George Carteret, before the sealing and delivery of
these presents, the receipt whereof the said James Duke of York, doth
hereby acknowledge, and thereof doth acquit and discharge the said
John Lord Berkley and Sir George Carteret forever by these presents
hath granted, bargained, sold, released and confirmed, and by these
presents doth grant, bargain, sell, release and confirm unto the said
John Lord Berkley and Sir George Carteret, their heirs and assigns
for ever, all that tract of land adjacent to New England, and lying
and being to the westward of Long Island, and Manhitas Island and
bounded on the east part by the main sea, and part by Hudson's river,
and hath upon the west Delaware bay or river, and extendeth south-
ward to the main ocean as far as Cape May at the mouth of the Dela-
ware bay ; and to the northward as far as the northermost branch of
the said bay or river of Delaware, which is forty-one degrees and
forty minutes of latitude, and crosseth over thence in a strait line to
Hudson's river in forty-one degrees of latitude; which said tract of
land is hereafter to be called by the name or names of New Caeserea
or New Jersey : and also all rivers, mines, mineralls, woods, fishings,
hawking, hunting, and fowling, and all other royalties, profits, com-
modities, and hereditaments whatever, to the said lands and premises
belonging or in any wise appertaining ; with their and every of their
appurtenances, in as full and ample manner as the same is granted to
the said Duke of York by the before-recited Letters Patents ; and all
the estate, title, interest, benefit advantage, claim and demand of the
said James Duke of York, of in or to the said and premises,
or any part or parcel thereof, and the reversion and reversions, re-
mainder and remainders thereof : All of which said tract of land and
premises were by indenture, bearing date the day before the date
hereof, bargain'd and sold by the said James- Duke of York, unto the
said John Lord Berkeley and Sir George Carteret, for the term, of one
whole year to commence from the first day of May last past, before
the date thereof, under the rent of a peper corn, payable as therein
is mentioned as by the said deed more plainly may appear : by force
New Jersey— 1664 2535
and virtue of which said indenture of bargain and sale, and of the
statute for transferring of uses into possession, the said John Lord
Berkley and Sir George Carteret, are in actual possession of the said
tract of land and premises, and enabled to take a grant and release
thereof, the said lease being made to that end and purpose, to have
and to hold all and singular the said tract of land and premises ; with
their, and every of their appurtenances, and every part and parcel
thereof, unto the said John Lord Berkeley and Sir George Carteret,
their heirs and assigns for ever, to the only use and behoof of the said
John Lord Berkeley and Sir George Carteret their heirs and assigns
for ever ; yielding and rendering therefore unto the said James Duke
of York, his heirs and assigns, for the said tract of land and premises,
yearly and every year the sum of twenty nobles of lawful money of
England, if the same shall be lawfully demanded at or in the Inner
Temple Hall, London, at the Feast of St. Michael the Arch Angel
yearly. And the said John Lord Berkley and Sir George Carteret
for themselves and their heirs, covenant and grant to and with the
said James Duke of York, his heirs and assigns by these presents, that
they the said John Lord Berkley and Sir George Carteret, their heirs
and assigns, shall and will w^ell and truly pay or cause to be paid unto
the said James Duke of York, his heirs and assigns, the said yearly
rent of twenty nobles at such time and place, and in such manner and
form as before in these presents is expressed and delivered. In wit-
ness whereof the parties aforesaid to these presents have interchange-
ably set their hands and seals, the day and year first above written.
James.
Sign'd, seal'd and deliver'd in the presence of
William Covenrye,
Thomas Heywood.
THE CONCESSION AND AGREEMENT OF THE LORDS PROPRIETORS
OF THE PROVINCE OF NEW CAESAREA, OR NEW JERSEY, TO
AND WITH ALL AND EVERY THE ADVENTURERS AND ALL
SUCH AS SHALL SETTLE OR PLANT THERE— 1664 «
Imprimus. We do consent and agree, that the Governor of the said
Province hath power, by the advice of his Council, to depute one in
his place and authority, in case of death or removal, to continue until
our further order, unless we have commissionated one before.
Item. That he hath likewise power to make choice of and to take
to him six councellors at least, or twelve at most, or any even number
between six and twelve, with whose advice and consent, or with at
least three of the six, or four of a greater number (all being sum-
mon'd) he is to govern according to the limitations and instructions
following, during our pleasure.
Item. That the chief Secretary or register which we have chosen,
or shall choose, (we failing) that he shall choose, shall keep exact
entries in fair books of all publick affairs : and to avoid deceits and
lawsuits, shall record and enter all grants of land from the lords to
o Verified by " Grants and Concessions of New Jersey." Learning & Spicer,
2d Ed., pp. 12-26.
2536 New Jersey— 1664
the planters ; and all conveyances of land, house or houses from man
to man, as also all leases for land, house or houses, made or to be
made by the landlord to any tenant for more than one year; which
conveyance or lease shall be first acknowledged by the grantor or
leasor, or proved by the oath of two witnesses to the lease or convey-
ance, before the Governor or some chief judge of a court for the time
being, who shall under his hand 'on the backside of the said deed or
lease, attest the acknowledgment or proof as aforesaid; which shall
be a warrant for the register to record the same: which conveyance
so recorded shall be good and effectual in law, notwithstanding any
other conveyance, deed or lease for the said land, house or houses, or
for any part thereof, altho' dated before the conveyance, deed or
lease, recorded as aforesaid: And the said register shall do all other
thing or things that we by our instructions shall direct, and the Gov-
ernor, Council and General Assembly shall ordain for the good and
welfare of the said Province.
Item. That the Surveyor General, that we have chosen or shall
choose, (we failing that the Governor shall choose) shall have power
by himself or deputy, to survey, lay out and bound all such lands as
shall be granted from the lords to the planters; and all other lands
within the said Province which may concern particular men as he
shall be desired to do, and a particular thereof certify to the register
to be recorded as aforesaid. Provided, that if the said register and
surveyor, or either of them, shall misbehave themselves, as that the
Governor and Council or Deputy Governor and Council, or the major
part of them, shall find it reasonable to suspend their actings in their
respective employments, it shall be lawful for them so to do, until
further orders from us.
Item. That the Governor, Councellors, Assembly Men, Secretary,
Surveyor, and all other officers of trust, shall swear or subscribe (in a
book to be provided for that purpose) that they will bear true
allegiance to the King of England, his heirs and successors ; and that
they will be faithful to the interests of the Lords Proprietors of the
said Province and their heirs, executors and assigns; and endeavour
the peace and welfare of the said Province ; and that they will truly
and faithfully discharge their respective trust in their respective
offices, and do equal justice to all men, according to their best skill
and judgment, without corruption, favour or affection ; and the names
of all that have sworn or subscribed, to be entered in a book. And
whosoever shall subscribe and not swear, and shall violate his promise
in that subscription, shall be liable to the same punishment that the
persons are or may be that have sworn and broken their oaths.
Item. That all persons that are or shall become subjects of the
King of England, and swear, or subscribe allegiance to the King, and
faithfulness to the lords, shall be admitted to plant and become free-
men of the said Pl-ovince, and enjoy the freedoms and immunities
hereafter express'd, until some stop or contradiction be made by us
the "Lords, or else the Governor, Council and Assembly, which shall
be in force until the Lords see cause to the contrary : provided that
such stop shall not any ways prejudice the right or continuance of
any person that have been receiv'd before such stop or orders come
from the General Assembly.
New Jersey— 1664 2537
Item. That no person qualified as aforesaid within the said Prov-
ince, at any time shall be any ways molested, punished, disquieted or
called in question for any difference in opinion or practice in matter
of religious concernments, who do not actually disturb the civil peace
of the said Province ; but that all and every such person and persons
may from time to time, and at all times, freely and fully have and
enjoy his and their judgments and consciences in matters of religion
throughout the said Province they behaving themselves peaceably and
quietly, and not using this liberty to licentiousness, nor to the civil
injury or outward disturbance of others; any law, statute or clause
contained, or to be contained, usuage or custom of this realm of
England, to the contrary thereof in any wise notwithstanding.
Item. That no pretence may be taken by our heirs or assigns for
or by reason of our right of patronage and power of advouson,
granted by his Majesty's Letter's Patents, unto his Eoyal Highness
James Duke of York, and by his said Eoyal Highness unto us,
thereby to infringe the general clause of liberty of conscience, afore-
mentioned: we do hereby grant unto the General Assembly of the
said Province, power by act to constitute and appoint such and so
many ministers or preachers as they shall think fit, and to establish
their maintenance, giving liberty beside to any person or persons to
keep and maintain what preachers or ministers they please.
Item. That the inhabitants being freemen, or chief agents to
others of the Province aforesaid ; do as soon as this our commission
shall arrive, by virtue of a writ in our names by the Governor to be
for the present (until our seal comes) sealed and signed, make choice
of twelve deputies or representatives from amongst themselves ; who
bein^ chosen are to join with the said Governor and council for the
makmg of such laws, ordinances and constitution as shall be neces-
sary for the present good and welfare of the said Province. But so
soon as parishes, divisions, tribes and other distinctions are made,
that then the inhabitants or freeholders of the several respective
parishes, tribes, divisions and distinctions aforesaid, do by our writts,
under our seals, (which we ingage, shall be in due time issued)
annually meet on the first day of January, and choose freeholders for
each respective division, tribe or parish to be the deputies or repre-
sentatives of the same: which body of representatives or the major
part of them, shall, with the Governor and council aforesaid, be the
General Assembly of the said Province, the Governor or his deputy
being present, unless they shall wilfully refuse, in which case they
may appoint themselves a president, during the absence of the Gov-
ernor or the deputy Governor.
First. To appoint their own time of meeting and to adjourn their
sessions from time to time to such times and places as they shall think
convenient; as also to ascertain the number of their quorum; pro-
vided that such numbers be not less than the third part of the whole,
in whom (or more) shall be the full power of the General Assembly.
II. To enact and make all such laws, acts and constitutions as shall
be necessary for the well government of the said Province, and them
2538 New Jersey— 1664
to repeal : provided, that the same be consonant to reason, and as near
as may be conveniently agreeable to the laws and customs of his
majesty's kingdom of England: provided also, that they be not
against the interest of us the Lords Proprietors, our heirs or assigns,
nor any of those our concessions, especially that they be not repug-
nant to the article for liberty of conscience above-mentioned : which
laws so made shall receive publication from the Governor and council
(but as the laws of us and our General Assembly) and be in force
for the space of one year and no more, unless contradicted by the
Lords Proprietors, within which time they are to be presented to us,
our heirs, &c. for our ratification; and being confirmed hj us, they
shall be in continual force till expired by their own limitation, or by
act of repeal in like manner to be passed (as aforesaid) and con-
firmed.
III. By act as aforesaid, to constitute all courts, together with the
limits, powers and jurisdictions of the same; as also the several offices
and number of officers belonging to each court, with their respective
salaries, fees and perquisites; their appellations and dignities, with
the penalties that shall be due to them, for the breach of their several
and respective duties and trusts.
IV. By act as aforesaid, to lay equal taxes and assessments, equally
to raise moneys or goods upon all lands (excepting the lands of us
the Lords Proprietors before settling) or persons within the several
precincts, hundreds, parishes, manors, or whatsoever other divisions
shall hereafter be made and established in the said Province, as oft
as necessity shall require, and in such manner as to them shall seem
most equal and easy for the said inhabitants; in order to the better
supporting of the publick charge of the said Government, and for
the mutual safety, defence and security of the said Province.
V. By act as aforesaid, to erect within the said Province, such and
so many manors, with their necessary courts, jurisdictions, freedoms,
and privileges, as to them shall seem meet and convenient : As also to
divide the said Province into hundreds, parishes, tribes, or such other
divisions and districtions, as they shall think fit; and the said divi-
sions to distinguish by what names we shall order or direct; and in
default thereof, by such names as they please: As also in the said
Province to create and appoint such and so many ports, harbours,
creeks, and other places for the convenient lading and unlading of
goods and merchandizes, out of ships, boats, and other vessels, as shall
be expedient; with such jurisdictions, privileges and franchises to
such ports, &c. belonging, as they shall judge most conducing to the
general good of the said Plantation or Province.
VI. By their enacting to be confirm'd as aforesaid, to erect, raise
and build within the said Province or any part thereof, such and so
many forts, fortresses, castles, cities, corporations, boroughs, towns,
villages, and other places of strength and defence; and them or any
of them, to incorporate with such charters and privileges, as to them
shall seem good, and the grant made unto us will permit; and the
same or any of them to fortify and furnish with such provisions and
proportion of ordnance, powder, shot, armour, and all other weapons,
ammunition and abiliments of war, both offensive and defensive, as
shall be thought necessary and convenient for the safety and welfare
New Jersey— 1664 2539
of the said Province. But they may not at any time demolish, dis-
mantle or disfurnish the same, without the consent of the Governor
and the major part of the council of the said Province.
VII. By act (as aforesaid) to constitute train'd bands and compa-
nies, with the number of soldiers, for the safety, strength and defence
of the said Province ; and of the forts, castles, cities, &c. To suppress
all mutinies and rebellions ; to make war offensive and defensive with
all Indians, strangers and foreigners, as they shall see cause; and to
pursue an enemy as well by sea as by land, if need be, out of the
limits and jurisdictions of the said Province, with the particular
consent of the Governor, and under his conduct, or of our commander
in chief, or whom he shall appoint.
VIII. By act (as aforesaid) to give to all strangers, as to them
shall seem meet, a naturalization, and all such freedoms, and privi-
leges within the said Province as to his majesty's subjects do of right
belong, they swearing or subscribing as aforesaid ; which said stran-
gers, so naturalized and privileged, shall be in all respects accounted
m the said Province, as the King's natural subjects.
IX. By act (as aforesaid) to prescribe the quantity of land which
shall be from time to time, allotted to every head, free or servant,
male or female, and to make and ordain rules for the casting of lots
for land and the laying out of the same ; provided, that they do not
in their prescriptions exceed the several proportions which are
hereby granted by us to all persons arriving in the said Province or
adventuring thither.
X. The General Assembly by act, as aforesaid, shall make provision
for the maintenance and support of the Governor, and for the defray-
ing of all necessary charges for the government; as also that the
constables of the said Province shall collect the Lord's rent, and shall
pay the same to the receiver that the Lords shall appoint to receive
the same; unless the General Assembly shall prescribe some other
way whereby the Lords may have their rents duly collected, without
charge or trouble to them.
XL Lastly, to enact, constitute and ordain all such other laws and
constitutions as shall or may be necessary for the good, prosperity
and settlement of the said Province, excepting what by these presents
is excepted, and conforming to the limitations herein expressed.
THE GOVERNOR IS WITH HIS COUNCIL BEFORE EXPRESS'd
First. To see that all courts establish'd by the laws of the General
Assembly, and all minivSters and officers, civil and military, do and
execute their several duties and offices respectively, according to the
laws in force; and to punish them for swerving from the laws, or
acting contrary to their trust, as the nature of their offences shall
require.
II. According to the constitution of the General Assembly, to
nominate and commissionate, the several judges, members and officers
of the courts, whether magistratical or ministerial and all other
civil officers, coroners, &c. and their commissions, powers, and
authority to revoke at pleasure: provided, that they appoint none
but such as are freeholders in the Province aforesaid, unless the
General Assembly consent.
2540 New Jersey— 1664
III. According to the constitution of the General Assembly, to
appoint courts and officers in cases criminal; and to impower them
to inflict penalties upon offenders against any of the laws in force
in the said Province, as the said laws shall ordain; whether by fine,
imprisonment, banishment, corporal punishment, or to the taking
away of member or life itself if there be cause for it.
IV. To place officers and soldiers for the safety, strength and
defence of the forts, castles, cities &c. according to the number
appointed by the General Assembly, to nominate, place and commis-
sionate all military officers under the dignity of the said Governor,
who is commissionated by us over the several train'd bands and
companies, constituted by the General Assembly, as colonels, cap-
tains, &c. and their commissions to revoke at pleasure. The Gov-
ernor with the advice of his Council, unless some present danger will
not permit him, to advise to muster and train all forces within the
said Province, to prosecute war, pursue an enemy, suppress all
rebellions, and mutinies, as well by sea as land; and to exercise the
whole militia, as fully as we by the grant from his Royal Highness
can impower them to do: Provided^ that they appoint no military
forces but Avhat are freeholders in the said Province, unless the
General Assembly shall consent.
V. Where they see cause, after condemnation, to repreive until the
case be presented, with a copy of the whole tryal, proceedings and
proofs to the Lords, w^ho will accordingly pardon or command exe-
cution of the sentence of the offender; who is in mean time to be
kept in safe custody till the pleasure of the Lords be known.
YI. In case of death or other removal of any of the Representa-
tives within the year, to issue summons by writ to the respective
division or divisions, for which he or they were chosen, commanding
the freeholders of the same to choose others in their stead.
VII. To make warrants and seal grants of lands, according to
those our concessions and the prescriptions, by the advice of the
General Assembly in such form as shall be at large set down in our
instructions to the Governor in his commission, and which are here-
after express'd.
VIII. To act and do all other things that may conduce to the
safety, peace and well-government of the said Province, as they
shall see fit; so as they be not contrary to the laws of the said
Province.
FOR THE BETTER SECURITY OF THE PROPRIETIES OF ALL THE INHABITANTS
First. They are not to impose nor suffer to be imposed, any tax,
custom, subsidy, tallage, assessment, or any other duty whatsoever
upon any colour or pretence, upon the said Province and inhabi-
tants thereof, other than what shall be imposed by the authority
and consent of the General Assembly, and then only in manner as
aforesaid.
II. They are to take care, that lands quietly held, planted and
possessed seven years, after its being duly survey'd by the Sur-
veyor General, or his order, shall not be subject to any review,
re-survey or alteration of bounders, on what pretence soever by any
of us, or by any officer or minister under us.
New Jersey— 1664 2541
III. They are to take care, that no man, if his cattle stray, range
or graze on any ground within the said Province, not actually appro-
priated or set out to particular persons, shall be lyable to pay any
trespass for the same, to us, our heirs or executors: Provided^
that custom of commons be not thereby pretended to, nor any per-
son hindered from taking up, and appropriating any lands so grazed
upon: And that no person doth purposely suffer his cattle to graze
on such lands.
AND THAT THE PLANTING OF THE SAID PROVINCE MAY BE THE MORE
SPEEDILY PROMOTED
I. We do hereby grant unto all persons who have already adven-
tured to the said Province of New Caesarea or New Jersey, or shall
transport themselves, or servants, before the first day of January,
which shall be in the year of our Lord one thousand six-hundred
sixty-five, these following proportions, viz: To every freeman that
shall go with the first Governor, from the port where he embarques,
or shall meet him at the rendezvous he appoints, for the settle-
ment of a plantation there, arm'd with a good musket, bore twelve
bullets to the pound, with ten pounds of powder, and twenty pounds
of bullets, with bandiliers and match convenient, and with six
months provision for his own person arriving there, one hundred
and fifty acres of land English measure ; and for every able servant
that he shall carry with him, arm'd and provided as aforesaid, and
arriving there, the like quantity of one hundred and fifty acres
English measure: And whosoever shall send servants at that time,
shall have for every man servant he or she shall send, armed and
provided as aforesaid, and arrive there, the like quantity of one
hundred and fifty acres: And for every weaker servant, or slave,
male or female, exceeding the age of fourteen years, which any one
shall send or carry, arriving there, seventy-five acres of land:" And
for every Christian servant, exceeding the age aforesaid, after the
expiration of their time of service, seventy-five acres of land for
their own use.
II. Item. To every master or mistress that shall go before the first
day of January, which shall be in the year one thousand six hundred
sixty-five ; one hundred and twenty acres of land. And for every able
man servant, that he or she shall carry or send, arm'd and provided
as aforesaid, and arriving within the time aforesaid, the like quantity
of one hundred and twenty acres of land: And for every weaker
servant or slave, male or female, exceeding the age of fourteen years,
arriving there, sixty acres of land : And to every Christian servant
to their own use and behoof sixty acres of land.
III. Item. To every free man and free woman that shall arrive
in the said Province, arm'd and provided as aforesaid, within the
second year, from the first day of January 1665 to the first day of
January one thousand six hundred sixty-six, with an intention to
plant, ninety acres of land English measure: And for every man
servant that he or she shall carry or send, armed and provided as
aforesaid, ninety acres of land of like measure.
IV. Item. For every weaker servant or slave, aged as aforesaid,
that shall be so carried or sent thither within the second year, as
2542 New Jersey— 166^
aforesaid, forty-five acres of land of like measure: And to every
Christian servant that shall arrive the second year, forty-five acres
of land of like measure, after the expiration of his or their time of
service, for their own use and behoof.
V. Item. To every free man and free woman, armed and provided
as aforesaid, that shall go and arrive with an intention to plant,
within the third year from January 1666 to January 1667, armed and
provided as aforesaid, threescore acres of land of like measure : And
for every able man servant, that he or she shall carry or send within
the said time, armed and provided as aforesaid, the like quantity of
threescore acres of land. And for every weaker servant or slave,
aged as aforesaid, that he or she shall carry or send within the third
year, thirty acres of land : And to every Christian servant so carried
or sent in the third year, thirty acres of land of like measure, after
the expiration of their time of service. All which land, and all other
that shall be possessed in the said Province, are to be held on the
same terms and conditions as is before mentioned, and as hereafter in
the following paragraphs is more at large express'd. Provided
always^ that the before mentioned land and all other whatsoever,
that shall be taken up and so settled in the said Province, shall after-
ward from time to time for the space of thirteen years from the
date hereof, be held upon the conditions aforesaid, continuing one
able man servant or two such weaker servants as aforesaid, on every
hundred acres a master or mistress shall possess, besides what was
granted for his or her own person: In failure of which upon other
disposure to the present occupant, or his assigns, there shall be three
years given to such for their compleating the said number of persons,
or for their sale or dispositions of such part of their lands as are not
so people'd within such time of three years. If any such person hold-
ing any land shall fail by himself his agents, executors or assigns, or
some other way to provide such number of persons, unless the Gen-
eral Assembly shall without respect to poverty, judge it was im-
possible for the party so failing, to keep or procure his or her number
of servants to be provided as aforesaid; in such case we the Lords
to have power of disposing of so much of such land as shall not be
planted with its due number of persons as aforesaid, to some others
that will plant the same. Provided always^ That no person arriving
in the said Province, with purpose to settle (they being subjects or
naturalized as aforesaid) be denied a grant of such proportions of
land as at the time of their arrival that are due to themselves or
servants, by concession from us as aforesaid ; but have full licence to
take up and settle the same, in such order and manner as is granted
or prescrib'd. All lands (notwithstanding the powers in the As-
sembly aforesaid) shall be taken up by warrant from the Governor,
and confirm'd by the Governor and Council, under a seal to be pro-
vided for that purpose, in such order and method as shall be set
down in this declaration, and more at large in the instruction to the
Governors, and Council.
AND THAT THE LANDS MAY BE THE MORE REGULARLY LAID OUT AND ALL
PERSONS THE BETTER ASCERTAIN 'd OF THEIR TITLE AND POSSESSION
I. The Governor and Council and General Assembly (if any be)
are to take care and direct, that all lands be divided by general lots,
New Jersey— 1664 2543
none less than two thousand one hundred acres, nor more than twenty
one thousand acres in each lot, excepting cities, towns, &c. and the
near lots of townships ; and that the same be divided into seven parts,
one seventh part to us, our heirs and assigns; the remainder to per-
sons as they come to plant the same, in such proportions as is allowed.
II. Item. That the Governor, or whom he shall depute, in case of
death or absence, if some be not before commissionated by us as afore-
said, do give to every person to whom land is due, a warrant sign'd
and seal'd by himself, and the major part of his Council, and directed
to the Surveyor General, or his deputy, commanding him to lay out,
limit and bound acres of land, as his due proportion, is for
such a person, in such allotment, according to the warrant; the
Register having first recorded the same, and attested the record upon
warrant; The Surveyor General, or his deputy, shall proceed and
certify to the chief Secretary or Register, the name of the person for
whom he hath laid out land, by virtue of what authority, the date of
the authority or warrant, the number of acres, the bounds, and on
what point of the compass the several limits thereof lye; which cer-
tificate the Register is likewise to enter in a book to be prepared for
that purpose, with an alphebettical table, referring to the book, that
so the certificate may be the easier found; and then to file the cer-
tificates, and the same to keep safely: The certificate being entered,
a warrant comprehending all the particulars of land mentioned in the
certificate aforesaid, is to be signed and sealed by him and his Council,
or the major part of them as aforesaid, they having seen the entry
and directed to the Register or chief Secretary for his preparing a
grant of the land to the party for whom it is laid out, which grant
shall be in the form following, viz.
The Lords proprietors of the Province of New Caesarea or New
Jersey, do hereby grant unto A. B. of the in the Province
aforesaid, a plantation containing acres English measure,
bounded (as in the certificate) to hold to him or her, his or her heirs
or assigns for ever, yielding and paying yearly to the said Lords
Proprietors, their heirs or assigns, every fifth and twentieth day of
March, according to the English account, one halfpenny of lawful
money of England, for every; of the said acres, to be holden of the
manner of East-Greenwich, in free and common soccage; the first
payment of which rent to begin the five and twentieth day of March,
which shall be in the year of our Lord one thousand six hundred and
seventy, according to the English account. Given under the seal of
the said province the day of in the year of our Lord
166 ^
To which instrument the Governor or his deputy hath hereby full
power to put the seal of the said Province, and to subscribe his
name, as also the Council, or the major parrt of them, are to sub-
scribe their names; and then the instrument or grant is to be by the
Register recorded in a book of records for that purpose; all which
being done according to those instructions we hereby declare, that
the same shall be effectual in law for the enjoyment of the said
plantation, and all the benefits and profits and in the same (except
the half part of mines of gold and silver) payincr the rents as afore-
said : Provided, that if any plantation so granted, shall by the space
of three years be neglected to be planted with a sufficient number of
servants, as is before mentioned, that then it shall be lawful for us
2544 New Jersey— 1672
otherwise to dispose thereof, in whole or in part, this grant not-
withstanding.
III. Item. We do also grant convenient proportions of land for
highways and for streets, not exceeding one hundred foot in breadth
in cities, towns and vilages, &c. and for churches, forts, wharfs,
kays, harbours and for publick houses; and to each parish for the
use of their ministers two hundred acres, in such places as the General
Assembly shall appoint.
IV. Item. The Governor is to take notice, that all such lands laid
out for the uses and purposes aforesaid, in the next preceeding article,
shall be free and exempt from all rents, taxes and other charges and
duties whatsoever, payable to us, our heirs or assigns.
Y. Item. That in laying out lands for cities, towns, vilages,
boroughs, or other hamblets, the said lands be divided into seven
l^arts ; one seventh part whereof to be by lot laid out for us, and the
rest divided to such as shall be willing to build thereon, they paying
after the rate of one penny or half-penny per acre (according to the
value of the land) yearly to us, as for their other lands as aforesaid;
which said lands in cities, towns, &c. is to be assured to each possessor
by the same way and instrument as is before mentioned.
IV. Item. That all rules relating to the building of each street, or
quantity of ground to be allotted to each house within the said
respective cities, boroughs and towns, be wholly left by act as afore-
said, to the wisdom and discretion of the General Assembly.
VII. Item. That the inhabitants of the said Province have free
passage thro' or by any seas, bounds, creeks, rivers or rivelets, &c. in
the said Province, thro' or by which they must necessarily pass to
come from the main ocean to any part of the Province aforesaid.
VIII. Lastly. It shall be lawful for the representatives of the
Freeholders, to make any address to the Lords touching the Gov-
ernor and Council, or any of them, or concerning any grievances
w^hatsoever, or for any other thing they shall desire, without the con-
sent of the Governor and Council, or any of them. Given under our
seal of our said Province the tenth day of February in the year of our
Lord one thousand six hundred sixty and four.
John Berkley,
G. Carteret.
A DECLARATION OF THE TRUE INTENT AND MEANING OF US
THE LORDS PROPRIETORS, AND EXPLANATION OF THERE CON-
CESSIONS MADE TO THE ADVENTURERS AND PLANTERS OF
NEW CAESAREA OR NEW JERSEY— 1672 «
Learning & Spicer 2d Ed. pp. 32-34.
I. That as to the 6th Article, it shall be in the power of the Gov-
ernor and his Council to admit of all persons to become planters and
free men of the said Province, without the General Assembly ; but no
person or persons whatsoever shall be counted a freeholder of the said
Province, nor have any vote in electing, nor be capable of being elected
o Verified by " Grants and Concessions of New Jersey."
I
New Jersey— 1672 2545
for any office or trust, either civil or military, until he doth actually
hold his or their lands by patent from us, the Lords proprietors.
II. As to the 8th article, it shall be in the power of the Governor
and Council, to constitute and appoint such ministers and preachers
as shall be nominated and chosen by the several corporations, without
the General Assembly, and to establish their maintenance, giving
liberty besides to any person or persons to keep and maintain what
preachers or ministers they please.
AS TO THE GENERAL ASSEMBLY
I. That is shall be in the power of the Governor and his Council to
appoint the times and places of meeting of the General Assembly,
and to adjourn and summon them together again when and where he
and they shall see cause.
II. To the third ; that it is to be understood, that it is in the power
of the Governor and his Council to constitute and appoint courts in
particular corporations already settled, without the General As-
sembly; but for the courts of sessions and assizes to be constituted
and established by the Governor Council and representatives to-
gether: and that all appeals, shall be made from the assizes, to the
Governor and his Council, and thence to the Lords proprietors;
from whom they may appeal to the king, and that no more corpora-
tions be confirm'd but by or wdth the special order of us the Lords
proprietors.
III. To the ninth article : that the Governor and his Council may
dispose of the allotments of land to each particular person, without
the General Assembly according to our directions, as he and they
shall think fit.
CONCERNING THE GOVERNOR
I. As to the second and third article ; all officers civil and militaiy
(except before excepted) be nominated and appointed by the Gov-
ernor and Council, without the General Assembly, unless he the said
Governor and Council shall see occasion for their advice and as-
sistance.
II. As to the fourth article, in case of foreign invasion or intestine
mutiny or rebellion; it shall be lawful for the Governor and his
Council to call in to their aid, any persons whatsoever whether free-
holder or not.
III. That in the sixth article, concerning the regular laying out
of lands ; rules for building each street in townships, and quantities
of ground for each house lot, the same is left to the freeholders or
first undertakers thereof, as they can agree with the Governor and
Council, and not to the General Assembly, but to be laid out by the
surveyor general.
IV. That all warrants for lands not exceeding the proportions
in the concessions, being only sign'd by the Governor and Secretary
shall be effectual in case his Council or any part of them be not
present.
We the Lords proprietors do understand that in all General As-
sembly's, the Governor and his Council are to set by themselves, and
2546 New Jersey— 1674
the deputies or representatives by themselves, and whatever they
do propose to be presented to the Governor and his Council, and upon
their confirmation to pass for an act or law when confirm'd by us.
Witness our hands and seals the 6th day of December, 1672.
John Berkley,
G. Carteret.
HIS EOYAI HIGHNESS'S GRANT TO THE LORDS PROPRIETORS,
SIR GEORGE CARTERET, 29TH JULY, 1674 «
This Indenture made the ninth and twentieth day of July, in the
twenty and sixth year of the reign of our Sovereign Lord, Charles
the Second, by the grace of God of England, Scotland, France and
Ireland, King, Defender of the Faith, &c. Anno Domini, one thou-
sand six hundred seventy- four. Albany, Earl of Ulster, Lord High
Admiral of Scotland and Ireland, of the one part, and Sir George
Carteret of Saltrum in the County of Devon, Knight, Vice Chamber-
lain of his Majesty's household of the other part. Whereas his
Majesty King Charles the Second, by his Letters Patent, under the
Great Seal of England, bearing date the twenty-ninth day of June,
in the twenty-sixth year of his said Majesty's reign, did for the con-
sideration therein mentioned, give and grant unto his said Royal
Highness James Duke of York, his heirs and assigns, all that part of
the main land of New England, beginning at a certain place called
or known by the name of St. Croix next adjoining to New Scotland,
in America; and from thence extending along the sea coast unto a
certain place called Pemaquine or Pemaquid, and so up the river
thereof to the furthest head of the same as it tendeth northward;
and extending from thence to the river Kenebeque, and so upwards
by the shortest course to the same commonly called by the several
name or names of Mattowacks or Long Island, situate and being
towards the west of Cape Codd and the Narrow Higansetts, abutting
upon the main land between the two rivers there, called or known by
the several names of Connecticutt, and Hudson's river ; together also
with the said river called Hudson's river, and all the lands from the
west side of Connecticutt river to the east side of Delaware bay : And
also several other islands and lands, in the said Letters Patent men-
tioned, together w4th the rivers, harbors, mines, minerals, quarries,
woods, marshes, waters, fishing, hawking, hunting, and fowling, and
all other royalties, profRts, commodities and hereditaments to the said
several islands, lands and premises belonging or appertaining, to
have and to hold the said lands, islands, hereditaments and premises,
with their and every of their appurtenances, unto his said Royal
Highness James Duke of York, his heirs and assigns for ever; to
be holden of his said Majesty, his heirs and successors as of the man-
ner of East Greenwich in the County of Kent, in free and common
soccage, yielding and paying to his said Majesty his heirs and suc-
cessors of and for the same, yearly and every year, forty beaver skins,
when they shall be demanded, or within ninety days after; with
divers other grants, clauses, provisoes, and agreements in the said
a Verified by " Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. 46^8.
New Jersey— 1674 254Y
recited Letters Patents contain'd, as by the said Letters Patents, rela-
tion being thereunto had, it doth and may more plainly appear.
Now this indenture witnesseth, that his said Royal Highness James
Duke of York, for and in consideration of a competent sum of good
and lawful money of England to his Royal Highness in hand paid
by the said Sir George Carteret, before the ensealing and delivery
of these presents, the receipt whereof his said Royal Highness James
Duke .of York, doth hereby acknowledge, and thereof doth acquit
and discharge the said Sir George Carteret, his heirs and assigns for
ever by these presents, hath granted, bargained, sold, released and con-
firmed, and by these presents doth grant, bargain, sell, release and con-
firm unto the said Sir George Carteret, his heirs and assigns for ever,
all that tract of land adjacent to New England, and lying and being
to the Avestward of Long Island and Manhitas Island, and bounded
on the east part by the main sea, and part by Hudson's river, and
extends southward as far as a certain creek called Barnegatt, being
about the middle, betAveen Sandy Point and Cape May, and bounded
on the west in a strait line from the said creek called Barnegat, to a
certain Creek in Delaware river, next adjoining to and below a cer-
tain creek in Delaware river called Renkokus Kill, and from thence
up the said Delaware river to the northermost branch thereof, which
is forty-one degrees and forty minutes of latitude ; and on the north,
crosseth over thence in a strait line to Hudson's river, in forty-one
degrees of latitude ; which said tract of land is hereafter to be called
by the name or names of New Caeserea or New Jersey : And also all
rivers, mines, minerals, woods, fishings, hawking, hunting, and fowl-
ing, and all royalties, profRts, commodities, and hereditaments what-
soever, to the said lands, and premises belonging or appertaining;
with their and every of their appurtenances, in as full and ample
manner as the same is granted unto the said James Duke of York, by
the before recited Letters Patents; and all the estate, right, title,
interest benefit, advantage, claim and demand of the said James Duke
of York of in and to the said lands and premises, or any part or parcel
thereof, and the reversion and reversions, remainder and remainders
thereof: All which said tract of land and premises were by in-
denture, bearing date the day before the date hereof, bargain'd
and sold by the said James Duke of York, unto Sir George Carteret,
for the term of one whole year to commence from the eighth and
twentieth day of July next before the date hereof, under the rent
of one peper corn, payable as therein is mentioned as by the said
deed more plainly may appear: By force and virtue of which said
indenture of bargain and sale, and of the statute made for trans-
ferring of usses into possession, the said Sir George Carteret, is in
actual possession of the said tract of land and premises, and enabled
to take a grant and release thereof, the said lease being made to that
end and purpose, to have and to hold all and singular the said tract
of land and premises; with their, and every of their appurtenances,
and every part and parcel thereof, unto the said Sir George Carteret,
liis heirs and assigns to the only behoof of the said Sir George Carteret
his heirs and assigns for ever; yielding and paying therefore unto
the said James Duke of York, his heirs and assigns, for the tract of
land and premises, yearly the sum of twenty nobles of lawful money
of England, if the same shall be lawfully demanded at or in the
7254— VOL 5— 00 2
2548 New Jersey— 1676
Inner Temple Hall, London, at the feast of St. Michael the Arch
Angel yearly. And the said Sir George Carteret for himself, his
heirs, and assigns, doth covenant and grant to and with the said
James Duke of York, his heirs and assigns by these presents, that he
the said Sir George Carteret, his heirs and assigns, shall and will well
and truly pay or cause to be paid unto his said Royal Hiness James
Duke of York, his heirs and assigns, the said yearly rent of twenty
nobles at such time and place, and in such manner and form as before
in these presents is express'd and declared. Provided alw^ays and
upon this condition, that the said Sir George Carteret do cause a
copy of this grant and demise to be entered with the auditor of his
said Royal Highness, within one month next after the execution of
this present grant and demise. In witness whereof the parties
to these presents have interchangeably set their hands and seals, the
day and year first above written. Sign'd.
James.
THE CHAETEE OE FUNDAMENTAL LAWS, OF WEST NEW JEESEY,
AGEEED UPON— 1676 «
Chapter XIII
THAT THESE FOLLOWING CONCESSIONS ARE THE COMMON LAW, OR FUN-
DAMENTAL RIGHTS, OF THE PROVINCE OF WEST NEW JERSEY
That the common law or fundamental rights and priviledges of
West New Jersey, are individually agreed upon by the Proprietors
and freeholders thereof, to be the foundation of the government,
which is not to be altered by the Legislative authority, or free
Assembly hereafter mentioned and constituted, but that the said
Legislative authority is constituted according to these fundamentals,
to make such laws as agree with, and maintain the said fundamentals,
and to make no laws that in the least contradict, differ or vary from
the said fundamentals, under what pretence or alligation soever.
Chapter XIV
But if it so happen that any person or persons of the said General
Assembly, shall therein designedly, willfully, and maliciously, move
or excite any to move, any matter or thing whatsoever, that contra-
dicts or any ways subverts, any fundamentals of the said laws in
the Constitution of the government of this Province, it being proved
by seven honest and reputable persons, he or they shall be proceeded
against as traitors to the said government.
Chapter XV
That these Concessions, law or great charter of fundamentals, be
recorded in a fair table, in the Assembly House, and that they be
readat the beginning and dissolving of every general free Assembly:
And it is further agreed and ordained, that the said Concessions,
a Verified by " Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. 393-398.
New_ Jersey— 1676 . 2549
common law, or great charter of fundamentals, be writ in fair tables,
in every common hall of justice within this Province, and that they
be read in solenm manner four times every year, in the presence of
the people, by the chief magistrates of those places.
Chapter XVI
That no men, nor number of men upon earth, hath power or au-
thority to rule over men's consciences m religious matters, therefore
it is consented, agreed and ordained, that no person or persons what-
soever within the said Province, at any time or times hereafter, shall
be any ways upon any pretence whatsoever, called in question, or in
the least punished or hurt, either in person, estate, or priviledge, for
the sake of his opinion, judgment, faith or worship towards God in
matters of religion. But that all and every such person, and persons,
may from time to time, and at all times, freely and fully have, and
enjoy his and their judgments, and the exercises of their consciences
in matters of religious worshij) throughout all the said Province.
Chapter XVII
That no Proprietor, freeholder or inhabitant of the said Province
of AVest New Jersey, shall be deprived or condemned of life, limb,
liberty, estate, property or any ways hurt in his or their privileges,
freedoms or franchises, upon any account whatsoever, without a due
tryal, and judgment passed by twelve good and lawful men of his
neighborhood first had : And that in all causes to be tryed, and in all
tryals, the person or persons, arraigned may except against any of
the said neghborhood, without any reason rendered, (not exceeding
thirty five) and in case of anj valid reason alleged, against every
person nominated for that service.
Chapter XVIII
And that no Proprietor, freeholder, freedenison, or inhabitant in
the said Province, shall be attached, ariested, or imprisoned, for or
by reason of any debt, duty, or thing Avhatsoever (cases felonious,
criminal and treasonable excepted) before he or she have personal
summon or summons, left at his or her last dwelling place, if in the
said Province, by some legal authorized officer, constituted and
appointed for that purpose, to appear in some court of judicature
for the said Province, with a full and plain account of the cause or
thing in demand, as also the name or names of the person or persons
at whose suit, and the court where he is to appear, and that he hath
at least fourteen days time to appear and answer the said suit, if he
or she live or inhabit within forty miles English of the said court,
and if at a further distance, to have for every twenty miles, two days
time more, for his and their appearance, and so proportionably for a
larger distance of place.
That upon the recording of the summons, and non-appearance of
such person and persons, a writ or attachment shall or may be issued
out to arrest, or attach the person or persons of such defaulters, to
cause his or their appearance in such court, returnable at a day cer-
tain, to answer the penalty or i^enalties, in such suit or suits ; and if
2550 New Jersey— 1676
he or they shall be condemned by legal tryal and judgment, the pen-
alty or penalties shall be paid and satisfied out of his or their real or
personal estate so condemned, or cause the person or persons so con-
demned, to lie in execution till satisfaction of the debt and damages
be made. Provided always, if such person or persons so condemned,
shall pay and deliver such estate, goods, and chatties which he or any
other person hath for his or their use, and shall solemnl}^ declare and
aver, that he or they have not any further estate, goods or chatties
wheresoever to' satisfy the person or persons, (at whose suit, he or
they are condemned) their respective judgments, and shall also bring
and produce three other persons as compurgators, who are well known
and of honest reputation, and approved of by the commissioners of
that division, where they dwell or inhabit, which shall in such open
court, likewise solemnly declare and aver, that they believe in their
consciences, such person and persons so condemned, have not werewith
further to pay the said condemnation or condemnations, he or they
shall be thence forthwith discharged from their said imprisonment,
any law or custom to the contrary thereof, heretofore in the said
Province, notwithstanding. And upon such summons and default of
appearance, recorded as aforesaid, and such person and persons not
appearing within forty days after, it shall and may be lawful for
such court of judicature to proceed to tryal, of twelve lawful men to
judgment, against such defaulters, and issue forth execution' against
his or their estate, real and personal, to satisfy such penalty or penal-
ties, to such debt and damages so recorded, as far as it shall or may
extend.
Chapter XIX
That there shall be in every court, three justices or commissioners,
who shall sit with the twelve men of the neighborhood, with them to
hear all causes, and to assist the said twelve men of the neighborhood
in case of law; and that they the said justices shall pronounce such
judgment as they shall receive from, and be directed by the said
twelve men in whom only the judgment resides, and not otherwise.
And in case of their neglect and refusal, that then one of the twelve,
by consent of the rest, pronounce their own judgment as the justices
should have done.
And if any judgment shall be past, in any case civil or criminal, by
any other person or persons, or any other way, then according to this
agreement and appointment, it shall be held null and void, and such
person or persons so presuming to give judgment, shall be severely
fin'd, and upon complaint made to the General Assembly, by them be
declared incapable of any office or trust within this I^rovince.
Chapter XX
That in all matters and causes, civil and criminal, proof is to be
made by the solemn and plain averment, of at least two honest and
reputable persons; and in case that any person or persons shall bear
false witness, and bring in his or their evidence, contrary, to the
truth of the matter as shall be made plainly to appear, that then
every such person or persons, shall in civil causes, suffer the penalty
which would be due to the person or persons he or they bear witness
against. And in case any witness or witnesses, on the behalf of any
New Jersey— 1676 2551
person or persons, indicted in a criminal cause, shall be found to
have borne false witness for fear, gain, malice or favour, and thereby
hinder the due execution of the hiw, and deprive the suffering person
or persons of their due satisfaction, that then and in all other cases
of false evidence, such person or persons, shall be first severely fined,
and next that he or they shall forever be disabled from being admitted
in evidence, or into any public office, employment, or service within
this Province.
Chapter XXI
. That all and every person and persons whatsoever, who shall prose-
cute or prefer any indictment or information against others for any
personal injuries, or matter criminal, or shall prosecute for any other
criminal cause, (treason, murther, and felony, only excepted) shall
and may be master of his own process, and have full power to for-
give and remit the person or persons offending against him or herself
only, as well before as after judgment, and condemnation, and pardon
and remit the sentence, fine and punishment of the person or persons
offending, be it personal or other whatsoever.
Chapter XXII
That the tryals of all causes, civil and criminal, shall be heard and*
decided by the virdict or judgment of twelve honest men of the neigh-
borhood, only to be summoned and presented by the sheriff of that
division, or propriety where the fact or trespass is committed; and
that no person or persons shall be compelled to fee any attorney or
councillor to plead his cause, but that all persons have free liberty to
plead his own cause, if he please: And that no person nor persons
imprisoned upon any account whatsoever within this Province, shall
be obliged to pay any fees to the officer or officers of the said prison,
either when committed or discharged.
Chx\pter XXIII
That in all publick courts of justice for tryals of causes, civil or
criminal, any person or persons, inhabitants of the said Province may
freely come into, and attend the said courts, and hear and be present,
at all or any such tryals as shall be there had or passed, that justice
may not be done in a corner nor in any covert manner, being intended
and resolved, by the help of the Lord, and by these our Concessions
and Fundamentals, that all and every person and persons inhabiting
the said Province, shall, as far as in us lies, be free from oppression
and slavery.
QUINTIPARTITE DEED OF REVISION, BETWEEN E. AND W.
JERSEY: JULY 1st, 1676"
This indenture, quintipartite, made the first day of July, Anno
Domini 1676, and in the eighth and twentieth year of the reign of
our sovereign Lord King Charles, the Second, over England, &c.
oVorified by "Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. Gl-72.
2552 New Jersey— 1676
Between Sir George Carteret, of Saltrum, in the County of Devon,
knight and baronet, and. one of his Majesty's most honourable privy
Council, of the first part: William Penn of Ricksmansworth, in the
county of Hertford, Esq; of the second part: GaAvn Lawry of Lon-
don, merchant, of the third part : Nicholas Lucas of Hertford, in the
county of Hertford, malster, of the fourth part: and EdAvard Bil-
linge of Wisminster, in the county of Middlesex, gent, of the fifth
part. Whereas our said Sovereign Lord the king's Majesty, in and
by his Letters Patents under the great seal of England bearing date
the twelfth day of March, in the sixteenth year of his said Majesty's
reign, for the consideration therein mentioned, did give and grant
unto his dearest brother James, Duke of York, his heirs and assigns
all that part of the main land of New England, beginning at a cer-
tain place called or known by the name of St. Croix, next adjoining
to New Scotland, in America; and from thence extending along the
sea coast to a certain place called Pemaquine or Pemaquid, and so up
the river to the furthest head of the same as it tendeth northward;
and extending from thence to the river of Kenebeque, and so upwards
to the river Canada northward. And also all that island or islands
commonly called by the several name or names of Matowacks or Long
Island, situate and being towards the west of Cape Codd and the
Narrow Higansetts, abutting upon the main land between the two
rivers there, commonly called or known by the several names of Con-
necticutt, and Hudson's river ; together also with the said river called
Hudson's river, and all the lands from the -west side of Connecticutt
river to the east side of Delaware bay: and also all those several
islands called or known by the names of Martin's Vineyard or Nan-
tukes, otherwise Nantucket ; together w^ith all the lands, islands, soils,
rivers, harbours, mines, minerals, quarries, w^oods, marshes, waters,
lakes, fishing, hawking, hunting, and fowling, and all other royalties,
proffits, commodities and hereditaments to the said several islands,
lands and premises belonging and appertaining, with their and every
of their appurtenances; and all his said Majesty's estate, right title,
and interest, benefit, advantage, claim and demand of, in, or to the
said land and premises, or any part thereof; and the reversion and
reversions, remainder and remainders; together with the yearly and
other rents, revenues, and profits of all and singular the said prem-
isses, and every part and parcel thereof; to have and to hold unto
his said Majesty's said dear brother, the said James Duke of York,
his heirs and assigns for ever; to be holden of the King's Majesty, his
heirs and successors, as of his majesty^s mannor of East Greenwich,
in his Majesty's county of Kent, in free and common soccage, and not
in capite or b;^ knight service, under the yearly rent of forty beaver
skins, to be paid unto his said Majesty his heirs and successors, when
they shall be demanded, or within nmety days after, as by the said
Letters Patent, relation being thereunto had, it may appear: in and
by which said Letters Patent his said Majesty did likewise give and
grant unto his said dearest brother James Duke of York, his heirs,
deputies, agents, commissioners and assigns, full and absolute power
and authority for the correcting, punishing, pardoning, governing
and' ruling ^uch of the subjects of his said Majesty, of his heirs and
successors, as shall at any time adventure themselves into the said
port and places, or inhabit there, according to such laws, orders, ordi-
nances, directions and instructions, as by his said Majesty's said
>
New Jersey— 1676 2553
dearest brother, or his assigns, shall be established; and in defect
thereof, in case of necessity, according to the good discretions of his
deputies, commissioners, officers or assigns respectively, as well in all
causes and matters capital and criminal, as civil, both marine and
others, in such manner, and under such restrictions as is therein
specified; and to do, exercise and execute all and every others the
powers and authorities therein mentioned, as by the same Letters
Patent, and by the several powers and authorities thereby given and
granted, and therein specified, it doth and may appear. And whereas
in and by two several indentures, the one being an indenture of bar-
gain and sale for the term of one whole year, and bearing date the
three and twentieth day of June, Anno Domini 1664 : and the other
being an indenture of grant, release or confirmation, and bearing date
the four and twentieth day of the same month of June, Anno Domini
1664, and both of them made between his said Majesty's said dearest
brother, the said James Duke of York by the name of his Royal
Highness James Duke of York and Albany, Earl of Ulster, Lord
High Admiral of England and Ireland, Constable of Dover Castle,
Lord Warden of the Cinque Forts, and Governor of Portsmouth, of
the one part : John Lord Berkley, Baron of Stratton, and one of his
Majesty's most honourable Privy Council, and Sir George Carteret
of the othev part : And by other good and sufficient conveyances and
assurances in the law duly executed, reciting the said Letters Patents
herein before recited, and the several and respective premises thereby
granted ; his Royal Highness he the said James Duke of York, for the
considerations therein mentioned, did grant, convey and assure to John
Lord Berkley and Sir George Carteret, their heirs and assigns for-
ever, all that tract of land adjacent to New England, and lying and
being to the westward of Long Island and Manhatan Island, part of
the said main land of New England, beginning at St. Croix, men-
tioned to be granted to his said Royal Highness by the said therein and
herein before recited Letters Patent, bounded on the east, part by the
main sea and part by Hudson's river ; and hath upon the west Dela-
ware bay or river, and extendeth southward to the main ocean as far
as Cape May at the mouth of Delaware bay and to the northward
as far as the northermost branch of the said bay or river of Delaware,
which is in forty one degrees and forty minutes of lattitude, and
crosseth over thence in a strait line to Hudson's river in forty one
degrees of lattitude ; which said tract of land was then afterwards to
be called by the name or names of New Caesarea or New Jersey ; and
also all rivers, mines, minerals, woods, fishings, hawkings, huntings,
and fowlings, and all other royalties, profits, commodities and hered-
itaments whatsoever to the said land and premises belonging, or in
anywise appertaining, with their and every of their appurtenances,
in as full and ample manner as the same was or were granted to his
said Royal Highness the said Duke of York, in and by the said therein
and herein before recited Letters Patents; and all the estate, right,
title, interest, benefit, advantage, claim and demand of the said James
Duke of York, of, in, or to the said lands and premises, or any part or
parcel thereof, and the reversion and reversions, remainder and re-
mainders thereof, to have and to hold unto the said John Lord Ber-
keley and Sir George Carteret, their heirs and assigns for ever, under
the yearly rent or sum of twenty nobles, payable unto his said Royal
Highness the said James Duke of York, in manner as the same is
2554 New Jersey— 1676
aforesaid therein to be paid, as in and by the said last recited inden-
tures and conveyances, relation being thereunto had, may appear.
And whereas in and by one certain indenture of bargain and sale
dated the eighteenth day of March Anno Domini 1673, and in the six
and twentieth year of his said Majesty's reign, made between the said
John Lord Berkeley of the one part, and John Fenwick, of Binfield,
in the county of Berks, Esq; of the other part, and duly enrolled in
his Majesty's High Court of Chancery in England, reciting the said
herein before recited Letters Patents, indentures and conveyances, the
said John Lord Berkeley for and in consideration of the sum of one
thousand pounds therein mentioned, to have been paid unto him by
the said John Fenwick, and for other the consideration therein men-
tioned, did grant, bargain, sell and convey unto the said John Fen-
wick, his heirs and assigns, all that the moiety or half part of him the
said John Berkeley of and in the said tract of land and premises so
to be or then called by the names of New Caesarea or New Jersey:
And also all that his moiety or half part of all rivers, rivelets, mines,
minerals, quarries, woods, fishings, haw^kings, huntings, fowlings, and
all other royalties, profits, forts, franchises, liberties, governments,
powers, priviledges, commodities, hereditaments and immunities what-
soever, to the said land and premises belonging ; wdth their and every
of their appurtenances, in as full, ample and beneficial manner to all
intents and purposes as the same Avas granted to the said John Lord
Berkley and the said Sir George Carteret, their heirs and assigns, by
him his said Royal Highness the said James Duke of York, and all
the estate, right, title interest, benefit, property, claim and demand
whatsoever, unto the said John Lord Berkeley, of, in, or to the said
moiety or half part of the said lands and premises or any part or
parcel thereof, by force, virtue or means of the said therein and herein
before recited Letters Patents or conveyances, or either or any of
them, or otherwise, howsoever, and the reversion and reversions, re-
mainder and remainders of the same, to have and to hold unto the
said John Fenwick, his heirs and assigns forever, to the only use and
behoof of the said John Fenwick his heirs and assigns forever, as by
the said last recited indentures of bargain and sale, relation being
thereunto had, it may appear. And whereas in and by two other
indentures, the one being an indenture of bargain and sale for the
term of one whole year, and bearing date the ninth day of February
Avhich was in the year of our Lord 1674, and made between the said
John Fenwick and Edward Billinge, of the one part, and the said
William Penn, Gawn Lawry and N^icholas Lucas of the other part.
And the other being an indenture tripartite of grant, release or con-
firmation, bearing date the tenth day of the same month of February,
Anno Domini 1674, and made betAveen the said John Fenwick of the
first part: The said Edward Billinge of the second part: And the
said William Penn, Gawn Lawry, and Nicholas Lucas of the third
part ; and by several other good and sufficient conveyances and assur-
ances in the law duly executed, the said moiety or half part of the
said tract of land, and the said moiety or half part of all and ever}^
other the said several and respective premises so convey'd unto the
said John Fenwick as aforesaid, with all and every the right, mem-
bers and appurtenances of the same, were convey'd unto, and remains
now vested in the said William Penn, Gawn Lawry and Nicholas
New Jersey— 1676 ' 2555
Lucas, and their heirs, to the use of them and their heirs and assigns
for ever, (in which nevertheless the said Edward Billinge, claimeth
to have equitable interest) so as the said William Penn, Gawn Lawry
and Nicholas Lucas, do now actually stand seized of, and in gne undi-
vided moiety or half part of all and every the said premises so
granted unto the said John Lord Berkeley and Sir George Carteret
as aforesaid, as jointenants between themselves; and do now hold
the same to them and their heirs, as tenants in common with the said
Sir George Carteret, who is now actually seiz'd of the other undivided
moiety or half part of all and every the same premises, and doth now
Jiold the same to him and his heirs as tenant in common with the said
William Penn, Gawn LaAvry, and Nicholas Lucas. And Whereas
they the said Sir George Carteret, William Penn, Gawn Lawry,
Nicholas Lucas and Edward Billinge; have agreed to make a parti-
tion between them of the said tract of land, and of the said several
and respective premises whereof they now stand so seized as tenants
in common as aforesaid, and it hath been agreed between them, that
the said Sir George Carteret shall have for his share and part of the
said tract of land, and of the said several and respective premises to
be holden by him the said Sir George Carteret his heirs and assigns
for ever, in severalty as his lawful and equal part, share and propor-
tion tract of land, and of all and every the said several and respective
premises, and to be from henceforth called, know^n and distinguish 'd
by the name of East New Jersey, all that easterly part, share and
portion of the said tract of land and premises, lying on the east side
and eastward of a strait and direct line drawn thro' the said premises
from north to south, from the dividing and making a partition or
separation of the said eastern part, share and portion from the
westerly part, share and portion of the same tract of land and
premises, as is herein after particularly described. And that the said
William Penn, Gawn Lawrie, and Nicholas Lucas, shall have their
share and part of the said tract of land, and of the said several and
respective premises to be holden by them the said William Penn,
Gawn Lawry, and Nicholas Lucas, their heirs and assigns, in sev-
eralty as their full and equal part, share and portion of the said tract
of land ; and all and every the said several and respective premises,
subject to the same trust for the benefit of the said Edward Billinge,
as the said undivided moiety was subject, and to be from henceforth
called and distinguished by the name of West New Jersey, all that
westerly part, share and portion of the said tract of land and prem-
isses, lying on the west side and westward of the aforesaid strait and
direct line drawn thro' the said premises from north to south as afore-
said, as is hereafter also particularly described. Now these presents
witness, that in pursuance and performance of the said before recited
agreement, and for the better perfecting of the said conditions are
agreed to be made as aforesaid ; and for and in consideration of five
shillings to them the said William Penn, Gawn Lawry, Nicholas
Lucas and Edward Billinge in hand paid by the said Sir George
Carteret, the receipt w^iereof they do hereby" respectively acknowl-
edge, the said Edward Billinge and they the said William Penn,
Gawn Lawry and Nicholas Lucas, by and with the consent, direction
and appointment of the said EdAvard Billinge, testified by his being
a party hereunto, and by his sealing and executing of these presents,
2556 * New Jersey— 1676
have and each of them hath bargained, sold, released, and confirmed
and conveyed; and do, and each of them doth, bargain, sell, release,
confirm and convey unto the said Sir George Carteret his heirs and
assigns forever, all that easterly part, share and portion, and all
those easterly parts, shares and portions of the said tract of land and
premises so granted and conveyed by his said Royal Highness the
said James Duke of York, unto the said John Lord Berkeley and Sir
George Carteret as aforesaid, extending eastward and northward
along the sea coast and the said river called Hudson's river, from the
east side of a certain place or harbour lying on the southern part of
the same tract of land, and commonly called or known in a map of the
said tract of land, by the name of Little Egg Harbour, to that part
of the said river called Hudson's river, w^hich is in forty-one degrees
of latitude, being the furthermost part of the said tract of land and
premises which is bounded by the said river, and crossing over from
thence in a strait line, extending from that part of Hudson's river
aforesaid to the northermost branch, or part of the before mentioned
river called DelaAvare river, and to the most northerly point or bound-
ary of the said tract of land and premises, so granted by his said
Royal Highness James Duke of York, unto the said Lord Berkely
and Sir George Carteret, now by the consent and agreement of the
said parties to these presents, called and agreed to be called the north
partition point, and from thence, that is to say, from the said north
partition point extending southward by a strait and direct line,
drawn from the north partition southward, thro' the said tract of
land, unto the most southwardly point of the east side of Little Egg
Harbour aforesaid; which said most southwardly point of the east
side of Little Egg Harbour is now by the consent and agreement of
the said parties to these presents, called and agreed to be from hence-
forth called, the south partition point: and which said strait and
direct line drawn from the said north partition point, thro' the said
tract of land, unto the said south partition point, is now by the con-
sent and agreement of the said parties to these presents, called and
agreed to be called, the line of partition, which is the line herein
before mentioned to be intended, by the said consent and agreement
of the said parties, for the dividing and making a partition or sepa-
ration of the said easterly part, share and portion, from the westerly
part, share and portion of the said tract of land and premises, so con-
veyed by his said Royal Highness aforesaid, in and by these presents
intended to be bargain'd, sold and convey'd by the said Sir George
Carteret unto the said William Penn, Gawn Law^ry and Nicholas
Lucas, and all and every the isles, islands, rivers, mines, minerals,
woods, fishing, hawkings, huntings, and f owlings ; and all other roy-
alties, governments, powers, forts, franchises, harbours, profits, com-
modities and hereditaments whatsoever, unto the said easterly part,
share and portion of the said tract of land and premises belonging, or
in any wise appertaining, with their and every of their appurte-
nances, and all the estate, right, title, interest, benefit, advantage,
claim and demand whatsoever, as well in law as in equity, of them the
said Edward Billinge, William Penn, Gawn Lawry, Nicholas Lucas,
and e^ch and every of them, of, in, unto, and out of the said easterly
part, share and portion, easterly parts, shares and portions of the said
tract of land and premises, and of, in, unto and out of every part and
New Jersey— 1676 2557
parcel of the same, and the reversion and reversions, remainder and
remainders of the same, and of every part and parcel of the same, and
all rents, duties and services reserv'd upon any estates or grants here-
tofore made or granted by the said Lord Berkeley and Sir George
Carteret, or by any persons claiming any estate, interest or authority
from, by or under either of them, of any part of the premises hereby
convey'd to the said Sir George Carteret; which said rents, duties
and services reserved upon, which said estates and grants made of any
part of the premisses hereby conveyed to the said Sir George Car-
teret, shall be from henceforth due and payable unto the said Sir
George Carteret and his heirs, of whom all such estates so made and
granted as aforesaid, are to be from henceforth holden. according to
the true intent of these presents ; which said easterly part, share and
portion, parts, shares and portions of the said tract of land and
premises is now by the consent and agreement of the said parties to
these presents, called and agreed from henceforth to be called, by the
name of East New Jersey; and is all that, and only all that part,
share and portion of the said tract of land and premises so convey'd
by his said royal highness as aforesaid; as lyeth extended from the
east side of the said line of partition before mentioned, to have and
to hold unto the said Sir George Carteret his heirs and assigns in
severalty, to the sole and only use of the said Sir George Carteret,
and of his heirs and assigns forever. And each of them the said
William Penn, Gawn Lawry, Nicholas Lucas, and Edward Billinge
for himself, severally and respectively, and for his several respective
heirs, executors and administrators, and for his several and respec-
tive own acts only, and not jointly, nor the one for the other, or for
the heirs, executors, administrators, or acts of the other, doth cove-
nant, grant and agree to and with the said Sir George Carteret, his
heirs and assigns, by these presents, that he hath not at any time
heretofore done, or suffered any act, matter or thing whatsoever,
whereby, or by reason whereof, the said premises hereby bargained,
sold, released, confirmed or conveyed by the said Edward Billinge,
William Penn, Gawn Lawry, and Nicholas Lucas, unto the said Sir
George Carteret, or herein or hereby meant, mentioned or intended so
to be or any part or parcel of the same, is, are, shall or may be any
ways charged, burthened or incumbered in title, charge, estate or
otherwise howsoever, other than such arrears (if any bej which now
at the day of the date of these presents are due and unpaid, upon any
the restrictions, contained in the said herein before recited Letters
Patents, herein before recited conveyances, herein before recited to
have been made by his said royal highness James Duke of York, or
either or any of them. And these presents further witness that in
further pursuance and performance of the said herein before recited
agreement, and for the further perfecting the said partition so
agreed to be aforesaid, and in consideration of five shillings to him
the said Sir George Carteret in hand paid, by the said William Penn,
Gawn Lawry and Nicholas Lucas, the receipt whereof he doth hereby
acknowledge, the said Sir George Carteret hath bargained, sold,
released, confirm'd and conveyed, and doth by these presents, bargain,
sell, release, confirm and convey unto the said William Penn, Gawn
Lawry, and Nicholas Lucas, and to their heirs and assigns forever, all
that westerly part, share and portion, and all that and those other part
2558 New Jersey— 1676
and parts, share and shares, portion and portions, of the said tract of
land and premises so granted by his said Royal Highness, the said
James Duke of York, unto the said John Lord Berkley and Sir
George Carteret, as aforesaid; and which said westerly part, share
and portion, and which said other parts, shares and portions, is and
are extending southward and westward, and northward along the sea
coast, and the before mentioned bay and river commonly called and
known by the name or names of Delaware bay and Delaware river,
from the said south partition point before mentioned, to be on the
east side of Little Egg Harbour, unto the said north partition point
herein before mentioned, to be on the before mentioned northermost
branch or part of Delaw^are river aforesaid ; and from thence, that is
to say, from the said north partition point, extending southward
unto the said south i)artition point before mentioned, by the said
before mentioned strait and direct line called the line of partition,
drawn thro' the said tract of land from the said north partition point
unto the said south partition, by the consent and agreement before
mentioned, intended for the dividing and making a partition or
separation of the said westerly part, share and portion from the be-
fore mentioned easterly part, share and portion of the said tract of
land and premises so conveyed by his said Royal Highness as afore-
said, and herein before bargain'd, sold and conveyed by the said Wil-
liam Penn, Gawn Lawry, Nicholas Lucas, and Edward Billinge, unto
the said Sir George Carteret as aforesaid, and all and every the isles,
islands, rivers, mines, minerals, w^oods, fishings, hawkings, huntings,
and fowlings, and all other royalties, governments, powers, forts,
franchises, harbours, profits, commodities and hereditaments w^hat-
soever, unto the said westernly part, share and portion of the said
tract of land and premises, hereby bargained by the said Sir George
Carteret, belonging or in any w^ays appertaining, with their and every
of their appurtenances, and all the estate, right, title, interest, bene-
fit, advantage, claim and demand, w^iatsoever, as well in law as in
equity of him the said Sir George Carteret, of, in, unto and out of the
same, and of, in, unto and out of every part and parcel of the same,
together with the reversion and reversions, remainder and remainders
of the same, and of every part and parcel of the same, and all rents,
duties and services upon any estates or grants heretofore made or
granted by the said Lord Berkeley and Sir George Carteret, or either
of them, of any part or parts of the said premises hereby convey'd
to the said William Penn, Gawn Lawry, and Nicholas Lucas, or
herein or hereby mentioned, or intended so to be; all which said
westerly part, share and portion, parts, shares and portions of the
said tract of land and premises are now by the consent and agree-
ment of the parties to these presents, called and agreed from hence-
forth to be called by the name of West Jersey, and is all that and
only all that part, share and portion, and all those parts, shares and
portions, of the said tract of land and premises so conveyed by his
said Royal Highness as aforesaid, as lyeth extended westward, or
southward from the west side of the said line of partition, before
mentioned, to have and to hold unto the said William Penn, Gawn
Lawry, and Nicholas Lucas, their heirs and assigns in severalty, to
the only use of the said William Penn, Gawn Lawry and Nicholas
Lucas, and of their heirs and assigns forever. And the said Sir
New Jersey— 1676 2559
George Carteret for him, his heirs, executors, and administrators,
doth by these presents covenant, grant and agree to, and with the
said William Penn, his heirs and assigns, and also to and with the
said Gawn Lawry his heirs and assigns, and likewise to and with the
said Nicholas Lucas, his heirs and assigns, and also to and with the
said Edward Billinge, his heirs and assigns, that he the said Sir
George Carteret hath not at any time heretofore done or suffer'd any
act, matter or thing whatsoever, whereby or by reason whereof the
said premises hereby bargain'd, sold, released and confirm'd or
convey'd by him the said Sir George Carteret unto the said Wil-
liam Penn, Gawn Lawry and Nicholas Lucas, or herein or hereby
meant, mention'd or intended so to be, or any part or parcel of
the same, is, are, shall or may be any Avays charged, burthened or
incumbered in title, charge or estate, or otherwise howsoever, other
than such arrears (if any be) which now at the day of the date
of these presents are due and unpaid, upon any tjie reserva-
tions contained in the said herein before recited Letters Patent, and
herein before recited conveyances, herein before recited to have been
made by his said Royal Highness the said Duke of York, or either
or any of them, and other than such lawful estates and grants of
land and plantations, part of the said premises, as have been at any
time heretofore by him the said Sir George Carteret, either within
themselves, together with the said Lord Berkeley, or by authority
lawfully derived from him, or from him and the said Lord Berkeley,
made and granted to any planter or planters now in actual posses-
sion of the same lands and plantations, and which have been made
and granted according to the rules and laws of plantations now in
force in the said country, under the usual and accustoni'd rents,
duties and services by the said rules and laws appointed and directed
to be observed upon grants of themselves there : All and singular
which said rents, duties and services reserved upon which said es-
tates and grants, shall be from hence forth dueand payable unto the
said William Penn, Gawn Lawry and Nicholas Lucas, their heirs
and assigns ; of whom all such estates so made and granted as afore-
said, are to be from henceforth holden according to the true intent
of these presents, and of all the respective parties hereunto: And it
is hereby declared and agreed, by all the respective parties to these
presents, to be the true intent and meaning of these presents, and of
all the respective parties hereunto, that the aforesaid rent of twenty
nobles herein before mentioned, to be reserved due and payable unto
his said Royal Highness the said James Duke of York, and his heirs,
shall from henceforth be equally paid and borne in manner following,
that is to say one equal moiety or half part thereof by the said Sir
George Carteret, his heirs and assigns, and to be issuing out of, and
charged and chargeable upon that part and share of the said prem-
ises which is hereby conveyed unto the said Sir George Carteret, his
heirs and assigns ; and the other equal moiety or half part thereof by
the said William Penn, Gawn Lawry and Nicholas Lucas, their
Heirs and assigns, and to be issuing out of, and charged and charge-
able upon that part and share of the said premises which is hereby
conveyed unto the said William Penn, Gawn Lawry and Nicholas
Lucas, their heirs and assigns. In tcitncs,^ Avhereof all the said re-
spective parties to these presents, have to each part of these presents
2560 New Jersey— 1680
set their respective hands and seals, the day and year first above
written.
G. Carteret.
W. Penn.
Gawn La wry.
Nicholas Lucas.
Edavard Billinge.
Sealed and delivered in the presence of
Henry West.
James Bowers.
Thomas Langhorn.
ElCHARD LaNGHARN.
John Richardson.
DUKE OF YORK'S SECOND GRANT TO WILLIAM PENN, GAWN
LAWRY, NICHOLAS LUCAS, JOHN ELDRIDGE, EDMUND WAR-
NER, AND EDWARD BYLLYNGE, FOR THE SOIL AND GOVERN-
MENT OF WEST NEW JERSEY— AUGUST 6, 1680 «
This indenture made the sixth day of August, Anno Domini,
1680, and in the two and thirtieth year of the reign of King Charles
the Second, over England, &c. between his Royal Highness, James
Duke of York, and Albany, Earl of Ulster, &c. and brother to our
Sovereign Lord the King, of the one part ; Edward Byllynge of West-
minster, in the county of Middlesex, gentleman ; William Penn, late
of Rickmansworth, in the county of Hertford, and now of Warming-
hurst, in the county Sussex, Esq; Gawen Lawry, of London, mer-
chant ; Nicholas Lucas, of Plertf ord, in the said county of Hertford,
maulster, John Eldridge, of St. Pauls Shadwell, in the County of
Middlesex, tanner, and Edmond Warner, citizen of London, of the
other part. Whereas our Sovereign Lord the King's Majesty in
and by his Letters Patent, under the great seal of England, bearing
date the twelfth day of March in the sixteenth year of his said
Majesty's reign, did (amongst several other things therein men-
tioned) give and grant unto his said Royal Highness, the said James
Duke of York, his heirs and assigns, all that tract of land adjacent
to New England, in the parts of America, and lying and being to
the westward of Long Island, and Manhattas Island, and bounded
on the east part by the main sea, and part by Hudson river, and
hath upon the west Delaware bay or river, and extendeth southward,
to the main ocean, as far as Cape May, at the mouth of Delaware
bay, and to the northward, as far as the northermost branch of said
bay or river of Delaware, which is in one and forty degrees, and
forty minutes of lattitude, and crossing over thence in a straight
line to Hudson's river, in one and forty degrees of lattitude. Which
said tract of land, was then after to hQ called by the name of New
Caesarea, or New Jersey, with all the lands, island, soiles, rivers,
harbours, mines, minerals, quarries, woods, marshes, waters lakes,
a Verified by " Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. 412-419.
New Jersey— 1680 2561
fishings, hawkings, huntings, and fowlings, and all other royalties,
profits, commodities, and hereditaments, unto the said premises
belonging and appertaining; with their and every of their appurte-
nances, and all his said Majesty's estate, right, titles, interest, benefit,
advantage, claim and demand of, in and to the same premises, or
any part or parcel thereof, and the reversion and reversions, re-
mainder, and remainders, together with the yearly and other rents,
revenues and profits of the same, and of every part and parcel thereof,
to hold unto his said Royal Highness, the said James Duke of York,
his heirs and assigns for ever, to be holden of his said Majesty, his
heirs and successors, amongst other things therein granted, as of
his Majesty's mannor of East Greenwich, m his Majesty's county of
Kent, in free and common soccage, and not in capite, by knight
service, and under the yearly rent therein mentioned. And whereas
his Royal Highness the said James Duke of York, did heretofore by
several good and sufficient conveyances and assurances, under his
hand and seal, duly executed, and dated the three and twentieth
and four and twentieth days of June, in the sixteenth year of his
said Majesty's reign, for the consideration therein mentioned, grant
and convey the said tract of land, and premises before mentioned,
unto John Lord Berkley, Baron of Stratton, and one of his Majesty's
most honourable privy Council, and Sir George Carteret of Saltrum,
in the county of Devon, knight, and baronet, and one of his Majesty's
most honourable privy^ Council, and their heirs, the said tract of
land and premises before particularly mentioned, and the reversion
and reversions, remainder and remainders of the same, to hold unto
the said John Lord Berkley, and Sir George Carteret, their heirs
and assigns forever, under the yearly rent of twenty nobles sterling,
payable as the same is therein reserved to be paid. And whereas the
said John Lord Berkley, did afterwards convey all his full and
undivided moiety of all and singular the same premises, unto John
Fenwick, Esq; his heirs and assigns for ever, in trust, and by the
said John Fenwick owned to be in trust for the said Edward
Byllynge, his heirs and assigns for ever. And the said John Fen-
wick, afterwards by the consent and direction of the said Edward
Byllynge, and also the said Edward Byllynge did convey the said
undivided moiety of the premises, unto the said William Penn,
Gawen Lawry, and Nicholas Lucas, and their heirs, to the uses
following, (that is to say) as to ten equal and undivided hundred
parts thereof to the use of the said John Fenwick, and of his heirs
and assigns forever; and as to the other ninety equal and undivided
parts being the residue of the said undivided moiety, to the use of
the said William Penn, Gawen Lawry, and Nicholas Lucas, their
heirs and assigns forever, in trust for the said Edward Byllynge, his
heirs and assigns forever. After which the said John Fenwick, con-
veyed all his said ten equal and undivided hundred parts, of the
said undivided moiety, unto John Eldridge, and Edmund Warner
their heirs and assigiis forever. And the said John Eldridge, and
Edmond Warner, did convey the same ten equal and undivided
hundred parts, unto the said William Penn, Gawen Lawry, and
Nicholas Lucas their heirs and assigns forever, the better to enable
them the said Edward Byllynge, William Penn, Gawen Lawry, and
2562 New Jersey— 1680
•
Nicholas Lucas, to make a partition of the said intire premisses, with
the said Sir George Carteret. And whereas afterwards upon a par-
tition made of the said whole and intire premisses, between the said
Sir George Carteret, and the said William Penn, Gawen Lawry,
Nicholas Lucas, Edward Byllynge, the said Sir George Carteret, did
bargain, sell, release, and confirmed unto the said William Penn,
Gawen Lawry, and Nicholas Lucas, their heirs and assigns forever,
all that westerly part, share and portion of the said whole and
intire tract of land and premisses as before mei;itioned, which is
extending southward, and westward, and northward, along the sea
coasts, and the before mentioned bay, or river, called Delaware bay
and Delaware river, unto a certain point there, now called the south
partition point, being the most southerly point of the east side of a
certain place, or harbour, lying on the southern part of the said
tract of land and premises, called or known in the map of the said
premisses, by the name of Little Egg Harbour, unto a certain other
point there, now called the north partition point, being the most
northerly point, branch, or part of the said river, called Delaware
river ; and from thence, that is to say, from the said north partition
point, extending southward unto the said south partition point, by
a streight and direct line drawn through the said tract of land, from
the said north partition point, unto the said south partition point,
by the consent and agreement of the said parties, now called the line
of partition, and by them intended for the dividing and making a
partition of the said westerly part, share and portion, from the
easterly part, share and portion, from the easterly part, share and
portion, of the said tract of land and premises. And all and every
the isles, islands, rivers, mines, minerals, fishings, hawkings, hunt-
ings, fowlings, and all other royalties, powers, franchises, harbours,
proffits, commodities, and heriditaments, whatsoever unto the said
westerly part, share and portion, belonging or appertaining. And
all the estate, right, title, and interest, claim and demand what-
soever of him the said Sir George Carteret, of, in, unto and out
of the same, and the reversion and reversions, remainder and re-
mainders of the same, and of every part and parcel: All which
said westerly part, share and portion, was then and now is by the
consent and agreement of the said parties, the said Sir George
Carteret, William Penn, Gawen Lawry, Nicholas Lucas, and Edward
Byllynge, called and agreed from thenceforth to be called by the
name of \Yest New Jersey, and all that and only all that part, share
and portion, and all those parts, shares and portions of the said
tract of land and premises, so conveyed by the said James Duke of
York, unto the said John Lord Berkley, and Sir George Carteret as
aforesaid, as lyeth, and lye extended westward and southword, from
the west side of the said line of partition before mentioned. To
hold unto the said William Penn, Gawen Lawry, and Nicholas Lucas,
their heirs and assigns, in severalty to the use of them, their heirs
and assigns forever. Upon which partition so made, they the said
William Penn, Gawen Lawry, and Nicholas Lucas, became seized
of all that westerly part of the said premises as now called West
New. Jersey, with the appurtenances in severalty. And being so
seized pursuant to a trust for that purpose reposed in them, they
conveyed ten full equal undivided hundred parts of the said westerly
New Jersey— 1680 2563
part of the said premises, called West New Jersey, unto the said
John Eldridge, and Edmund Warner, and their heirs, to hold unto
them and their heirs, to the use of them and their heirs forever.
And the said William Penn, Gawn Lawry, and Nicholas Lucas,
remaining still seized of the other ninety equal and undivided hun-
dred parts of the said westernly part of the said premises called
West New Jersey, to them and to their heirs forevc^r, but always in
trust for the said Edward Byllynge, his heirs and assigns forever.
And whereas since the making and executing of the said conveyance
so made by his Royal Highness unto the said John Lord Berkley,
and Sir George Carteret, as aforesaid, and in the times of the late
war, between his said Majesty and the States of the United Provinces
of the Netherlands, the armies and subjects of the said States General
gained the possession not only of the said premises, so by his said
Royal Highness, conveyed unto the said John Lord Berkley, and
Sir George Carteret, as aforesaid, but also of other the lands and
hereditaments, which were originally granted unto his said Royal
Highness, by his said Majesty's said Letters Patents hereinbefore
recited. All which were afterwards regained from the said States,
or by them delivered up unto his said Majesty. And whereas his
said Majesty did by other his Letters Patents, dated the twenty-
ninth day of June, in the six and twentieth of his Majesty's reign,
grant and convey unto his said Royal Highness and his heirs forever,
as well the said tract of land and premises herein before recited
to have been granted and conveyed by his said Royal Highness, unto
the said John Lord Berkley, and Sir George Carteret, as aforesaid,
as all other the lands and hereditaments in and by the said herein
first before recited Letters Patents granted or mentioned to be
granted. And wherj:as by the said several grants so made by his
said Majesty unto his said Royal Highness as aforesaid, several
l^owers and authority are and were given and granted unto his said
Royal Highness, his heirs and assigns to be executed by his said
Royal Plighness, his heirs and assigns, or by the deputies, agents or
commissioners of his said Royal Highness, his heirs or assigns, which,
are necessary as well for the planting, peopling and improving of
all and every the respective lands, places and territories thereby
granted, and for the transporting thither from time to time, such
of his Majesty's subjects as should be willing to go or be transported
into those parts, or any of them ; as for the defending, guarding
and keeping of the same ; as also for the well governing of the same,
and of all such as are or shall be inhabitting in the same, and for the
making, ordaining, and executing of necessary and convenient laws
and constitutions, in order to such government, and the punishing
and pardoning offences, and oifenders, as occasion shall require; and
to nominate, make, ordain, constitute and confirm, and also to revoke,
discharge, change and alter all and singular governors, officers, and
ministers, which by his said Roval Highness, his heirs or assig'is,
shall be from time to time, thought fit or needful to be made, or-
dained, appointed or used in the said parts or places, or any of them.
And to do all otter things needful, and useful, and necessary for the
well governing, keeping, defending and preserving the said respective
places and territories and of every of them and all such as are and
shall be inhabitants thereof. Now these presents witness, that for
7254— VOL 5—09 3
2564 New Jersey— 1680
and in consideration of a competent sum of lawful English money,
unto his said Royal Highness in hand paid, and for the better extin-
guishing all such claims, and demands, as his said Royal Highness
may any ways have of or in the premises aforesaid, now called West
New Jersey, or any part of them ; and for the further and better set-
tling, conveying, assuring, and confirming of the same and of every
part thereof, according to the purport and true meaning of these
presents, his said Royal Highness, the said James Duke of York,
hath granted, bargained, sold, and confirmed, and by these pres-
ents, doth grant, bargain, sell, and confirm unto the said William
Penn, Gawen Lawry, Nicholas Lucas, John Eldridge, and Edmund
Warner, all that part, share and portion, and all those parts, shares
and portions of all that entire tract of land, and all those entire prem-
ises so granted by his said Royal Highness unto the said John Lord
Berkley, and Sir George Carteret, and their heirs as aforesaid, as in,
by, and upon the said partition aforesaid, was and were vested in the
said William Penn, Gawen Lawry, and Nicholas Lucas, and their
heirs, and then agreed to be called by the name of West New Jersey,
together with all islands, bays, rivers, waters, forts, mines, quarries,
royalties, franchises, and appurtenances whatsoever, to the same be-
longing, or in any wise appertaining. And all the estate, right,
title, interest, reversion, remainder, claim and demand whatsoever,
as well in law as in equity, of him the said James Duke of York, of,
into, and out of the same, or any part or parcel of the same ; as also
the free use of all bays, rivers and w^aters, leading unto or lying be-
tween the said premises, or any of them in the said parts of America,
for navigation, free trade, fishing or otherwise, to have and to hold,
unto the said William Penn, Gawen Lawry, Nicholas Lucas, John
Eldridge, and Edmond Warner, their heirs and assigns forever, to
the uses following, (that is to say) as to ten equal and undivided
hundred parts thereof, to the use of the said John Eldridge and Ed-
mund Warner, and of their heirs, and assigns forever. And as to
the other ninety equal and undivided hundred parts thereof, to the
use of the said William Penn, Gawen Lawry, and Nicholas Lucas,
and of their heirs and assigns forever; in trust nevertheless for the
said Edward Byllynge, his heirs and assigns forever. Yielding
and paying therefore yearly for the said whole entire premises, unto
his Royal Highness, his heirs and assigns, the yearly rent of ten
nobles of lawful English money, at or in the Middle Temple Hall
London, at or upon the feast day of St. Michael the Arch Angel.
And these further witness, that for the better enabling the said Ed-
ward Byllynge, his heirs and assigns, to improve and plant the said
premises with people, and to exercise all necessary government there,
whereby the said premises may be the better improved and made
more useful to him, his heirs and assigns, and to the King's Majesty,
his said Royal Highness hath likewise given, granted, assigned and
transferred, and doth by these presents give, grant, assign, and trans-
fer unto the said Edward Byllynge, all and every such the same
powers, authorities, jurisdictions, governments, and other matters
and things whatsoever, which by the said respective Letters Patents,
or either of them, are and were granted, or intended to be granted,
to be exercised by his said Royal Highness, his heirs, assigns, depu-
ties, officers, or agents, in, upon, or in relation unto the said premises
New Jersey— 1681 2565
hereby confirmed, or intended to be confirmed, and every of them, in
case the same Avere now in the actual seizen of his said Royal High-
ness, to be held, enjoyed, exercised and executed by him the said
Edward Byllynge, his heirs and assigns, and by his deputies, officers,
agents and commissioners, as fully and amply to all intents, construc-
tions and purposes as his said Ro3^al Highness, or his heirs, might,
could or ought to hold, enjoy, use, exercise or execute the same, by
force and virtue of the said several and respective and before recited
Letters Patents, or either of them, or of any thing in them, or either
or any of them conteyned or otherwa3^s however. In witness whereof
the parties to these presents have hereunto interchangeably set their
hands and seal, the day and year first above written,
James.
Signed, sealed and delivered by his Royal Highness James Duke
of York, within named, in the presence of
John Worden,
Thomas Heywood.
Thomas Heywood maketh oath, that the day and year within
written, saw his Highness the Duke of York, sign, seal, and as his
act, and deed, deliver this indenture to the use within mentioned, and
afterwards subscribed his name as a witness, Thomas Heywood.
Jur. 3d. die. September 1680.
Cor. me Magis. Chane.
J. Clerke.
The foregoing is a true copy taken from and compared w^ith the
record in the Secretary's office at Burlington, in Lib. M. of deeds,
folio, 818. (fee.
Examined per.
Samuel Peart, Dep, Secretary
PROVINCE OF WEST NEW-JERSEY, IN AMERICA, THE 25TH OF
THE NINTH MONTH CALLED NOVEMBER, 1681 «
Forasmuch as it hath pleased God, to bring us into this Province
of West New Jersey, and settle us here in safety, that we may be a
peojjle to the praise and honour of his name, who hath so dealt with
us, ajid for the good and welfare of our posterity to come, we the
Governor and Proprietors, freeholders and inhabitants of AYest New
Jersey, by mutual consent and agreement, for the prevention of
innovasion and oppression, either upon us or our posterity, and for
the preservation of the peace and tranquility of the same; and that
all may be encouraged to go on chearfully in their several places:
We do make and constitute these our agreements to be as funda-
mentals to us and our posterity, to be held inviolable, and that no
person or persons whatsoever, shall or may make void or disanul the
same upon any pretence whatsoever.
I. That there shall be a General Free Assembly for the Province
aforesaid, yearly and every year, at a day certain, chosen by the free
a Verified by '* Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. 423-425.
2566 New Jersey— 1681
people of the said Province, whereon all the representatives for the
said Province, shall be summoned to appear, to consider of the
affairs of the said Province, and to make and ordain such acts, and
laws, as shall be requisite and necessary for the good government
and prosperity of the free people of the said Province; and (if
necessity shall require) the Governor for the time being, with the
consent of his Council, may and shall issue out writts to convene the
Assembly sooner, to consider and answer' the necessities of the people
of the said Province.
II. That the Governor of the Province aforesaid, his heirs or
successors for the time being, shall jiot suspend or defer the signing,
sealing and confirming of such acts and laws as the General Assembly
(from time to time to be elected by the free people of the Province
aforesaid) shall make or act for the securing of the liberties and
properties of the said free people of the Province aforesaid.
III. That it shall not be lawful for the Governor of the said Prov-
ince, his heirs or successors for the time being, and Council, or any
of them, at any time or times hereafter, to make or raise war upon
any accounts or pretence whatsoever, or to raise any military forces
w^ithin the Province aforesaid, without the consent of the General
Free Assembly for the time being.
IV. That it shall not be lawful for the Governor of the said Prov-
ince, his heirs or successors for the time being, and Council, or any
of them, at any time or times hereafter, to make or enact any law or
laws for the said Province, without the consent, act and concurrence
of the General Assembly; and if the Governor for the time being,
his heirs or successors and Council, or any of them, shall attempt to
make or enact any such law or laws of him or themselves without
the consent, act and concurrence of the General Assembly ; that from
thenceforth, he, they, or so many of them as shall be guilty thereof,
shall, upon legal conviction, be deemed and taken for enemies to the
free people of the said Province; and such act so attempted to be
made, to be of no force.
y. That the General Free Assembly from time to time to be chosen
as aforesaid, as the representatives of the people, shall not be pro-
rogued or dissolved (before the expirance of one whole year, to com-
mence from the day of their election) without their own free consent.
VI. That it shall not be lawful for the Governor of the said Prov-
ince, his heirs or successors for the time being, and Council, or any of
them, to levy or raise any sum or sums of money, or any other tax
whatsoever, without the act, consent and concurrence of the General
Assembly.
VII. That all officers of State, or trust, relating to the said Prov-
ince, shall be nominated and elected by the General Free Assembly
for the time being, or by their appointment ; which officer and officers
shall be accountable to the General Free Assembly, or to such as the
said Assembly shall appoint.
VIII. That the Governor or the Province aforesaid, his heirs or
successor for the time being, or any of them, shall not send ambassa-
dors, or make treaties, or enter into an alliance upon the publick
account of the said Province, without the consent of the said General
PVee Assembly.
IX. That no General Free Assembly hereafter to be chosen by the
free people of the Province aforesaid, shall give to the Governor of
New Jersey— 168^ 2567
the said Province for the time being, his heirs or successors, any tax,
or custom for a longer time than for one whole year.
X. That liberty of conscience in matters of faith and worship
toTvards God, shall be granted to all people within the Province
aforesaid; who shall live peaceably and quietly therein; and that
none of the free people of the said Province, shall be rendered unca-
pable of office in respect of their faith and worship.
Upon the Governors acceptance and performance of the proposals
herein before expressed, we the General Free Assembly Proprietors
and freeholders of the Province of West New Jersey aforesaid, do
accept and receive Samuel Jenings as Deputy Governor.
In testimony whereof I have hereunto put my hand and seal, the
day and year above written.
Samuel Jennings,
Deputy Governor.
Thomas Ollive, Speaker, to the General Free Assembly per order
and in the name of the w^hole Assembly.
The fundamentals aforesaid being signed and sealed by the Deputy
Governor, were ordered and appointed by the said Deputy Governor,
and General Free Assembly, to be recorded the day and year first
aforesaid, by me Thomas Revell, clerk to the General Assembly.
DUKE OF YORK'S CONFIRMATION TO THE 24 PROPRIETORS:
14TH OF MARCH, 1682 «
This indenture made the fourteenth day of March, in the five
and thirtieth year of the reign of our Sovereign Lord Charles the
Second, by the Grace of God of England, France and Ireland, King,
Defender of the Faith, &c. Anno Domini 1682. Between his Koyal
Highness the most illustrious Prince James, Duke of York and
AJbany Earl of Ulster, &c. only brother to our Sovereign Lord the
King, of the one part, and the Right Honourable James Earl of
Perth, of the kingdom of Scotland; the Honourable John Drum-
mond, of Lundy, in the said kingdom of Scotland, Esq.; Robert
Barckly, of Eury, in the said kingdom of Scotland, Esq.; David
Barckly, jun. of Eury, aforesaid, Esq.; Robert Gordon, of Cluny, in
the kingdom of Scotland, Esq. ; Arent Sonmans, of Wallingford, in
the kingdom of Scotland, Esq ; William Penn, of Worminghurst, in
the County of Sussex, Esq; Robert West, of the Middle Temple,
London, Esq; Thomas Rudyard, of London, gentleman; Samuel
Groome, of the parish of Stepney, in the county of Middlesex, mar-
riner; Thomas Hart, of Enfield, in the said county of Middlesex,
merchant ; Richard Mew, of Stepney, aforer.aid, merchant ; Ambrose
Rigg of Catton Place, in the county of Surry, gentleman; Thomas
Cooper, citizen and merchant taylor, of London; Gawm Lawry, of
London, merchant; Edward Billinge, of the city of Westminster, in
the county of Middlesex, gentleman ; James Braine, of London, mer-
chant; William Gibson, citizen and haberdasher, of London; John
Haywood, citizen and skinner, of London ; Hugh Hartshorn, citizen
« Verified by " Grants and Concessions of New Jersey." Learning & Spicer.
2d Ed. pp. 141-152.
2568 New Jersey— 168^
and skinner, of London ; Clement Plumstead, citizen and draper, of
London; Thomas Barker, of London, merchant; Robert Turner, of
the city of Dublin, in the kingdom of Ireland, merchant ; and Thomas
Warne, of Dublin, aforesaid, in the said kingdom of Ireland, mer-
chant, of the other part. Whereas our said Sovereign Lord the
King's Majesty, in and by his Letters Patent, under the great seal of
England, bearing date the twelfth day of March, in the sixteenth
year of his said Majesty's reign, did amongst other things therein
mentioned, give and grant unto his Royal Highness James Duke of
York, his heirs and assigns, all that tract of land adjacent to New
England, in the parts of America, and lying and being to the west-
ward of Long Island and Manhattas Island, and bounded on the
east part by the main sea ; and east by Hudson's river ; and extend-
eth southward to the main ocean as far as Cape May, at the mouth of
the Delaware bay; and to the northward as far as the nothermost
branch of the said bay or river of Delaware, which is in one and
forty degrees and forty minutes of lattitude, and crossing over thence
in a straight line to Hudson's river, in one and forty degrees of latti-
tude; which said tract of land was then after to be called by the
name of New Caesarea or New Jersey, with all the lands, islands,
soils, rivers, mines, minerals, quarries, woods, marshes, waters, lakes,
fishings, hawkings, huntings, and fowlings, and all other royalties,
profits, commodities and hereditaments, unto the said premises be-
longing and appertaining, with their and every of their appurte-
nances: and all his said Majesty's estate, right, title, interest, benefit,
advantage, claim and demand of, in and to the same premises, or any
part or parcel thereof, and the reversion and reversions, remainder
and remainders, together with the yearly and other rents, revenues
and profits of the same, and of every part and parcel thereof, to hold
unto his said Royal Highness the said James, Duke of York, his heirs
and assigns forever; to be holden of his said Majesty, his heirs and
successors, amongst other the things therein granted, as of his
Majesty's mannor of East Greenwich, in his Majesty's county of
Kent, in free and common soccage, and not in capite or knight serv-
ice, under the yearly rent therein mentioned. And w^hereas his
said Royal Highness James, Duke of York, did heretofore by several
good and sufficient conveyances and assurances under his hand and
seal duly executed, the twenty-third and twenty-fourth days of June,
in the sixteenth year of his said Majest^^'s reign, for the considera-
tion therein mentioned, grant and convey the said tract of land and
premises before mentioned, to John Lord Berlkley, baron of Stratton,
and one of his Majesty's most honourable Privy Council, and Sir
George Carteret, of Salterem, in the county of Devon, knight and
baronet, and one other of his Majesty's most honourable Privil Coun-
cil, and their heirs, the said tract and premises before particularly
mentioned, and the reversion and reversions, remainder and remain-
ders of the same, to hold unto the said John Lord Berkeley and Sir
George Carteret, their heirs and assigns for ever, under the yearly
rent of tw^enty nobles sterling, paj^able as the same is therein reserved
to be paid. And whereas his said Majesty did by other his Letters
Patents, dated the tw^enty-ninth day of June in the six and twentieth
year of his said Majesty's reign, grant and convey unto his said Royal
Highness, and his heirs forever, as well the said tract of land and
New Jersey— 1682 2569
premises hereinbefore recited to have oeen granted and conveyed by
his said Royal Highness, unto the said John Lord Berkeley and Sir
George Carteret as aforesaid, as all other the lands and hereditaments
in and by the said herein first before recited Letters Patents granted,
or mentioned to be granted. And whereas his said Royal Highness
by his indenture of lease and release, bearing date the of
July, in the six and twentieth year of his Majesty's reign, did grant
and convey the said tract of land and premises, to the said Sir George
Carteret, his heirs and assigns, as by the said indenture, relation
being thereunto had, may appear. And whereas upon a partition
made of the whole and entire premises, between the said Sir George
Carteret and William Penn, of Worminghurst, in the county of
Sussex, Esq; Gawn Lawry, of London, merchant; Nicholas Lucas,
of Hertford, in the county of Hertford, malster; and Edward
Bullynge, of Westminster, in the county of Middlesex, gentleman;
in whom the fee simple of the said Lord Berkeley's, undivided
moyety, of all and singular the premises, by good and sufficient con-
veyances, was then vested the said William Penn, Gawen Lawry,
Nicholas Lucas, and Edward Byllnge, did bargain, sell, release and
confirm unto the said Sir George Carteret, his heirs and assigns, all
that easterly part, share and portion, and all those easterly parts,
shares and portions of the said whole and. entire tract of land and
premises before mentioned, extending eastward and northward along
the sea coasts, and the said river called Hudson's river, from the
east side of a certain place or harbour, lying on the southerly part of
the same tract of land, and commonly called or known in a map of
the said tract of land, by the name of Little Eg^ Harbour, to that
part of the said river called Hudson's river, which is in forty-one
degrees of lattitude, being the northermost part of the said tract of
land and premises, which is bounded by the said river ; and crossing
over from thence in a straight line, extending from that part of Hud-
son's river aforesaid, to the nothermost branch of the aforementioned
river called Delaware river, and to the most northerly point or
boundary of the said entire tract of land and premises, now called
the north partition point; and from thence, that is to say, from the
north partition point, extending southward, unto the more southerly
point, by a straight and direct line drawn through the said tract of
land, from the said north partition point unto the said south parti-
tion point, by the consent and agreement of the said parties, now
called the line of partition, and by them intended for the dividing
and making a partition of the easterly part, share and portion,
from the westerly part, share and portion of the said tract of land
and premises; and all and every the isles, islands, rivers, mines,
minerals, woods, fishings, hawkings, huntings and fowlings, and all
other royalties, governments, powers, forts, franchises, harbours,
profits, commodities and hereditaments Avhatsoever, unto the said
easterly part, share and portion, of the said tract of land and prem-
ises, belonging or in any wise appertaining, with their and every of
their appurtenances; and all the estate, right, title, interest, claim
and demand whatsoever of them the said William Penn, Gawn
Lawry, Nicholas Lucas and Edward Byllynge, and of each and every
of them, of, into and out of the said easterly part, share and portion
of the said tract of land and premises, arid every part and parcel
2570 New Jersey— 1682
thereof, and the reversion and reversions, remainder and remainders
of the same, and every part and parcel of the same; All which
said easterly part, share and portion, parts, shares and portions,
was and were then, and now is, and are by the consent and agree-
ment of the said parties to the said partition, called and agreed
from thenceforth to be called by the name of East New Jersey ;
and is all that, and only all that part, share and portion, and all
those parts, shares and portions of the said tract of land and
premises, so conveyed by his said Koyal Highness as aforesaid, as
lyeth extended eastward from the east side of the said line of parti-
tion before mentioned, to hold to the said Sir George Carteret, his
heirs and assigns, in severalty, to the use of him the said Sir George
Carteret, his heirs and assigns forever; upon which partition so
made, and such conveyance so executed as aforesaid, he the said Sir
George Carteret became seized of all that easterly part of the prem-
ises, now called East New Jersey, with the appurtenances in severalty.
And whereas the said Sir George Carteret being by virtue of the
said assurances and partition aforesaid, become sole seized to him and
his heirs, of the said premises called East New Jersey, by his last will
and testament in writing, bearing date on or about the fifth day of
December, in the year of our Lord one thousand six hundred seventy
and eight, did devise the same, and all his estate therein, amongst
other things, to the right honourable Edward, Earl of Sandwich, the
right honourable John Earl of Bath ; the right honourable Thomas,
Lord Crew, Baron Crew, of Steane the honourable Bernard Green-
ville, Esq; brother of the said Earl of Bath; the honourable Sir
Eobert Atkins, knight of the Bath; the honourable Sir Edward
Atkins, knight, one of the barons of his Majesty's Court of Ex-
chequer, and their heirs in trust, to sell the same for the payment of
his debts and legacies, as in and by the said will, relation being there-
unto had, may appear, and shortly after dyed. And whereas the
said John, Earl of Bath ; Thomas, Lord Crew ; Bernard Greenville;
Sir Kobert Atkins; and Sir Edward Atkins, by indentures of lease
and release, bearing date the fifth and sixth days of March, in the
two and thirtieth year of his Majesty's reign conveyed the said prem-
ises, amongst other things, to Thomas Cremer, of the Parish of St.
Andrews, Holbourne, in the county of Middlesex, gentleman, and
Thomas Pocock of the same, gentleman, as by the said indentures,
relation being thereunto had, it may appear. And whereas the said
Earl of Sandwich, by his indenture bearing date the twentieth day of
February last past, hath released all his estate, interest and trust in
the said premises, to the said Earl of Bath, Lord Crew, Bernard
Greenville, Sir Robert Atkins, and Sir Edward Atkins, and their
heirs, as by the said indenture, relation being thereunto had, may
appear. And w^iiereas the said Earl of Bath, Lord Crew, Bernard
Greenville, Sir Robert Atkins, and Sir Edward Atkins, by the con-
sent and direction of dame Elizabeth Carteret, relick and executrix
of the said Sir George Carteret; and the said Thomas Cremer and
Thomas Pocock, by the consent and direction of the said dame Eliza-
beth Carteret, Earl of Bath, Lord Crew, Bernard Greenville, Sir
Roberjb Atkins and Sir Edward Atkins, have by indentures of lease
and release, bearing date the first and second days of February last
past, granted and conveyed to the said William Penn, Robert West,
Thomas Rudyard, Samuel Groome, Thomas Hart, Richard Mew,
New Jersey— 1682 2571
Thomas Wilcox, of London goldsmith, Ambrose Rigg, John Hay-
wood, Hugh Hartshorn, Clement Plumstead, and Thomas Cooper,
their heirs and assigns, all the said premises called East New Jersey,
together with all isles, islands, rivers, mines, minerals, woods, fish-
ings, hawkings, huntings, fowlings, and all other royaltie's, privileges,
franchises, forts, harbours, profits, commodities, and hereditaments
whatsoever, thereunto belonging, as in and by the said indentures,
relation being thereunto had, may more at large appear. And
WHEREAS the said William Penn, Robert West, Thomas Rudyard,
Samuel Groome, Thomas Hart, Richard Mew, Thomas Wilcox, Am-
brose Rigg, John Haywood, Hugh Hartshorne, Clement Plumstead,
•and Thomas Cooper, have since conveyed one moyety of the said
tract of land called East New Jersey, and of all other the premises to
the said James, Earl of Perth, John Drummond, Robert Barckly,
Robert Gordon, Arent Sonmans, Gawn Lawry, Edward Byllynge,
James Braine, William Gibson, Thomas Barker, Robert Turner and
Thomas Warne, wiio are thereby become tenants in common of the
said premises called East New^ Jersey, which with the said William
Penn, Robert West, Thomas Rudyard, Samuel <jrroome, Thomas Hart,
Richard Mew, Thomas Willcox, Ambrose Rigg, John Haywood,
Hugh Hartshorn, Clement Plumstead, and Thomas Cooper. And
WHEREAS the said Thomas Wilcox hath conveyed all his share, estate,
and interest in the said premises, to the said David Barckly and his
heirs : And whereas by the said several recited Letters Patents, made
by his said Majesty unto his said Royal Highness as aforesaid, sev-
eral powers and authorities are and were given and granted unto his
said Royal Highness, his heirs or assigns, or by the deputies, agents
or commissioners of his said Royal Highness, his heirs or assigns,
which are necessary as well for the planting, peopleing and improv-
ing of all and every the respective lands, places and territories
thereof granted ; and for the transporting thither from time to time
such of his Majesty's subjects as should be w^illing to go or be trans-
ported into those parts, or any of them, as for the defending, guard-
ing and keeping of the same; as also for the w^ell governing of the
same, and of all such as shall be inhabiting the same, and for the
nuiking, ordaining and executing of -necessary and convenient laws
and constitutions, in order to such government; and the punishing and
pardoning offences and offenders, as occasion shall require; and to
make, ordain, constitute, and confirm, and also to revoke, discharge
c^nd alter all and singular Governors, officers and magistrates, w^hich
by his said Royal Highness, his heirs and assigns, shall be from time
to time thought fit and needful to be made, ordained, appointed or
used in tjie said parts or places, or any of them ; and to do all other
things needful, useful and necessary, for the well governing, keep-
ing, defending and preserving the said respective places and terri-
tories, and of every of them and all such as are and shall be
inhabiting there. Now these presents witness, that for and in con-
sideration of a competent sum of lawful English money, unto his
said Royal Highness in hand paid, and for the better extinguishing
all such claims and demands as his said Royal Highness, or his heirs,
may any wise have of or in the premises aforesaid, now called East
New Jersey, or any part of them, and for the further and better
settling and conveying, assuring and confirming of the same, and of
every part thereof, according to the purport and true meaning of
2572 New Jersey— 168^
these presents, his said Royal Highness the said James Duke of
York, hath granted, bargained, sold, released and confirmed, and by
these presents, as far as in him lyeth, doth grant, bargain, sell,
release and confirm unto the said James, Earl of Perth, John Drum-
mond, Robert Barckly, David Barckly, Robert Gordon, Arent Son-
mans, William Penn, Robert West, Thomas Rudyard, Samuel Groome,
Thomas Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh
Hartshorn, Clement Plumstead, Thomas Cooper, Gawn Lawry,
Edward Byllynge, James Braine, William Gibson, Thomas Barker,
Robert Turner and Thomas AVarne, their heirs and assigns, all that
part, share and portion, and all those parts, shares and portions, of
all that entire tract of land, and all those entire premises so granted
by his caid Royal Highness, unto the said John Lord Berkely and
Sir George Carteret, and their heirs, as in and by and upon the said
partition was and were vested in the said George Carteret and his
heirs, and there agreed to be called by the name of East New Jersey,
together with all islands, bays, rivers, waters, forts, mines, minerals,
quarries, royalties, franchises, and appurtenances whatsoever to the
same belonging, or in any wise appertaining ; and all the estate, right,
title, interest, reversion, remainder, claim and demand whatsoever,
as w^ell in law as in equity, of his said Royal Highness James, Duke
of York, of, in, unto or out of the same, or any part or parcel of the
same : as also the free use of all bays, rivers, and w aters, leading unto
or lying betw^een the said premises, or any of them, in the said parts
of East New Jersey, for navigation, free trade, fishing or otherwise,
to have and to hold unto the said Earl of Perth, John Drummond,
Robert Barckly, David Barckly, Robert Gordon, Arent Sonmans,
William Penn, Robert West, Thomas Rudyard, Samuel Groome,
Thomas Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh
Hartshorn, Clement Plumstead, Thomas Cooper, Gawn Lawry,
Edward Byllynge, James Braine, William Gibson, Thomas Barker,
Robert Turner, and Thomas Warne, their heirs and assigns forever,
to the only use and behoof of them the said Earl of Perth, John
Drummond, Robert Barckly, David Barckly, Robert Gordon, Arent
Sonmans, William Penn, Robert West, Thomas Rudyard, Samuel
Groome, Thomas Hart, Richard Mew, Ambrose Rigg, John Hay-
wood, Hugh Hartshorn, Clement Plumstead, Thomas Cooper, Gawn
Lawry, Edward Byllynge, James Braine, William Gibson, Thomas
Barker, Robert Turner and Thomas Warne, their heirs and assigns
forever, yielding and paying therefor yearly for the said whole entire
premises, unto his Royal Highness, his heirs and assigns, the yearly
rent of ten nobles of lawful English money, at or in the middle
Temple Hall, London, at or upon the feast day of St. Michael the
Archangel, yearly. And the said James, Earl of Perth, John Drum-
mond, Robert Barckly, David Barckly, Robert Gordon, Arent Son-
mans, William Penn, Robert West, Thomas Rudyard, Samuel Groome,
Thomas Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh
Hartshorne, Clement Plumstead, Thomas Cooper, Gawn Lawry,
Edward Byllynge, James Braine, William Gibson, Thomas Barker,
Robert Turner and Thomas Warne, do for themselves severally, and
for their several and respective heirs, executors, administrators and
assigns, covenant, promise and agree to and with his said Royal
Highness, his heirs and assigns, to pay, or cause to be paid, the said
annual rent of ten nobles, on the days and times herein before limited
for payment thereof. And these presents further witness, that for
New Jersey— 1682 2573
the better enabling the said Earl of Perth, John Drummond, Robert
Barckly, David Barckly, Robert Gordon, Arent Sonmans, William
Penn, Robert West, Thomas Rudyard, Samuel Groome, Thomas
Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh Harts-
horn, Clement Plumstead, Thomas Cooper, Gawn Lawry, Edward
Byllynge, James Braine, AVilliam Gibson, Thomas Barker, Robert
Turner and Thomas Warne, their heirs and assigns, to improve and
plant the said premises with people, and to exercise all necessary
government there, whereby the said premises may be the better im-
proved, and made more useful to them, their heirs and assigns, and to
the King's Majesty, his said Royal Highness hath likewise given and
•granted, assigned and transferred, and doth by these presents give,
grant, assign and transfer unto the said Earl of Perth, John Drum-
mond, Robert Barclay, David Barclay, Robert Gorden, Arent
Sonmans, William Penn, Robert West, Thomas Rudyard, Samuel
Groome, Thomas Hart, Richard Mew, Ambrose Rigg, John Hay-
wood, Hugh Hartshorne, Clement Plumstead, Thomas Cooper, Gawn
Lawry, Edward Billinge, James Braine, William Gibson, Thomas
Barker, Robert Turner, and Thomas Warne, their heirs and assigns,
proprietors of the said Province of East New Jersey aforesaid, for
the time being, all and every such and the same powers, authorities,
jurisdictions, governments, and other matters and things whatsoever,
which by the said respective recited Letters Patents, or either of them,
are or were granted, or intended to be granted, to be exercised by his
said Royal Highness, his heirs, assigns, deputies, officers, or agents,
in or upon, or in relation unto the said premises, hereby confirmed,
or intended to be hereby confirmed, and every of them, in case the
same were now in the actual seisen of his Royal Highness, to be held,
enjoyed, exercised and executed by them the said Earl of Perth, John
Drummond, Robert Barckly, David Barckly, Robert Gordon, Arent
Sonmans, William Penn, Robert West, Thomas Rudyard, Samuel
Groome, Thomas Hart, Richard Mew, Ambrose Rigg, John Hay-
wood, Hugh Hartshorn, Clement Plumstead, Thomas Cooper, Gawn
Lawry, Edward Byllynge, James Braine, William Gibson, Thomas
Barker, Robert Turner and Thomas Warne, their heirs and assigns,
Proprietors of the said Province of East New Jersey, for the time
being, as fully and amply to all intents, constructions and purposes,
as his said Royal Highness, or his heirs, might, could or ought to
hold, enjoy, use, exercise or execute the same by force and virtue of
the said several and respective before recited Letters Patents, or
either of them, or any thing in them, or either or any of them, con-
tained or otherwise howsoever. Provided ahoays, that these presents
be entered with the Auditor General of his said Royal Highness
within two months next after the date hereof. In witness whereof
the parties above mentioned to these present indentures, interchange-
ably have set their hands and seals, the day and year first above
written.
James.
Sealed and delivered by his Royal Highness, in the presence of
Ro. Werden,
William Crofts,
John Ashton.
2574 New Jersey— 1683
THE FUNDAMENTAL CONSTITUTIONS FOR THE PROVINCE OF
EAST NEW JERSEY IN AMERICA, ANNO DOMINI 1683 «
Since the right -of government, as well as soil, is in the four and
twenty Proprietors, and that the same is confirmed to them a new
by a late patent from James Duke of York, pursuant to patent
granted to him from the King; the Proprietors for the well ordering
and governing of the said Province, according to the powers conveyed
to them, do grant and declare, that the government thereof shall be
as followeth, viz.
I. That altho' the four and twenty Proprietors have formerly made
choice of Robert Barclay, Esq ; for Governor, during his natural life,
and to serve by a deputy to be approved of by sixteen of the Proprie-
tors, until he himself be upon the place, which is by these presents
ratified and confirmed, to all intents and purposes: Yet after the
decease of the said Robert Barclay, or by reason of his malverstation,
the Proprietors shall find cause to divest him of the government, the
four and twenty . Proprietors shall choose a Governor; in order to
which it shall be in the power of each of them to name one, and six-
teen of the four and twenty shall determine it : which Governor shall
be obliged to serve and reside upon the place, and shall only continue
for three years; and if any shall directly or indirectly propound or
advise the continuance for any longer time, or of new to choose him
again, or his son, within the three years, it shall be esteemed a
betraying of the publick liberty of the Province; and the actors
shall be esteemed as publick enemies; and the said Governor that
shall be so continued, shall be reputed guilty of the same, not only
by reason of his acceptance of that continuation, but also by reason
of any kind of solicitation which he' may directly or indirectly have
endeavoured. If the Governor so do die before the three years be
expired, the Proprietors shall choose one to supply his place, for the
time the other should held it, and no longer. Provided^ that this
limitation of three years above mentioned, do not extend to the
Deputy Governor of Robert Barclay, for seven years after that pass-
ing of those constitutions, who may be for a longer time than three
years, if the proprietors see meet.
II. That for the government of the Province, there shall be a
great Council, to consist of the four and tAventy proprietors, or their
proxies in their absence, and one hundred forty-four to be chosen by
the freemen of the Province. But forasmuch as there are not at
present so many towns built as there may be hereafter, nor the
Province divided into such counties as it may be hereafter divided
into, and that consequently no certain division can be made how^ many
shall be chosen for each town and county ; at present four and tw^enty
shall be chosen for the eight towns that are at present in being, and
eight and forty for the county, making together seventy-two, and
w^ith the four and twenty Proprietors, ninety-six persons, till such
times as the great council shall see meet to call the above mentioned
number of one hundred forty-four, and then shall be determined by
the great council, how many shall come out of each town and county ;
« Verified by " Grants and Concessions of New Jersey." Learning & Spieer.
2d Ed. PI). 153-166.
New Jersey— 1683 2575
but every year shall choose one-third, and the first chosen shall re-
main for three years, and they that go out shall not be capable to
come in again for two years after, and therefore they shall not be put
in the ballot in elections for that year ; and in order to this election,
they shall in course meet in their several boroughs and counties the
six and twentieth day of March, beginning in the year one thousand
six hundred eighty-four, and choose their several representatives;
whose first day of meeting shall be the twentieth of April afterwards;
and they shall sit upon their own adjournments, if they see meet, till
the twentieth of July following, and then to be dissolved till the
next year, unless the Governor and common council think fit to con-
tinue them longer, or call them in the intervail; but if any of those
days fall on the first day of the week, it shall be deferred until the
next day.
III. The persons qualified to be freemen, that are capable to
choose and be chosen in the great Council, shall be every planter and
inhabitant dwelling and residing within the Province, who hath
acquired rights to and is. in possesion of fifty acres of ground, and
hath cultivated ten acres of it ; or in boroughs, who have a house and
three acres; or have a house and land only hired, if he can prove he
have fifty pounds in stock of his own : and all elections must be free
and voluntary, but were any bribe or indirect means can be proved
to have been used, both the giver and acquirer shall forfeit their
priviledge of electing and being elected forever ; and for the full pre-
venting of all indirect means, the election shall be after this manner,
the names of all the persons qualified in each county, shall be put in
equal pieces of parchment, and prepared by the sheriff and his clerk
the day before, and at the day of election shall be put in a box, and
fifty shall be taken out by a boy under ten years of age; these fifty
shall be put into the box again, and the first five and twenty then
taken out shall be those who shall be capable to be chosen for that
lime; the other five and twenty shall by plurality of votes, name (of
the aforesaid twenty-five) twelve, if there be three to be chosen, and
eight if there be two to stand for it ; these nominators first solemnly
declaring before the sheriff, that they shall not name any known to
them to be guilty for the time, or to have been guilty for a year
before, of adultery, whoredom, drunkeness, or any such immorality,
or who is insolvent or a fool ; and then out of the twelve ov eight so
nominated, three or two shall be taken by the ballot as above said.
IV. It shall be the priviledge of every member of the great Council,
to propose any bill in order to a law, which being admitted to be
debated, shall be determined by the vote, wherein two parts of three
shall only conclude; but of this, twelve of the Proprietors, or their
l)roxies, must be assenting; which shall also be requisite after the
number of freemen are double : Nor shall any law^ be made or enacted
to have force in the Province, which any ways touches upon the goods
or liberties of any in it, but what thus passeth in the great Council ;
and whoever shall levy, collect or pay any money or goods without a
law thus passed, shall be held a publick enemy to the Province, and
a betrayer of the publick liberty thereof: also the quorum of this
great Council shall be half of the Proprietors, or their proxies, and
half of the freenien at least; and in determination, the proportion-
able assent of both Proprietors and freemen must agree, viz. two
2576 New Jersey— 1683
parts of whatever number of freemen, and one half of whatever num-
ber of Proprietors are present.
V. For the constant government of the Province there shall be
with the Governor a common Council, consisting of the four and
twenty Proprietors, of their proxies, and twelve of the freemen,
which shall be chosen by the ballot out of the freemen of the great
Council, and shall successively go off each year as they do; which
common Council will thus consist of six and thirty, whereof they
shall be three committees; twelve for the public policy, and to look
to manners, education and arts; twelve for trade and management
of the publick Treasury; and twelve for plantations and regulating
of all things, as well as deciding all controversies relating to them:
in each committee eight shall be of the Proprietors, or their proxies,
and four of the freemen; each of these committees shall meet at
least once a w^eek, and all the thirty six once in two months, and
oftener, in such places and at such times as they shall find most con-
venient. And if it happen the number of freemen in tHe great
Council to be doubled, there shall be twelve more of them be added to
the common Council; in this common Council and those several
committees the one half shall be a quorum, as in the former article.
VI. All laws shall be published and run in the name of the Gov-
ernor, Proprietors and representatives of the freemen of the Prov-
ince, and shall be signed by two of the Proprietors, two of the
freemen, the Secretary and the Governor for the time being, who
shall preside in all meetings, and have two votes, but shall no ways
pretend to any negative vote: but if he or they refuse to do his or
their duty, or be accused of malversation, he shall be liable to
the censure of the Proprietors, and if turned out, there shall be
another chosen to fulfil his time as is abovesaid.
VII. Forasmuch as by the Concessions and agreements of the former
Proprietors, (to wit) the Lord Berkeley and Sir George Carteret,
to and with all and every the adventurers and all such as shall
settle and plant in the Province in Anno 1664, it is consented and
agreed by the six and seven articles, that the great Assembly should
have power, by act confirmed as there expressed, to erect, raise and
build within the said Province, or any part thereof, such and so many
forts, castles, cities and other places of defence, and the same, or any
of them, to fortify and furnish with such provisions and proportions
of ordnance, powder, shot, armour and all other weapons, ammu-
nition and abilments of war, both offensive and defensive, as shall
be thought necessary and convenient for the safety and welfare of the
said Province; as also to constitute train bands and companies,
with the number of the soldiers, for the safety, strength and defence
of the aforesaid Province; to suppress all mutinies and rebellions;
to make war offensive and defensive, against all and every one that
shall infest the said Province, not only to keep the enemy out of their
limits, but also, in case of necessity, the enemy by sea and land to
pursue out of the limits and jurisdiction of the said Province. And
that amongst the present Proprietors there are several that declare,
that, they have no freedom to defend themselves with arms, and
others who judge it their duty to defend themselve>s, wives and chil-
dren, with arms; it is therefore agreed and consented to, and they
the said Proprietors do by these presents agree and consent, that they
i
New Jersey— 1683 2577
will not in this case force each other against their respective judg-
ments and consciences; in order whereimto it is Resolved, that on
the one side, no man that declares he cannot for conscience sake
bear arms, whether Proprietor or planter, shall be at any time put
upon so doing in his own person, nor yet upon sending any to serve
in his stead. And on the other side, those who do judge it their duty
to bear arms for the publick defence, shall have their liberty to do
in a legal way. In pursuance whereof, there shall be a fourth
committee erected, consisting of six proprietors, or their proxies,
and three of the freemen, that are to set in the other three com-
mittees, which shall be such as to understand it their duty to use
arms for the publick defence; which committee shall provide for
the publick defence without and peace within, against all enemies
whatsoever; and shall therefore be stiled the committee for the
preservation of the publick peace: And that all things may pro-
ceed in good order, the said committee shall propound to the great
Council what they judge convenient and necessary for the keeping the
peace within the said Province, and for publick defence without, by
the said great Council to be approved and corrected, as they, accord-
ing to exigence of affairs, shall judge fit; the execution of which
resolutions of the great Council shall be committed to the care of the
said committee. But because through the scruples of such of the
Proprietors, or their proxies, as have no freedom to use arms, the
resolutions of the great Council may be in this point obstructed, it is
resolved and agreed, and it is by these presents resolved and agreed,
that in things of this nature, the votes of these Proprietors shall only
be of weight at such time or times as one of these two points are
under deliberation, which shall not be concluded where twelve of the
Pro])rietors and two thirds of the whole Council, as in other cases,
are not consenting, (that is to say) first, whether, to speak after the
manner of men, (and abstractly from a man's perswasion in matters
of religion) it be convenient and suitable to the present condition or
capacity of the inhabitants, to build any forts, castles or any other
places of defence? If yea; where and in Avhat places (to speak as
men) they ought to be erected. Secondly, whether there be any
present or future foreseen danger, that may, (to speak as men without
resi^ect to one's particular perswasion in matters of religion) require
the putting the Province into a posture of defence, or to make use of
those means which we at present have, or which, from time to time
as occasion may require, according to the capacity of the inhabitants,
we may have; which ability and conveniency of those means of
defence, and (to speak as men without respect to any man's judgment
in matters of religion) the necessity of the actual use thereof, being
once resolved upon; all further deliberations about it, as the raising
of men, giving of commissions both by sea and land, making Gov-
ernors of forts, and providing money necessary for maintaining the
same, shall belong only to those members of the great Council who
judge themselves in duty bound to make use of arms for the defence
of them and theirs. Provided, that they shall not conclude any thing
but by the consent of at least five parts out of six of their number;
and that none of the Proprietors and other inhabitants may be forced
to contribute any money for the use of arms, to which for conscience
2578 New Jersey— 1683
sake they have not freedom, that which is necessary for the publick
defencie, shall be borne by such as judge themselves in duty bound to
use arms. Provided, that the other, that for conscience sake do
oppose the bearing of arms, shall on the other hand bear so much in
other charges, as may make up that portion in the general charge of
the Province. And as the refusing to subscribe such acts concerning
the use and exercise of arms abovesaid, in the Governor and Secretary,
if scrupulous in conscience so to do, shall not be esteemed in them
an omission or neglect of duty, so the wanting thereof shall not make
such acts invalid, they being in lieu thereof, subscribed by the major
part of the six Proprietors of the committees for the preservation of
the publick peace.
VIII. The choosing the great and publick officers, as Secretary,
Register, Treasurer, Surveyor General, Marshal, and after death
of turning out of those now first to be nominated, shall be in the
Governor and Common Council; as also of all sheriffs, judges and
justices of the peace. But upon any malversation or accusation,
they shall be liable to the examination and censure of the great
Council, and if condemn'd by them, the Governor and Common
Council must name others in their places.
IX. Provided, That all boroughs shall choose their own magis-
trates, and the hundreds in the county, their constables or under
officers, in such manner as shall be agreed to by the great Council.
X. Forasmuch as by the Patent, the power of pardoning in capi-
tal offences, is vested in the four and twenty Proprietors; it is
hereby declared, that, the said power of pardoning shall never be
made use of but by the consent of eighteen of the Proprietors, or
their proxies : Nevertheless, it shall be in the power of the Governor,
in conjunction with four Proprietors, who for the time are judges
of the Court of Appeals, to reprieve any person after the day of exe-
cution appointed, for some time, not exceeding a month.
XL The four and twenty Proprietors, in their absence, may vote
in the great and common Council by their proxies; one Proprietor
may be proxy for another, yet so as not but for one, so that none
can have above tw^o votes: The proxies of the Proprietors must be
such as has shares in properties not under a tAventieth part.
XII. That whoever has any place of publick trust in another
Province, tho' a Proprietor, shall not sit in the great or common
Council, but by their proxies, unless thereunto particularly called
by the one or other Council.
XIII. Whatever Proprietor doth not retain at least one fourth
part of his propriety, viz : one ninety sixth part of the country, shall
lose the right of government, and it shall pass to him who has
the greatest share of that propriety, exceeding the above mentioned
proportion : But if two or three has each one ninety sixth part,
they shall have it successively year about, like as when a proprietj^
is in two hands, he who is upon the place, if the other be absent,
sick or under age, shall still have it; but if both there, then by
turns as abovesaid; and if in a provided propriety all be absent,
the proxies must be constituted by both ; if but two or the greater
•nuniber if there be more. And if any who sells a part of his pro-
priety,'and retains one ninety sixth part and the title of the govern-
ment portion be absent, whoever has shares for him, not under one
i
New Jersey— 1683 2579
ninety sixth part, being present, shall set for him, whether having a
proxy or not ; and if there be more than one, it shall go by turns as
above. But fjecause after sometime by division among children, it
may happen that some one twenty fourth part may be so divided,
that not any one may have one fourth part of a propriety, or one
ninety sixth part of the whole, in that case the Proprietors shall
elect one having not under one ninety sixth part, to bear the char-
acter of the government for that propriety: But if the county shall
fall to be so divided, that there shall not be found four and twenty
persons who have one ninety sixth part each; then whoever has five
thousand acres, shall be capable to be chosen to be one of the four
and twenty, and that by the rest of the Proprietors, by the ballot,
each having priviledge to lift one; but this not to take place till
forty years after the settlement of these constitutions : And if twenty
years after the expiration of the forty years above mentioned, it shall
fall out that four and twenty persons cannot be found who have
each five thousand acres, it shall be then in the power of the great
Council to make a less number of acres sufficient to carry the char-
acter of the government, provided they bring it not under three
thousand acres (the Proprietors being always electors as abovesaid)
no Proprietor under one and twenty years shall be admitted to vote,
but during nonage there shall be a proxy appointed by the tutor,
and failing that, by the other Proprietors.
XIV. In all civil and ordinary actions, the Proprietors shall be
judged after the same manner, and lyable to the same censure with
any other; but in all cases that are capital, or may inferr for for-
feiture of their trust or Proprietorship, they shall be adjudged by a
jury of twelve of the Proprietors, or their proxies, or such as has
share in a propriety not under one twentieth part ; the bill being first
found relievant against them by a grand jury of twelve Proprietors
and twelve free men to be chosen by the ballot, as in article nineteen.
XV. For preserving a right balance, no Proprietor shall at any
time require or purchase more than his one four and twentieth part
of the county ; but if by any accident, more fall into the hands of the
Proprietors, he may be allowed to dispose of it to his children, tho'
under age, yet not so as to acquire to himself more than one vote
besides his own; but if such an acquirer have no children he shall
be obliged to sell it within one year after he has acquired it, nor shall
he evade this by putting in another's name in trust for him; but
shall upon his assignment solemnly declare himself to be realy and
effectually divested of it for the proper use of him it is assign'd to:
And if within three years he find not a merchant, he shall be obliged
to dispose of it at the current rate to the rest of the Proprietors, to be
holden in common by them, who shall appoint one to bear that char-
acter in the government, untill such a share of it fall in one hand, by a
former article may render him capable, by the consent of two parts
of the other Proprietors, to have the power devolved in him; and if
by this or anj^ other accident one or more votes be wanting in the
interem, the Proprietors shall name others quallified as above to
supply their places.
XVI. All persons living in the Province who confess and acknowl-
edge the one Almighty and Eternal God, and holds themselves
obliged in conscience to live peaceably and quietly in a civil society,
7254— VOL 5—09 4
2580 New Jersey— 1683
shall in no way be molested or prejudged for their religious per-
swasions and exercise in matters of faith and worship ; nor shall they
be compelled to frequent and maintain any religious worship, place
or ministry whatsoever : Yet it is also hereby provided, that no man
shall be admitted a member of the great or common Council, or any
other place of publick trust, who shall not profaith in Christ Jesus,
and solemnly declare that he doth no ways hold himself obliged in
conscience to endeavour alteration in the government, or seeks the
turning out of any in it or their ruin or prejudice, either in person
or estate, because they are in his opinion hereticks, or differ in their
judgment from him : Nor by this article is it intended, that any under
the notion of this liberty shall allow themselves to avow atheism,
irreligiousness, or to practice cursing, swearing, drunkenness, pro-
phaness, whoring, adultery, murdering or any kind of violence, or
indulging themselves in stage plays, masks, revells or such like
abuses; for restraining such and preserving of the people in deli-
gence and in good order, the great Council is to make more particular
laws, which are punctually to be put in execution.
XVII. To the end that all officers chosen to serve within the Prov-
ince, may with the more care and deligence answer the trust reposed
in them; it is agreed, that no such person shall enjoy more than one
public oifice at one time : But least at first before the country be well
planted, there might be in this some inconveniency, it is declared,
that this shall not necessarily take place till after the year 1685.
XVIII. All chart, rights, grants and conveyances of land (except
leases for three years and under) and all bonds, wills, and letters of
administration and specialties above fifty pounds, and not under six
months, shall be registered in a publick register in each county, else
be void in law ; also there is to be a register in each county for births,
marriages, burials and servants, where their names, times, wages
and days of payment shall be registered ; but the method and order
of settling those registers is recommended to the great Council; as
also the fees which are to be moderate and certain, that the taking
of more in any office, directly or indirectly by himself or any other,
shall forfeit his office.
XIX. That no person or persons within the said Province shall
be taken and imprisoned, or be devised of his freehold, free custom
or liberty, or be outlaAved or exiled, or any other way destroyed ; nor
shall they be condemn'd or judgment pass'd upon them, but by lawful
judgment of their peers: neither shall justice nor right be bought or
sold, defered or delayed, to any person whatsoever : in order to which
by the laws of the land, all tryals shall be by twelve men, and as near
as it may be, peers and equals, and of the neighborhood, and men
without just exception. In cases of life there shall be at first twenty-
four returned by the sheriff for a grand inquest, of whom twelve at
least shall be to find the complaint to be true; and then the twelve
men or peers to be likewise returned, shall have the final judgment;
but reasonable challanges shall be always admitted against the twelve
men, or any of them: but the manner of returning juries shall be
thus, the names of all tlie freemen above five and twenty years of age,
within the district or boroughs out of Avhich the jury is to be returned,
shall be written on equal peices of parchment and put into a box,
and then the number of the jury shall be drawn out by a child under
New Jersey— 1683 2581
ten years of age. And in all courts persons of all perswasions may
freely appear in their own way, and according to their own manner,
and there personally plead their own causes themselves, or if unable,
by their friends, no person being allowed to take money for pleading
or advice in such cases: and the first process shall be the exhibition
of the complaint in court fourteen days before the tryal, and the
party complain'd against may be fitted for the same, he or she shall
be summoned ten days before, and a copy of the complaint delivered
at their dwelling house: But before the complaint of any person be
received, he shall solemnly declare in court, that he believes in his
conscience his cause is just. Moreover, every man shall be first cited
before the court for the place where he dwells nor shall the cause be
brought before any other court but by way of appeal from sentence
of the first court, for receiving of which appeals, there shall be a
court consisting of eight persons, and the Governor (protempore)
president thereof, (to wit) four Proprietors and four freemen, to be
chosen out of the great Council in the following manner, viz. the
names of sixteen of the Proprietors shall be written on small pieces
of parchment and put into a box, out of which by a lad under ten
years of age, shall be drawn ei^ht of them, the eight remaining in
the box shall choose four; and in like manner shall be done for the
choosing of four of the freemen.
XX. That all marriages not forbidden in the law of God, shall be
esteemed lawful, where the parents or guardians being first ac-
quainted, the marriage is publickly intimated in such places and man-
ner as is agreeable to mens different perswasions in religion, being
afterw^ards still solemnized before creditable witnesses, by taking one
another as husband and wife, and a certificate of the whole, under
the parties and witnesses hands, being brought to the proper register
for that end, under a penalty if neglected.
XXI. That all witnesses coming or called to testify their knowl-
edge in or to any matter or thing in any court or before any lawful
authority within the Province, shall there give and deliver in their
evidence by solemnly promissing to speak the truth, the whole truth
and nothing but the truth to the matter in question. And in case any
person so doing shall be afterwards convict of willful falsehood, both
such persons as also those who have proved to have suborn, shall
undergo the damage and punishment both in criminal and in civil;
the person against whom they did or should have incurred, which if
it reach not his life, he shall be publickly exposed as a false witness,
never afterwards to be credited before any court ; the like punishment
in cases of forgery, and both criminals to be stigmatized.
XXII. Fourteen years quiet possession shall give an unquestion-
able right, except in cases of infants, lunaticks or married women, or
persons beyond sea or in prison. And w^hoever forfeits his estate to
the government by committing treason against the Crown of Eng-
land, or in this Province, or by any other capital crime, the nearest
of kin may redeem it within two months after the criminals death, by
paying to the public treasury not above one hundred pounds, and not
under five pounds sterling, which proportion the common Council
shall determine, according to the value of the criminals estate, and to
I he nature of the offence; reparation to any who have suffered by
dm, and payment of all just debts being always allowed.
2582 New Jersey— 1683
XXIII. For avoiding innumerable multitude of statutes, no act to
be made by the great Council shall be in force above fifty years after
it is enacted ; but as it is then de novo confirmed, allways excepting
these four and twenty fundamental articles, which, as the primitive
charter, is forever to remain in force, not to be repealed at any time
by the great Council, tho' two parts of the Council should agree to it,
unless two and twenty of the four and twenty Proprietors do ex-
pressly also agree, and sixty six of seventy two freemen; and when
they are one hundred forty four, one hundred thirty two of them;
and. also this assent of the Proprietors must be either by their being
present in their own persons, or giving actually their votes under
their hands and seals (if elsewhere) and not by proxies; which
solemn and express assent must also be had in the opening of mines
of gold and silver ; and if such be opened, one third part of the profit
is to go to the publick Treasury ; one third to be divided among the
four and twenty Proprietors, and one third to Proprietor or planter
in whose ground it is ; the charges by each proportionably borne.
XXIV. It is finally agreed, that both the Governor and the mem-
bers of the great and common Council, the great officers, judges,
sheriffs and justices of the peace, and all other persons of public
trust, shall before they enter actually upon the exercise of any of the
employs of the Province, solemnly promise and subscribe to be true
and faithful to the king of England, his heirs and successors, and to
the Proprietors, and he shall well and faithfully discharge his office
in all things according to his commission, as by these fundamental
constitutions is confirmed, the true right of liberty and property, as
well as the just ballance both of the Proprietors among themselves,
and betwixt them and the people : it's therefore understood, that here
is included whatever is necessary to be retained in the first Conces-
sions, so that henceforward there is nothing further to be proceeded
upon from them, that which relates to the securing of every man's
land taken up upon them, being allways excepted. And provided
also, that all judicial and legal proceedings heretofore done according
to them, be held, approved and confirmed.
Drummond. Robert Burnet. Bar. Gibson. Robert Gordon.
GawnLawry. Perth. William Gibson. William Dockwra.
Thos. Hart. Thomas Barker and as proxy for Ambrose
Riggs. Clement Plumstead, proxy for Barclay. Ar.
Sonmans. Robert Turner and Thomas Cooper.
THE KING'S LETTER EECOGNIZING THE PROPRIETORS' RIGHT
TO THE SOIL AND GOVERNMENT— 1683 «
Charles, R.
Whereas his Majesty for divers good causes and considerations
him thereunto moving, by Letters Patents bearing date the twenty-
ninth day of June, Anno Domini 1674, in the twenty-sixth year of
his Majesty's reign, was pleased to give and grant unto his dearest
o Verified by " Grants and Concessions of New Jersey." Learning & Spicer,
2d ed., pp. 151-152.
New Jersey— 1683 2583
brother James, Duke of York, several territories, islands, and tracts
of land in America, part of which were since called by the name of
Nova Caesarea or New Jersey, and was vested in John Lord Berkeley,
of Stratton, and Sir George Carteret, Knight and Baronet, w^ho were
both of his Majesty's most honourable Privy Council, and in their heirs
and assigns: And the east part or portion of the said Province of
New Jersey, by a certain deed of partition afterwards made, became
the share of the said Sir George Carteret, his heirs and assies, and
was agreed to be called East New Jersey, and was since assigned to
the present Proprietors. And avhereas his Royal Highness, James,
Duke of York, by his endenture bearing date the fourteenth day of
March, Anno Dom. 1682, in the thirty-fifth year of his Majesty's
reign (for the consideration therein mentioned) did grant and con-
firm the said Province of East New Jersey, (extending' eastward and
northward all along the sea coast and Hudson's river, from Little
Egg Harbour, to that part of Hudson's river which is in forty-one
degrees of northern lattitude, and otherways bounded and limited as
in said grant and confirmation, relation being thereunto had, may
more particularly and at large appear) unto James, Earl of Perth,
John Drummond of Lundie; as also unto Robert Barckly, of Eury,
Esq ; Robert Gordon, of Clunie, Esq ; and others, his Majesty's lov-
ing subjects in England, Scotland, and elsewhere, to the number of
twenty- four grantees, and to their heirs and assigns forever; together
with all powers and jurisdiction necessary for the good government
of the said Province. His Majesty therefore doth hereby declare
his royal will and pleasure, and doth strictly charge and command the
planters and inhabitants, and all other persons concerned in the said
Province of East New Jersey, that they do submit and yield all due
obedience to the laws and government of the said grantees, their heirs
and assigns, as absolute Proprietors and Governors thereof, (who
have the sole power and right derived under his Royal Highness
from his said Majesty, to settle and dispose of the said Province upon
such terms and conditions as to them shall seem good) as also to their
deputy or deputies, agents, lieutenants, and officers, lawfully com-
missionated by them according to the powers and authorities granted
to them. And of this his Majesty's royal will and pleasure, the Gov-
ernor and Council is required to give publick notice, his Majesty
expecting and requiring forthwith a due compliance with this his
royal will and pleasure, from all persons as well without the Prov-
ince as within the same, (who these presents do or may concern) as
they will answer the contrary thereof at their peril. Given at the
Court of 'Whitehall, the twenty-third day of November, 1683, in the
thirty-fifth year of his Majesty's reign.
By his Majesty's command,
Sunderland.
To the Governor and Council of East New Jersey, for the time
being, and to the planters, inhabitants, and d\l others concerned in
the said Province.
2584 New Jersey— 1702
THE aUEEN'S ACCEPTANCE OF THE SURRENDER OF GOVERN-
MENT«
At the Court of St. James's the iTth day of April, 1702
PRESENT
The Queen's most Excellent Majesty.
His Royal Highness, Prince Earl of Radnor,
George of Denmark, Earl of Barkeley,
Lord Keeper, Earl of Rochester,
Lord President, Earl of Marlborough,
Lord Steward, Earl of Bradford,
Duke of Bolton, Earl of Romney,
Duke of Schonberg, Earl of Renalagh,
Duke of Leeds, Lord Ferrers,
Lord Great Chamberlain, Lord Godolphin,
Earl Marshall, Mr. Comptroller,
Lord High Admiral, Mr. Vice Chamberlain,
Lord Chamberlain, Mr. Secretary Vernon,
Earl of Dorset, Mr. Chancellor of the Exchequer,
Earl of Manchester, Lord Chief Justice,
Earl of Stamford, Sir Charles Hedges,
Earl of Burlington, Mr. Smith,
This day the several Proprietors of East and \yest New Jersey in
America, did in person present a deed of surrender by them executed
under their hands and seals, to her Majesty in Council, and did
acknowledge the same to be their act and deed, and humbly desire
her Majesty accept the same, that it might be enrolled in the Court
of Chancery, whereby they did surrender their power of the Govern-
ment of those plantations: Which her Majesty graciously accepted,
and was pleased to order as it is hereby ordered, that the same be
enrolled in her Majesty's said High Court of Chancery, whereby they
did surrender their power of the Government of those plantations
which her Majesty graciously accepted and Avas pleased to order, as
it is hereby ordered, that the same be enrolled in her Majesty's said
High Court of Chancery, and the said instruments are to be delivered
to Mr. Attorney General, who is to take care that the same be en-
rolled accordingly.
A true copy.
W. Sharpe.
17 March 1747,
Examined the foregoing copy with the entry, remaining in the
register book, in the office of his Majesty's privy Council at Whitehall,
and found the same to contain a true copy.
James Hamilton,
« Verified by " Grants and Concessions of New Jersey." Learning & Spicer,
2 ed., pp. C)17-(;i8.
New Jersey— 1702 2585
7 October, 1747
Examined the foregoing copy, with the entry remaining in the
register book in the office of his Majesty's privy Council at Whitehall,
and found the same to contain a true copy.
John Waddell,
Be it remembered, that on the tenth day of September, 1748, John
Waddell of the city of New York, merchant, appeared before Robert
Hunter Morris, Esq; Chief Justice of the Province of New Jersey,
and being duly sworn on the holy evangelists, on his oath declared,
that the name of John Waddell, signed to the preceding certificate
of the 7th of October, 1747, is the proper hand Avriting of the declar-
ant, and that the matter contained in the said certificate is true,
John Waddell.
Sworn as above, before me,
Robert Hunter Morris.
Agrees with an attested copy, being carefully examined and cor-
rected by me,
John Smith,
Register of the Proprietors of East New Jersey.
SURRENDER FROM THE PROPRIETORS OF EAST AND WEST NEW
JERSEY, OF TKEIR PRETENDED RIGHT OF GOVERNMENT TO
HER MAJESTY— 1702 «
Whereas his late Majesty King Charles the Second, by his Letters
Patents under the great seal of England, bearing date at Westmin-
ster on or about the 12th day of March, in the sixteenth year of his
reign, did give and grant to James then Duke of York, his heirs
and assigns, all that part of the main land of New England, begin-
ning at a certain place called or known by the name of Saint Croix,
next adjoining to New Scotland in America, and from thence extend-
ing along the sea-coast unto a certain place called Pemaquod or
Pemaquid, and so up the river thereof to the furthest head of the
same, as it tends northward, and extending from thence to the river
of Kenibique, and so upwards by the shortest course to the river
Canada, northward ; and also all that island or islands commonly
called by the several name or names of Manowacks, or Long Island,
situate, lying and l)eiug towards the Avest of Cape Codd and the
Narrohigansets, abutting upon the main land between the two rivers
there, called or known by the several names of Connecticut and Hud-
son's river; together also with the said river called Hudson's river,
and all the lands from the west side of Connecticut river to the .east
side of Delaware bay. And also all those several islands called or
known by the names of Martin's Vinyard, and Nantucks or Nan-
tucket, together with all the lands, islands, soils, rivers, harbours,
mines, minerals, quarries, Avoods, marshes, waters, lakes, fishings,
hawkings, hunting, and fowling, and all other royalties, profits, com-
modities and hereditaments to the several islands, lands, and premises,
» Verified by " Grants and Concessions of New Jersey." Learning & Spieer.
2d Ed. pp. r.00-fi:8.
2586 New Jersey— 1702
belonging and appertaining, with their and every of their appurte-
nances, to have and to hold all and singular the said lands, islands,
hereditaments, with their and every of their appurtenances, to- the
said James Duke of York, his heirs and assigns forever, to be held
of the said King, his heirs and successors as of his manor' of East
Greenwich in Kent, in free and common soccage and not in capite
or by knight's service, yielding and rendering therefore yearly and
every year, forty beaver skins when demanded, or Avithin ninety days
after: And by the same Letters Patents the late King Charles the
Second, for himself, his heirs and successors, did give and grant to
the said James Duke of York, his heirs, deputies, agents, commis-
sioners and assigns, full and absolute power and authority to correct,
punish, pardon, govern and rule all such subjects of the said King,
his heirs and successors, as should from time to time adventure them-
selves into the parts and places aforesaid, or that should at any time
then after inhabit within the same, according to such laws, orders,
ordinances, directions and instructions as by the said Duke of
York, or his assigns, should be established; and in defect thereof,
in case of necessity, according to the good directions of his deputies,
commissioners, officers or assigns respectively, as well in all causes
and matters as well capital and criminal as civil, both marine and
others, so always as the said statutes, ordinances and proceedings were
not contrary, but as near as might be agreeable to the laws and stat-
utes and government of the realm of England, saving and reserving
to his said Majesty, his heirs and successors, the receiving, hearing
and determining, of the appeal and appeals of all or any other person
or persons of, in or belonging to the territories or islands aforesaid,
in or touching any judgment or sentence to be there made or given;
and further that it should and might be lawful to and for the said
Duke of York, his heirs and assigns, from time to time to nominate,
constitute, ordain and confirm such laws as aforesaid, by such name
or names or stiles as to him or them shall seem good ; and likewise to
revoke, discharge, change and alter as well all and singular Gover-
nors, officers and ministers, which then after should be by him or
them thought fit or needful to be made or used within the aforesaid
parts and islands; and also to make, ordain and establish, all manner
of orders, laws, directions, instructions, forms and ceremonies of
government and magistracy, fit and necessary for and concerning the
government of the Territories and islands aforesaid, so always as the
same Avere not contrary to the laws and statutes of the realm of Eng-
land, but as near as might be agreeable thereunto; and the same at
all times then after to put in execution or abrogate, revoke or change,
not only wnthin the precinct of the said Territories or islands, but
also upon the seas in going and coming to and from the same, as he
and they in their good direction should think to be fittest for the
good of the adventurers and inhabitants there. And the late King
did thereby grant, ordain and declare, that such- Governors, officers,
ministers as from time to time should be authorized and appointed in
manner and form aforesaid, should and might have full power and
authority to use and exercise martial law in cases of rebellion, insur-
rection, and mutiny, in as large and ample manner as the lieutenants
of his said Majesty in his counties of the realm of England had, or
ought to have, by their commissions of lieutenancy, or any law or
statute of the said realm of England. And the said late King did
' New Jersey— 1702 2587
thereby also for himself, heirs and successors, grant to the said James
Duke of York, that it should and might be lawful for him, his heirs
and assigns, in his or their discretions, from time to time, to admit
such and so many person or persons to trade and traffick unto and
within the Territories and islands aforesaid, and into every or any
part or parcel thereof, and to have process and enjoy any lands and
hereditaments in the parts and places aforesaid, as they should think
fit, according to the laws, orders, constitutions and ordinances by the
said James Duke of York, his heirs, deputies, commissioners and
assigns from time to time to be made and established, by virtue of
and according to the true intent and meaning of the said Letters
Patents, and under such conditions, reservations and agreements as
the said James Duke of York, his heirs and assigns should set down,
order, direct and appoint, and not otherwise. And by the said
Letters Patents the said King did for himself his heirs, and suc-
cessors, grant to the said James Duke of York, his heirs and assigns,
and to all and every such Governor and Governors or other. officers
or ministers as by the sa:id James Duke of York, his heirs or assigns,
should be appointed, with power and authority of government and
command in or over the inhabitants of the said Territories or islands,
that they and every of them should, or lawfully might, from time to
time, and at all times then after or for ever, for their several defence
and safety, encounter, expulse, repel and resist by force of arms, as
well by sea as by land, and all ways and means whatsoever, all such
person or persons as without the especial licence of the said James
Duke of York, his heirs and assigns, should attempt to inhabit within
the several precincts and limits of the said territories and islands;
and also all and every such person and persons whatsoever as should
enterprize, or attempt at any time then after, the destruction or
invasion, detriment or annoyance to the parts, places or islands afore-
said, or any part thereof ; as by the said recited Letters Patents duly
enrolled, relation thereunto had, more at large may appear. Arid
whereas the estate, interest, right and title of the said James Duke of
York, in and to the Provinces of East Jersey and West Jersey, part
of the premises by the said recited Letters granted, are by mean con-
veyances and assurances in the law, come unto and vested in or
claimed amongst others by Sir Thomas Lane, Paul Dominique, Rob-
ert Mitchell, Joseph Brooksbank, Michael Watts, Edward Richier,
John Norton, Ebenezer Jones, John IVhiting, John Willcocks, John
Bridges, Thomas Skinner, Benjamin Steell, Obediah Burnett, Joseph
Micklethwait, Elizabeth Miller, Benjamin Levy, Francis Minshall,
fjoseph Collier, Thomas Lewis, Jo. Bennet, John Booker, Benjamin
Nelson, James Wassee, Richard Harrison, John Jurin, Richard
Greenaway, Charles Mitchell, Francis Mitchell, Tracy Paunceford,
William Hamond, Ferdinando Holland, William Dockwra, Peter
Sonmans, Joseph Grimston, Charles Ormston, Edward Antill,
George Wi Hocks, Francis Handcock, Thomas Barker, Thomas
Cooper, Robert Burnet, Miles Forster, John Johnstone, David Lyell,
Michael Hawdon, Thomas Warne, Thomas Gordon, John Barclay,
Clement Plumstead, Gilbert Mollison, and Richard Hasel, the pres-
ent Proprietors thereof, and they also have claimed, by virtue of the
said Letters Patents and mean conveyances to exercise within the said
Provinces for the governing the inhabitants thereof, all the powers
and authorities for government granted by the said Letters Patents
2588 New Jersey— 1702
to the said Duke and his heirs and assigns; but her Majesty hath
been advised, that they have no right nor can legally execute any of
the said powers, but that it belongeth to her Majesty in right of her
Crown of England to constitute Governors of the said Provinces,
and to give directions for governing of the inhabitants thereof, as
her Majesty shall think fit. And the said Proprietors being desirous
to submit themselves to her Majesty, are willing to surrender all
their pretences to the .said powers of government, to the intent her
Majesty may be pleased to constitute a Governor or Governors of
the same Provinces, with such powers, privileges and authorities for
the government thereof, and making of such laws there with the con-
sent of the Assembly of the said Provinces, and her Majesty's subse-
quent approbation thereof, as her Majesty in her great wisdom shall
think fit and convenient. We therefore the said Sir Thomas Lane,
Paul Dominique, Robert Mitchell, Joseph Brooksbanke, Machael
Watts, Ed. Eichier, John Norton, Ebenezer Jones, John Whiting,
Clement Plumstead, John Wilcocks, John Bridges, Thomas Skinner,
Benjamin Steele, Obadiah Burnet, Joseph Michlethwait, Elizabeth
Miller, Benjamin Levy, Francis Minshall, Joseph Collier, Thomas
Lewes, Jo. Bennet, John Booker, Benjamin Nelson, James Wasse,
Richard Harrison, John Jurin, Richard Greenaway, Charles Mitchell,
Francis Mitchell, Tracy Paunceford, William Hamond, Ferdinando
Holland, William Docw^ra, Peter Sonmans, Joseph Grinston, Charles
Ormston, Edward Anthill, George Wilcoks, Francis Hancock,
Thomas Barker, Thomas Cooper, Robert Burnett, Miles Forster,
John Johnston, David Lyell, Michael Hawdon, Thomas Warne,
Thomas Gordon, John Barclay, Gilbert Molleson, and Richard
Hasell, &c. the present Proprietors of the said Provinces of East Jer-
sey, and West Jersey, for the consideration and to the intent afore-
said, have surrendered and yielded up, and by these presents for us
and our heirs, do surrender and yield up unto our Sovereign Lady
ANNE by the grace of God Queen of England, Scotland, France,
and Ireland, Defender of the Faith, &c. her heirs and successors, all
these the said powers and authorities to correct, punish, pardon, gov-
ern and rule all or any of her Majesty's subjects or others, who now
are or inhabit or hereafter shall adventure into or inhabit within the
said Provinces of East Jersey, and West Jersey, or either of them;
and also to nominate, make, constitute, ordain and confirm any laws,
orders, ordinances and directions and instruments for those purposes
or any of them; and to nominate, constitute or appoint, revoke, dis-
charge, change or alter any Governor or Governors, officers or min-
isters which are or shall be appointed, made or used within the said
Provinces or either of them ; and to make, ordain and establish any
orders, laws, directions, instruments, forms or ceremonies of govern-
ment and magistracy, for or concerning the government of the Prov-
inces aforesaid or either of them, or on the sea in going and coming
to or from thence, or to put in execution, or abrogate, revoke or
change such as are already made for or concerning such government,
or any of them; and also all those the said powers and authorities
to use and exercise martial law in the places aforesaid, or either of
them, and to admit any person or persons to trade or traffick there,
and of encountering, repelling and resisting by force of arms any
person or persons attempting to inhabit there without the licence of
us the said Proprietors, our heirs and assigns, and all other tlie
New Jersey— 1702
2589
powers, authorities and privileges of or concerning the government
of the Provinces aforesaid, or either of them to the inhabitants
thereof, which were granted or mentioned to be granted by the said
recited Letters Patents, and every of them. In witness whereof the
persons above named have hereunto set their hands and seals this
fifteenth day of April, in the year of our Lord one thousand seven
hundred and two, and in the first 3^ear of her Majesty's reign.
For the Eastern Division
L. Morris, in behalf of Robert
Burnett,
Miles Forster,
John Johnstone,
Michael Hawdon,
John Barclay,
David Lyell,
Thomas Warne,
Thomas Gordon,
Thomas Barker,
Thomas Cooper,
Gilbert Mollison,
Henry Adderly, for Richard
Hasel of Barbados.
William Dockwra,
Peter Sonmans,
Joseph Ormston, for myself, and
as proxy for Charles Ormston,
Edward Anthill, and George
Willocks, and Representative
of Francis Hancock,
Thomas Lane,
Paul Dominique,
Robert Mitchell,
Joseph Brooksbank,
E. Richier,
Michael Watts,
Clement Plumstead.
For the Western Division
Benjamin Nellson,
James Wasse,
Richard Harrison,
John Jurin,
Richard Greenaway,
Charles Michell,
Francis Michell,
Francis Paunceford,
Wm. Hamond,
Ferd. Holland,
Elizabeth Miller,
Benjamin Levy,
Francis Minshall,
Joseph Collin,
Thomas Lewis,
Jo. Bennet,
John Booker,
John Whiting,
elohn Wilcocks,
John Bridges,
Thomas Skinner,
Benjamin Steel,
Obadiah Burnett,
Jos. Micklethwait,
Thomas Lamb,
Paul Dominique,
Robert Michell,
Jos. Brooksbanks,
Michael Watts,
E. Richier,
John Norton,
Eben. Jones.
Sealed and delivered by Thomas Lane, Paul Domininque, Robert
Mitchell, Joseph Brooksbanks, Michael Watts, P^dward Richier, John
Norton, Ebenezer Jones, John Whiting, John Willcocks, John
Bridges, Thomas Skinner, Benjamin Steel, Obadiah Burnett, Joseph
Micklethwait, Elizabeth Miller, Benjamin Levy, Francis Minshall,
Joseph Collier, Thomas Lewis, John Bennett, John Booker, Benja-
min Nelson, James Wasse, Richard Harrison, John Jurin, Richard
Greenaway, Charles Mitchell, Francis Mitchell, Tracy Pauncefort,
William Hamond, P>rdinando Holland. And for the interest the
2590 New Jersey— 1712
Proprietors of West Jersey, have in East Jersey, Thomas Lane, Paul
Dominique, Robert Mitchel, Joseph Brooksbank, Edward Richier and
Michael Watts.
Sealed and delivered by the aforesaid persons in the presence of us.
L. Morris,
Jonathan Greenwood,
Sealed and delivered by William Docwra, Peter Sonmans, Joseph
Ormston, Thomas Barker and Thomas Cooper, Proprietors of East
Jersey, in the presence of us.
Richard Bouts,
Nathaniel Welch,
Sealed and delivered by Gilbert Mollesson, in presence of us.
Daniel Wild,
Gilbert Falconer.
Sealed and delivered by Clement Plumstead, in presence of us.
John Askew,
Samuel Hannington.
Sealed and delivered by Henry Adderly, in presence of us.
John Blackall,
'Thomas Cage,
Sealed and delivered by Lewis Morris, in presence of
Aug. Graham,
Richard Bibby.
I do hereby certify that this is a true copy from the books in the
plantation office.
Whitehall, January 17, 1752.
Samuel Gellibrand, D. Secretary.
CHARLES II'S GRANT OF NEW ENGLAND TO THE DUKE OF YORK,
1676— EXEMPLIFIED BY aUEEN ANNE, 1712 «
Anne, by the grace of God, of Great Britain, France and Ireland,
Queen, Defender of the Faith, &c. To all to whom these our pres-
ent letters shall come greeting: Know ye, that among the records
remaining in our Secretary's Office of our Province of New York, in
America, at our fort at New York, We have inspected certain Let-
ters Patents granted unto his late Royal Hiness James, Duke of
Y^ork, deceased, which followeth in these w^ords.
Charles the Second, by the grace of God King of England, Scot-
land, France and Ireland, Defender of the Faith, &c. To all to
whom these presents shall come greeting: Know ye, that we for
divers good causes and considerations us thereunto moving, have of
our especial grace, certain knowledge, and meer "Vnotion, given and
granted, and by these presents for us, our heirs and successors, do
give and grant unto our dearest brother James, Duke of York, his
heirs and assigns, all that part of the main land of New England,
beginning at a certain place called or known by the name of St.
Croix, next adjoining to New Scotland in America ; and from thence
extending along the sea coast unto a certain place called Petuaquine
o Verified by " Grants and Concessions of New Jersey," Learning & Spicer.
2d Ed. pp. 3-8.
New Jersey— 1712 2591
or Pemaquid, and so up the river thereof to the farthest head of the
same as it tendeth northward ; and extending from thence to the river
of Kenebeqiie, and so upwards by the shortest course to the river of
Canada northward. And also all that Island or Islands, commonly
called by the several name or names of Matowacks or Long Island,
scituate, lying and being towards the west of Cape Codd and the
Narrow Higansetts, abutting upon the main land between the two
rivers there, called or known by the several names of Conecticut or
Hudsons river; together also with the said river called Hudsons
river, and all the lands from the west side of Conecticut, to the east
side of Delaware Bay. And also all those several islands called or
known by the names of Martin's Vineyard and Nantukes or other-
wise Nantukett; together with all the lands, islands, soiles, rivers,
harbours, mines, mmerals, quarries, woods, marshes waters, lakes,
fishings, hawkings, huntings and fowling; and all other royalt3^'s,
profits, commodities and hereditaments to said several islands, lands
and premises belonging and appertaining, with their and every of
their apurtenances ; and all our estate, right, title, interest, benefit,
advantage, claim and demand of, in or to the said lands and premises,
or any part or parcel thereof, and the reversion and reversions,
remainder and remainders; together with the yearly and other the
rents, revenues and profits of all and singular the said premises, and
of every part and parcel thereof ; to have and to hold all and singular
the said lands, islands, heriditaments, and premisses, with their and
every of their appurtenances, hereby given and granted, or herein
before mentioned to be given and granted unto our dearest brother
•James Duke of York, his heirs and assigns forever; to the only
proper use and behoof of the said James Duke of York, his heirs and
assigns forever ; to be holden of us, our heirs and successors, as of our
mannor of East Greenwich in our County of Kent, in free and com-
mon soccage, and not in capitie, nor by night service yielding and ren-
dering. And the said James Duke of York, doth for himself, his
heirs and assigns, covenant and promise to yield and render unto our
heirs and successors^ of and for the same and every year, forty beaver
skins when they shall be demanded, or within ninety days after.
And Ave do further of our special grace, certain knowledge and meer
motion, for us, our heirs and successors, give and grant unto our said
dearest brother James Duke of York, his heirs, deputies, agents, com-
missioners and assigns, by these presents, full and absolute power and
authority to correct, punish, pardon, govern and rule all such the sub-
jects of us, our heirs and successors, as shall from time to time adven-
ture themselves into any the parts or places aforesaid ; or that shall or
do at any time hereafter inhabit Avithin the same, according to such
laws, orders, ordinances, directions and instruments as by our said
dearest brother, or his assigns, shall be established; and in defect
thereof, in case of necessity, according to the good discretions of his
deputy's, commissioners, officers or assigns respectively ; as well in all
causes and matters capital and criminal, as civil both marine and
others; so always as the said statutes, ordinances and proceedings be
not contrary to, but as near as conveniently may be, agreeable to the
laAvs, statutes and government of this our realm of England; and
saving and reserving to us, our heirs and successors, the receiving,
hearing, and determining of the appeal and appeals of all or any
person or persons of, in or belonging to the territories or islands
2592 New Jersey— 1712
aforesaid, in or touching anj^ judgment or sentence to be there made
or given. And further, that it shall and may be lawful to and for our
said dearest brother, his heirs and assigns, by these presents from
time to time, to nominate, make, constitute, ordain and confirm, by
such name or names, stile or stiles, as to him or them shall seem good,
and likewise to revoke discharge, change and alter as Avell all and
singular governor's, officers and ministers which hereafter sliall be
by him or them thought fit and needful to be made or used within
the aforesaid parts and islands : And also to make, ordain and estab-
lish all manner of orders, laws, directions, instructions, forms and
ceremonies of government and magistracy fit and necessary for and
concerning the government of the territories and islands aforesaid;
so always that the same be not contrary to the laws and statutes of
this our realm of England, but as near as may be agreeable thereunto ;
and the same at all times hereafter to put in execution or abrogate,
revoke or change, not only within the precincts of the said terri-
tories or islands, but also upon the seas in going and coming to and
from the same, as he or they in their good discretions shall think to
be fitest for the good of the adventurers and inhabitants there. And
we do further of our special grace, certain knowledge, and nieer
motion, grant, ordain and declare, that such governors, officers, and
ministers as from time to time shall be authorized and appointed in
manner and form aforesaid, shall and may have full power and
authority to use and exercise marshall law in cases of rebellion, insur-
rection and mutiny, in as large and ample manner as our lieutenants
in our counties wifhin our realm of England have or ought to have,
by force of their commission of lieutenancy, or any law or statute of
this our realm. And we do further by these presents, for us, our
heirs and successors, grant unto our said dearest brother James Duke
of York, his heirs and assigns, that it shall and may be lawful to and
for the said James Duke of York, his heirs and assigns, in his or
their discretion from time to time, to admit such and so many person
or persons to trade and traffique unto and within the said territories
and islands aforesaid, and into every or any joart and parcel thereof;
and to have, possess and enjoy any lands or hereditaments in the parts
and places aforesaid, as they shall think fit, according to the laws,
orders, constitutions and ordinances by our said brother, his heirs,
deputies, commissioners and assigns from time to time to be made
and established by virtue of, and according to the true intent and
meaning of these presents; and under such conditions, preservations
and agreements as our said brother, his heirs or assigns shall set down,
order, direct and appoint and not otherwise as aforesaid. And we
do further of our especial grace, certain knowledge, and meer motion
for us, our heirs and successors, give and grant unto our said dearest
brother, his heirs and assigns, by these presents, that it shall and
may be law^ful to and for him, them or any of them, at all and every
time and times hereafter, out of any our realms or dominions what-
soever, to take, lead, carry and transport in and into their voyages,
and for and towards the plantations of our said territories and
islands, all such and so many of our loving subjects, or any other
strangers, being not prohibited o^ under restraint, that wnll become
our loving subjects and live under our allegiance, as shall willingly
accompany them in the said voyages; together Avith all such cloath-
ing, implements, furniture and other things usually transported, and
New Jersey— 1712 2593
not prohibited, as shall be necessary for the inhabitants of the said
islands and territories, and for their use and defence thereof, and
managing and carrying on the trade with the people there; and in
passing and returning to and fro, yielding and paying to us, our
heirs and successors, the customs and duties therefor due and pay-
able, according to the laws and customs of this our realm. And we
do also for us, our heirs and successors, grant to our said dearest
brother James Duke of York, his heirs and assigns, and to all and
every such governor or governors, or other officers or ministers as
by our said brother, his heirs or assigns, shall be appointed ; to have
power and authority of government and connnand in or over the
inhabitants of the said territories or islands, that they and every of
them shall and lawfully may from time to time, and at all times
hereafter for ever, for their several defence and safety, encoimter,
expulse, repell, and resist, by force of arms as well by sea as by land,
and all ways and means whatsoever, all such person and persons as
without the special license of our said dearest brother, his heirs and
assigns, shall attempt to inhabit within the several precincts and
limits of our said territories and islands. And also, all and every
such person and persons Avhatsoever, as shall enterprize or attempt at
any time hereafter the destruction, invasion, detriment or annoyance
to the parts, places or islands aforesaid or any part thereof. And
lastly, our will and pleasure is, and we do hereby declare and grant,
that these our letters patents, or the inrollment thereof, shall be good
and effectual in the law^ to all intents and purposes whatsoever, not-
withstanding the not reciting or mentioning of the premises or any
part thereof, or the meets or bounds thereof, or of any former or other
letters patents or grants heretofore made or granted of the premises,
or of any part thereof, by us or of any of our progenitors, unto any
other person or persons whatsoever, bodies politick or corporate, or
any act, law or other restraint, incertainty, or imperfection Avhatso-
ever to the contrary in any wise notwithstanding; altho' express men-
tion of the yearly value or certainty of the premises, or any of them,
or of any other gifts or grants by us, or by any of our progenitors or
predecessors heretofore made to the said James Duke of York, in
these presents is not made, or any statute, act, ordinance, provision,
proclamation or restriction, heretofore had, made, enacted, ordained
or provided, or any other matter, cause or thing whatsoever to the
contrary thereof in any wise notwithstanding. In witness whereof
we have caused these our letters to be made patent. Witness ourself
at Westminster, the twelfth day of March, in the sixteenth year of
our reign. By the King, Howard.
All which by the tennor of these presents we have caused to be
exemplyfied. In testimony whereof we have caused our seal of our
said Province of New York to be hereunto affixed. WITNESS our
trusty and well beloved Ivobert Hunter, Esq.; our Captain General
and Governor in Chief of our Provinces of New York, New Jersey
and Territories thereon depending in America, and Vice Admiral
of the same, and at our Fort at New York, this thirtieth day of
October, in the tenth year of our reign.
H. WiLEMAN, Dep. Scrij.
2594 New Jersey— 1776
CONSTITUTION OF NEW JERSEY— 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; allegiance and protection are,
in the nature of things, reciprocal ties, each equally depending upon
the other, and liable to be dissolved by the others being refused or
withdrawn. And whereas George the Third, king of Great Britain,
has refused protection to the good people of these colonies; and, by
assenting to sundry acts of the British parliament, attempted to sub-
ject them to the absolute dominion of that body ; and has also made
war upon them, in the most cruel and unnatural manner, for no other
cause, than asserting their just rights — all civil authority under him
is necessarily at an end, and a dissolution of government in each
colony has consequently taken place.
And whereas, in the present deplorable situation of these colonies,
exposed to the fury of a cruel and relentless enemy, some form of gov-
ernment 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 continental congress, the supreme council of the
American colonies, has advised such of the colonies as have not yet
gone into measures, to adopt for themselves, respectively, such gov-
ernment as shall best conduce to their own happiness and safety, and
* yerified from " Acts of the General Assembly of New Jersey, compiled by
Peter Wilson, Trenton, MDCCCLXXXIV." pp. III-X
See, also Extracts from the Journal of Proceedings of the Provincial Con-
gress of New Jersey. Held at Trenton in the months of ]May, June and
August, 1775. Published by order, Burlington : Printed and sold by Isaac Col-
lins M.DCC.LXXV. Woodbury, N. J. Reprinted by order. Joseph Sailer,
Printer, 1835. pp. 241.
Journal of the Votes and Proceedings of the Convention of New Jersey.
Begun at Burlington the Tenth of June 177G, and thence continued by Adjourn-
ment at Trenton and New Brunswick, to the Twenty-first of August following.
To which is annexed, Sundry Ordinances, and the Constitution. Published by
order. Burlington : Printed and sold by Isaac Collins, M.DCC.LXXVI. Tren-
ton: Reprinted by order. Joseph Justice, Printer. 1831.
* These grants embraced all the lands from the west side of the Connecticut
River to the east side of Delaware Bay.
t This grant w^as made by the Duke of York to Lord John Berkeley and Sir
George Carteret, two months before the expedition which he had fitted out had
taken possession of the territory, now the State of New Jersey, which had been
settled by the Dutch colonists of the New Netherlands.
t These " concessions," amended at different times, were the organic law of
the provinces of New Jersey, East Jersey, and West Jersey, \intil the proprie-
tors and their successors surrendered their rights to the Crown in 1702. The
reunited province of New Jersey was thenceforth governed by royal governors,
the people ever insisting upon their rights as established in the " concessions,"
until the Revolution.
o This constitution was framed by a convention which assembled in accordance
with the recommendation of the Continental Congress that the people of the
colonies should form independent State governments, and which was in session,
with closed doors, successively, at Burlington. Trenton, and New Brunswick,
from May 20, 1776, until July 2, 1776, with intermissions. It was not submitted
to the people, but its publication was ordered by the convention. July 3, 1776.
&The legislature of New Jersey amended this constitution September 20, 1777,
by substituting the words " State " and " States " for *' colony " and " colonies."
New Jersey— 1776 2595
the well-being of America in general : — We, the representatives of the
colony of New Jersey, having been elected by all the counties, in the
freest manner, and in congress assembled, have, after mature delib-
erations, agreed upon a set of charter rights and the form of a Consti-
tution, in manner following, viz.
I. That the government of this Province shall be vested in a Gov-
ernor, Legislative Council, and (xeneral Assembly.
II. That the Legislative Council, and General Assembly, shall be
chosen, for the first time, on the second Tuesday in August next; the
members whereof shall be the same in number and qualifications as
are herein after mentioned; and shall be and remain vested with all
the powers and authority to be held by any future Legislative Council
and Assembly of this Colony, until the second Tuesday in October,
which shall be in the year of our Lord one thousand seven hundred
and seventy-seven.
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 Avhole 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 j^ear next before the election, an inhabitant of the county he
is to represent, and worth five hundred pounds proclamation money, in
real and personal estate, in the same county : that on the second Tues-
day next after the day of election, the Council and Assembly shall
separately meet ; and that the consent of both Houses shall be neces-
sary to every law ; provided, that seven shall be a quorum of the Coun-
cil, for doing business, and that no law shall pass, unless there be a
majority of all the Representatives of each body personally present,
and agreeing thereto. Provided always, that if a majority of the rep-
resentatives of this Province, in Council and General Assembly con-
vened, shall, at any time or times hereafter, judge it equitable and
proper, to add to or diminish the number or proportion of the mem-
bers of Assembly for any county or counties in this Colony, then, and
in such case, the same may, on the principles of more equal representa-
tion, be lawfully done; anything in this Charter to the contrary not-
withstanding: so that the whole number of Representatives in Assem-
bly shall not, at any time, be less than thirty-nme.
IV. That all inhabitants of this Colony, of full age, who are worth
fifty pounds proclamation money, clear estate in the same, and have
resided within the county in which they claim a vote for twelve
months immediately preceding the election, shall be entitled to vote
for Representatives in Council and Assembly; and also for all other
ublic officers, that shall be elected by the people of the county at
arge.
V. That the Assembly, when met, shall have power to choose a
Speaker, and other their officers; to be judges of the qualifications and
elections of their own members; sit upon their own adjournments;
prepare bills, to be passed into laws ; and to empower their Speaker to
7254— VOL 5—09 5
I
2596 New Jersey— 1776
convene them, whenever any extraordinary occurrence shall render it
necessary.
VI. That the Council shall also have power to prepare bills to pass
into laws, and have other like powers as the Assembly, and in .all
respects be a free and independent branch of the Legislature of this
Colony; save only, that they shall not prepare or alter any money
Ijill — which shall be the privilege of the Assembly; that the Council
shall, from time to time, be convened by the Governor or Vice-Presi-
dent, 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 themselves 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-President of
the Council, shall have the supreme executive power, be Chancellor
of the Colony, and act as captain-general and commander in chief
of all the militia, and other military force in this Colony; and that
any three or more of the Council shall^ at all times, be a privy-council,
to consult them ; and that the Governor be ordinary or surrogate-
general.
IX. That the Governor and Council, (seven whereof shall be a
quorum) be the Court of iVppeals, in the last resort, in all clauses of
law, as heretofore ; and that they possess the power of granting par-
dons to criminals, after condemnation, in all cases of treason, felony,
or other offences.
X. That captains, and all other inferior officers of the militia, shall
be chosen by the companies, in the respective counties; but field and
general officers, by the Council and Assembly.
XI. That the Council and Assembly shall have power to make the
Great Seal of this Colony, which shall be kept by the Governor, or,
in his absence, by the Vice-President of the Council, to be used by
them as occasion may require : and it shall be called. The Great Seal
of the Colony of New-Jersey.
XII. That the Judges of the Supreme Court shall continue in office
for seven years : the Judges of the Inferior Court of Common Pleas
in the several counties, Justices of the Peace, Clerks of the Supreme
Court, Clerks of the Inferior Court of Common Pleas and Quarter
Sessions, the Attorney-General, and Provincial Secretary, shall con-
tinue in office for five years : and the Provincial Treasurer shall con-
tinue in office for one year ; and that they shall be severally appointed
by the Council and Assembly, in manner aforesaid, and commissioned
by the Governor, or, in his absence, the Vice-President of the Council.
Provided always, that the said officers, severally, shall be capable of
being re-appointed, at the end of the terms seA^erally before limited ;
and that an}^ of the said officers shall be liable to be dismissed, when
adjudged guilty of misbehaviour, by the Council, on an impeachment
of the Assembly.
New Jersey— 1776 2597
XIII. That the inhabitants of each county, qualified to vote as
aforesaid, shall at the time and place of electing their Representa-
tives, annually elect one Sheriff, and one or more Coroners; and that
they may re-elect the same person to such offices, until he shall have
served three years, but no longer; after which, three years must
elapse before the same person is capable of being elected again.
When the election is certified to the Governor, or Vice-President,
under the hands of six freeholders of the county for which they were
elected, they shall be immediately commissioned to serve in their re-
spective offices.
XIV. That the townships, at their annual town meetings for elect-
ing 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, relative to unjust assessments,
in cases of public taxation ; wlych commissioners of appeal shall, for
that purpose, sit at some suitable time or times, to be by them ap-
pointed, and made known to the people by advertisements.
XV. That the laws of the Colony shall begin in the following
style, viz. " Be it enacted by the Council and General Assembly of
this Colony, and it is hereby enacted by authority of the same : "
that all commissions, granted by the Governor or Vice-President,
shall run thus — " The Colony of New- Jersey to X. B. &c. greeting: "
and that all writs shall likewise run in the name of the Colony : and
that all indictments shall conclude in the following manner, viz.
"Against the peace of this Colony, the government and dignity of
the same."
XVI. That all criminals shall be admitted to the same privileges
of witnesses and counsel, as their prosecutors are or shall be enti-
tled 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 in anywise
forfeited, on account of such misfortune.
XVIII. That no person shall ever, within this Colony, be deprived
of the inestinuible privilege of worshipping Almighty God in a
manner agreeable to the dictates of his OAvn conscience; nor, imder
any pretence whatever, be compelled to attend any place of worship,
contrary to his own faith and judgment; nor shall any person, within
this Colony, ever be obliged to pay tithes, taxes, or any other rates,
for the purpose of building or repairing any other church or churches,
place or places of worship, or for the maintenance of any minister
or ministry, contrary to what he believes to be right, or has deliber-
ately or voluntarily engaged himself to perform.
XIX. That there shall be no establishment of any one religious
sect in this Province, in preference to another ; and that no Protestant
inhabitant of this Colony shall be denied the enjoyment of any civil
right, merely on account of his religious principles; but that all
persons, professing a belief in the faith of any Protestant sect, who
shall demean themselves peaceably under the government, as hereby
stablished, shall be capable of being elected into any office of profit
2598 New Jersey— 1776
or trust, or being a membeiM^ either branch of the Legislature, and
shall fully aiid-fredynenjoy eV^ry privilege and immunity, enjoyed
by others th^r fellow subjects. )
XX. That the legislative- department of this government may, as
much as possible, be preserved from all suspicion of corrujition, 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 govern-
ment, other than Justices of the Peace, shall be entitled to a seat in
the Assembly : but that, on his being elected, and taking his seat, his
office or post shall be considered as vacant.
XXI. That all the laws of this Province, contained in the edition
lately published by Mr. Allinsoh, shall be and remain in full force,
until altered by the Legislature of this Colony (such only excepted,
as are incompatible with this Charter) and shall be, according as
heretofore, regarded in all respects, by all civil officers, and others,
the good people of this Province.
XXII. That the common law of England, as well as so much of
the statute law, as have been heretofore practised in this Colony,
shall still remain in force, until they shall be altered by a future law
of the Legislature ; such parts only excepted, as are repugnant to the
rights and privileges contained in this Charter; and that the inesti-
mable right of trial by jury shall remain confirmed as a part of the
law of this Colony, without repeal, forever.
XXIII. That every person, Avho shall be elected as aforesaid to
be a member of the Legislative Council, or House of Assembh% shall,
previous to his taking his seat in Council or Assembly, take the fol-
lowing oath or affirmation, viz:
"I, A. B.^ do solemnly declare, that, as a member of the Legisla-
tive Council, [or Assembly^ as the case may &e,] of the Colony of
Ne^v-Jersey, I will not assent to any law, vote or proceeding, which
shall appear to me injurious to the public welfare of said Colony, nor
that shall annul or repeal that part of the third section in the Charter
of this Colony, which establishes, that the elections of members of
the Legislative Council and Assembly shall be annual ; nor that part
of the twenty-second section in said Charter, respecting the trial by
jury, nor that shall annul, repeal, or alter any part or parts of the
eighteenth or nineteenth sections of the same."
And any person or persons, wdio shall be elected as aforesaid, is
hereby empowered to administer to the said members the said oath or
affirmation.
Provided always, and it is the true intent and meaning of this
Congress, that if a reconciliation between Great-Britain and these
Colonies should take place, and the latter be taken again under the
protection and government of the crown of Britain, this Charter
shall be null and void — otherwise to remain firm and inviolable.
In Provincial Congress, New Jersey,
Burlington, July 2, 1776.
By order of Congress.
Samuel Tucker, Pres.
William Patterson, Secretary.
I
New Jersey— 18U . 2599
CONSTITUTION OF NEW JERSEY— 1844 * «
We, the people of the State of New Jersey, grateful to Almighty
God for the civil and religious liberty which He hath so long per-
mitted us to enjoy, and looking to Him for a blessing upon our en-
deavors to secure and transmit the same unimpaired to succeeding
generations, do ordain and establish this Constitution :
Article I
RIGHTS AND PRIVILEGES
1. All men are by nature free and independent, and have certain
natural and inalienable rights, among which are those of enjoying
and defending life and liberty ; acquiring, possessing and protecting
property, and of pursuing and obtaining safety and happiness.
2. All political power is inherent in the people. Government
is instituted for the protection, security and benefit of the people,
and they have the right at all times to alter or reform^ the same,
whenever the public good may require it.
3. No person shall be deprived of the inestimable privilege of
worshiping Almighty God in a manner agreeable to the dictates
of his own conscience ; nor, under any pretence whatever, to be com-
pelled to attend any place of worship contrary to his faith and judg-
ment; nor shall any person be obliged to pay tithes, taxes or other
rates for building or repairing any church or churches, place or places
of worship, or for the maintenance of any minister or ministry, con-
trary to what he believes to be right, or has deliberately and volun-
tarily engaged to perform.
4. There shall be no establishment of one religious sect in prefer-
ence to another; no religious test shall be required as a qualification
for any office or public trust; and no person shall be denied the enjoy-
ment of any civil right merely on account of his religious principles.
5. Every person may freely speak, write and publish his sentiments
on all subjects, being responsible for the abuse of that right. No law
shall be passed to restrain or abridge the liberty of speech or of the
press. In all prosecutions or indictments for libel, the truth may
be given in evidence to the jury; and if it shall appear to the jury
that the matter charged as libelous is true, and was published with
good motives and for justifiable ends, the party shall be acquitted;
and the jury shall have the right to determine the law and the fact.
6. The right of the people to be secure in their persons, houses,
* Verified from " The Constitution of the State of New Jersey. Trenton, N. J.
MaeCrellish & Quigley, State Printers. 1J)06." 32 pp. Official edition.
« This constitution agreed iii)on by the delegates of the people of New Jersey,
in convention begun at Trenton on the fourteenth day of May, and continued
to the twenty-ninth day of June, in the year of our Lord one thousand eight
hundred and forty-four, ratified by the people at an election held on the thir-
teenth day of August, A. D. 1844, and amended at a special election held on
the seventh day of Sei)tember, A. D. 1875, and at another special election held
on the twenty-eighth day of September, A. D. 1897. See Appendix.
2600 New Jersey— 18 U
papers and effects, against unreasonable searches and seizures, shall
not be violated ; and no warrant shall issue but upon probable cause,
supported by oath or affirmation, and particulary describing the place
to be searched and the papers and things to be seized.
7. The right of a trial by jury shall remain inviolate; but the
legislature may authorize the trial of civil suits, when a matter in dis-
pute does not exceed fifty dollars, by a jury of six men.
8. In all criminal prosecutions the accused shall have the right to
a speedy and public trial by an impartial jury; to be informed of the
nature and cause of the accusation; to be confronted with the wit-
nesses against him; to have compulsory process for obtaining wit-
nesses in his favor,- and to have the assistance of counsel in his
defense.
9. No person shall be held to answer for a criminal offense, unless
on the presentment or indictment of a grand jury, except in cases
of impeachment, or in cases cognizable by justices of the peace, or
arising in the army or navy ; or in the militia, when in actual service
in time of war or public danger.
10. No person shall, after acquittal, be tried for the same offense.
All persons shall, before conviction, be bailable by sufficient sureties,
except for capital offenses, when the proof is evident or presumption
great.
11. The privilege of the writ of habeas corpus shall not be sus-
pended, unless in case of rebellion or invasion the public safety may
require it.
12. The military shall be in strict subordination to the civil power.
13. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner; nor in time of war, except in a
manner prescribed by law.
14. Treason against the State 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 on confession in open court.
15. Excessive bail shall not be required, excessive fines shall not be
imposed, and cruel and unusual punishments shall not be inflicted.
16. Private property shall not be taken for public use w^ithout just
compensation ; but land may be taken for public highways as hereto-
fore, until the legislature shall direct compensation to be made.
17. No person shall be imprisoned for debt in any action, or on
any judgment founded upon contract, unless in cases of fraud; nor
shall any person be imprisoned for a militia fine in time of peace.
18. The people have the right freely to assemble together to consult
for the common good, to make known their opinions to their repre-
sentatives, and to petition for redress of grievances.
19. No county, city, borough, town, township or village shall here-
after give any money or property, or loan its money or credit, to or
in aid of any individual association or corporation, or become security
for or be directly or indirectly the owner of any stocks or bonds of
any association or corporation.
20. No donation of land or appropriation of money shall be, made
by the State or any municipal corporation to or for the use of any
society, association or corporation whatever.
21. This enumeration of rights and privileges shall not be con-
strued to impair or deny others retained by the people.
New Jersey— 1844 2601
Article II
RIGHT OF SUFFRAGE
1. Every male citizen of the United States, of the age of twenty-
one years, who shall have been a resident of this State one year, and
of the county in which he claims his vote five months, next before the
election, shall be entitled to vote for all officers that now are, or here-
after may be, elective by the people; provided^ that no person in the
military, naval or marine service of the United States shall be con-
sidered a resident in this State, by being stationed in any garrison,
barrack, or military or naval place or station within this State; and
no pauper, idiot, insane person, or person convicted of a crime which
now excludes him from being a witness unless pardoned or restored
by law to the right of suffrage, shall enjoy the right of an elector;
and prooided further^ that in time of war no elector in the actual
military service of the State, or of the United States, in the army or
navy thereof, shall be deprived of his vote by reason of his absence
from such election district; and the legislature shall have power to
provide the manner in which, and the time and place at which, such
absent electors may vote, and for the return and canvass of their
votes in the election districts in which they respectively reside.
2. The legislature may pass laws to deprive persons of the right of
suffrage who shall be convicted of bribery.
•
Article III
DISTRIBUTION OF THE PO AVERS OF GOVERNMENT
1. The powers of the government shall be divided into three dis-
tinct departments — the legislative, executive and judicial; and no per-
son or persons belonging to, or constituting one of these departments,
shall exercise any of the powers properly belonging to either of the
others, except as herein expressly provided.
Article IV
LEGISLATIVE
SECTION I
1. The legislative power shall be vested in a senate and general
assembly.
2. No person shall be a member of the senate who shall not have
attained the age of thirty years, and have been a citizen and inhabi-
tant of the State for four years, and of the county for which he shall
be chosen one year, next before his election ; and no person shall be a
member of the general assembly who shall not have attained the age
of twenty-one years, and have been a citizen and inhabitant of the
State for two years, and of the county for which he shall be chosen
one year next before his election; provided^ that no person shall be
eligible as a member of either house of the legislature, who shall not
be entitled to the right of suffrage.
3. Members of the senate and general assembly shall be elected
yearly and every year, on the first Tuesday after the first Monday in
2602 New Jersey— 1844
November; and the two houses shall meet separately on the second
Tuesday in January next after the said day of election, at which time
of meeting the legislative year shall commence ; but the time of hold-
ing such election -may be altered by the legislature.
SECTION II
1. The senate shall be composed of one senator from each county in
the State, elected by the legal voters of the counties, respectively,* for
three years.
2. As soon as the senate shall meet after the first election to be held
in pursuance of this constitution, 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 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 class may be elected every
year; and if vacancies happen, by resignation or otherwise, the per-
sons elected to supply such vacancies shall be elected for the unex-
pired terms only.
SECTION III
1. The general assembly shall be composed of members annually
elected by the legal voters of the counties, respectively, who shall be
apportioned among the said counties as nearly as may be according to
the number of their inhabitants. The present apportionment shall
continue until the next census of the United States shall have been
taken, and an apportionment of members of the general assembly
shall be made by the legislature at its first session after the next and
every subsequent enumeration or census, and when made shall remain
unaltered until another enumeration shall have been taken; provided,
that each county shall at all times be entitled to one member; and
the whole number of members shall never exceed sixty.
SECTION IV
1. Each house shall direct writs of election for supplying vacancies,
occasioned by death, resignation, or otherwise ; but if vacancies occur
during the recess of the legislature, the writs may be issued by the
governor, under such regulations as may be prescribed by law.
2. Each house shall be the judge of the elections, returns and quali-
fications 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.
eS. Each house shall choose its own officers, determine the rules of
its proceedings, punish its members for disorderly behavior, and, Avith
the concurrence of two-thirds, may expel a member.
4. Each house shall keep a journal of its proceedings, and from
time to time publish the same; and the yeas and nays of the mem-
bers of either house on any question shall, at the desire of one-fifth of
those present, be entered on the journal.
5. Neither house, during the session of the legislature, shall, with-
out 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.
New Jersey— 18U 2603
6. All bills" and joint resolutions shall be read three times in each
house, before the final passage thereof; and no bill or joint resolution
shall pass unless there be a majority of all the members of each body
personally present and agreeing thereto ; and the yeas and nays of the
members voting on such final passage shall be entered on the journal.
7. Members of the senate and general assembly shall receive annu-
ally the sum of five hundred dollars during the time for which they
shall have been elected and while they shall hold their office, and no
other allowance or emolument, directly or indirectly, for any pur-
pose whatever. The president of the senate and the speaker of the
house of assembly shall, in virtue of their offices, receive an addi-
tional compensation, equal to one-third of their allowance as members.
8. Members of the senate and general assembly shall, in all cases
except treason, felony and breach of the peace, be privileged from
arrest during their attendance at the sitting of their 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.
SECTION V
1. Xo member of the senate or general assembly shall, during the
time for which he was elected, be nominated or appointed by the
governor, or by the legislature in joint meeting, to any civil office
under the authority of this State which shall have been created, or
the emoluments whereof shall have been increased, during such time.
2. If any member of the senate or general assembly shall be elected
to represent this State in the senate or house of representatives of
the United States, and shall accept thereof, or shall accept of any
office or apj)ointment under the government of the United States, his
seat in the legislature of this State shall thereby be vacated.
8. No justice of the supreme court, nor judge of any other court,
sheriff, justice of the peace nor any person or persons possessed of any
office of profit under the government of this State, shall be entitled to
a seat either in the senate or in the general assembly; but, on being
elected and taking his seat, his office shall be considered vacant ; and
no person holding any office of profit under the government of the
United States shall be entitled to a seat in either house.
SECTION VI
1. All bills for raising revenue shall originate in the house of
assembly ; but the senate may propose or concur with amendments, as
on other bills.
2. No money shall be drawn from the treasury but for appropria-
tions made by law.
3. The credit of the State shall not be directly or indirectly loaned
in any case.
4. The legislature shall not, in any manner, create any debt or
debts, liability or liabilities, of the State which shall, singly or in the
aggregate with any previous debts or liabilities, at any time exceed
one hundred thousand dollars, except for purposes of war, or to repel
invasion, or to suppress insurrection, unless the same shall be author-
ized by a law for some single object or work, to be distinctly specified
therein; which law shall provide the ways and means, exclusive of
2604 New Jersey— 1844
loans, to pay the interest of such debt or liability as it falls due, and
also to pay and discharge the principal of such debt or liability
within thirty-five years from the time of the contracting thereof, and
shall be irrepealable until such debt or liability, and the interest
thereon, are fully paid and discharged; and no such law shall take
effect until it shall, at a general election, have been submitted to the
people, and have received the sanction of a majority of all the votes
cast for and against it at such election; and all money to be raised
by the authority of such law shall be applied only to the specific
object stated therein, and to the payment of the debt thereby created.
This section shall not be construed to refer to any money that has
been, or may be, deposited with this State by the government of the
United States.
SECTION VII
1. No divorce shall be granted by the legislature.
2. No lottery shall be authorized by the legislature or otherwise
in this State, and no ticket in any lottery shall be bought or sold
within this State, nor shall pool-selling, book-making or gambling of
any kind be authorized or allowed within this State, nor shall any
gambling device, practice or game of chance now prohibited by law
be legalized, or the remedy, penalty or punishment now provided
therefor be in any way diminished.
3. The legislature shall not pass any bill of attainder, ex po.st facto
law, or law^ impairing the obligation of contracts, or depriving a
party of any remedy for enforcing a contract Avhich existed when the
contract was made.
4. To avoid improper influences which may result from intermixing
in one and the same act such things as have no proper relation to each
other, every law shall embrace but one object, and that shall be
expressed in the title. No law shall be revived or amended by refer-
ence to its title only; but the act revived, or the section or sections
amended, shall be inserted at length. No general law shall embrace
any provision of a private, special or local character. No act shall
be passed which shall provide that any existing law, or any part
thereof, shall be made or deemed a part of the act, or which shall
enact that any existing law, or any part thereof, shall be applicable,
except by inserting it m such act.
5. The laws of this State shall begin in the following style : " Be it
enacted by the Senate and General Assembly of the State of New
Jersey."
6. The fund for the support of free schools, and all money, stock
and other property which may hereafter be appropriated for that
purpose, or received into the treasury under the provision of any law
heretofore passed to augment the said fund, shall be securely invested
and remain a perpetual fund; and the income thereof, except so
much as it may be judged expedient to apply to an increase of the
capital, shall be annually appropriated to the support of public free
schools, for the equal benefit of all the people of the State; and it
shall not be competent for the legislature to borrow, appropriate or
use the said fund, or any part thereof, for any other purpose, under
any pretense whatever. The legislature shall provide for the main-
tenance and support of a thorough and efficient system of free public
schools for the instruction of all the children in this State between
the ages of five and eighteen years.
New Jersey— 1844 2605
7. No private or special law shall be passed authorizing the sale of
any lands belonging in whole or in part to a minor or minors, or other
persons who may at the time be under any legal disability to act for
themselves.
8. Individuals or private corporations shall not be authorized to
take private property for public use, without just compensation first
made to the owners.
9. No private, special or local bill shall be passed unless public
notice of the intention to apply therefor, and of the general object
thereof, shall have been previously given. The legislature, at the
next session after the adoption hereof, and from time to time there-
after, shall prescribe the time and mode of giving such notice, the
evidence thereof, and how such evidence shall be preserved.
10. The legislature may vest in the circuit courts, or courts of com-
mon pleas within the several counties of this State, chancery powers,
so far as relates to the foreclosure of mortgages and sale of mort-
gaged premises.
11. The legislature shall not pass private, local or special laws in
any of the following enumerated cases ; that is to say :
Laying out, opening, altering and working roads or highways.
Vacating any road, town plot, street, alley or public grounds.
Regulating the internal affairs of towns and counties; appointing
local offices or commissions to regulate municipal affairs.
Selecting, drawing, summoning or empaneling grand or petit
jurors.
Creating, increasing or decreasing the percentage or allowance of
public officers during the term for which said officers were elected or
appointed.
Changing the law of descent.
(iranting to any corporation, association or individual any exclu-
sive privilege, immunity or franchise whatever.
Granting to any corporation, association or individual the right to
lay down railroad tracks.
Providing for changes of venue in civil or criminal cases.
Providing for the management and support of free public schools.
The legislature shall pass general laws providing for the cases
enumerated in this pariigi^iph, and for all other cases which, in its
judgment, may be provided for by general laws. The legislature
shall pass no special act conferring corporate powers, but they shall
pass general laws under which corporations may be organized and
corporate powers of every nature obtained, subject, nevertheless, to
repeal or alteration at the will of the legislature.
12. Property shall be assessed for taxes under general laws, and by
uniform rules, according to its true value.
SECTION VIII
1. Members of the legislature shall, before they enter on the dutias
of the their respective offices, take and subscribe the following oath
or affirmation :
" I do solemnl}^ swear [or affirm, as the case may be], that I will
support the constitution of the United States and the constitution of
the State of New Jersey, and that I will faithfully discharge the
duties of senator [or member of the general assembly, as the case may
be], according to the best of my ability."
2606 New Jersey— 18U
And members-elect of the senate or general assembly are hereb}^
empowered to administer to each other the said oath or affirmation.
2. Every officer of the legislature shall, before he enters upon his
duties, take and subscribe the following oath or affirmation : " I do
solemnly promise and swear [or affirm] that I will faithfully, impar-
tially and justly perform all the duties of the office of , to
the best of my ability and understanding; that I will carefully pre-
serve all records, papers, writings or property intrusted to me for
safe-keeping by virtue of my office, and make such disposition of the
same as may be required by law."
Article V
EXECUTIVE
1. The executive power shall be vested in a governor.
2. The governor shall be elected by the legal voters of this State.
The person having the highest number of votes shall be the governor ;
but if two or more shall be equal and highest in votes, one of them
shall be chosen governor by the vote of a majority of the members of
both houses in joint meeting. Contested elections for the office of
governor shall be determined in such manner as the legislature shall
direct by laAv. AVhen a governor is to be elected by the people, such
election shall be held at the time when and at the places where the
people shall respectively vote for members of the legislature.
3. The governor shall hold his office for three years, to commence
on the third Tuesday of January next ensuing the election for gov-
ernor by the people, and to end on the Monday preceding the third
Tuesday of January, three years thereafter; and he shall be incapable
of holding that office for three years next after his term of service
shall have expired ; and no appointment or nomination to office shall
be made by the governor during the last week of his said term.
4. The governor shall be not less than thirty years of age, and
shall have been for twenty years, at least, a citizen of the United
States, and a resident of this State seven years next before his elec-
tion, unless he shall have been absent during that time on the public
business of the United States or of this State.
5. The governor shall, at stated times, receive for his services a
compensation Avhich shall be neither increased nor diminished dui'ing
the period for which he shall have been elected.
6. He shall be the commander-in-chief of all the military and naval
forces of the State ; he shall have power to convene the legislature, or
the senate alone, whenever in his opinion public necessity requires it;
he shall communicate by message to the legislature at the opening of
each session, and at such other times as he may deem necessary, the
condition of the State, and recommend such measures as he may
deem expedient; he shall take care that the laws be faithfully exe-
cuted, and grant, under the great seal of the State, commissions to all
such officers as shall be required to be commissioned
7. Every bill which shall have passed both houses shall be pre-
sented 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 on their journal,
and proceed to reconsider it; if, after such reconsideration, a majority
New Jersey— 1844 2607
of the whole number 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 of by a majority of the
whole number of that house, it shall become a law; but in neither
house shall the vote be taken on the same day on which the bill shall
be returned to it ; and 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 governor,
within five days (Sunday excepted) after it shall have been pre-
sented 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. If any bill presented to
the governor contain several items of appropriations of money, he
may object to one or more of such items while approving of the other
portions of the bill. In such case he shall append to the bill, at the
time of signing it, a statement of the items to which he objects, and the
appropriation so objected to shall not take effect. If the legislature
be in session he shall transmit to the house in which the bill orig-
inated, a copy of such statement, and the items objected to shall be
separately reconsidered. If, on reconsideration, one or more of such
items be approved by a majority of the members elected to each house,
the same shall be a part of the law, notwithstanding the objections
of the governor. All the provisions of this section in relation to bills
not approved by the governor shall apply to cases in which he shall
withhold his approval from any item or items contained in a bill
appropriating money.
8. No member of congress, or person holding an office under the
United States, or this State, shall exercise the office of governor ; and
in case the governor, or person administering the government, shall
accept any office under the United States or this State, his office of
governor shall thereupon be vacant. Nor shall he be elected by the
legislature to any office under the government of this State or of the
United States, during the term for which he shall have been elected
governor.
0. The governor, or person administering the government, shall
have power to suspend the collection of fines and forfeitures, and to
grant reprieves, to extend until the expiration of a time not exceed-
ing ninety days after conviction; but this power shall not extend to
cases of impeachment.
10. The governor, or person administering the government, the
chancellor, and the six judges of the court of errors and appeals, or
a major part of them, of whom the governor, or person administering
the government, shall be one, may remit fines and forfeitures, and
grant pardons, after conviction, in all cases except impeachment.
11. The governor and all other civil officers under this State shall
be liable to impeachment for misdemeanor in office during their cbn-
tinuance in office, and for two years thereafter.
12. In case of the death, resignation or removal from office of the
governor, the powers, duties and emoluments of the office shall de-
volve upon the president of the senate, and in case of his death, resig-
nation or removal, then upon the speaker of the house of assembly, for
the time being, until another governor shall be elected and qualified ;
but in such case another governor shall be chosen at the next election
2608 New Jersey— 1844
for members of the legislature, unless such death, resignation or re-
moval shall occur within thirty days immediately preceding such
next election, in which case a governor shall be chosen at the second
succeeding election for members of the legislature. When a vacancy
happens, during the recess of the legislature, in any office Avhich is to
be filled by the governor- and senate, or by the legislature in joint
meeting, the governor shall fill such vacancy and the commission shall
expire at the end of the next session of the legislature, unless a succes-
sor shall be sooner appointed; when a vacancy happens in the office
of clerk or surrogate of any county, the governor shall fill such
vacancy, and the commission shall expire when a successor is elected
and qualified. No person who shall have been nominated to the senate
by the governor for any office of trust or profit imder the government
of this State, and shall not have been confirmed before the recess of
the legislature, shall be eligible for appointment to such office during
the continuance of such recess.
13. In case of the impeachment of the governor, his absence from
the State or inability to discharge the duties of his office, the powers,
duties and emoluments of the office shall devolve upon the coresident
of the senate ; and in case of his death, resignation or removal, then
upon the speaker of the house of assembly for the time being until
the governor, absent or impeached, shall return or be acquitted, or
until the disqualification or inability shall cease, or until a new gov-
ernor be elected and qualified.
14. In case of a vacancy in the office of governor from any other
cause than those herein enumerated, or in case of the death of the gov-
ernor-elect before he is qualified into office, the powers, duties and
emoluments of the office shall devolve upon the president of the senate
or speaker of the house of assembh^, as above provided for, until a
new governor be elected and qualified.
Article VI
JUDICIARY
SECTION I
1. The judicial power shall be vested in a court of errors and ap-
peals in the last resort in all causes as heretofore ; a court for the trial
of impeachments; a court of chancery; a prerogative court; a su-
preme court ; circuit courts, and such inferior courts as now exist, and
as may be hereafter ordained and established by law ; which inferior
courts the legislature may alter or abolish, as the public good shall
require.
SECTION II
1. The court of errors and appeals shall consist of the chancellor,
the justices of the supreme court, and six judges, or a major part of
them; which judges are to be appointed for six years.
2. Imemdiately after the court shall first assemble, the six judges
shall arrange themselves in such manner that the seat of one of them
shall be A^acated every year, in order that thereafter one judge may be
annually appointed.
New Jersey— 1844 2609
3. Such of the six judges as shall attend the court shall receive,
respectively, a per diem compensation, to be provided by law.
4. The secretary of state shall be the clerk of this court.
5. AVTien an appeal from an order or decree shall be heard, the
chancellor shall inform the court, in writing, of the reasons for his
order or decree ; but he shall not sit as a member, or have a voice in
the hearing or final sentence.
6. When a writ of error shall be brought, no justice who has given
a judicial opinion in the cause in favor of or against any error com-
plained of, shall sit as a member, or have a voice on the hearing, or
for its affirmance or reversal ; but the reasons for such opinion shall
be assigned to the court in writing.
SECTION III
1. The house of assembly shall have the sole power of impeaching,
by a vote of a majority of all the members; and all impeachments
shall be tried by the senate ; the members, when sitting for that pur-
pose, to be on oath or affirmation " truly and impartially to try and
determine the charge in question according to evidence ; " and no
person shall be convicted without the concurrence of two-thirds of
all the members of the senate.
2. Any judicial officer impeached shall be suspended from exer-
cising his office until his acquittal.
3. Judgment in cases of impeachment shall not extend farther than
to removal from office, and to disqualification to hold and enjoy any
office of honor, profit or trust under this State; but the party con-
victed shall, nevertheless, be liable to indictment, trial and punish-
ment according to law.
4. The secretary of state shall be the clerk of this court.
SECTION IV
m
1. The court of chancery shall consist of a chancellor.
2. The chanciellor shall be the ordinary or surrogate general, and
judges of the prerogative court.
3. All persons aggrieved by any order, sentence or decree of the
orphans' court, may appeal from the same, or from any part thereof,
to the prerogative court; but such order, sentence or decree shall not
be removed into the supreme court, or circuit court if the subject-
matter thereof be within the jurisdiction of the orphans' court.
4. The secretary of state shall be the register of the prerogative
court, and shall perform the duties required of him by law in that
respect.
SECTION V
1. The supreme court shall consist of a chief justice and four
associate justices. The number of associate justices may be in-
creased or decreased by law, but shall never be less than two.
2. The circuit courts shall be held in every county of this State,
by one or more of the justices of the supreme court, or a judge ap-
pointed for that purpose, and ^all, in all cases within the county
except in those of criminal nature, have common law jurisdiction,
concurrent with the supreme court; and any final judgment of a
i
2610 New Jersey— 1844
circuit court may be docketed in the supreme court, and shall operate
as a judgment obtained in the supreme court from the time of such
docketing.
3. Final judgments in any circuit court may be brought by writ
of error into the supreme court, or directly into the court of errors
and appeals.
SECTION VI
1. There shall be no more than five judges of the inferior court of
common pleas in each of the counties in this State, after the terms
of the judges of said court now in office shall terminate. One judge
for each county shall be appointed every year, and no more, except
to fill vacancies, which shall be for the unexpired term only.
2. The commissions for the first appointments of judges of said
court shall bear date and take effect on the first day of April next;
and all subsequent commissions for judges of said court shall bear
date and take effect on the first day of April in every successive year,
except commissions to fill vacancies, which shall bear date and take
effect when issued.
SECTION VII
1. There may be elected under this constitution tw^o, and not more
than five, justices of the peace in each of the townships of the several
counties of this State, and in each of the wards, in cities that may vote
in wards. When a township or w^ard contains two thousand inhabit-
ants or less, it may have two justices; when it contains more than
two thousand inhabitants, and not more than four thousand, it may
have four justices; and when it contains more than four thousand
inhabitants, it may have five justices; provided, that wheneA^er any
township not voting in wards contains more than seven thousand
inhabitants, such township may have an additional justice for each
additional three thousand inhabitants above four thousand.
2. The population of the townships in the several counties of the
State and of the several wards shall be ascertained by the last pre-
ceding census of the United States, until the legislature shall provide,
by law, some other mode of ascertaining it.
Article VII
APPOINTING POWER AND TENURE OF OFFICE
SECTION I. MILITIA Ol-TICERS
1. The legislature shall provide *by law for enrolling,' organizing
and arming the militia.
2. Captains, subalterns and non-commissioned officers shall be
elected by the members of their respective companies.
3. Field officers of regiments, independent battalions and squadrons
shall be elected by the commissioned officers of their respective regi-
ments, battalions, or squadrons.
4. Brigadier-generals shall be elected by the field officers of their
respective brigades.
5. Major-generals, the adjutant-general and quartermaster-gen-
eral shall be nominated by the governor, and appointed by him, with
the advice and consent of the senate.
New Jersey— 18U 2611
6. The legislature shall provide, by law, the time and manner of
electing militia officers, and of certifying their elections to the gov-
ernor, who shall grant their commissions, and determine their rank,
when not determined by law ; and no commissioned officer shall be re-
moved from office but by the sentence of a court-martial, pursuant to
law.
7. In case the electors of subalterns, captains or field officers shall
refuse or neglect to make such elections, the governor shall have
power to appoint such officers, and to fill all vacancies caused by such
refusal or neglect.
8. Brigade inspectors shall be chosen by the field officers of their
respective brigades.
9. The governor shall appoint all militia officers whose appoint-
ment is not otherwise provided for in this constitution.
10. Major-generals, brigadier-generals and commanding officers of
regiments, independent battalions and squadrons shall appoint the
staff officers of their divisions, brigades, regiments, independent bat-
talions and squadrons, respectively.
SECTION II. CIVIL OFFICERS
1. Justices of the supreme court, chancellor, judges of the court of
errors and appeals and judges of the inferior court of common pleas
shall be nominated by the governor, and appointed by him, with the
advice and consent of the senate.
The justices of the supreme court and chancellor shall hold their
offices for the term of seven years; shall, at stated times, receive for
their services a compensation which shall not be diminished during
the term of their appointments; and they shall hold no other office
under the government of this State or of the United States.
2. Judges of the courts of common pleas shall be appointed by the
senate and general assembly, in joint meeting.
They shall hold their offices for five years; but when appointed to
fill vacancies, they shall hold for the unexpired term only.
3. The state treasurer and comptroller shall be appointed by the
senate and general assembly, in joint meeting.
They shall hold their offices for three years, and until their sue-,
cessors shall be qualified into office.
4. The attorney-general, prosecutors of the pleas, clerk of the
supreme court, clerk of the court of chancery, secretary of state and
the keeper of the state prison shall be nominated by the governor,
and appointed by him, with the advice and consent of the senate.
They shall hold their offices for five years.
5. The law reporter shall be appointed by the justices of the su-
preme court, or a majority of them; and the chancery reporter shall
be appointed by the chancellor.
They shall hold their offices for five years.
6. Clerks and surrogates of counties shall be elected by the people
of their respective counties, at the annual elections for members of
the general assembly.
They shall hold their offices for five years.
7. Sheriffs and coroners shall be elected by the people of their re-
spective counties, at the elections for members of the general as-
sembly, and they shall hold their offices for three years, after which
7254— VOL 5—09 6
2612 New Jersey— 1844
three years must elapse before they can be again capable of serving.
Sheriffs shall annually renew their bonds.
8. Justices of the peace shall be elected by ballot at the annual
meetings of the townships in the several counties of the State, and of
the wards in cities that may vote in wards, in such manner and under
such regulations as may be hereafter provided by law.
They shall be commissioned for the county, and their commissions
shall bear date and take effect on the first day of May next after their
election.
They shall hold their offices for five years ; but when elected to fill
vacancies, they shall hold for the unexpired term only; pi'ovided^
that the commission of any justice of the peace shall become vacant
upon his ceasing to reside in the township in which he was elected.
The first election for justices of the peace shall take place at the
next annual town-meetings of the townships in the several counties
of the State and of the wards in cities that may vote in wards.
9. All other officers, whose appointments are not otherwise pro-
vided for by law, shall be nominated by the governor, and appointed
by him, with the advice and consent of the senate; and shall hold
their offices for the time prescribed by law.
10. All civil officers elected or appointed pursuant to the provisions
of this constitution, shall be commissioned by the governor.
11. The term of office of all officers elected or appointed, pursuant
to the provisions of this constitution, except when herein otherwise
directed, shall commence on the day of the date of their respective
commissions; but no commission for any office shall bear date prior
to the expiration of the term of the incumbent of said office.
Article VIII
GENERAL PROVISIONS
1. The secretary of state shall be ex officio an auditor of the ac-
counts of the treasurer, and as such, it shall be his duty to assist the
legislature in the annual examination and settlement of said accounts,
until otherwise provided by law.
2. The seal of the State shall be kept by the governor, or person
administering the government, and used by him officially, and shall
be called the great seal of the State of New Jersey.
3. All grants and commissions shall be in the name and by the
authority of the State of New Jersey, sealed with the great seal,
signed by the governor, or person administering the government, and
countersigned by the secretary of state, and it shall run thus : " The
State of New Jersey, to , greeting." All writs shall be
in the name of the State; and all indictments shall conclude in the
following manner, viz., " against the peace of this State, the govern-
ment and dignity of the same."
4. This constitution shall take effect and go into operation on the
second day of September, in the year of our Lord one thousand eight
hundred and forty-four.
New Jersey— 18U 2613
Article IX
AMENDMENTS
Any specific amendment or amendments to the constitution may be
proposed in the senate or general assembly, and if the same shall be
agreed to by a majority of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered
on their journals, with the yeas and nays taken thereon, and referred
to the legislature then next to be chosen, and shall be published for
three months previous to making such choice, in at least one news-
paper of each county, if any be published therein ; and if in the leg-
islature next chosen as aforesaid, such proposed amendment or amend-
ments, or any of them, shall be agreed to by a majority of all the
members elected to each house, then it shall be the duty of the legisla-
ture to submit such proposed amendment or amendments, or such of
them as may have been agreed to as aforesaid by the two legislatures,
to the people, in such manner and at such time, at least four months
after the adjournment of the legislature, as the legislature shall pre-
scribe ; and if the people at a special election to be held for that pur-
pose only, shall approve and ratify such amendment or amendments,
or any oi them, by a majority of the electors qualified to vote for
members of the legislature voting thereon, such amendment or amend-
ments so approved and ratified shall become part of the constitution ;
provided, that if more than one amendment be submitted, they shall
be submitted in such manner and form that the people may vote for
or against each amendment separately and distinctly ; but no amend-
ment or amendments shall be submitted to the people by the legisla-
ture oftener than once in five years.
Article X
SCHEDULE
That no inconvenience may arise from the change in the constitu-
tion of this State, and in order to carry the same into complete opera-
tion, it is hereby declared and ordained, that —
1. The common law and the statute laws now in force, not repug-
nant to this constitution, shall remain in force until they expire by
their own limitation, or be altered or repealed by the legislature;
and all writs, actions, causes of action, prosecutions, contracts, claims
and rights of individuals and of bodies corporate, and of the State,
and all charters of incorporation, shall continue, and all indictments
which shall have been found, or which may hereafter be found, for
any crime or offense committed before the adoption of this constitu-
tion, may be proceeded upon as if no change had taken place. The
several courts of law and equity, except as herein otherwise provided,
shall continue with the like powers and jurisdiction as if this con-
stitution had not been adopted.
2. All officers now filling any office or appointment shall continue
in the exercise of the duties thereof, according to their respective
commissions or appointments, unless by this constitution it is other-
wise directed.
2614 New Jersey— 18U
3. The present governor, chancellor and ordinary or surrogate-
general and treasurer shall continue in office until successors elected or
appointed under this constitution shall be sworn or affirmed into
office.
4. In case of the death, resignation or disability of the present
governor, the person who may be vice-president of council at the
time of the adoption of this constitution shall continue in office and
administer the government until a governor shall have been elected
and sworn or affirmed into office under this constitution.
5. The present governor, or in case of his death or inability to act,
the vice-president of council, together with the present members of
the legislative council and secretary of state, shall constitute a board
of state canvassers, in the manner now provided by law, for the pur-
pose of ascertaining and declaring the result of the next ensuing
election for governor, members of the house of representatives, and
electors of president and vice-president.
6. The returns of the votes for governor, at the said next ensuing
election, shall be transmitted to the secretary of state, the votes
counted, and the election declared in the manner now provided by
law in the case of the election of electors of president and vice-
president.
7. The election of clerks and surrogates, in those counties where
the term of office of the present incumbent shall expire previous to
the general election of eighteen hundred and forty-five, shall be held
at the general election next ensuing the adoption of this constitution ;
the result of which election shall be ascertained in the manner now
provided by law for the election of sheriffs.
8. The elections for the year eighteen hundred and forty-four shall
take place as now provided by law.
9. It shall be the duty of the governor to fill all vacancies in office
happening between the adoption of this constitution and the first
session of the senate, and not otherwise provided for, and the com-
missions shall expire at the end of the first session of the senate, or
when successors shall be elected or appointed and qualified.
10. The restriction of the pay of members of the legislature, after
forty days from the commencement of the session, shall not be applied
to the first legislature convened under this constitution.
11. Clerks of counties shall be clerks of the inferior courts of com-
mon pleas and quarter sessions of the several counties, and perform
the duties, and be subject to the regulations now required of them by
law until otherwise ordained by the legislature.
12. The legislature shall pass all laws necessary to carry into effect
the provisions of this constitution.
State of New Jersey :
I, George Wurts, Secretary of State of the State of New Jersey, do
hereby certify the foregoing to be a true copy of the Constitution of
the State of New Jersey as amended, as the same is taken from and
compared with the original Constitution and amendments thereto,
now remaining on file in my office.
In testimony whereof, I have hereunto set my hand and affixed my
official seal, this twenty-sixth day of October, A. D. eighteen hundred
and ninety-seven.
[l. 8.] George Wurts.
NEW MEXICO
For organic acts relating to the land now included within New Mexico see
in this work :
Mexican Constitution, 1824 (Texas, p. 3475).
Constitution of Coahuila and Texas, 1827 (Texas, p. 3495).
Constitution of Texas, 1835 (Texas, p. 3520).
Texas Declaration of Independence, 1836 (Texas, p. 3528).
Ordinance of Texas, 1836 (Texas, p. 3530).
Convention with Texas, 1838 (Texas, p. 3543).
Annexation of Texas, 1845 (Texas, p. 3544).
Admission of Texas, 1845 (Texas, p. 3546).
Mexican Treaty of Cession, 1853 (Arizona, p. 255).
TERRITORIAL GOVERNMENT OF NEW MEXICO— 1850 «
[Thibty-first Congeess, First Session]
An Act proposing to the State of Texas the Establishment of her Northern and
Western Boundaries, the Relinquishment by the said State of all Territory
claimed by her exterior to said Boundaries, and of all her Claims upon the
United States, and to establish a territorial Government for New Mexico.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That the follow-
ing propositions shall be, and the same hereby are, offered to the State
of Texas, which, when agreed to by the said State, in an act passed
by the general assembly, shall be binding and obligatory upon the
United States, and upon the said State of Texas: Provided^ The said
agreement by the said general assembly shall be given on or before
the first day of December, eighteen hundred and fifty :
0 For other statutes of an organic nature relating to New Mexico, see to pro-
vide for extra sessions of legislature, March 3, 1853; to extend southern
boundary, August 4, 1854 ; to prohibit slavery in, June 19, 1862 ; to regulate
elective franchise in, January 25, 1867 ; to prohibit special acts of incorporation,
March 2, 1867 ; to abolish and forever prohibit the system of peonage in, March
2, 1867; to make valid certain laws of, March 26, 1867; to give qualified veto
power to governor and to extend the duties of the secretary of the Territory,
July 27, 1868 ; to repeal law taxing cattle, April 10, 1869 ; to amend a Territorial
law. July 14, 1870 ; to convene legislative assembly, April 20, 1871 ; to limit the
duration of legislative sessions and to fix pay of members, January 23, 1873 ; to
repeal law of Territory incorporating the Jesuit Fathers, February 3, 1879 ; to
fix number of members and compensation of each house of legislature, June 19,
1878, June 27, 1879 ; to legalize an election and to reapportion members of legis-
lature, December 21, 1881 ; to limit sessions of legislature, February 14, 1884 ; to
limit legislature's power to pass special acts of incorporation, March 3, 1885 ;
to prohibit various forms of special legislation, July 30, 1886; to reorganize
courts, February 28, 1887 ; to permit erection of counties, July 19, 1888 ; to grant
control of liquor traffic, August 8, 1890; to permit appeals to circuit court of
appeals, March 3, 1891 ; to make valid certain bond issues, January 16, 1897.
2615
2616 New Mexico— 1850
First. The State of Texas will agree that her boundary on the
north shall commence at the point at which the meridian of one hun-
dred degrees west from Greenwich is intersected by the parallel of
thirty-six degrees thirty minutes north latitude, and shall run from
said point due west to the meridian of one hundred and three degrees
west from Greenwich ; thence her boundary shall run due south to the
thirtj^-second degree of north latitude ; thence on the said parallel of
thirty-two degrees of north latitude to the Eio Bravo del Norte, and
thence with the channel of said river to the Gulf of Mexico.
Second. The state of Texas cedes to the United States all her claim
to territory exterior to the limits and boundaries which she agrees
to establish by the first article of this agreement.
Third. The State of Texas relinquishes all claim upon the United
States for liability of the debts of Texas, and for compensation or
indemnity for the surrender to the United States of her ships, forts,
arsenals, custom-houses, custom-house revenue, arms and munitions of
war, and public buildings with their sites, which became the property
of the United States at the time of the annexation.
Fourth. The United States, in consideration of said establishment
of boundaries, cession of claim to territory, and relinquishment of
claims, will pay to the State of Texas the sum of ten millions of
dollars in a stock bearing five per cent, interest, and redeemable at
the end of fourteen j^ears, the interest payable half-yearly at the
treasury of the United States.
Fifth. Immediately after the President of the United States shall
have been furnished with an authentic copy of the act of the general
assembly of Texas accepting these propositions, he shall cause the
stock to be issued in favor of the State of Texas, as provided for in
the fourth article of this agreement: Provided^ also^ That no more
than five millions of said stock shall be issued until the creditors of
the State holding bonds and other certificates of stock of Texas for
which duties on imports were specially pledged, shall first file at
the treasury of the United States releases of all claim against the
United States for or on account of said bonds or certificates in such
form as shall be prescribed by the Secretary of the Treasury and
approved by the President of the United States: Provided^ That
nothing herein contained shall be construed to impair or qualify
anything contained in the third article of the second section of the
" joint resolution for annexing Texas to the United States," approved
March first, eighteen hundred and forty-five, either as regards the
number of States that may hereafter be formed out of the State of
Texas, or otherwise.
Sec. 2. And he it further enacted^ That all that portion of the
Territory of the United States bounded as follows: Beginning at a
point in the Colorado River where the boundary line with the repub-
lic of Mexico crosses the same; thence eastwardly with the said
boundary line to the Rio Grande; thence following the main channel
of said river to the parallel of the thirty-second degree of north
latitude; thence east with said degree to its intersection with the
one hundred and third degree of longitude west of Greenwich ; thence
north with said degree of longitude to the parallel of thirty-eighth
degree of north latitude ; thence west with said parallel to the summit
of the Sierra Madre: thence south with the crest of said mountains
New Mexico— 1850 2617
to the thirty-seventh parallel of north latitude; thence west with
said parallel to its intersection with the boundary line of the State
of California ; thence with said boundary line to the place of begin-
ning— be, and the same is hereby, erected into a temporary govern-
ment, by the name of the Territory of New Mexico; Provided^ That
nothing in this act contained shall be construed to inhibit the gov-
ernment of the United States from dividing said Territory into two
or more Territories, in such manner and at such times as Congress
shall deem convenient and proper, or from attaching any portion
thereof to any other Territory or State: And- provided^ further^
That, when admitted as a State, the said Territory, or any portion
of the same, shall be received into the Union, with or without slavery,
as their constitution may prescribe at the time of their admission.
Sec. 3. And he it further enacted^ That the executive power and
authority in and over said Territory of New Mexico shall be vested in
a governor, who shall hold his office for four years, and until his suc-
cessor shall be appointed and qualified, unless sooner removed by the
President of the United States. The governor shall reside within
said Territory, shall be commander-in-chief of the militia thereof,
shall perform the duties and receive the emoluments of superintendent
of Indian affairs, and shall approve all laws passed by the legislative
assembly before they shall take effect; he may grant pardons for
offenses against the laws of said Territory, and reprieves for offences
against the laws of the United States, until the decision of the Presi-
dent can be made known thereon ; he shall commission all officers who
shall be appointed to office under the laws of the said Territory, and
shall take care that the laws be faithfully executed.
Sec. 4. And he it further enacted^ That there shall be a secretary
of said Territory, who shall reside therein, and hold his office for four
years, unless sooner removed by the President of the United States;
he shall record and preserve all the laws and proceedings of the
legislative assembly hereinafter constituted, and all the acts and pro-
ceedings of the governor in his executive department ; he shall trans-
mit one copy of the laws and one copy of the executive proceedings,
on or before the first day of December in each year, to the President
of the United States, and, at the same time, two copies of the laws to
the Speaker of the House of Representatives and the President of the
Senate, for the use of Congress. And, in case of the death, removal,
resignation, or other necessary absence of the governor from the
Territory, the secretary shall have, and he is hereby authorized and
required to execute and perform all the powers and duties of the
governor during such vacancy or necessary absence, or until another
governor shall be duly appointed to fill such vacancy.
Sec. 5. And he it further enacted^ That the legislative power and
authority of said Territory shall be vested in the governor and a
legislative assembly. The legislative assembly shall consist of a
Council and House of Representatives. The Council shall consist of
thirteen members, having the qualifications of voters as hereinafter
prescribed, Avhose term of service shall continue two years. The
House of Representatives shall consist of twenty-six members, pos-
sessing the same qualifications as prescribed for members of the
Council, and whose term of service shall continue one year. An ap-
portionment shall be made, as nearly equal as practicable, among the
2618 New Mexico— 1850
several counties or districts, for the election of the Council and House
of Representatives, giving to each section of the Territory representa-
tion in the ratio of its population, (Indians excepted,) as nearly as
may be. And the members of the Council and of the House of
Representatives shall reside in, and be inhabitants of, the district for
which they may be elected respectively. Previous to the first election,
the governor shall cause a census or enumeration of the inhabitants
of the several counties and districts of the Territory to be taken, and
the first election shall be held at such time and places, and be con-
ducted in such manner, as the governor shall appoint and direct ; and
he shall, at the same time, declare the number of the members of the
Council and House of Representatives to which each of the counties
or districts shall be entitled under this act. The number of persons
authorized to be elected having the highest number of votes in each of
said Council districts, for members of the Council, shall be declared
by the governor to be duly elected to the Council ; and the person or
persons authorized to be elected having the greatest number of votes
for the House of Representatives, equal to the number to which each
county or district shall be entitled, shall be declared by the governor
to be duly elected members of the House of Representatives: Pro-
vided, That in case of a tie between tAvo or more persons voted for,
the governor shall order a new election to supj^ly the vacancy made by
such tie. And the persons thus elected to the legislative assembly
shall meet at such place and on such day as the governor shall ap-
point; but thereafter, the time, place, and manner of holding and
conducting all elections by the people, and the apportioning the
representation in the several counties or districts to the Council and
House of Representatives according to the population, shall be pre-
scribed by law, as w ell as the day of the commencement of the regular
sessions of the legislative assembly: Provided, That no one session
shall exceed the term of forty days.
Sec. 6. And he it further enacted, That every free white male in-
habitant, above the age of twenty-one years, who shall have been a
resident of said Territory at the time of the passage of this act, shall
be entitled to vote at the first election, and shall be eligible to any
office within the said Territory; but the qualifications of voters and
of holding office, at all subsequent elections, shall be such as shall be
prescribed by the legislative assembly: Provided, That the right of
suffrage, and of holding office, shall be exercised only by citizens of
the United States, including those recognized as citizens by the
treaty with the republic of Mexico, concluded February second,
eighteen hundred and forty-eight.
Sec. 7. And he it further enacted. That the legislative power of the
Territory shall extend to all rightful subjects of legislation, consist-
ent with the Constitution of the United States and the provisions
of this act ; but no law shall be passed interfering with the primary
disposal of the soil; no tax shall be imposed upon the property of
the United States; nor shall the lands or other property of non-
residents be taxed higher than the lands or other property of resi-
dents. All the laws passed by the legislative assembly and governor
shall be submitted to the Congress of the United States, and, if dis-
approved, shall be null and of no effect.
Sec. 8. And he it further enacted, That all township, district, and
county officers, not herein otherwise provided for, shall be appointed
New Mexico— 1850 2619
or elected, as the case may be, in such manner as shall be provided
by the governor and legislative assembly of the Territory of New
Mexico. The governor shall nominate, and, by and with the advice
and consent of the legislative Council, appoint, all officers not herein
otherwise provided for; and in the first instance the governor alone
may appoint all said officers, who shall hold their offices until the end
of the first session of the legislative assembly, and shall lay off the
necessary districts for members of the Council and House of Repre-
sentatives, and all other officers.
Sec. 10. And he it further enacted^ That the judicial power of said
Territory shall be vested in a Supreme Court, District Courts, Pro-
bate Courts, and in justices of the peace. The Supreme Court shall
consist of a chief justice and two associate justices, any two of whom
shall constitute a quorum, and who shall hold a term at the seat of gov-
ernment of said Territory annually, and they shall hold their offices
during the period of four years. The said Territory shall be divided
into three judicial districts, and a District Court shall be held in each
of said districts by one of the justices of the Supreme Court, at such
time and place as maj^ be prescribed by law; and the said judges
shall, after their appointments, respectively, reside in the districts
which shall be asigned them. The jurisdiction of the several courts
herein provided for, both appellate and original, and that of the Pro-
bate Courts and of justices of the peace, shall be as limited by law :
Provided^ That justices of the peace shall not nave jurisdiction of
any matter in controversy when the title or boundaries of land may
be in dispute, or where the debt or sum claimed shall exceed one
hundred dollars ; and the said Supreme and Districts Courts, respect-
ively, shall possess chancery as well as common law jurisdiction.
Each District Court, or the judge thereof, shall appoint its clerk,
who shall also be the register in chancery, and shall keep his office
at the place where the court may be held. Writs of error, bills of
exception, and appeals, shall be allowed in all cases from the final
decisions of said District Courts to the Supreme Court, under such
regulations as may be prescribed by law, but in no case removed to
the Supreme Court shall trial by jury be allowed in said court. The
Supreme Court, or the justices thereof, shall appoint its own clerk,
and every clerk shall hold his office at the pleasure of the court for
which he shall have been appointed. Writs of error and appeals
from the final decisions of said Supreme Court shall be allowed, and
may be taken to the Supreme Court of the United States, in the same
manner and under the same regulations as from the Circuit Courts
of the United States, where the value of the property or the amount
in controversy, to be ascertained by the oath or affirmation of either
party, or other competent witness, shall exceed one thousand dollars ;
except only that all cases involving title to slaves, the said writs of
error or appeals shall be allowed and decided by the said Supreme
Court without regard to the value of the matter, property, or title
in controversy; and except also that a writ of error or appeal shall
also be allowed to the Supreme Court of the United States from the
decision of the said Supreme Court created by this act, or of any
judge thereof, or of the District Courts created by this act, or of any
judge thereof, upon any writ of habeas corpus involving the question
of personal freedom ; and each of the said District Courts shall have
and exercise the same jurisdiction in all cases arising under the Con-
2620 New Mexico— 1850
stitution and laws of the United States as is vested in the Circuit and
District Courts of the United States ; and the said Supreme and Dis-
trict Courts of the said Territory, and the respective judges thereof,
shall and may grant writs of habeas corpus in all cases in which the
same are grantable by the judges of the United States in the District
of Columbia; and the first six days of every term of said courts, or
so much thereof as shall be necessary, shall be appropriated to the
trial of causes arising under the said Constitution and laws; and
writs of error and appeals in all such cases shall be made to the
Supreme Court of said Territory, the same as in other cases. The
said clerk shall receive in all such cases the same fees which the
clerks of the District Courts of Oregon Territory now receive for
similar services.
Sec. 11. A7id he it further enacted^ That there shall be appointed an
attorney for said Territory, who shall continue in office for four
years, unless sooner removed by the President, and who shall execute
all processes issuing from the said courts when exercising their juris-
diction as Circuit and District Courts of the United States; he
shall perform the duties, be subject to the same regulation and penal-
ties, and be entitled to the same fees as the marshal of the District
Court of the United States for the present Territory of Oregon, and
shall, in addition, be paid two hundred (dollars) annually as a com-
pensation for extra services.
Sec. 12. And he it further enacted^ That the governor, secretary,
chief justice and associate justices, attorney and marshal, shall be
nominated, and, by and with the advice and consent of the Senate,
appointed by the President of the United States. The governor and
secretary, to be appointed as aforesaid, shall, before they act as such,
respectively take an oath or affirmation, before the district judge, or
some justice of the peace in the limits of said Territory, duly author-
ized to administer oaths and affirmations by the laws now in force
therein, or before the chief justice or some associate justice of the
Supreme Court of the United States, to support the Constitution of
the United States, and faithfully to discharge the duties of their
respective offices; which said oaths, when so taken, shall be certified
by the person by whom the same shall have been taken, and such
certificates shall be received and recorded by the said secretary
among the executive proceedings; and the chief justice and associate
justices, and all other civil officers in said Territory, before they act
as such, shall take a like oath or affirmation, before the said governor
or secretary, or some judge or justice of the peace of the Territory,
who may be duly commissioned and qualified, which said oath or
affirmation shall be certified and transmitted, by the person taking
the same, to the secretary, to be by him recorded as aforesaid; and
afterwards, the like oath or affirmation shall be taken, certified, and
recorded, in such manner and form as may be prescribed by law.
The governor shall receive an annual salary of fifteen hundred dollars
as governor, and one thousand dollars as superintendent of Indian
affairs. The chief justice and associate justices shall each receive
an annual salary of eighteen hundred dollars. The secretary shall
receive an annual salary of eighteen hundred dollars. The said sal-
aries shall be paid quarter-yearly, at the treasury of the United
States. The members of the legislative assembly shall be entitled
ft.
New Mexico— 1850 2621
to receive three dollars each per day during their attendance at the
sessions thereof, and three dollars each for every twenty miles' travel
in going to and returning from the said sessions, estimated according
to the nearest usually travelled route. There shall be appropriated
annually the sum of one thousand dollars, to be expended by the gov-
ernor, to defray the contingent expenses of the Territory ; there shall
also be appropriated annually a sufficient sum to be expended by the
Secretary of the Treasury of the United States, to defray the expenses
of the legislative assembly, the printing of the laws, and other inci-
dental expenses; and the secretary of the Territory shall annually
account to the Secretary of the Treasury of the United States for the
manner in which the aforesaid sum shall have been expended.
Sec. 13. And he it further enacted^ That the legislative assembly
of the Territory of New Mexico shall hold its first session at such time
and place in said Territory as the Governor thereof shall appoint
and direct ; and at said first session, or as soon thereafter as they shall
deem expedient, the governor and legislative assembly shall proceed
to locate and establish the seat of government for said Territory at
such place as they may deem eligible; which place, how^ever, shall
thereafter be subject to be changed by the said governor and legisla-
tive assembly.
Sec. 14. And he it further enacted^ That a delegate to the House of
Representatives of the United States, to serve during each Congress
of the United States, may be elected by the voters qualified to elect
members of the legislative assembly, who shall be entitled to the same
rights and privileges as are exercised and enjoyed by the delegates
from the several other Territories of the United States to the said
House of Representatives. The first election shall be held at such
time and places, and be conducted in such manner, as the governor
shall appoint and direct; and at all subsequent elections, the times,
places, and manner of holding the elections shall be prescribed by
law. The person having the greatest number of votes shall be de-
clared by the governor to be duly elected, and a certificate thereof
shall be given accordingly : Provided^ That such delegate shall receive
no higher sum for mileage than is allowed by law to the delegate
from Oregon.
Sec. 15. And he it further enacted^ That when the lands in said
Territory shall be surveyed under the direction of the government of
the United States, preparatory to bringing the same into market, sec-
tions numbered sixteen and thirty-six in each township in said Ter-
ritory shall be, and the same are hereby, reserved for the purpose of
being applied to schools in said Territory, and in the States and Ter-
ritories hereafter to be erected out of the same.
Sec. 1G. And he it further enacted^ That temporarily and until
otherwise provided by law, the governor of said Territory may de-
fine the judicial districts of said Territory, and assign the judges who
may be appointed for said Territory to the several districts, and also
appoint the times and places for holding courts in the several counties
or subdivisions in each of said judicial districts, by proclamation to
l)e issued by him; but the legislative assembly, at their first or any
subsequent session, may organize, alter, or modify such judicial dis-
tricts, and assign the judges, and alter the times and places of hold-
ing the courts, as to them shall seem proper and convenient.
2622 New Mexico— 1850
Sec. 17. And he it further enacted, That the Constitution, and all
laws of the United States which are not locally inapplicable, shall
have the same force and effect within the said Territory of New
Mexico as elsewhere within the United States.
Sec. 18. And he it further enacted, That the provisions of this act
be, and they are hereby, suspended until the boundary between the
United States and the State of Texas shall be adjusted; and when
such adjustment shall have been effected, the President of the United
States shall issue his proclamation, declaring this act to be in full
force and operation, and shall proceed to appoint the officers herein
provided to be appointed in and for said Territory.
Sec. 19. And he it further enacted, That no citizen of the United
States shall be deprived of his life, liberty, or property, in said Ter-
ritory, except by the judgment of his peers and the laws of the land.
Approved, September 9, 1850.
ENABLING ACT FOR NEW MEXICO AND ARIZONA— 1906
(See Oklahoma, p. 2960)
NEW TORK
For organic acts relating to tlie lands now included within New York see in
this work :
Virginia Charter of 1606 (Virginia, p. 3783).
Council for New England, 1620 (Massachusetts, p. 1827).
Dutch West India Company, 1621 (p. 59).
Charter of Massachusetts Bay, 1629 (Massachusetts, p. 1846).
Charter of Connecticut, 1662 (Connecticut, p. 529).
Grant to the Duke of York, 1664 (Maine, p. 1637).
Grant to the Duke of York, 1674 (Maine, p. 1641).
Charter of Pennsylvania, 1681 (Pennsylvania, p. 3035).
Commission to Andros, 1688 (Massachusetts, p. 1863).
CONSTITUTION OF NEW YORK— 1777 *
In Convention of the Representatives
OF THE State of New York,
Kingston, 20th April, 1777.
Whereas the many tyrannical and oppressive usurpations of the
King and Parliament of Great Britain on the rights and liberties of
the people of the American colonies had reduced them to the neces-
sity of introducing a government by congresses and committees, as
temporary expedients, and to exist no longer than the grievances of
the people should remain without redress ; And whereas the congress
of the colony of New York did, on the thirty-first day of May now
last past, resolve as follows, viz :
" Whereas the present government of this colony, by congress and
committees, was instituted while the former government, under the
* Verified from " Journals of the Provincial Congress, Provincial Convention
Committee of Safety and Council of Safety of the State of New York, 1775,
1776-1777, vol. I. Albany: Printed by Thurlovv Weed, printer to the State
1.S42." pp. 892-898.
The Dutch, who began in 1613 to establish trading-posts on the Hudson River,
claimed jurisdiction over the territory between the Connecticut and the Delaware
Rivers, which they called New Netherlands. The government was vested in
" The United New Netherland Company," chartered in 1616, and then in " The
Dutch West India Company," chartered in 1621.
In 1649 a convention of the settlers petitioned the " Lords States-General of
the United Netherlands " to grant them " suitable burgher government," such as
their High Mightinesses shall consider adapted to this province, and resembling
somewhat the government of our Fatherland," with certain permanent priv-
ileges and exemptions, that they might pursue " the trade of our country, as
well along the coast from Terra Nova to Cape Florida as to the West Indies
and Europe, whenever our Lord God shall be pleased to permit."
The directors of the West India Company resented this attempt to shake off
their rule, and wrote their director and council at New Amsterdam : " We have
already connived as much as possible at the many impertinences of some rest-
less spirits, in the hope that they might be shamed by our discreetness and
benevolence, but, perceiving that all kindnesses do not avail, we must, therefore,
2623
2624 New York— 1777
Crown of Great Britain, existed in full force, and was established for
the sole purpose of opposing the usurpation of the British Parlia-
ment, and was intended to expire on a reconciliation with Great
Britain, which it was then apprehended would soon take place, but is
now considered as remote and uncertain ;
"And whereas many and great inconveniences attend the said mode
of government by congress and committees, as of necessity, in many
instances, legislative, judi<^ial, and executive powers have been vested
therein, especially since the dissolution of the former government by
the abdication of the late governor and the exclusion of this colony
from the protection of the King of Great Britain ;
" And whereas the Continental Congress did resolve as followeth,
to wit :
" ' Whereas His Britannic Majesty, in conjunction with the lords
and commons of Great Britain, has, by a late act of Parliament, ex-
cluded the inhabitants of these united colonies from the protection of
his Crown ; and w^hereas no answers whatever to the humble petition
of the colonies for redress of grievances and reconciliation with Great
Britain has been, or is likely to be, given, but the whole force of that
kingdom, aided by foreign mercenaries, is to be exerted for the de-
struction of the good people of these colonies ; and whereas it appears
absolutely irreconcilable to reason and good conscience for the people
of these colonies now to take the oaths and affirmations necessary for
the support of any government under the Crown of Great Britain,
and it is necessary that the exercise of every kind of authority under
the said Crown should be totally suppressed, and all the powers of
government exerted under the authority of the people of the colonies
for the preservation of internal peace, virtue, and good order, as well
as for the defense of our lives, liberties, and properties, against the
hostile invasions and cruel depredations of our enemies : Therefore,
" ' Resolved^ That it be recommended to the respective assemblies
and conventions of the united colonies, where no government sufficient
to the exigencies of their affairs has been hitherto established, to
adopt such government as shall, in the opinion of the representatives
of the people, best conduce to the happiness and safety of their con-
stituents in particular, and America in general.'
have recourse to God, to Nature, and the Law. We accordingly hereby charge
and command your Honors, whenever you shall certainly discover any Clan-
destine Meetings, Conventicles, or machinations against our States' government
or that of our country, that you proceed against such malignants in proportion
to their crimes."
These grants embraced all the lands between the west bank of the Con-
necticut River and the east bank of Delaware Bay. The Duke of York had pre-
viously purchased, in 1663, the grant of Long Island and other islands on the
New England coast, made in 1635 to the Earl of Stirling, and in 1664 he equipped
an armed expedition, which took possession of New Amsterdam, which was
thenceforth called New York. This conquest was confirmed by the treaty of
Breda, in July, 1667. In July, 1673, a Dutch fleet recaptured New York, and
held it until it was restored to the English by the treaty of Westminster in
February, 1674. The second grant was obtained by the Duke of York in July,
1674, to perfect his title. The original grants are in the New York State
Library.
This constitution was framed by a convention which assembled at White
Plains, July 10, 1776, and, after repeated adjournments and changes of location,
terminated its labors at Kingston, Sunday evening, April 20, 1777, when the
constitution was adopted, with but one dissenting vote. It was not submitted
to the people for ratification. It was drafted by John Jay.
New York— 1777 2625
" And whereas doubts have arisen whether this congress are in-
vested with sufficient power and authority to deliberate and determine
on so important a subject as the necessity of erecting and constituting
a new form of government and internal police, to the exclusion of all
foreign jurisdiction, dominion, and control whatever; and whereas it
appertains of right solely to the people of this colony to determine
the said doubts : Therefore,
" Resolved, That it be recommended to the electors in the several
counties in this colony, by election, in the manner and form prescribed
for the election of the present congress, either to authorize (in addi-
tion to the powders vested in this congress) their present deputies, or
others in the stead of their present deputies, or either of them, to take
into consideration the necessity and propriety of instituting such new
government as in and by the said resolution of the Continental Con-
gress is described and recommended ; and if the majority of the coun-
ties, by their deputies in provincial congress, shall be of opinion that
such new government ought to be instituted and established, then to
institute and establish such a government as they shall deem best cal-
culated to secure the rights, liberties, and happiness of the good peo-
ple of this colony ; and to continue in force until a future peace with
Great Britain shall render the same unnecessary ; and
" Resolved, That the said elections in the several counties ought to
be had on such day, and at such place or places, as by the committee
of each county respectively shall be determined. And it is recom-
mended to the said committees to fix such early days for the said
elections as that all the deputies to be elected have sufficient time to
repair to the city of New York by the second Monday in July next;
on which day all the said deputies ought punctually to give their at-
tendance.
" And whereas the object of the aforegoing resolutions is of the
utmost importance to the good people of this colony :
" Resolved, That it be, and it is hereby, earnestly recommended to
the committees, freeholders, and other electors in the different coun-
ties in this colony diligently to carry the same into execution."
And whereas the good people of the said colony, in pursuance of
the said resolution, and reposing special trust and confidence in the
members of this convention, have appointed, authorized, and em-
powered them for the purposes, and m the manner, and with the
powers in and by the said resolve specified, declared, and mentioned.
And whereas the Delegates of the United American States, in gen-
eral Congress convened, did, on the fourth day of July now last past,
solemnly publish and declare, in the words following*, viz :
" When, in the course of human events, it becomes necessary for
one people to dissolve the political bands which have connected "them
with another, and to assume among the powers of the earth the sepa-
rate and equal station to which the laws of nature and of nature's
God entitle them, a decent respect to the opinions' of mankind re-
quires tliat they should declare the causes which impel them to the
separation.
" We hold these truths to be self-evident, that all men are created
equal ; that they are endowed by their Creator with certain unalien-
able rights; that among these are, life, liberty, and the pursuit of
happiness; that to secure these rights, governments are instituted
2626 New York— 1777
among men, deriving their just powers from the consent of the gov-
erned; that whenever any form of government becomes destructive
of these ends, it is the right of the people to alter or to abolish it, and
to institute new government, laying its foundation on such 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 shown
that mankind are more disposed to suffer, while evils are sufferable,
than to right themselves by abolishing the forms to which they are
accustomed. But when a long train of abuses and usurpations, pur-
suing invariably the same object, evinces a design to reduce them
under absolute despotism, it is their right, it is their duty, to throw
off such government, and to provide new guards for their future
security. Such has been the patient sufferance of these colonies ; and
such is now the necessity which constrains them to alter their former
system of government. The history of the present King of Great
Britain is a history of repeated injuries and usurpations, all having
in direct object the establishment of an absolute tyranny over these
States. To prove this, let facts be submitted to a candid world.
" He has refused his assent to laws, the most wholesome and neces-
sary for the public good.
" He has forbidden his governors to pass laws of immediate and
pressing importance, unless suspended in their operation till his as-
sent should be obtained; and when so suspended, he has utterly
neglected to attend to them.
" He has refused to pass other laws for the accommodation of large
districts of people, unless those people would relinquish the right of
representation in the legislature; a right inestimable to them, and
formidable to tyrants only.
" He has called together legislative bodies at places unusual, un-
comfortable, and distant from the depository of their public records,
for the sole purpose of fatiguing them into compliance with his
measures.
" He has dissolved representative houses repeatedly, for opposing
with manly firmness his invasions on the rights of the people.
" He has refused for a long time, after such dissolutions, to cause
others to be elected, whereby the legislative powers, incapable of an-
nihilation, have returned to the people at large, for their exercise;
the State remaining in the mean time exposed to all the dangers 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 foreigners,
refusing to pass others to encourage their migrations hither, and
raising the conditions of new appropriations gf lands.
" He has obstructed the administration of justice, by refusing his
assent to laws for establishing judiciary powers.
" He has made judges dependent on his will alone, for the tenure
of their offices, and the amount and payment of their salaries.
" He has erected a multitude of new offices, and sent hither swarms
of officers to harass our people and eat out their substance.
" He has kept among us, in times of peace, standing armies, with-
out the consent of our legislatures.
New York— 1777 2627
" He has affected to render the military independent of, and supe-
rior to, the civil power.
" He has combined with others to subject us to a jurisdiction for-
eign to our constitution, and unacknowledged by our laws; giving
his assent to their acts of pretended legislation :
" For quartering large bodies of troops among us :
" For protecting them, by a mock trial, from punishment for any
murders they should commit on the inhabitants of these States :
'' For cutting off our trade with all parts of the world :
" For imposmg 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
offence's:
" For abolishing the free system of English laws in a neighboring
province, establishing therein an arbitrary government, and enlarg-
ing its boundaries, so as to render it at once an example and fit instru-
ment for introducing the same absolute rule into these colonies :
" For taking away our charters, abolishing our most valuable laws,
and altering fundamentally the forms of our governments :
" For suspending our own legislatures, and declaring themselves
invested with power to legislate for us in all cases whatsoever.
" 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 mercen-
aries to complete the work of death, desolation, and tyranny, already
begun with circumstances of cruelty and perfidy scarcely paralleled
in the most barbarous ages, and totally unworthy the head of a
civilized nation.
" He has constrained our fellow-citizens, taken captive on the high
seas, to bear arms against their country, to become the executioners
of their friends and brethren, or to fall themselves by their hands.
" He has excited domestic insurrections amongst us, and has en-
deavored to bring on the inhabitants of our frontiers the merciless
Indian savages, w^hose known rule of warfare is an undistinguished
destruction of all ages, sexes and conditions.
" In every stage of these oppressions, we have petitioned for redress
m the most humble terms. Our repeated petitions have 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 attentions to our British brethren.
We have warned them from time to time of attempts by their legis-
lature to extend an unwarrantable jurisdiction over us. We have
reminded them of the circumstances of our emigration and settle-
ment here. We have appealed to their native justice and magnanim-
ity, and we have conjured them by the ties of our common kindred
to disavow these usurpations, which would inevitably interrupt our
connection and correspondence. They too have been deaf to the
voice of justice and of consanguinity. We must therefore acquiesce
in the necessity which denounces our separation, and hold them as we
hold the rest of mankind, enemies in war ; in peace, friends.
7254— VOL 5—09 7
2628 New York— 1777
" We, therefore, the Representatives of the United States of Amer-
ica, in general Congress assembled, appealing to the Supreme Judge
of the world for the rectitude of our intentions, do, in the name and
by the authority of the good people of these colonies, solemnly pub-
lish and declare. That these united colonies are, and of right ought
to be, free and independent States; that they are absolved from all
allegiance to the British Crown, and that all political 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 reliance on the protection of Divine Providence, we
mutually pledge to each other our lives, our fortunes, and our sacred
honor."
And whereas this convention, having taken this declaration into
their most serious consideration, did, on the ninth day of July last
past, unanimously resolve that the reasons assigned by the Conti-
nental Congress for declaring the united colonies free and independ-
ent States are cogent and conclusive; and that while we lament the
cruel necessity which has rendered that measure unavoidable, w^e
approve the same, and will, at the risk of our lives and fortunes, join
with the other colonies in supporting it.
By virtue of which several acts, declarations, and proceedings men-
tioned and contained in the afore-cited resolves or resolutions of the
general Congress of the United American States, and of the con-
gresses or conventions of this State, all power w^hatever therein hath
reverted to the people thereof, and this convention hath by their
suffrages and free choice been appointed, and among other things
authorized to institute and establish such a government as they shall
deem best calculated to secure the rights and liberties of the good
people of this State, most conducive of the happiness and safety of
their constituents in particular, and of America in general.
I. This convention, therefore, in the name and by the authority of
the good people of this State, doth ordain, determine, and declare
that no authority shall, on any pretence whatever, be exercised over
the people or members of this State but such as shall be derived from
and granted by them.
II. This convention doth further, in the name and by the authority
of the good people of this State, ol"dain, determine, and declare that
the supreme legislative power within this State shall be vested in two
separate and distinct bodies of men ; the one to be called the assembly
of the State of New York, the other to be called the senate of the
State of New York; who together shall form the legislature, and
meet once at least in every year for the despatch of business.
III. And whereas laws inconsistent with the spirit of this constitu-
tion, or with the public good, may be hastily and unadvisedly passed :
Be it ordained, that the governor for the time being, the chancellor,
and the judges of the supreme court, or any two of them, together with
the governor, shall be, and hereby are, constituted a council to revise
all bills about to be passed into laws by the legislature ; and for that
purpose shall assemble themselves from time to time, when the legis-
lature shall be convened; for which, nevertheless, they shall not
New York— 1777 2629
receive any salary or consideration, under any pretence whatever.
And that all bills which have passed the senate and assembly shall,
before they become laws, be presented to the said council for their
revisal and consideration; and if, upon such revision and considera-
tion, 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 w^riting, to
the senate or house of assembly (in which soever the same shall have
originated) w^ho shall enter the objection 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, notAvithstanding the said objections, agree to pass
the same, it shall, together with the objections, be sent to the other
branch of the legislature, where it shall also be reconsidered, and, if
approved by two-thirds of the members present, shall be a law.
And in order to prevent any unnecessary delays, be it further
ordained, that if any bill shall not be returned by the council within
ten days after it shall have been presented, the same shall be a law,
unless the legislature shall, by their adjournment, render a return of
the said bill within ten days impracticable; in which case the bill
shall be returned on the first day of the meeting of the legislature
after the expiration of the said ten days.*
IV. That the assembly shall consist of at least seventy members, to
be annually chosen in the several counties, in the proportions follow-
ing, viz:
For the city and county of New York, nine.
The city and county of Albany, ten.
The county of Dutchess, seven.
The county of Westchester, six.
The county of Ulster, six.
The county of Suffolk, five.
The county of Queens, four.
The county of Orange, four.
The county of Kings, two.
The county of Richmond, two.
Tryon County,^ six.
Charlotte County,^ four.
Cumberland County,*^ three.
Gloucester County,^ two.
V. That as soon after the expiration of seven years (subsequent to
the termination of the present war) as may be a census of the electors
and inhabitants in this State be taken, under the direction of the
legislature.^ And if, on such census, it shall appear that the number
of representatives in assembly from the said counties is not justly pro-
portioned to the number of electors in the said counties respectively,
* The wliole number of bills passed by the legislature under this constitution
was six thousand five hundred and ninety. The council of revision objected to
one hundred and twenty-eight, of which seventeen were passed notwithstanding
these objections. — Hough.
" Now Montgomery County.
" Now Washington County.
" Now included in the State of Vermont.
e The first census under this constitution was taken in 1790. thers were
taken in 1795, 1801, 1807, 1814, and mil.—Uouyh.
2630 New York— 1777
that the legislature do adjust and apportion the same by that rule.
And further, that once in ever seven years, after the taking of the
said first census, a just account of the electors resident in each county
shall be taken, and if it shall thereupon appear that the number of
electors in any county shall have increased or diminished one or
more seventieth parts of the whole number of electors, which, on the
said first census, shall be found in this State, the number of repre-
sentatives for such county shall be increased or diminished accord-
ingly, that is to say, one representative for every seventieth part as
aforesaid.*^
VI. And whereas an opinion hath long prevailed among divers of
the good people of this State that voting at elections by ballot would
tend more to preserve the liberty and equal freedom of the people
than voting viva voce: To the end, therefore, that a fair experiment
be made, which of those two methods of voting is to be preferred —
Be it ordained^ That as soon as may be after the termination of the
present war between the United States of America and Great Britain,
an act or acts be passed by the legislature of this State for causing
all elections thereafter to be held in this State for senators and repre-
sentatives 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 inconveniences and mischiefs, unforseen 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 constitutional for the legis-
lature to abolish the same, provided two-thirds of the members pres-
ent in each house, respectively, shall concur therein. And further,
that, during the continuance of the present war, and until the legis-
lature of this State shall provide for the election of senators and
representatives in assembly by ballot, the said election shall be made
viva voce.
VII. That every male inhabitant of full age, who shall have per-
sonally 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, possess-
ing a freehold of the value of twenty pounds, within the said county,
or have rented a tenement therein of the yearly value of forty shil-
lings, and been rated and actually paid taxes to this State : Provided
always^ That every person who now is a freeman of the city of Al-
bany, or who was made a freeman of the city of New York on or
before the fourteenth day of October, in the year of our Lord one
«* See amendments.
* The first act under this clause was passed March 27,1778, and introduced the
practice of voting by ballot for governor and lieutenant-governor only, but re-
tained the viva voce method for senators and assemblymen. By an act of Febru-
ary 13, 1787, the mode of voting by ballot for the latter was introduced. The
boxes containing the ballots for governor, lieutenant-governor, and senators were
returned by the sheriffs to the secretary of state, to be canvassed by a joint
committee of the legislature, until March 27, 1799, when the system of inspection
and canvassing by local wards was introduced. — Hough,
New York— 1777 2631
thousand seven hundred and seventy-five, and shall be actually and
usually resident in the said cities, respectively, shall be entitled to
vote for representatives in assembly within his said place of residence.
VIII. That every elector, before he is admitted to vote, shall, if
required by the returning-officer or either of the inspectors, take an
oath, or, if of the people called Quakers, an affirmation, of allegiance
to the State.
IX. That the assembly, thus constituted, shall choose their own
speaker, be judges of their oAvn members, and enjoy the same privi-
leges, and proceed in doing business in like manner as the assemblies
of the colony of New York of right formerly did; and that a majority
of the said members shall, from time to time, constitute a house, to
proceed upon business.
X. And this convention doth further, in the name and by the au-
thority of the good people of this State, ordain, determine, and de^
clare, 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 manner : That
so much of this State as is now parcelled into counties be divided
into four great districts; the southern district to comprehend the
city and county of New York, Suffolk, Westchester, Kings, Queens,
and Richmond Counties ; the middle district to comprehend the coun-
ties of Dutchess, Ulster, and Orange; the western district, the city
and county of Albany, and Tryon County; and the eastern district,
the counties of Charlotte, Cumberland, and Gloucester. That the
senators shall be elected by the freeholders of the said districts, quali-
fied as aforesaid, in the proportions following, to wit : in the southern
district, nine ; in the middle district, six ; in the western district, six ;
and in the eastern district, three. And be it ordained, that a census
shall be taken, as soon as may be after the expiration of seven years
from the termination of the present war, under the direction of the
legislature; and if, on such census, it shall appear that the number
01 senators is not justly proportioned to the several districts, that
the legislature adjust the proportion, as near as may be, to the num-
ber of freeholders, qualified as aforesaid, in each district." That
when the number of electors, w^ithin any of the said districts, shall
have increased one twenty-fourth part of the whole number of elect-
ors, 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 aforesaid shall
be necessary to constitute a senate sufficient to proceed upon business ;
^^H niai
« Under this clause, a new arrangement of senatorial districts was made Feb-
ruary 7, 1791 ; March 4, 1796 ; and April 17, ISl^.— Hough.
2632 New York— 1777
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
necessar3^
XIII. And this convention doth further, in thejiame and by the
authority of the good people of this State, ordaiiij;, determine, and
declare, that no member of this State shall be disfrgtnchrse^d,~<ir de-
prived of any the rights or privileges secured ta.the^ubjects of) this
State by this constitution, unless by the law of the lajd, or th^-judg-
ment of his peers. ^
XIV. That neither the assembly or 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 preference of both, and be managed by commit-
tees, to be by them respectively chosen by ballot. That the doors,
both of the senate and assembly, shall at all times be kept open to
all persons, except when the welfare of the State shall require their
debates to be kept secret. And the journals of all their proceedings
shall be kept in the manner heretofore accustomed by the general
assembly of the colony of New York ; and except such parts as they*
shall, as aforesaid, respectively determine not to make public be from
day to day (if the business of the legislature will permit) published.
XVI. It is nevertheless provided, that the number of senators shall
never exceed one hundred, nor the number of the assembly three hun-
dred ; but that whenever the number of senators shall amount to one
hundred, or of the assembly to three hundred, then and in such case
the legislature shall, from time to time thereafter, by laws for that
purpose, apportion and distribute the said one hundred senators and
three hundred representatives among the great districts and counties
of this State, in proportion to the number of their respective electors ;
so that the representation of the good people of this State, both in the
senate and assembly, shall forever remain proportionate and ade-
quate."
XVII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare that the supreme executive power and authority of this State
shall be vested in a governor; and that statedly, once in every three
years, and as often as the s^at of government shall become vacant,
a wise and descreet freeholder of this State shall be, by ballot, elected
governor, by the freeholders of this State, qualified, as before de-
scribed, to elect senators ; which elections shall be always held at the
times and places of choosing representatives in assembly for each
respective county ; and that the person who hath the greatest number
of votes within the said State shall be governor thereof.
XVIII. That the governor shall continue in office three years, and
shall, by virtue of his office, be general and commander-in-chief of all
the militia, and admiral of the navy of this State ; that he shall have
power to convene the assembly and senate on extraordinary occasions ;
to prorogue them from time to time, provided such prorogations shall
o See amendment.
I
New York— 1777 2633
not exceed sixty days in the space of any one year ; and, at his dis-
cretion, to grant reprieves and pardons to persons convicted of
crimes, other than treason or murder, in which he may suspend the
execution of the sentence, until it shall be reported to the legislature at
their subsequent meeting; and they shall either pardon or direct the
execution of the criminal, or grant a further reprieve.
XIX. That it shall be the duty of the governor to inform the leg-
islature, at every session, of the condition of the State, so far as may
respect his department; to recommend such matters to their consid-
eration as shall appear to him to concern its good government, wel-
fare, and prosperity; to correspond with the Continental Congress,
and other States; to transact all necessary business with the officers
of government, civil and military; to take care that the laws are
faithfully executed to the best of his ability; and to expedite all
such measures as may be resolved upon by the legislature.
XX. That a lieutenant-governor shall, at every election of a gover-
nor, and as often as the lieutenant-governor shall die, resign, or be re-
moved from office, be elected in the same manner with the governor,
to continue in office until the next election of a governor; and such
lieutenant-governor shall, by virtue of his office, be president of the
senate, and, upon an equal division, have a casting voice in their de-
cisions, but not vote on any other occasion. And in case of the im-
peachment of the governor, or his removal from office, death, resigna-
tion, or absence from the State, the lieutenant-governor shall exercise
all the power and authority appertaining to the office of governor
until another be chosen, or the governor absent or impeached shall re-
turn or be acquitted : Provided^ That where the governor shall, with
the consent of the legislature, be out of the State, in time of war, at
the head of a military force thereof, he shall still continue in his com-
mand of all the military force of this 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 senators shall have power to elect one of their own
members to the office of president or the senate, which he shall exer-
cise pi'o hac vice. And if, during such vacancy of the office of gov-
ernor, the lieutenant-governor shall be impeached, displaced, resign,
die, or be absent from the State, the president of the senate shall, in
like manner as the lieutenant-governor, administer the government,
until others shall be elected by the suffrage of the people, at the suc-
ceeding 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: Provided^ that he
shall not be elected out of either branch of the legislature.
XXIII. That all officers, other than those who, by this constitution,
are directed to be otherwise appointed, shall be appointed in the man-
ner following, to wit : The assembly shall, once in every year, openly
noininate and appoint one of the senators from each great district,
which senators shall form a council for the appointment of the said
officers, of which the governor for the time being, or the lieutenant-
governor, or the president of the senate, when they shall respectively
administer the government, shall be president and have a casting
voice, but no other vote ; and with the advice and consent of the said
2634 New York— 1777
council, shall appoint all the said officers; and that a majority of the
said council be a quorum.*^ And further, the said senators shall not
be eligible to the said council for two years successively.
XXIV. That all military officers be appointed during pleasure;
that all commissioned officers, civil and military, be commissioned by
the governor; and that the chancellor, the judges of the supreme
court, and first judge of the county court in every county, hold their
offices during good behavior or until they shall have respectively at-
tained the age of sixty years.
XXy. That the chancellor and judges of the supreme court shall
not, at the same time, hold any other office, excepting that of Dele-
gate to the general Congress, upon special occasions ; and that the first
judges of the county courts, in the several counties, shall not, at the
same time, hold any other office, excepting that of Senator or Dele-
gate to the general Congress. But if the chancellor, or either of the
said judges, be elected or appointed to any other office, excepting as
is before excepted, it shall be at his option in which to serve.
XXVI. That sheriffs and coroners be annually appointed ; and that
no person shall be capable of holding either of the said offices more
than four years successively; nor the sheriff of holding any other
office at the same time.
XXVII. And he 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 pro-
bate, 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 appointed as aforesaid.
And that all attorneys, solicitors, and counsellors at law hereafter
to be appointed, be appointed by the court, and licensed by the first
judge of the court in which they shall respectively plead or prac-
tise, and be regulated by the rules and orders of the said courts.
XXVIII. And he 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, and
collectors, and all other officers, heretofore eligible by the people,
shall always continue to be so eligible, in the manner directed by the
present or future acts of legislature.
That loan officers, county treasurers, and clerks of the supervisors,
continue to be appointed in the manner directed by the present or
future acts of the legislature.
XXX. That Delegates to represent this State in the general Con-
gress of the United States of America be annually appointed as fol-
lows, to wit: The senate and assembly shall each openly nominate
as many persons as shall be equal to the whole number of Delegates
to be appointed; after which nomination they shall meet together,
and those persons named in both lists shall be Delegates ; and out of
o See amendment.
New York— 1777 2635
those persons whose names are not on 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 oi all laws shall be as follows, to wit : '^Be
it enacted hy the people of the State of New York^ represented in
senate and assembly; and that all writs and other proceedings shall
run in the name of " The people of the State of Xew York," and be
tested in the name of the chancellor, or chief judge of the court from
whence they shall issue.
XXXII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare, that a court shall be instituted for the trial of impeachments,
and the correction of errors, under the regulations which shall be
established by the legislature; and to consist of the president of the
senate, for the time being, and the senators, chancellor, and judges of
the supreme court, or the major part of them; except that when an
impeachment shall be prosecuted against the chancellor, or either of
the judges of the supreme court, the person so impeached shall be
suspended from exercising his office until his acquittal; and, in like
manner, when an appeal from a decree in equity shall be heard, the
chancellor shall inform the court of the reasons of his decree, but
shall not have a voice in the final sentence. And if the cause to be
determined shall be brought up by writ of error, on a question of law,
on a judgment in the supreme court, the judges of that court shall
assign the reasons of such their judgment, but shall not have a voice
for its affirmance or reversal.
XXXIII. That the power of impeaching all officers of the State,
for mal and corrupt conduct in their respective offices, be vested in the
representatives of the people in assembly ; but that it shall always be
necessary that two third parts of the members present shall consent to
and agree in such impeachment. That previous to the trial of every
impeachment, the members of the said court shall respectively be
sworn truly and impartially to try and determine the charge in
question, according to evidence; and that no judgment of the said
court shall be valid unless it be assented to by two third parts of
the members then present; nor shall it extend farther than to re-
moval from office, and disqualification to hold or enjoy any place
of honor, trust, or profit under this State. But the party so con-
victed shall be, nevertheless, liable and subject to indictment, trial,
judgment, and punishment, according to the laws of the land.
XXXIV. And it is further ordained^ That in every trial on im-
peachment, or indictment for crimes or misdemeanors, the party
impeached or indicted shall be allowed counsel, as in civil actions.
XXXV. And this convention doth further, in the name and by the
authority of the good people of this' State, ordain, determine, and
declare that such parts of the common law of England, and of the
statute law of England and Great Britain, and of the acts of the
legislature of the colony of New York, as together did form the law
of the said colony on the 19th day of April, in the year of our
Lord one thousand seven hundred and seventy-five, shall be and
continue the law of this State, subject to such alterations and pro-
visions as the legislature of this State shall, from time to time, make
concerning the same. That such of the said acts, as are temporary,
^K contini
^B visions
2636 New York— 1771
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 con-
strued to establish or maintain any particular denomination of Chris-
tians or their ministers, or concern the allegiance heretofore yielded
to, and the supremacy, sovereignty, government, or prerogatives
claimed or exercised by, the King of Great Britain and his prede-
cessors, over the colotiy of New York and its inhabitants, or are
repugnant to this constitution, be, and they hereby are, abt^dgated 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 he it further ordained^ That all grants of lands
within this State, made by the King of Great Britian, or persons act-
ing under his authority, after the fourteenth day of October, one
thousand seven hundred and seventy-five, shall be null and void;
but that nothing in this constitution contained shall be construed to
affect any grants of land within this State, made by the authority of
the said King or his predecessors, or to annul any charters to bodies-
politic by him or them, or any of them, made prior to that day. And
that none of the said charters shall be adjudged to be void by reason
of any non-user or misuser of any of their respective rights or privi-
leges between the nineteenth day of April, in the year of our Lord
one thousand seven hundred and seventy-five and the ])ublication of
this constitution. And further, that all such of the officers described
in the said charters respectively as, by the terms of the said charters,
were to be appointed by the governor of the colony of New York,
with or without the advice and consent of the council of the said
King, in the said colony, shall henceforth be appointed by the council
established by this constitution for the appointment of officers in this
State, until otherwise directed by the legislature.
XXXVII. And whereas it is of great importance to the safety of
this State that peace and amity with the Indians within the same
be at all times supported and maintained ; and whereas the frauds too
often practised towards the said Indians, in contracts made for their
lands, have, in divers instances, been productive of dangerous dis-
contents and animosities: Be it ordained, that no purchases or con-
tracts for the sale of lands, made since the fourteenth day of October,
in the year of our Lord one thousand seven hundred and seventy-five,
or which may hereafter be made with or of the said Indians, within
the limits of this State, shall be binding on the said Indians, or
deemed valid, unless made under the authority and with the consent
of the legislature of this State.
XXXVIII. And whereas we are required, by the benevolent prin-
ciples of rational liberty, not only to expel civil tyranny, but also to
guard against that spiritual oppression and intolerance wherewith
the bigotry and ambition of weak and wicked priests and princes
have scourged mankind, this convention doth further, in the name
New York— 1777 2637
and by the authority of the good people of this State, ordain, de-
termine, and declare, that the free exercise and enjoyment of re-
ligious profession and worship, without discrimination or preference,
shall forever hereafter be allowed, within this State, to all mankind :
Provided^ That the liberty of conscience, hereby granted, shall not
be so construed as to excuse acts of licentiousness, or justify prac-
tices inconsistent with the peace or safety of this State.
XXXIX. And whereas the ministers of the gospel are, by their
profession, dedicated to the service of God and the care of souls, and
ought not to be diverted from the great duties of their function;
therefore, no minister of the gospel, or priest of any denomination
whatsoever, shall, at any time hereafter, under any pretence or de-
scription 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 ahvays be in a condition of defence ; and it
is the duty of every man who enjoys the protection of society to be
prepared and willing to defend it; this convention therefore, in the
name and by the authority of the good people of this State, doth
ordain, determine, and declare that the militia of this State, at all
times hereafter, as well in peace as in war, shall be armed and disci-
plined, and in readiness for service. That all such of the inhabitants
of this State being of the people called Quakers as, from scruples of
conscience, may be averse to the bearing of arms, be therefrom 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 here-
after, at the expense of this State, and by acts of the legislature,
established, maintained, and continued in every county in this State.
XLI. And this convention doth further ordain, determine, and
declare, in the name and by the authority of the good people of this
State, that trial by jury, in all cases in w^hich it hath heretofore been
used in the colony of New York, shall be established and remain
inviolate forever. And that no acts of attainder shall be passed by
the legislature of this State for crimes, other than those committed
before the termination of the present war; and that such acts shall
not work a corruption of blood.^ And further, that* the legislature of
this State shall, at no time hereafter, institute any new court or courts,
but such as shall proceed according to the course of the common law.
XLII. And this convention doth further, in the name and by the
authority of the good people of this State, ordain, determine, and
declare that it shall be in the discretion of the legislature to natural-
ize 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 tjiis State,
»This exemption-fee was fixed at £10 per annum- by the act'of April 3, 1778,
organizing the militia of the State. — Hough.
ft By an act of October 23, 1770, fifty-eight persons, of whom three were females,
were attainted and banished from the State for adherence to the enemy. This
is the only act passed under the above clause. — Hough.
2638 New York— 1801
shall take an oath of allegiance to this State, and abjure and renounce
all allegiance and subjection to all and every foreign king, prince,
potentate, and State in all matters, ecclesiastical as well as civil.'^
By order.
Leonard Gansevoort,
President pro tempore.
AMENDMENTS TO THE CONSTITUTION OF 1777 * ^
In Convention of Delegates,
Albany, October 27, 1801.
Whereas the legislature of this State, by their act passed the sixth
day of April last, did propose to the citizens of this State to elect by
ballot delegates to meet in convention, " fpr the purpose of consider-
ing the parts of the constitution of this State respecting the number
of senators and members of assembly in this State, and with powder
to reduce and limit the number of them as the said convention might
deem proper ; and also for the purpose of considering and determin-
ing the true construction of the twenty-third article of the constitu-
tion of this State, relative to the right of nomination to office ; "
And -whereas the people of this State have elected the members of
this convention for the purpose above expressed ; and this convention
having maturely considered the subjects thus submitted to their de-
termination, do, in the name and by the authority of the people of this
State, ordain, determine, and declare :
I. That the number of the mejnbers of the assembly hereafter to be
elected shall be one hundred, and shall never exceed one hundred and
fifty.
II. That the legislature at their next session shall apportion the
said one hundred meinbers of the assembly among the several counties
of this State, as nearly as may be, according to the number of electors
v^hich shall be found to be in each county by the census directed to
be taken in the present year.
III. That from the first Monday in July next, the number of the
senators shall be permanently thirty-two, and that the present number
of senators shall be reduced to thirty-two in the following manner,
that is to say: The seats of the eleven senators composing the first
class, whose time of service will expire on the first Monday in July
next, shall not be filled up; and out of the second class the seats of
one senator from the middle district and of one senator from the
* See " Journal of the Convention of the State of New York, Begun and held
at the city of Albany on the 13th Day of October, 1801. Albany: Printed by
John Barber, Printer to the Convention, MDCCCI." pp. 42.
o The custom of naturalizing aliens by special act was first introduced by the
colonial general assembly in 1717, and was continued by the State legislature
until the adoption of the Federal Constitution in 1789. After that date the
right to hold land upon declaring an intention to become naturalized was granted
by special act until 1825, when a general law for this purpose was passed. —
Hough.
6 These amendments were framed by a convention which assembled at Albany
October 13, 1801, and terminated its labors October 27, 1801. They were not
submitted to the people for ratification.
New York— 1801-1821 2639
southern district shall be vacated by the senators of those districts be-
longing to that class casting lots among themselves ; out of the third
class, the seats of two senators from the middle district and of one
senator from the eastern district, shall be vacated in the same manner ;
out of the fourth class, the seats of one senator from the middle dis-
trict, of one senator from the eastern district, and of one senator from
the western district shall be vacated in the same manner ; and if any
of the said classes shall neglect to cast lots, the senate shall in such
case proceed to cast lots for such class or classes so neglecting. And
that eight senators shall be chosen at the next election in such districts
as the legislature shall direct, for the purpose of apportioning the
whole number of senators amongst the four great districts of this
State, as nearly as may be, according to the number of electors quali-
fied to vote for senators, which shall be found to be in each of the said
districts by the census above mentioned; which eight senators so to
be chosen shall form the first class.
IV. That from the first Monday in July next, and on the return of
every census thereafter, the number of the assembly shall be increased
at the rate of two members for every year, until the whole number
shall amount to one hundred and fifty ; and that upon the return of
every such census, the legislature shall apportion the senators and
members of the assembly amongst the great districts and counties of
this State, as nearly as may be, according to the number of their
respective electors : Provided, That the legislature shall not be pro-
hibited by anything herein contained from allowing one member of
assembly to each county heretofore erected within this State.
V. And this convention do further, in the name and by the authority
of the people of this State, ordain, determine, and declare, that by
the true construction of the twenty-third article of the constitution
of this State, the right to nominate all officers, other than those who
by the constitution are directed to be otherwise appointed, is vested
concurrently in the person administering the government of this
State for the time being and in each of the members of the council of
appointment.
By order.
Attest : A. Burr, President
James Van Ingen,
Joseph Constant,
Secretaries.
CONSTITUTION OF NEW YORK— 1821 * «
We, the people of the State of New York, acknowledging with
gratitude the grace and beneficence of God in permitting us to make
choice of our form of government, do establish this constitution.
* See " Report of the Debates and Proceedings of the Convention of the State
of New York Held at the Capitol, in the City of Albany, on the 28th day of
August, 1821. By L. H. Clarke, New York: Printed by J. Seymour, 49 John
Street. Nov. 1821." pp. 354-359.
"Journal of the Convention of the State of New^-York. Begun and held at
the Capitol in the City of Albany, on the twenty-eighth Day of August, 1821.
Albany : Printed by Contiur and Leake, Printers to the State. 1821." pp. 564.
"Reports of the Proceedings and Debates of the Convention of 1821, assem-
2640 New York— 1821
Article I
Section 1. The legislative power of this State shall be vested in a
senate and assembly.
Sec. 2. The senate shall consist of thirty-two members. The sen-
ators shall be chosen for four years, and shall be freeholders. The
assembly shall consist of one hundred and twenty-eight members,
who shall be annually elected.
Sec. 3. A majority of each house shall constitute a quorum to do
business. Each house shall determine the rules of its own proceed-
ings, and be the judge of the qualifications of its own members.
Each house shall choose its own officers; and the senate shall choose
a temporary president when the lieutenant-governor shall not attend
as president or shall act as governor.
Sec. 4. Each house shall keep a journal of its proceedings, and
publish the same, except such parts as may require secrecy. The
doors of each house shall be kept open, except when the public wel-
fare shall require secrecy. Neither house shall, without the consent
of the other, adjourn for more than two days.
Sec. 5. The State shall be divided into eight districts, to be called
senate districts, each of which shall choose four senators.
The first district shall consist of the counties of Suffolk, Queens,
Kings, Kichmond, and New York.
The second district shall consist of the counties of Westchester,
Putnam, Dutchess, Eockland, Orange, Ulster, and Sullivan.
The third district shall consist of the counties of Greene, Columbia,
Albany, Rensselaer, Schoharie, and Schenectady.
The fourth district shall consist of the counties of Saratoga, Mont-
gomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin,
and Saint Lawrence.
The fifth district shall consist of the counties of Herkimer, Oneida,
Madison, Oswego, Lewis, and Jefferson.
The sixth district shall consist of the counties of Delaware, Otsego,
Chenango, Broome, Cortland, Tompkins, and Tioga.
The seventh district shall consist of the counties of Onondaga,
Cayuga, Seneca, and Ontario.
The eighth district shall consist of the counties of Steuben, Liv-
ingston, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and
Chatauque.
And as soon as the senate shall meet, after the first election to be
held in pursuance of this constitution, they shall cause the senators
to be divided by lot into four classes of eight in each, so that every
district shall have one senator of each class; the classes to be num-
bered one, two, three, and four. And the seats of the first class shall
be vacated at the end of the first year ; of the second class, at the end
of the second year ; of the third class, at the end of the third year ;
bled for the purpose of amending the Constitution of the State of New York :
containing all the official Documents, relating to the Subject, and other valu-
able matter. By Nathaniel H. Carter and William L. Stone, Reporters; and
Marcus T. C. Gould, Stenographer. Albany: Printed and Published by E. and
E. Hosford. 1821." pp. 659-670.
a This constitution was framed by a convention which assembled at Albany
August 28, 1821, and completed its labors November 10, 1821. It was ratified
in February, 1822, receiving 74,732 votes against 41,402 votes.
New York— 1821 2641
of the fourth class, at the end of the fourth year, in order that one
senator be annually elected in each senate district.
Sec. 6. An enumeration of the inhabitants of the State shall be
taken, under the direction of the legislature, in the year one thousand
eight hundred and twenty-five, and at the end of every ten years
thereafter; and the said districts shall be so altered by the legisla-
ture, at the first session after the return of every enumeration, that
each senate district shall contain, as nearly as may be, an equal num-
ber of inhabitants, excluding aliens, paupers, and persons of color
not taxed; and shall remain unaltered until the return of another
enumeration, and shall at all times consist of contiguous territory;
and no county shall be divided in the formation of a senate district.
Sec. T. The members of the assembly shall be chosen by counties,
and shall be apportioned among the several counties of the State, as
nearly as vrniy be, according to the numbers of their respective inhab-
itants, excluding aliens, paupers, and persons of color not taxed. An
apportionment of members of assembly shall be made by the legisla-
ture, at its first session after the return of every enumeration; and
when made, shall remain unaltered until another enumeration shall
have been taken. But an apportionment of members of the assembly
shall be made by the present legislature, according to the last enumer-
ation taken under the authority of the United States, as nearly as
may be. Every county heretofore established, and separately organ-
ized, shall always be entitled to one member of the assembly ; and no
new county shall hereafter be erected, unless its population shall en-
title it to a member.
Sec. 8. Any bill may originate in either house of the legislature;
and all bills passed by one house may be amended by the other.
Sec. 9. The members of the legislature shall receive for their serv-
ices a compensation to be ascertained by law, and paid out of the pub-
lic treasury; but no increase of the compensation shall take effect
during the year in w^hich it shall have been made. And no law shall
be passed increasing the compensation of the members of the legisla-
ture beyond the sum of three dollars a day.
Sec. 10. No member of the legislature shall receive any civil ap-
pointment from the governor and senate, or from the legislature, dur-
ing the term for which he shall have been elected.
Sec. 11. No person being a member of Congress, or holding any
judicial or military office under the United States, shall hold a seat in
the legislature. And if any person shall, while a member of the
legislature, be elected to Congress, or appointed to any office, civil or
military, under the Government of the United States, his acceptance
thereof shall vacate his seat.
Sec. 12. Every bill which shall have passed the senate and assembly
shall, before it become a law^, be presented to the governor; if he ap-
prove, he shall sign it; but if not, he shall return it with his ob-
jections to that house in which it shall have originated; who shall
enter the objections at large on their journal, and proceed to recon-
sider it. If after such reconsideration two-thirds of the members
present shall agree to pass the bill, it shall be sent, together with the
objections, to the other house, by which it shall likewise be reconsid-
ered ; and if approved by two- thirds of the members present, it shall
become a law. But in all such cases the votes of both houses shall
2642 New York— 1821
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 pre-
sented to him, the same shall be a law in like manner as if he had
signed it, unless the legislature shall, by their adjournment, prevent
its return ; in which case it shall not be a law.
Sec. 13. All officers holding their offices during good behavior may
be removed by joint resolution of the two houses of the legislature,
if two-thirds of all the members elected to the assembly and a ma-
jority of all the members elected to the senate concur therein.
Sec. 14. The political year shall begin on the first day of January ;
and the legislature shall, every year, assemble on the first Tuesday of
January, unless a different day shall be appointed by law.
Sec. 15. The next election for governor, lieutenant-governor, sen-
ators and members of assembly, shall commence on the first Monday
of November, one thousand eight hundred and twenty-two; and all
subsequent elections shall be held at such time in the month of Oc-
tober or November as the legislature shall by law provide.
Sec. 16. The governor, lieutenant-governor, senators and members
of asse^mbly, first elected under this constitution, shall enter on the
duties of their respective offices on the first day of January, one
thousand eight hundred and twenty-three; and the governor, lieu-
tenant-governor, senators and members of assembly, now in office,
shall continue to hold the same until the first day of January, one
thousand eight hundred and twenty-three, and no longer.
Article II
Section 1. Every male citizen of the age of twenty-one years, who
shall have been an inhabitant of this State one year preceding any
election, and for the last six months a resident of the town or county
where he may offer his vote; and shall have, within the year next
preceding the election, paid a tax to the State or county, assessed
upon his real* or personal property; or shall by law be exempted
from taxation ; or being armed and equipped according to law, shall
have performed within that year military duty in the militia of this
State; or who shall be exempted from performing militia duty in
consequence of being a fireman in any city, town, or village in this
State; and also, every male citizen of the age of twenty-one years,
who shall have been, for three years next preceding such election, an
inhabitant of this State ; and for the last year a resident in the town
or county where he may offer his vote; and shall have been, within
the last year, assessed to labor upon the public highways, and shall
have performed the labor, or paid an equivalent therefor, according
to law, shall be entitled to vote in the town or ward where he actually
resides, and not elsewhere, for all officers that now are, or hereafter
may be, elective by the people; ° but no man of .color, unless he shall
have been for three years a citizen of this State, and for one year
next preceding any election shall be seized and possessed of a free-
hold estate of the value of two hundred and fifty dollars, over and
above all debts and incumbrances charged thereon, and shall have
o See amendment.
New York— 1821 2643
been actually rated, and paid a tax thereon, shall be entitled to vote
at any such election. And no person of color shall be subject to
direct taxation unless he shall be seized and possessed of such real
estate as aforesaid.
Sec. 2. Laws may be passed excluding from the right of suffrage
persons who have been or may be convicted of infamous crimes.
Sec. 3. Laws shall be made for ascertaining, by proper proofs, the
citizens who shall be entitled to the right of suffrage hereby estab-
lished.
Sec. 4. All elections by the citizens shall be by ballot, except for
such town officers as may by law be directed to be otherwise chosen.
Article III
Section 1. The executive power shall be vested in a governor. He
shall hold his office for two years; and a lieutenant-governor shall
be chosen at the same time and for the same term.
Sec. 2. No person, except a native citizen of the United States,
shall be eligible to the office of governor; nor shall any person be
eligible to that office who shall not be a freeholder, and shall not have
attained the age of thirty years, and have been five years a resident
within this State ; unless he shall have been absent during that time
on public business of the United States or of this State.
Sec. 3. The governor and lieutenant-governor shall be elected at
the times and places of choosing members of the legislature. The
persons respectively having the highest number of votes for governor
and lieutenant-governor shall be elected; but in case two or more
shall have an equal and the highest number of votes for governor or
for lieutenant-governor, the two houses of the legislature shall, by
joint ballot, choose one of the said persons so having an equal and
the highest number of votes for governor or lieutenant-governor.
Sec. 4. The governor shall be general and commander-in-chief of
all the militia and admiral of the navy of the State. He shall have
power to convene the legislature (or the, senate only) on extraor-
dinary occasions. He shall communicate by message to the legisla-
ture at every session the condition of the State, and recommend such
matters to them as he shall judge expedient. He shall transact all
necessary business with the officers of government, civil and military.
He shall expedite all such measures as may be resolved upon by the
legislature, and shall take care that the laws are faithfully executed.
He 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.
Sec. 5. The governor shall have power to grant reprieves and par-
dons, after conviction, for all offences, except treason and cases of
impeachment. Upon convictions for treason, he shall have power to
suspend the execution of the sentence, until the case shall be reported
to the legislature at its next meeting, when the legislature shall either
pardon or direct the execution of the criminal, or grant a farther
reprieve.
Sec. 6. In case of the impeachment of the governor, or his removal
from office, death, resignation, or absence from the State, the powers
and duties of the office shall devolve upon the lieutenant-governor
for the residue of the term, or until the governor absent or impeached
7254— VOL 5—09 8
2644 New York— 1821
shall return or be acquitted. But when the governor shall, with the
consent of the legislature, be out of the State, in time of war, at the
head of a military force thereof, he shall still continue commander-
in-chief of all the military force of the State.
Sec. 7. The lieutenant-governor shall be president of the senate,
but shall have only a casting vote therein. If, during a 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 act as governor, until the A^acancy shall be filled or the
disability shall cease.
Article IV
Section 1. Militia officers shall be chosen or appointed as follows:
Captains, subalterns, and non-commisisoned officers shall be chosen
by the written votes of the members of their respective companies;
field-officers of regiments and separate battalions, by the written votes
of the commissioned officers of the respective regiments and separate
battalions ; brigadier-generals, by the field-officers of their respective
brigades; major-generals, brigadier-generals, and commanding offi-
cers of regiments or separate battalions shall appoint the staff-officers
of their respective divisions, brigades, regiments, or separate bat-
talions.
Sec. 2. The governor shall nominate and, with the consent of the
senate, appoint all major-generals, brigade-inspectors, and chiefs of
the staff departments, except the adjutant-general and commissary-
general. The adjutant-general shall be appointed by the governor.
Sec. 3. The legislature shall by law direct the time and manner of
electing militia officers, and of certifying their elections to the gov-
ernor.
Sec. 4. The commissioned officers of the militia shall be commis-
sioned by the governor, and no commissioned officer shall be removed
from office, unless by the senate on the recommendation of the gov-
ernor, stating the grounds on which such removal is recommended,
or by the decision of a court-martial, pursuant to law. The pres-
ent officers of the militia shall hold their commission, subject to re-
moval as before provided.
Sec. 5. In case the mode of election and appointment of militia
officers, hereby directed, shall not be found conducive to the improve-
ment of the militia, the legislature may abolish the same, and provide
by law for their appointment and removal, if two-thirds of the
members present in each house shall concur therein.
Sec. 6. The secretary of state, comptroller, treasurer, attorney-gen-
eral, surveyor-general, and commissary-general shall be appointed as
follows: The senate and assembly shall each openly nominate one
person for the said offices respectively; after which they shall meet
together, and if they shall agree in their nominations, the person so
nominated shall be appointed to the office for which he shall be nomi-
nated. If they shall disagree, the appointment shall be made by the
joint ballot of the senators and members of assembly. The treasurer
shall be chosen annually. The secretary of state, comptroller, attor-
ney-general, surveyor-general, and commissary-general shall hold
their offices for three years, unless sooner removed by concurrent
resolution of the senate and assembly.
New York— 1821 2645
Sec. T. The governor shall nominate, by message, in writing, and
with the consent of the senate shall appoint, all judicial officers,
except justices of the peace, who shall be appointed in manner fol-
lowing, that is to say : The board of supervisors in every county in
this State shall, at such times as the legislature may direct, meet
together; and they, or a majority of them so assembled, shall nomi-
nate so many persons as shall be equal to the number of justices of
the peace to be appointed in the several towns in the respective
counties. And the judges of the respective county courts, or a
majority of them, shall also meet and nominate a like number of per-
sons; and it shall be the duty of the said board of supervisors and
judges of county courts to compare such nominations, at such time
and place as the legislature may direct. And if on such comparison
the said boards of supervisors and judges of county courts shall agree
in their nominations, in all or in part, they shall file a certificate of
the nominations in which they shall agree in the office of the clerk of
the county; and the person or persons named in such certificates
shall be justices of the peace. And in case of disagreement in whole
or in part, it shall be the further duty of the said boards of super-
visors and judges respectively to transmit their said nominations,
so far as they disagree in the same, to the governor, who shall select
from the said nominations and appoint so many justices of the peace
as shall be requisite to fill the vacancies.**
Every person appointed a justice of the peace shall hold his office
fur four years, unless removed by the county court, for causes par-
ticularly assigned by the judges of the said court. And no justice
of the peace shall be removed until he shall have notice of the
charges made against him, and an opportunity of being heard in his
defence.
Sec. 8. Sheriffs and clerks of counties, including the register and
clerk of the city and county of New York, shall be chosen by the
electors of the respective counties once in every three years, and as
often as vacancies shall happen. Sheriffs shall hold no other office,
and be ineligible for the next three years after the termination of
their offices. They may be required by law to renew their security
from time to time ; and in default of giving such new security, their
offices shall be deemed vacant. But the county shall never be made
responsible for the acts of the sheriff*; and the governor may remove
any such sheriff", clerk, or register at any time within the three years
for which he shall be elected, giving to such sheriff', clerk, or register
a copy of the charge against him, and an opportunity of being heard
in his defence, before any removal shall be made.
Sec. 9. The clerks of courts, except those whose appointment
is provided for in the preceding section, shall be appointed by the
courts of which they respectively are clerks; and district attorneys
by the county courts. Clerks of courts and district attorneys shall
hold their offices for three years, unless sooner removed by the courts
appointing them.
Sec. 10. The mayors of all the cities in this State shall be ap-
pointed anually, by the common councils of the respective cities.''
Sec. 11. So many coroners as the legislature may direct, not ex-
ceeding four in each county, shall be elected in the same manner as
o See amendment.
2646 New York— 1821
sheriffs, and shall hold their offices for the same term, and be re-
movable in like manner.
Sec. 12. The governor shall nominate and, with the consent of the
senate, appoint masters and examiners in chancery; who shall hold
their offices for three years, unless sooner removed by the senate, on
the recommendation of the governor. The registers and assistant
registers shall be appointed by the chancellor, and hold their offices
during his pleasure.
Sec. 13. The clerk of the court of oyer and terminer, and general
sessions of the peace, in and for the city and county of New York,
shall be appointed by the court of general sessions of the peace in
said city, and hold his office during the pleasure of the said court;
and such clerks and other officers of courts, whose appointment is
not herein provided for, shall be appointed by the several courts, or
by the governor, with the consent of the senate, as may be directed
by law.
Sec. 14. The special justices, and the assistant justices, and their
clerks, in the city of New York, shall be appointed by the common
council of the said city; and shall hold their offices for the same
term that the justices of the peace in the other counties of this
State hold their offices, and shall be removable in like manner.
Sec. 15. All officers heretofore elective by the people shall continue
to be elected ; and all other officers whose appointment is not provided
for by this constitution, and all officers whose offices may be hereafter
created by law, shall be elected by the people, or appointed, as may
by law be directed.
Sec. 16. Where the duration of any office is not prescribed by this
constitution, it may be declared by law ; and if not so declared, such
office shall be held during the pleasure of the authority making the
appointment.
Article V
Section 1. The court for the trial of impeachments and the correc-
tion of errors shall consist of the president of the senate, the senators,
the chancellor, and the justices of the supreme court, or the major
part of them ; but when an im])eachment shall be prosecuted against
the chancellor, or any justice of the supreme court, the person so im-
peached shall be suspended from exercising his office, until his ac-
quittal ; and when an appeal from a decree in chancery shall be heard,
the chancellor shall inform the court of the reasons for his decree,
but shall have no voice in the final sentence ; and when a writ of error
shall be brought, on a judgment of the supreme court, the justices
of that court shall assign the reasons for their judgment, but shall not
have a voice for its affirmance or reversal.
Sec. 2. The assembly shall have the power of impeaching all civil
officers of this State for mal and corrupt conduct in office, and for high
crimes and misdemeanors; but a majority of all the members
elected shall concur in an impeachment. Before the trial of an im-
peachment, the members of the court shall take an oath or affirmation
truly and impartially to try and determine the charge in question
according to evidence ; and no person shall be convicted without the
concurrence of two-thirds of the members present. Judgment, in
cases of impeachment, shall not extend farther than the removal
New York— 1821 2647
from office and disqualification to hold and enjoy any office of honor,
trust, or profit under this State ; but the party convicted shall be liable
to indictment and punishment according to law.
Sec. 3. The chancellor and justices of the supreme court shall hold
their offices during good behavior, or until they shall attain the age
of sixty years.
Sec. 4. The supreme court shall consist of a chief justice and two
justices, any of whom may hold the court.
Sec. 5. The State shall be divided by law into a convenient num-
ber of circuits, not less than four nor exceeding eight, subject to alter-
ation by the legislature from time to time as the public good may
require; for each of which a circuit judge shall be appointed, in the
same manner, and hold his office by the same tenure, as the justices
of the supreme court; and who shall possess the powers of a justice
of the supreme court at chambers, and in the trial of issues joined in
the supreme court, and in courts of oyer and terminer and jail-
delivery. And such equity powers may be vested in the said circuit
judges, or in the county courts, or in such other subordinate courts
as the legislature may by law direct, subject to the appellate jurisdic-
tion of the chancellor.
Sec. G. Judges of the county courts and recorders of cities shall
hold their offices for five years, but may be renewed by the senate,
on the recommendation or the governor, for causes to be stated in
such recommendation.
Sec. 7. Neither the chancellor nor justices of the supreme court,
nor any circuit judge, shall hold any other office or public trust. All
votes for any elective office, given by the legislature or the people,
for the chancellor or a justice of the supreme court, or circuit judge,
during his continuance in his judicial office, shall be void.
Article VI
Members of the legislature and all officers, executive and judicial,
except such inferior officers as may by law be exempted, shall, before
they enter on the duties o*f their respective offices, take and subscribe
the following oath or affirmation:
" I do solemnly swear [or affirm, as the case may be] that I will
support the Constitution of the United States, and the constitution
of the State of New York; and that I will faithfully discharge the
duties of the office of according to the best of my ability."
And no other oath, declaration, or test shall be required as a quali-
fication for any office or public trust.
Article VII
Section 1. No member of this State shall be disfranchised or de-
prived of any of the rights or privileges secured to any citizen thereof,
unless by the law of the land or the judgment of his peers.
Sec. 2. The trial by jury in all cases in which it has been hereto-
fore used shall remain inviolate forever; and no new court shall be
instituted but such as shall proceed according to the course of the
common law ; except such courts of equity as the legislature is herein
authorized to establish.
2648 New York— 1821
Sec. 3. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be al-
lowed in this State to all mankind; but the liberty of conscience
hereby secured shall not be so construed as to excuse acts of licentious-
ness, or justify practices inconsistent with the peace or safety of this
State.
Sec. 4. And whereas the ministers of the gospel are, by their pro-
fession, dedicated to the service of God and the cure of souls, and
ought not to be diverted from the great duties of their functions;
therefore, no minister of the gospel, or priest of any denomination
whatsoever, shall at any time hereafter, under any pretence or de-
scription whatever, be eligible to or capable of holding any civil or
military office or place within this State.
Sec. 5. The militia of this State shall at all times hereafter be
armed and disciplined and in readiness for service; but all such in-
habitants of this State, of any religious denomination whatever, as
from scruples of conscience may be averse to bearing arms, shall be
excused therefrom by paying to the State an equivalent in money ; and
the legislature shall provide by law for the collection of such equiva-
lent, to be estimated according to the expense, in time and money, of
an ordinary able-bodied militia-man.
Sec. 6. 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 its suspension.
Sec. 7. No person shall be held to answer for a capital or otherwise
infamous crime, (except in cases of impeachment, and in cases of the
militia, when in actual service, and the land and naval forces in time
of war, or which this State may keep, with the consent of Congress,
in time of peace, and in cases of petit larceny, under the regulation of
the legislature,) unless on presentment or indictment of a grand jury;
and in every trial on impeachment or indictment, the party accused
shall be allowed counsel as in civil actions. No person shall be sub-
ject, for the same offence, to be twice put in jeopardy of life or limb ;
nor shall he be compelled, in any criminal case, to be a witness against
himself; nor be deprived of life, liberty, or property without due
process of law; nor shall private property be taken for public use
without just compensation.
Sec. 8. Every citizen may freely speak, write, and publish his
sentiments on all subjects, being responsible for the abuse of that
right ; and no law shall be passed to restrain or abridge the liberty of
speech, or of the press. In all prosecutions or indictments for libels,
the truth may be given in evidence to the jury; and if it shall appear
to the jury that the matter charged as libellous is true, and was pub-
lished with good motives and for justifiable ends, the party shall be
acquitted ; and the jury shall have the right to determine the law and
the fact.
Sec. 9. The assent of two-thirds of the members elected to each
branch of the legislature shall be requisite to every bill appropriating
the public moneys or property for local or private purposes, or
creating, continuing, altering, or renewing any body politic or cor-
porate.
Sec. 10. The proceeds of all lands belonging to this State, except
such parts thereof as may be reserved or appropriated to public use
New York— 1821 2649
or ceded to the United States, which shall hereafter be sold or dis-
posed of, together with the fund denominated the common-school
fund, shall be and remain a perpetual fund, the interest of which shall
be inviolably appropriated and applied to the support of common
schools throughout this State. Rates of toll, not less than those
agreed to by the canal commissioners, and set forth in their report to
the legislature of the twelfth of March, one thousand eight hundred
and twenty-one, shall be imposed on and collected from all parts of
the navigable communications between the great western and northern
lakes and the Atlantic Ocean which now are or hereafter shall be
made and completed ; and the said tolls, together with the duties on
the manufacture of all salt, as established by the act of the fifteenth
of April, one thousand eight hundred and seventeen,** and the duties
on goods sold at auction, excepting therefrom the sum of thirty-three
thousand five hundred dollars, otherwise appropriated by the said
act; and the amount of the revenue, established by the act of the
legislature of the thirtieth of March, one thousand eight hundred and
twenty, in lieu of the tax upon steamboat passengers, shall be and re-
main inviolably appropriated and applied to the completion of such
navigable communications, and to the payment of the interest and
reimbursement of the capital of the money already borrowed, or
which hereafter shall be borrowed, to make and complete the same.
And neither the rates of toll on the said navigable communications,
nor the duties on the manufacture of salt aforesaid, nor the duties on
goods sold at auction, as established by the act of the fifteenth of
April, one thousand eight hundred and seventeen, nor the amount of
the revenue, established by the act of March the thirtieth, one thou-
sand eight hundred and twenty, in lieu of the tax upon steamboat
passengers shall be reduced or diverted at any time before the full
and complete payment of the principal and interest of the money bor-
rowed, or to be borrowed, as aforesaid. And the legislature shall
never sell or dispose of the salt-springs belonging to this State, nor
the lands contiguous thereto which may be necessary or convenient
for their use, nor the said navigable communications, or any part or
section thereof, but the same shall be and remain the property of this
State.-
Sec. 11. No lottery shall hereafter be authorized in this State; and
the legislature shall pass laws to prevent the sale of all lottery-tickets
within this State, except in lotteries already provided for by law.
Sec. 12. No purchase or contract for the sale of lands in this
State, made since the fourteenth day of October, one thousand seven
hundred and seventy-five, or which may hereafter be made, of or with
the Indians in this State, shall be valid, unless made under the
authority and with the consent of the legislature.
Sec. 13. Such parts of the common law, and of the acts of the leg-
islature of the colony of New York, as together did form the law of
the said colony on the nineteenth day of April, one thousand seven
hundred and seventy-five, and the resolutions of the congress of the
said colony, and of the convention of the State of New York, in force
on the twentieth day of April, one thousand seven hundred and
seventy-seven, which have not since expired, or been repealed or
« See amendment
2650 New York— 1821
altered; and such acts of the legislature of this State as are now in
force, shall be and continue the law of this State, subject to such
alterations as the legislature shall make concerning the same. But
all such parts of the common law, and such of the said acts or parts
thereof as are repugnant to this constitution, are hereby abrogated.
Sec. 14. All grants of land within this State, made by the King of
Great Britain, or persons acting under his authority, after the four-
teenth day of October, one thousand seven hundred and seventy-five,
shall be null and void; but nothing contained in this constitution
shall affect any grants of land within this State made by the author-
ity of the said King or his predecessors, or shall annul any charters
to bodies politic and corporate, by him or them made before that day ;
or shall affect any such grants or charters since made by this State,
or by persons acting under its authority ; or shall impair the obliga-
tion 01 any debts contracted by the State, or individuals, or bodies-
corporate, or any other rights of property, or any suits, actions, rights
of action, or other proceedings in courts of justice.
Article VIII
Section 1. Any amendment or amendments to this constitution
may be proposed in the senate or assembly, and if the same shall be
agreed to by a majority of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered
on their journals, with the yeas and nays taken thereon, and referred
to the legislature then next to be chosen ; and shall be published for
three months previous to the time of making such choice ; and if in
the legislature next chosen as aforesaid such proposed amendment or
amendments shall be agreed to by two-thirds of all the members
elected to each house, then it shall be the duty of the legislature to
submit such proposed amendment or amendments to the people, in
such manner and at such time as the legislature shall prescribe ; and
if the people shall approve and ratify such amendment or amend-
ments by a majority of the electors qualified to vote for members of
the legislature, voting thereon, such amejidment or amendments shall
become part of the constitution.
Article IX
Section 1. This constitution shall be in force from the last day of
December, in the year one thousand eight hundred and twenty-two.
But all those parts of the same which relate to the right of suffrage ;
the division of the State into senate districts; the number of mem-
bers of the assembly to be elected, in pursuance of this constitution ;
the apportionment of members of assembly ; the elections hereby di-
rected to commence on the first Monday of November, in the year one
thousand eight hundred and twenty-two; the continuance of the
members of the present legislature in office until the first day of Janu-
ary, in the year one thousand eight hundred and twenty-three; and
the prohibition against authorizing lotteries; the prohibition against
appropriating the public moneys or property for local or private pur-
poses, or creating, continuing, altering, or renewing any body politic
or corporate, without the assent of two-thirds of the members elected
New York—18M 2651
to each branch of the legislature, shall be in force and take effect from
the last day of February next. The members of the present legisla-
ture shall, on the first Monday of March next, take and subscribe an
oath or affirmation to support this constitution, so far as the same
shall then be in force. Sheriffs, clerks of counties, and coroners shall
be elected at the election hereby directed to commence on the first
Monday of November, in the year one thousand eight hundred and
twenty-two, but they shall not enter on the duties of their offices be-
fore the first day of January then next following.' The commissions
of all persons holding civil offices on the last day of December, one
thousand eight hundred and twenty-two, shall expire on that day,
but the officers then in commission may respectively continue to hold
their said offices until new appointments or elections shall take place
under this constitution.
Sec. 2. The existing laws relative to the manner of notifying, hold-
ing, and conducting elections, making returns, and canvassing votes
shall be in force and observed in respect to the elections hereby di-
rected to commence on the first Monday of November, in the year
one thousand eight hundred and twenty-two, so far as the same are
applicable. And the present legislature shall pass such other and
further laws as may be requisite for the execution of the provisions
of this constitution in respect to elections.
Done in convention, at the capitol in the city of iVlbany, the tenth
day of November, in the year one thousand eight hundred and
twenty-one, and of the Independence of the United States of America
the forty-sixth. In -witness whereof we have hereunto subscribed
our names.
Daniel D. Tompkins, President.
John F. Bacon,
Samuel S. Gardiner,
Secretaries,
AMENDMENTS TO THE CONSTITUTION OF 1821*
(Ratified September (5, 7, 8, 182C)
I. That the people of this State in their several towns shall, at their
annual election, and in such manner as the legislature shall direct,
elect by ballot their justices of the peace, and the justices so elected
in any town shall immediately thereafter meet together, and, in pres-
ence of the supervisor and town clerk of the said town, be divided by
lot into four classes, of one in each class, and be numbered one, two.
three, and four, and the office of number one shall expire at the end
of the first year, of number two at the end of the second year, of num-
ber three at the end of the third year, and of number four at the end
of the fourth year, in order that one justice may thereafter be annu-
ally eelcted, and that so much of the seventh section of the fourth
article of the constitution of this State as is inconsistent with this
amendment be abrogated.
* " Constitution of the State of New York, as adopted in Convention, Oct. 9,
184(>, and address of the Convention to the People; together with the Present
Constitntion. New-York, published by James S. Burnton, 274 Bowery. Albany :
From the steam press of (\-irroll & Cook, IM'inters to the Convention. 184G."
2652 New York— 1821
II. That so much of the first section of the second article of the
constitution as prescribes the qualifications of voters, other than per-
sons of color, be, and the same is hereby, abolished, and that the fol-
lowing be substituted in the place thereof : "Every male citizen of the
age of twenty-one years, who shall have been an inhabitant of this
State one year next preceding any election, and for the last six months
a resident of the county where he may offer his vote, shall be entitled
to vote in the town or ward where he actually resides, and not else-
where, for all officers that now are or hereafter may be elective by the
people."
(Ratified 1833)
III. That the duties on the manufacture of salt, as established by
the act of the fifteenth of April, one thousand eight hundred and
seventeen, and by the tenth section of the seventh article of the con-
stitution of this State, may, at any time hereafter, be reduced by an
act of the legislature of this State, but shall not, while the same is
appropriated and pledged by the said section, be reduced below the
sum of six cents upon each and every bushel, and the said duties shall
remain inviolably appropriated and applied as is provided by the
said tenth section. And that so much of the said tenth section of
the seventh article of the constitution of this State as is in<3^isistent
with this amendment be abrogated.
IV. At the end of the tenth section of the fourth article of the said
constitution add the following Avords : "Except in the, city of New
York, in which city the mayor shall be chosen annually by the electors
thereof qualified to vote for the other charter officers of the said city,
and at the time of the election of such officers."
(Ratified November, 1835)
V. Whenever a sufficient amount of money shall be collected and
safely invested for the reimbursement of such part as may then be un-
paid of the money borrowed for the construction of the Erie and
Champlain Canals, the tenth section of the seventh article of the con-
stitution of this State, as far as it relates to the amount of duties on
the manufacture of salt and the amount of duties on goods sold at
auction, shall cease and determine, and thereafter the duties on goods
sold at auction, excepting therefrom the sum of thirty-three thousand
five himdred dollars, otherwise appropriated by the act of the
fifteenth of April, one thousand eight hundred and seventeen, and the
duties on the manufacture of salt shall be restored to the general fund.
(Ratified November, 1839)
VI. Mayors of the several cities in this State may be elected an-
nually by the male inhabitants entitled to vote for members of the
common councils of such cities respectively, in such manner as the
legislature shall by law provide, and the legislature may, from time
to time, make such provision by law for the election of any one or
more such mayors; but until such provision be made by law, such
mayors (excepting the mayor of the city of New York) shall be ap-
pointed in the manner now provided by the constitution of this State ;
A
New York— 1846 2653
and so much of the tenth section of article fourth of the constitution
of this State as is inconsistent with this amendment is hereby abro-
gated.
(Ratified November, 1845)
VII. No property qualification shall be required to render a person
eligible to or capable of holding any public office or public trust in
this State.
VIII. No judicial officer shall be removed by the joint resolution
of the two houses of the legislature, or by the senate, on the recom-
mendation of the governor, unless the cause of such removal shall be
entered on the journal of both houses or of the senate, as the case
may be, and such officer, against whom the legislature or the senate
may be about to proceed, shall be served with notice thereof, accom-
panied with a copy of the causes alleged for his removal, at least
twenty days before the day on which either house shall act thereupon,
and shall have an opportunity to be heard in his defence before any
question shall be taken upon such removal; and the yeas and nays
shall be entered upon the journals of the senate or house, as the case
may be.
CONSTITUTION OF NEW YORK— 1846 « '^
We the people of the State of New York, grateful to Almighty
God for our freedom: in order to secure its blessings, do estaJblish
this Constitution.
Article I
Section 1. No member of this State shall be disfranchised, or
deprived of any of the rights or privileges secured to any citizen
thereof, unless by the law of the land, or the judgment of his peers.
Sec. 2. The trial by jury, in all cases in which it has been hereto-
fore used, shall remain inviolate forever. But a jury trial may be
waived by the parties in all civil cases in the manner to be prescribed
by law.
Sec. 8. The free exercise and enjoyment of religious profession
and worship, without discrimination or preference, shall forever
be allowed in this State to all mankind; and no person shall be
rendered incompetent to be a witness on account of his opinions
on matters of religious belief; but the liberty of conscience hereby
secured shall not be so construed as to excuse acts of licentiousness,
or justify practices inconsistent with the peace or safety of this
State.
«Tlie Constitution as adopted in 1S46 verified from "The Constitution of the
State of New York, as adopted in Convention. Oct. 9, 184G, New-York : Pub-
lished by James S. Burnton, 274 Bowery. Albany : From the Steam Press of
Carrol & (^ook. Printers to the Convention. 1SG4." 30 pp.
6 This Constitution was framed by a Convention which met .Tune 1, 184r) and
adjourned October 0, 184(1. It was submitted to the people in November,
184G, and adopted by a vote of 221.528 to 92,430.
2654 NeiD York— 18 46
Sec. 4. The privilege of the writ of haheas corpus shall not be
suspended, unless when, in cases of rebellion or invasion, the public
safety may require its suspension.
Sec. 5. Excessive bail shall not be required, nor excessive fines im-
posed, nor shall cruel and unusual punishment be inflicted, nor shall
witnesses be unreasonably detained.
Sec. 6. No person shall be held to answer for a capital or otherwise
infamous crime, (except in cases of impeachment, and in cases of
militia, when in actual service ; and the land and naval forces in time
of war, or which this State may keep with the consent of Congress in
time of peace-; and in cases of petit larceny, under the regulation of
the Legislature,) unless on presentment or indictment of a grand
jury, and in any trial in any court whatever, the party accused shall
be allowed to appear and defend in person and with counsel, as in
civil actions. No person shall be subject to be twice put in jeopardy
for the same offence ; nor shall he be compelled in any criminal case,
to be a witness against himself; nor be deprived of life, liberty or
property without due process of law: nor shall private property be
taken for public use, without just compensation.
Sec. 7. When private property shall be taken for any public use,
the compensation to be made therefor, when such compensation is
not made by the State, shall be ascertained by a jury, or by not less
than three commissioners appointed by a court of record, as shall be
prescribed by law. Private roads may be opened in the manner
to be prescribed by law ; but in every case the necessity of the road,
and the amount of all damage to be sustained by the opening thereof,
shall be first determined by a jury of freeholders, and such amount,
together with the expenses of the proceeding, shall be paid by the
person to be benefitted.
Sec. 8. Every citizen may freely speak, write, and publish his
sentiments on all subjects, being responsible for the abuse of that
right; and no law shall be passed to restrain or abridge the liberty
of speech, or of the press. In all criminal prosecutions or indict-
ments for libels, the truth may be given in evidence to the jury; and
if it shall appear to the jury, that the matter charged as libellous
is true, and was published with good motives, and for justifiable
ends, the party shall be acquitted; and the jury shall have the right
to determine the law and the fact.
Sec. 9. The assent of two-thirds of the members elected to each
branch of the Legislature, shall be requisite to every bill appropri-
ating the public moneys or property for local or private purposes.
Sec. 10. No law shall be passed, abridging the right of the people
peaceably to assemble and to petition the government, or any depart-
ment thereof, nor shall any divorce be granted, otherwise than by
due judicial proceedings, nor shall any lottery hereafter be author-
ized or any sale of lottery tickets allowed within this State.
Sec. 11. The People of this State, in their right of sovereignty,
are deemed to possess the original and ultimate property in and to
all lands within the jurisdiction of the State ; and all lands the title
to which shall fail, from a defect of heirs, shall revert, or escheat to
the people.
Sec. 12. All feudal tenures of every description, with all their in-
cidents, are declared to be abolished, saving however, all rents and
New York— me 2655
service^ certain which at any time heretofore have been lawfully
created or reserved.
Sec. 13. All lands within this State are declared to be allodial, so
that, subject only to the liability to escheat, the entire and absolute
property is vested in the owners according to the nature of their re-
spective estates.
Sec. 14. No lease or grant of agricultural land, for a longer period
than twelve years, hereafter, made in which shall be reserved any rent
or service of any kind, shall be valid.
Sec. 15. All fines, quarter sales, or other like restraints upon aliena-
tion reserved in any grant of land, hereafter to be made, shall be void.
• Sec. 16. No purchase or contract for the sale of lands in this
State, made since the fourteenth day of October one thousand seven
hundred and seventy-five; or which may hereafter be made, of, or
with the Indians, shall be valid, unless made under the authority,
and with the consent of the Legislature.
Sec. 17. Such parts of the common law, 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 nineteenth day of April one thousand seven
hundred and seventy-five, and the resolutions of the Congress of the
said colony, and oi the Convention of the State of New-York, in
force on the twentieth day of April, one thousand seven hundred and
seventy-seven, which have not since expired, or been repealed or
altered ; and such acts of the Legislature of this State as are now in
force, shall be and continue the law of this State, subject to such al-
terations as the Legislature shall make concerning the same. But all
such parts of the common law, and such of the said acts, or parts
thereof, as are repugnant to this Constitution, are hereby abrogated ;
and the Legislature, at its first session after the adoption of this Con-
stitution, shall appoint three commissioners, whose duty it shall be to
reduce into a written and systematic code the whole body of the law of
this State, or so much and such parts thereof as to the said com-
missioners shall seem practicable and expedient. And the said som-
missioners shall specify such alterations and amendments therein as
they shall deem proper, and they shall at all times make reports of
their proceedings to the Legislature, when called upon to do so ; and
the Legislature shall pass laws regulating the tenure of office, the
filling of vacancies therein, and the compensation of the said com-
missioners; and shall also provide for the publication of the said
code, prior, to its being presented to the Legislature for adoption.
Sec. 18. All grants of land within this State, made by the King of
Great Britain, or persons acting under his authority, after the four-
teenth day of October, one thousand seven hundred and seventy-five,
shall be null and void; but nothing contained in this Constitution
shall affect any grants of land within this State, made by the author-
ity of the said king or his predecessors, or shall annul any charters
to bodies politic and corporate, by him or them made, before that
day; or shall affect any such grants or charters since made by this
State, or by persons acting under its authority,, or shall impair the
obligation of any debts contracted by this State, or individuals, or
I bodies corporate, or any other rights of property, or any suits,
actions, rights of actions, or other proceedings in courts of justice.
I
2656 New York— 1846
Article II
Section 1. Every male citizen of the age of twenty-one years, who
shall have been a citizen for ten days, and an inhabitant of this State
one year next preceding any election, and for the last four months a
resident of the county where he may offer his vote, shall be entitled
to vote at such election in the election district of which he shall at
the time be a resident, and not elsewhere, for all officers that now
are or hereafter may be elective by the people; but such citizen shall
have been for thirty days next preceding the election, a resident of
the district from w^hich the officer is to be chosen for whom he offers
his vote. But no man of color, unless he shall have been for three
years a citizen of this State, and for one year next preceding any
election shall have been seized and possessed of a freehold estate of
the value of two hundred and fifty dollars, over and above all debts
and incumbrances charged thereon, and shall have been actually
rated and paid a tax thereon, shall be entitled to vote at such elec-
tion. And no person of color shall be subject to direct taxation
unless he shall be seized and possessed of such real estate as aforesaid.
Sec. 2. Laws may be passed excluding from the right of suffrage
all persons who have been or may be convicted of bribery, of larceny,
or of any infamous crime ; and for depriving every person who shall
make, or become directly or indirectly interested in any bet or wager
depending upon the result of any election from the right to vote at
such election.
Sec. 3. For the purpose of voting, no person shall be deemed to
have gained or lost a residence, by reason of his presence or absence,
while employed in the service of the United States; nor while en-
gaged in the navigation of the waters of this State, or of the United
States, or of the high seas; nor while a student of any seminary of
learning ; nor while kept at any alms house, or other asylum, at
public expense ; nor while confined in any public prison.
Sec. 4. Laws shall be made for ascertaining by proper proofs the
citizens who shall be entitled to the right of suffrage hereby es-
tablished.
Sec. 5. All elections by the citizens shall be by ballot, except for
such town officers as may by law be directed to be otherwise chosen.
Article III
Section 1. The legislative power of this State shall be vested in a
Senate and Assembly.
Sec. 2. The Senate shall consist of thirty-two members, and the
Senators shall be chosen for two years. The Assembly shall consist
of one hundred and twenty-eight members, who shall be annually
elected.
Sec. 3. The State shall be divided into thirty-two districts, to be
called Senate districts, each of which shall choose one Senator. The
districts shall be numbered from one to thirty- two inclusive.
District number one (1) shall consist of the counties of Suffolk,
Richmond and Queens.
District number two (2) shall consist of the county of Kings.
Districts number three (3) number four (4) number five (5) and
number six (6) shall consist of the city and county of New- York;
New York— 18^6 2657
and the board of supervisors of said city and county shall, on or be-
fore the first day of May one thousand eight hundred and forty-seven,
divide the said city and county into the number of Senate Districts,
to which it is entitled, as near as may be of an equal number of inhab-
itants, excluding aliens and persons of color not taxed, and consisting
of convenient and contiguous territory; and no Assembly District
shall be divided in the formation of a Senate District. The board
of supervisors, when they shall have completed such division, shall
cause certificates thereof, stating the number and boundaries of each
district and the population thereof, to be filed in the office of the Sec-
retary of State, and of the clerk of the said city and county.
District number seven (7) shall consist of the counties of West-
chester, Putnam and Rockland.
Distrist number eight (8) shall consist of the counties of Dutchess
and Columbia.
District number nine (9) shall consist of the counties of Orange
and Sullivan.
District number ten (10) shall consist of the counties of Ulster,
and Greene.
District number eleven (11) shall consist of the counties of Albany
and Schenectady.
District number twelve (12) shall consist of the county of Rens-
selaer.
District number thirteen (13) shall consist of the counties of Wash-
ington and Saratoga.
District number fourteen (14) shall consist of the counties of War-
ren, Essex and Clinton.
District number fifteen (15) shall consist of the counties of St.
Lawrence and Franklin.
District number sixteen (16) shall consist of the counties of Herki-
mer, Hamilton, Fulton and Montgomery.
District number seventeen (17) shall consist of the counties of
Schoharie and Delaware.
District number eighteen (18) shall consist of the counties of Ot-
sego and Chenango.
District number nineteen (19) shall consist of the county of
Oneida.
District number twenty (20) shall consist of the counties of Madi-
son and Oswego.
District number twenty-one (21) shall consist of the counties of
Jefferson and Lewis.
District number twenty-two (22) shall consist of the county of
Onondaga.
District number twenty-three (23) shall consist of the counties of
Cortland, Broome and Tioga.
District number twenty-four (24) shall consist of the counties of
Cayuga and Wayne.
District number twenty -five (25) shall consist of the counties of
Tompkins, Seneca and Yates.
District number twenty-six (26) shall consist of the counties of
Steuben and Chemung.
District number twenty-seven (27) shall consist of the county of
Monroe.
2658 New York— 1846
District number twenty-eight (28) shall consist of the counties of
Orleans, Genesee and Niagara.
District number twenty-nine (29) shall consist of the counties of
Ontario and Livingston.
District number thirty (30) shall consist of the counties of Alle-
gany and Wyoming.
District number thirty-one (31) shall consist of the county of Erie.
District number thirty-two (32) shall consist of the counties of
Chautauqua and Cattaraugus.
Sec. 4. An enumeration of the inhabitants of the State shall be
taken, under the direction of the Legislature, in the year one thou-
sand eight hundred and fifty-five, and at the end of every ten years
thereafter; and the said districts shall be so altered by the Legisla-
ture, at the first session after the return of every enumeration, that
each Senate district shall contain, as nearly as may be, an equal num-
ber of inhabitants, excluding aliens, and persons of color not taxed,
and shall remain unaltered until the return of another enumeration,
and shall at all times consist of contiguous territory ; and no county
shall be divided in the formation of a Senate district, except such
county shall be equitably entitled to two or more Senators.
Sec. 5. The members of Assembly shall be apportioned among the
several counties of this State, by the Legislature, as nearly as may be,
according to the number of their respective inhabitants, excluding
aliens, and persons of color not taxed, and shall be chosen by single
districts.
The several boards of supervisors in such counties of this State, as
are now entitled to more than one member of Assembly, shall assemble
on the first Tuesday of January next, and divide their respective
counties into Assembly districts equal to the number of members of
Assembly to which such counties are now severally entitled by law,
and shall cause to be filed in the offices of the Secretary of State and
the clerks of their respective counties, a description of such Assembly
districts, specifying the number of each district and the population,
thereof, according to the last preceding State enumeration, as near
as can be ascertained. Each assembly district shall contain, as nearly
as may be, an equal number of inhabitants, excluding aliens and per-
sons of color not taxed, and shall consist of convenient and contiguous
territory ; but no town shall be divided in the formation of Assembly
districts.
The Legislature, at its first session after the return of every enu-
meration, shall re-apportion the members of Assembly among the
several counties of this State, in manner aforesaid, and the boards
of supervisors in such counties as may be entitled, under such re-
apportionment, to more than one member, shall assemble at such time
as the Legislature making such re- apportionment shall prescribe, and
divide the counties into Assembly districts, in the manner herein
directed; and the apportionment and districts so to be made, shall
remain unaltered until another enumeration shall be taken under the
provisions of the preceding section.
Every county heretofore established and separately organized, ex-
cept the county of Hamilton, shall always be entitled to one member
of the Assembly, and no new county shall be hereafter erected, unless
its population shall entitle it to a niember.
New York— 1846 2659
The county of Hamilton shall elect with the county of Fulton,
until the population of the county of Hamilton shall, acording to the
ratio, be entitled to a member.
Sec. 6. The members of the Legislature shall receive for their
services a sum not exceeding three dollars a day, from the commence-
ment of the session; but such pay shall not exceed in the aggregate
three hundred dollars for per diem allowance, except in proceedings
for impeachment. The limitation as to the aggregate compensation
shall not take effect until the year one thousand eight hundred and
forty-eight. When convened in extra session by the Governor, they
shall receive three dollars per day. They shall also receive the sum of
one dollar for every ten miles they shall travel, in going to and return-
ing from their place of meeting, on the most usual route. The Speaker
of the Assembly shall, in virtue of his office receive an additional
compensation equal to one-third of his per diem allowance as a
member.
Sec. T. No member of the Legislature shall receive any civil ap-
pointment within this State, or to the Senate of the United States,
from the Governor, the Governor and Senate, or from the Legislature,
during the term for which he shall have been elected; and all such
appointments, and all votes given for any such member, for any
such office, or appointment, shall be void.
Sec. 8. No person being a member of Congress, or holding any
judicial or military office under the United States, shall hold a seat
in the Legislature. And if any person shall, after his election as
a member of the Legislature, be elected to Congress, or appointed to
any office, civil or military, under the government of the United
States, his acceptance thereof shall vacate his seat.
Sec. 9. The elections of Senators and members of Assembly, pur-
suant to the provisions of this Constitution, shall be held on the
Tuesday succeeding the first Monday of November, unless otherAvise
directed by the Legislature.
Sec. 10. A majority of each house shall constitute a quorum to do
business. Each house shall determine the rules of its own proceed-
ings, and be the judge of the elections, returns and qualifications of
its own members, shall choose its own officers; and the Senate shall
choose a temporary president, when the Lieutenant-Governor shall
not attend as president, or shall act as Governor.
Sec. 11. Each house shall keep a journal of its proceedings, and
publish the same, except such parts as may require secrecy. The
doors of each house shall be kept open, except when the public wel-
fare shall require secrecy. Neither house shall, without the consent
of the other, adjourn for more than two days.
Sec. 12. For any speech or debate in either house of the Legis-
lature, the members shall not be questioned in any other place.
Sec. 13. Any bill may originate in either house of the Legislature,
and all bills passed by one house may be amended by the other.
Sec. 14. The enacting clause of all bills shall be "The people of
the State of New-York, represented in Senate and Assembly, do
enact as follows," and no law shall be enacted except by bill.
Sec. 15. No bill shall be passed unless by the assent of a majority
of all the members elected to each branch of the Legislature, and the
question upon the final passage shall be taken immediately upon its
last reading, and the yeas and nays entered on the journal. '^
7254— VOL 5—09 9
2660 New York— 1846
Sec. 16. No private or local bill, which may be passed by the
Legislature, shall embrace more than one subject, and that shall be
expressed in the title.
Sec. 17. The Legislature may confer upon the boards of super-
visors of the several counties of the State, such further powers of
local legislation and administration, as they shall from time to time
prescribe.
Article IV
Section 1. The executive power shall be vested in a Governor,
who shall hold his office for two years: a Lieutenant-Governor shall
be chosen at the same time, and for the same term.
Sec. 2. No person, except a citizen of the United States, shall be
eligible to the office of Governor, nor shall any person be eligible to
that office, who shall not have attained the age of thirty years, and
who shall not have been five years next preceding his election, a
resident within this State.
Sec. 3. The Governor and Lieutenant-Governor shall be elected at
the times and places of choosing members of the Assembly. The
persons respectively having the highest number of votes for Gov-
ernor and Lieutenant-Governor, shall be elected; but in case two
or more shall have an equal and the highest number of votes for
Governor, or for Lieutenant-Governor, the two houses of the Legis-
lature, at its next annual session, shall, forthwith, by joint ballot,
choose one of the said persons so having an equal and the highest
number of votes for Governor, or Lieutenant-Governor.
Sec. 4. The Governor shall be commander-in-chief of the military
and naval forces of the State. He shall have power to convene the
Legislature (or the Senate only) on extraordinary occasions. He
shall communicate by message to the Legislature, at every session,
the condition of the State, and recommend such matters to them as
he shall judge expedient. He shall transact all necessary business
with the offices of government, civil and military. He shall expe-
dite all such measures, as may be resolved upon by the Legislature,
and shall take care that the laws are faithfully executed. He shall,
at stated times, receive for his services a compensation to be estab-
lished by law, which shall neither be increased nor diminished after
his election and during his continuance in office.
Sec. 5. The Governor shall have the power to grant reprieves,
commutations and pardons after conviction,' for all offences except
treason and cases of impeachment, upon such conditions, and with
such restrictions and limitations, as he may think proper, subject to
such regulation as may be provided by law relative to the manner of
applying for pardons. Upon conviction for treason, he shall have
power to suspend the execution of the sentence, until the case shall
be reported to the Legislature at its next meeting, when the Legisla-
ture shall either pardon, or commute the sentence, direct the execu-
tion of the sentence, or grant a further reprieve. He shall annually
communicate to the Legislature each case of reprieve, commutation
or pardon granted; stating the name of the convict, the crime of
which he was convicted, the sentence and its date, and the date of the
commutation, pardon or reprieve.
Sec. 6. In case of the impeachment of the Governor, or his re-
moval from office, death, inability to discharge the powers and
New York— 1846 2661
duties of the said office, resignation or absence from the State, the
powers and duties of the office shall devolve upon the Lieutenant-
Governor for the residue of the term, or until the disability shall
cease. But when the Governor shall, with the consent of the Legis-
lature, be out of the State in time of war, at the head of a military
force thereof, he shall continue commander-in-chief of all the mili-
tary force of the State.
Sec. 7. The Lieutenant-Governor shall possess the same qualifica-
tions of eligibility for office as the Governor. He shall be President
of the Senate, but shall only have a casting vote therein. If during a
vacancy of the office of Governor, the Lieutenant-Governor shall be
impeached, displaced, resign, die, or become incapable of performing
the duties of his office, or be absent from the State, the President of
the Senate shall act as Governor, until the vacancy be filled, or the
disability shall cease.
Sec. 8. The Lieutenant-Governor shall, while acting as such, re-
ceive a compensation which shall be fixed by law^, and w^hich shall
not be increased or diminished during his continuance in office.
Sec. 9. Every bill which shall have passed the Senate and Assem-
bly, shall, before it becomes a law, be presented to the Governor: if
he approve, he shall sign it; but if not, he shall return 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 reconsideration, two-thirds of the members present
shall agree to pass the bill, it shall be sent, together with the objec-
tions to the other house, by wdiich it shall likewise be reconsidered;
and if approved by two-thirds of all the members present, it shall
become a law, notwithstanding the objections of the Governor. But
in all 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
(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 shall, by their adjournment, prevent its return; in which
case it shall not be a law.
Article V
Section 1. The Secretary of State, Comptroller, Treasurer and
Attorney-General shall be chosen at a general election, and shall hold
their offices for two years. Each of the officers in this Article named
(excei)t the Speaker of the Assembly), shall at stated times, during
his contimiance in office, receive for his services, a compensation,
which shall not be increased or diminished during the term for which
he shall have been elected; nor shall he receive, to his use, any fees or
l)er(iuisites of office, or other com])ensation.
Sec. 2. A State Engineer and Surveyor shall be chosen at a gen-
eral election, and shall hold his office two years, but no person shall
be elected to said office who is not a practical engineer.
Sec. 3. Three Canal Commissioners shall be chosen at the general
election which shall be held next after the ado}ition of this Constitu-
tion, one of whom shall hold his office for one year, one for two years,
;uid one for three years. The Conunissioners of the Canal Fund
2662 New York— 18^6
shall meet at the Capitol on the first Monday of January, next after
such election, and determine by lot which of said Commissioners shall
hold his office for one year, which for two, and which for three years ;
and there shall be elected annually, thereafter, one Canal Commis-
sioner, who shall hold his office for three years.
Sec. 4. Three Inspectors of State Prisons, shall be elected at the
general election which shall be held next after the adoption of this
Constitution, one of whom shall hold his office for one year, one for
two years, and one for three years. The Governor, Secretary of
State, and Comptroller, shall meet at the Capitol on the first Monday
of January next succeeding such election, and determine by lot which
of said Inspectors shall hold his office for one year, which for two,
and which for three years; and there shall be elected annually there-
after one Inspector of State Prisons, who shall hold his office for
three years, said Inspectors shall have the charge and superintend-
ence of the State prisons, and shall appoint all the officers therein.
All vacancies in the office of such Inspector shall be filled by the
Governor, till the next election.
Sec. 5. The Lieutenant-Governer, Speaker of the Assembly, Secre-
tary of State, Comptroller, Treasurer, Attorney-General and State
Engineer and Surveyor, shall be the Commissioners of the Land-
Office.
The Lieutenant-Governor, Secretary of State, Comptroller, Treas-
urer, and Attorney-General, shall be the Commissioners of the Canal
Fund.
The Canal Board shall consist of the Commissioners of the Canal
Fund, the State Engineer and Surveyor, and the Canal Commis-
sioners.
Sec. 0. The powers and duties of the respective boards, and of the
several offices in this Article mentioned, shall be such as now are or
liereafter may be prescribed by laAV.
Sec. 7. The Treasurer may be suspended from office by the Gov-
ernor, during the recess of the Legislature, and until thirty days
after the commencement of the next session of the Legislature, when-
ever it shall appear to him that such Treasurer has, in any particular,
violated his duty. The Governor shall appoint a competent person to
discharge the duties of the office, during such suspension of the
Treasurer.
Sec. 8. All offices for the weighing, gauging, measuring, culling or
mspecting any merchandize, produce, manufacture or commodity,
Avhatever, are hereby abolished, and no such office shall hereafter be
created by law; but nothing in this section contained, shall abrogate
any office created for the purpose of protecting the ])ublic health or
the interests of the State in its i)roperty, revenue, tolls, or purchases,
or of supplying the people with correct standards of weights and
measures, or shall prevent the creation of any office for such purposes
hereafter'.
Article VI
Section 1. The Assembly shall have the power of impeachment,
by the vote of a majority of all the members elected. The court
for the trial of impeachments, shall be composed of the President
of the Senate, the Senators, or a major part of them, and the judges
New York— 1846 2663
of the court of appeals, or the major part of them. On the trial of an
impeachment against the Governor, the Lieutenant-Governor shall
not act as a member of the court. No judicial officer shall exercise
his office after he shall have been impeached, until he shall have been
acquitted. Before the trial of an impeachment, the members of the
court shall take an oath or affirmation, truly and impartially to try
the impeachment, according to evidence ; and no person shall be con-
victed, without the concurrence of two-thirds of the members present.
eJudgment in cases of impeachment shall not extend further than to
removal from office, or removal from office and disqualification to hold
and enjoy any office of honor, trust or profit under this State; but
the party impeached shall be liable to indictment, and punishment
according to law.
Sec. 2. There shall be a Court of Appeals, composed of eight
judges, of whom four shall be elected by the electors of the State for
eight 3'ears, and four selected from the class of Justices of the Su-
preme Court having the shortest time to serve. Provision shall be
made by law, for designating one of the number elected, as chief
judge, and for selecting such Justices of the Supreme Coiirt, from
time to time, and for so classifying those elected, that one shall be
elected every second year.
Sec. 3. There shall be a Supreme Court having general jurisdic-
tion in law and equity.
Sec. 4. The State shall be divided into eight judicial districts, of
which the city of New- York shall be one; the others to be bounded
by county linCvS and to be compact and equal in population as nearly
as may be. There shall be four Justices of the Supreme Court in
each district, and as many more in the district composed of the city
of New- York, as may from time to time be authorized by law, but
not to exceed in the whole such number in proportion to its popula-
tion, as shall be in conformity with the number of such judges in
the residue of the State in proportion to its population. They shall
be classified so that one of the justices of each district shall go out of
office at the end of ev^ery two years. After the expiration of their
terms under such classification, the term of their office shall be eight
years.
Sec. 5. The Legislature shall have the same powers to alter and
regulate the jurisdiction and proceedings in law and equity, as they
have heretofore possessed.
Sec. G. Provision may be made by law for designating from time
to time, one or more of the said justices, who is not a judge of the
Court of Appeals, to preside at the general terms of the said court
to be held in the several districts. Any three or more of the said
justices, of whom one of the said justices so designated shall always
be one, may hold such general terms. And any one or more of the
justices may hold special terms and circuit courts, and any one of
them may preside in courts of oyer and terminer in any county.
Sec. 7. The Judges of the Court of Appeals and justices of the
Supreme Court shall severally receive at stated times for their
services, a compensation to be established by law, which shall not
be increased or diminished during their continuance in office.
Sec. 8. They shall not hold any other office or public trust. All
votes for either of them, for any elective office (except that of
2664 Neio York— 1846
Justice of the Supreme Court, or judge of the court of appeals),
given by the Legislature or the people, shall be void. They shall
not exercise any power of appointment to public office. Any male
citizen of the age of twenty-one years, of good moral character, and
who possesses the requisite qualifications of learning and ability,
shall be entitled to admission to practice in all the courts of this
State.
Sec. 9. The classification of the »Tustices of the Supreme Court;
the times and place of holding the terms of the court of appeals,
and of the general and special terms of the Supreme Court within the
several districts, and the circuit courts and courts of oyer and ter-
miner within the several counties, shall be provided for by law.
Sec. 10. The testimony in equity cases shall be taken in like man-
ner as in cases at law.
Sec. 11. Justices of the Supreme Court and judges of the Court of
Appeals, may be removed by concurrent resolution of both. houses of
the Legislature, if two-thirds of all the members elected to the
Assembly and a majority of all the members elected to the Senate,
concur tlierein. All judicial officers, except those mentioned in this
section, and except justices of the peace, and judges and justices of
inferior courts not of record may be removed by the Senate, on the
recommendation of the Governor; but no removal shall be made by
virtue of this section, unless the cause thereof be entered on the jour-
nals, nor imless the party complained of, shall have been served with
a copy of the complaint against him, and shall have had an oppor-
tunity of being heard in his defence. On the question of removal,
the ayes and noes shall be entered on the journals.
Sec. 12. The judges of the Court of Appeals shall be elected by
the electors of the State, and the justices of the Supreme Court by
the electors of the several judicial districts, at such times as may be
prescribed by law.
Sec. 18. In case the office of any judge of the Court of Appeals, or
justice of the Supreme Court, shall become vacant before the expira-
tion of the regular term for Avhich he was elected, the vacancy may
be filled by appointment by the Governor, until it shall be supplied
at the next general election of judges, when it shall be filled by
election for the residue of the unexpired term.
Sec. 14. There shall be elected in each of the counties of this State,
except the city and county of New- York, one county judge, who shall
hold his office for four years. He shall hold the county court, and
perform the duties of the office of surrogate. The count}^ court shall
have such jurisdiction in cases arising in justices courts, and in
special cases, as the Legislature may prescribe; but shall have no
original civil jurisdiction, except in such special cases.
The county judge, with two justices of the peace to be designated
according to law, may hold courts of sessions, with such criminal
jurisdiction as the Legislature shall prescribe, and perform such other
duties as may be required by law.
The county judge shall receive an annual salary, to be fixed by the
board of supervisors, which shall be neither increased nor diminished
during his continuance in office. The justices of the peace, for serv-
ices in courts of sessions, shall be paid a per diem allowance out of
the county treasury.
NeiD York— 1846 2665
In counties having a population exceeding forty thousand, the
Legislature may provide lor the election of a separate officer to per-
form the duties of the office of surrogate.
The Legislature may confer equity jurisdiction in special cases
upon the county judge.
Inferior local courts, of civil and criminal jurisdiction, may be
established by the Legislature in cities; and such courts, except for
the cities of New- York and Buffalo, shall have an uniform organiza-
tion and jurisdiction in such cities.
Sec. 15. The Legislature may, on application of the board of super-
visors provide for the election of local officers, not to exceed two in
any county, to discharge the duties of- county judge and of surrogate,
in cases of their inability or of a vacancy, and to exercise such other
powers in special cases as may be provided by law.
Sec. 16. The Legislature may reorganize the judicial districts at
the first session after the return of every enumeration under this
Constitution, in the manner provided for in the fourth section of this
article and at no other time ; and they may, at such session, increase or
diminish the number of districts, but such increase or diminution shall
not be more than one district at any one time. Each district shall
have four justices of the Supreme Court; but no diminution of the
districts shall have the effect to remove a judge from office.
Sec. 17. The electors of the several towns, shall, at their annual
town meeting, and in such manner as the Legislature may direct,
elect justices of the peace, whose term of office shall be four years.
In case of an election to fill a vacancy occurring before the expira-
tion of a full term they shall hold for the residue of the unexpired
term. Their number and classification may be regulated by law.
Justices of the peace and judges or justices of inferior courts not of
record and their clerks may be removed after due notice and an op-
portunity of being heard in their defence by such county, city or
state courts as may be prescribed by law, for causes to be assigned in
the order of removal.
Sec. 18. All judicial officers of cities and villages, and all such
judicial officers as may be created therein by law, shall be elected at
such times and in such manner as the Legislature may direct.
Sec. 19. Clerks of the several counties of this State shall be clerks
of the Supreme Court, with such powers and duties as shall be pre-
scribed by law. A clerk for the Court of Appeals, to be ex-officio
clerk of the Supreme Court, and to keep his office at the seat of gov-
ernment, shall be chosen by the electors of the State; he shall hold
his office for three years, and his compensation shall be fixed by law
and paid out of the public Treasury.
Sec. 20. No judicial officer, except justices of the peace shall re-
ceive to his own use, any fees or perquisites of office.
Sec. 21. The Legislature may authorize the judgments decrees and
decisions of any local inferior court of record of original civil juris-
diction, established in a city, to be removed for review directly into
the Court of Appeals.
Sec. 22. The Legislature shall provide for the speedy publication
of all statute laws, and of such judicial decisions as it may deem ex-
pedient. And all laws and judicial decisions shall be free for pub-
lication by any person.
2666 New York— 18 46
Sec. 23. Tribunals of conciliation may be established, with such
powers and duties as may be prescribed by law, but such tribunals
shall have no power to render judgment to be obligatory on the
parties, except they voluntarily submit their matters in difference and
agree to abide the judgment, or assent thereto, in the presence of such
tribunal, in such cases as shall be prescribed by law.
Sec. 24. The Legislature at its first session after the adoption of
this Constitution, shall provide for the appointment of three commis-
sioners, whose duty it shall be to revise, reform, simplify and abridge
the rules and practice, pleadings, forms and proceedings of the courts
of record of this State, and to report thereon to the Legislature, sub-
ject to their adoption and modification from time to time.
Sec. 25. The Legislature at its first session after the adoption of
this Constitution, shall provide for the organization of the Court of
Appeals, and for transferring to it the business pending in the Court
for the Correction of Errors, and for the allowance of writs of error
and appeals to -the Court of Appeals, from the judgments and decrees
of the present Court of Chancery and Supreme Court, and of the
courts that may be organized under this Constitution.
Article VII
Section 1. After paying the expenses of collection, superintend-
ance and ordinary repairs, there shall be appropriated and set apart
in each fiscal year, out of the revenues of the State canals, commenc-
ing on the first day of June, one thousand eight hundred and forty-
six, the sum of one million and three hundred thousand dollars until
the first day of June, one thousand eight hundred and fifty-five, and
from that time the sum of one .million and seven hundred thousand
dollars in each fiscal year, as a sinking fund, to pay the interest and
redeem the principal of that part of the State debt called the canal
debt, as it existed at the time first aforesaid, and including three hun-
dred thousand dollars then to be borrowed, until the same shall be
wholly paid ; and the principal and income of the said sinking fund
shall be sacredly applied to that purpose.
Sec. 2. After complying with the provisions of the first section of
this article, there shall be appointed and set apart out of the surplus
revenues of the State canals, in each fiscal year, commencing on the
first day of June, one thousand eight hundred and forty-six, the sum
of three hundred and fifty thousand dollars, until the time Avhen a
sufficient sum shall have been appropriated and set apart, under the
said first section, to pay the interest and extinguish the entire princi-
pal of the canal debt ; and after that period, then the sum of one mil-
lion and five hundred thousand dollars in each fiscal year, as a sinking
fund, to pay the interest and redeem the principal of that part of the
State debt called the General Fund debt, including the debt for loans
of the State credit to rail road companies which have failed to pay the
interest thereon, and also the contingent debt on State stocks loaned
to incorporated companies which have hitherto paid the interest
thereon, whenever and as far as any part thereof may become a
charge on the Treasurer or General Fund, until the same shall be
wholly paid ; and the principal and income of the said last mentioned
sinking fund shall be sacredly applied to the purpose aforesaid ; and
New York— 1846 2667
if the payment of any part of the monies to the said sinking fund
shall at any time be deferred, by reason of the priority recognized in
the first section of this article, the sum so deferred, with quarterly
mterest thereon, at the then current rate, shall be paid to the last
mentioned sinking fund, as soon as it can be done consistently with
the just rights of the creditors holding said canal debt.
Sec. 3. After paying the said expenses of superintendance and
repairs of the canals, and the sums appropriated by the first and
second sections of this Article, there shall be paid out of the surplus
revenues of the canals, to the Treasury of the State, on or before the
thirtieth day of September, in each year, for the use and benefit of
the General Fund, such sum, not exceeding two hundred thousand
dollars, as may be required to defray the necessary expenses of the
State; and the remainder of the revenues of the said canals shall, in
each fiscal year, be applied, in such manner as the Legislature shall
direct, to the completion of the Erie Canal enlargement, andv the
Genesee Valley and Black River canals, until the said canals shall
be completed.
If at any time after the period of eight years from the adoption
of this Constitution, the revenues of the State, unappropriated by
this article, shall not be sufficient to defray the necessary expenses
of the government, without continuing or laying a direct tax, the
Legislature may, at its discretion, supply the deficiency, in whole or
in part, from the surplus revenues of the canals, after complying
with the provisions of the first tw^o sections of this article, for paying
the interest and extinguishing the principal of the Canal and General
Fund debt; but the sum thus appropriated from the surplus rev-
enues of the canals shall not exceed annually three hundred and fifty
thousand dollars, including the sum of two hundred thousand dollars,
provided for by this section for the expenses of the government,
until the General Fund debt shall be extinguished, or until the Erie
Canal enlargement and Genessee Valley and Black River Canals
shall be completed, and after that debt shall be paid, or the said
canals shall be comi)leted, then the sum of six hundred and seventy-
two thousand five hundred dollars, or so much thereqf as shall be
necessary, may be annually appropriated to defray the expenses of
the government.
Sec. 4. The claims of the State against any incorporated company
to pay the interest and redeem the principal of the stock of the State
loaned or advanced to such company, shall be fairly enforced, and not
released or compromised; and the moneys arising from such claims
shall be set apart and applied as part of the sinking fund provided
in the second section of this article. But the time limited for the
fulfilment of any condition of any release or compromise heretofore
made or provided for, may be extended by law.
Sec. 5. If the sinking funds, or either of them, provided in this
article, shall prove insufficient to enable the State, on the credit of
such fund, to procure the means to satisfy the claims of the creditors
of the State as they become payable, the Legislature shall, by equita-
ble taxes, so increase the revenues of the said funds as to make them,
respectively, sufficient perfectly to preserve the public faith. Every
contribution or advance to the canals, or their debt, from any source,
other than their direct revenues, shall, with quarterly interest, at the
2668 New York—1846
rates then current, be repaid into the Treasury, for the use of the State,
out of the canal revenues as soon as it can be done consistently with
the just rights of the creditors holding the said canal debt.
Sec. 6. The legislature shall not sell, lease, or otherwise dispose of
any of the canals of the State; but they shall remain the property
of the State and under its management, forever.
Sec. T. The Legislature shall never sell or dispose of the salt
springs, belonging to this State. The lands contiguous thereto and
which may be necessary and convenient for the use of the salt springs,
may be sold by authority of law and under the direction of the com-
missioners of the land office, for the purpose qf investing the moneys
arising therefrom in other lands alike convenient; but by such sale
and purchase the aggregate quantity of these lands shall not be
diminished.
Sec. 8. No moneys shall ever be paid out of the Treasury of this
State, or any of its funds, or any of the funds inider its management,
except in pursuance of an appropriation by law; nor unless such
payment be made within two years next after the passage of such
appropriation act ; and every such law, making a new appropriation,
or continuing or reviving an appropriation, shall distinctly specify
the sum appropriated, and the object to which it is to be applied ; and
it shall not be sufficient for such law to refer to any other law to fix
such sum.
Sec. 9. The credit of the State shall not, in any manner, be given
or loaned to, or in aid of any individual association or corporation.
Sec. 10. The State may, to meet casual deficits or failures in reve-
nues, or for expenses not provided for, contract debts, but such debts,
direct and contingent, singly or in the aggregate, shall not at any
time, exceed one million of dollars; and the moneys arising from the
loans creating such debts, shall be applied to the purpose for Avhich
they Avere obtained, or to repay the debt so contracted, and to no
other purpose whatever. -
Sec. 11. In addition to the above limited power to contract debts,
the State may contract debts to repel invasion, suppress insurrection,
or defend the State in Avar; but the money arising from the con-
tracting of such debts shall be applied to the purpose for Avhich it
was raised, or to repay such debts, and to no other purpose Avhatever.
Sec. 12. Except the debts specified in the tenth and eleventh sec-
tions of this article, no debt shall be hereafter contracted by or on
behalf of this State, unless such debt shall be authorized by a law,
for some single w^ork or object, to be distinctly specified therein; and
such law shall impose and provide for the collection of a direct annual
tax to pay, and sufficient to pay the interest on such debt as it falls
due, and also to pay and discharge the principal of such debt Avithin
eighteen years from the time of the contracting thereof.
No such law shall take effect until it shall, at a general election,
have been submitted to the people, and have received a majority of all
the votes cast for and against it, at such election.
On the final passage of such bill in either house of the Legislature,
the question shall be taken by ayes and noes, to be duly entered on the
journals thereof, and shall be:" " Shall this bill pass, and ought the
same to receive the sanction of the people ? "
K tio
New York— 1846 2669
The Legislature may at any time, after the approval of such law
by the people, if no debt shall have been contracted in pursuance
thereof, repeal the same; and may at any time, by law, forbid the
contracting of any further debt or liability under such law ; but the
tax imposed by such act, in proportion to the debt and liability which
may have been contracted, m pursuance of such law, shall remain in
force and be irrepealable, and be annually collected, until the proceeds
thereof shall have made the provision herein before specified to pay
and discharge the interest and principal of such debt and liability.
The money arising from any loan or stock creating such debt or
liability, shall be applied to the work or object specified in the act
authorising such debt or liability, or for the repayment of such debt
or liability, and for no other purpose whatever.
Xo such law shall be submitted to be voted on, within three months
after its joassage, or at any general election, when any other law, or
any bill, or any amendment to the Constitution, shall be submitted
to be voted for or against.
Sec. 18. Every law Avhich imposes continues or revives a tax, shall
distinctly state the tax and the object to which it is to be applied; and
it shall not be sufficient to refer to any other law to fix such tax or
object.
Sec. 14. On the final passage, in either house of the Legislature, of
(H'ery act which imposes, continues, or revives a tax, or creates a debt
or charge, or makes, continues or revives any appropriation of public
or trust money or property, or releases, discharges, or commutes any
claim or demand of the State, the question shall be taken by ayes and
noes, which shall be duly entered on the journals, and three-fifths of
all the members elected to either house, shall, in all such cases, be
necessary to constitute a quorum therein.
Article VIII
Section 1. Corporations may be formed under general laws; but
shall not be created by speciial act, except for munici])al purposes,
and in cases where in the judgment of the Legislature, the objects of
the corporation cannot be attained under general laws. All general
laws and special acts passed pursuant to this section, may be altered
from time to time or repealed.
Sec. 2. Dues from corporations shall be secured by such individual
liability of the corporators and other means as may be prescribed
by law.
Se(\ 3. The term corporations as used in this article, shall be con-
strued to include all associations and joint-stock companies having
any of the powers or privileges of corporations not possessed by in-
dividuals or ])artnerships. And all corporations shall have the right
to sue and shall be subject to be sued in all courts in like cases as
natural persons.
Sec. 4. The Legislature, shall have no power to pass any act grant-
ing any special charter for banking purposes; but corporations or
associations may be formed for such purposes under general laws.
Sec. 5. The Legislature shall have no power to pass any law sanc-
tioning in any manner, directly or indirectly, the suspension of specie
2670 New York— 18^6
payments, by any person, association or corporation issuing bank
notes of any description.
Sec. G. The Legislature shall provide by law for the registry of all
bills or notes, issued or put in circulation as money, and shall re-
quire ample security for the redemption of the same in specie.
Sec. 7. The stockholders in every corporation and joint-stock as-
sociation for banking purposes, issuing bank notes or any kind of
paper credits circulate as money, after the first day of January,
one thousand eight hundred and fifty, shall be individually respon-
sible to the amount of their respective share or shares of stock in any
such corporation or association, for all its debts and liabilities of
every kind, contracted after the said first clay of January, one thou-
sand eight hundred and fifty.
Sec. 8. In case of the insolvency of any bank or banking associa-
tion, the bill-holders thereof shall be entitled to preference in pay-
ment, over all other creditors of such bank or association.
Sec. 9. It shall be the duty of the Legislature to provide for the or-
ganization of cities and incorporated villages, and to restrict their
power of taxation, assessment, borrowing money, contracting debts
and loaning their credit, so as to prevent abuses in assessments, and
in contracting debt by such municipal corporations.
Article IX
Section 1. The capital of the Common School Fund; the capital
of the Literature Fund, and the capital of the United States Deposite
Fund, shall be respectively preserved inviolate. The revenue of the
said Common School Fund shall be applied to the support of com-
mon schools; the revenues of the said Literature Fund shall be ap-
plied to the support of academies, and the sum of twenty-five thou-
sand dollars of the revenues of the L^nited States Deposite Fund shall
each year be appropriated to and made a part of the capital of the
said Common School Fund.
Article X
V Section 1. Sheriffs, clerks of counties, including the register and
clerk of the city and county of New- York, coroners, and district
attorneys, shall be chosen, by the electors of the respective counties,
once in every three years and as often as vacancies shall happen.
Sheriffs shall hold no other office, and be ineligible for the next three
years after the termination of their offices. They may be required
by law, to renew their security, from time to time ; and in default of
giving such new security, their offices shall be deemed vacant. But
the county shall never be made responsible for the acts of the sheriff.
The Governor may remove any officer, in this section mentioned,
within the term for which he shall have been elected; giving to such
officer a copy of the charges against him, and an opportunity of
being heard m his defence.
Sec. 2. All county officers whose election or appointment is not
provided for, by this Constitution, shall be elected by the electors of
the respective counties, or appointed by the boards of supervisors, or
other county authorities, as the Legislature shall direct. All city,
town and village officers, whose election or appointment is not pro-
New York— 1846 2671
vided for by this Constitution, shall be elected by the electors, of
such cities, towns and villages, or of some division thereof, or ap-
pointed by such authorities thereof, as the Legislature shall designate
for that purpose. All other officers whose election or appointment is
not provided for by this Constitution, and all officers whose offices
may hereafter be created by law, shall be elected by the people, or
appointed, as the Legislature may direct.
Sec. 3. When the duration of any office, is not provided by this
Constitution, it may be declared by law, and if not so declared, such
office shall be held, during the pleasure of the authority making the
appointment.
Sec. 4. The time of electing all officers named in this article shall
be prescribed by law.
Sec. 5. The Legislature shall provide for filling vacancies in office,
and in case of elective officers, no person appointed to fill a vacancy
shall hold his office by virtue of such appointment longer than the
connnencemient of the political year next succeeding the first annual
election after the happening of the vacancy.
Sec. G. The political year and legislative term, shall begin on the
first day of January; and the Legislature shall every year assemble
on the first Tuesday in January, unless a different day shall be
appointed by law.
Sec. 7. Provisions shall be made by law for the removal for mis-
conduct or malversation in office of all officers (except judicial) whose
powers and duties are not local or legislative and who shall be elected
at general elections, and also for supplying vacancies created by such
removal.
Sec. 8. The Legislature may declare the cases in which any office
shall be deemed vacant, where no provision is made for that purpose
in this Constitution.
Article XI
Section 1. The militia of this State, shall at all times hereafter, be
armed and disciplined, and in readiness for service; but all such
inhabitants of this State of any religious denomination whatever as
from scruples of conscience may be averse to bearing arms, shall be
excused therefrom, upon such conditions as shall be prescribed by
law.
Sec. 2. Militia officers shall be chosen, or aj^pointed, as follows: —
captains, subalterns and non-connnissioned officers shall be chosen by
the written votes of the members of their respective comj)anies.
Field officers of regiments and sej^arate battalions, by the written
votes of the commissioned officers of the respective regiments and
separate battalions; brigadier-generals and brigade inspectors by the
field officers of their respective brigades; major generals, brigadier
generals and commandin<j officers of regiments or separate battalions,
shall appoint the staff officers to their respective divisions, brigades,
regiments or separate battalions.
Sec. 3. The Covernor shall nominate, and with the consent of the
Senate, appoint all major generals, and the commissary general. The
adjutant general and other chiefs of staff departments, and the aids-
de-camp of the commander-in-chief shall be appointed by the Gov-
ernor, and their commissions shall expire with the time for which
the Governoy shall have been elected. The connnissary general shall
2672 New York— 18 46
hold his office for two years. He shall give security for the faithful
execution of the duties of his office, in such manner and amount as
shall be prescribed by law.
Sec. 4. The Legislature shall, by law^, direct the time and manner
of electing militia officers, and of certifying their elections to the
Governor.
Sec. 5. The commissioned officers of the militia shall be commis-
sioned by the Governor ; and no commissioned officer shall be removed
from office, unless by the Senate on the recommendation of the Gov-
ernor, stating the grounds on which such removal is recommended,
or by the decision of a court martial, pursuant to law. The present
officers of the militia shall hold their commissions subject to removal,
as before provided.
Sec. 6. In case the mode of election and appointment of militia
officers hereby directed, shall not be found conducive to the improve-
ment of the militia, the Legislature may abolish the same, and pro-
vide by law for their appointment and removal, if two-thirds of the
members ^Dresent in each house Khali concur therein.
Article XII
Section 1. Members of the Legislature and all officers, executive
and judicial, except such inferior officers as may be by law exempted,
shall, before they enter on the duties of their respective offices, take
and subscribe the following oath or affirmation:
" I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States, and the Constitution
of the State of New- York; and that I will faithfully discharge the
duties of the office of according to the best of my ability."
And no other oath, declaration, or test shall be required as a quali-
fication for any office or public trust.
Article XIII ,
Section 1. Any amendment or amendments to this Constitution
may be proposed in the Senate and Assembly; and if the same shall
be agreed to by a majority of the members elected to each of the
two houses, such proposed amendment or amendments shall be en-
tered on their journals with the yeas and nays taken thereon, and
referred to the Legislature to be chosen at the next general election
of Senators, and shall be published for three months previous to the
time of making such choice, and if in the Legislature so next chosen,
as aforesaid, such proposed amendment or amendments, shall be
agreed to, by a majority, of all the members elected to each house,
then it shall be the duty of the Legislature to submit such proposed
amendment or amendments to the people, in such manner and at
such time as the Legislature shall prescribe; and if the people shall
approve and ratify such amendment or amendments, by a majority
of the electors qualified to vote for members of the Legislature,
voting thereon, such amendment or amendments shall become part
of the Constitution.
Sec. 2. At the general election to be held in the year eighteen
liundred and sixty-six, and in each twentieth year thereafter, and
New York— 1846 2673
also at such time as the Legislature may by law provide, the question,
" Shall there be a Convention to revise the Constitution, and amend
the same? " shall be decided by the electors qualified to vote for
members- of the Legislature; and in case a majority of the electors
so qualified, voting at such election, shall decide in favor of a Con-
vention for such purpose, the Legislature at its next session, shall
provide by law for the election of delegates to such Convention.
Article XIV
Section 1. The first election of senators and members of Assembly,
pursuant to the provisions of this Constitution, shall be held on the
Tuesday succeeding the first Monday of November, one thousand
eight hundred and forty-seven.
The senators and members of Assembly who may be in office on
the first day of January, one thousand eight hundred and forty-
seven, shall hold their offices until and including the thirty-first day
of December following, and no longer.
Sec. 2. The first election of Governor and Lieutenant-Governor
under this Constitution, shall be held on the Tuesday succeeding the
first Monday of November, 'one thousand eight hundred and forty-
eight; and the Governor and Lieutenant-Governor in office when this
Constitution shall take efi^ect, shall hold their respective offices until
and including the thirty-first day of December of that year.
Sec. 8. The Secretary of State, Comptroller, Treasurer, Attorney-
(Sreneral, District- Attorney, Surveyor-General, Canal Commissioners,
and inspectors of State prisons in office when this Constitution shall
lake effect, shall hold their respective offices until and including the
thirty-first day of December, one thousand eight hundred and forty-
seven, and no longer.
Sec. 4. The first election of judges and clerk of the Court of Ap-
l)eals, justices of the Supreme Court, and county judges, shall take
j)lace at such time between the first Tuesday of April and the second
Tuesday of June, one thousand eight hundred and forty-seven, as may
be prescribed by law. The said courts shall respectively enter u-pon
their duties, on the first Monday of July, next thereafter; but the
term of office of said judges, clerk and justices as declared by this
Constitution, shall be deemed to commence on the first day of Janu-
ary, one thousand eight hundred and forty-eight.
Sec. 5. On the first Monday of July, one thousand eight hundred
juid forty-seven, jurisdiction of all suits and proceedings then pending
in the present Supreme Court and Court or Chancery, and all suits
and proceedings originally commenced and then pending in any court
of common pleas, (except in the city and county of New- York), shall
become vested in the Supreme Court hereby established. Proceedings
j)ending in courts of common pleas and in suits originally commenced
in justices courts, shall be transferred to the county courts provided
for in this Constitution, in such manner and form and under sucli
regulations as shall be provided by law. The courts of oyer and
terminer hereby established shall, in their respective counties, have
jurisdiction, on and after the day last mentioned, of all indictments
and proceedings then pending in the present courts of oyer and ter-
miner, and also of all indictments and proceedings then pending in
2674 • New York— 18 46
the present courts of general sessions of the peace, except in the city of
New York, and except in cases of which the courts of sessions hereby
established may lawfully take cognizance; and of such indictments
and proceedings the courts of sessions hereby established shall have
jurisdiction on and after the day last mentioned.
Sec. 6. The Chancellor and the present Supreme Court shall, re-
spectively, have power to hear and determine any of such suits and
proceedings ready on the first Monday of July, one thousand eight
hundred and forty-seven, for hearing or decision, and shall, for their
services therein, be entitled to their present rates of compensation
until the first day of July, one thousand eight hundred and forty-
eight, or until all such suits and proceedings shall be sooner heard and
determined. Masters in chancery may continue to exercise the func-
tions of their office in the court of chancery, so long as the Chancellor
shall continue to exercise the functions of his office under the pro-
visions of this Constitution.
And the Supreme Court hereby established shall also have power
to hear and determine such of said suits and proceedings as may be
prescribed by law.
Sec. 7. In case any vacancy shall occur in the office of chancellor
or justice of the present Supreme Court, previously to the first day
of July, one thousand eight hundred and forty-eight the Governor
may nominate, and by and w^ith the advice and consent of the Senate,
appoint a proper person to fill such vacancy. Any judge of the Court
of Appeals or justice of the Supreme Court, elected under this Con-
stitution, may receive and hold such appointment.
Sec. 8. The offices of Chancellor, justice of the existing Supreme
Court, circuit judge, vice-chancellor, assistant vice-chancellor, judge
of the existing county courts of each county, Supreme Court commis-
sioner, master in chancery, examiner in chancery, and surrogate, (ex-
cept as herein otherwise provided,) are abolished from and after the
first Monday of July, one thousand eight hundred and forty-seven,
(1847.)
Sec. 0. The Chancellor, the justices of the present Supreme Court,
and the circuit judges, are hereby declared to be severally eligible to
any office at the first election under this Constitution.
Sec. 10. Sheriffs, clerks of counties, (including the register and
clerk of the city and county of New- York) and justices of the peace,
and coroners, in office, when this Constitution shall take effect, shall
hold their respective offices until the expiration of the term for which
they were respectively elected.
Sec. 11. Judicial officers in office when this Constitution shall take
effect, may continue to receive such fees and perquisites of office as
are noAV authorized by law, until the first day of July, one thousand
eight hundred and forty-seven, notwithstanding the provisions of the
twentieth section of the sixth article of this Constitution.
Sec. 12. All local courts established in any city or village, includ-
ing the superior court, common pleas, sessions and surrogate's courts
of the city and county of New York shall remain, until otherwise
directed by the Legislature, with their present powers and jurisdic-
tions; and the judges of such courts and any clerks thereof in office
on the first day of January one thousand eight hundred and forty-
seven, shall continue in office until the expiration of their terms of
office, or until the Legislature shall otherwise direct.
New York— 1846 2675
Sec. 13. This Constitution shall be in force from and including
the first day of January, one thousand eight hundred and forty-
seven except as is herein" otherwise provided.
- Done, In Convention, at the Capitol, in the City of Albany, the
ninth day of October in the year one thousand eight hundred and
forty-six, and of the Independence of the United States of America
the seventy-first.
In witness whereof, we have hereunto subscribed our names.
John Tracy,
President^ and Delegate from the County of Chenango.
James F. Starbuck,
H. W. Strong,
Fr. Seger,
Secretaries.
State of New- York, Secretary's Office.
I have compared the preceding with the original engrossed Consti-
tution deposited in this office on the ninth day of October, 1846, and
Do Certify, that the same is a correct transcript therefrom, and of
the whole of said original.
Given under my hand and seal of office, at the City of Albany, the
tenth day of October, in the year of our Lord one thousand eight
hundred and forty-six.
[l. s.] N. S. Benton,
Secretary of State.
AMENDMENTS TO CONSTITUTION OF 1846*
Article II
^ Section 1. Every male citizen of the age of twenty-one years who
shall have been a citizen for ten days and an inhabitant of this State
one year next preceding an election, and the last four months a
resident of the county and for the last thirty days a resident of the
election district in which he may offer his vote, shall be entitled
to vote at such election in the election district of which he shall
at the time be a resident, and not elsewhere, for all officers that
now are or hereafter may be elective by the people, and upon all
questions which may be submitted to the vote of the people, provided
that in time of w^ar no elector in the actual military service of the
State, or of the United States, in the army or navy thereof, shall be
deprived of his vote by reason of his absence from such election dis-
trict; and the Legislature shall have power to provide the manner
in which and the time and place at which such absent electors may
vote, and for the return and canvass of their votes in the election dis-
tricts in which they respectively reside.
° Sec. 2. No person who shall receive, expect, or offer to receive, or
pay, offer or promise to pay, contribute, offer or promise to contribute
and
* The amendments to the Constitution of 1846 verified by " The Constitution of
the State of New Yorlc. Adopted November 3, 1840. As amended and in force
January 1, 1887. Prepared from the original in office of Secretary of State,
under direction of Fredericlt Coolc, Secretary of State, Albany : Weed, Parsons
and Company, Printers. 1887."'
o As amended by vote of the people, November 3, 1874.
7254— VOL .5—09 10
2676 New York— 18^6
to another, to be paid or used, any money or other valuable thing
as a compensation or reward for the giving or withholding a vote
at an election, or who shall make any promise to influence the giving
or withholding any such vote, or who shall make or become directly
or indirectly interested in any bet or wager depending upon the result
of any election, shall vote at such election; and upon challenge for
such cause, the person so challenged, before the officers authorized
for that purpose shall receive his vote, shall swear or affirm before
such officers that he has not received or offered, does not expect to
receive, has not paid, offered or promised to pay, contributed, offered
or promised to contribute to another, to be paid or used, any money or
other valuable thing as a compensation or reward for the giving or
withholding a vote at such election, and has not made any promise
to influence the giving or withholding of any such vote, nor made
or become directly or indirectly interested in any. bet or wager
depending upon the result of such election. The legislature, at the
session thereof next after the adoption of this section, shall, and from
time to time thereafter may, enact laws excluding from the right of
suffrage all persons convicted of bribery or of any infamous crime.
Sec. 3. For the purpose of voting, no person shall be deemed to
have gained or lost a residence, by reason of his presence or absence,
Avhile employed in the service of the United States; nor Avhile en-
gaged in the navigation of the waters of this State, or of the United
States, or of the high seas; nor while a student of any seminary of
learning; nor while kept at any alms-house, or other asylum, at
public expense ; nor while confined in any public prison.
« Sec. 5. The Assembly shall consist of one hundred and twenty-
eight members, elected for one year. The members of Assembly shall
be apportioned among the several counties of the State, by the Legis-
lature, as nearly as may be, according to the number of their respec-
tive inhabitants, excluding aliens, and shall be chosen by single dis-
tricts. The Assembly districts shall remain as at present organized,
until after the enulneration of the inhabitants of the State, in the year
eighteen hundred and seventy-five. The Legislature, at its first ses-
sion after the return of every enumeration, shall apportion the Mem-
bers of Assembly among the several counties of the State, in manner
aforesaid, and the board of supervisors in such counties as may be
entitled under such apportionment to more than one member, except
the city and county of New York, and in said city and county the
board of aldermen of said city shall assemble at such time as the
Legislature making such apportionment shall prescribe, and divide
their respective counties into Assembly districts, each of which dis-
tricts shall consist of convenient and contiguous territory equal to
the number of members of Assembly to which such counties shall be
entitled, and shall cause to be filed in the offices of the Secretary of
State and the clerks of their respective counties, a description of such
districts, specifying the number of each district and the population
thereof, according to the last preceding enumeration as near as can be
ascertained, and the apportionment and districts shall remain un-
altered until another enumeration shall be made as herein provided.
No town shall be divided in the formation of Assembly districts.
Every county heretofore established and separately organized, except
a As amended by vote of the people, November 3, 1874.
New York— 1846 2677
the county of Hamilton, shall always be entitled to one member of
the Assembly, and no new county shall be hereafter erected, unless its
population shall entitle it to a member. The county of Hamilton
shall elect with the county of Fulton, until the population of the
county of Hamilton shall, according to the ratio, be entitled to a
member. But the* Legislature may abolish the said county of Ham-
ilton, and annex the territory thereof to some other county or coun-
ties. Nothing in this section shall prevent division at any time of
counties and towns, and the erection of new towns and counties by
the Legislature.
« Sec. C. Each member of the Legislature shall receive for his serv-
ices an annual salary of one thousand five hundred dollars. The
members of either house shall also receive the sum of one dollar for
every ten miles they shall travel, in going to and returning from their
place of meeting, once in each session, on the most usual route. Sena-
tors, when the Senate alone is convened in extraordinary session, or
when serving as members of the Court for the Trial of Liipeach-
ments, and such members of the Assembly, not exceeding nine in
number, as shall be appointed managers of an impeachment, shall
receive an additional allowance of ten dollars a day.
" Sec. 7. No member of the Legislature shall receive any civil ap-
pointment within this State, or the Senate of the United States, from
the (jovernor, the Governor and Senate, or from the Legislature, or
from any city government, during the time for w^hich he shall have
been elected ; and all such appointments and all votes given for any
such member for any such office or appointment shall be void.
" Sec. 8. No person shall be eligible to the Legislature who, at the
time of his election, is, or within one hundred days previous thereto
has been, a member of Congress, a civil or military officer under the
United States, or an officer under any city government. And if any
j)erson shall, after his election as a member of the Legislature, be
ejected to Congress, or appointed to any office, civil or military,
under the government of the United States, or under any city govern-
ment, his acceptance thereof shall vacate his seat.
Article III
''Sec. IT. No act shall be passed Avhich shall provide that any
existing law, or any part thereof, shall be made or deemed a part of
said act, or Avhich shall enact that any existing hiAV, or any part
thereof, shall be applicable, except by inserting it in such act.
^ Sec. 18. The Legislature shall not pass a private or local bill in
any of the following cases :
Changing the names of persons.
Laying out, opening, altering, working or discontinuing roads,
highways or alleys, or for draining swamps or other low lands.
Locating or changing county seats.
Providing for changes of venue in civil or criminal cases.
Incorporating villages.
Providing for election of members of boards of supervisors.
Selecting, drawing, summoning or impaneling grand or petit jurors.
Kegulating the rate of interest on money.
K
«As amended by vote of the people, November :>, 1874.
6 Added by vote of the people, November 3, 1874.
2678 New York— 18^6
The opening and conducting of elections or designating places of
voting.
Creating, increasing or decreasing fees, percentage or allowances of
public officers, during the term for which said officers are elected or
appointed.
Granting to any corporation, association or individual the right
to lay down railroad tracks.
Granting to any private corporation, association or individual any
exclusive privilege, immunity or franchise whatever.
Providing for building bridges, and chartering companies for such
purposes, except on the Hudson river below Waterford, and on the
East river, or over the waters forming a part of the boundaries of
the State.
The Legislature shall pass general laws providing for the cases
enumerated in this section, and for all other cases which in its judg-
ment may be provided for by general laws. But no law shall au-
thorize the construction or operation of a street railroad except upon
the condition that the consent of the owners of one-half in value
the property bounded on, and the consent also of the local authorities
having the control of that portion of a street or highway upon Avhich
it is proposed to construct or operate such railroad be first obtained,
or in case the consent of such property-owners cannot be obtained, the
General Term of the Supreme Court, in the district in Avhich it is
proposed to be constructed, may, upon application, appoint three
commissioners who shall determine, after a hearing of all parties in-
terested, whether such railroad ought to be constructed or operated,
and their determination, confirmed by the court, may be taken in lieu
of the consent of the property-owners.
" Sec. 19. The Legislature shall neither audit nor allow any private
claim or account against the State, but may appropriate money to pay
such claims as shall have been audited and allowed according to law.
" Sec. 20. Every law w^hich imposes, continues or revises a tax shall
distinctly state the tax and the object to which it is to be applied,
and it shall not be sufficient to refer to any other law to fix such tax
or object.
« Sec. 21. On the final passage, in either house of the Legislature,
of any act which imposes, continues or revives a tax, or creates a debt
or charge, or makes, continues or revives any appropriation of public
or trust money or property, or releases, discharges or commutes any
claim or demand of the State, the question shall be taken by yeas
and nays, which shall be duly entered upon the journals, and three-
fifths of all the members elected to either house shall, in all such
cases, be necessary to constitute a quorum therein.
«Sec. 22.. There shall be in the several counties, except in cities
whose boundaries are the same as those of the county, a board of
supervisors, to be composed of such members, and elected in such
manner, and for such period, as is or may be provided by law. In
any such city the duties and powers of a board of supervisors may be
devolved upon the common council or board of aldermen thereof.
^ Sec. 23. The Legislature shall, by general laws, confer upon the
boards of supervisors of the several counties of the State such further
powers of local legislation and administration as the Legislature may
from time to time deem expedient.
o Added by vote of tlie people, November 3, 1874,
A
New York— 1846 2679
«Sec. 24. The Legislature shall not, nor shall the common council
of any city, nor any board of supervisors, grant any extra compensa-
tion to any public officer, servant, agent or contractor.
« Sec. 25. Sections seventeen and eighteen of this article shall not
apply to any bill, or the amendments to any bill, which shall be
reported to the Legislature by commissioners who have been ap-
l)ointed j^ursuant to law to revise the statutes.
Article IV
'^ Section 1. The executive power shall be vested in a Governor,
who shall hold his office for three years ; a Lieutenant-Governor shall
be chosen at the same time, and for the same term. The Governor
and Lieutenant-Governor elected next preceding the time when this
section shall take effect shall hold office during the term for which
they were elected.
^ Sec. 2. No person shall be eligible to the office of Governor or
Lieutenant-Governor, except a citizen of the United States, of the
age of not less than thirty years, and who shall have been five years,
next preceding his election, a resident of this State.
^ Sec. 4. The Governor shall be commander-in-chief of the military
and naval forces of the State. He shall have power to convene the
Legislature (or the State only) on extraordinary occasions. At
extraordinary sessions no subject shall be acted upon, except such as
the (lovernor may recommend for consideration. He shall com-
nninicate by message to the Legislature at every session the condition
of the State, and recommend such matters to them as he shall judge
expedient. He shall transact all necessary business with the officers
of government, civil and military. He shall expedite all such meas-
ures as may be resolved upon by the Legislature, and shall take care
that the laws are faithfully executed. He shall receive for his serv-
ices an annual salary of ten thousand dollars, and there shall be
provided for his use a suitable and furnished executive residence.
^' Sec. 8. The Lieutenant-Governor shall receive for his services an
annual salary of five thousand dollars, and shall not receive or be
entitled to any other compensation, fee or perquisite for any duty or
service he nuiy be required to perform by the Constitution or by law.
^ Sec. 9. p]very bill which shall have passed the Senate and As-
sembly shall, before it becomes a law, 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, which shall
enter the objections at large on the journal, and proceed to recon-
sider it. If, after such reconsideration, two-thirds of the members
elected to that house shall agree to pass the bill it shall be sent
together with the objections to the other house by which it shall like-
wise be reconsidered ; and if approved by two-thirds of the members
elected to that house, it shall become a law notwithstanding the
objections of the Governor. In all such cases, the votes in both
houses shall be determined by yeas and nays, and the names of the
members voting shall be entered on the journal of each house re-
spectively. If any bill shall not be returned by the Governor within
ten days (Sundays excepted) after it shall have been jDresented to
«- Added by vote of the people, November 3, 1874.
^ As anieiided by vote of the people, Noveml)er .*>, 1874.
2680 New York— 1846
him, the same shall be a law in like manner as if he had signed it,
unless the Legislature shall, by their adjouriUBent, prevent its return,
in which case it shall not become a law without the approval of the
Governor. No bill shall become a law after the finar adjournment
of the Legislature, unless approved by the Governor within thirty
days after such adjournment. If any bill presented to the Governor
contain several items of appropriation of money, he may object to
one or more of such items while approving of the other portion of
the bill. In such case, he shall append to the bill, at the time of sign-
ing it, a statement of the items to which he objects; and the appro-
priation so objected to shall not take effect. If the Legislature be
in session, he shall transmit to the house in which the bill originated
a copy of such statement, and the items objected to shall be separately
reconsidered. If, on reconsideration, one or more of such items be
approved by two-thirds of the members elected to each house, the
same shall be part of the law, notwithstanding the objections of the
Governor. All the provisions of this section, in relation to bills not
approved by the Governor, shall apply in cases in wdiich he shall
withhold his approval from any item or items contained in a bill
appropriating money.
Article V
" Sec. 3. A Superintendent of Public Works shall be appointed by
the Governor, by and with the advice and consent of the Senate, and
hold his office until the end of the term of the Governor by whom
he was nominated, and until his successor is appointed and qualified.
He shall receive a compensation to be fixed by law. He shall be
required by law to give security for the faithful execution of his
office before entering upon the duties thereof. He shall be charged
with the execution of all laws relating to the repair and navigation
of the canals, and also of those relating to the construction and im-
provement of the canals, except so far as the execution of the laws
relating to such construction or improvement shall be confided to the
State Engineer and Surveyor; subject to the control of the Legisla-
ture, he shall make the rules and regulations for the navigation or
use of the canals. He ma}^ be suspended or removed from office by
the Governor, whenever, in his judgment, the public interest shall so
require; but in case of the removal of such Superintendent of Public
Works from office, the Governor shall file with the Secretary of
State a statement of the cause of such removal, and shall report such
removal, and the cause thereof, to the Legislature at its next session.
The Superintendent of Public AYorks shall appoint not more than
three assistant superintendents, whose duties shall be prescribed by
him, subject to modification by the Legislature, and who shall re-
ceive for their services a compensation to be fixed by law. They
shall hold their office for three years, subject to suspension or removal
by the Superintendent of Public Works, whenever, in his judgment,
the public interest shall so require. Any vacancy in the office of any
such assistant superintendent shall be filled for the remainder of
the term for which he was appointed, by the Superintendent of Pub-
lic Works; but in case of the suspension or removal of any such
o As amended by vote of the people, November 7, 1876.
i
New York— 1846 2681
assistant superintendent by him, he shall at once report to the Gov-
ernor, in writing, the cause of such removal. All other persons
employed in the care and management of the canals, except collectors
of tolls, and those in the department of the State Engineer and
Surveyor, shall be appointed by the Superintendent of Public Works,
and be subject to suspension or removal by him. The office of Canal
Commissioner is abolished from and after the appointment and
qualification of the Superintendent of Public Works, until which
time the Canal Commissioners shall continue to discharge their
duties as now provided by law. The Superintendent of Public
Works shall perform all the duties of the Canal Commissioners, and
Board of Canal Commissioners, as now declared by law, until other-
wise provided by the Legislature. The Governor, by and with the
advice and consent of the Senate, shall have power to fill vacancies
in the office of Superintendent of Public Works;, if the Senate be
not in session, he may grant commissions which shall expire at the
end of the next succeeding session of the Senate.
« Sec. 4. A Superintedent of State Prisons shall be appointed by
the Governor, by and with the advice and consent of the Senate, and
hold his office for five years unless sooner removed; he shall give
security in such amount, and with such sureties as shall be required
by law for the faithful discharge of his duties; he shall have the
superintendence, management and control of State prisons, subject
to such laws as now exist or may hereafter be enacted ; he shall ap-
point the agents, wardens, physicians and chaplains of the prisons.
The agent and warden of each prison shall appoint all other officers
of such prison, except the clerk, subject to the approval of the same
by the Superintendent. The Comptroller shall appoint the clerks
of the prisons. The Superintendent shall have all the powers and
perform all the duties not inconsistent herewith, which have hereto-
fore been had and performed by the Inspectors of State Prisons ; and
from and after the time when such Superintendent of State Prisons
shall have been appointed and qualified, the office of Inspector of
State Prisons shall be and hereby is abolished. The Governor may
remove tlie Superintendent for cause at any time, giving to him a
copy of the charges against him, and an opportunity to be heard in
his defense.
Article VI «
Section 1. The Assembly shall have the power of impeachment,
by a vote of the majority or all the members elected. The Court for
the Trial of Impeachments shall be composed of the President of the
Senate, the Senators, or a major part of them, and the Judges of the
Court of Appeals, or the major part of them. On the trial of an
impeachment against the Governor, the Lieutenant-Governor shall
not act as a member of the court. No judicial officer shall exercise
his office, after articles of impeachment against him shall have been
preferred to the Senate, until he shall have been acquitted. Before
the trial of an impeachment, the members of the court shall take an
oath or affirmation, truly and impartially to try the impeachment,
according to evidence; and no person shall be convicted without the
concurrence of two-thirds of the members present. Judgment in
I^K concur:
aAs aiueiuled by vote of the people, November 7, 1876.
2682 New York—1846
cases of impeachment shall not extend further than to removal from
office, or removal from office and disqualification to hold and enjoy
any office of honor, trust, or profit, under this State; but the party
impeachment shall be liable to indictment and punishment according
to law.
Sec. 2. There shall be a Court of Appeals, composed of a Chief
Judge and six Associate Judges, who shall be chosen by the electors
of the State, and shall hold their office for the term of fourteen years
from and including the first day of January next after their election.
At the first election of Judges, under this Constitution, every elector
may vote for the Chief and only four of the Associate Judges. Any
five members of the court shall form a quorum, and the concurrence
of four shall be necessary to a decision. The court shall have the
appointment, with the power of removal, of its reporter and clerk,
and of such atterrdants as may be necessary.
Sec. 3. When a vacancy shall occur, otherwise than by expiration
of term, in the office of Chief or Associate Judge of the Court of
Appeals, the same shall be filled, for a full term, at the next general
election happening not less than three months after such vacancy
occurs ; and until the vacancy shall be so filled, the Governor by and
Avith the advice and consent of the Senate, if the Senate shall be in
session, or if not, the Governor' alone, may appoint to fill such
vacancy. If any such appointment of Chief Judge shall be made
from among the Associate Judges, a temporar}^ appointment of Asso-
ciate Judge shall be made in like manner; but in such case, the per-
son appointed Chief Judge shall not be deemed to vacate his office
of Associate Judge any longer than until the expiration of his ap-
pointment as Chief Judge. The powers and jurisdiction of the court
shall not be suspended for Avant of appointment or election, Avhen
the number of Judges is sufficient to constitute a quorum. All
appointments under this section shall continue until and including
the last day of December next after the election at Avhich the vacancv
hhall be filled.
Sec. 4. Upon the organization of the Court of Appeals, under this
article, the causes then pending in the present Court of Appeals shall
become vested in the Court of Appeals hereby established. Such of
said causes as are pending on the first day of January, eighteen hun-
dred and sixty-nine, shall be heard and determined by a Commission,
to be composed of five Commissioners of Appeals, four of Avhom
shall be necessary to constitute a quorum ; but the Court of Appeals
hereby established may order any of said causes to be heard therein.
Such Commission shall be composed of the Judges of the present
Court of Appeals, elected or appointed thereto, and a fifth Commis-
sioner who shall be appointed by the Governor, by and Avith the ad-
Adce and consent of the Senate ; or, if the Senate be not in session, by
the Governor; but in such case, the appointment shall expire at the
end of the next session.
Sec. 5. If any vacancy shall occur in the office of the said Commis-
sioners, it shall be filled by appointment b}^ the Governor by and with
the advice and consent of the Senate; or if the Senate is not in ses-
sion, by the Governor ; but in such case, the appointment shall expire
at the end of the next session. The Commissioners shall appoint,
from their number, a Chief Commissioner ; and may appoint and re-
New York— mo 2683
move such attendants as may be necessary. The reporter of the Court
of Appeals shall be the reporter of said Commission. The decisions
of the Commission shall be certified to, and entered and enforced, as
the judgments of the Court of Appeals. The Commission shall con-
tinue until the causes committed to it are determined, but not exceed-
ing three years; and all causes then undetermined shall be heard by
the Court of Appeals.
Sec. 6. There shall be the existing Supreme Court with general
jurisdiction in law and equity, subject to such appellate jurisdiction
of the Court of Appeals as now is or may be prescribed by law ; and
it shall be composed of the Justices now in office, who shall be con-
tinued during their respective terms and of their successors. The
existing Judicial Districts of the State are continued until changed
pursuant to this section. Five of the Justices shall reside in the
District in which is the City of New York, and four in each of the
other Districts. The Legislature may alter the Districts without in-
creasing the number once after every enumeration under this Consti-
tution of the inhabitants of the State.
Sec. 7. At the first session of the Legislature, after the adoption of
this article, and from time to time thereafter as may be necessary j
but not oftener than once in five years, provisions shall be made for
organizing, in the Supreme Court, not more than four General Terms
thereof, each to be composed of a Presiding Justice, and not more
than three other Justices, who shall be designated, according to law,
from the whole number of Justices. Each Presiding Justice shall
continue to act as such during his term of office. Provision shall be
made by law for holding the General Terms in each judicial district.
Any Justice of the Supreme Court may hold Special Terms and Cir-
cuit Courts, and may preside in Courts of Oyer and Terminer, in any
county.
Sec. 8. No Judge or Justice shall sit, at a General Term of any
court, or in the Court of Appeals, in review of a decision made by
him, or by any court of which he was at the time a sitting member..
The testimony in equity cases shall be taken in like manner as in cases
at law ; and except as herein otherwise provided, the Legislature
shall have the same power to alter and regulate the jurisdiction and
proceedings in law and equity that they have heretofore exercised.
Sec. 9. When a vacancy shall occur, otherwise than by expiration
of term, in the office of Justice of the Supreme Court, the same shall
be filled, for a full term, at the next general election happening not
less than three months after such vacancy occurs; and until any va-
cancy shall be so filled, the Governor by and with the advice and con-
sent of the Senate, if the Senate shall be in session, or if not in session,
the Governor may appoint to fill such vacancy. Any such appoint-
ment shall continue until and including the last day of December
next after the election at which the vacancy shall be filied.
Sec. 10. The Judges of the Court of Appeals, and the Justices of
the Supreme Court, shall not hold any other office or public trust.
All votes for any of them, for any other than a judicial office, given
by the Legislature or the people, shall be void.
Sec. 11. Judges of the Court of Appeals, and Justices of the Su-
preme Court, may be removed by concurrent resolution of both houses
of the Legislature, if two-thirds of all the members elected to each
2684 New York— 1846
house concur therein. All judicial officers, except those mentioned
in this section, and except Justices of the Peace and Judges and Jus-
tices of inferior courts not of recoid, may be removed by the Senate,
on the recommendation of the Governor, if two-thirds of all the mem-
bers elected to the Senate concur therein. But no removal shall be
made, by virtue of this section, unless the cause thereof be entered
on the journals, nor unless the party complained of shall have been
served with a copy of the charges against him, and shall have had
an opportunity of being heard. On the question of removal, the
yeas and nays shall be entered on the journal.
Sec. 12. The Superior Court of the City of New York, the Court
of Common Pleas for the city and county of New York, the Superior
Court of Buffalo, and the City Court of t3rooklyn, are continued, with
the powers and jurisdiction they now severally have, and such further
civil and criminal jurisdiction as may be conferred by law. The
Superior Court of New York shall be composed of the six Judges in
office at the adoption of this article, and their successors ; the Court of
Common Pleas of New York, of the three Judges then in office and
their successors, and three additional Judges; the Superior Court of
Buffalo, of the Judges now in office and their successors; and the City
Court of Brooklyn of such number of Judges not exceeding three as
may be provided by law. The Judges of said courts in office at the
adoption of this article are continued until the expiration of their
terms. A Chief Judge shall be appointed by the Judges of each of said
courts from their ow^n number, who shall act as such during his official
term. Vacancies in the office of the Judges named in this section oc-
curring otherwise than by expiration of term shall be filled in the
same manner as vacancies in the Supreme Court. The Legislature
may provide for detailing Judges of the Superior Court and Court
of Common Pleas of New York to hold Circuits or Special Terms of
the Supreme Court in that city as the public interest may require.
Sec. 13. Justices of the Supreme Court shall be chosen by the
electors of their respective Judicial Districts. Judges of all the
courts mentioned in the last preceding section shall be chosen by the
electors of the cities respectively in which the said courts are insti-
tuted. The official terms of the said Justices and Judges who shall
be elected after the adoption of this article shall be fourteen years
from and including the first day of January next after their elec-
tion. But no person shall hold the office of justice or Judge of any
court longer than until and including the last day of December next
after he shall be seventy years of age.
Sec. 14. The Judges and Justices hereinbefore mentioned shall re-
ceive for their services a compensation to be established by law,
which shall not be diminished during their official terms. Except the
Judges of tlie Court of Appeals and the Justices of the Supreme
Court, they shall be paid, and the expenses of their courts defrayed,
by the cities or counties in which such courts are instituted, as shall
be provided by law.
Sec. 15. The existing County Courts are continued, and the Judges
thereof in office at the adoption of this article shall hold their offices
until the expiration of their respective terms. Their successors shall
be chosen by the electors of the counties, for the term of six years.
The County Court shall have the powers and jurisdiction they now
New York— 1846 2685
possess, until altered by the Legislature. They shall also have origi-
nal jurisdiction in all cases where the defendants reside in the county
and in which the damages claimed shall not exceed one thousand dol-
lars; and also such appellate jurisdiction as shall be provided by law,
subject, however, to such provision as shall be made by law for the
removal of causes into the Supreme Court. They shall also have such
other original jurisdiction as shall, from time to time, be conferred
upon them by the Legislature. The County Judge, with two Justices
of the Peace, to be designated according to law% may hold Courts of
Sessions, with such criminal jurisdiction as the Legislature shall pre-
scribe, and he shall perform such other duties as may be required by
law. His salary, and the salary of the Surrogate w^hen elected as a
separate officer, shall be established by law, payable out of the County
Treasury, and shall not be diminished during his term of office. The
Justices of the Peace shall be paid, for services in Courts of Sessions,
a per diem allpwance out of the County Treasury. The County Judge
shall also be Surrogate of his county ; but in counties having a popu-
lation exceeding forty thousand, the Legislature may provide for the
election of a separate officer to be Surrogate, whose term of office shall
be the same as that of the County Judge. The County Judge of any
county may preside at Courts of Sessions, or hold County Courts, in
any other county, except New York and Kings, when requested by the
Judge of such other county.
Sec. 16. The Legislature may, on application of the board of super-
visors, i^rovide for the election of local officers, not to exceed two in
any county, to discharge the duties of County eJudge and of Surro-
gate, in cases of their inability, or of a vacancy, and to exercise such
other powers in special cases as may be provided by law.
Sec. 17. The Legislature shall provide for submitting to the elec-
tors of the State, at the general election in the year eighteen hundred
and seventy-three, two questions, to be voted upon on separate ballots,
as follows: First, "Shall the offices of Chief Justice and Associate
»Judge of the Court of Appeals, and of Justice of the Supreme Court,
be hereafter filled by appointment?" « If a majority of the votes
upon the question shall be in the affirmative, the said officers shall
not thereafter be elective, but, as vacancies occur, they shall be filled
by appointment by the Governor by and with the advice and consent
of the Senate; or if the Senate be not in session, by the Governor;
but in such case, he shall nominate to the Senate w^hen next convened,
and such apj)ointment by the Governor alone shall expire at the end
of that session. Second, "' Shall the offices of the Judges mentioned in
sections twelve and fifteen of article six of the Constitution, be here-
after filled by appointment?"" If a majority of the votes upon the
question shall be in the affirmative, the said officers shall not there-
after be elective, but, as vacancies occur, they shall be filled in the
manner in this section above provided.
Sec. 18. The electors of the several towns shall, at their annual
town meeting, and in such manner as the Legislature may direct,
elect Justices of the Peace, whose term of office shall be four years.
o Submitted to vote of the people, November 4, 1873 — pursuant to chapter 314,
Laws of 1873, — and determined in the negative.
2686 New York—1846
In case of an election to fill a vacanc}^ occurring before the expira-
tion of a full term, they shall hold for the residue of the unexpired
term. Their number and classification may be regulated by law.
Justices of the Peace, and Judges or Justices of inferior courts not of
record and their clerks, may be removed, after due notice and an
opportunity of being heard by such courts as may be prescribed by
law, for causes to be assigned in the order of removal. Justices of
the Peace and District Court Justices shall be elected in the different
cities of this State, in such manner, and with such powers, and for
such terms, respectively, as shall be prescribed by law; all other
judicial officers in cities, whose election or appointment is not other-
wise provided for in this article, shall be chosen by the electors of
cities, or appointed by some local authorities thereof.
Sec. 19. Inferior local courts of civil and criminal jurisdiction may
be established by the Legislature ; and except as herein otherwise pro-
vided, all judicial officers shall be elected or appointed at such times,
and in such manner, as the Legislature may direct.
Sec. 20. Clerks of the several counties shall be Clerks of the Su-
preme Court, with such powers and duties as shall be prescribed by
law. The Clerk of the Court of Appeals shall keep his office at the
seat of government. His compensation shall be fixed by law and
paid out of the public treasury.
Sec. 21. No judicial officer, except Justices of the Peace, shall
receive to his own use any fees or perquisites of office ; nor shall any
Judge of the Court of Appeals, Justice of the Supreme Court, or
Judge of a court of record in the cities of New York, Brooklyn or
Buffalo, practice as an attorney or counselor in any court of record
in this State, or act as referee.
Sec. 22. The Legislature may authorize the judgments, decrees and
decisions of any court of record of original civil jurisdiction, estab-
blished in a city, to be removed for review, directly into the Court of
Appeals.
Sec. 23. The Legislature shall provide for the speedy publication
of all Statutes, and also for the appointment by the Justices of the
Supreme Court designated to hold General Terms, of a reporter of
the decisions of that court. All laws and judicial decisions shall be
free for publication by any person.
Sec. 24. The first election of Judges of the Court of Appeals, and
of the three additional Judges of the Court of Common Pleas for the
city and county of New York shall take place on such day, between
the first Tuesday of April and the second Tuesday in June next after
the adoption of this article, as may be provided by law. The Court
of Appeals, the Commissioners of Appeals, and the additional Judges
of the said Court of Common Pleas, shall respectively enter upon their
dutes on the first Monday of July thereafter.
Sec. 25. Surrogates, Justices of the Peace and local judicial officers
provided for in section sixteen, in office when this article shall take
effect, shall hold their respective offices until the expiration of their
terms.
Sec. 26. Courts of Special Sessions shall have such jurisdiction of
offenses of the grade of misdemeanors as may be prescribed by law.
Sec. 27. For the relief of Surrogates' Courts, the Legislature may
confer upon courts of record, in any county having a population
exceding four hundred thousand, the powers and jurisdiction of
New York— 1846 2687
Surrogates, with authority to try issues of fact by jury in probate
causes.
^ Sec. 28. The Court of Appeals may order any of the causes, not
exceeding five hundred in number, pending in that court at the time
of the adoption of this provision, to be heard and determined by the
Commissioners of Appeals, and the Legislature may extend the term
of service of the Commissioners of Appeals, not exceeding two years.^
^ Sec. 28. The Legislature, at the first session thereof after the
adoption of this amendmtent, shall provide for organizing in the
Supreme Court not more than five General Terms thereof; and for
the election at the general election next after the adoption of this
amendment, by the electors, of the judicial districts mentioned in this
section, respectively, of not more than two Justices of the Supreme
Court in addition to the Justices of that court now in office in the first,
fifth, seventh and eighth, and not more than one Justice of that court
in the second, third, fourth and sixth judicial districts.*^ The Justices
so elected shall be invested with their offices on the first Monday of
June next after their election.
Article VI
. ^ Sec. 6. There shall be the existing Supreme Court, with general
jurisdiction in law and equity, subject to such appellate jurisdiction
of the Court of Appeals as now is or may be prescribed by law ; and
it shall be composed of the Justices now in office, with one additional
Justice, to be elected as hereinafter provided, who shall be continued
during their respective terms, and of their successors. The existing
judicial districts of the State are continued until changed pursuant to
this section.^ Five of the Justices shall reside in the district in which
is the city of New York, and five in the second judicial district and
four in each of the other districts. ^^ The Legislature may alter the
districts, without increasing the number, once after every enumera-
tion, under this Constitution, of the inhabitants of the State.
^ Sec. 12. The Superior Court in the city of New York, the Court
of Common Pleas for the city and county of New York, the Superior
Court of Buffalo, and the City Court of Brooklyn, are continued w^ith
the poAvers and jurisdiction they now severally have, and such further
« Section 28 added by vote of the people, November 5, 1872.
Article 0 of the Constitution (except section 28) was framed by delegates
elected April 28, 1807, under chapter 194, i^aws of 1867, to a Constitutional Con-
vention (convened pursuant to section 2 of article 13 of the Constitution, by vote
of the people at the general election held November (5, 180(5), which Convention
met in the city of Albany June 4, 1807, and adjourned February 28, 1808.
Article 6 (except section 28) was submitted separately to the people, pur-
suant to chapter 318, Laws of 1869, at the general election held November 2,
1809, and declared ratified and adopted by the Board of State Canvassers, by
certificate of determination, dated December 0, 1869, the otticial vote thereon,
as declared, standing, " for the amended judiciary article," 247,240 votes, and
** against the amended judiciary article," 240,442 votes.
6 Term of service of Commissioners of Appeals extended to July 1, 1875, by
chapter 3, Laws of 1873.
c So in the original. As amended by vote of the people, November 7, 1882.
^ See chapter 329, Laws of 1883.
'^ As amended by a vote of the people November 4, 1879.
f See chapter 241. Laws of 1847. chapter 48r», Laws of 1857, and chapter 24,
Laws of 1876, for existing judicial districts. See, also, section 28, adopted by
people November 7, 1882. increasing number of Justices of the Supreme Court,
and chai)ter 32i), Laws of 1883.
'J See note « on p. 2088,
2688 New York— 1846
civil and criminal jurisdiction as may be conferred by law. The
Superior Court of New York shall be composed of the six Judges in
office at the adoption of this article, and their successors ; the Court of
Common Pleas of New York, of the three Judges then in office, and
their successors, and three additional Judges; the Superior Court of
Buffalo, of the Judges now in office and their successors ; and the City
Court of Brooklyn, of such number of Judges, not exceeding three,
as may be provided by law. The Judges of said courts, in office at
the adoption of this article, are continueti until the expiration of
their terms. A Chief Judge shall be appointed by the Judges of
each of said courts, from their own number, w^ho shall act as such
during his official term. Vacancies in the office of the Judges named
in this section, occurring otherwise than by expiration of term, shall
be filled in the same manner as vacancies in the Supreme Court. The
Legislature may provide for detailing Judges of the Superior Court
and Court of Common Pleas of New York, to hold Circuits and Spe-
cial Terms of the Supreme Court in that city, and" for detailing
Judges of the City Court of Brooklyn to hold Circuits and Special
Terms of the Supreme Court in Kings county, as the public interest
may require.
^ Sec. 13. Justices of the Supreme Court shall be chosen by the
electors of their respective judicial districts. Judges of all courts
mentioned in the last preceding section shall be chosen by the electors
of the cities respectively in which said courts are instituted. The
official terms of the said Justices and Judges who shall be elected
after the adoption of this article, shall be fourteen years from and
including the first day of January next after their election. But no
a Sections 12 and 13, amended by vote of the people, November 2, 1880.
" Journal of the Convention of the State of New York, begun and held at the
Capitol, in the City of Albany on the 4th Day of June, 1867. Albany : Weed,
Parsons & Company ; Printers to the Convention. 1867. pp. 1547."
" Proceedings and Debates of the Constitutional Convention of the State of
New York, held in 1867 and 1868, in the City of Albany. Re^^orted by Edward
F. Underbill, official stenographer, Vols, I, II, III, IV, V. With Index. Albany :
Weed, Parsons and Company, Printers to the convention. 1868."
" New York Convention Manual prepared in pursuance of Chapters 194 and
458, of the laws of 1867, under the Direction of Francis C. Barlow, Secretary of
State, Thomas Hillhouse, Comptroller, and John H. Martindale, Attorney-Gen-
eral. By Franklin B. Hough. Part I. pp. 586. Constitutions, Part II. pp.
462. Statistics. Albany, N. Y. : Weed, Parsons & Company, Printers. 1867."
"Documents of the Convention of the State of New York, 1867-68. Vols.
I, II, III, IV, V. Nos. 1 to 183 inclusive. Albau : Weed, Parsons and Com-
pany, Printers to the Convention. 1868."
" Revision Documents of the Constitutional Convention of the State of New
York, 1867-'68. Albany, N. y. : Weed, Parsons and Co., Printers to the Con-
vention. 1868." pp. 23.
" Reflections on the changes which may seem necessary in the present Con-
stitution of the State of New York. Published by the New York Union League
Club, by Francis Lieber, LL. D., Professor of Constitutional Law in the Law
School of Columbia College, New York, 1869. pp. 50.
See " Journal of the Constitutional Commission of the State of New York.
Begun and Held in the Common Council Chamber, in the City of Albany, on the
4th Day of December, 1872-3. Albany : Weed, Parsons & Co., Printers, 1873, pp.
483. Appendix.
" Concurrent Resolutions proposing Amendments to the Constitution, of the
State-of New York, with Act of the Legislature, prescribing the form of ballot
for voting thereon, and manner of submitting the same to the Electors of the
State. Published by the New York State Council of Political Reform. Albany,
August 18, 1874," pp. 16.
New York— 1846 2689
person shall hold the office of Justice or Judge of any court longer
than until and including the last day of December next, after he shall
be seventy years of age. The compensation of every Judge of the
Court of Appeals and of every Justice of the Supreme Court, whose
term of office shall be abridged pursuant to this provision, and who
shall have served as such Judge or Justice ten years or more, shall
be continued during the remainder of the term for which he was
elected.
Article VII
"■ Sec. 3. The first and second sections of this article having been
fully complied with, no tolls shall hereafter be imposed on persons or
property transported on the canals, but all boats navigating the
canals, and the owners and
^ Sec. 5. There shall annually be imposed and levied a tax, which
shall be sufficient to pay the interest and ex-
« Sec. 6. The Legislature shall not sell, lease or otherwise dispose
of the Erie canal, the Oswego canal, the Champlain canal, the Cayuga
and Seneca canal, or the Black River canal ; but they shall remain the
property of the State and under its management forever. All funds
that may be derived from 'any lease, sale or other disposition of any
canal shall be applied in payment of the canal debt mentioned in the
third section of this article.
« Sec. 13. The sinking funds provided for the payment of interest
and the extinguishment of the principal of the debts of the State shall
be separately kept and safely invested, and neither of them shall be
appropriated or used in any manner other than for the specific pur-
pose for which it shall have been provided.
« Sec. 14. Neither the Legislature, Canal Board, Canal Appraisers,
nor any person or persons acting in behalf of the State, shall audit,
allow, or pay any claim which, as between citizens of the State, would
be barred by lapse of time. The limitation of existing claims shall
l)egin to run from the adoption of this section; but this provision
shall not be construed to revive claims already barred by existing
statutes, nor to repeal any statute fixing the time within ^vhich claims
shall be presented or allowed, nor shall it extend to any claims duly
presented within the time allowed by law, and prosecuted with due
diligence from the time of such presentment. But if the claimant
shall be under legal disability, the claim may be presented within two
years after such disability is removed.
Article VIII
" Sec. 4. The Legislature shall, by general law, conform all char-
ters of savings banks, or institutions for savings, to a uniformity of
powers, rights and liabilities, and all charters hereafter granted for
such corporations shall be made to conform to such general law, and
to such amendments as may be made thereto. And no such corpora-
tion shall have any capital stock, nor shall the trustees thereof, or any
of them, have any interest whatever, direct or indirect, in the profits
of such corporation ; and no director or trustee of any such bank or
institution shall be interested in any loan or use of any money oi*
« As amended by vote of the people, November 3, 1874.
2690 New York— 1846
property of such bank or institution for savings. The legislature
shall have no power to pass any act granting any special chartetr for
banking purposes; but corporations or associations may be formed
for such purposes under general laws.
« Sec. 10. Neither the credit nor the money of the State shall be
given or loaned to or in aid of any association, corporation or private
undertaking. This section shall not, however, prevent the Legis-
lature from making such provision for the education and support of
the blind, the deaf and dumb, and juvenile delinquents, as to it may
seem proper. Nor shall it apply to any fund or property now held,
or which may hereafter be held, by the State for educational purposes.
^ Sec. 11. No county, city, town or village shall hereafter give any
money or property, or loan its money or credit to or in aid of any
individual, association or corporation, or become directly or indi-
rectly the owner of stock in, or bonds of, any association or corpora-
tion ; nor shall any such county, city, town or village be allowed to
incur any indebtedness except for county, city, town or village pur-
poses. This section shall not prevent such county, city, town or vil-
lage from making such provision for the aid or support of its poor
as may be authorized by laAv. No county containing a city of over
one hundred thousand inhabitants, or any such city, shall be allowed
to become indebted for any purpose or in any manner to an amount
which, including existing indebtedness, shall exceed ten per centum
of the assessed valuation of the real estate of such county or city
subject to taxation, as it appeared by the assessment-rolls of said
county or city on the last assessment for State or county taxes prior
to the incurring of such indebtedness ; and all indebtedness in excess
of such limitation, except such as may now exist, shall be absolutely
void, except as herein otherwise provided. No such county or such
city whose present indebtedness exceeds ten per centum of the as-
sessed valuation of its real estate subject to taxation shall be allowed
to become indebted in any further amount until such indebtedness
shall be reduced within such limit. This section shall not be con-
strued to prevent the issuing of certificates of indebtedness or revenue
bonds issued in anticipation of the collection of taxes for amounts
actually contained, or to be contained in the taxes for the year when
such certificates or revenue bonds are issued and payable out of such
taxes. Nor shall this section be construed to prevent the issue of
bonds to provide for the supply of water, but the term of the bonds
issued to provide for the supply of Avater shall not exceed twenty
years, and a sinking fund shall be created on the issuing of the said
bonds for their redemption, by raising annually a sum which will
produce an amount equal to the sum of the principal and interest of
sand bonds at their maturity. The amount hereafter to be raised by
tax for county or city purposes, in any county containing a city of
over one hundred thousand inhabitants, or any such city of this State,
in addition to providing for the principal and interest of existing
debt, shall not in the aggregate exceed in any one year two per
centum of the assessed valuation of the real and personal estate of
such county or city, to be ascertained as prescribed in this section in
respect to county or city debt.
« As amended by vote of the people, November 3, 1874.
ft Sections 10 and 11 added by vote of the people, November 8, 1S74, and section
11 amended by vote of the people, November 4, 1884,
New York— 1846 2691
Article X
° Sec. 9. No officer whose salary is fixed by the Constitution shall
receive any additonal compensation. Each of the other State officers
named in the Constitution shall, during his continuance in office,
receive a compensation, to be fixed by law, which shall not be
increased or diminished during the term for which he shall have been
elected or appointed ; nor shall he receive to his use any fees or per-
quisites of office or other compensation.
Article XII ^
Section 1. Members of the Legislature (and all officers, executive
and judicial, except such inferior officers as shall be by law exempted)
shall, before they enter on the duties of their respective offices, take
and subscribe the following oath or affirmation : "I do solemnly
swear (or affirm) that I will support the Constitution of the United
States, and the Constitution of the State of New York, and that I
will faithfully discharge the duties of the office of , according
to the best of my ability ; " and all such officers who shall have been
chosen at any election shall, before they enter on the duties of their
respective offices, take and subscribe the oath or affirmation above
prescribed, together with the following addition thereto, as part
thereof :
"And I do further sloemnly swear (or affirm) that I have not
directly or indirectly paid, offered or promised to pay, contributed,
or offered or promised to contribute any money or other valuable
thing as a consideration or reward for the giving or withholding a
vote at the election at which I was elected to said office, and have
not made any promise to influence the giving or withholding any
such vote," and no other oath, declaration or test shall be required as
a qualification for any office of public trust.
Article XV *'
Section 1. Any person holding office under the laws of this State,
who, except in payment of his legal salary, fees or perquisites, shall
receive or consent to receive, directly or indirectly, any thing of value
or of personal advantage, or the promise thereof, for performing
or omitting to perform any official act, or with the express or im-
plied understanding that his official action or omission to act is to
be in any degree influenced thereby, shall be deemed guilty of a
felony. This section shall not affect the validity of any existing
statute in relation to the offense of bribery.
Sec. 2. And person who shall offer or promise a bribe to an officer,
if it shall be received, shall be deemed guilty of a felony and liable
to punishment, except as herein provided. No person offering a
bribe shall, upon any prosecution of the officer lor receiving such
bribe, be privileged from testifying in relation thereto, and he shall
not be liable to civil or criminal prosecution therefor, if he shall
testify to the giving or offering of such bribe. Any person who shall
I
a Section 9 added by vote of the people, November 3, 1874.
6 As amended by vote of the people, November 3, 1874.
c Article 15 added by vote of the people, November 3, 1874.
7254— VOL 5—09 11
2692 New York— 1845-1886
offer or promise a bribe, if it be rejected by the officer to whom it
was tendered, shall be deemed guilty of an attempt to bribe, which
is hereby declared to be a felony.
Sec. 3. Any person charged wdth receiving a bribe, or with offer-
ing or promising a bribe, shall be permitted to testify in his own
behalf in any civil or criminal prosecution therefor.
Sec. 4. Any District Attorney who shall fail faithfully to prosecute
a person charged Avith the violation in his county of any provision
of this article which may come to his knowledge shall be removed
from office by the Governor, after due notice and an opportunity of
being heard in his defense. The expenses which shall be incurred by
any county, in investigating and prosecuting any charge of bribery
or attempting to bribe any ^^erson holding office under the laws of this
State, within such county, or of receiving bribes by any such person
in said county, shall be a charge against the State, and their payment
by the State shall be provided for by law.
Article XVI «
Section 1. All amendments to the Constitution shall be in force
from and including the first day of January succeeding the election
at which the same were adopted, except when otherwise provided
by such amendments.
Done in Convention, at the Capitol in the city of Albany the ninth
day of October in the year one thousand eight hundred and forty-
six, and of the Independence of the United States of America the
seventy-first.
In witness whereof, we have hereunto subscribed our names.
John Tracy,
President and Delegate from County of Chenango.
James F. Starbuck,
H. W. Strong,
Fr. Seger,
Secretaries
VOTE OF THE PEOPLE UPON THE CONSTITUTION AND ITS
AMENDMENTS— 1845-1886.
Nov. 4, 1845. For a convention to consider and alter Constitution 213, 257
Against 33, 860
Nov. 3, 1846. For amended Constitution 221,528
Against 92,436
Feb. 15, 1854. For amendment of section 3 of article 7, for speedy com-
pletion of canals 185,771
Against 60, 526
Nov. 6, 1866. For a convention to revise Constitution 352,854
Against 256,364
a Article 16 added by vote of tbe people, November 3, 1874.
New York— 1845-1886 2693
Nov. 2, 1869. For the amended Constitution 223,935
Against 290, 456
For the amended Judiciary article 247,240
Against 240,442
For a uniform rule of assessment and taxation of real
and personal property 183,812
Against 272, 260
For the property qualification for colored men 282,403
Against 249, 802
Nov. 5, 1872. For amendment of article 6, relating to Commission of
Appeals 176, 038
Against 9, 196
Nov. 4, 1873. For appointment of Judges of Court of Appeals and of
Supreme Court 115,337
Against 319, 979
For appointment of Judges of county and certain city
courts 110, 725
Against 319, 660
Nov. 3, 1874. For amendment of article 2 357,635
Against 177, 033
For amendment of article 3, sections 1 to 8 325,904
Against 206,029
For amendment of article 3, sections 17 to 25 435, 313
Against 98, 050
For amendment of article 4 336, 197
Against 196, 125
For amendment of article 7 428,190
Against 104, 139
For amendment of article 8, sections 4 and 11 337,891
Against 194, 234
For amendment of article 8, section 10 336,237
Against 195, 047
For amendment of article 10 335,548
Against 194, 333
For amendment of article 12 352,514
Against 179, 365
For new article 15 351,693
Against 177, 923
For new article 16 446,883
Against 85, 758
Nov. 7, 1870. For amendment of article 5, section 3 533, 153
Against 81, 832
For amendment of article 5, section 4 530,226
Against 80, 358
Nov. 4, 1879. For amendment of article 6, section 6 95,331
Against 25,578
Nov. 2, 1880. For amendment of article 6, sections 12 and 13 221,903
Against 111, 225
Nov. 7, 1882. For amendment of section 3 of article 7 486, 105
Against 163, 151
For amendment of article 6 248,784
Against 75, 644
Nov. 4, 1884. For amendment of section 11 of article 8 «. 499,661
Against 9, 161
Nov. 2, 1886. For a convention to revise the Constitution and amend
the same 0574, 993
Against 630, 766
o Including 218,376 informal votes. » Including 3,735 informal votes.
2694 New York— 1894
THE CONSTITUTION OF NEW YORK— 1894 * «
PREAMBLE
We, the people of the State of New York, grateful to Almighty
God for our freedom, in order to secure its blessing, do establish this
Constitution.
Article I
Section 1. No member of this State shall be disfranchised, or de-
prived of any of the rights and privileges secured to any citizen
thereof, unless by the law of the land, or the judgment of his peers.
[Section 1 of article I of the amended constitution of 1846, without change.]
§ 2. The trial by jury in all cases in which it has been heretofore
used shall remain inviolate forever; but a jury trial may be waived
by the parties in all civil cases in the manner to be prescribed by law.
[Section 2 of article I of the amended constitution of 1846, without change.]
§ 3. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be
allowed in this State to all mankind ; and no person shall be rendered
incompetent to be a witness on account of his opinions on matters of
religious belief; but the liberty of conscience hereby secured shall^not
be so construed as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this State.
[Section 3 of article I of the constitution of 1846, without change.]
§ 4. The privilege of the writ of habeas corpus shall not be sus-
pended, unless when, in cases of rebellion or invasion, the public
safety may require its suspension.
[Section 4 of article I of the amended constitution of 1846, without change.]
§ 5. Excessive bail shall not be recjuired nor excessive fines im-
posed, nor shall cruel and unusual punishments be inflicted, nor shall
witnesses be unreasonably detained.
[Section 1 of article V of the amended constitution of 1846, without change.]
§ 6. No person shall be held to answer for a capital or otherwise
infamous crime (except in cases of impeachment, and in cases of
militia when in actual service, and the land and naval forces in time
of war, or which this State may keep with the consent of Congress
in time of peace, and in cases of petit larceny, under the regulation
of the Legislature), unless on presentment or indictment of a grand
jury, and in any trial in any court whatever the party accused shall
be allowed to appear and defend in person and with counsel as in
civil actions. No person shall be subject to be twice put in jeopardy
for the same offense ; nor shall he be compelled in any criminal case
* The Clerk's Manual of Rules, Forms and Laws for the Regulation of Busi-
ness in the Senate and Assembly of the State of New York. Published pursu-
ant to section 15 of the legislative law. Lafayette B. Gleason, Clerk of the
Senate ; A. E. Baxter, Clerk of the Assembly. Albany : The Journal Company,
Printers. 1907. 662 pp.
o As proposed by the Constitutional Convention, September 29, 1894, at Albany,
N. Y., and adopted by the people of the State, November 6, 1894.
New York— 1894 2695
to be a witness against himself; nor be deprived of life, liberty or
property without due process of law; nor shall private property be
taken for public use, without just compensation.
[Section G of article I of the constitution of 1846, without change.]
§ 7. When private property shall be taken for any public use, the
compensation to be made therefor, when such compensation is not
made by the State, shall be ascertained by a jury, or by not less than
three commissioners appointed by a court of record, as shall be pre-
scribed by law. Private roads may be opened in the manner to be pre-
scribed by law; but in every case the necessity of the road and the
amount of all damage to be sustained by the opening thereof shall be
first determined by a jury of freeholders, and such amount, together
with the expenses of the proceeding, shall be paid by the person to be
benefited. General laws may be passed permitting the owners or
occupants of agricultural lands to construct and maintain for the
drainage thereof, necessary drains, ditches and dykes upon the lands
of others, under proper restrictions and with just compensation, but
no special laws shall be enacted for such purposes.
[Section 7 of article I of the amended constitution of 1846, amended. The
last sentence, relating to the drainage of agricultural lands, is new.]
§ 8. Every citizen may freely speak, write and publish his senti-
ments on all subjects, being responsible for the abuse of that right;
and no law shall be passed to restrain or abridge the liberty of speech
or of the press. In all criminal prosecutions or indictments for libels,
the" truth may be given in evidence to the jury; and if it shall appear
to the jury that the matter charged as libelous is true, and was pub-
lished with good motives and for justifiable ends, the party shall be
acquitted ; and the jury shall have the right to determine the law and
the fact.
[Section 8 of article I of amended constitution of 1846, without change.]
§ 9. No law shall be passed abridging the right of the people peace-
ably to assemble and to petition the government, or any department
thereof; nor shall any divorce be granted otherwise than by due
judicial proceedings; nor shall any lottery or the sale of lottery
tickets, pool-selling, book-making, or any other kind of gambling
hereafter be authorized or allowed within this state; and the Legis-
lature shall pass appropriate laws to prevent offenses against any of
the provisions of this section.
[Section 10 of article I of the amended constitution of 1846, amended. The
part of this section relating to pool-selling, book-making and other kinds of
gambling is new.]
§ 10. The people of this State, in their right of sovereignty, are
deemed to possess the original and ultimate property in and to all
lands within the jurisdiction of this State ; and all lands the title to
which shall fail, from a defects of heirs, shall revert, or escheat to the
people.
[Section 11 of article I of the amended constitution of 1846, without change.]
§ 11. All feudal tenures of every description, with all their inci-
dents, are declared to be abolished, saving however, all rents and serv-
ices certain which at any time heretofore have been lawfully created
or reserved.
[Section 12 of article I of the amended constitution of 1846, without change.]
2696 New York— 1894
' § 12. All lands within this State are declared to be allodial, so that,
subject only to the liability to escheat, the entire and absohite prop-
erty is vested in the owners, according to the nature of their respec-
tive estates.
[Section 13 of article I of the amended constitution of 1846, without change.]
§ 13. No lease or grant of agricultural land, for a longer x^eriod
than twelve years, hereafter made, in which shall be reserved any
rent or service of any kind, shall be valid.
[Section 14 of article I of the amended constitution of 184G, without change.]
§ 14. All fines, quarter-sales or other like restraints upon aliena-
tion, reserved in any grant of land hereafter to be made, shall be void.
[Section 15 of article I of the amended constitution of 184G, without change.]
§ 15. No purchase or contract for the sale of lands in this State,
made since the fourteenth day of October, one thousand seven hun-
dred and seventy-five ; or which may hereafter be made, of, or with
the Indians, shall be valid, unless made under the authority, and with
the consent of the Legislature.
[Section 16 of article I of the amended constitution of 1846, without change.]
§ 16. Such parts of the common law, and of the acts of the Legis-
lature of the colony of New York, as together did form the law of the
said colony, on the nineteenth day of April, one thousand seven hun-
dred and seventy-five, and the resolutions of the Congress of the said
colony, and of the convention of the State of New York, in force on
the twentieth day of April, one thousand seven hundred and seventy-
seven, which have not since expired, or been repealed or altered;
and such acts of the Legislature of this State as are now in force,
shall be and continue the laAv of this State, subject to such alterations
as the Legislature shall make concerning the same. But all such
parts of the common law, and such of the said acts, or parts thereof,
as are repugnant to this Constitution, are hereby abrogated.
[Section 17 of article I of the amended constitution of 1846, amended, by
striking out the part of such section 17 as related to the appointment and duties
of the codification commissioners.]
§ 17. All grants of land within this State, made by the king of
Great Britain, or persons acting under his authority, after the four-
teenth day of October, one thousand seven hundred and seventy- five,
shall be null and void; but nothing contained in this Constitution
shall affect any grants of land within this State, made by the author-
ity of the said king or his predecessors, or shall annul any charters
to bodies politic or corporate, by him or them made, before that day ;
or shall affect any such grants or charters since made by this State,
or by persons acting under its authority ; or shall impair the obliga-
tion of any debts, contracted by the State or individuals, or bodies
corporate, or any other rights of property, or any suits, actions, rights
of action, or other proceedings in courts of justice.
[Section 18 of article I of the amended constitution of 1846, without change.]
§ 18. The right of action now existing to recover damages , for in-
juries resulting in death, shall never be abrogated ; and the amount
recoverable shall not be subject to any statutory limitation.
[This section is new.]
New York— 1894 2697
Article II
Section 1. Every male citizen of the age of twenty-one years, who
shall have been a citizen for ninety days, and an inhabitant of this
State one year next preceding an election, and for the last four
months a resident of the county, and for the last thirty days a resident
of the election district in which he may offer his vote, shall be enti-
tled to vote at such election in the election district of which he shall
at the time be a resident, and not elsewhere, for all officers that now
are or hereafter may be elective by the people, and upon all ques-
tions which may be submitted to a vote of the people, provided that
•in time of war no elector in the actual military service of the State,
or of the United States, in the army or navy thereof, shall be deprived
of his vote by reason of his absence from such election district ; and
the Legislature shall have power to provide the manner in which
and the time and place at which such absent electors may vote, and
for the return and canvass of their votes in the election districts in
which they respectively reside.
[Section 1 of article II of fhe amended constitution of 1846 amended by requir-
ing a citizenship of ninetj^ days, instead of ten, before election.]
§ 2. No person who shall receive, accept, or offer to receive, or pay,
offer or promise to pay, contribute, offer or promise to contribute to
another, to be paid or used, any money or other valuable thing as a
compensation or reward for the giving or withholding a vote at an
election, or who shall make any promise to influence the giving or
withholding any such vote, or who shall make or become directly or
indirectly interested in any bet or wager depending upon the result
of any election, shall vote at such election; and upon challenge for
such cause, the person so challenged, before the officers authorized
for that purpose shall receive his vote, shall swear or affirm before
such officers that he has not received or offered, does not expect to
receive, has not paid, offered or promised to pay, contributed, offered
or promised to contribute to another, to be paid or used, any money
or other valuable thing as a compensation or reward for the giving
or withholding a vote at such election, and has not made any promise
to nor made or become directly or indirectly interested in any bet or
wager depending upon the result of such election. The Legislature
shall enact laws excluding from the right of suffrage all persons con-
victed of bribery or any infamous crime.
[Section 2 of article II of the amended constitution of 184G, amended. The
last sentence of the 1846 constitution was as follows: "The legislature of the
session thereof next after the adoption of this section, shall, and from time to
time thereafter may, enact laws excluding from the right of suffrage all persons
convicted of bribery or of any infamous crime."]
§ 3. For the purpose of voting, no person shall be deemed to have
gamed or lost a residence, by reason of his presence or absence, while
employed in the service of the United States; nor while engaged in
the navigation of the waters of this State, or of the United States,
or of the high seas ; nor while a student of any seminary of learning ;
nor while kept at any almshouse, or other asylum, or institution
wholly or partly supported at public expense or by charity ; nor while
confined in any public prison.
[Section 3 of article II of the amended constitution of 1846 amended by insert-
ing after the word " asylum " the words " or other institution wholly or partly
supported," and after the word " expense " the words " or by charity."]
2698 New York— 1894
§ 4. Laws shall be made for ascertaining, by proper proofs, the
citizens who shall be entitled to the right of suffrage hereby estab-
lished, and for the registration of voters; which registration shall
be completed at least ten days before each election. Such registra-
tion shall not be required for town and village elections except by
express provision of law. In cities and villages having five thousand
inhabitants or more, according to the last preceding state enumera-
tion of inhabitants, voters shall be registered upon personal applica-
tion only; but voters not residing in such cities or villages shall not
be required to apply in person for registration at the first meeting
of the officers having charge of the registry of voters.
[Section 4 of article II of the amended constitution of 1846 amended by
adding all after the word " established."]
§ 5. All elections by the citizens, except for such town officers as
may by law be directed to be otherwise chosen, shall be by ballot, or
by such other method as may be prescribed by law, provided that
secrecy in voting be preserved.
[Section 5 of article II of the amended constitution of 1846 amended by
transposing the words " shall be by ballot " from after the word " citizen " to
after the word " chosen," and by adding all after the word " ballot."]
§ 6. All laws creating, regulating or affecting boards of officers
charged with the duty of registering voters, or of distributing bal-
lots at the polls to voters, or of receiving, recording or counting
votes at elections, shall secure equal representation of the two politi-
cal parties which, at the general election next preceding that for
which such boards of officers are to serve, cast the highest and the
next highest number of votes. All such boards and officers shall be
appointed or elected in such manner, and upon the nomination of
such representatives of said parties respectively, as the Legislature
may direct. Existing laws on this subject shall continue until the
Legislature shall otherwise provide. This section shall not apply to
town meetings, or to village elections.
[New.]
Article III
Section 1. The legislative power of this State shall be vested in
the Senate and Assembly.
[Section 1 of article III of the amended constitution of 1846 amended by
changing the word " a " before " senate " to " the." This amendment was not
referred to by the revisers, but as the people voted on the " Revised Constitu-
tion," it seems to have been effected.]
§ 2. The Senate shall consist of fifty members, except as hereinafter
provided. The senators elected in the year one thousand eight hun-
dred and ninety-five shall hold their offices for three years, and their
successors shall be chosen for two years. The Assembly shall con-
sist of one hundred and fifty members, who shall be chosen for one
year.
[New, superseding section 2 of article III of the amended constitution of
1846, which provided for a senate of 32 members, and an assembly of 128
members. The provision that the senate shall consist of fifty members, " except
as hereinafter provided," refers to the provision in the last paragraph of sec-
tion 4 of this article.]
New York— 1894 2699
§ 3. The state shall be divided into fifty districts to be called sen-
ate districts, each of which shall choose one senator. The districts
shall be numbered from one to fifty, inclusive.
District number one (1) shall consist of the counties of Suffolk
and Richmond.
District number two (2) shall consist of the county of Queens.
District number three (3) shall consist of that part of the county
of Kings comprising the first, second, third, fourth, fifth and sixth
wards of the city of Brooklyn.
District number four (4) shall consist of that part of the county
of Kings comprising the seventh, thirteenth, nineteenth and twenty-
first wards of the city of Brooklyn.
District number five (5) shall consist of that part of the county
of Kings comprising the eighth, tenth, twelfth and thirtieth wards
of the city of Brooklyn, and the ward of the city of Brooklyn which
was formerly the town of Gravesend.
District number six (6) shall consist of that part of the county
of Kings comprising the ninth, eleventh, twentieth and twenty-
second wards of the city of Brooklyn.
District number seven (7) shall consist of that part of the county
of Kings comprising the fourteenth, fifteenth, sixteenth and seven-
teenth wards of the city of Brooklyn.
District number eight (8) shall consist of that part of the county
of Kings comprising the twenty-third, twenty-fourth, twenty-fifth
and twenty-ninth wards of the city of Brooklyn, and the town of
Flatlands.
District number nine (9) shall consist of that part of the county
of Kings comprising the eighteenth, twenty-sixth, twenty-seventh
and twenty-eighth wards of the city of Brooklyn.
District number ten (10) shall consist of that part of the county
of New York within and bounded by a line beginning at Canal
street and the Hudson river, and running thence along Canal street,
Hudson street, Dominick street, Varick street, Broome street, Sulli-
van street. Spring street, Broadway, Canal street, the Bowery, Divi-
sion street. Grand street, and Jackson street, to the East river and
thence around the southern end of Manhattan island, to the place of
beginning, and also Governor's, Bedloe's and Ellis islands.
District number eleven (11) shall consist of that part of the county
of New York lying north of district number ten, and within and
bounded by a line beginning at the junction of Broadway and Canal
street, and running thence along Broadway, Fourth street, the Bow-
ery and Third avenue, St. Mark's place. Avenue A, Seventh street,
Avenue B, Clinton street, Rivington street, Norfolk street. Division
street. Bowery and Canal street, to the place of beginning.
District number twelve (12) shall consist of that part of the county
of New York lying north of districts numbers ten and eleven and
within and bounded by a line beginning at Jackson street and the
East river, and running thence through Jackson street. Grand street.
Division street, Norfolk street, Rivington street, Clinton street,
Avenue B, Seventh street. Avenue A, St. Mark's place. Third avenue,
East Fourteenth street to the East river, and along the East river,
to the place of beginning.
2700 New York— 1894
District number thirteen (13) shall consist of that part of the
county of New York lying north, of district number ten, and within
and bounded by a line beginning at the Hudson river at the foot of
Canal street, and running thence along Canal street, Hudson street,
Dominick street, Varick street, Broome street, Sullivan street. Spring
street, Broadway, Fourth street, the Bowery and Third avenue, Four-
teenth street, Sixth avenue. West Fifteenth street. Seventh avenue,
West Nineteenth street. Eighth avenue. West Twentieth street, and
the Hudson river, to the place of beginning.
District number fourteen (14) shall consist of that part of the
county of New York lying north of districts numbers twelve and
thirteen, and within and bounded by a line beginning at East Four-
teenth street and the East river, and running thence along East
Fourteenth street, Irving place. East Nineteenth street, Third avenue,
East Twenty-third street, Lexington avenue. East Fifty-third street.
Third avenue. East Fifty-second street, and the East river, to the
place of beginning.
District number fifteen (15) shall consist of that part of the county
of New York lying north of district number thirteen, and w^ithin and
bounded by a line beginning at the junction of West Fourteenth
street and Sixth avenue, and running thence along Sixth avenue,
West Fifteenth street. Seventh avenue. West Fortieth street. Eighth
avenue, and the transverse road across Central park at Ninety-seventh
street. Fifth avenue. East Ninety-sixth street, Lexington avenue,
East Twenty-third street. Third avenue. East Nineteenth street,
Irving place and Fourteenth street, to the place of beginning.
District number sixteen 16) shall consist of that part of the
county of New York lying north of district number thirteen, and
within and bounded by a line beginning at Seventh avenue and West
Nineteenth street, and running thence along West Nineteenth street.
Eighth avenue. West Twentieth street, the Hudson river. West
Forty-sixth street, Tenth avenue. West Forty-third street, Eighth
avenue. West Fortieth street, and Seventh avenue, to the place of
beginning.
District number seventeen (IT) shall consist of that part of the
county of New York lying north of district number sixteen, and
within and bounded by a line beginning at the junction of Eighth
avenue and West Forty-third street, and running thence along West
Forty-third street, Tenth avenue, West Forty-sixth street, the Hud-
son river. West Eighty-ninth street. Tenth or Amsterdam avenue.
West Eighty-sixth street. Ninth or Columbus avenue. West Eighty-
first street and Eighth avenue, to the place of beginning.
District number eighteen (18) shall consist of that part of the
county of New York lying north of district number fourteen, and
within and bounded by a line beginning at the junction of East Fifty-
second street and the East river, and running thence along East Fifty-
second street. Third avenue. East Fifty-third street, Lexington ave-
nue. East Eighty-fourth street, Second avenue. East Eighty-third
street and the East river, to the place of beginning; and also Black-
well's island.
District number nineteen (19) shall consist of that part of the
county of New York lying north of district number seventeen, and
within and bounded by a line beginning at West Eighty-ninth street
New York— 1894 2701
and the Hudson river, and running thence along the Hudson river and
Spuyten Duyvil creek around the northern end of Manhattan island ;
thence southerly along the Harlem river to the north end of Fifth
avenue ; thence along Fifth avenue, East One Hundred and Twenty-
ninth street, Fourth or Park avenue. East One Hundred and Tenth
street, Fifth avenue, the transverse road across Central park at
Ninety-seventh street. Eighth avenue. West Eighty-first street.
Ninth or Columbus avenue, AVest Eighty-sixth street. Tenth or
Amsterdam avenue and West Eighty-ninth street, to the place of
beginning.
District number twenty (20) shall consist of that part of the
county of New York lying north of districts numbers eighteen and
fifteen, and within and bounded by a line beginning at East Eighty-
third street and the East river, running thence through East Eighty-
third street, Second avenue. East Eighty-fourth street, Lexington
avenue. East Ninety-sixth street. Fifth avenue. East One Hundred
and Tenth street. Fourth or Park avenue. East One Hundred and
Nineteenth street to the Harlem river, and along the Harlem and
East rivers to the place of beginning; and also Randall's island and
Ward's island.
All the above districts in. the county of New York bounded upon
or along the boundary waters of the county, shall be deemed to
extend to the county line.
District number twenty-one (21) shall consist of that part of the
county of New York lying north of districts numbers nineteen and
twenty, within and bounded by a line beginning at East One Hundred
and Nineteenth street and the Harlem river, and running thence
along East One Hundred and Nineteenth street. Fourth or Park ave-
nue. One Hundred and Twenty-ninth street. Fifth avenue and the
Harlem river to the place of beginning, and all that part of the
county of New York not hereinbefore described.
District number tAventy-two (22) shall consist of the county of
Westchester.
District number twenty-three (23) shall consist of the counties of
Orange and Rockland.
District number twenty-four (24) shall consist of the counties of
Dutchess, Columbia and Putnam.
District number twenty- five (25) shall consist of the counties of
Ulster and Greene.
District number twenty-six (26) shall consist of the counties of
Delaware, Chenango and Sullivan.
District number twenty-seven (27) shall. consist of the counties of
Montgomery, Fulton, Hamilton and Schoharie.
District number twenty-eight (28) shall consist of the counties of
Saratoga, Schnectady and Washington.
District number twenty-nine (29) shall consist of the county of
Albany.
District number thirty (30) shall consist of the county of Rens-
selaer.
District number thirty-one (31) shall consist of the counties of
Clinton, Essex and Warren.
District number thirty-two (32) shall consist of the counties of St.
Lawrence and Franklin.
2702 New York— 1894
District number thirty-three (33) shall consist of the counties ofr
Otsego and Herkimer. ;
District number thirty- four (34) shall consist of the county of
Oneida.
District number thirty-five (35) shall consist of the counties of
Jefferson and Lewis.
District number thirty-six (36) shall consist of the county of Onon-
daga.
District number thirty-seven (37) shall consist of the counties of
Oswego and' Madison.
District number thirty-eight (38) shall consist of the counties of
Broome, Cortland and Tioga.
District number thirty-nine (39) shall consist of the counties of
Cayuga and Seneca.
District number forty (40) shall consist of the counties of Che-
mung, Tompkins and Schuyler.
District number forty-one (41) shall consist of the counties of
Steuben and Yates.
District number forty-two (42) shall consist of the counties of
Ontario and Wayne.
District number forty-three (43) shall consist of that part of the
county of Monroe comprising the towns of Brighton, Henrietta, Iron-
dequoit, Mendon, Penfield, Perinton, Pittsford, Rush and Webster,
and the fourth, sixth, seventh, eighth, twelfth, thirteenth, fourteenth,
sixteenth, seventeenth and eighteenth wards of the city of Rochester,
as at present constituted.
District number forty-four (44) shall consist of that part of the
county of Monroe comprising the towns of Chili, Clarkson, Gates,
Greece, Hamlin, Ogden, Parma, Riga, Sweden and Wheatland, and
the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nine-
teenth and twentieth wards of the city of Rochester, as at present con-
stituted.
District number forty-five (45) shall consist of the counties of
Niagara, Genesee and Orleans.
District number forty-six (46) shall consist of the counties of
Allegany, Livingston and Wyoming.
District number forty-seven (47) shall consist of that part of the
county of Erie comprising the first, second, third, sixth, fifteenth,
nineteenth, twentieth, twenty-first, twenty-second, twenty-third and
twenty-fourth w^ards of the city of Buffalo, as at present constituted.
District number forty-eight (48) shall consist of that part of the
county of Erie comprising the fourth, fifth, seventh, eighth, ninth,
tenth, eleventh, twelfth, thirteenth, fourteenth and sixteenth wards of
the city of Buffalo as at present constituted.
District number fortjr-nine (49) shall consist of that part of the
county of Erie comprising the seventeenth, eighteenth and twenty-
fifth wards of the city of Buffalo, as at present constituted ; and all
the remainder of the said county of Erie not hereinbefore described.
District number fifty (50) shall consist of the counties of Chau-
tauqua and Cattaraugus.
[New, superseding the apportionment made by laws 1892, chap. 397.]
§ 4. An enumeration of the inhabitants of this State shall be taken
under the direction of the Secretary of State, during the months of
New York— 1894 2703
May and June, in the year one thousand nine hundred 'and five, and
in the same months every tenth year thereafter ; and the said districts
shall be so altered by the Legislature at the first regular session after
the return of every enumeration, that each senate district shall con-
tain as nearly as may be an equal number of inhabitants, excluding
aliens, and be in as compact form as practicable, and shall remain
unaltered until the return of another enumeration, and shall, at all
times, consist of contiguous territory, and no county shall be divided
in the formation of a senate district except to make two or more
senate districts wholly in such county. No town, and no block in a
city inclosed by streets or public ways, shall be divided in the forma-
tion of senate districts ; nor shall any district contain a greater excess
in population over an adjoining district in the same county, than the
population of a town or block therein adjoining such district. Coun-
ties, towns or blocks of which, from their location, may be included in
either of two districts, shall be so placed as to make said districts
most nearly equal in number of inhabitants, excluding aliens.
No county shall have four or more senators unless it shall have a
full ratio for each senator. No county shall have more than one-
third of all the senators ; and no two counties or the territory thereof
as now organized, which are adjoining counties, or which are sepa-
rated only by public waters, shall have more than one-half of all the
senators.
The ratio for apportioning the senators shall always be obtained by
dividing the number of inhabitants, excluding aliens, by fifty, and the
senate shall always be composed of fifty members, except that if any
county having three or more senators at the time of any apportion-
ment shall be entitled on such ratio to an additional senator or sena-
tors, such additional senator or senators shall be given to such county
in addition to the fifty senators, and the whole number of senators
shall be increased to that extent.
[New, superseding section 4 of article III of the amended constitution of 1846.]
§ 5. The members of the Assembly shall be chosen by single dis-
tricts and shall be apportioned by the Legislature at the first regular
session after the return of every enumeration among the several
counties of the State, as nearly as may be according to the number of
their respective inhabitants, excluding aliens. Every county hereto-
fore established and separately organized, except the county of Hamil-
ton, shall always be entitled to one member of Assembly, and no
county shall hereafter be erected unless its population shall entitle it
to a member. The county of Hamilton shall elect with the county of
Fulton, until the population of the county of Hamilton shall, accord-
ing to the ratio, entitle it to a member. But the Legislature may
abolish the said county of Hamilton and annex the territory thereof
to some other county or counties.
The quotient obtained by dividing the whole number of inhabitants
of the State, excluding aliens, by the number of members of assembly,
shall be the ratio for apportionment, which shall be made as follows :
One member of assembly shall be apportioned to every county, in-
cluding Fulton and Hamilton as one county, containing less than the
ratio and one-half over. Two members shall be apportioned to every
other county. The remaining members of assembly shall be appor-
tioned to the counties having more than two ratios according to the
2704 New York— 1894
number of inhabitants, excluding aliens. Members apportioned on
remainders shall be apportioned to the counties having the highest
remainders on the order thereof respectively. No county shall have
more members of assembly than a county having a greater number of
inhabitants, excluding aliens.
Until after the next enumeration, members of the Assembly shall be
apportioned to the several counties as follows: Albany county, four
members; Allegany county, one member; Broome county, two mem-
bers; Cattaraugus county, two members; Cayuga county, tw^o mem-
bers ; Chautauqua county, two members ; Chemung county, one mem-
ber; Chenango county, one- member; Clinton county, one member;
Columbia county, one member; Cortland county, one member; Dela-
ware county, one member; Dutchess county, two members; Erie
count}^, eight members ; Essex county, one member ; Franklin county,
one member; Fulton and Hamilton counties, one member; Genesee
county, one member; Greene county, one member; Herkimer county,
one member; Jefferson county, two members; Kings county, twenty-
one members; Lewis county, one member; Livingston county, one
member; Madison county, one member; Monroe county, four mem-
bers; Montgomery county, one member; New York county, thirty-
five members; Niagara county, two members; Oneida county, three
members; Onondaga county, four members; Ontario county, one
member ; Orange county, two members ; Orleans county, one member ;
Osw^ego county, two members; Otsego county, one member; Putnam
county, one member; Queens county, three members; Kensselaer
county, three members; Richmond county, one member; Eockland
county, one member; St. Lawrence county, two members; Saratoga
county, one member; Schenectady county, one member; Schoharie
county, one member; Schuyler county, one member; Seneca county,
one member ; Steuben county, tw^o members ; Suffolk county, two mem-
bers; Sullivan county, one member; Tioga county, one member;
Tompkins county, one member ; Ulster county, two members ; Warren
county, one member; Washington county, one member; Wayne
county, one member; Westchester county, three members; Wyoming
county, one member, and Yates county, one member.
In any county entitled to more than one member, the board of
supervisors, and in any city embracing an entire county and having
no board of supervisors, the common council, or if there be none, the
body exercising the powers of a common council, shall assemble on the
second Tuesday of June, one thousand eight hundred and ninety-
five, and at such times as the Legislature making an apportionment
shall prescribe, and divide such counties into assembly districts as
nearly equal in number of inhabitants, excluding aliens, as may be
of convenient and contiguous territory in as compact form as prac-
ticable, each of which shall be wholly within a senate district formed
under the same apportionment, equal to the number of members of
assembly to which such county shall be entitled, and shall cause to be
filed in the office of the Secretary of State and the clerk of such
county, a description of such districts, specifying the number of each
district and of the inhabitants thereof, excluding aliens, according to
the last preceding enumeration; and such apportionment and dis-
tricts shall remain unaltered until another enumeration shall be made,
as herein provided ; but said division of the city of Brooklyn and the
New York— 1894 • 2705
county of Kings to be made on the second Tuesday of June, one
thousand eight hundred and ninety-five, shall be made by the common
council of the said city and the board of supervisors of said county,
assembled in joint session. In counties having more than one senate
district, the same number of assembly districts shall be put in each
senate district, unless the assembly districts cannot be evenly divided
among the senate districts of any county, in which case one more
assembly district shall be put in the senate district in such county
having the largest, or one less assembly district shall be put in the
senate district in such county having the smallest number of inhab-
itants, excluding aliens, as the case may require. No town, and no
block in a city inclosed by streets or public ways, shall be divided in
the formation of assembly districts, nor shall any district contain a
greater excess in population over an adjoining district in the same
senate district, than the population of a town or block therein ad-
joining such assembly district. Towns or blocks which, from their
location, may be included in either of two districts, shall be so placed
as to make said districts most nearly equal in number of inhabitants,
excluding aliens; but in the division of cities under the first appor-
tionment, regard shall be had to the number of inhabitants, exclud-
ing aliens, of the election districts according to the state enumeration
of one thousand eight hundred and ninety-two, so far as may be,
instead of blocks. Nothing in this section shall prevent the division,
at any time, of counties and towns, and the erection of new towns by
the Legislature.
An apportionment by the Legislature, or other body, shall be sub-
ject to review by the Supreme Court, at the suit of any citizen, under
such reasonable regulations as the Legislature may prescribe ; and any
court before w^hich a cause may be pending involving an apportion-
ment, shall give precedence thereto over all other causes and pro-
ceedings, and if said court be not in session it shall convene promptly
for the disposition of the same.
[New, superseding section 5 of article III of the amended constitution of 1846,
and the assembly apportionment made by Laws of 1892, chapter 397.]
§ 6. Each member of the Legislature shall receive for his services
an annual salary of one thousand five hundred dollars. The mem-
bers of either house shall also receive the sum of one dollar for every
ten miles they shall travel in going to and returning from their place
of meeting, once in each session, on the most usual route. Senators,
when the Senate alone is convened in extraordinary session, or when
serving as members of the Court for the Trial of Impeachments,
and such members of the Assembly, not exceeding nine members, as
shall be appointed managers of an impeachment, shall receive an
additional allowance of ten dollars a day.
[Section 6 of article III of the amended constitution of 184G, without change.]
§ 7. No member of the Legislature shall receive any civil appoint-
ment within this State, or the Senate of the United States, from the
Governor, the Governor and Senate, or from the Legislature, or from
any city government, during the time for which he shall have been
elected; and all such appointments and all votes given for any such
member for any such office or appointment shall be void.
[Section 7 of article III of the amended constitution of 1846, without change.]
2706 New York— 1894
§ 8. No person shall be eligible to the Legislature, who at the time
of his election, is, or within one hundred days previous thereto has
been, a member of Congress, a civil or military officer under the United
States, or an officer under any city government. And if any person
shall, after his election as a member of the Legislature, be elected to
Congress, or appointed to any office, civil or military, under the gov-
ernment of the United States, or under any city government, his
acceptance thereof shall vacate his seat.
[Section 8 of article III of the amended constitution of 1846, without change.]
§ 9. The elections of senators and members of assembly, pursuant to
the provisions of this Constitution, shall be held on the Tuesday suc-
ceeding the first Monday of November, unless otherwise directed by
the Legislature.
[Section 9 of article III of the amended constitution of 1846, without change.]
§ 10. A majority of each house shall constitute a quorum to do busi-
ness. Each house shall determine the rules of its own proceedings,
and be the judge of the elections, returns and qualifications of its
own members; shall choose its own officers; and the Senate shall
choose a temporary president to preside in case of the absence or
impeachment of the Lieutenant-Governor, or when he shall refuse to
act as president, or shall act as Governor.
[Section 10 of article III of the amended constitution of 1846, amended by-
providing that the temporary president shall preside in the case of impeachment
of the lieutenant-governor or when he shall refuse to act.]
§ 11. Each house shall keep a journal of its proceedings, and pub-
lish the same, except such parts as may require secrecy. The doors
of each house shall be kept open, except when the public welfare
shall require secrecy. Neither house shall, without the consent of
the other, adjourn for more than two days.
[Section 11 of article III of the amended constitution of 1846, without
change.]
§ 12. For any speech or debate in either house of the Legislature,
the members shall not be questioned in any other place.
[Section 12 of article III of the amended constitution of 1846, without
change.]
§ 13. Any bill may originate in either house of the Legislature,
and all bills passed by one house may be amended by the other.
[Section 13 of article III of the amended constitution of 1846, without
change.]
§ 14. The enacting clause of all bills shall be " The People of the
State of New York, represented in Senate and Assembly, do enact as
follows," and no law shall be enacted except by bill.
[Section 14 of article III of the amended constitution of 1846, without
change.]
§ 15. No bill shall be passed or become a law unless it shall have
been printed and upon the desks of the members, in its final form, at
least three calendar legislative days prior to its final passage, unless
the Governor, or the acting Governor, shall have certified to the neces-
sity of its immediate passage, under his hand and the seal of the
State; nor shall any bill be passed or become a law, except by the
New York— 1894 2707
assent of a majority of the members elected to each branch of the
Legislature; and upon the last reading of a bill, no amendment
thereof shall be allowed, and the question upon its final passage shall
be taken immediately thereafter, and the yeas and nays entered on the
journal.
[Section 15 of article III of the amended constitution of 1846 amended. The
section formerly read : "No bill shall be passed unless by the assent of a major-
ity of all the members elected to each branch of the legislature, and the ques-
tion upon the final passage shall be taken immediately upon its last reading,
and the yeas and nays entered on the journal."]
§ 16. No private or local bill, which may be passed by the Legis-
lature, shall embrace more than one subject, and that shall be
expressed in the title.
[Section 16 of article III of the amended constitution of 1846, without change.]
§ 17. No act shall be passed which shall provide that any existing
law, or any part thereof, shall be made or deemed a part or said act,
or which shall enact that any existing law, or part thereof, shall be
applicable, except by inserting it in such act.
[Section 17 of article III of the amended constitution of 1846, without change.]
[As to what are private and local bills, see § 16, ante, and cases cited.]
§ 18. The Legislature shall not pass a private or local bill in any
of the following cases :
Changing the names of persons.
Laying out, opening, altering, working or discontinuing roads,
highways or alleys, or for draining swamps or other low lands.
Locating or changing county seats.
Providing for changes of venue in civil or criminal cases.
Incorporating villages.
Providing for election of members of boards of supervisors.
Selecting, drawing, summoning or impaneling grand or petit
jurors.
Regulating the rate of interest on money.
The opening and conducting of elections or designating places of
voting.
Creating, increasing or decreasing fees, percentages or allowances
of public officers, during the term for which said officers are elected
or appointed.
Granting to any corporation, association or individual the right to
lay dow^n railroad tracks.
Granting to any private corporation, association or individual
[any exclusive privilege, immunity or franchise whatever.
Granting to any persons, association, firm or corporation, an ex-
jmption f rom taxation on real or personal property.
[Amended by vote of the people, Nov. 5, 1901.]
Providing for building bridges, and chartering companies for such
)urposes, except on the Hudson river below AVaterford, and on the
last river, or over the waters forming a part of the boundaries of the
state.
The legislature shall pass general laws providing for the cases
{numerated in this section, and for all other cases which in its
judgment, may be provided for by general law^s. But no law shall
Luthorize the construction or operation of a street railroad except
7254— VOL 5— on 12
2708 New York— 189 ^
upon the condition that the consent of the owners of one-half in
value of the property bounded on, and the consent also of the
local authorities having the control of, that portion of a street or
highway upon which it is proposed to construct or operate such rail-
road be first obtained, or in case the consent of such property owners
cannot be obtained, the Appellate Division of the Supreme Court,
in the department in which it is proposed to be constructed, may,
upon application, appoint three commissioners who shall determine,
after a hearing of all parties interested, whether such railroad ought
to be constructed or operated, and their determination, confirmed
by the court, may be taken in lieu of the consent of the property
owners.
[Section 18 of article III of the amended constitution of 1846 amended by
changing the words " general term of the supreme court, in the district " in the
last paragraph to " appellate division of the supreme court, in the department."]
§ 19. The legislature shall neither audit nor allow any private claim
or account against the State, but may appropriate money to pay such
claims as shall have been audited and allowed according to law.
[Section 19 of article III of the amended constitution of 1846, without change.]
§ 20. The assent of two-thirds of the members elected to each branch
of the legislature shall be requisite to every bill appropriating the
public moneys or property for local or private purposes.
[Section 9 of article I of the amended constitution of 1846, without change.]
§ 21. No money shall ever be paid out of the treasury of this State,
or any of its funds, or any of the funds under its management, except
in pursuance of an appropriation by law ; nor unless such payment
be made within two years next after the passage of such appropriation
act; and every such law making a new appropriation, or continuing
or reviving an appropriation, shall distinctly specify the sum appro-
priated, and the object to which it is to be applied ; and it shall not
be sufficient for such law to refer to any other law to fix such sum.
[Section 8 of article VII of the amended constitution of 1846, without change.]
§ 22. No provision or enactment shall be embraced in the annual
appropriation or supply bill, unless it relates specifically to some
particular appropriation in the bill ; and any such provision or enact-
ment shall be limited in its operation to such appropriation.
[New.]
§ 23. Sections seventeen and eighteen of this article shall not apply
to any bill, or the amendments to any bill, which shall be reported to
the legislature by commissioners who have been appointed pursuant
to law to revise the statutes.
[Section 25 of article III of the amended constitution of 1846, without change.]
§ 24. Every law which imposes, continues or revives a tax shall dis-
tinctly state the tax and the object to which it is to be applied, and it
shall not be sufficient to refer to any other law to fix such tax or object.
[Section 20 of article III of the amended constitution of 1846, without change.]
§,25. On the final passage, in either house of the Legislature, or any
act which imposes, continues or revives a tax, or creates a debt or
charge, or makes, continues or revives any appropriation of public
New York— 1894 2709
or trust money or property, or releases, discharges or commutes any
claim or demand of the State, the question shall be taken by yeas and
nays, which shall be duly entered upon the journals, and three-fifths
of all the members elected to either house shall, in all such cases, "be
necessary to constitute a quorum therein.
[Section 21 of article III of the amended constitution of 1846, witliout change.]
§ 26. There shall be in each county, except in a county wholly
included in a city, a board of supervisors, to be composed of such
members and elected in such manner and for such period as is or may
be provided by law. In a city which includes an entire county, or
■two or more entire counties, the powers and duties of a board of
supervisors may be devolved upon the municipal assembly, common
council, board of aldermen or other legislative body of the city.
[Section 22 of article III of the amended constitution of 1846, as amended and
adopted November 7, 1899.]
§ 27. The Legislature shall, by general laws, confer upon the boards
of supervisors of the several counties of the State such further powers
of local legislation and administration as the Legislature may, from
time to time, deem expedient.
[Section 23 of article III of the amended constitution of 1846, witliout
change.]
§ 28. The Legislature shall not, nor shall the common council of
any city, nor any board of supervisors, grant any extra compensation
to any public officer, servant, agent or contractor.
[Section 24 of article III of the amended constitution of 1846, without
change.]
§ 29. The Legislature shall, by law, provide for the occupation and
employment of prisoners sentenced to the several State prisons, peni-
tentiaries, jails and reformatories in the State; and on and after the
first day of January, in the year one thousand eight hundred and
ninety-seven, no person in any such prison, penitentiary, jail or
reformatory, shall be required or allowed to Avork, while under sen-
tence thereto, at any trade, industry or occupation, wherein or
whereby his work, or the product or profit of his work, shall be
farmed out, contracted, given or sold to any person, firm, association
or corporation. This section shall not be construed to prevent the
Legislature from providing that convicts may work for, and that
the products of their labor may be disposed of to, the State or any
political division thereof, or for or to any public institution owned
or managed and controlled by the State, or any political division
thereof.
[New.]
Article IV
Section 1. The executive power shall be vested in a Governor, who
shall hold his office for two years; a Lieutenant-Governor shall be
chosen at the same time, and for the same term. The Governor and
I Lieutenant-Governor elected next preceding the time when this sec-
tion shall take effect, shall hold office until and including the thirty-
2710 New York— 1894
and their successors shall be chosen at the general election in that
year.
[Section 1 of article IV of tlie amended constitution of 184G, amended by
changing the term of office of the governor and lieutenant-governor from three
to two years.]
§ 2. No person shall be eligible to the office of Governor or Lieu-
tenant-Governor, except a citizen of the United States, of the age of
not less than thirty years, and who shall have been five years next
preceding his election a resident of this State.
[Section 2 of article IV of the amended constitution of 1846, without change.]
§ 3. The Governor and Lieutenant Governor shall be elected at the
times and places of choosing members of the Assembly. The persons
respectively having the highest number of votes for Governor and
Lieutenant-Governor shall be elected; but in case two or more shall
have an equal and the highest number of votes for Governor, or for
Lieutenant-Governor, the two houses of the Legislature at its next
annual session shall forthwith, by joint ballot, choose one of the said
persons so having an equal and the highest number of votes for
Governor or Lieutenant-Governor.
[Section 3 of article IV of the amended constitution of 1846, without change.]
§ 4. The Governor shall be Commander-in-Chief of the military
and naval forces of the State. He shall have power to convene the
Legislature, or the Senate only, on extraordinary occasions. At
extraordinary sessions no subject shall be acted upon, except such as
the Governor may recommend for consideration. He shall communi-
cate by message to the Legislature at every session the condition of
the State, and recommend such matters to it as he shall judge expe-
dient. He shall transact all necessary business with the officers of
government, civil and military. He shall expedite all such measures
as may be resolved upon by the Legislature, and shall take care that
the laws are faithfully executed. He shall receive for his services
an annual salary of ten thousand dollars, and there shall be provided
for his use a suitable and furnished executive residence.
[Section 4 of article IV of the amended constitution of 1846, amended by a
change of the word " them " to " it," referring to the legislature, in the fourth
sentence.]
§ 5. The Governor shall have the power to grant reprieves, com-
mutations and pardons after conviction, for all effenses except treason
and cases of impeachment, upon such conditions and with such
restrictions and limitations, as he may think proper, subject to such
regulations as may be provided by law relative to the manner of
applying for pardons. Upon conviction for treason, he shall have
power to suspend the execution of the sentence, until the case shall be
reported to the Legislature at its next meeting, when the Legislature
shall either pardon, or commute the sentence, direct the execution of
the sentence, or grant a further reprieve. He shall annually com-
municate to the Legislature each case of reprieve, commutation or
pardon granted, stating the name of the convict, the crime of which
he was convicted, the sentence and its date, and the date of the com-
mutation, pardon or reprieve.
[Section 5 of article IV of the amended constitution of 1846, without change.]
■
New York— 1894 2711
§ 6. In case of the impeachment of the Governor, or his removal
from office, death, inability to discharge the powers and duties of the
said office, resignation, or absence from the State, the powers and
duties of the office shall devolve upon the Lieutenant-Governor for
the residue of the term, or until the disability shall cease. But when
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
continue Commander-in-Chief of all the military force of the State.
[Section G of article IV of the amended constitution of 1846, without change.]
§ 7. The Lieutenant-Governor shall possess the same qualifications
of eligibility for office as the Governor. He shall be president of
the Senate, but shall have only a casting vote therein. If during a
vacancy of the office of Governor, the Lieutenant-Governor shall be
impeached, displaced, resign, die, or become incapable of performing
the duties of his office, or be absent from the State, the President of
the Senate shall act as Governor until the vacancy be filled or the
disability shall cease; and if the President of the Senate for any of
the above causes shall become incapable of performing the duties
pertaining to the office of Governor, the Speaker of the Assembly
shall act as Governor until the vacancy be filled or the disability shall
cease.
[Section 7 of article IV of the amended constitution of 1846, amended by
adding the provision conferring upon the speaker of the assembly the right
of succession to the governorship.]
§ 8. The Lieutenant-Governor shall receive for his services an
annual salary of five thousand dollars, and shall not receive or be
entitled to any other compensation, fee or perquisite, for any duty
or service he may be required to perform by the Constitution or by
law.
[Section 8 of article IV of the amended constitution of 1846, without change.]
§ 9. Every bill which shall have passed the Senate and Assembly
shall, before it becomes a law, be presented to the Governor; if he
approve, he shall sign it ; but if not, he shall return it with his objec-
tions to the house in which it shall have originated, w^hich shall enter
the objections at lar^e on the journal, and proceed to reconsider it.
If after such reconsideration, two-thirds of the members elected to
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 re-
considered; and if approved by two-thirds of the members elected
to that house, it shall become a law notwithstanding the objections
of the Governor. In all such cases, the votes in both houses shall
be determined by yeas and nays, and the names of the members voting
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, the same shall
be a law in like manner as if he had signed it, unless the Legislature
shall, by their adjournment, prevent its return, in which case it shall
not become a law without the approval of the. Governor. No bill
shall become a law after the final adjournment of the Legislature,
unless approved by the Governor within thirty days after such ad-
journment. If any bill presented to the Governor contain several
2712 New York— 1894
items of appropriation of money, he may object to one or more of such
items Avhile approving of the other portion of the bilL In such case,
he shall append to the bill, at the time of signing it, a statement of
the items to which he objects; and the appropriation so objected to
shall not take effect. If the Legislature be in session, he shall trans-
mit to the house in which the bill originated a copy of such statement,
and the items objected to shall be separately reconsidered. If on re-
consideration one or more of such items be approved by two-thirds
of the members elected to each house, the same shall be part of the
law, notwithstanding the objections of the Governor. All the pro-
visions of this section, in relation to bills not approved by the Gov-
ernor, shall apply in cases in which he shall withhold his approval
from any item or items contained in a bill appropriating money.
[Section 9 of article IV of the amended constitution of 184G, without change.]
Article V
Section 1. The Secretary of State, Comptroller, Treasurer, At-
torney-General and State Engineer and Surveyor shall be chosen
at a general election, at the times and places of electing the Governor
and Lieutenant-Governor, and shall hold their offices for two years,
except as provided in section two of this article. Each of the officers
in this article named, excepting the Speaker of the Assembly, shall,
at stated times during his continuance in office, receive for his services
a compensation which shall not be increased or diminished during
the term for which he shall have been elected; nor shall he receive
to his use any fees or perquisites of office or other compensation.
No person shall be elected to the office of State Engineer and Surveyor
who is not a practical civil engineer.
[Sections 1 and 2 of article V of the amended constitution of 1846, consoli-
dated without change.]
§ 2. The first election of the Secretary of State, Comptroller, Treas-
urer, Attorney-General and State Engineer and Surveyor, pursuant
to this article, shall be held in the year one thousand eight hundred
and ninety-five, and their terms of office shall begin on the first day
of January following, and shall be for three years. At the general
election in the year one thousand eight hundred and ninety-eight,
and every two years thereafter, their successors shall be chosen for
the term of two years.
[New.]
§ 3. A superintendent of public w^orks shall be appointed by the
Governor, by and with the advice and consent of the Senate, and hold
his office until the end of the term of the Governor by whom he was
nominated, and until his successor is appointed and qualified. He
shall receive a compensation to be fixed by law. He shall be required
by law to give security for the faithful execution of his office before
entering upon the duties thereof. He shall be charged v*- ith the exe-
cution of all laws relating to the repair and navigation of the canals,
and also of those relating to the construction and improvement of the
canals, except so far as the execution of the laws relating to such con-
struction or improvement shall be confided to the State Engineer and
Surveyor; subject to the control of the Legislature, he shall make the
New York— 1894 2713
rules and regulations for the navigation or use of the canals. He
may be suspended or removed from office by the Governor whenever,
in his judgment, the public interest shall so require; but in case of
the removal of such Superintendent of Public Works from office, the
Governor shall file with the Secretary of State a statement of the
cause of such removal, and shall report such removal and the cause
thereof to the Legislature at its next session. The Superintendent of
Public Works shall appoint not more than three assistant superin-
tendents, whose duties shall be prescribed by him, subject to modi-
fication by the Legislature, and who shall receive for their services a
compensation to be fixed by law. They hold their office for three
• years, subject to suspension or removal by the Superintendent of Pub-
lic Works, whenever, in his judgment, the public interest shall so
require. Any vacancy in the office of any such assistant superintend-
ent shall be filled for the remainder of the term for which he was
appointed, by the Superintendent of Public Works; but in case of
the suspension or removal of any such assistant superintendent by
him, he shall at once report to the Governor, in writing, the cause of
such removal. All other persons employed in the care and manage-
ment of the canals, except collectors of tolls, and those in the depart-
ment of the State Engineer and Surveyor, shall be appointed by the
Superintendent of Public Works, and be subject to susj^ension or
removal by him. The Superintendent of Public Works shall perform
all the duties of the former Canal Commissioners and Board of
Canal Commissioners, as now declared by law, until otherwise pro-
vided by the Legislature. The Governor, by and with the advice and
consent of the Senate, shall have power to fill vacancies in the office of
Superintendent of Public Works; if the Senate be not in session, he
may grant commissions which shall expire at the end of the next suc-
ceeding session of the Senate.
[Section 8 of article V of the amended constitution of 1846, amended, by strilv-
ing from such section the sentence abolishing the oflSce of canal commissioner.]
§ 4. A Superintendent of State Prisons shall be appointed by the
Governor, by and with the advice and consent of the Senate, and hold
his office for five years, unless sooner removed ; he shall give security
in such amount, and with such sureties as shall be required by law
for the faithful discharge of his duties; he shall have the superin-
tendence, management and control of State prisons, subject to such
laws as now exist or may hereafter be enacted ; he shall appoint the
agents, wardens, physicians and chaplains of the prisons. The agent
and warden of each prison shall appoint all other officers of such
prison, except the clerk, subject to the approval of the same by the
Superintendent. The Comptroller shall appoint the clerks of the
prisons. The Superintendent shall have all the powers and perform
all the duties not inconsistent herewith, which were formerly had
and performed by the Inspectors of State Prisons. The Governor
may remove the Superintendent for cause at any time, giving to him
a copy of the charges against him, and an opportunity to be heard in
his defense. .
[Section 4 of article V of the amended constitution of 1846, amended. The
words " were formerly " in the iiext section to the last are new, taking the place
of the words " have heretofore been." The sentence relating to the abolishing of
the office of inspector of state prisons is omitted.]
2714 New York— 1894
§ 5. The Lieutenant-Governor, Speaker of the Assembly, Secretary
of State, Comptroller, Treasurer, Attorney-General and State Engi-
neer and Surveyor shall be the commissioners of the land office. The
Lieutenant-Governor, Secretary of State, Comptroller, Treasurer and
Attorney-General shall be the commissioners of the canal fund. The
canal board shall consist of the commissioners of the canal fund, the
State Engineer and Surveyor and the Superintendent of Public
Works.
[Section 5 of article V of the amended constitution of 1846, amended by strilv-
ing out the words " canal commissioners " and inserting in place thereof the
words " superintendent of public works," to conform with section 3 of article V,
ante.]
§ 6. The powers and duties of the respective boards, and of the
several officers in this article mentioned, shall be such as now are or
hereafter may be prescribed by law.
[Section 6 of article Y of the amended constitution of 1846, without change.]
§ 7. The Treasurer may be suspended from office by the Governor,
during the recess of the Legislature, and until thirty days after the
commencement of the next session of the Legislature, whenever it
shall appear to him that such Treasurer has, in any particular, vio-
lated his duty. The Governor shall appoint a competent person to
discharge the duties of the office during such suspension of the
Treasurer.
[Section 7 of article V of the amended constitution of 1846, without change.]
§ 8. All offices for the weighing, gauging, measuring, culling or
inspecting any merchandise, produce, manufacture or commodity
whatever, are hereby abolished; and no such office shall hereafter be
created by law; but nothing in this section contained shall abrogate
any office created for the purpose of protecting the public health or
the interests of the State in its property, revenue, tolls or purchases
or of supplying the people with correct standards of weights and
measures, or shall prevent the creation of any office for such purposes
hereafter.
[Section 8 of article V of the amended constitution of 1846, without change.]
§ 9. Appointments and promotions in the civil service of the State,
and of all the civil divisions thereof, including cities and villages,
shall be made according to merit and fitness to be ascertained, so far
as practicable, by examinations, which, so far as practicable, shall be
competitive ,*• provided, however, that honorably discharged soldiers
and sailors from the army and navy of the United States in the late
civil war, who are citizens and residents of this State, shall be entitled
to preference in appointment and promotion without regard to their
standing on any list from which such appointment or promotion may
be made. Laws shall be made to provide for the enforcement of this
section.
[New.]
[The following article is a substitute for article VI of the amended constitu-
tion of 1846, and the notes at the end of the following sections will only refer to
similar provisions in the sections of such article.]
New York— 1894 2715
Article VI
Section 1. The Supreme Court is continued with general jurisdic-
tion in law and equity, subject to such appellate jurisdiction of the
Court of Appeals as now is or may be prescribed by law not inconsist-
ent with this article. The existing judicial districts of the State are
continued until changed as hereinafter provided. The Supreme
Court shall consist of the Justices now in office, and of the Judges
transferred thereto by the fifth section of this article, all of whom
shall continue to be justices of jthe Supreme Court during their re-
spective terms, and of twelve additional Justices who shall reside in
and be chosen by the electors of, the several existing judicial dis-
tricts, three in the first district, three in the second, and one in each of
the other districts; and of their successors. The successors of said
justices shall be chosen by the electors of their respective judicial
districts. The Legislature may alter the judicial districts once after
every enumeration under the Constitution, of the inhabitants of the
State, and thereupon reapportion the Justices to be thereafter elected
in the districts so altered. The legislature may from time to time
increase the number of justices in any judicial district except that the
number of justices in the first and second district or in any of the
districts into which the second district may be divided, shall not be
increased to exceed one justice for each eighty thousand, or fraction
over forty thousand of the population thereof, as shown by the last
state, or federal census or enumeration, and except that the number
of justices in any other district shall not be increased to exceed one
justice for each sixty thousand or fraction over thirty-five thousand
of the population thereof as shown by the last state or federal census
or enumeration. The legislature may erect out of the second judicial
district as now constituted, another judicial district and apportion
the justices in office between the districts, and provide for the election
of additional justices in the new district not exceeding the limit
herein provided. [Amended by vote of People, Nov. 7, 1905.]
§ 2. The Legislature shall divide the State into four judicial de-
partments. The first department shall consist of the county of New
York; the others shall be bounded by county lines, and be compact
and equal in population as nearly as may be. Once every ten years
the Legislature may alter the judicial departments, but without in-
creasing the number thereof. There shall be an appellate division
of the Supreme Court, consisting of seven justices in the first depart-
ment, and of five justices in each of the other departments. In each
department four shall constitute a quorum, and the concurrence of
three shall be necessary to a decision. No more than five justices
shall sit in any case. From all the justices elected to the Supreme
Court the Governor shall designate those who shall constitute the
apj)ellate division in each department ; and he shall designate the pre-
siding justice thereof, who shall act as such during his term of office,
and shall be a resident of the department. The other justices shall
be designated for terms of five years or the unexpired portions of
their respective terms of office, if less than five years. From time to
I time as the terms of such designations expire, or vacancies occur, he
shall make new designations. A majority of the justices so desig-
r " "■""'""""
2716 New York— 1894
residents of the department. He may also make temporary designa-
tions in case of the absence or inability to act of any justice in the
appellate division, or in case the presiding justice of any appellate
division shall certify to him that one or more additional justices are
needed for the speedy disposition of the business before it. AAHien-
ever the appellate division in any department shall be unable to
dispose of its business within a reasonable time, a majority of the
presiding justices of the several departments at a meeting called by
the presiding justice of the department in arrears may transfer any
pending appeals from such dejDartnient to any other department for
hearing and determination. No justice of the appellate division
shall, within the department to which he may be designated to per-
form the* duties of an appellate justice, exercise any of the powers of
a justice of the Supreme Court, other than those of a justice out of
court, and those pertaining to the appellate division or to the hearing
and decision of motions submitted by consent of counsel, but any jus-
tice, when not actually engaged in performing the duties of such
appellate justice in the department to which he is designated, may
hold any term of the supreme court and exercise any of the powers
of a justice of the supreme court in any county or judicial district
in any other department of the state. From and after the last day
of December, eighteen hundred and ninety-five, the appellate division
shall have the jurisdiction now exercised by the Supreme Court at
its general terms and by the general terms of the Court of Common
Pleas for the city and county of New York, the Superior Court of the
city of New York, the Superior Court of Buffalo and the city of
Brooklyn, and such additional jurisdiction as may be conferred by
the Legislature. It shall have power to appoint and remove a
reporter. The justices of the appellate division in each department
shall have power to fix the times and places for holding special terms
therein, and to assign the justices in the departments to hold such
terms ; or to make rules therefor. [Amended by vote of People, Nov.
7, 1905.]
[Amended and adopted November 7, 1899. The appellate division is a sub-
stitute for and has the jurisdiction of the former general term. See amended
constitution of 1846, article VI, sections 7 and 28, and L. 1883, chap. 329, R. S.,
8th ed., p. 291.]
§ 3. No Judge or Justice shall sit in the Appellate Division or in
the Court of Appeals in review of a decision made by him or by any
court of which he was at the time a sitting member. The testimony
in equity cases shall be taken in like manner as in cases at law; and,
except as herein otherwise provided, the Legislature shall have the
same power to alter and regulate the jurisdiction and proceedings in
law and in equity that it has heretofore exercised.
[Section 8 of article VI of the amended constitution of 1846, amended ante.]
§ 4. The official terms of the Justices of the Supreme Court shall
be fourteen years from and including the first day of January next
after their election. When a vacancy shall occur otherwise than by
expiration of term in the office of Justice of the Supreme Court the
sam.e shall be filled for a full term, at the next general election, hap-
pening not less than three months after such vacancy occurs; and,
until the vacancy shall be so filled, the Governor by and with the
advice and consent of the Senate, if the Senate shall be in session, or
Neiv York— 1894 2717
if not in session the Governor, may fill such vacancy by appointment,
which shall continue until and including the last day of December
next after the election at which the vacancy shall be filled.
[The first sentence of this section relating to length of term is in section 13
of article VI of the amended constitution of 1846. The remainder of the section
is in substance the same as section 9 of article VI of the amended constitution
of 1846.]
§ 5. The Superior Court of the city of New York, the Court of
Common Pleas for the city and county of New York, the Superior
Court of Buffalo, and the City Court of Brooklyn, are abolished from
and after the first day of January, one thousand eight hundred and
ninety-six, and thereupon the seals, records, papers and documents of
or belonging to such courts, shall be deposited in the offices of the
clerks of the several counties in which said courts now exist ; and all
actions and proceedings then pending in such courts shall be trans-
ferred to the Supreme Court for hearing and determination. The
Judges of said courts in office on the first day of January, one thou-
sand eight hundred and ninety-six, shall, for the remainder of the
term for which they were elected or appointed, be Justices of the
Supreme Court; but they shall sit only in the counties in which they
were elected or appointed. Their salaries shall be paid b}^ the said
counties respectively, and shall be the same as the salaries of the other
Justices of the Supreme Court residing in the same counties. Their
successors shall be elected as Justices of the Supreme Court by the
electors of the judicial districts in which they respectively reside.
The jurisdiction now exercised by the several courts hereby abol-
ished, shall be vested in the Supreme Court. Appeals from inferior
and local courts now heard in the Court of Common Pleas for the
city and county of New York and the Superior Court of Buffalo,
shall be heard in the Supreme Court in such manner and by such
Justice or Justices as the Appellate Division in the respective depart-
ments which include New York and Buffalo shall direct, unless other-
wise provided by the Legislature.
[This section is new. See §§ 12, 13 of article VI of the amended constitution
of 1846.]
§ 6. Circuit Courts and Courts of Oyer and Terminer are abolished
from and after the last day of December, one thousand eight hundred
and ninety-five. All their jurisdiction shall thereupon be vested in
the Supreme Court, and all actions and proceedings then pending in
such courts shall be transferred to the Supreme Court for hearing
and determination. Any Justice of the Supreme Court, except as
otherwise provided in this article, may hold court in arfy county.
[This section is new.]
§ 7. It shall consist of the chief judge and associate judges now in
office, who shall hold their offices until the expiration of their respec-
tive terms, and their successors, who shall be chosen by the electors of
the State. The official terms of the chief judge and associate judges
shall be fourteen years from and including the first day of January
I next after their election. Five members of the court shall form a
Quorum, and the concurrence of four shall be necessary to a decision,
tt'he court shall have power to appoint and to remove its reporter,
2718 New York— 1894
judges of the court of appeals shall certify to the Governor that said
court is unable, by reason of the accumulation of causes pending
therein, to hear and dispose of the same with reasonable speed, the
Governor shall designate not more than four justices of the Supreme
Court to serve as associate judges of Court of Appeals. The justices
so designated shall be relieved from their duties as justices of the
Supreme Court and shall serve as associate judges of the Court of
Appeals until the causes undisposed of in said court are reduced to
two hundred, Avhen they shall return to the Supreme Court. The
Governor may designate justices of the Supreme Court to fill vacan-
cies. No justice shall serve as associate judge of the Court of Appeals
except while holding the office of Justice of the Supreme Court, and
not more than seven judges shall sit in any case.
[Section 2 of article VI of the amended constitution of 1846, amended and
adopted November 7, 1899.]
§ 8. AVhen a vacancy shall occur otherwise than by expiration of
term, in the office of Chief or Associate Judge of the Court of Appeals,
the same shall be filled, for a full term, at the next general election
happening not less than three months after such vacancy occurs ; and
until the vacancy shall be so filled, the Governor, by and with the
advice and consent of the Senate, if the Senate shall be in session, or
if not in session the Governor, may fill such vacancy by appointment.
If any such appointment of Chief Judge shall be made from among
the Associate Judges, a temporary appointment of Associate Judge
shall be made in like manner ; but in such case, the person appointed
Chief Judge shall not be deemed to vacate his office of Associate Judge
any longer than until the expiration of his appointment as Chief
Judge. The powers and jurisdiction of the court shall not be sus-
pended for want of appointment or election, when the number of
Judges is sufficient to constitute a quorum. All appointments under
this section shall continue until and including the last day of Decem-
ber next after the election at which the vacancy shall be filled.
[Section 3 of article VI of the amended constitution of 1846, amended by a
change in language.]
§ 9. After the last day of December, one thousand eight hundred
and ninety-five, the jurisdiction of the Court of Appeals, except where
the judgment is of death, shall be limited to the review of questions
of law. No unanimous decision of the Appellate Division of the
Supreme Court that there is evidence supporting or tending to sus-
tain a finding of fact or a verdict not directed by the court, shall be
reviewed by^the Court of Appeals. Except where the judgment is
of death, appeals may be taken, as of right, to said court only from
judgment or orders entered upon decisions of the Appellate Division
of the Supreme Court, finally determining actions or special pro-
ceedings, and from orders granting new trials on exceptions, where
the appellants stipulate that upon affirmance judgment absolute shall
be rendered against them. The Appellate Division in any depart-
ment may, however, allow an appeal upon any question of law which,
in its opmion, ought to be reviewed by the Court of Appeals.,
The Legislature may further restrict the jurisdiction of the Court
of Appeals and the right of appeal thereto, but the right to appeal
shall not depend upon the amount involved.
New York— 1894 2719
The provisions of this section shall not apply to orders made or
judgments rendered by any General Term beiore the last day of
December, one thousand eight hundred and ninety-five, but appeals
therefrom may be taken under existing provisions of law.
[This section is mostly new.]
§ 10. The Judges of the Court of Appeals and the Justices of the
Supreme Court shall not hold any other office or public trust. All
votes for any of them, for any other thaiv a judicial office, given by
the Legislature or the people, shall be void.
[Section 10 of article VI of the amended constitution of 1846, without change.]
§ 11. Judges of the Court of Appeals and Justices of the Supreme
Court may be removed by concurrent resolution of both houses of the
Legislature, if two-thirds of all the members elected to each house
concur therein. All other judicial officers, except justices of the peace
and judges or justices of inferior courts not of record, may be re-
moved by the Senate, on the recommendation of the Governor, if
two-thirds of all the members elected to the Senate concur therein.
But no officer shall be removed by virtue of this section except for
cause, which shall be entered on the journals, nor unless he shall have
been served with a statement of the cause alleged, and shall have had
an opportunity to be heard. On the question of removal, the yeas and
nays shall be entered on the journal.
[Section 11 of article VI of the amended constitution of 1846 amended.]
§ 12. The Judges and Justices hereinbefore mentioned shall receive
for their services a compensation established by law, which shall not
be increased or diminished during their official terms, except as pro-
vided in section five of this article. No person shall hold the office of
Judge or Justice of any court longer than until and including the last
day of December next after he shall be seventy years of age. No
judge or justice elected after the first day of January, one thousand
eight hundred and ninety-four, shall be entitled to receive any com-
pensation after the last day of December next after he shall be
seventy years of age; but the compensation of every Judge of the
Court of Appeals or Justice of the Supreme Court elected prior to
the first day of January, one thousand eight hundred and ninety-four,
whose term of office has been, or whose present term of office shall be,
so abridged, and who shall have served as such Judge or Justice ten
years or more, shall be continued during the remainder of the term
for which he was elected ; but any such Judge or Justice may, with his
consent, be assigned by the Governor, from time to time, to any duty
in the Supreme Court while his compensation is so continued.
[The first sentence of this section is the first sentence of section 14 of article
VI of the amended constitution of 1846, with amendment. The sentence relating
to age limitation is a re-enactment of the same provision contained in section 13
of article 6 of the amended constitution of 1846. The provisions relating to
compensation and assignment to duty in the supreme court after the expiration
of the age limitation are new.]
§ 13. The Assembly shall have the power of impeachment, by a
^^majority vote of all the members elected. The court for the trial of
^Hgmpeachments shall be composed of the President of the Senate, the
^^^penators or the major part of them, and the Judges of the Court of
2720 New York— 1894
Appeals, or the major part of them. On the trial of an impeachment
against the Governor, the Lieutenant-Governor shall not act as a
member of the court. No judicial officer shall exercise his office, after
articles of impeachment against him shall have been preferred to the
Senate, until he shall have been acquitted. Before the trial of an im-
peachment the members of the court shall take an oath or affirmation
truly and impartially to try the impeachment according to the evi-
dence, and no person shall be convicted without the concurrence of
two-thirds of the member^ present. Judgment in cases of impeach-
ment shall not extend further than to removal from office, or removal
from office and disqualification to hold and enjoy any office of honor,
trust or profit under this State; but the party impeached shall be
liable to indictment and punishment according to law.
[Section 1 of article VI of the amended constitution of 1846 amended.]
§ 14. The existing County Courts are continued, and the Judges
thereof now in office shall hold their offices until the expiration of
their respective terms. In the county of Kings there shall be two"
County Judges .and the additional County Judge shall be chosen at
the next general election held after the adoption of this article. The
successors of the several County Judges shall be chosen by the electors
of the counties for the term of six years. County Courts shall have
the powers and jurisdiction they now possess, and also original juris-
diction in actions for the recovery of money only, where the defend-
ants reside in the county, and in which the complaint demands judg-
ment for a sum not exceeding two thousand dollars. The Legislature
may hereafter enlarge or restrict the jurisdiction of the County
Courts, provided, however, that their jurisdiction shall not be so
extended as *to authorize an action therein for the recovery of money
only, in which the sum demanded exceeds two thousand dollars, or in
which any person not a resident of the county is a defendant.
Courts of Sessions, except in the county of New York, are abolished
from and after the last day of December, one thousand eight hundred
and ninety-five. All the jurisdiction of the Court of Sessions in each
county, except the county of New York, shall thereupon be vested in
the County Court thereof, and all actions and proceedings then pend-
ing in such Courts of Sessions shall be transferred to said County
Courts for hearing and determination. Every County Judge shall
perform such duties as may be required by law. His salary shall be
established by law, payable out of the county treasury. A County
eludge of any county may hold County Courts in any other county
Avhen requested by the judge of such other county.
[Some of the provisions of this section are fallen from section 15 of article
VI of the amended constitution of 1846. The jurisdiction is changed so that the
limit is now two thousand dollars instead of one thousand, and courts of ses-
sions are abolished and their jurisdiction conferred upon the county courts.]
§ 15. The existing Surrogates' Courts are continued, and the Sur-
rogates now in office shall hold their offices until the expiration of
their terms. Their successors shall be chosen by the electors of the
respective counties, and their terms of office shall be six years, except
in the county of New York, where they shall continue to be fourteen
years. Surrogates and Surrogates' Courts shall have the jurisdiction
and powers which the Surrogates and existing Surrogates' Courts
New York— 1894 2721
now possess, until otherwise provided by the Legislature. The
County Judge shall be Surrogate of his county, except where a sepa-
rate Surrogate has been or shall be elected. In counties having a
population exceeding forty thousand, wherein there is no separate
Surrogate, the Legislature may provide for the election of a separate
officer to be Surrogate, whose term of office shall be six years. When
the Surrogate shall be elected as a separate officer his salary shall be
established by law, payable out of the county treasury. No County
Judge or Surrogate shall hold office longer than until and including
the last day of December next after he shall be seventy years of age.
Vacancies occurring in the office of County Judge or Surrogate shall
be filled in the same manner as like vacancies occurring in the Su-
preme Court. The compensation of any County Judge or Surrogate
shall not be increased or diminished during his term of office. For
the relief of Surrogates' Courts the Legislature may confer upon the
Supreme Court in any county having a population exceeding four
hundred thousand, the powers and jurisdiction of Surrogates, with
authority to try issues of fact in probate cases.
[Some of the provisions of this section are contained in section 15 of article
VI of the amended constitution of 1846.]
§ 16. The Legislature may, on application of the board of super-
visors, provide for the election of local officers, not to exceed two in
any county, to discharge the duties of County Judge and of Surro-
gate, in cases of their inability or of a vacancy, and in such other
cases as may be provided by law, and to exercise such other powers in
special cases as are or may be provided by law.
[Section 16 of article VI of the amended constitution of 1846, amended.]
§ 17. The electors of the several towns shall, at their annual town
meetings, or at such other time and in such manner as the Legislature
may direct, elect eTustices of the Peace, whose term of office shall be
four years. In case of an election to fill a vacancy occurring before
the expiration of the full term, they shall hold for the residue of the
unexpired term. Their number and classification may be regulated
by law. Justices of the Peace and judges or justices of inferior
courts not of record, and their clerks may be removed for cause, after
due notice and an opportunity of being heard, by such courts as are
or may be prescribed by law. Justices of the Peace and District
Court Justices may be elected in the different cities of this State in
such manner, and with such powers, and for such terms, respectively,
as are or shall be prescribed by law; all other judicial officers in cities,
whose election or appointment is not otherwise provided for in this
article, shall be chosen by the electors of such cities, or appointed by
the local authorities thereof.
[Section 18 of article VI of the amended constitution of 1846, amended.]
§ 18. Inferior local courts of civil and criminal jurisdiction may be
established by the Legislature, but no inferior local court hereafter
created shall be a court of record. The Legislature shall not here-
after confer upon any inferior or local courts of its creation, any
equity jurisdiction or any greater jurisdiction in other respects than
is conferred upon County Courts by or under this article. Except as
2722 New York— 1894
appointed at such times and in such manner as the Legislature may
direct.
[Section 19 of article VI of tlie amended constitution of 1846, amended. The
provisions that no such courts shall be courts of record or possess equity juris-
diction are new.]
§ 19. Clerks of the several counties shall be clerks of the Supreme
^ Court, with such powers and duties as shall be prescribed by law.
The Justices of the Appellate Division in each department shall have
power to appoint and to remove a clerk, who shall keep his office at
a place to be designated by said Justices. The Clerk of the Court of
Appeals shall keep his office at the seat of government. The Clerk
of the Court of Appeals and the Clerk of the Appellate Division shall
receive compensation to be established by law and paid out of the
public treasury.
[Section 20 or article VI of the amended constitution of 1846, amended. The
clerk of appellate division is a new office.]
§ 20. No judicial officer, except Justices of the Peace, shall receive
to his own use any fees or perquisites of office; nor shall any Judge
of the Court of Appeals, or Justice of the Supreme Court, or any
County Judge or Surrogate hereafter elected in a county having a
population exceeding one hundred and twenty thousand, practice as
an attorney or counselor in any court of record of this State, or act
as referee. The Legislature may impose a similar prohibition upon
County Judges and Surrogates in other counties. No one shall be
eligible to the office of Judge of the Court of Appeals, Justice of the
Supreme Court, or, except m the county of Hamilton, to the office of
County Judge or Surrogate, who is not an attorney and counselor of
this State.
[This section contains the provisions of section 21 of article VI of the
amended constitution of 1846. The remainder of the section is new.]
§ 21. The Legislature shall provide for the speedy publication of
all statutes, and shall regulate the reporting of the decisions of the
courts; but all laws and judicial decisions shall be free for publica-
tion by any person.
[Section 23 of article VI of the amended constitution of 1846, amended.]
§ 22. Justices of the Peace and other local judicial officers provided
for in sections seventeen and eighteen, in office when this article takes
effect, shall hold their offices until the expiration of their respective
terms.
[Section 25 of article VI of the amended constitution of 1846, amended.]
§ 23. Courts of Special Sessions shall have such jurisdiction of
offenses of the grade of misdemeanors as may be prescribed by law.
[Section 26 of article VI of the amended constitution of 1846, without change.]
Article VII
Section 1. The credit of the State shall not in any manner be given
or loaned to or in aid of any individual, association or corporation.
[Section 9 of article VII of the amended constitution of 1846, without change.]
§ 2. The State may, to meet casual deficits or failures in revenues,
or for expenses not provided for, contract debts; but such debts,
I
New York— 1894 2723
directly or contingent, singly or in the aggregate, shall not at any
time exceed one million of dollars ; and the moneys arising from the
loans creating such debts shall be applied to the purpose for which
they were obtained, or to repay the debt so contracted, and to no other
purpose whatever.
[Section 10 of article VII of the amended constitution of 1846, without
change.]
§ 3. In addition to the above limited power to contract debts, the
State may contract debts to repel invasions, suppress insurrection, or
defend the State in war ; but the money arising from the contracting
of such debts shall be applied to the purpose for which it was raised,
or to repay such debts, and to no other purpose whatever.
[Section 11 of article VII of the amended constitution of 1846, without
change.]
§ 4. Except the debts specified in sections two and three of this
article, no debts shall be hereafter contracted by or in behalf of this
State, unless such debt shall be authorized by a law, for some single
work or object, to be distinctly specified therein; and such law shall
impose and provide for the collection of a direct annual tax to pay,
and sufficient to pay, the interest on such debt as it falls due, and
also to pay and discharge the principal of such debt within fifty
years from the time of the contracting thereof. No such law shall
take effect until it shall, at a general election have been submitted
to the people, and have received a majority of all the votes cast for
and against it at such election. On the final passage of such bill in
either house of the legislature, the question shall be taken by ayes and
noes, to be duly entered on the journals thereof, and shall be: " Shall
this bill pass, and ought the same to receive the sanction of the
people ? " The legislature may at any time, after the approval of
such law by the people, if no debt shall have been contracted in pursu-
ance thereof, repeal the same; and may at any time, by law, forbid
the contracting of any further debt or liability under such law ; but
the tax imposed by such act, in proportion to the debt and liability
which may have been contracted in pursuance of such law, shall
remain in force and be irrepealable, and be annually collected, until
the proceeds thereof shall have made the provision hereinbefore speci-
fied to pay and discharge the interest and principal of such debt and
liability. The money arising from any loan or stock creating such
debt or liability shall be applied to the work or object specified in the
act authorizing such debt or liability, or for the payment of such debt
or liability, and for no other purpose whatever. No such law shall
be submitted to be voted on, within three months after its passage or
at any general election when any other law, or any bill shall be sub-
mitted to be voted for or against. The legislature may provide for
the issue of bonds of the state to run for a period not exceeding fifty
years in lieu of bonds heretofore authorized but not issued and shall
impose and provide for the collection of a direct annual tax for the
payment of the same as hereinbefore required. When any sinking
fund created under this section shall equal in amount the debt for
which it was created, no further direct tax shall be levied on account
of said sinking fund and the legislature shall reduce the tax to an
7254— VOL 5—09 13
2724 New York— 1894
amount equal to the accruing interest on such debt. [Amended by
vote of People, Nov. 7, 1905.]
[Section 2 of article VII of the amended constitution of 1846, amended by
striking the words " the tenth and eleventh sections " and inserting the words
" sections two and three."]
§ 5. The sinking funds provided for the payment of interest and
the extinguishment of the principal of the debts of the State shall be
separate^ kept and safely invested, and neither of them shall be
appropriated or used in any manner other than for the specific pur-
pose for which it shall have been provided.
[Section 13 of article VII of the amended constitution of 1846, without
change.]
§ 6. Neither the Legislature, canal board, nor any person or persons
acting in behalf of the State, shall audit, allow or pay any claim
which, as between citizens of the State, would be barred by lapse of
time. This provision shall not be construed to repeal any statute
fixing the time within which claims shall be presented or allowed,
nor shall it extend to any claim duly presented within the time
allowed by law, and prosecuted with due diligence from the time of
such presentment. But if the claimant shall be under legal dis-
ability, the claim may be presented within two years after such dis-
ability is removed.
[Section 14 of article VII of the amended constitution of 1846, amended by-
striking out certain provisions probably deemed obsolete.]
§ 7. The lands of the State, now owned or hereafter acquired, con-
stituting the forest preserve as now fixed by law, shall be forever kept
as wild forest lands. They shall not be leased, sold or exchanged,
or be taken by any corporation, public or private, nor shall the timber
thereon be sold, removed or destroyed.
§ 8. The Legislature shall not sell, lease or otherwise dispose of the
Erie canal, the Oswego canal, the Champlain canal, the Cayuga and
Seneca canal, or the Black River canal; but they shall remain the
property of the State and under its management forever. The pro-
hibition of lease, sale or other disposition herein contained, shall not
apply to the canal known as the Main and Hamburg street canal,
situated in the city of Buffalo, and which extends easterly from the
westerly line of Main street to the westerly line of Hamburg street.
All funds that may be derived from any lease, sale or other disposi-
tion of any canal shall be applied to the improvement, superintend-
ence or repair of the remaining portions of the canals.
[Section 6 of article VII of the amended constitution of 1846, amended.]
§ 9. No tolls shall hereafter be imposed on persons or property
transported on the canals, but all boats navigating the canals, and
the owners and masters thereof, shall be subject to such laws ,and
regulations as have been or may hereafter be enacted concerning the
navigation of the canals. The Legislature shall annually, by equi-
table taxes, make provision for the expenses of the superintendence
and repairs of the canals. All contracts for work or materials on
the canals shall be made with the persons who shall offer to do or pro-
vide the same at the lowest price, with adequate security for their
loerformance. No extra compensation shall be made to any con-
tractor ; but, if, from any unforeseen cause, the terms of any contract
I
New York— 1894 2725
shall prove to be unjust and oppressive, the canal board may, upon
the application of the contractor, cancel such contract.
[Section 2 of article VII of the amended constitution of 1846, amended by
strilving out certain obsolete provisions relating to the " canal debt sinking
fund."]
§10. The canals may be improved in such manner as the Legis-
lature shall provide by law. A debt may be authorized for that pur-
pose in the mode prescribed by section four of this article, or the cost
of such improvement may be defrayed by the appropriation of funds
from the state treasury, or by equitable annual tax.
[New.]
Section 11. The legislature may appropriate out of any funds in
the treasury, moneys to pay the accruing interest and principal of
any debt heretofore or hereafter created, or any part thereof and
may set apart in each fiscal year, moneys in the state treasury as a
sinking fund to pay the interest as it falls due and to paf^ and dis-
charge the principal of any debt heretofore or hereafter created under
section four of article seven of the constitution until the same shall
be wholly paid, and the principal and income of such sinking fund
shall be applied to the purpose for which said sinking fund is created
and to no other purpose whatever ; and, in the event such moneys so
set apart in any fiscal year be sufficient to provide such sinking fund,
a direct anual tax for such year need not be imposed and collected,
as required by the provisions of said section four of article seven, or
of any law enacted in pursuance thereof. [Adopted by vote of
People, Nov. 7, 1905.]
§ 12. A debt or debts of the state may be authorized by law for the
improvement of highways. Such highways shall be determined
under general laws, which shall also provide for tlie equitable appor-
tionment thereof among the counties. The aggregate of the debts
authorized by this section shall not at any one time exceed the sum of
fifty millions of dollars. The payment of the annual interest on
such debt and the creation of a sinking fund of at least two per
centum per annum to discharge the principal at maturity shall be
provided by general laws whose force and effect shall not be dimin-
ished during the existence of any debt created thereunder. The leg-
islature may by general laws require the county or town or both to
pay to the sinking fund the proportionate part of the cost of any
such highw^ay within the boundaries of such county or tow^n and the
proportionate part of the interest thereon, but no county shall at any
time for any highway be required to pay more than thirty-five hun-
dredths of the cost of such highway, and no town more than fifteen
hundredths. None of the provisions of the fourth section of this
article shall apply to debts for the improvement of highways hereby
authorized. [Adopted by vote of People. Nov. 7, 1905.]
Article VIII
Section 1. Corporations may be formed under general laws; but
shall not be created by special act, except for municipal purposes, and
in cases where, in the judgment of the Legislature, the objects of the
corporation cannot be attained under general laws. All general
2726 New York— 1894
laws and special acts passed pursuant to this section may be altered
from time to time or repealed.
[Section 1 of article YIII of the amended constitution of 1846, without change.]
§ 2. Dues from corporations shall be secured by such individual
liability of the corporators and other means as may be prescribed by
law.
[Section 2 of article VIII of the amended constitution of 184G, without change.]
§ 3. The term corporation as used in this section shall be construed
to include all associations and joint-stock companies having any of
the powers or privileges of corporations not possessed by individuals
or partnerships. And all corporations shall have the right to sue
and shall be subject to be sued in all courts in like cases as natural
persons.
[Section 3 of article VIII of the amended constitution of 1846, without change.]
§ 4. THfe Legislature shall, by general law, conform all charters of
savings banks, or institutions for savings, to a uniformity of power,
rights and liabilities, and all charters hereafter granted for such
corporations shall be made to conform to such general law, and to
such amendments as may be made thereto. And no such corporation
shall have any capital stock, nor shall the trustees thereof, or any of
them, have any interest whatever, direct or indirect, in the profits
of such corporation ; and no director or trustee of any such bank or
institution shall be interested in any loan or use of any money or
property of such bank or institution for savings. The Legislature
shall have no power to pass any act granting any special charter for
banking purposes; but corporations or associations may be formed
for such purposes under general laws.
[Section 4 of article VIII of the amended constitution of 1846, without change.]
§ 5. The Legislature shall have no power to pass any law sanction-
ing in any manner, directly or indirectly, the suspension of specie
payments, by any person, association or corporation, issuing bank
notes of any description.
[Section 5 of article VIII of the amended constitution of 1846, without change.]
§ 6. The Legislature shall provide by law^ for the registry of all bills
or notes, issued or put in circulation as money, and shall require
ample security for the redemption of the same in specie.
[Section 7 of article VIII of the amended constitution of 1846, without change.]
§ 7. The stockholders of every corporation and joint-stock asso-
ciation for banking purposes, shall be individually responsible to
the amount of their respective share or shares of stock in any such
corporation or association, for all its debts and liabilities of ever}^
kind.
[Section 7 of article VIII of the amended constitution of 1846, amended.]
(See Barnes v. Arnold, 23 Misc. Rep. 197.) (1898.)
§ 8. In case of the insolvency of any bank or banking association,
the billholders thereof shall be entitled to preference in payment,
overall other creditors of such bank or association.
[Section 8 of article VIII of the amended constitution of 1846, without change.]
I
New York— 1894 2727
§ 9. Neither the credit nor the money of the State shall be given
or loaned to or in aid of any association, corporation or private
undertaking. This section shall not, however, prevent the Legisla-
ture from making such provision for the education and support of the
blind, the deaf and dumb, and juvenile delinquents, as to it may seem
proper. Nor shall it apply to any fund or property now held, or
which may hereafter be held, by the State for educational purposes.
[Section 10 of article VIII of the amended constitution of 1846, without
change.]
§ 10. No county, city, town or village shall hereafter give any
money or property, or loan its money or credit to or in aid of any
individual, association or corporation, or become directly or indirectly
the owner of stock in, or bonds of, any association or corporation; nor
shall any such county, city, town or village be allowed to incur any
indebtedness except for county, city or town or village purposes. This
section shall not prevent such county, city, town or village from
making such provision for the aid or support of its poor as may be
authorized by law. No county or city shall be allowed to become
indebted for any purpose or m any manner to an amount which,
including existing indebtedness, shall exceed ten per centum of the
assessed valuation of the real estate of such county or city subject to
taxation, as it appeared by the assessment rolls of said county or
city on the last assessment for state or county taxes prior to the incur-
ring of such indebtedness; and all indebtedness in excess of such
limitation, except such as now may exist, shall be absolutely void,
except as herein otherwise provided. No county or city whose pres-
ent indebtedness exceeds ten per centum of the assessed valuation of
its real estate subject to taxation, shall be allowed to become indebted
in any further amount until such indebtedness shall be reduced within
such limit. This section shall not be construed to prevent the issuing of
certificates of indebtedness or revenue bonds issued in anticipation of
the collection of taxes for amounts actually contained, or to be con-
tained in the taxes for the year when such certificates or revenue
bonds are issued and payable out of such taxes. Nor shall this sec-
tion be construed to prevent the issue of bonds to provide for the
supply of water; but the term of the bonds issued to provide the
supply of water shall not exceed twenty years, and a sinking fund
shall be created on the issuing of the said bonds for their redemption,
by raising annually a sum which Avill produce an amount equal to the
sum of the principal and interest of said bonds at their maturity.
All certificates of indebtedness or revenue bonds issued in anticipa-
tion of the collection of taxes, which are not retired within five years
after their date of issue, and bonds issued to provide for the supply
of water, and any debt hereafter incurred by any portion or part of
a city, if there shall be any such debt, shall be included in ascertaining
the power of the city to become otherwise indebted ; except that debts
incurred by the city of New York after the first day of January,
nineteen hundred and four, to provide for the supply of w^ater shall
not be so included. Whenever the boundaries of any city are the
same as those of a county, or when any city shall include within its
boundaries more than one county, the power of any county w^holly
included within such city to become indebted shall cease,^ but the
2728 New York— 1894
debt of the county, heretofore existing, shall not, for the purposes of
this section, be reckoned as a part of the city debt. The amount here-
after to be raised by tax for county or city purposes, in any county
containing a city of over one hundred thousand inhabitants, or any
such city of this State, in addition to providing for the principal
and interest of existing debt, shall not in the aggregate exceed in any
one year two per centum of the assessed valuation of the real and per-
sonal estate of such county or city, to be ascertained as j)rescribed
in this section in respect to county or city debt. [Amended bv vote
of People, Nov. 7, 1905.]
[Section 11 of article VIII of the amended constitution of 1846, with the
following changes: (1) Extending the limitation of indebtedness to all cities
and counties; (2) providing that cen'tificates or bonds issued in anticipation of
the collection of taxes, not retired within five years, water bonds, and debts
incurred by a part of a city shall be included in ascertaining the power to con-
tract further indebtedness; and (8) providing that the power of a county to
contract a debt shall cease when the boundaries of the county and city shall
become co-terminus.]
[Section 11 of article VIII of the amended constitution of 1846, amended.]
§ 11. The Legislature shall provide for a state board of charities,
which shall visit and inspect all institutions, whether state, county,
municipal, incorporated or not incorporated, which are of a chari-
table, eleemosynary, correctional or reformatory character, except-
ing only such institutions as are hereby made subject to the visita-
tion of either of the commissions hereinafter mentioned, but includ-
ing all reformatories except those in which adult males convicted
of felony shall be confined ; a state commission in lunacy which shall
visit and inspect all institutions, either public or private, used for the
care and treatment of the insane (not including institutions for epi-
leptics or idiots) ; a state commission of prisons which shall visit and
inspect all institutions used for the detention of sane adults charged
with or convicted of crime, or detained as witnesses or debtors.
[New.]
§ 12. The members of the said board and of the said commissions
shall be appointed by the Governor, by and with the advice and
consent of the Senate; and any member may be removed from office
by the Governor for cause, an opportunity having been given him to
be heard in his defense.
[New.]
§ 13. Existing laws relating to institutions referred to in the fore-
going sections and to their supervision and inspection, in so far as
such laws are not inconsistent with the provisions of the Constitution,
shall remain in force until amended or repealed by the Legislature.
The visitation and inspection herein provided for shall not be exclu-
sive of other visitation and inspection now authorized by law.
[New.]
§ 14. Nothing in this Constitution contained shall prevent the
Legislature from making such jDrovision and support of the blind,
the deaf and dumb, and juvenile delinquents, as to it may seem
proper; or prevent any county, city, town or village from providing
for the care, support, maintenance and secular education of inmates
of orphan asylums, homes for dependent children or correctional
institutions, whether under public or private control. Payments by
I
I
New York— 1894 2729
counties, cities, towns and villages to charitable, eleemosynary, cor-
rectional and reformatory institutions, wholly or partly under pri-
vate control, for care, support and maintenance, may be authorized,
but shall not be required by the Legislature. No such payments shall
be made for any inmate of such institutions who is not received and
retained therein pursuant to rules established by the state board of
charities. Such rules shall be subject to the control of the Legisla-
ture by general laws.
[New.]
§15. Commissioners of the state board of charities and commis-
sioners of the state commission in lunacy, now holding office, shall be
continued in office for the term for which they were appointed,
respectively, unless the legislature shall otherwise provide. The
Legislature may confer upon the commissions and upon the board
mentioned in the foregoing sections any additional powers that are
not inconsistent with other provisions of the Constitution.
[New.]
Article IX
Section 1. The Legislature shall provide for the maintenance and
support of a system of free common schools, wherein all the children
of this State may be educated.
[New.]
§ 2. The corporation created in the year one thousand seven hun-
dred and eighty-four, under the name of The Regents of the Uni-
versity of the State of New York, is hereby continued under the
name of The University of the State of New^ York. It shall be
governed and its corporate powers, which may be increased, modified
or diminished by the Legislature, shall be exercised by not less than
nine regents.
[New.]
§ 3. The capital of the common school fund, the capital of the
literature fund, and the capital of the United States deposit fund,
shall be respectively preserved inviolate. The revenue of the said
common school fund shall be applied to the support of the common
schools; the revenue of the literature fund shall be applied to the
support of academies; and the sum of twenty-five thousand dollars
of the revenues of the United States deposit fund shall each year be
appropriated to and made part of the capital of the said common
school fund.
[Section 1 of article IX of the amended constitntion of 1846, without change.]
§ 4. Neither the State nor any subdivision thereof, shall use its
property or credit or any public money, or authorize or permit either
to be used, directly or indirectly, in aid or maintenance, other than
for examination or inspection, of any school or institution of learn-
ing Avholly or in part under the control or direction of any religious
denomination, or in which any denominational tenet or doctrine is
taught.
[New.]
2730 New York— 1894
Article X
Section 1. Sheriffs, clerks of counties, district attorneys and regis-
ters in counties having registers, shall be chosen by the electors of the
respective counties, once in every three years and as often as vacancies
shall happen, except in the counties of New York and Kings, and in
counties whose boundaries are the same as those of a city, where such
officers shall be chosen by the electors once in every two or four years
as the Legislature shall direct. Sheriffs shall hold no other office and
be ineligible for the next term after the termination of their offices.
They may be required by law to renew their security, from time to
time; and in default of giving such new security, their offices shall
be deemed vacant. But the county shall never be made responsible
for the acts of the sheriff'. The Governor may remove any officer,
in this section mentioned, within the term for which he shall have
been elected ; giving to such officer a copy of the charges against him,
and an opportunity of being heard in his defense.
L Section 1 of article X of the amended constitution of 1846, amended. The
reference to "coroners" is omitted; therefore, that office ceases to be a consti-
tutional one and may be abolished by the legislature. The provision that in
counties whose boundaries are the same as cities, these officers shall be elected
for two or four years as the legislature shall direct, is new.]
§ 2. All county officers whose election or appointment is not pro-
vided for by this Constitution, shall be elected by the electors of the
respective counties or appointed by the boards of supervisors, or other
county authorities, as the Legislature shall direct. All city, town and
village officers, whose election or appointment is not provided for by
this Constitution, shall be elected by the electors of such cities, towns
and villages, or of some division thereof, or appointed by such author-
ities thereof, as the Legislature shall designate for that purpose. All
other officers, whose election or appointment is not provided for by
this Constitution, and all officers, whose offices may hereafter be cre-
ated by law, shall be elected by the people, or appointed, as the
Legislature may direct.
[Section 2 of article X of the amended constitution of 1840, without change.]
§ 3. When the duration of any office is not provided by this Con-
stitution it may be declared by law, and if not so declared, such office
shall be held during the pleasure of the authority making the
appointment.
[Section 3 of article X of the amended constitution of 184C, without change.]
§ 4. The time of electing all officers named in this article shall be
prescribed by law.
[Section 4 of article X of the amended constitution of 1846, without change.]
§ 5. The Legislature shall provide for filling vacancies in office,
and in case of elective officers, no person appointed to fill a vacancy
shall hold his office by virtue of such appointment longer than the
commencement of the political year next succeeding the first annual
election after the happening of the vacancy.
[Section 5 of article X of the amended constitution of 1846, without change.]
New York— 1894 2731
§ 6. The political year and legislative term shall begin on the first
day of January; and the Legislature shall, every year, assemble on
the first Wednesday in January.
[Section 6 of article X of the amended constitution of 1846, amended. The
time of the assembling of the legislature is changed and made absolute.]
§ 7. Provision shall be made by law for the removal for miscon-
duct or malversation in office of all officers, except judicial, whose
powers and duties are not local or legislative and who shall be elected
at general elections, and also for supplying vacancies created by such
removal.
[Section 7 of article X of the amended constitution of 1846, without change.]
§ 8. The Legislature may declare the cases in which any office shall
be deemed vacant when no provision is made for that purpose in this
constitution.
[Section 8 of article X of the amended constitution of 1846, without change.]
§ 9. No officer whose salary is fixed by the Constitution shall receive
any additional compensation. Each of the other state officers named
in the Constitution shall, during his continuance in office, receive a
compensation, to be fixed by law, which shall not be increased or
diminished during the term for which he shall have been elected or
appointed ; nor shall he receive to his use any fees or perquisites of
office as other compensation.
[Section 0 of article X of the amended constitution of 1846, without change.]
Article XI
Section 1. All able-bodied male citizens between the ages of
eighteen and forty-five years, who are residents of the State, shall
constitute the militia, subject, however, to such exemptions as are
now, or may be hereafter created by the laws of the United States,
or by the Legislature of this State.
[Section 1 of article XI of the amended constitution of 1846, amended.]
§ 2. The Legislature may provide for the enlistment into the active
force of such other persons as may make application to be so enlisted.
[This provision is not contained in the amended constitution of 1846, although
this power was impliedly granted therein.]
§ 3. The militia shall be organized and divided into such land and
naval, and active and reserve forces as the Legislature may deem
proper, provided however that there shall be maintained at all times
a force of not less than ten thousand enlisted men, fully uniformed,
armed, equipped, disciplined and ready for active service. And it
shall be the duty of the Legislature at each session to make sufficient
appropriation for the maintenance thereof.
[New in terms.]
§ 4. The Governor shall appoint the chiefs of the several staff
departments, his aides-de-camp and military secretary, all of whom
shall hold office during his pleasure, their commissions to expire with
the term for which the- Governor shall have been elected ; he shall
2732 New York—ISH
also nominate, and with the consent of the Senate appoint, all major-
generals.
[The siibstjince of this section is contained in section 3 of article XI of the
amended constitution of 1846, A portion of such section is omitted.]
§ 5. All other commissioned and noncommissioned officers shall
be chosen or appointed in such manner as the Legislature may deem
most conducive to the improvement of the militia, provided, how-
ever, that no law shall be passed changing the existing mode of elec-
tion and appointment unless two-thirds of the members present in
each house shall concur therein.
[This section is a substitute for sections 4 and G of article XI of the amended
constitution of 1846.]
§ 6. The commissioned officers shall be commissioned by the Gov-
ernor as commander-in-chief. No commissioned officer shall be re-
moved from office during the term for which he shall have been
appointed or elected, unless by the Senate on the recommendation
of the Governor, stating the grounds on which such removal is recom-
mended, or by the sentence of a court-martial, or upon the findings
of an exainining board organized pursuant to law, or for absence
without leave for a period of six months or more.
[Section 5 of article XI of the amended constitution of 1846, amended. The
principal change is the removal of commissioned officers upon the findings of an
examining board or for absence without leave.]
Article XII
Section 1. It shall be the duty of the Legislature to provide for the
organization of cities and incorporated villages, and to restrict their
power of taxation, assessment, borrowing money, contracting debts,
and loaning their credit, so as to prevent abuses in assessments and
in contracting debt by such municipal corporations ; and the legisla-
ture may regulate and fix the wages or salaries, the hours of work or
labor, and make provision for the protection, welfare and safety of
persons employed by the state or by any county, city, town, village
or other civil division of the state, or by any contractor or subcon-
tractor performing work, labor or services for the state, or for any
county, city, town, village or other civil divisions thereof. [Amended
by vote of People, Nov. 7, 1905.]
[Section 9 of article VIII of the amended constitution of 1846, without
change.]
§ 2. All cities are classified according to the latest state enumera-
tion, as from time to time made, as follows: The first class includes
all cities having a population of two hundred and fifty thousand, or
more; the second class, all cities having a population of fifty thou-
sand and less than two hundred and fifty thousand ; the third class,
all other cities. Laws relating to the property, affairs of government
of cities, and the several departments thereof, are divided into general
and special city laws ; general city laws are those which relate to all
the cities of one or more classes; special city laws are those which
relate to a single city, or to less than all the cities of a class. Special
city laws shall not Be passed except in conformity with the provisions
of this section. After any bill for a special city law, relating to a city,
has been passed by both branches of the Legislature, the house in
which it originated shall immediately transmit a certified copy
New York—lS94 2733
thereof to the mayor of such city, and within fifteen days thereafter
the mayor shall return such bill to the house from which it was sent,
or if the session of the Legislature at which such bill was passed
has terminated, to the Governor, with the mayor's certificate thereon,
stating whether the city has or has not accepted the same. In every
city of the first class, the mayor, and in every other city, the mayor
and the legislative body thereof concurrently, shall act for such city
as to such bill; but the Legislature may provide for the concurrence
of the legislative body in cities of the first class. The Legislature
shall provide for a public notice and opportunity for a public hear-
ing concerning any such bill in every city to which it relates, before
action thereon. Such a bill, if it relates to more than one city, shall
be transmitted to the mayor of each city to which it relates, and shall
not be deemed accepted unless accepted as herein provided, by every
such city. Whenever any such bill is accepted as herein provided, it
shall be subject as are other bills, to the action of the Governor.
Whenever, during the session at which it was passed, any such bill is
returned without the acceptance of the city or cities to wdiich it
relates, or within such fifteen days is not returned, it may neverthe-
less again be passed by both branches of the legislature, and it shall
then be subject as are other bills, to the action of the Governor. In
every special city law which has been accepted by the city or cities
to which it relates, the title shall be followed by the words " accepted
by the city," or " cities," as the case, may be ; in every such law which
is passed without such acceptance, by the words " passed without the
acceptance of the city," or " cities," as the case may be.
[New.]
§ 3. All elections of city officers, including supervisors and judicial
officers of inferior local courts, elected in any city or part of a city,
and of county officers elected in the counties of New York and Kings,
and in all counties whose boundaries are the same as those of a city,
except to fill vacancies, shall be held on the Tuesday succeeding the
first Monday in November in an odd-numbered year, and the term of
every such officer shall expire at the end of an odd-numbered year.
The terms of office of all such officers elected before the first day of
January, one thousand eight hundred and ninety-five, whose succes-
sors have not then been elected, which under existing laws would
expire with an even-numbered year, or in an odd-numbered year and
beiore the end thereof, are extended to and including the last day of
December next following the time when such terms would otherwise
-expire; the terms of office of all such officers, which under existing
laws would expire in an even-numbered year, and before the end
thereof, are abridged so as to expire at the end of the preceding year.
This section shall not apply to any city of the third class, or to elec-
^tions, of any judicial officer, except judges and justices of inferior
" )cal courts.
[New.]
Article XIII
Section 1. Members of the Legislature, and all- officers executive
[and judicial, except such inferior officers as shall be by law exempted
[shall, before they enter on the duties of their respective offices, take
■and subscribe the following oath or affirmation : " I do solemnly
2734 New York— 1894
swear (or affirm) that I will support the Constitution of the United
States, and the Constitution of the State of New York, and that I
will faithfully discharge the duties of the office of , according
to the best of my ability ; " and all such officers who shall have been .
chosen at any election shall, before they enter on the duties of their
respective offices, take and subscribe the oath or affirmation above
prescribed, together with the following addition thereto, as part
thereof :
"And I do further solemnly swear (or affirm) that I have not
directly or indirectly paid, offered or promised to pay, contributed,
or offered or promised to contribute any money, or other valuable
thing as a consideration or reward for the giving or withholding a
vote at the election at which I was elected to said office, and have not
made any promise to influence the giving or withholding any such
vote," and no other oath, declaration or test shall be required as a
qualification for any office of public trust.
[Section 1 of article XII of the amended constitution of 1846, without change.]
§ 2. Any person holding office under the laws of this State who,
except in payment of his legal salary, fees or perquisites, shall receive
or consent to receive, directly or indirectly, anything of value or of
personal advantage, or the promise thereof, for performing or omit-
ting to perform any official act, or with the express or implied under-
standing that his official action or omission to act is to be in any
degree influenced thereby, shall be deemed guilty of a felony. This
section shall not affect the validity of any existing statute in relation
to the offense of bribery.
[Section 1 of article XY of the amended constitution of 1846, without change.]
§ 3. Any person w^ho shall offer or promise a bribe to an officer, if
it shall be received, shall be deemed guilty of a felony and liable to
punishment, except as herein provided. No person offering a bribe
shall, upon any prosecution of the officer for receiving such bribe, be
privileged from testifying in relation thereto, and he shall not be
liable to civil or criminal prosecution therefor, if he shall testify to
the giving or offering of such bribe. Any person who shall offer or
promise a bribe, if it be rejected by the officer to whom it was ten-
dered, shall be deemed guilty of an attempt to bribe, which is hereby
declared to be a felony.
[Section 2 of article XV of the amended constitution of 1846, without change.]
§ 4. Any person charged w^ith receiving a bribe, or with offering or
promising a bribe, shall be permitted to testify in his OAvn behalf in
any civil or criminal prosecution therefor.
[Section 3 of article XV of the amended constitution of 1846, without change.]
§ 5. No public officer, or person elected or appointed to a public
office, under the laws of this State, shall directly or indirectly ask,
demand, accept, receive or consent to receive for his own use or
benefit, or for the use or benefit of another, any free pass, free trans-
portation, franking privilege or discrimination in passenger, tele-
graph or telephone rates, from any person or corporation, or make
use -of the same himself or in conjunction with another. A person
who violates any provision of this section, shall be deemed guilty of a
misdemeanor, and shall forfeit his office at the suit of the Attorney-
General. Any corporation, or officer or agent thereof, who shall offer
New York— 1894 2735
or promise to a public officer, or person elected or appointed to a
]:)iiblic office, any such free pass, free transportation, franking privi-
lege or discrimination shall also be deemed guilty of a misdemeanor
and liable to punishment except as herein provided. No person, or
officer or agent of a cori:)oration, giving any such free pass, free trans-
portation, franking privilege or discrimination hereby prohibited,
shall be privileged from testifying in relation thereto, and he shall
not be liable to civil or criminal prosecution therefor if he shall
testify to the giving of the same.
[New.]
§ 6. Any district attorney who shall fail faithfully to prosecute a
person charged with the violation in his county of any provision of
this article which may come to his knowledge, shall be removed from
office by the Governor, after due notice and an opportunity of being
heard in his defense. The expenses which shall be incurred by any
county, in investigating and prosecuting any charge of bribery or
attempting to bribe any person holding office under the laws of this
State within such county, or of receiving bribes by any such person in
said county, shall be a charge against the State, and their payment
b}^ the State shall be provided for by law.
[Section 4 of article XV of the amended constitution of 184G, without change.]
Article XIV
Section 1. Any amendment or amendments to this Constitution
may be proposed in the Senate and Assembly ; and if the same shall
be agreed to by a majority of the members elected to each of the two
houses, such proposed amendment or amendments shall be entered on
their journals, and the yeas and nays taken thereon, and referred to
the Legislature to be chosen at the next general election of senators,
and shall be published for three months previous to the time of mak-
ing such choice; and if in the Legislature so next chosen, as afore-
said, such proposed amendment or amendments shall be agreed to by
a majority of all the members elected to each house, then it shall be
the duty of the Legislature to submit such proposed amendment or
amendments to the people for approval in such manner and at such
times as the Legislature shall prescribe; and if the people shall
approve and ratify such amendment or amendments by a majority
of the electors voting thereon, such amendment or amendments shall
become a part of the Constitution from and after the first day of
January next after such approval.
[Section 1 of article XIII of the amended constitution of 1846, amended.]
§ 2. At the general election to be held in the year one thousand nine
hundred and sixteen, and every twentieth year thereafter, and also at
such times as the Legislature may by law jjrovide, the question,
" Shall there be a convention to revise the Constitution and amend the
same ? " shall be decided by the electors of the State ; and in case a
majority of the electors voting thereon shall decide in favor of a con-
vention for such purpose, the electors of every senate district of the
State, as then organised, shall elect three delegates at the next ensu-
ing general election at which members of the Assembly shall be
chosen, and the electors of the State voting at the same election shall
elect fifteen delegates-at-large. The delegates so elected shall con-
2736 New York— 1894
vene at the capitol on the first Tuesday of April next ensuing after
their election, and shall continue their session until the business of
such convention shall have been completed. Every delegate shall
receive for his services the same compensation and the same mileage
as shall then be annually payable to the members of the Assembly. A
majority of the convention shall constitute a quorum for the transac-
tion of business, and no amendment to the Constitution shall be sub-
mitted for approval to the electors as hereinafter provided, unless by
the assent of a majority of all the delegates elected to the convention,
the yeas and nays being entered on the journal to be kept. The con-
vention shall have the power to appoint such officers, employes and
assistants as it may deem necessary, and fix their compensation and to
provide for the printing of its documents, journal and proceedings.
The convention shall determine the rules of its own proceedings,
choose its own officers, and be the judge of the election, returns and
qualifications of its members. In case of a vacancy, by death, resig-
nation or other cause, of any district delegate elected to the conven-
tion, such vacancy shall be filled by a vote of the remaining delegates
representing the district in which such vacancy occurs. If such
vacancy occurs in the office of a delegate-at-large, such vacancy shall
be filled by a vote of the remaining delegates-at-large. Any proposed
constitution or constitutional amendment which shall have been
adopted by such convention, shall be submitted to a vote of the elec-
tors of the State at the time and in the manner provided by such con-
vention, at an election which shall be held not less than six weeks
after the adjournment of such convention. Upon the approval of
such constitution or constitutional amendments, in the manner pro-
vided in the last preceding section, such constitution or constitutional
amendment, shall go into effect on the first day of January next after
such approval.
[The part of this section relating to the calling of future conventions is sub-
stantially the same as section 2 of article XIII of the amended constitution of
1846. The remainder of the section is new.]
§ 3. Any amendment proposed by a constitutional convention relat-
ing to the same subject as an amendment proposed by the Legislature,
coincidently submitted to the people for approval at the general elec-
tion held in the year one thousand eight hundred and ninety- four, or
at any subsequent election, shall, if approved, be deemed to supersede
the amendment so proposed by the legislature.
[New.]
Article XV
Section 1. This Constitution shall be in force from and including
the first day of January, one thousand eight hundred and ninety-five,
except as herein otherwise provided.
Done in Convention at the Capitol in the city of Albany, the
twenty-ninth day of September, in the year one thousand eight hun-
dred and ninety-four, and of the Independence of the United States
of America the one hundred and nineteenth.
In witness whereof, we have hereunto subscribed our names.
Joseph Hodges Choate,
President and Delegate-at-Large,
Charles Elliott Fitch,
Secretary,
New York— 1894 2737
Schedule Showing" Sources of Sections of the New York State Constitution
of 1894.
Constitution of 1894. Constitution of 1846, amended.
Art. I, § 1-. Art. I, § 1.
I, 2 I, 2.
I, 3 I, 3.
I, 4 I, 4.
I, 5 I, 5.
I, 6 I, 6.
I, 7 I, 7, amended.
I, 8 I, 8.
I, 9 I, 10, amended.
1, 10 I, 11.
I, 11 I, 12.
I, 12 I, 13.
I, 13 I, 14.
I, 14 I, 15.
I, 15 I, 16.
I, 16 I, 17, amended.
I, 17 I, 18.
I, 18 New.
II, 1 '. Art. II, 1, amended.
II, 2 II, 2, amended in language.
II, 3 II, 3, amended.
II, 4 II, 4, amended.
II, 5 II, 5, amended.
II, 6 New.
Ill, 1 Art. Ill, 1.
Ill, 2 New. Superseding art. Ill, § 2.
Ill, 3 New. " III, 3.
Ill, 4 New. " III, 4.
Ill, 5 New. '* III, 5.
Ill, 6 Art. Ill, 6.
Ill, 7 Ill, 7.
Ill, 8 Ill, 8.
Ill, 9 Ill, 9.
Ill, 10 Ill, 10, amended.
Ill, 11 Ill, 11.
Ill, 12 Ill, 12.
Ill, 13 Ill, 13.
Ill, 14 Ill, 14.
Ill, 15 Ill, 15, amended.
Ill, 16 Ill, 16.
Ill, 17 Ill, 17.
. Ill, 18 Ill, 18, amended in language.
Ill, 19 Ill, 19.
Ill, 20 I, 9.
Ill, 21 VII, 8.
Ill, 22 New.
Ill, 23 Art. III. 25.
Ill, 24 Ill, 20.
HI, 25 Ill, 21.
Ill, 26 Ill, 22.
Ill, 27 Ill, 23.
Ill, 28 Ill, 24.
III, 29 New.
IV, 1 Art. IV, 1, amended.
IV, 2 IV, 2.
IV, 3 IV, 3.
IV, 4 IV, 4.
IV, 5 IV, 5.
IV, 6 IV, 6.
IV, 7 IV, 7, amended.
IV, 8 IV, 8.
IV, 9 IV, 9.
V, 1 V, 1, amended.
2738 ^ New York— 1894
Schedule Showing" Sources of Sections of the New York State Constitution
of 1894— Continued.
Constitution of 1894. Constitution of 1846, amended.
Art. V, § 2 New.
V, 3 Art. V, § 3, amended in language.
V, 4 V, 4, amended in language.
V, 5 Y, 5, amended in language.
V, 6 V, 6.
V, 7 V, 7.
V, 8 y, 8.
V, 9 New.
VI, 1 Partly new, superseding art. YI, § 6.
YI, 2 Mostly new, superseding art. YI, §§ 7 and 28.
YI, 3... Art. YI, § 8, amended.
YI, 4 YI, § 9, amended.
YI, 5 New. Repealing art. YI, § 12.
YI, 6 New.
YI, 7 Art. YI, § 2, amended.
YI, 8 YI, 3, amended.
YI, 9 New.
YI, 10 Art. YI, §10.
YI, 11 YI, 11, amended.
YI, 12 Partly new, superseding art. YI, §§13 and 14.
YI, 13 Art. YI, § 1.
Yl, 14 YI, 15, amended.
YI, 15 Partly new, and see art. YI, § 15.
YI, 16 Art. YI, §16, amended.
YI, 17 YI, 18, amended.
YI, 18 YI, 19, amended.
YI, 19 YI, 20, amended.
YI, 20 Partly new, superseding art. YI, § 21.
YI, 21 Art. YI, §23, amended.
YI, 22 YI, 25, amended.
YI, '23 YI, 26.
YII, 1 YII, 9.
YII, 2 YII, 10.
YII, 3 YII, 11.
YII, 4 YII, 12, amended in language.
YII, 5 YII, 13.
YII, 6 YII, 14, amended.
YII, 7 New.
YII, 8 Art. YII, 6, amended.
YII, 9 YII, 3, amended.
YII, 10 New.
YIII, 1 Art.YIII, 1.
YIII, 2 YIII, 2.
YIII, 3 YIII, 3.
VIII, 4 YIII, 4.
YIII, 5 YIII, 5.
YIII, 6 ,VIII, 6.
YIII, 7 YIII, 7, amended.
YIII, 8 YIII, 8.
YIII, 9 YIII, 10.
VIII, 10 YIII, 11, amended.
YIII, 11-15 New.
IX, 1 New.
IX, 2 New.
IX, 3 Art. IX, 1.
IX, 4 New.
X, 1 Art. X, 1, amended.
■ X, 2 X, 2.
. X, 3 X, 3.
X, 4 X, 4.
X, 5 X, 5.
X, 6 X, 6, amended.
X, 7 X, 7.
New York— 1894
2739
Schedule Showing Sources of Sections of the New York State Constitution
of 1894— Continued.
Constitution of 1894. Constitution of 1846, amended.
Art. X,§ 8 Art. X, § 8.
X, 9 X, 9.
XI, 1 XI, 1, amended.
XI, 2 XI, 2, amended.
XI, 3 XI, 3, amended.
XI, 4 XI, 4, amended.
XI, 5 XI, 5, amended.
XI, 6 XI, 6, amended.
XII, 1 .- VIII, 9.
XII, 2 New.
XII, 3 New.
XIII, 1 Art. XII, 1.
XIII, 2 XV, 1.
. XIII, 3 XV, 2.
XIII, 4 XV, 3.
XIII, 5.... New.
XIII, 6 Art. XV, 4.
XIV, 1 XIII, 1, amended.
XIV, 2 XIII, 2, amended.
XIV, 3 New.
XV, 1 Art. XIV, 13.
Schedule Showing Disposition of Sections of the New York State Consti-
tution of 1846, Amended.
Constitution of 1846, amended.
Constitution of 1894.
Art.
I,§
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
I,
n,
II,
II,
II,
II,
III,
III,
III,
III,
III,
III,
III,
III,
III,
III,
III,
III,
III,
III,
1 Re-enacted in Art.
2
3
4
5
6
7 Amended by
8 Re-enacted m
10 Amended by
11 Re-enacted in
12
13
14
15
16
17 Amended by
18 Re-enacted in
Amended by
1
2
3
4
5
1 Re-enacted in
2 Superseded bv
3
4
5
6 Re-enacted in
7
9
10 • Amended by
11 Re-enacted in
12
13
14
II
1.
2.
3.
4.
5.
6.
7.
8.
20.
9.
10.
11.
12.
13.
14.
15.
16.
17.
1.
2.
3.
4.
5.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
7254— VOL 5—09-
-14
2740 New York— 1894
Scliedule Showing" Disposition of Sections of the New York State Consti-
tution of 1846, Amended — Continued.
Constitution of 1846, amended. Constitution of 1894.
Art. Ill, § 15 Amended by Art. Ill, § 15.
Ill, 16 Re-enacted in III, 16.
Ill, 17 *' III, 17.
Ill, 18 Amended bv III, 18.
Ill, 19 Re-enacted in III, 19.
Ill, 20 " III, 24.
Ill, 21 " III, 25.
Ill, 22 " III, 26.
Ill, 23 *' III, 27.
Ill, 24 •* III, 28.
III, 25 " III, 23.
IV, 1 Amended bv IV, 1.
IV, 2 Re-enacted in IV, 2.
IV, 3 " IV, 3.
IV, 4 " IV, 4.
IV, 5 " IV. 5.
IV, 6 " IV; 6.
IV, 7 Amended by IV, 7.
IV, 8 Re-enacted m IV, 8.
IV, 9 ** IV. 9.
V, 1 Amended by V, 1.
V, 2 - V, 1,2.
V, o Amended in language. Art. V, § 3.
V, 4 '' " Art. V, §4.
V, 5 " " Art. V, §5.
V, 6 Re-enacted in Art. V, § 6.
V, 7 - V, 7.
V, 8 " V, 8.
VI, 1 '' VI, 13.
VI, 2 Amended by VI, 7.
VI, 3 ** VI, 8.
VI, 4 ( Causes referred to commissioners of appeals. ) Ab-
rogated.
VI, 5 ( Commissioners of appeals. ) Abrogated.
VI, 6 Superseded by Art. VI, § 1.
VI, 7 " VI, 2.
VI, 8 Amended by VI, 3.
VI, 9 '' VI, 4.
VI, 10 Re-enacted in VI, 10.
VI, 11 Amended by VI, 11.
VI, 13 Superseded by Art. VI, § 12.
VI, 12 (City courts) repealed by Art. VI, § 5.
VI, 14 '' VI, 12.
VI, 15 Amended by VI, 14.
VI, 16 " VI, 16.
VI, 17 (Question of election or appointment of judges.)
Abrogated.
VI, 18 Amended by Ar^ VI, § 17.
VI, 19 '' VI, 18.
VI, 20 " VI, 19.
VI, 21 Superseded by VI, 20.
VI, 22 " VI, 9.
VI, 23 Amended by VI, 21.
VI, 24 ( First election of judges. ) Abrogated .
VI, 25 Amended by Art. VI, § 22.
VI, 26 Re-enacted in VI, 23.
VII, 1 i ( Canal debt, etc. ) Abrogated.
VII, 2 (General fund debt, etc.) Abrogated.
VII, 3 Amended by Art. VII, § 9.
> VII, 4 ( Loans to incorporated companies. ) Abrogated.
VII, 5 (Provisions for payment of canal debt.) Abrogated.
VII, 6 Re-enacted in Art. VII, § 8.
VII, 7 (Salt springs.) Abrogated.
New York— 1894 2741
Schedule Showing" Disposition of Sections of the New York State Consti-
tution of 1846, Amended — Continued.
Constitution of 1846, amended. Constitution of 1894.
Art. VII,§ 8 Re-enacted in Art. Ill, § 21.
VII, 9 " VII, 1.
VII, 10 " • VII, 2.
VII, 11 ** VII, 3.
VII, 12 Amended in language Art. 8, § 4.
VII, 13 Re-enacted in Art. VII, § 5.
VII, 14 Amended by VII, 6.
VIII, 1 Re-enacted in VIII, 1.
VIII, 2 " VIII, 2.
VIII, 3 " VIII, 3.
VIII, 4 " VIII, 4.
VIII, 5 " VIII, 5.
VIII, 6 '' VIII, 6.
VIII, 7 Amended by VIII, 7.
VIII, 8 Re-enactedin VIII, 8.
VIII, 9 :.. " XII, 1.
VIII, 10 " VIII, 9.
VIII, 11 " VIII, 10.
IX, 1 '' IX, 3.
X, 1 Amended by X, 1.
X, 2 Re-enacted in X, 2.
X, 3 ♦* X, 3.
X, 4 " X, 4.
X, 5 " X, 5.
X, 6 Amended bj^ X, 6.
X, 7 Re-enacted m X, 7.
X, 8 " X, 8.
X 9 " X 9
Xl' 1 !!."."]].!'.!"- !." Superseded by Xl' 1.
XI, 2 " XI, 5.
XI, 3 Amended by XI, 4.
XI, 4 " XI, 5.
XI, 5 " XI, 6.
XI, 6 Superseded by XI, 5.
XII, 1 Re-enactedin XIII, 1.
XIII, 1 Amended by XIV, 1.
XIII, 2 " XIV, 2.
XIV, 1 (First election of senators, etc. ) Abrogated.
XIV, 2 (Firstelectionof governor and lieutenant-governor. )
Abrogated.
XIV, 3 ( State officers to remain in office. ) Abrogated.
XIV, 4 (First election of judges, etc. ) Abrogated.
XIV, 5 (Pending suits.) Abrogated.
XIV, 6 ( Masters in chancery. ) Abrogated.
XIV, 7 ( Vacancy in office of chancellor. ) Abrogated.
XIV, 8 ^Offices abolished. ) Abrogated.
XIV, 9 (Chancellors and justices eligible. ) Abrogated.
XIV, 10 ^Expiration of term.) Abrogated.
XIV, 11 (Judicial officers may take fees. ) Abrogated.
XIV, 12 (Local courts.) Abrogated.
XIV, 13 Amended by Art. XV, § 1.
XV, 1 Re-enacted in XIII, 2.
XV, 2 " XIII, 3.
XV, 3 " XIII, 4.
XV. 4 " XIII. 6.
NORTH CAROLINA
For organic acts relating to the lands now included within North Carolina
see in other parts of this work :
Charter to Raleigh, 1584 (p. 53).
Charter of Virginia, 1606 (Virginia, p. 3783).
Charter of Virginia, 1609 (Virginia, p. 3790).
Charter of Virginia, 1612 (Virginia, p. 3802).
Ordinances for Virginia, 1621 (Virginia, p. 3810).
CHARTER OF CAROLINA— 1663 * «
Charles the Second, by the grace of God, king^f England, Scot-
land, France, and Ireland, Defender of the Faith, &c., To all to whom
these present shall come : Greeting :
1st. Whereas our right trusty, and right well beloved cousins and
counsellors, Edward Earl of Clarendon, our high chancellor of Eng-
land, and George Duke of Albemarle, master of our horse and captain
general of all our forces, our right trusty and well beloved William
Lord Craven, John Lord Berkley, our right trusty and well beloved
counsellor, Anthony Lord Ashley, chancellor of our exchequer. Sir
George Carteret, knight and baronet, vice chamberlain of our house-
hold, and our trusty and well beloved Sir William Berkley, knight,
and Sir John Colleton, knight and baronet, being excited with a
laudable and pious zeal for the propagation of the Christian faith,
and the enlargement of our empire and dominions, have humbly
besought leave of us, by their industry and charge, to transport and
make an ample colony of our subjects, natives of our kingdom of
England, and elsewhere within our dominions, unto a certain country
hereafter described, in the parts of America not yet cultivated or
planted, and only inhabited by some barbarous people, who have no
knowledge of Almighty God.
2d. And whereas the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, have humbly besought us to give, grant and confirm unto
them and their heirs, the said country, with priviledges and juris-
dictions requisite for the good government and safety thereof : Know
♦The Colonial Records of North Carolina, Edited by William L. Saunders,
Vol. 1—1662 to 1712. Raleigh. P. M. Hale, Printer to the State, pp. 20-33.
1886.
o Sir Robert Heath was attorney-general to Charles I, and Bancroft says :
•' There is room to believe that, in 1639, permanent plantations were planned and
perhaps attempted by his assign," but the patent was declared void in 1663,
because the purposes for which it had been granted had never been fulfilled.
See patent to Sir Robert Heath, p. 69.
2743
2744 North Carolina— 1663
ye, therefore, that we, favouring the pious and noble purpose of the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, of our special
grace, certain knowledge and meer motion, have given, granted and
confirmed, and by this our present charter, for us, our heirs and suc-
cessors, do give, grant and confirm unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
AVilliam Berkley, and Sir John Colleton, their heirs and assigns,
all that territory or tract of ground, scituate, lying and being within
our dominions of America, extending from the north end of the
island called Lucke island, which lieth in the southern Virginia seas,
and within six and thirty degrees of the northern latitude, and to the
west as far as the south seas, and so southerly as far as the river St.
Matthias, which bordereth upon the coast of Florida, and within one
and thirty degrees of northern latitude, and so west in a direct line as
far as the south seas aforesaid ; together with all and singular ports,
harbours, bays, rivers, isles and islets belonging to the country afore-
said; and also all the soil, lands, fields, woods, mountains, fields,
lakes, rivers, bays and islets, scituate or being within the bounds or
limits aforesaid, with the fishing of all sorts of fish, whales, sturgeons,
and all other royal fishes in the sea, bays, islets and rivers within the
premises, and the fish therein taken; and moreover all veins, mines,
quarries, as well discovered as not discovered, of gold, silver, gems,
precious stones, and all other whatsoever, be it of stones, metals, or
any other thing whatsoever, found or to be found within the countries,
isles and limits aforesaid.
3d. And furthermore, the patronage and advowsons of all the
churches and chappels, which as Christian religion shall increase within
the country, isles, islets and limits aforesaid, shall happen hereafter to
be erected, together with license and power to build and found
churches, chappels and oratories, in convenient and fit places, within
the said bounds and limits, and to cause them to be dedicated and
consecrated according to the ecclesiastical laws of our kingdom of
England, together with all and singular the like, and as ample rights,
jurisdictions, priviledges, prerogatives, royalties, liberties, immunities
and franchises of what kind soever, within the countries, isles, islets
and limits aforesaid.
4th. To have, use, exercise and enjoy, and in as ample manner as
any bishop of Durham in our kingdom of England, ever heretofore
have held, used or enjoyed, or of right ought or could have, use, or
enjoy. And them, the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, we do by these presents, for
us, our heirs and successors, make, create and constitute the true and
absolute Lords Proprietors of the country aforesaid, and of all other
the premises; saving always the faith, allegiance and sovereign
dominion due to us, our heirs and successors, for the same, and saving
also the right, title and interest of all and every our subjects of the
English nation, which are now planted within the limits and bounds
aforesaid (if any be). To have, hold, possess and enjoy the said
country, isles, islets, and all and singular other the premises, to them
North Carolina— 166S 2745
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, Sir John Colleton, their
heirs and assigns forever, to be holden of us, our heirs and successors,
as of our manner of East Greenwich in our county of Kent, in free
and common soccage, and not in capite, or by knight service ; yielding
and paying yearly to us, our heirs and successors, for the same, the
yearly rent of twenty marks of lawful money of England, at the
feast of All Saints, yearly forever, the first payment thereof to begin
and to be made on the feast of All Saints, which shall be in the year
of our Lord one thousand six hundred and sixty-five, and also the
fourth part of all gold or silver ore, which, within the limits afore-
said, shall from time to time happen to be found.
5th. And that the country, thus by us granted and described, may
be dignified by us with as large titles and priviledges as any other
l^art of our dominions and territories in that region. Know ye, that
we of our further grace, certain knowledge, and meer motion, have
thought fit to erect the same tract of ground, county, and island, into
a province, and out of the fulness of our royal power and prerogative,
we do, for us, our heirs and successors, erect, incorporate and ordain
the same into a province, and call it the Province of Carolina, and so
from henceforth will have it called; and forasmuch as we have
hereby made and ordained the aforesaid Edward Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William
Berkley, and Sir John Colleton, their heirs and assigns, the true lords
and proprietors of all the province aforesaid; Know ye, therefore
moreover that we, reposing especial trust and confidence in their
fidelity, wisdom, justice and provident circumspection, for us, our
heirs and successors, do grant full and absolute power, by virtue of
these presents, to them the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley,
Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, and their heirs, for the good and happy gov-
ernment of the said province, to ordain, make, enact, and under their
seals to publish any laws whatsoever, either appertaining to the pub-
lick state of the said province, or to the private utility of particular
persons, according to their best discretion, of and with the advice,
assent and approbation of the freemen of the said province, or of the
greater part of them, or of their delegates or deputies, whom for
enacting of the said laws, when and as often as need shall require, we
will that the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Lord Craven, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, and their heirs, shall from time to time assemble in such
manner and form as to them shall seem best, and the same laws duly
to execute upon all people within the said province and limits thereof,
for the time being, or which shall be constituted under the power and
government of them or any of them, either sailing towards the said
province of Carolina, or returning from thence towards England, or
any other of our, or foreign dominions, by imposition of penalties,
imprisonment or any other punishment ; yea, if it shall be needf nil,
and the quality of the offence requires it, by taking away member and
life, either by them, the said Edward Earl of Clarendon, George Duke
2746 North Carolina— 1663
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, and their heirs, or by them or their deputies, lieu-
tenants, judges, justices, magistrates, officers and members to be
ordained or appointed according to the tenor and true intention of
these presents; and likewise to appoint and establish any judges or
justices, magistrates or officers whatsoever, within the said province,
at sea or land, in such manner and forni as unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthomr Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton and their heirs shall seem
most convenient; also, to remit, release, pardon and abolish (whether
before judgment or after) all crimes and offences whatsoever, against
the said laws, and to do all and every other thing and things, which
unto the compleat establishment of justice unto courts, sessions, and
forms of judicature and manners of proceedings therein do belong,
although in these presents express mention be not made thereof ; and
by judges and by him or them delegated, to award process, hold pleas,
and determine in all the said courts, and places of judicature, all
actions, suits and causes whatsoever, as w^ell criminal or civil, real,
mixt, personal, or of any other kind or nature whatsoever; which
laws, so as aforesaid to be published, our pleasure is, and we do require,
enjoin and command, shall be absolute, firm and available in law, and
that all the liege people of us, our heirs and successors, within the said
province of Carolina, do observe and keep the same inviolably in
those parts, so far as they concern them, under the pains and pen-
alties therein expressed, or to be expressed: Provided nevertheless^
that the said laws be consonant to reason, and as near as may be con-
veniently, agreeable to the laws and customs of this our kingdom of
England.
6th. And because such assemblies of freeholders cannot be so con-
veniently called, as there may be occasion to require the same, we do,
therefore, by these presents, give and grant unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns, by
themselves or their magistrates, in that behalf lawfully authorized,
full power and authority from time to time to make and ordain fit
and wholesome orders and ordinances, w^ithin the province aforesaid,
to be kept and observed as well for the keeping of the peace, as for
the better government of the people there abiding, and to publish the
same to all to whom it may concern ; w hich ordinances, we do by
these presents streightly charge and command to be inviolably ob-
served within the said province, under the penalties therein expressed,
so as such ordinances be reasonable, and not repugnant or contrary,
but as near as may be, agreeable to the laws and statutes of this our
kingdom of England, and so as the same ordinances do not extend
to the binding, charging, or taking away of the right or interest of
any person or persons, in their freehold, goods or chattels whatsoever.
7th. And to the end the said province may be more happily in-
creased, by the multitude of people resorting thither, and may like-
wise be the more strongly defended from the incursions of salvages
and other enemies, pirates and robbers^ therefore we, for us, our heirs
North Carolina— 1663 2747
and successors, do give and grant by these presents, power, license and
liberty unto all the liege people of us, our heirs and successors in our
kingdom of England or elsewhere, within any other our dominions,
islands, colonies or plantations, (excepting those who shall be espe-
cially forbidden,) to transport themselves and families unto the said
province, with convenient shipping and fitting provisions, and there
to settle themselves, dwell and inhabit, any law, statute, act, ordi-
nance, or other thing to the contrary in any wise notwithstanding.
And we will also, and of our more special grace, for us, our heirs and
successors, do streightly enjoin, ordain, constitute and command, that
the said province of Carolina, shall be of our allegiance, and that all
and singidar the subjects and liege people of us, our heirs and suc-
cessors, transported or to be transported into the said province, f^nd
the children of them and of such as shall descend from them, there
born or hereafter to be born, be and shall be denizons and lieges of us,
our heirs and successors of this our kingdom of England, and be in all
things held, treated, and reputed as the liege faithful people of us,
our heirs and successors, born within this our said kingdom, or any
other of our dominions, and may inherit or otherwise purchase and
receive, take, hold, buy and possess any lands, tenements or heredita-
ments within the same places, and them may occupy, possess and
enjoy, give, sell, aliene and bequeathe; as likewise all liberties, fran-
chises and priviledges of this our kingdom of England, and of other
our dominions aforesaid, and may freely and quietly have, possess
and enjoy, as our liege people born within the same, without the least
molestation, vexation, trouble or grievance of us, our heirs and suc-
cessors, any statute, act, ordinance, or provision to the contrary not-
withstanding.
8th. And furthermore, that our subjects of this our said kingdom
of England, and other our dominions, may be the rather encouraged
to undertake this expedition with ready and chearful minds, know ye,
that we of our special grace, certain knowledge and meer motion, do
five and grant by virtue of these presents, as well to the said Edward
larl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, and their heirs, as unto all
others as shall from time to time repair unto the said province, with
a purpose to- inhabit there, or to trade with the natives of the said
province, full liberty and license to lade and freight in any port
whatsoever, of us, our heirs and successors, and into the said province
of Carolina, by them, their servants or assigns, to transport all and
singular their goods, wares and merchandises, as likewise all sorts of
grain whatsoever, and any other things whatsoever, necessary for the
rood and clothing, not prohibited by the laws and statutes of our
kingdoms and dominions, to be carried out of the same, without any
let or molestation of us, our heirs and successors, or of any other of
our officers, or ministers whatsoever, saving also to us, our heirs and
successors, the customs and other duties and payments, due for
the said wares and merchandises, according to the several rates
of the places from whence the same shall be transported. We will
also, and by these presents, for us, Our heirs and successors, do
give and grant license by this our charter, unto the said Edward
Earl of Clarendon. George Duke of Albemarle, William Lord Craven,
2748 North Carolina— 1668
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns, and
to all the inhabitants and dwellers in the province aforesaid, both
present and to come, full power and absolute authority to import or
unlade by themselves or their servants, factors or assigns, all mer-
chandises and goods whatsoever, that shall arise of the fruits and com-
modities of the said province, either by land or by sea, into any of the
ports of us, our heirs and successors, in our kingdom of England,
Scotland or Ireland, or otherwise to dispose of the said goods, in the
said ports; and if need be, within one year next after the unlading, to
lade the said merchandises and goods again into the same or other
ships, and to export the same into any other countries either of our
dominions, or foreign, being in amity with us, our heirs and suc-
cessors, so as they pay such customs, subsidies, and other duties for
the same, to us, our heirs and successors, as the rest of our subjects of
this our kingdom, for the time being, shall be bound to pay, beyond
which we will not, that the inhabitants of the said province of Caro-
lina, shall be any ways charged.
9th. Provided nevertheless^ and our will and pleasure is, and we
have further for the consideration aforesaid, of our more especial
grace, certain knowledge, and meer motion, given and granted, and
by these presents, for us, our heirs and successors, do give and grant
unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Lord Craven, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley and Sir John
Colleton, their heirs and assigns, full and free license, liberty and
authority, at any time or times, from and after the feast of St.
Michael the archangel, w^hich shall be in the year of our Lord Christ,
one thousand six hundred sixty and seven, as well to import, and
bring into any of our dominions from the said province of Carolina,
or any part thereof, the several goods and commodities, hereinafter
mentioned, that is to say, silks, wines, currants, raisins, capers, w^ax,
almonds, oyl and olives, -without paying or answering to us, our
heirs or successors, any custom, import, or other duty, for and in
respect thereof, for and during the term and space of seven years, to
commence and be accompted, from and after the first importation of
four tons of any the said goods, in any one bottom, ship or vessel
from the said province, into any of our dominions, as a'lso to export
and carry out of any of our dominions, into the said province of
Carolina, custom free, all sorts of tools which shall be usefull or
necessary for the planters there, in the accommodation and improve-
ment of the premises, any thing before, in these presents con-
tained, or any law, act, statute, prohibition or other matter, or any-
thing heretofore had, made, enacted or provided, or hereafter to Jbe
had, made, enacted or provided, to the contrary, in any wise not-
withstanding.
10th. And furthermore, of our own ample and especial grace, cer-
tain knowledge, and meer motion, w^e do for us, our heirs and suc-
cessors, grant unto the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley and Sir
John Colleton, their heirs and assigns, full and absolute power and
authority, to make, erect and constitute, within the said province of
North Carolina— 1663 2749
Carolina, and the isles and islets aforesaid, such and so many sea-
ports, harbours, creeks and other places, for discharge and unlading
of goods and merchandises, out of ships, boats and other vessels, and
for lading of them, in such and so many places, and with such juris-
diction, priviledges and franchises unto the said ports belonging, as
to them shall seem most expedient, and that all and singular the ships,
boats and other vessels, which shall come for merchandises and trade
into the said province, or shall depart out of the same, shall be laden
and unladen at such ports only, as shall be erected and constituted
by the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, and not elsewhere, any use, custom or any
other thing to the contrary, in any wise notwithstanding.
11th. And w^e do furthermore will, appoint and ordain, and by
these presents for us, our heirs and successors, do grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley and Sir John Colleton, their heirs and
assigns, that they the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John
Colleton, their heirs and assigns, may from time to time forever, have
and enjoy, the customs and subsidies in the ports, harbors, creeks and
other places within the province aforesaid, payable for goods, mer-
chandise and wares, there laded or to be laded, or unladed, the said
customs to be reasonably assessed, upon any occasion, by themselves,
and by and with the consent of the free people there, or the greater
part of them as aforesaid ; to whom we give power by these presents,
for us, our heirs and successors, upon just cause and in a due propor-
tion, to assess and impose the same.
12th. And further, of our special grace, certain knowledge, and
meer motion, we have given, granted and confirmed, and by these
presents, for us, our heirs and successors, do give, grant and confirm
unto the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs and assigns, full and absolute license, power and authority,
that the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
Sir George Carteret, Sir William Berkley', Sir John Colleton, their
heirs and assigns, from time to time, hereafter, forever, at his and
their will and pleasure, may assign, alien, grant, demise or enfeof the
premises, or any part or parcels thereof, to him or them that shall be
willing to purchase the same, and to such person or persons as they
shall think fit, to have and to hold, to them the said person or persons,
their heirs or assigns, in fee simple or fee tayle, or for term for life,
or lives, or years, to be held of them, the said Edward Earl of Clar-
endon, George Duke of Albemarle, W^illiam Lord Craven, John Lord
Berkley, Anthony Lord Ashley, Sir George Carteret, Sir W^illiam
Berkley and Sir John Colleton, their heirs and assigns, by such rents,
services and customs, as shall seem meet to the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven, John
2750 North Carolina— 1663
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wil-
liam Berkley, and Sir John Colleton, their heirs and assigns, and not
immediately of us, our heirs and successors, and to the same person
and persons, and to all and every of them, we do give and grant by
these presents, for us, our heirs and successors, license, authority and
power, that such person or persons, may have or take the premises,
or any parcel thereof, of the said Edward Earl of Clarendon, George
Duke of Albemarle, William Lord Craven, John Lord Berkley, An-
thony Lord Ashley, Sir George Carteret, Sir William Berkley, and
Sir John Colleton, their heirs and assigns, and the same to hold, to
themselves, their heirs or assigns, in what estate of inheritance what-
soever, in fee simple, or fee tayle, or otherwise, as to them and the
said Edw^ard Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs and
assigns, shall seem expedient ; the statute made in the parliament of
Edward, son of King Henry, heretofore king of England, our pred-
ecessor, commonly called the statute "• of " quia emf tores terrarmn; "
or any other statute, act, ordinance, use, law, custom or any other
matter, cause or thing heretofore published, or provided to the con-
trary, in any wise notwithstanding.
13th. And because many persons born, or inhabiting in the said
province, for their deserts and services, may expect and be capable of
marks of honor and favor, which, in respect of the great distance,
cannot be conveniently conferred by us ; our w^ill and pleasure there-
fore is, and we do by these presents, give and grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George
Carteret, Sir William Berkley, and Sir John Colleton, their heirs and
assigns, full power and authority, to give and confer, unto and upon,
such of the inhabitants of the said province, as they shall think do or
shall merit the same, such marks of favour and titles of honour as they
shall think fit, so as these titles of honour be not the same as are
enjoyed by, or conferred upon any the subjects of this our kingdom of
England.
14th. And further also, we do by these presents, for us, our heirs
and successors, give and grant license to them, the said Edw^ard Earl
of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns, full
power, liberty and license to erect, raise and build within the said
province and places aforesaid, or any part or parts thereof, such and
so many forts, fortresses, castles, cities, buroughs, towns, villages and
other fortifications w^hatsoever, and the same or any of them to fortify
and furnish with ordinance, powder, shot, armory, and all other
weapons, ammunition, habilements of war, both offensive and defen-
sive, as shall be thought fit and convenient for the safety and welfare
of the said province and places, or any part thereof, and the same, or
any of them from time to time, as occasion shall require, to dismantle,
disf urnish, demolish and pull down, and also to place, constitute and
appoint in and over all or any of the castles, forts, fortifications, cities,
o 18 Ed. 1 West. 3 c. 1 p. 45.
North Carolina— 1663 2751
towns and places aforesaid, governors, deputy governors, magistrates,
sheriffs and other officers, civil and military, as to them shall seem
meet, and to the said cities, burou^hs, towns, villages, or any other
place or places within the said province, to grant " letters or charters
of incorporation," with all liberties, franchises and priviledges, requi-
site and usefull, or to or within any corporations, Avithin this our
kingdom of England, granted or belonging; and in the same cities,
buroughs, towns and other places, to constitute, erect and appoint such
and so many markets, marts and fairs, as shall in that behalf be
thought fit and necessary ; and further also to erect and make in the
province aforesaid, or any part thereof, so many mannors as to them
shall seem meet and convenient, and in every of the said mannors to
have and to hold a court baron, with all things whatsoever which to a
court baron do belong, and to have and to hold views of " frank
pledge " and " court leet," for the conservation of the peace and better
government of those parts within such limits, jurisdictions, and pre-
cincts, as by the said Edward Earl of Clarendon, George Duke of
Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, or their heirs, shall be appointed for that purpose, with all
things whatsoever, which to a court leet, or view of frank pledge do
belong, the said court to be holden by stewards, to be deputed and
authorized by the said Edward Earl of Clarendon, George Duke of
Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord
Ashley, Sir George Carteret, Sir William Berkley, and Sir John
Colleton, or their heirs, or by the lords of other mannors and leets,
for the time being, when the same shall be erected.
15th. And because that in so remote a country, and scituate among
so many barbarous nations, and the invasions as well of salvages as
of other enemies, pirates and robbers, may probably be feared ; there-
fore we have given, and for us, our heirs and successors, do give
power, by these presents, unto the said Edward, Earl of Clarendon,
George Duke of Albemarle, William Lord Craven, John Lord Berk-
ley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley,
and Sir John Colleton, their heirs and assigns, by themselves, or their
captains, or other their officers, to levy, muster and train all sorts of
men, of what condition or wheresoever born, in the said province for
the time being, and to make war and pursue the enemies aforesaid, as
well by sea as by land, yea, even without the limits of the said prov-
ince, and by God's assistance to vanquish and take them, and being
taken to put them to death by the law of war, or to save them at their
pleasure ; and to do all and every other thing, which unto the charge
of a captain general of an army belongeth, or hath accustomed to
belong, as fully and freely as any captain general of an army hath or
ever had the same.
16th. Also our will and pleasure is, and by this our charter we give
unto the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir
George Carteret, Sir William Berkley, and Sir John Colleton,* their
heirs and assigns, full power, liberty and authority, in case of rebel-
lion, tumult or sedition, (if any should happen,) Which God forbid,
either upon the land within the province aforesaid, or upon the main
sea, in making a voyage thither, or returning from thence, by him or
2752 North Carolina— 1663
themselves, their captains, deputies and officers, to be authorized
under his or their seals for that purpose, to whom also, for us, our
heirs and successors, we do give and grant by these presents, full
power and authority, to exercise martial law against mutinous and
seditious persons of those parts, such as shall refuse to submit them-
selves to their government, or shall refuse to serve in the wars, or shall
fly to the enemy, or forsake their colours or ensigns, or be loyterers or
straglers, or otherwise howsoever offending against law, custom or
discipline military, as freely and in as ample manner and form as any
captain general of an army by vertue of his office, might or hath
accustomed to use the same.
17th. And our further pleasure is, and by these presents, for us,
our heirs and successors, we do grant unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Lord Craven, John
Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir Wil-
liam Berkley, and Sir John Colleton, their heirs and assigns, and to
all the tenants and inhabitants of the said province of Carolina, both
present and to come, and to every of them, that the said province
and the tenants and inhabitants thereof, shall not from henceforth be
held or reputed a member or part of any colony whatsoever in Amer-
ica, or elsewhere, now transported or made, or hereafter to be trans-
ported or made; nor shall be depending on, or subject to their gov-
ernment in anything, but be absolutely seperated and divided from
the same ; and our pleasure is, by these presents, that they be seper-
ated, and that they be subject immediately to our crown of England,
as depending thereof forever; and that the inhabitants of the said
Province, nor any of them, shall at any time hereafter be compelled
or compellable, or be any ways subject or liable to appear or answer
to any matter, suit, cause or plaint whatsoever, out of the Province
aforesaid, in any other of our islands, colonies, or dominions in
America or elsewhere, other than in our realm of England, and
dominion of Wales.
18th. And because it may happen that some of the people and inhab-
itants of the said province, cannot in their private opinions, conform
to the publick exercise of religion, according to the liturgy, form and
ceremonies of the church of England, or take and subscribe the oaths
and articles, made and established in that behalf, and for that the
same, by reason of the remote distances of these places, will, we hope
be no breach of the unity and uniformity established in this nation ;
our will and pleasure therefore is, and we do by these presents, for us,
our heirs and successors, give and grant unto the said Edward Earl
of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, their heirs and assigns,
full and free license, liberty and authority, by such legal ways and
means as they shall think fit, to give and grant unto such person or
persons, inhabiting and being within the said province, or any part
thereof, who really in their judgments, and for conscience sake, can-
not or shall not conform to the said liturgy and ceremonies, and take
and subscribe the oaths and articles aforesaid, or any of them, such
indulgencies and dispensations in that behalf, for and during such
time and times, and with such limitations and restrictions as they,
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Lord Craven, John Lord Berkley, Anthony Lord Ashley,
North Carolina— 1663 2753
Sir George Carteret, Sir William Berkley, and Sir John Colleton,
their heirs or assigns, shall in their discretion think fit and reason-
able; and with this express proviso, and limitation also, that such
person and persons, to whom such indulgencies and dispensations
shall be granted as aforesaid, do and shall from time to time declare
and continue, all fidelity, loyalty and obedience to us, our heirs and
successors, and be subject and obedient to all other the laws, ordi-
nances, and constitutions of the said province, in all matters whatso-
ever, as well ecclesiastical as civil, and do not in any wise disturb the
peace and safety thereof, or scandalize or reproach the said liturgy,
forms and ceremonies, or anything relating thereunto, or any person
or persons whatsoever, for or in respect of his or their use or exer-
cise thereof, or his or their obedience and conformity, thereunto.
19th. And in case it shall happen, that any doubts or questions
should arise, concerning the true sense and understanding of any
word, clause or sentence contained in this our present charter, we
will, ordain and command, that at all times, and in all things, such
interpretation be made thereof, and allowed in all and every of our
courts whatsoever, as lawfully may be adjudged most advantageous
and favourable to the said Edward Earl of Clarendon, George Duke
of Albemarle, William Lord Craven, John Lord Berkley, Anthony
Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir
John Colleton, their heirs and assigns, although express mention be
not made in these presents, of the true yearly value and certainty of
the premises, or any part thereof, or of any other gifts and grants
made by us, our ancestors, or predecessors, to them the said Edward
Earl of Clarendon, George Duke of Albemarle, William Lord Craven,
John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir
William Berkley, and Sir John Colleton, or any other person or per-
sons whatsoever, or any statute, act, ordinance, provision, proclama-
tion or restraint, heretofore had, made, published, ordained or pro-
vided, or anv other thing, cause or matter, whatsoever, to the con-
trary thereof, in any wise notwithstanding.
In Witness, &c.
Witness the King, at Westminster, the four and twentieth day of
March, in the fifteenth year of our reign, (1663.)
Per Ipsum Regem.
A DECLARATION AND PROPOSALS OF THE LORD PROPRIETOR OF
CAROLINA, AUG. 25-SEPT. 4, 1663 ^
25 Aug., 1663.
His majesty having been graciously pleased, by his charter bearing
date the 24th of March, in the 15th year of his rei^n, out of a pious
and good intention for the propagation of the Christian faith amongst
the barbarous and ignorant Indians, the enlargement of his empire
and dominions, and enriching of his subjects, to grant and confirm
to us, Edward, earl of Clarendon, high chancellor of England,
George, duke of Albemarle, master of his majesty's horse and captain-
general of all his forces, William, Lord Craven, John, Lord Berkeley,
oText in the Colonial Records of North Carolina, Edited by William C.
Saunders, (Raleigh, 1886) Vol. I, pp. 43-46.
2754 North Carolina— 1663
Anthony, Lord Ashley, chancellor of his majesty's exchequer, Sir
George Carteret, knight and baronet, vice-chamberlain of his maj-
esty's household, William Berkeley, knight, and Sir John Colleton,
knight and baronet, and all that territory or tract of ground with the
islands and islets situate, lying, and being in his dominions in
America, extending from the north end of the island called Lucke
Island, which lieth in the Southern Virginia sea, and within 36 de-
grees of the northern latitude, and to the west as far as the South
seas, and so southwardly as far as the river St. Matthias, which
bordereth upon the coast of Florida, and within degrees of the
northern latitude ; in pursuance of which grant, and with a clear and
good intention to make those parts useful and advantageous to his
majesty and his people; we do hereby declare and propose to all his
majesty's loving subjects wheresoever abiding or residing, and do
hereby engage inviolably to perform and make good those ensuing
proposals in such manner as the first undertakers of the first settle-
ment shall reasonable desire.
1. If the first colony will settle on Charles River near Cape Fear,
which seems to be desired, it shall be free for them to do so on the
larboard side entering [south side] . If in any other of the territory,
then to choose either side, if by a river; we reserving to ourselves
twenty thousand acres of land, to be bounded and laid out by our
agents in each settlement, in such places as they shall see fit, and in
such manner that the colony shall not be thereby incommoded or
weakened; which we intend by our agents or assignees in due time
to settle and plant, they submitting to the government of that colony.
2. That the first colony may have power, when desired, at their own
charge to fortify the entrance of the river, as also the sea-coast and
island; they engaging to be true and faithful to his majesty, his
heirs and successors, by some oath or engagement of their own
framing.
3. That the undertakers of that settlement do, before they or any
of them repair thither to settle, present to us thirteen persons of those
that intend to go, of which number we shall commissionate one to be
Governor, for three years from the date of his commission, and six
more of the thirteen to be of his council, the major part of which
number, the Governor or his deputy to be one, to govern for the
time aforesaid; and will also nominate successors to the Governor,
who shall be of the six councillors aforesaid, to succeed in the govern-
ment, in case of death or removal ; and likewise councillors out of the
remaining six of the thirteen to succeed in case of death or removal
of any of the councillors, and after the expiration of the first three
years, and so successively for every three years. Upon or before the
25th day of March, before the expiration of the time of the Governor
in, being a new presentment by the freeholders of the colony, or by
such persons as they shall constitute, to be made of the thirteen per-
sons, four of which shall consist of those that shall be in the govern-
ment at the time of the election of the thirteen, out of which we will,
upon or before the 10th day of April following declare and com-
missionate a Governor and six councillors with their respective suc-
cessors in case and manner as aforesaid.
4. We shall, as far as our charter permits us, empower the major
part of the freeholders, or their deputies or assembly-men, to be
Ncyrth Carolina— 1663 2755
by them chosen out of themselves, viz : two out of every tribe, divi-
sion, or parish, in such manner as shall be agreed on, to make their
own laws, by and with the advise and consent of the Governor and
council, so as they be not repugnant to the laws of England, but, as
near as may be, agreeing with them in all civil affairs, with submisT
sion to a superintendency of a general council, to be chosen out -of
every government of the province, in manner as shall be agreed on
for the common defence of the whole ; which laws shall, Avithin one
year after publication, be presented to us to receive our ratification,
and to be in force until said ratification be desired and by us certi-
fied; but if once ratified, to continue until repealed by the same
power, or by time expired.
5. We will grant, in as ample manner as the undertakers shall
desire, freedom and liberty of conscience in all religious or spiritual
things, and to be kept inviolably with them, we having power in our
charter so to do.
6. We will grant the full benefit of these immunities to the under-
takers and settlers which, by the charter, is granted to us (for our
services to his majesty) in relation to freedom of customs, of tools
of all sorts useful there, to be exported from England for the plant-
ers' use; and of certain growths of the plantations, as wine, oil,
raisins of all sorts, Olivers, capers, wax, currants, almonds, and silks,
to be imported into any of his majesty's dominions for seven years
for each commodity, after four tons of every respective species is
imported as aforesaid in one bottom.
7. We will grant to every present undertaker for his own head, one
hundred acres of land, to him and his heires forever, to be held in free
and common soccage; and for every man-servant that he shall bring
or sent thither, that is fit to bear arms, armed with a good firelock
musket, performed bore, twelve bullets to the pound, and with twenty
pounds of powder and twenty pounds of bullets, fifty acres of land ;
and for every woman-servant thirty acres ; and to every man-servant
that shall come within that time, ten acres after the expiration of his
time; and to every woman-servant six acres after the expiration of
her time.
Note that we intend not hereby to be obliged to give the i^ro-
portions of lands above mentioned to masters and servants, longer
than in the first five years, to commence at the beginning of the first
settlement.
8. We will enjoin the Governor and council to take care that there
be always one man armed and provided as aforesaid in the colony,
for every fifty acres which we shall grant, and that there be a sup-
ply to make up the number in case of death or quitting the colony
by the owners of said lands within twelve months after giving notice
of the defect.
In consideration of the premises, we do expect by way of acknowl-
edgment, and towards the charge we have been and shall be at, one
halp-penny for every acre that shall be granted as aforesaid, within
the time before limited and expressed; and that the court-houses
and houses for public meetings be erected by the public moneys of
the colony on the lands taken up by us; but to be and continue to the
country's use forever, they paying some small acknowledgement.
Given under our hands this twenty-fifth day of August, Anno
Domini, 1663.
7254— VOL 5—09 15
2756 North Carolina— 1665
CONCESSIONS AND AGREEMENTS OF THE LORDS PROPRIETORS OF
THE PROVINCE OF CAROLINA, 1665 «
The Concessions and Agreement of the Lords Propryators of the
Province of Carolina to and with the adventurers of the Island of
Barbados and their associates of England New England the Car-
ribbia Islands and Barmothos to the Province of Carolina and all
that shall plant there In order to the setling and planting of the
Countye of Clarendine the County of Albermarle and the County
which latter is to bee to the southward or westward of Cape Romania
all within the Province aforesaid.
1. Imp^'^ Wee doe consent and agree that the Governor of each
County hath poAver by the advise of his Councill to depute one in
his place and Authority in case of death or removall to continue
untill our further order unless wee have commissionated one before.
2. Item That he hath likewayes power to choyce of and to take
to him six Councillors at least or twelve at moast or any even Num-
ber between six and twelve with whose advise and consent or with
at least three of the six or fower of a greater Number all being
summoned he is to govern according to the Lymitacons and Instruc-
tions following during our pleasure ;
3. Item That the chiefe Registers or Secretarys w^hich wee have
chosen or shall chuse wee fayling that hee shall chuse shall keepe
exact entereyes in faire bookes of all publicke affaires of the said
Countyes and to avoyde deceiptes and lawsuits shall record and
enter all Graunts of Land from the Lords to the planter and all
conveyances of Land howse or howses from man to man, As alsoe
all leases for Land howse or howses made or to be made by the
Landlord to any tenant for more than one yeare, which conveyance
or Lease shalbe first acknowledged by the Granf or Leasor or
proved by the oath of two witnesses to the conveyance or Lease
before the Governor or some Cheife Judge of a Court for the time
being w^hoe shall under our hand us grant upon the backside of the
said deeds or Lease attest the acknowledgement or proof e as afore-
said which shalbe our grant for the Registers to record the same
which Conveyance or Lease soe recorded shalbe good and effectual
in Law notwithstanding any other conveyance deede or Lease for
the said Land howse or howses or for any part there although dated
before the Conveyance deede or Lease soe recorded as aforesaid And
the said Registers shall doe all other thing or things that wee by
our instructions shall direct and y® Governors Councell and Assem-
bly shall ordaine for the good and wellf aire of the said Countyes ;
4. Item That the surveyor Gen" that Avee have chosen or shall
chuse w^ee fayling that the Governor shall chuse, shall have power
by himself or Deputy to survey ley out and bound all such Lands
as shalbe granted from the Lords to the Planters (and all other
Lands within the said Countyes &c which may concerne particular
men as he shalbe desired to doe) And a particular thereof certifie
to the Registers and Surveyors or either of them shall soe misbehave
themselves as that the Governor and Councill or Deputy Governor
oText in the Colonial Records of North Carolina. Vol. I., pp. 79-86.
(Raleigh, 1886).
North Carolina— 1665 2757
and Council! or the maj^ pte of them shall finde it reasonable to
suspend their Actings in their respective Imployments it shalbe law-
ful for them soe to doe untill further order from us ;
5. Item That all choise of officers made by the Governor shalbe for
noe longer time then during our pleasure ;
6. Item That the Governors Councillors Assemblymen Secretarys
Surveyors and all other officers of trust shall sware or subscribe (in
a booke to be j^rovided for that purpose) that they will bare trew
allegance to the King of England his heires and successors and that
they Avilbe faithfull to the Interest of the Lords Propryat" of the
said Province and their heires executors and assignes and evdeavor
the peace and wellfaire of the said Province and that they will trewly
and faithfully discharge their respective trusts in their respective
offices and doe equall justice to all men according to their best skill
and judg™*^ without corruption favor or affection, and the names of
all that have sworne or subscribed to be entred in a booke; And
whosoever shall subscribe and not sware, and shall vyolate his pro-
mis in that Subscription shalbe lyable to the same punishm^ that
the persons are or may be that have sworne and broken their oathes ;
7. Item That all persons that are or shalbecome subjects to the
King of England and sware or subscribe allegiance to. the King and
faithfulness to the Lords as above shalbe admitted to plant and be-
come freemen of the Province and enjoy the freedomes and Immuni-
tyes hereafter exprest until some stop or Contradiccon be made by us
the Lords or else by the Governor Councill and Assembly w^^ shalbe
in force untill the Lords see Cause to the Contrary provided y* such
stop shall not anywayes prejudice y^ right or Continewance of any
person that hath beene rec"^ before such stop or order come from the
Lords or Gen" Assembly.
8. Item That noe person or persons quallifyed as ^foresaid within
the Province or all or any of the County es before exprest at any
time shalbe anywayes molested punished disquieted or called in
question for any differences in opinion or practice in matters of reli-
gious concernment whoe doe not actually disturbe the civill peace of
the said Province or Countyes byt that all and every such person and
persons from to time and at all times freely and fully have and
enjoye his and their judgements and contiences in matf^ of religion
throughout all the s^ Province they behaving themselves peaceably
and quietly and not using this Liberty to Lycentiousness nor to the
Civill Injury or outward disturbance of others, any Law statute or
clause conteyned or to be conteyned usuage or custom of this realme
of England to the contrary hereof in anywise notwithstanding.
9. Item That noe pretence may be taken by us our heries or assignes
for or by reason of o"" right of patronage and poW of advowson
graunted unto us by his Maj*'^"* Letters patten ts aforesaid to in-
fringe thereby y^ Gen" clause of Liberty of Contience aforemenconed
We doe hereby graunt unto the Gen" assemblyes of y® sev" Countyes
power by act to constitute and appoint such and soe many Ministers
or preach"^^ as they shall thinke fitt, and to establish their main-
tenance Giving LiJDerty besides to any person or persons to keepe
and mainteyne w* preachers or Ministers they please.
10. Item That the inhabitants being freemen or chiefe agents to
others of y® Counties afores* doe as soone as this our Comission shall
arrive by virtue oi a writt in our names by the Governor to be for y*
2758 North Carolina— 1665
present (untill our seale comes) sealed and syned make choice of
twelve Deputyes or representatives from amongst themselves whoe
being chosen are to joyne with him the s"^ Governor and Councill for
the makeing of such Lawes Ordinances and Constitutions as shalbe
necessary for the present good and welfare of the severall Countyes
afores^ but as soone as Parishes Divisions tribes or districcons of y^
said Countyes are made that then y^ Inhabitants or Freeholders of the
sev" and respective Parishes Tribes Divisions or Districcons of the
Countyes afores^ doe (by our writts under our Seale w^^ wee Ingage
shalbe in due time issued) annually meete on j^ first day of January
and chuse freeholders for each respective denizon Tribe or parish
to be j^^ Deputyes or representatives of y^ same, which body of Repre-
sentatives or y^ Maj'" parte of them shall w*^ the Governor and Coun-
cill afores*^ by y^ Gen" Assembly of the County for which they shalbe
chosen, the Governor or his Deputy being present unless they shall
wilfully refuse in w^^ case they may appoint themselves a president
during the absence of the Governor or his Deputy Governor.
Which Assembly es are to have power.
1. Item To appoint their own times of meeting and to adjorne their
sessions from time to time to such times and places as they shall thinke
Convenient as alsoe to ascertaine y^ Number of their Quorum Pro-
vided that such members be not less than y® third p^^ of the whole in
whome or more shalbe y® full power of the Generall Assembly (viz*)
2. Item To enact and make all such Lawes Acts and Constitutions
as shalbe necessary for the well Government of y® County for w^^
they shalbe chosen and them to repeale provided that the same be
consonant to reason and as near as they may be conveniently agre-
able to the Lawes and Customes of his Maj**^^ Kingdom of England
provided alsoe that they be not against y® Interest of us the Lords
Propryators our heires or assignes nor any of these our present con-
cessions Espetially that they be not against the Article for Liberty
of Contience abovemenconed, which Lawes &c soe made shall receave
publication from the Governor and Councill (but as the Lawes of us
and our Gen" Assembly) and be in force for the space of one yeare
and a halfe and noe more; Unless contradicted by the Lords Pro-
pryators within which time thay are to be presented to us our heries,
&c, for our ratification and being confirmed by us they shalbe in con-
tinuall force till expired by their owne Limitacon or by Act of
Repeale in like manner as af ores*^ to be passed and confirmed ;
3. Item by act as afores^ to constitute all Courts for their respective
Countyes, together w*^ y® Lymitts powers and jurisdiccons of y® said
Courts as also y® severall offices & Number of Officers belonging to
each of the s<^ respective Courts together with their severall and
respective salleryes fees and perquisites Theire appellations and
dignities with the penalltyes that shalbe due to them for breach of
their severall and respective dutyes and Trusts.
4. Item by act as afores^ to ley equall taxes and assessments equally
to rayse Moneyes or goods upon all Lands (excepting the lands of us
the Lords Propryators before setling) or persons within the severall
precincts Hundreds Parishes Manors or whatsoever other denizons
shall Jiereafter be made and established in y® said Countyes as oft as
necessity shall require and in such manner as to them shall seeme
most equall and easye for y® s*^ Inhabitants in order to the better
North Carolina— 1665 2759
supporting of the publicke Charge of the said Government, and for
the miituaall safety defense and security of y^'Countyes.
5. Item by act as af<5res^ to erect within y® said Countyes such soe
many Barony es and Manors with their necessary Courts, jurisdiccons
freedomes and priviledges as to them shall seeme convenient, as alsoe
to devide y® s^ Countyes into Hundreds Parishes Tribes or such other
denizons and districcons as they^ shall thinke fitt and the said Divi-
sions to distinguish by what names we shall order or direct, and in
default thereof by such names as they please As also within any part
of y® said Countyes to create and appoint such and soe many harbours
Creekes and other places for y^ convenient ladeing and unlading of
goods and merchandize out of shipps, boates and other vessells as
they shall see expedient with such jurisdiccons priveledges and
francheses to such ports &c belonging as they shall judge most con-
venient to the gen^ good of y® said plantacon or Countyes.
6. Item by these enacting to be confirmed as afores"^ to erect rayse
and build within the s** Countyes or any part thereof such and soe
many Forts Fortresses Castles Cittyes Corporacons Borroughs
Townes Villages and other places of strenkt and defence and them
or any of them to incorporate with such Charters and priveledges
as to them shall seeme good and our Charter will permit and the
same or any of them to fortifie and furnish w^ith such Proportions of
ordinance powder shott Armor and all other Weapons Ammunition
and Habillaments of warr both offensive and defensive as shalbe
thought necessary and convenient for the safety and welfare of y®
s^ Countyes, but th~ey may not at any time demolish dismantle or dis-
furnish the same without the consent of the Governor and the Major
parte of the Councill of the County where such Forts Fortresses &c.
shalbe erected and built.
7. Item by act as a fores'* to constitute trayne bands and Company s
with the number of souldiers for the safety strength and defence of
the said Countyes and Province and of the Forts Castles Cityes &c to
suppress all meutinyes and Rebellions. To make warr offensive and
defensive with all Indians Strangers and Foraigners as they shall see
cause and to persue any Enemy by sea as well as by land if need be
out of y® Lymitts and Jurisdiccons of y® s'' County with the perticcu-
ler consent of the Governor and under the Conduct of our Lent : Gen :
or Commander in Cheife or whome he shall appoint.
8. Item by act as afores** to give unto all strangers as to them shall
seeme meete a Naturalizion and all such freedomes and priveledges
within the s** Countyes as to his Maj"®^ subjects doe of right belong
they swearing or subscribing as afores^ w^^ said strangers soe natural-
lized and priveledged shall alsoe have the same Imunityes from Cus-
tomes as is granted by the Kinge to us and by us to y® said Countyes
and shall not be lyable to any other Customes then the rest of his
Maj"^^ subjects in the s^ Counties are but be in all respects accompted
in the Province and Countyes aforesaid as the King's naturall
subjects.
9. Item by act as afores^ to prescribe y® quantities of land which
shalbe from time to time alotted to eavery free or Sarv^ male or
female and to make and ordaine Rules for the casting of Lotts for
Land and leying out of y^ same provided y* these doe not their said
prescriptions exceed y® severall proportions which are hereby graunted
2760 North Carolina— 1665
by us to all persons arriveing in the said Countyes or adventuring
theither ;
10. Item the Gen" Assembly by act as afores^ shall make provision
for the maintenance and Support of the Governor and for the defray-
ing for all necessary Charges of the Government as alsoe that the
Cunstables of the respective Countyes shall collect the halfe penny
per acre payable to y^ Lords in theire Countyes and pay y^ same to
y® receavor y* y® Lords shall appoint to receave the same unless y®
s"* Generall Assembly shall prescribe some other way whereby the
Lords may have their rents duely collected w'^^'out charge or trouble to
them.
11. Lastly to enact constitute and ordaine all such other Lawes
actes and constitutions as shall or may be necessary for the good
prosperity and setlement of y® said Countyes excepting w^ by these
pesents are excepted and conformeing to Limitacons herein exprest,
The Governors are with the Councill before exprest :
1. Item to see that all Courts established by the Lawes of y®
Gen" Assembly and all Ministers and offices Civill or Military doe
and execute their severall dutyes and offices respectively according
to the Lawes in force and to punish them from swerveing from the
Lawes or acting contrary to their trust as the nature of their offence
shall require.
2. Item according to the constitutions of the Gen" Assembly to
nominate and comissionate the severall Judges, Members and Offi-
cers of Courts wheither Majistraticall or Ministeriall and all other
civill officers as Justices Coroners &c the Comissions and powders and
Privrledges to revoake at pleasure provided that they appoint none
but such as are freeholders in the Countyes afores*^ unless the Gen-
erall Assembly consent ;
3. Item according to the constitutions of the Gen" Assembly to
appoint Courts and officers in Cases Cryminall and to impower them
to inflict penaltyes upon offenders against any of y*^ said Lawes in
force in y® said Countyes as y® said Lawes shall ordaine wheither by
fine Imprisonment Banishm* corporall punishm*^ or to y® taking away
of member of or Life itselfe if there be cause for it.
4. Item to place officers and soldiers for the safety strenkt and
defence of the Forts Castles Cittyes &c according y^ number appointed
by the Gen" Assembly to nominate place and commissionate all mili-
tary officers under y® dignity of y® Lent : Gen" whoe is commissionated
by us, over the sev" trayned bands and Companys constituted by y®
Gen" Assembly as CoUonels Capts: &c and theire comissions to
revoake at pleasure, y® Lent: Gen: with the advise of his Councill
unless some present danger will soe permit him to advize to muster
and trayne all y® soldiers w^^in the said County of Countyes to prese-
cute warr persue an Enemy suppress rebePons and mewtinies as
well by sea as Land and to exercise the whole Millitia as fully as by
our Letters pattents from the kinge wee can impower him or them
to doe Provided y* they appoint noe Military officers but w*^ are free-
holders in the s*^ Countyes unless y® Gen" Assembly shall consent.
5. Item where they see cause after condemnacon to reprieve untill
the Case may be presented with a Coppy of y^ whole tryall proceed-
ings and proof es to y^ Lords who will accordingly eather pardon or
comand execution of y® sentence on the offender offender who is in y®
North Carolina— 1665 2761
meane time to be kept in safe custody till the pleasure of y® Lords be
knowne.
6. Item in case of death or other removall of any of the representa-
tives within the yeare to issue summons by writt to y® respective divi-
sion or divisions for which he or they were chosen comanding the
freeholders of y® same to chuse others in their steade ;
7. Item to make warrants and to seale Grants of Land according to
theis our Concessions and the prescriptions by y® advice of y® Gen^^
Assembly in such forme as shalbe at large set down in our Instrucons
to y® Governor in his Comission and which are hereafter expressed.
8. Item to act and doe all other thing or things y* may conduce to
y® safety peace and well Government of y® said Countyes as they shall
see fitt soe as they be not contrary to y® Lawes of y® Countyes afore-
said;
For the better security of the proprietyes of all the Inhabitants.
1. Item they are not to impose nor suffer to be imposed any tax Cus-
tome Subsidy Tallage Assessment or any other duty w^soever upon
any Culler or pretence upon y® s^ County or Countyes and the Inhab-
itants thereof other then what shalbe imposed by y® Authority and
consent of y® Generall Assembly and then only in manner as afore-
said;
2. They are to take care y® land quietly held planted and possessed
seaven yeares after its bing first duely surveyed by the Surveyor
Generall or his order shall not be subject to any review resurvey or
alteration of bounds on w' pretence soever or by any of us or an}^
ofiic'^^ or Ministers under us.
3. Item they are to be taken care y* noe man if his Catle straye
range or graze on any ground w*^in the s** Countyes not actually
appropryated or sett out to particuler persons shalbe lyable to pay
any trespass for y® same to us our heires &c Provided y'^ Custome of
Comons be not thereby pretended to; nor any person hindred from
taking up and appropriating any Lands soe grazed upon and y' noe
person purposely doe suffer his Catle to graze on such land.
4. It is our will and desire that y^ Inhabitants of the said Countyes
and adventurers theither shall enjoye all the same Immunityes from
Customes for exporting certine goods from these Realmes of Eng-
land &c theither as y® Kinge hath been graciously pleased to graunt
to us as alsoe for y^ Incorragement of the Manufact"^ of wine silke
oyle ollives fruite almonds &c. menconed in the pattent have prive-
ledge for bringing them Custome free into any or his Maj"^^ domin-
ions for y® same time and upon y® same tearmes as we ourselves may
by our Pattent.*
CHARTER OF CAROLINA— 1665 *
Charles the Second, by the grace of God, of Great Britain, France
and Ireland, King, Defender of the Faith, &c. WHEREAS, by our
Letters Patents, bearing date the twenty-fourth day of March, in the
* North Carolina Colonial Records, pp. 102-114.
o The remaining articles of the Concessions relate to the distribution of land,
land titles, etc.
2762 North Carolina— 1665
fifteenth year of our reign, We were graciously pleased to grant unto
our right trusty and right well-beloved Cousin and Counsellor Ed-
ward Earl of Clarendon, our High Chancellor of England ; our right
trusty and entirely beloved Cousin and Counsellor George Duke of
Albemarle, Master of our Horse; our right trusty and well-beloved
William now Earl of Craven; our right trusty and well-beloved
Counsellor John Lord Berkeley; our right trusty and well-beloved
Counsellor Anthony Lord Ashley, Chancellor of our Exchequer ; our
right trusty and well-beloved Counsellor Sir George Carteret, Knight
and Baronet, Vice-Chancellor of our Household ; our right trusty
and well-beloved Sir John Colleton, Knight and Baronet; and Sir
William Berkeley, Knight; all that province, territory, or tract of
ground, called Carolina, situate, lying and being within our dominions
of America ; extending from the north end of the island called Luke-
Island, which lieth in the Southern Virginia seas, and within thirty-
six degrees of north latitude; and to the west, as far as the South-
Seas; and so respectively as far as the river of Matthias, which
bordereth upon the coast of Florida, and within thirty-one degrees
of north latitude; and so west, in a direct line, as far as the South-
Seas aforesaid.
Now Know ye. That We, at the humble request of the said grantees,
in the aforesaid Letters Patents named, and as a further mark of our
especial favour to them, we are graciously pleased to enlarge our
said grant unto them, according to the bounds and limits hereafter
specified, and in favour to the pious and noble purpose of the said
Edward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkely, their heirs and
asigns, all that province, territory or tract of land, situate, lying and
being within our dominions of America aforesaid; extending north
and eastward, as far as the north end of Currituck river or inlet, upon
a strait westerly line to Wyonoak creek, which lies within or about
the degrees of thirty-six and thirty minutes, northern latitude ; and so
west, in a direct line, as far as the South-Seas; and south and west-
ward, as far as the degrees of twenty-nine, inclusive, of northern
latitude; and so west, in a direct line, as far as the South-Seas; to-
gether with all and singular the ports, harbours, bays, rivers and
inlets, belonging unto the province or territory aforesaid : And also,
all the soils, lands, fields, woods, mountains, ferms, lakes, rivers, bays
and islets, situate or being within the bounds or limits last before
mentioned; with the fishings of all sorts of fish, whales, sturgeons,
and all other royal fish, in the sea, bays, islets and rivers, within the
premises, and the fish therein taken, together with the royalty of the
sea upon the coast within the limits aforesaid; and moreover all
veins, mines and quarries, as well discovered as not discovered, of
gold, silver, gems and precious stones, metal, or any other thing,
found, or to be found, within the province, territory, islets and limits
aforesaid: And furthermore, the patronage and advowsons of all
the churches and chapels, which, as Christian religion shall increase
within the province, territory, isles, and limits aforesaid, shall happen
hereafter to be erected ; together with licence and power to build and
found' churches, chapels and oratories, in convenient and fit places,
within the said bounds and limits ; and to cause them to be dedicated
and consecrated, according to the ecclesiastical laws of our kingdom
Ncyrth Carolina— 1665 2763
of England; together with all and singular the like and as ample
rights, jurisdictions, privileges, prerogatives, royalties, liberties, im-
munities, and franchises of what kind soever, within the territory,
isles, islets and limits aforesaid: To have, hold, use, exercise, and
enjoy the same, as amply, fully and in as ample manner, as any
Bishop of Durham, in our kingdom of England, ever heretofore had,
held, used, or enjoyed, or of right ought or could have, use, or enjoy :
And them the said Edward Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkely, their heirs and assigns, we do, by these presents, for us, our
heirs and successors, make, create, and constitute, the true and abso-
lute Lords and Proprietors of the said province or tei'ritory, and of all
other the premises ; saving always the faith, allegiance, and sovereign
dominion, due to us, our heirs and successors, for the same : To hold,
possess, and enjoy the said province, territory, islets, and all and
singular other the premises, to them the said Edward Earl of Claren-
don, George Duke of Albemarle, AVilliam Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colle-
ton, and Sir William Berkeley, their heirs and assigns forever ; to be
holden of us, our heirs and successors, as of our manor of East-
Greenwich, in Kent, in free and common soccage, and not in capite,
or by Knight's service : Yielding and paying, yearly, to us, our heirs
and successors, for the same, the fourth part of all gold and silver
ore, which, within the limits hereby granted, shall, from time to time,
happen to be found, over and besides the yearly rent of twenty marks,
and the fourth part of the gold and silver ore, in and by the said
written Letters Patent reserved and payable.
AND that the province or territory hereby granted and described,
may be dignified with as large tythes and privileges, as any other
parts of our dominions and territories in that region; Know ye,
That we, of our further grace, certain knowledge, and mere motion,
have thought fit to annex the same tract of ground or territory unto
the same province of Carolina ; and out of the fullness of our royal
power and prerogative, we do, for us, our heirs and successors, annex
and unite the same to the said province of Carolina.
AND forasmuch as we have made and ordained the aforesaid
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley^ their
heirs, and assigns, the true Lords and Proprietors of all the province
or territory aforesaid ; Know ye therefore moreover. That we, repos-
ing especial trust and confidence in their fidelity, wisdom, justice,
and provident circumspection, for us, our heirs and successors, do
grant full and absolute power, by virtue of these presents, to them
the said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs and assigns, for the good and happy government of the
said whole province or territory, full power and authority, to erect,
constitute, and make several counties, baronnies, and colonies, of and
within the said provinces, territories, lands, and hereditaments. In
and by the said Letters Patent, granted, or mentioned to be granted,
as aforesaid, with several and distinct jurisdictions, powers, liberties,
2764 North Carolina— 1665
and privileges : And also, to ordain, make, and enact, and under their
seals, to publish any laws and constitutions whatsoever, either apper-
taining to the public state of the whole province or territory, or of
and distinct or particular county, baronny, or colony, or of or within
the same, or to the private utility of particular persons, according
to their best directions, by and with the advice, assent and approba-
tion, of the freemen of the said province or territory, or of the free-
men of the county, baronny, or colony, for which such law or con-
stitution shall be made, or the greater part of them, or of their dele-
gates or deputies, whom, for enacting of the said laws, when, and as
often as need shall require. We will, that the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkeley, and their heirs or
assigns, shall, from time to time, assemble in such manner and form
as to them shall seem best; and the same laws duly to execute, upon
all people within the said province or territory, county, baronny,
or colony, or the limits thereof, for the time being, which shall be
constituted, under the power, and government of them or any of
them, either sailing towards the said province, or territory of Caro-
lina, or returning from thence towards England, or any other of our,
or foreign dominions, by imposition of penalties, imprisonment, or any
other punishment; yea, if it shall be needful, and the quality of the
offence require it, by taking away member and life, either by them
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
and their heirs, or by them, or their Deputies, Lieutenants, Judges,
Justices, Magistrates, or officers, whatsoever, as well within the said
province, as at sea, in such manner and form as unto the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their
heirs, shall seem most convenient : And also, to remit, release, pardon,
and abolish, whether before judgment or after, all crimes and offences
whatsoever against the said laws ; and to do all and every thing and
things, which, unto the compleat establishment of justice, unto courts,
sessions, and forms of judicature, and manners of proceeding therein,
do belong, although in these presents express mention is not made
thereof; and by Judges to him or them delegated, to award process,
hold, pleas, and determine, in all the said courts and places of judi-
cature, all actions, suits, and causes whatsoever, as well criminal as
civil, real, mixt, personal, or of any other kind or nature whatsoever :
Which laws so as aforesaid to be published, our pleasure is, and we
do enjoin, require, and command, shall be absolutely firm and avail-
able in law ; and that all the liege people of us, our heirs and suc-
cessors, within the said province or territory, do observe and keep
the same inviolably in those parts, so far- as they concern them, under
the pains and penalties therein expressed, or to be expressed: Pro-
vided nevertheless^ That the said laws be consonant to reason, and as
near as may be conveniently, agreeable to the laws and customs of
this our realm of England.
AND because such assemblies of freeholders cannot be so suddenly
called as there may be occasion to require the same, we do therefore.
North Carolina— 1665 2765
by these presents, give and grant unto the said Edward Earl of Clar-
endon, George Duke of Albemarle, William Earl of Craven, John
Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John
Colleton, and Sir William Berkeley, their heirs and assigns, by them-
selves, or their magistrates, in that behalf lawfully authorised, full
power and authority, from time to time, to make and ordain fit and
wholesome orders and ordinances Avithin the province or territory
aforesaid, or any county, baronny, or province, within the same, to be
kept and observed, as well for the keeping of the peace, as for the
better government of the people there abiding, and to publish the same
to all to whom it may concern : Which ordinances we do, by these pres-
ents, straitly charge and command to be inviolably observed within
the same province, counties, territories, baronnies and provinces, under
the penalties therein expressed ; so as such ordinances be reasonable,
and not repugnant or contrary, but as near as may be, agreeable to
the laws and statutes of this our kingdom of England ; and so as the
same ordinances do not extend to the binding, charging, or taking
away the right or interest of any person or persons, in their freehold,
goods, or chattels, whatsoever.
AND to the end the said province or territory may be the more
happily increased, by the multitude people resorting thither, and
may likewise be the more strongly defended from the incursions of
savages, and other enemies, pirates and robbers ; therefore, we, for us,
our heirs and successors, do give and grant, by these presents, full
power, license and liberty, unto all the liege people of us, our heirs
and successors, in our kingdom of England, and' elsewhere, within
any other our dominions, islands, colonies, or plantations, (excepting
those who shall be especially forbidden) to transport themselves and
families into the said province or territory, with convenient shipping
and fitting provision; and there to settle themselves, dwell, and in-
habit : Any law, act, statute, ordinance, or other thing, to the contrary
notwithsanding.
AND we will also, and of our especial grace, for us, our heirs and
successors, do straitly enjoin, ordain, constitute, and command, that
the said province and territory shall be of our allegiance; and that
all and singular the subjects and liege people of us, our heirs and
successors, transported, or to be transported into the said province,
and the children of them, and such as shall descend from them there
born, or hereafter to be born be, and shall be denizens and lieges of
us, our heirs and successors, of this our kingdom of P^ngland, and be
in all things, held, treated, and reputed, as the liege faithful people
of us, our heirs and successors, born within this our said kingdom, or
any other of our dominions; and may inherit or otherwise purchase
and receive, take, hold, buy and possess, any lands, tenements, or
hereditaments, within the said places, and them may occupy and
enjoy, sell, alien, and bequeath; as likewise, all liberties, franchises,
and privileges, of this our kingdom, and of other our dominions
aforesaid, may freely and quietly have, possess, and enjoy, as our
liege people, born within the same, without the molestation, vexa-
tion, trouble, or grievance, of us, our heirs and successors: Any act,
statute, ordinance, or provision, to the contrary, notwithstanding.
AND furthermore, that our subjects of this our said kingdom of
England, and other our dominions, may be the rather encouraged to
undertake this expedition, with ready and chearful means; Know
2766 North Carolina— 1665
ye, That we, of our especial grace, certain knowledge, and mere
motion, do give and grant, by virtue of these presents, as well to the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, and
their heirs, as unto all others as shall, from time to time, repair unto
the said province or territory, with a purpose to inhabit there, or to
trade with the natives thereof; full liberty and licence, to lade and
freight, in every port whatsoever, of us, our heirs and successors, and
into the said province of Carolina, by them, their servants and as-
signs, to transport all and singular their goods, wares and merchan-
dises; as likewise all sorts of grain whatsoever, and any other thing
whatsoever, necessary for their food and clothing, not prohibited by
the laws and statutes of our kingdom and dominions, to be carried
out of the same, without any let or molestation of us, our heirs and
successors, or of any other our officers or ministers whatsoever; sav-
ing also unto us, our heirs and successors, the customs and other duties
and payments, due for the said wares and merchandises, according
to the several rates of the places from whence the same shall be
transported.
WE will also, and by these presents, for us, our heirs and succes-
sors, do give and grant licence by this our charter, unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, and their
heirs and assigns, and to all the inhabitants and dwellers in the prov-
ince or territory aforesaid, both present and to come, full power and
absolute authority, to import or unlade, by themselves or their serv-
ants, factors, or assigns, all merchandises and goods whatsoever that
shall arise of the fruits and commodities of the said province or ter-
ritory, either by land or sea, into any the ports of us, our heirs and
successors, in our kingdom of England, Scotland, or Ireland, or other-
wise to dispose of the said goods in the said ports; and, if need be,
within one year next after the unlading, to lade the said merchandises
and goods again into the same or other ships ; and to export the same
into any other countries, either of our dominions or foreign, being in
amity with us, our heirs and successors, so as they pay such customs,
subsidies and other duties, for the same, to us, our heirs and succes-
sors, as the rest of our subjects of this our kingdom, for the time
being, shall be bound to pay; beyond which, we will not, that the
inhabitants of the said province or territory, shall be any ways
charged : Provided nevertheless^ and our will and pleasure is, and we
have further, for the considerations aforesaid, of our especial grace,
certain knowledge, and mere motion, given and granted, and by these
presents, for us, our heirs and successors, do give and grant unto the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, full and free licence, power and authority, at any
time or times, from and after the Feast of St. Michael the Archangel,
which shall be in the year of our Lord Christ one thousand six hun-
dred and sixty-seven, as well to import and bring into any of our
dominions, from the said province of Carolina, or any part thereof,
the several goods herein after mentioned ; that is to say, silks, wines,
N(yrth Carolina— 1665 2767
raisins, capers, wax, almonds, oil, and olives, without paying or
answering to us, our heirs and successors, any custom, impost, or
other duty, for or in respect thereof, for and during the term and
space of seven years, to commence and be accounted from and after
the importation of four tons of any of the said goods, in any one
bottom, ship, or vessel, from the said i^rovince or territory, into any
of our dominions; as also, to export, and carry out of any of our
dominions, into the said province or territory, custom free, all sorts
of tools which shall be useful or necessary for the planters there, in
the accommodation and improvement of the premises: Any thing
before in these presents contained, or any law, act, statute, prohibi-
tion, or other matter or thing, heretofore had, made, enacted, or pro-
vided, in any wise notwithstanding.
AND furthermore, of our more ample and especial grace, certain
knowledge, and mere motion, we do, for us, our heirs and successors,
grant unto the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns, full and absolute power and author-
ity, to make, erect, and constitute, within the said province or territory,
and the isles and islets aforesaid, such and so many sea-ports, har-
bours, creeks, and other places, for discharge and unlading of goods
and merchandises, out of ships, boats and other vessels, and for lading
of them, in such and so many places, with such jurisdictions, privi-
leges and franchises, unto the said ports belonging, as to them shall
seem most expedient; and that all and singular the ships, boats and
other vessels, which shall come for merchandises and trade into the
said province or territory, or shall depart out of the same, shall be
laden and unladen at such ports only as shall be erected and consti-
tuted by the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns, and not elsewhere: Any use, cus-
tom, or thing, to the contrary notwithstanding.
AND we do further will, appoint, and ordain, and by these presents,
for us, our heirs, and successors, do grant unto the said Edward Earl
of Clarendon, George Duke of Albemarle, William Earl of Craven,
John liord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, and their heirs and assigns,
that they the said Edward Earl of Clarendon, George Duke of Albe-
marle, William Earl of Craven, John Lord Berkeley, Anthony Lord
Ashley, Sir George Carteret, Sir John Colleton, and Sir William
Berkeley, their heirs and assigns, may, from time to time, forever,
have and enjoy i\\h customs and subsidies, in the ports, harbours,
creeks, and other places within the province aforesaid, payable for the
goods, wares and merchandises there laded, or to be laded or unladed ;
the said customs to be reasonably assessed, upon any occasion, by
themselves, and by and with the consent of the free people, or the
greater part of them, as aforesaid ; to whom we give power, by these
presents, for us, our heirs and successors, upon just cause, and in due
proportion, to assess and impose the same.
AND further, of our especial grace, certain knowledge, and mere
motion, we have given, granted and confirmed, and by these presents,
for us, our heirs and successors, do give, grant and confirm, unto the
2768 North Carolina— 1665
said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, full and absolute power, licence and authority, that
they the said Edward Earl of Clarendon, George Duke of Albemarle,
William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs and assigns, from time to time hereafter, forever, at his
and their will and pleasure, may assign, alien, grant, demise, or
enfeoff, the premises, or any part or parcel thereof, to him or them
that shall be willing to purchase the same, and to such person and
persons as they shall think fit ; to have and to hold to them, the said
person or persons, their heirs and assigns, in fee-simple, or in fee-tail,
or for term of life or lives, or years; to be held of them the said
Edward Earl of Clarendon, George Duke of Albemarle, William Earl
of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and
assigns, by such rents, services and customs, as shall seem fit to them
the said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, and not of us, our heirs and successors : And to the
same person and persons, and to all and every of them, we do give and
grant, by these presents, for us, our heirs and successors, licence,
authority and power, that such person or persons may have and take
the premises, or any part thereof, of the said Edward Earl of Claren-
don, George Duke of Albemarle, William Earl of Craven, John Lord
Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colle-
ton, and Sir William Berkeley, their heirs and assigns ; and the same
to hold to themselves, their heirs and assigns, in what estate of inher-
itance soever, in fee-simple, or fee-tail, or otherwise, as to them the
said Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs or assigns, shall seem expedient; the statute in the Parliament
of Edward, son of King Henry, heretofore King of England, our
predecessor, commonly called the statute of quia emjytores terrarum^
or any other statute, act, ordinance, use, law, custom, or any other
matter, cause or thing, heretofore published or provided to the con-
trary, in any-wise notwithstanding.
AND because many persons, born and inhabiting in the said prov-
ince, for their deserts and services, may expect and be capable of
marks of honour and favour, which, in respect of the great distance,
cannot be conveniently conferred by us ; our will* and pleasure there-
fore is, and we do by these presents, give and grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, and
their heirs and assigns, full power and authority, to give and confer
unto and upon such of the inhabitants of the said province or terri-
tory, >s they shall think do or shall merit the same, such marks of
favour and titles of honour, as they shall think fit ; so as their titles
North Carolina— 1665 2769
of honours be not the same as are enjoyed by or conferred upon any
of the subjects of this our kingdom of England.
AND further also, we do, by these presents, for us, our heirs and
successors, give and grant licence to the said Edward Earl of Clar-
endon, George Duke of Albemarle, William Earl of Craven, John
Lord of Berkeley, Anthon}^ Lord Ashley, Sir George Carteret, Sir
John Colleton, and Sir William Berkeley, and their heirs and assigns,
full power, liberty and licence, to erect, raise and build, Avithin the
said province and places aforesaid, or any part or parts thereof, such
and so many forts, fortresses, castles, cities, boroughs, towns, villages,
and other fortifications whatsoever ; and the same, or any of them, to
fortify and furnish with ordnance, powder, shot, armour, and all
other weapons, ammunition, and habiliments of war, both defensive
and offensive, as shall be thought fit and convenient, for the safety
and welfare of the said province and places, or any part thereof; and
the same, or any of them, from time to time, as occasion shall require,
to dismantle, disf urnish, demolish and pull down : And also to place,
constitute and appoint, in or over all or any of the said castles, forts,
fortifications, cities, towns, and places aforesaid. Governors, Deputy-
Governors, Magistrates, Sheriffs, and other officers, civil and military,
as to them shall seem meet : And to the said cities, boroughs, towns,
villages, or any other place or places, within the said province or terri-
tory, to grant letters or charters of incorporation, with all liberties,
franchises, and privileges, requisite or usual, or to or within this our
kingdom of England granted or belonging; and in the same cities,
boroughs, towns, and other places, to constitute, erect and appoint
such and so many markets, marts, and fairs, as shall, in that behalf,
be thought fit and necessary : And further also, to erect and make in
the province or territory aforesaid, or any part thereof, so many
manors, with such signories as to them shall seem meet and conven-
ient; and in every of the same manors to have and to hold a Court-
Baron, with all things whatsoever which to a Court-Baron do belong ;
and to have and to hold views of Frank-Pledge and Court-Leets, for
the conservation of the peace and better government of those parts,
with such limits, jurisdictions and precincts, as by the said Edward
Earl of Clarendon, George Duke of Albemarle, William Earl of
Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George
Carteret, Sir John Colleton, and Sir William Berkeley, or their heirs,
shall be appointed for that purpose, with all things whatsoever which
to a Court-Leet, or view of Frank-Pledge, do belong ; the same courts
to be holden by stewards, to be deputed and authorized by the said
Edward Earl of Clarendon, George Duke of Albemarle, AVilliam
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, or
their heirs, by the Lords of the manors and leets, for the time being,
when the same shall be erected.
AND because that in so remote a country, and situate among so
many barbarous nations, the invasions of savages and other enemies,
pirates and robbers, may probably be feared; therefore, we have
given, and for us, our heirs and successors, do give power by these
presents, unto the said EdAvard Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony
2770 North Carolina— 1665
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir Wil-
liam Berkeley, their heirs or assigns, by themselves, or their Captains,
or other officers, to levy, muster, and train up all sorts of men, of what
condition soever, or wheresoever born, whether in the said province,
or elsewhere, for the time being; and to make war, and pursue the
enemies aforesaid, as well by sea, as by land; yea, even without the
limits of the said province, and, by God's assistance, to vanquish,
and take them ; and being taken, to put them to death, by the law of
war, and to save them at their pleasure, and to do all and every other
thing, which to the charge and office of a Captain-General of an
army, hath had the same.
ALSO, our will and pleasure is, and by this our charter, we do
give and grant unto the said Edward Earl of Clarendon, George
Duke of Albemarle, William Earl of Craven, John Lord Berkeley,
Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and
Sir William Berkeley, their heirs and assigns, full power, liberty,
and authority, in case of rebellion, tumult, or sedition, (if any should
happen, which God forbid) either upon the land within the province
aforesaid, or upon the main sea, in making a voyage thither, or
returning from thence, by him and themselves, their Captains, Depu-
ties, or officers, to be authorised under his or their seals, for that
purpose; to whom also, for us, our heirs and successors, we do give
and grant, by these presents, full power and authority, to exer-
cise martial law against any mutinous and seditious persons of these
parts ; such as shall refuse to submit themselves to their government,
or shall refuse to serve in the war, or shall fly to the enem}^, or for-
sake their colours or ensigns, or be loiterers, or stragglers, or otherwise
offending against law, custom, or military discipline; as freely and
in as ample manner and form, as any Captain-General of an army,
by virtue of his office, might or hath accustomed to use the same.
AND our further pleasure is, and by these presents, for us, our
heirs and successors, we do grant unto the said Edward Earl of
Clarendon, George Duke of Albemarle, William Earl of Craven,
John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret,
Sir John Colleton, and Sir William Berkely, their heirs and assigns,
and to the tenants and inhabitants of the said province or territory,
both present and to come, and to every of them, that the said prov-
ince or territory, and the tenants and inhabitants thereof, shall not,
from henceforth, be held or reputed any member or part of any
colony whatsoever in America, or elsewhere, now transported or
made, or hereafter to be transported or made ; nor shall be depending
on, or subject to their government in any thing, but be absolutely
separated and divided from the same ; and our pleasure is, by these
presents, that they be separated, and that they be subject imme-
diately to our Crowm of England, as depending thereof, forever:
And that the inhabitants of the said province or territory, nor any of
them, shall, at any time hereafter, be compelled, or compellable, or
be any ways subject or liable to appear or answer to any matter, suit,
cause or plaint whatsoever, out of the province or territory aforesaid,
in any other of our islands, colonies, or dominions in America, or
elsewhere, other than in our realm of England, and dominion of
Wales.
North Carolina— 1665 2771
AND because it may happen that some of the people and inhab-
itants of the said province cannot, in their private opinions, conform
to the public exercise of religion according to the liturgy, forms, and
ceremonies of the Church of England, or take and subscribe the oaths
and articles made and established in that behalf; and for that the
same, by reason of the remote distances of those places, will, as we
hope, be no breach of the unity and conformity established in this
nation ; our will and pleasure therefore is, and we do, by these pres-
ents, for us, our heirs and successors, give and grant unto the said
Edward Earl of Clarendon, George Duke of Albemarle, William
Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir
George Carteret, Sir John Colleton, and Sir William Berkeley, their
heirs and assigns, full and free licence, liberty, and authority, by such
ways and means as they shall think fit, to give and grant unto such
person and persons, inhabiting and being within -the said province
or territory, hereby, or by the said recited Letters Patents men-
tioned to be granted as aforesaid, or any part thereof, such indul-
gences and dispensations, in that behalf, for and during such time
and times, and with such limitations and restrictions, as they the
said Edward Earl of Clarendon, George Duke of Albemarle, Wil-
liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley,
Sir George Carteret, Sir John Colleton, and Sir William Berkeley,
their heirs or assigns, shall, in their discretion, think fit and reason-
able : And that no person or persons unto whom such liberty shall be
given, shall be any way molested, punished, disquieted, or called in
question, for any differences in opinion, or practice in matters of
religious concernments, who do not actually disturb the civil peace of
the province, county or colony, that they shall make their abode in:
But all and every such person and persons may, from time to time,
and at all times, freely and quietly have and enjoy his and their
judgments and consciences, in matters of religion, throughout all the
said province or colony, they behaving themselves peaceably, and
not using this libertv to licentiousness, nor to the civil injury, or out-
ward disturbance or others : Any law, statute, or clause, contained or
to be contained, usage or custom of our realm of England, to the con-
trary hereof, in any-wise, notwithstanding.
AND in case it shall happen, that any doubts or questions shall
arise, concerning the true sense and understanding of any word,
clause, or sentence contained in this our present charter; we will,
ordain, and command, that in all times, and in all things, such inter-
pretations be made thereof, and allowed in all and every of our courts
whatsoever, as lawfully may be adjudged most advantageous and
favourable to the said Edward Earl of Clarendon, George Duke of
Albemarle, William Earl of Craven, John Lord Berkeley, Anthony
Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir Wil-
liam Berkeley, their heirs and assigns, although express mention, &c.
WITNESS Ourself, at Westminster, the thirtieth day of June, in
the seventeenth year of our reign.
Per ipsum Regem.
7254— VOL 5—09 16
2772 North Carolina— 1669
THE FUNDAMENTAL CONSTITUTIONS OF CAROLINA— 1669 * «
Our sovereign lord the King having, out of his royal grace and
bounty, granted unto us the province of Carolina, with all the royal-
ties, properties, jurisdictions, and privileges of a county palatine, as
large and ample as the county palatine of Durham, with other great
privileges; for the better settlement of the government of the said
place, and establishing the interest of the lords proprietors with
equality and without confusion; and that the government of this
province may be made most agreeable to the monarchy under Avhich
we live and of which this province is a part ; and that we may avoid
erecting a numerous democracy, we, the lords and proprietors of the
province aforesaid, have agreed to this following form of govern-
ment, to be perpetually established amongst us, unto which we do
oblige ourselves, our heirs and successors, in the most binding ways
that can be devised.
One. The eldest of the lords proprietors shall be palatine; and,
upon the decease of the j)alatine, the eldest of the seven surviving
proprietors shall always succeed him.
Two. There shall be seven other chief offices erected, viz : the ad-
mirals, chamberlains, chancellors, constables, chief justices, high stew-
ards, and treasurers; which places shall be enjoyed by none but the
lords proprietors, to be assigned at first by lot ; and, upon the vacancy
of any one of the seven great offices, by death or otherwise, the eldest
proprietor shall have his choice of the said place.
Three. The whole province shall be divided into counties; each
county shall consist of eight signiories, eight baronies, and four pre-
cincts ; each precinct shall consist of six colonies.
Four. Each signiory, barony, and colony shall consist of twelve
thousand acres ; the eight signiories being the share of the eight pro-
prietors, and the eight baronies of the nobility; both which shares,
being each of them one-fifth of the whole, are to be perpetually
annexed, the one to the proprietors, the other to the hereditary no-
bility, leaving the colonies, being three-fifths, amongst the people ; so
that in setting out and planting the lands, the balance of the govern-
ment may be preserved.
Five. At any time before the year one thousand seven hundred and
one, any of the lords proprietors shall have power to relinquish,
alienate, and dispose to any other person his proprietorship, and all
the signiories, powers, and interest thereunto belonging, wholly and
entirely together, and not otherwise. But after the year one thou-
sand seven hundred, those who are then lords proprietors shall not
have power to alienate or make over their proprietorship, with the
signiories and privileges thereunto belonging, or any part thereof, to
any person whatsoever, otherwise than in section eighteen ; but it shall
all descend unto their heirs male, and for want of heirs male, it shall
all descend on that landgrave or cazique of Carolina who is descended
♦North Carolina Colonial Records, 187-20.5. Locke's Works, [Eighth Edi-
tion] X. 175.
o This form of government was framed by John Locke, author of the Essay on
the Human Understanding, and amended by the Earl of Shaftesbury, previously
known as Anthony Ashley Cooper. It was only partially put into operation,
and it was abrogated by the lords proprietors in April, 1693.
Ncyrth Carolina— 1669 2773
of the next heirs female of the proprietor; and, fo'' want of such
heirs, it shall descend on the next heir general; and, for want of such
heirs, the remaining seven proprietors shall, upon the vacancy, choose
a landgrave to succeed the deceased proprietors, w^ho, being chosen
by the majority of the seven surviving proprietors, he and his heirs,
successively shall be proprietors, as fully to all intents and purposes as
any of the rest.
Six. That the number of eight proprietors may be constantly kept,
if, upon the vacancy of any proprietorship, the seven surviving pro-
prietors shall not choose a landgrave to be a proprietor before the
second bieimial parliament after the vacancy, then the next biennial
parliament but one, after such vacancy, shall have power to choose
any landgrave to be a proprietor.
Seven. Whosoever, after the year one thousand seven hundred,
either by inheritance or choice, shall succeed any proprietor in his
proprietorship, and signories thereunto belonging, shall be obliged to
take the name and arms of that proprietor whom he succeeds; which
from thenceforth shall be the name and arms of his family and their
posterity.
Eight. 'NYhatsoever landgrave or cazique shall any way come to be
a proprietor, shall take the signiories annexed to the said proprietor-
ship ; but his former dignity, with the baronies annexed, shall devolve
into the hands of the lords proprietors.
Nine. There shall be just as many landgraves as there are counties,
and twice as many caziques, and no more. These shall be the heredi-
tary nobility of the province, and by right of their dignity be mem-
bers of parliament. Each landgrave shall have four baronies, and
each cazique two baronies, hereditarily and unalterably annexed to
and settled upon the said dignity.
Ten. The first landgrave and caziques of the twelve first counties
to be planted shall be nominated thus, that is to say: of the twelve
landgraves, the lords proprietors shall each of them, separately for
liimself, nominate and choose one; and the remaining four land-
graves of the first twelve shall be nominated and chosen by the pala-
tine's court. In like manner, of the twenty-four first caziques, each
proprietor for himself shall nominate and choose two, and the re-
maining eight shall be nominated and chosen by the palatine's court;
and when the twelve first counties shall be planted, the lords proprie-
tors shall again in the same manner nominate and choose twelve
more landgraves and twenty-four more caziques, for the next twelve
counties to be planted ; that is to say, two-thirds of each number by
the single nomination of each proprietor for himself, and the remain-
ing third by the joint election of the palatine's court, and so proceed
in the same manner till the whole province of Carolina be set out and
planted, according to the proportions in these fundamental constitu-
tions.
Eleven. Any landgrave or cazique, at any time before the year one
thousand seven hundred and one, shall have power to alienate, sell,
or make over, to any other person, his dignity, with the baronies
thereunto belonging, all entirely together. But after the year one
thousand seven hundred, no landgrave or cazique shall have power to
alienate, sell, make over, or let the hereditary baronies of his dignity,
or any part thereof, otherwise than as in section eighteen; but they
shall all entirely, with the dignity thereunto belonging, descend unto
2774 North Carolina— 1669
his heirs male ; and for want of heirs male, all entirely and undivided
to the next heir general; and for want of such heirs, shall devolve
into the hands of the lords proprietors.
Twelve. That the due number of landgraves and caziques may be
always kept up, if, upon the devolution of any landgraveship oi*
caziqueship, the palatine's court shall not settle the devolved dignity,
with the baronies thereunto annexed, before the second biennial par-
liament after such devolution, the next biennial parliament but one
after such devolution shall have power to make any one landgrave or
cazique in the room of him who dying without heirs, his dignity and
baronies devolved.
Thirteen. No one person shall have more than one dignity, with the
signiories or baronies thereunto belonging. But whensoever it shall
happen that any one who is already proprietor, landgrave, or cazique
shall have any of these dignities descend to him by inheritance, it
shall be at his choice to keep which of the dignities, with the lands
annexed, he shall like best; but shall leave the other, with the lands
annexed, to be enjoyed by him who, not being his heir apparent and
certain successor to his present dignity, is next of blood.
Fourteen. Whosoever, by right of inheritance, shall come to be
landgrave or cazique, shall take the name and arms of his predecessor
in that dignity, to be from thenceforth the name and arms of his
family and their posterity.
Fifteen. Since the dignity of proprietor, landgrave, or cazique can-
not be divided, and the signiories or baronies thereunto annexed must
forever all entirely descend with and accompany that dignity, when-
soever, for want of heirs male, it shall descend on the issue female,
the eldest daughter and her heirs shall be preferred, and in the inher-
itance of those dignities, and in the signiories or baronies annexed,
there shall be no coheirs.
Sixteen. In every signiory, barony, and manor, the respective lord
shall have power, in his own name, to hold court-leet there, for try-
ing of all causes, both civil and criminal ; but where it shall concern
any person being no inhabitant, vassal, or leet-man of the said sign-
iory, barony, or manor, he, upon paying down of forty shillings to
the lords proprietors' use, shall have an appeal from the signiory or
barony court to the county court, and from the manor court to the
precinct court.
Seventeen. Every manor shall consist of not less than three thou-
sand acres, and not above twelve thousand acres, in one entire piece
and colony, but any three thousand acres or more in one piece, and
the possession of one man, shall not be a manor, unless it be consti-
tuted a manor by the grant of the palatine's court.
Eighteen. The lords of signiories and baronies shall have power
only of granting estates not exceeding three lives, or twenty-one
years, in two-thirds of said signiories or baronies, and the remaining
third shall be always demesne.
Nineteen. Any lord of a manor may alienate, sell, or dispose to any
other person and his heirs forever, his manor, all entirely together,
with all the privileges and leet-men thereunto belonging, so far forth
as any colony lands; but no grant of any part thereof, either in fee,
or for any longer term than three lives, or one-and-twenty years, shall
stand good against the next heir.
Ncrrth Carolina— 1669 2775
Twenty. No manor, for want of issue male, shall be divided
amongst coheirs ; but the manor, if there be but one, shall all entirely
descend to the eldest daughter and her heirs. If there be more
minors than one, the eldest daughter first shall have her choice, the
second next, and so on, beginning again at the eldest, until all the
manors be taken up; that so the privileges which belong to manors
being indivisible, the lands of the manors, to which they are annexed,
may be kept entire and the manor not lose those privileges which,
upon parcelling out to several owners, must necessarily cease.
Twenty-one. Every lord of a manor, within his own manor, shall
have all the rights, powers, jurisdictions, and privileges which a land-
grave or cazique hath in his baronies.
Twenty-two. In every signiory, barony, and manor, all the leet-men
shall be under the jurisdiction of the respective lords of the said
signiory, barony, or manor, without appeal from him. Nor shall
any leet-man or leet- woman have liberty to go off from the land of
their particular lord and live anywhere else, without license obtained
from their said lord, under hand and seal.
Twenty-three. All the children of leet-men shall be leet-men, and
so to all generations.
Twenty-four. No man shall be capable of having a court-leet or
leet-men but a proprietor, landgrave, cazique, or lord of a manor.
Twenty-five. Whoever shall voluntarily enter himself a leet-man
in the registry of the county court, shall be a leet-man.
Twenty-six. Whoever is lord of leet-men, shall, upon the marriage
of a leet-man or leet-woman of his, give them ten acres of land for
their lives; they paying to him therefor not more than one-eighth
part of all the yearly produce and growth of the said ten acres.
Twenty-seven. No landgrave or cazique shall be tried for any
criminal cause in any but the chief justice's court, and that by a jury
of his peers.
Twenty-eight. There shall be eight supreme courts. The first
called the palatine's court, consisting of the palatine and the other
seven proprietors. The other seven courts of the other seven great
officers, shall consist each of them of a proprietor, and six councillors
added to him. Under each of these latter seven courts shall be a col-
lege of twelve assistants. The twelve assistants of the several col-
leges shall be chosen, two out of the landgraves, caziques, or eldest
sons of the proprietors, by the palatine's court ; two out of the land-
graves by the landgraves' chamber; two out of the caziques by the
caziques' chamber; four more of the twelve shall be chosen by the
commons' chamber, out of such as have been or are members of par-
liament, sheriffs, or justices of the county court, or the younger sons
of proprietors, or the eldest sons of landgraves or caziques; the two
others shall be chosen by the palatine's court, out of the same sort of
persons out of which the commons' chamber is to choose.
Twenty-nine. Out of these colleges shall be chosen at first, b}^ the
palatine's court, six councillors, to be joined with each proprietor in
his court ; of which six one shall be of those who were chosen into any
of the colleges by the palatine's court, out of the landgraves, caziques,
or eldest sons of proprietors ; one out of those who were chosen by the
landgraves' chamber; one out of those who were chosen by the
caziques' chamber ; two out of those who were chosen by the commons'
2776 North Carolina— 1669
chamber; and one out oi those who were chosen by the palatine's
court, out of the proprietors' younger sons, or eldest sons of land-
graves, caziques, or commons, qualified as aforesaid.
Thirty. When it shall happen that any councillor dies, and thereby
there is a vacancy, the grand council shall have power to remove any
councillor that is willing to be removed out of any of the proprietors'
courts, to fill up the vacancy ; provided they take a man of the same
degree and choice the other w^as of, whose place is to be filled up.
But if no councillor consent to be removed, or upon such remove, the
last remaining vacant place, in any of the proprietors' courts, shall
be filled up by the choice of the grand council, who shall have power
to remove out of any of the colleges any assistant, w^ho is of the same
degree and choice that that councillor was of into whose vacant place
he is to succeed. The grand council also have power to remove any
assistant, that is willing, out of one college into another, provided he
be of the same degree and choice. But the last remaining vacant
place in any college shall be filled up by the same choice, and out of
the same degree of persons the assistant was of who is dead or
removed. No place shall be vacant in any proprietor's court above
six months. No place shall be vacant in any college longer than the
next session of parliament.
Thirty-one. No man, being a member of the grand council, or of
any of the seven colleges, shall be turned out but for misdemeanor, of
which the grand council shall be judge; and the vacancy of the per-
son so put out shall be filled, not by the election of the grand council,
but by those who first chose him, and out of the same degree he was
of who is expelled. But it is not hereby to be understood that the
grand council hath any power to turn out any one of the lords pro-
prietors or their deputies, the lords proprietors having in themselves
an inherent original right.
Thirty-two. All elections in the parliament, in the several cham-
bers of the parliament, and in the grand council, shall be passed by
balloting.
Thirty-three. The palatine's court shall consist of the palatine and
seven proprietors, wherein nothing shall be acted without the pres-
ence and consent of the palatine or his deputy, and three other of
the proprietors or their deputies. This court shall have power to
call parliaments, to pardon all offences, to make elections of all offi-
cers in the proprietor's dispose, and to nominate and appoint port
towns ; and also shall have power by their order to the treasurer to
dispose of all public treasure, excepting money granted by the par-
liament, and by them directed to some particular public use; and
also shall have a negative upon all acts, orders, votes, and judg-
ments of the grand council and the parliament, except only as in sec-
tions six and twelve; and shall have all the powers granted to the
lords proprietors, by their patent from our sovereign lord the
King, except in such things as are limited by these fundamental
constitutions.
Thirty-four. The palatine himself, when he in person shall be
either in the army or any of the proprietors' courts, shall then have
the power of general, or of that proprietor in whose court he is then
present, and the proprietor, in whose court the palatine then pre-
sides, shall, during his presence there, be but as one of the council.
Ncyrth Carolina— 1669 2777
Thirty-five. The councillor's court, consisting of one of the pro-
prietors, and his six councillors, who shall be called vice-chancellors,
shall have the custody of the seal of the palatine, under which
charters of lands, or otherwise, commissions and grants of the pala-
tine's court shall pass. And it shall not be lawful to put the seal
of the palatinate to any writing which is not signed by the palatine
or his deputy and three other proprietors or their deputies. To this
court also belong all state matters, despatches, and treaties with the
neighbor Indians. To this court also belong all invasions of the law,
of liberty of conscience, and all invasions of the public peace, upon
pretence of religion, as also the license of printing. The twelve assist-
ants belonging to this court shall be called recorders.
Thirty-six. Whatever passes under the seal of the palatinate, shall
be registered in the proprietor's court to which the matter therein
contained belongs.
Thirty-seven. The chancellor or his deputy shall be always speaker
in parliament, and president of the grand council, and, in his and
his deputy's absence, one of the vice-chancellors.
Thirty -eight. The chief justice's court, consisting of one of the
proprietors and his six councillors, who shall be called justices of
the bench, shall judge all appeals in cases both civil and criminal,
except all such cases as shall be under the jurisdiction and cognizance
of any other of the proprietor's courts, which shall be tried in those
courts respectively. The government and regulation of registries
of writings and contracts shall belong to the jurisdiction of this
court. The twelve assistants of this court shall be called masters.
Thirty-nine. The constable's court, consisting of one of the pro-
prietors and his six councillors, who shall be called marshals, shall
order and determine of all military affairs by land, and all land-
forces, arms, ammunition, artillery, garrisons, forts, &c., and w^hat-
ever belongs unto war. His twelve assistants shall be called lieu-
tenant-generals.
Forty. In time of actual war the constable, while he is in the army,
shall be general of the army, and the six councillors, or such of them
as the palatine's court shall for that time or service appoint, shall be
the immediate great officers under him, and the lieutenant-generals
next to them.
Forty-one. The admiral's court, consisting of one of the proprietors
and his six councillors, called consuls, shall have the care and inspec-
tion over all ports, moles, and navigable rivers, so far as the tide
flows, and also all the public shipping of Carolina, and stores there-
unto belonging, and all maritime affairs. This court also shall have
the power of the court of admiralty ; and shall have power to consti-
tute judges in port-towns to try cases belonging to law-merchant, as
shall be most convenient for trade. The twelve assistants belonging
to this court shall be called proconsuls.
Forty-two. In time of actual war, the admiral, whilst he is at sea,
shall command in chief, and his six councillors, or such of them as the
palatine's court shall for that time or service appoint, shall be the
immediate great officers under him, and the proconsuls next to them.
Forty-three. The treasurer's court, consisting of a proprietor and
his six councillors, called under-treasurers, shall take care of all
matters that concern the public revenue and treasury. The twelve
assistants shall be called auditors.
2778 North Carolina— 1669
Forty- four. The high steward's court, consisting of a proprietor
and his six councillors, called comptrollers, shall have the care of all
foreign and domestic trade, manufactures, public buildings, work-
houses, highways, passages by water above the flood of the tide,
drains, sewers, and banks against inundation, bridges, posts, carriers,
fairs, markets, corruption or infection of the common air or water,
and all things in order to the public commerce and health; also set-
ting out and surveying of lands ; and also setting out and appointing
places for towns to be built on in the precincts, and the prescribing
and determining the figure and bigness of the said towns, according
to such models as the said court shall order; contrary or differing
from which models it shall not be lawful for any one to build in any
town. This court shall have power also to make any public building,
or any new highway, or enlarge any old highway, upon any man's
land whatsoever; as also to make cuts, channels, banks, locks, and
bridges, for making rivers navigable, or for draining fens, or any
other public use. The damage the owner of such lands (on or
through which any such public things shall be made) shall receive
thereby shall be valued, and satisfaction made by such ways as the
grand council shall appoint. The twelve assistants belonging to this
court shall be called surveyors.
Forty-five. The chamberlain's court, consisting of a proprietor and
six councillors, called vice-chamberlains, shall have the care of all
ceremonies, precedency, heraldry, reception of public messengers,
pedigrees, the registry of all births, burials, and marriages, legitima-
tion, and all cases concerning matrimony, or arising from it; and
shall also have power to regulate all fashions, habits, badges, games,
and sports. To this court it shall also belong to convocate the grand
council. The twelve assistants belonging to this court shall be called
provosts.
Forty-six. All causes belonging to or under the jurisdiction of any
of the proprietors' courts, shall in them respectively be tried, and
ultimately determined, without any further appeal.
Forty-seven. The proprietors' courts have a power to mitigate all
fines and suspend all execution in criminal causes, either before or
after sentence, in any of the other inferior courts respectively.
Forty-eight. In all debates, hearings, or trials, in any of the pro-
prietors' courts, the twelve assistants belonging to the said courts,
respectively, shall have liberty to be present, but shall not interpose,
unless their opinions be required, nor have any vote at all ; but their
business shall be, by the direction of the respective courts, to prepare
such business as shall be committed to them ; as also to bear such
offices, and despatch such affairs, either where the court is kept or
elsewhere, as the court shall think fit.
Forty-nine. In all the proprietors' courts, the proprietor, and any
three of his councillors, shall make a quorum: Provided, always,
That for the better despatch of business, it shall be in the power of
the palatine's court to direct what sort of causes shall be heard and
determined by a quorum of any three.
Fifty. The grand council shall consist of the palatine and seven
proprietors, and the forty-two councillors of the several proprietors'
courts,' who shall have power to determine any controversy that may
arise between any of the proprietors' courts, about their respective
jurisdictions, or between the members of the same court, about their
North Carolina— 1669 2779
manner and methods of proceedings ; to make peace and war, leagues,
treaties, &c., with any of the neighbor Indians; to issue out their
general orders to the constable's and admiral's courts, for the raising,
disposing, or disbanding the forces, by land or by sea.
Fifty-one. The grand council shall prepare all matters to be pro-
posed in parliament. Nor shall any matter whatsoever be proposed
in parliament, but what has first passed the grand council; which,
after having been read three several days in the parliament, shall by
majority of votes be passed or rejected.
Fifty-two. The grand council shall always be judges of all causes
and appeals that concern the palatine, or any of the lords proprietors,
or any councillor of any proprietor's court, in any cause, which should
otherwise have been tried in the court of which the said councillor is
judge himself.
Fifty-three. The grand council, by their warrants to the treasurer's
court, shall dispose of all the money given by the parliament, and by
them directed to any particular public use.
Fifty-four. The quorum of the grand council shall be thirteen,
whereof a proprietor or his deputy shall be always one.
Fifty-five. The grand council shall meet the first Tuesday in every
month, and as much of tener as either they shall think fit, or they shall
be convocated by the chamberlain's court.
Fifty-six. The palatine, or any of the lords proprietors, shall have
power, under hand and seal, to be registered in the grand council, to
make a deputy, w^ho shall have the same power to all intents and pur-
poses as he himself who deputes him; except in confirming acts of
parliament, as in section seventy-six, and except also in nominating
and choosing landgraves and caziques, as in section ten. All such
deputations shall cease and determine at the end of four years, and at
any time shall be revocable at the pleasure of the deputator.
Fifty-seven. No deputy of any proprietor shall have any power
whilst the deputator is in any part of Carolina, except the proprietor
whose deputy he is be a minor.
Fifty-eight. During the minority of any proprietor, his guardian
shall have power to constitute and appoint his deputy.
Fifty-nine. The eldest of the lords proprietors, who shall be per-
sonally in Carolina, shall of course be the palatine's deputy, and if no
proprietor be in Carolina, he shall choose his deputy out of the heirs
apparent of any of the proprietors, if any such be there ; and if there
be no heir apparent of any of the lords proprietors above one-and-
twenty years old in Carolina, then he shall choose for deputy any one
of the landgraves of the grand council; till he have by deputation
under hand and seal chosen any one of the forementioned heirs ap-
parent or landgraves to be his deputy, the eldest man of the land-
graves, and, for want of a landgrave, the eldest man of the caziques,
who shall be personally in Carolina, shall of course be his deputy.
Sixty. Each proprietor's deputy shall be always one of his six
councillors, respectively ; and in case any of the proprietors hath not,
in his absence out of Carolina, a deputy, commissioned under his hand
and seal, the eldest nobleman of his court shall of course be his
deputy.
Sixtj^-one. In every county there shall be a court, consisting of a
sheriff, and four justices of the county, for every precinct one. The
sheriff shall be an inhabitant of the county, and have at least five
2780 North Carolina— 1669
hundred acres of freehold within the said county; and the justices
shall be inhabitants, and have each of them five hundred acres apiece
freehold within the precinct for which they serve respectively. These
five shall be chosen from time to time and commissioned by the pala-
tine's court.
Sixty-tw^o. For any personal causes exceeding the value of two hun-
dred pounds sterling, or in title of land, or in any criminal cause,
either party upon paying twenty pounds sterling to the lords pro-
prietors' use, shall have liberty of appeal from the county court unto
the respective proprietor's court.
Sixty-three. In every precinct there shall be a court, consisting of
a steward and four justices of the precinct, being inhabitants and
having three hundred acres of freehold within the said precinct,
who shall judge all criminal causes; except for treason, murder, and
any other offences punishable w4th death, and except all criminal
causes of the nobility; and shall judge also all civil causes whatso-
ever; and in all personal actions not exceeding fifty pounds sterling,
without appeal; but where the cause shall exceed that value, or
concern a title of land, and in all criminal causes, there either party,
upon paying five pounds sterling to the lords proprietors' use, shall
have liberty of appeal to the county court.
Sixty-four. No cause shall be twice tried in any one court, upon
any reason or pretence whatsoever.
Sixty-five. For treason, murder, and all other • offences punishable
with death, there shall be a commission, twice a year at least, granted
unto one or more members of the grand council or colleges; who
shall come as itinerant judges to the several counties, and with the
sheriff and four justices shall hold assizes to judge all such causes;
but, upon paying of fifty pounds sterling to the lords proprietors' use,
there shall be liberty of appeal to the respective proprietor's court.
Sixty-six. The grand jury at the several assizes shall, upon their
oaths, and under their hands and seals, deliver in to their itinerant
judges a presentment of such grievances, misdemeanors, exigencies,
or defects, which they think necessary for the public good of the
country; wJiich presentments shall, by the itinerant judges, at the
end of their circuit, be delivered in to the grand council at their next
sitting. And w^hatsoever therein concerns the execution of law^s
already made, the several proprietors' courts, in the matters belong-
ing to each of them, respectively, shall take cognizance of it, and
give such order about it as shall be effectual for the due execution
of the laws. But whatever concerns the making of any new law,
shall be referred to the several respective courts to w^hich that matter
belongs, and be by them prepared and brought to the grand council.
Sixty-seven. For terms, there shall be quarterly such a certain
number of days, not exceeding one-and-twenty at any one time, as
the several respective courts shall appoint. The time for the begin-
ning of the term, in the precinct court, shall be the first Monda}^
in January, April, July, and October; in the county court, the first
Monday in February, May, August, and November; and in the
proprietors' courts the first Monday in March, June, September, and
December.
Sixty-eight. In the precinct court no man shall be a juryman
under fifty acres of freehold. In the county court, or at the assizes,
no man shall be a grand- juryman under three hundred acres of
North Carolina— 1669 2781
freehold; and no man shall be a petty- juryman under two hundred
acres of freehold. In the proprietors' courts no man shall be a
juryman under five hundred acres of freehold.
Sixty-nine. Every jury shall consist of twelve men; and it shall
not be necessary they should all agree, but the verdict shall be
according to the consent of the majority.
Seventy. It shall be a base and vile thing to plead for money or
reward; nor shall any one (except he be a near kinsman, not farther
off than cousin-german to the party concerned) be permitted to
plead another man's cause, till, before the judge in open court, he
hath taken an oath that he doth not plead for money or reward,
nor hath nor will receive, nor directly nor indirectly bargained with
the party whose cause he is going to plead, for money or any other
reward for pleading his cause.
Seventy-one. There shall be a parliament, consisting of the pro-
prietors or their deputies, the landgraves, and caziques, and one free-
holder out of every precinct, to be chosen by the freeholders of the said
precinct, respectively. They shall sit all together in one room, and
have every member one vote.
Seventy-two. No man shall be chosen a member of parliament who
has less than five hundred acres of freehold within the precinct for
which he is chosen; nor shall any have a vote in choosing the said
member that hath less than fifty acres of freehold within the said
precinct.
Seventy-three. A new parliament shall be assembled the first Mon-
day of the month of November every second year, and shall meet
and sit in the town they last sat in, without any summons, unless by
the palatine's court they be summoned to meet at any other place.
And if there shall be any occasion of a parliament in these intervals,
it shall be in the power of the palatine's court to assemble them in
forty days' notice, and at such time and place as the said court shall
think fit; and the palatine's court shall have power to dissolve the
said parliament when they shall think fit.
Seventy- four. At the opening of every parliament, the first thing
that shall be done shall be the reading of these fundamental consti-
tutions, which the palatine and proprietors, and the rest of the
members then present, shall subscribe. Nor shall any person what-
soever sit or vote in the parliament till he hath that session subscribed
these, fundamental constitutions, in a book kept for that purpose by
the clerk of the parliament.
Seventy-five. In order to the due election of members for the bien-
nial parliament, it shall be lawful for the freeholders of the respec-
tive precincts to meet the first Tuesday in September every two years,
in the same town or place that they last met in, to choose parliament
men; and there choose those members that are to sit the next Novem-
ber following, unless the steward of the precinct shall, by suiRcient
notice thirty days before, appoint some other place for their meeting
in order to the election.
Seventy-six. No act or order of parliament shall be of any force,
unless it be ratified in open parliament, during the same session, by
the palatine or his deputy, and three more of the lords praprietors
or their deputies ; and then not to continue longer in force but until
the next biennial parliament, unless in the mean time it be ratified
under the hands and seals of the palatine himself, and three more of
2782 North Carolina— 1669
the lords proprietors themselves, and by their order published at the
next biennial parliament.
Seventy-seven. Any proprietor or his deputy may enter his pro-
testation against any act of the parliament, before the palatine or his
deputy's consent be given as aforesaid, if he shall coniseive the said
act to be contrary to this establishment, or any of these fundamental
constitutions of the government. And in such case, after full and
free debate, the several estates shall retire into four several chambers ;
the palatine and proprietors into one; the landgraves into another;
the caziques into another; and those chosen by the precincts into a
fourth; and if the major part of any of the four estates shall vote
that the law is not agreeable to this establishment, and these funda-
mental constitutions of the government, then it shall pass no farther,
but be as if it had never been proposed.
Seventy-eight. The quorum of the parliament shall be one-half
of those who are members and capable of sitting in the house that
present session of parliament. The quorum of each of the chambers
of parliament shall be one-half of the members of that chamber.
Seventy-nine. To avoid multiplicity of laws, which by degrees
always change the right foundations of the original government, all
acts of parliament whatsoever, in whatsoever form passed or enacted,
shall, at the end of a hundred years after their enacting, respectively
cease and determine of themselves, and without any repeal become
null and void, as if no such acts or laws had ever been made.
Eighty. Since multiplicity of comments, as well as of laws, have
great inconveniencies, and serve only to obscure and perplex, all
manner of comments and expositions on any part of these funda-
mental constitutions, or on any part of the common or statute laws
of Carolina, are absolutely prohibited.
Eighty-one. There shall be a registry in every precinct, wherein
shall be enrolled all deeds, leases, judgments, mortgages, and other
conveyances, which may concern any of the lands Avithin the said
precinct ; and all such conveyances not so entered and registered shall
not be of force against any person or party to the said contract or
conveyance.
Eighty-two. No man shall be register of any precinct who hath not
at least three hundred acres of freehold within the said precinct.
Eighty-three. The freeholders of every precinct shall nominate
three men; out of which three the chief justice's court shall choose
and commission one to be register of the said precinct, whilst he shall
well behave himself.
Eighty-four. There shall be a registry in every signiory, barony,
and colony, wherein shall be recorded all the births, marriages, and
deaths that shall happen within the respective signiories, baronies,
and colonies.
Eighty -five. No man shall be register of a colony that hath not
above fifty acres of freehold within the said colony.
Eighty-six. The time of every one's age, that is born in Carolina,
shall be reckoned from the day that his birth is entered in the registry,
and not before.
Eighty-seven. No marriage shall be lawful, whatever contract and
ceremony they have used, till both the parties mutually own it before
the register of the place where they were married, and he register it,
with the names of the father and mother of each party.
North Carolina— 1669 2783
Eighty-eight. No man shall administer to the goods, or have a
right to them, or enter upon the estate of any person deceased, till his
death be registered in the respective registry.
Eighty-nine. He that doth not enter in the respective registry the
birth or death of any person that is born or dies in his house or
ground, shall pay to the said register one shilling per week for each
such neglect, reckoning from the time of each birth or death,
respectively, to the time of entering it in the register.
Ninety. In like manner, the births, marriages, and deaths of the
lords proprietors, landgraves, and caziques shall be registered in the
chamberlain's court.
Ninety-one. There shall be in every colony one constable, to be
chosen annually, by the freeholders of the colony ; his estate shall be
above a hundred acres of freehold within the said colony, and such
subordinate officers appointed for his assistance as the county court
shall find requisite, and shall be established by the said county court.
The election of the subordinate annual officers shall be also in the free-
holders of the colony.
Ninety-two. All towns incorporate shall be governed by a mayor,
twelve aldermen, and twenty-four of the common council. The said
common council shall be chosen by the present householders of the
said town; the aldermen shall be chosen out of the common council;
and the mayor out of the aldermen, by the palatine's court.
Ninety-three. It being of great consequence to the plantation that
port-towns should be built and preserved ; therefore, whosoever shall
lade or unlade any commodity at any other place than a port-town,
shall forfeit to the lords proprietors, for each ton so laden or unladen,
the sum of ten pounds sterling; except only such goods as the pala-
tine's court shall license to be laden or unladen elsewhere.
Ninety-four. The first port-town upon every river shall be in a
colony, and be a port-town forever.
Ninety-five. No man shall be permitted to be a freeman of Caro-
lina, or to have any estate or habitation within it, that doth not
acknowledge a God; and that God is publicly and solemnly to be
worshipped.
Ninety-six. [As the country comes to be sufficiently planted and.
distributed into fit divisions, it shall belong to the parliament to take
care for the building of churches, and the public maintenance of
divines, to be employed in the exercise of religion, according to the
Church of England; which bein^ the only true and orthodox, and
the national religion of all the King's dominions, is so also of Caro-
lina ; and, therefore, it alone shall be allowed to receive public mainte-
nance, by grant of parliament.]*
Ninety-seven. But since the natives of that place, who will be con-
cerned in our plantation, are utterly strangers to Christianity, whose
idolatry, ignorance, or mistake gives us no right to expel or use them
ill ; and those who remove from other parts to plant there will
unavoidably be of different opinions concerning matters of religion,
the liberty whereof they will expect to have allowed them, and it will
not be reasonable for us, on this account, to keep them out, that civil
oThis article was not drawn up by Mr. Locke, but inserted by some of the
chief of the proprietors, against his judgment ; as Mr. Loclie himself informed
one of his friends, to whom he presented a copy of these constitutions.
2784 NoHh Carolina— 1669
peace may be maintained amidst diversity of opinions, and our agree-
ment and compact with all men may be duly and faithfully observed ;
the violation whereof, upon what pretence soever, cannot be without
great offence to Almighty God, and great scandal to the true religion
which we profess ; and also that Jews, heathens, and other dissenters
from the purity of Christian religion may not be scared and kept at
a distance from it, but, by having an opportunity of acquainting
themselves with the truth and reasonableness of its doctrines, and the
peaceableness and inoffensiveness of its professors, may, by good
usage and persuasion, and all those convincing methods of gentleness
and meekness, suitable to the rules and design of the gospel, be won
ever to embrace and unfeignedly receive the truth; therefore, any
seven or more persons agreeing in any religion, shall constitute a
church or profession, to which they shall give some name, to dis-
tinguish it from others.
Ninety-eight. The terms of admittance and communion with any
church or profession shall be written in a book, and therein be sub-
scribed by all the members of the said church or profession; which
book shall be kept by the public register of the precinct wherein they
reside.
Ninety-nine. The time of every one's subscription and admittance
shall be dated in the said book or religious record.
One hundred. In the terms of communion of every church or pro-
fession, these following shall be three ; without which no agreement
or assembly of men, upon pretence of religion, shall be accounted a
church or profession within these rules :
1st. " That there is a God."
II. " That God is publicly to be worshipped."
III. " That it is lawful and the duty of every man, being thereunto
called by those that govern, to bear witness to truth ; and that every
church or profession shall, in their terms of communion, set down
the external way whereby they witness a truth as in the presence of
God, whether it be by laying hands on or kissing the bible, as in the
Church of England, or by holding up the hand, or any other sensible
way."
One hundred and one. No person above seventeen years of age
shall have any benefit or protection of the law, or be capable of any
place of profit or honor, who is not a member of some church or
profession, having his name recorded in some one, and but one reli-
gious record at once.
One hundred and two. No person of any other church or profes-
sion shall disturb or molest any religious assembly.
One hundred and three. No person whatsoever shall speak anything
in their religious assembly irreverently or seditiously of the govern-
ment or governors, or of state matters.
One hundred and four. Any person subscribing the terms of com-
munion, in the record of the said church or profession, before the
precinct register, and any five members of the said church or profes-
sion, shall be thereby made a member of the said church or profession.
One hundred and five. Any person striking out his own name out
of any religious record, or his name being struck out by any officer
thereunto authorized by each church or profession respectively, shall
cease to be a member of that church or profession.
North Carolina— 1669 2785
One hundred and six. No man shall use any reproachful, reviling,
or abusive language against any religion of any church or profession ;
that being the certain way of disturbing the peace, and of hindering
the conversion of any to the truth, by engaging them in quarrels and
animosities, to the hatred of the professors and that profession which
otherwise they might be brought to assent to.
One hundred and seven. Since charity obliges us to wish well to
the souls of all men, and religion ought to alter nothing in any man's
civil estate or right, it shall be lawful for slaves, as well as others, to
enter themselves, and be of what church or profession any of them
shall think best, and, therefore, be as fully members as any freeman.
But yet no slave shall hereby be exempted from that civil dominion
his master hath over him, but be in all things in the same state and
condition he was in before.
One hundred and eight. Assemblies, upon what pretence soever of
religion, not observing and performing the above said rules, shall not
be esteemed as churches, but unlawful meetings, and be punished as
other riots.
One hundred and nine. No person whatsover shall disturb, molest,
or persecute another for his speculative opinions in religion, or his
way of worship.
One hundred and ten. Every freeman of Carolina shall have abso-
lute power and authority over his negro slaves, of what opinion or
religion soever.
One hundred and eleven. No cause, whether civil or criminal, of
any freeman, shall be tried in any court of judicature, without a
jury of his peers.
One hundred and twelve. No person whatever shall hold or claim
any land in Carolina by purchase or gift, or otherwise, from the
natives, or any other whatsoever, but merely from and under the
lords proprietors, upon pain of forfeiture of all his estate, movable
or immovable, and perpetual banishment.
One hundred and thirteen. Whosoever shall possess any freehold
in Carolina, upon w^hat title or grant soever, shall, at the farthest,
from and after the year one thousand six hundred and eighty-nine,
pay yearly unto the lords proprietors, for each acre of land, English
measure, as much fine silver as is at this present time in one English
penny, or the value thereof, to be as a chief rent and acknowledg-
ment to the lords proprietors, their heirs and successors, forever.
And it shall be lawful for the palatine's court, by their officers, at
any time to take a new survey of any man's land, not to oust him
of any part of his possession, but that by such a survey the just
number of acres he possesseth may be known, and the rent thereon
due may be paid by him.
One hundred and fourteen. All wrecks, mines, minerals, quarries
of gems, and precious stones, with pearl-fishing, whale-fishing, and
one-half of all ambergris, by whomsoever found, shall wholly belong
to the lords proprietors.
One hundred and fifteen. All revenues and profits belonging to the
lords proprietors in common shall be divided mto ten parts, whereof
the palatine shall have three, and each proprietor one; but if the
palatine shall govern by a deputy, the deputy shall have one of those
three-tenths, and the palatine the other two-tenths.
2786 N(yHh Carolina— 1775
One hundred and sixteen. All inhabitants and freemen of Carolina
above seventeen years of age, and under sixty, shall be bound to bear
arms and serve as soldiers, whenever the grand council shall find it
necessary.
One hundred and seventeen. A true copy of these fundamental
constitutions shall be kept in a great book by the register of every
precinct, to be subscribed before the said register. Nor shall any
person, of what degree or condition soever, above seventeen years old,
have any estate or possession in Carolina, or protection or benefit of
the law there, who hath not, before a precinct register, subscribed
these fundamental constitutions in this form :
" I, A. B., do promise to bear faith and true allegiance to our
sovereign lord King Charles II, his heirs and successors; and will
be true and faithful to the palatine and lords proprietors of Caro-
lina, their heirs and successors; and with my utmost power will
defend them, and maintain the government according to this estab-
lishment in these fundamental constitutions."
One hundred and eighteen. Whatsoever alien shall, in this form,
before any precinct register, subscribe these fundamental constitu-
tions, shall be thereby naturalized.
One hundred and nineteen. In the same manner shall every person,
at his admittance into any office, subscribe these fundamental con-
stitutions.
One hundred and twenty. These fundamental constitutions, in
number a hundred and twenty, and every part thereof, shall be and
remain the sacred and unalterable form and rule of government of
Carolina forever. Witness our hands and seals, the first day of
March, sixteen hundred and sixty-nine.
THE MECKLENBURGH RESOLUTIONS— 1775 * «
I. Resolved: That whosoever directly or indirectly abets, or in
any way, form, or manner countenances the unchartered and danger-
ous invasion of our rights, as claimed by Great Britain, is an enemy
to this country — to America — and to the inherent and inalienable
rights of man.
II. Resolved: That we do hereby declare ourselves a free and
independent people; are, and of right ought to be a sovereign and
self-governing association, under the control of no power, other than
that of our God and the General Government of the Congress: To
the maintainance of which Independence we solemnly pledge to each
other our mutual co-operation, our Lives, our Fortunes, and our most
Sacred Honor.
III. Resolved: That as we acknowledge the existence and control
of no law or legal officer, civil or military, within this county, we
do hereby ordain and adopt as a rule of life, all, each, and every
* Address of the Hon. William A. Graham, On the Mecklenburgh Declaration
of Independence, * * * with Accompanying Documents. New York (E. J.
Hale & Sons, publishers) 1875. 167 pp.
oThfs declaration of independence (with a supplementary set of resolutions
establishing a form of government) was adopted (as it is claimed) by a conven-
tion of delegates from different sections of Mecklenburgh County, which assem-
bled at Charlotte May 20, 1775.
North Carolina— 1776 2787
one of our former laws, wherein, nevertheless, the Crown of Great
Britain never can be considered as holding rights, privileges, or
authorities therein.
IV. Resolved: That all, each, and every Military Officer in this
country is hereby reinstated in his former command and authority,
he actmg conformably to their regulations, and that every Member
present of this Delegation, shall henceforth be a Civil Officer, viz : a
Justice of the Peace, in the character of a Committee Man, to issue
process, hear and determine all matters of controversy, according to
said adopted laws, and to preserve Peace, Union, and Harmony in
said county, to use every exertion to spread the Love of Country
and Fire of Freedom throughout America, until a more general
and organized government be established in this Province.
Abraham Alexander, Chairman.
John McKnitt Alexander, Secretary.
CONSTITUTION OF NORTH CAROLINA— 1776 * «
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 exclu-
sive right of regulating the internal government and police 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 laws,
by any authority, without consent of the Representatives of the
people, is injurious to their rights, and ought not to be exercised.
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 Riih, and lo confront the
accusers and witnesses with other testimony, and shall not be com-
pelled 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.
* Verified from " The Proceedings and Debates of the Convention of North-
Carolina, called to amend the Constitution of the State, which assembled at
Raleigh, June 4, 1835. To which are subjoined the Convention act and the
Amendments to the Constitution together with the votes of the People. Raleigh :
Printed hy Joseph Gales and Son, 183G." Appendix, pp. 409^24.
° This constitution was framed by a " Congress," " elected and chosen for that
particular purpose," which assembled at Halifax November 12, 177G, and com-
pleted its labors December 18, 1776. It was not submitted to the people for
ratification.
7254— VOL
2788 North Carolina— 1776
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 evidence 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 disseized
of his freehold, Trbei:tie:? or privileges, or outlawed, or exiled, or in
any manner destroyed, or deprived of his life, liberty, or property,
but by the law of the land.
XIII. That every freeman, restrained of his liberty, is entitled to a
remedy, to inquir^TTnto-the lawfulness thereof, and to remove 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 inviolable.
XY. That the freedom of the press is one of the great bulwarks 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 con-
sult for their common good, to instruct their Representatives, and to
apply to the Legislature, for redress of grievances.
XIX. That alljiienhave a natural and unalienable right to wor-
ship AlmighfyTjod 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 honors 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 soil, in a free government, being one of
the essential rights of the collective body of the people,- it is neces-
sary, 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 Legislatures of the two States,
agreeable to the order of the late King George the Second, in Council,
that line, and that only, should be esteemed the southern boundary
North Carolina— 1776 2789
of this State as follows : that is to say, beginning 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 north-
west 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 the Second, to the late Proprietors of Carolina.
Therefore all the territories, seas, waters, and harbours, with their
appurtenances, lying between the line above described, and the south-
ern 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 Legislature
of this State, at any time thereafter directed, or laid out, in anywise
notwithstanding : — Provided always^ That this Declaration of Rights
shall not prejudice any nation or nations of Indians, 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 pro-
vided also, That it shall not be construed so as to prevent the estab-
lishment of one or more governments westward of this State, by con-
sent of the Legislature : — 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 heretofore
made by the late King George the Second, 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, recip-
rocal, 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 with-
drawn from them his protection, but, by an act of the British Legis-
lature, 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 jnentioned 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 Colonies to a state of abject slavery ; in con-
sequence whereof, all 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 Thirteen
United Colonies are, of right, wholly absolved from all allegiance 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.
mierefore, in our present state, in order to prevent anarchy and
confusion, it becomes necessary, that government should be estab-
lished in this State ; therefore we, the Representatives of the freemen
2790 North Carolina— 1776
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 distinct
branches, both dependent on the people, to wit, a Senate and House
of Commons,
II.« That the Senate shall be composed of Kepresentatives, annu-
ally chosen by ballot, one for each county in the State.
IIL« That the House of Commons shall be composed of Repre-
sentatives annually chosen by ballot, two for each county, and one
for each of the towns of Edenton, Newbern, Wilmington, Salisbury,
Hillsborough and Halifax.
IV. That the Senate and House of Commons, assembled for the
purpose of legislation, shall be denominated, The General Assembly.
y." That each member of the Senate shall have usually resided in
the county in which he is chosen for one year immediately preceding
his election, and for the same time shall have possessed, and con-
tinue to possess, in the county which he represents, not less than
three hundred acres of land in fee.
VI. That each member of the House of Commons shall have usu-
ally resided in the county in which he is chosen for one year imme-
diately preceding his election, and for six months shall have pos-
sessed, 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 freemenT^f the age of twenty-one years, who have
been inhabitants of any-orle county within the State twelve months
immediately preceding the day of any election, and 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 this State tAvelve months
immediately preceding the day of any election, and shall have paid
public taxes, shall be entitled to vote for members of the House of
Commons for the. county in which he resides.
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 tw^elve months next before,
and at the day of election, and shall have paid public taxes, shall be
entitled to vote for a member to represent such tow^n 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 free-
holder 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 powder 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
o See amendments.
North Carolina— 1776 2791
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 execution of his
office, shall take an oath to the State; and all officers 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 commis-
sioned by the Governor, and hold their offices during good behaviour.
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 State.
.XV.* That the Senate and House of Commons, jointly at their
first meeting after each annual election, shall by ballot elect a Gov-
ernor 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 resident in this State above five years,
and having, in the State, a freehold in lands and tenements above the
value of one thousand pounds, shall be eligible as a Governor.
XIV. 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 proceedings 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.
XVI I. That there shall be a seal of this State, which shall be kept
by the Governor, and used by him, as occasion may require ; 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 recess 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.« That the Governor, for the time being, shall have power to
draw for and applv such sums of money as shall be voted by the
general assembly, for the contingencies of government, and be ac-
countable to them for the same. He also may, by and with the
advice of the Council of State, lay embargoes, or prohibit the expor-
tation of any commodity, for any term not exceeding 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 prose-
cution 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
o See amendrii:iits.
2792 North Carolina— 1776
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 government after such
death, or during such absence or inability of the Governor (or
Speaker of the Senate,) or until a new nomination 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 Assembly,
shall, during their recess, die, or his office by other means become
vacant, the Governor shall have power, with the advice of the Coun-
cil of State, to fill up such vacancy, by granting a temporary commis-
sion, 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-adminis-
tration, or corruption, may be prosecuted, on the impeachment 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 hereafter
may be, receivers of public the monies, 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 accountable and liable.
XXVI. That no Treasurer shall have a seat, either in the Senate,
House of Commons, or Council of State, during his continuance in
that office, or before he shall have finall}^ settled his accounts with the
public, for all the monies 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 Senate, House of Com-
mons, 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.
XXIX. That no Judge of the Supreme Court of Law or Equity,
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 Com-
mons, or Council of State.
North Carolina— 1776 2793
XXXI. That no clergyman, or preacher of the gospel, of any de-
nomination, 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 divine authority either of the
Old or New Testaments, or w^ho shall hold religious principles incom-
patible 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 respective
counties in this State, shall in future be recommended to the Governor
for the time being, by the Kepresentatives in General Assembly ; and
the Governor shall commission them accordingly: and the Justices,
when so commissioned, shall hold their offices during good behaviour,
and shall not be removed from office by the General Assembly, unless
for misbehaviour, 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 whatsoever, be compelled
to attend any place of worship contrary to his own faith or judg-
ment, nor be obliged to pay, for the purchase of any glebe, or the
building of any house of worship, or for the maintenance of any
minister or ministry, contrary to w^hat he believes right, or has vol-
untarily and personally engaged to perform ; but all persons shall be
at liberty to exercise their own mode of worship: — Pronided, That
nothing herein contained shall be construed to exempt preachers of
treasonable 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 appointment 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 signed 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 dignity of the State.
XXXVII.« That the Delegates for this State, to the Continental
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 elected, to serve in that
capacity, for more than three years successively.
XXXVIII. That there shall be a Sheriff, Coroner or Coroners,
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 deliver-
ing up, bona fide, all his estate real and personal, for the use of his
creditors, in such manner as shall be hereafter regulated by law. All
prisoners shall be bailable by sufficient sureties, unless for capital
offences, when the proof is evident, or the presumption great.
XL. That every foreigner, who comes to settle m this State, having
first taken an. oath of allegiance to the same, may purchase, or, by
0 See amendment.
2794 North Carolina— 1776
other 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 Legis-
lature, 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 pro-
moted, in one or more universities.
XLII. That no purchase of lands shall be made of the Indian
natives, but on behalf of the public, by authority of the General
Assembly.
XLIII. That the future Legislature of this State shall regulate
entails, in such a manner as to prevent perpetuities.
XLIV. That the Declaration of Rights 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 Assembly 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.
XL VI. That neither House of the General Assembly shall pro-
ceed upon public business, unless a majority of all the members of
such House are actually present : and that, upon a motion made and
seconded, the yeas and nays, upon any question, shall be taken and
entered on the journals; and that the journals of the proceedings of
both Houses of the General Assembly shall be printed, and made
public, immediately after their adjournment.
This Constitution is not intended to preclude the present Congress
froin making a temporary provision, for the well ordering of this
State, until the General Assembly shall establish government, agree-
able to the mode herein before described.
Richard Caswell, President.
December the eighteenth, one thousand seven hundred and seventy-
six, read the third time, and ratified in open Congress.
By order,
James Green, jun. secretary.
AMENDMENTS TO THE CONSTITUTION OF 1776 «
(Ratified 1835)
Article 1. Section 1. One. The senate of this State shall consist of
fifty representatives, biennially chosen by ballot, and to be elected by
districts ; which districts shall be laid off by the general assembly, at
its first session after the year one thousand eight hundred and forty-
one ; and afterwards, at its first session after the year one thousand
eight hundred and fifty-one; and then every twenty years thereafter,
in proportion to the public taxes paid into the treasury of the State,
by the citizens thereof; and the average of the public taxes paid by
" These amendments were framed by a convention which met at Raleigh June
4, 1835, 'and completed its labors July 11, 1835. They were submitted to the
people and ratified by 26,771 votes against 21,606 votes.
North Carolina— 1776 2795
each county into the treasur}^ of the State, for the five years preced-
ing the laying off of the districts, shall be considered as its proportion
of the public taxes, and constitute the basis of apportionment : Pro-
vided^ That no county shall be divided in the formation of a senato-
rial district. And when there are one or more counties having an
excess of taxation above the ratio to form a senatorial district, adjoin-
ing a county or counties deficient in such ratio, the excess or excesses
aforesaid shall be added to the taxation of the county or counties
deficient ; and if, with such addition, the county or counties receiving
it shall have the requisite ratio, such county and counties each shall
constitute a senatorial district.
Two. The house of commons shall be composed of one hundred and
twenty representatives, biennially chosen by ballot, to be elected by
counties according to their Federal population, that is, according to
their respective numbers, which shall be determined by adding to
the whole number of free persons, including those bound to service
for a term of years, and excluding Indians not taxed, three-fifths of
all other persons ; and each county shall have at least one member in
the house of commons, although it may not contain the requisite ratio
of population.
Three. This apportionment shall be made by the general assembly,
at the respective times and periods when the districts for the senate
are hereinbefore directed to be laid off ; and the said apportionment
shall be made according to an enumeration to be ordered by the gen-
eral assembly, or according to the census which may be taken by order
of Congress, next preceding the making such apportionment.
Four. In making the apjDortionment in the house of commons, the
ratio of representation shall be ascertained by dividing the amount
of Federal population in the State, after deducting that compre-
hended within those counties which do not severally contain the one
hundred and twentieth part of the entire Federal population afore-
said, by the number of representatives less than the number assigned
to the said counties. To each county containing the said ratio, and
not twice the said ratio, there shall be assigned one representative ; to
each county containing twice, but not three times the said ratio, there
shall be assigned two representatives, and so on progressively; and
then the remaining representatives shall be assigned severally to the
counties having the largest fractions.
Sec. 2. One. Until the first session of the general assembly which
shall be had after the year eighteen hundred and forty-one, the
senate shall be composed of members to be elected from the several
districts hereinafter named, that is to say, the first district shall con-
sist of the counties of Perquimons and Pasquotank; the second dis-
trict of Camden and Currituck ; the third district. Gates and Chowan ;
the fourth district, Washington and Tyrrell ; the fifth district, North-
ampton; the sixth district, Plertford'; the seventh district, Bertie;
the eighth district, Martin; the ninth district, Halifax; the tenth
district, Nash; the eleventh district. Wake; the twelfth district,
Franklin ; the thirteenth district, Johnston ; the fourteenth district,
Warren; the fifteenth district, Edgecomb; the sixteenth district,
AVayne; the seventeenth district. Green and Lenoir; the eighteenth
district, Pitt; the nineteenth district, Beaufort and Hyde; the
twentieth district, Carteret and Jones; the twenty-first district,
2796 North Carolina— 1776
Craven ; the twenty-second district, Chatham ; the twenty-third dis-
trict, Granville ; the twenty-fourth district, Person ; the twenty-fifth
district, Cumberland; the twenty-sixth district, Sampson; the
twenty-seventh district, New Hanover; the twenty-eighth district,
Duplin; the twenty-ninth district, Onslow; the thirtieth district,
Brunswick, Bladen, and Columbus; the thirty-first district, Robeson
and Richmond; the thirty-second district, Anson; the thirty-third
district, Cabarrus; the thirty-fourth district, Moore and Montgom-
ery ; the thirty-fifth district, Caswell ; the thirty-sixth district, Rock-
ingham; the thirty-seventh district. Orange; the thirty-eighth dis-
trict, Randolph; the thirty-ninth district, Guilford; the fortieth
district, Stokes; the forty-first district. Rowan; the forty-second
district, Davidson ; the forty-third district, Surry ; the forty-fourth
district, Wilkes and Ashe ; the forty-fifth district, Burke and Yancy ;
the forty-sixth district, Lincoln; the forty-seventh district, Iredell;
the forty-eighth district, Rutherford; the forty-ninth district. Bun-
combe, Haj^wood, and Macon; the fiftieth district, Mecklenburg;
each district to be entitled to one senator.
Two. Until the first session of the general assembly after the year
eighteen hundred and forty-one, the house of commons shall be com-
posed of members elected from the counties in the following manner,
viz:
The counties of Lincoln and Orange shall elect four members each.
The counties of Burke, Chatham, Granville, Guilford, Halifax,
Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and AVake,
shall elect three members each.
The counties of Anson, Beaufort, Bertie, Buncombe, Cumberland,
Craven, Caswell, Davidson, Duplin, Edgecomb, Franklin, Johnston,
Montgomery, New Hanover, Northampton, Person, Pitt, Randolph,
Robeson, Richmond, Rockingham, Sampson, Warren, Wayne, and
Wilkes shall elect two members each.
The counties of Ashe, Bladen, Brunswick, Camden, Columbus,
Chowan, Currituck, Carteret, Cabarrus, Gates, Greene, Haywood,
Hertford, Hyde, Jones, Lenoir, Macon, Moore, Martin, Nash,
Onslow, Pasquotank, Perquimons, Tyrrell, Washington, and Yancy
shall elect one member each.
Sec. 3. One. Each member of the senate shall have usually resided in
the district for which he is chosen for one year immediately pre-
ceding his election, and for the same time shall have possessed and
continue to possess in the district which he represents, not less
than three hundred acres of land in fee.
Two. All free men of the age of twenty-one years, (except as is herein-
after declared,) who have been inhabitants of any one district within
the State, twelve months immediately preceding the day of any elec-
tion, and possessed of a freehold within the same district of fifty
acres of land, for six months liext before and at the day of election,
shall be entitled to vote for a member of the senate."
Three. No free negro, free mulatto, or free person of mixed blood,
descended from negro ancestors, to the fourth generation inclusive,
(though one ancestor of each generation may have been a white per-
son.) shall vote for members of the senate or house of commons.
o Amended, Dec. 11, 185G.
North Carolina— 1776 2797
Sec. 4. One. In the election of all officers, whose appointment is
conferred on the general assembly by the constitution, the vote shall
be viva voce.
Two. The general assembly shall have power to pass laws regulat-
ing the mode of appointing and removing militia officers.
Three. The general assembly shall have power to pass general laws,
regulating divorce and alimony, but shall not have power to grant
a divorce or secure alimony in any individual case.
Four. The general assembly shall not have power to pass any
private law to alter the name of any person, or to legitimate any
persons not born in lawful wedlock, or to restore to the rights of
citizenship, any person convicted of an infamous crime; but shall
have power to pass general laws regulating the same.
. Five. The general assembly shall not pass any private law, unless
it shall be made to appear, that thirty days' notice of application to
pass such law shall have been given, under such directions and in
such manner as shall be provided by law.
Six. If vacancies shall occur by death, resignation, or otherwise,
before the meeting of the general assembly, writs may be issued by
the governor, under such regulations as may be prescribed by law.
Seven. The general assembly shall meet biennially, and at each
biennial session shall elect by joint vote of the two houses a secretary
of state, treasurer, and council of state, who shall continue in office
for the term of two years.
Art. II. One. The governor shall be chosen by the qualified voters
for the members of the house of commons, at such time and places
as members of the general assembly are elected.
Two. He shall hold his office for the term of two years from the
time of his installation, and until another shall be elected and quali-
fied; but he shall not be eligible more than four years in any term
of six years.
Three. The returns of every election for governor shall be sealed
up and transmitted to the seat of government by the returning offi-
cers, directed to the speaker of the senate, who shall open and publish
them in the presence of a majority of the members of both houses of
the general assembly. The person having the highest number of
votes shall be governor ; but if two or more shall be equal and high-
est in votes, one of them shall be chosen governor by joint vote of both
houses of the general assembly.
Four. Contested elections for governor shall be determined by both
houses of the general assembly, in such manner as shall be prescribed
by law.
Five. The governor-elect shall enter on the duties of the office on
the first day of January next after his election, having previously
taken the oaths of office in the presence of the members of both
branches of the general assembly, or before the chief justice of the
supreme court, who, in case the governor-elect should be prevented
from attendance before the general assembly, by sickness or other
unavoidable cause, is authorized to administer the same.
Art. III. Section 1. One. The governor, judges of the supreme
court, and judges of the superior courts, and all other officers of this
State, (except justices of the peace and militia officers,) may be
impeached for wilfully violating any article of the constitution, mal-
administration, or corruption.
2798 North Carolina— 1776
Two. Judgment, in cases of impeachment, shall not extend further
than to remove from office and disqualification to hold and enjoy
any office of honor, trust, or profit under this State; but the party
convicted may nevertheless be liable to indictment, trial, judgment,
and punishment according to law.
Three. The house of commons shall have the sole power of impeach-
ment. The senate shall have the sole power to try all impeachments.
No person shall be convicted upon any impeachment unless two-
thirds of the senators present shall concur in such conviction; and
before the trial of any impeachment, the members of the senate shall
take an oath or affirmation truly and impartially to try and determine
the charge in question according to evidence.
Sec. 2. Any judge of the supreme court or of the superior courts
may be removed from office for mental or physical inability, upon a
concurrent resolution of two-thirds of both branches of the general
assembly. The judge against whom the legislature may be about to
proceed shall receive notice thereof, accompanied by a copy of the
causes alleged for his removal, at least twenty days before the day on
which either branch of the general assembly shall act thereon.
The salaries of the judges of the supreme court, or of the superior
courts, shall not be diminished during their continuance in office.
Sec. 3. Upon the conviction of any justice of the peace of any
infamous crime, or of corruption or malpractice in office, the commis-
sion of such justice shall be thereby vacated, and he shall be forever
disqualified from holding such appointment.
Sec. 4. The general assembly, at its first session after the year one
thousand eight hundred and thirty-nine, and from time to time there-
after, shall appoint an attorney-general, who shall be commissioned
by the governor, and shall hold his office for the term of four years ;
but if the general assembly should hereafter extend the term during
which, solicitors of the State shall hold their offices, then they shall
have power to extend the term of office of the attorney -general to the
same period.
Art. IV. Section 1. One. No convention of the people shall be
called by the general assembly, unless by the concurrence of two-
thirds of all the members of each house of the general assembly.
Two. No part of the constitution of this State shall be altered,
unless a bill to alter the same shall have been read three times in each
house of the general assembly, and agreed to by three-fifths of the
whole number of members of each house respectively ; nor shall any
alteration take place until the bill so agreed to shall have been pub-
lished six months previous to a new election of members to the gen-
eral assembly. If, after such publication, the alteration proposed
by the preceding general assembly shall be agreed to in the first
session thereafter, by two-thirds of the whole representation in each
house of the general assembly, after the same shall have been read
three times on three several days in each house, then the said general
assembly shall prescribe a mode by which the amendment or amend-
ments may be submitted to the qualified voters of the house of com-
mons throughout the State ; and if, upon comparing the votes given
in the whole State, it shall appear that a majority of the voters have
approved thereof, then, and not otherwise, the same shall become a
part of the constitution.
Sec. 2. The thirty-second section of the constitution shall be
North Carolina— 1865 2799
amended to read as follows : No person who shall deny the being of
God, or the truth of the Christian religion, or the divine authority
of the Old or New Testament, or who shall hold religious principles
incompatible with the freedom or safety of the State, shall be capable
of holding any office or place of trust or profit in the civil department
within this State.
Sec. 3. One. Capitation-tax shall be equal throughout the State,
upon all individuals subject to the same.
Two. All free males over the age of twenty-one years and under
the age of forty-five years, and all slaves over the age of twelve years
and under the age of fifty years, shall be subject to capitation-tax,
and no other person shall be subject to such tax: Provided^ That
nothing herein contained shall prevent exemptions of taxable polls,
as heretofore prescribed by law in cases of bodily infirmity.
Sec. 4. No person who shall hold any office or place of trust or
profit under the United States, or any department thereof, or under
this State, or any other State or government, shall hold or exercise
any other office or place of trust or profit under the authority of this
State, or be eligible to a seat in either house of the general assembly :
Provided^ That nothing herein contained shall extend to officers in
the militia or justices of the peace.
Nathaniel Macon, President,
Edward B. Kneeman, Secretary.
Joseph D. Ward, Assistant Secretary.
(Ratified Dec. 11, 1856.)
Article I. Sec. 3. Clause two: Every free white man at the age
of twenty-one years, being a native or naturalized citizen of the
United States, and who has been an inhabitant of the State for twelve
months immediately preceding the day of any election, and shall have
paid public taxes, shall be entitled to a vote for a member of the sen-
ate for the district in which he resides.
CONSTITUTION OF NORTH CAROLINA— .1861
[A State convention; called by an act of the legislature, passed an
ordinance of secession May 20, 1861, and revised the State constitu-
tion, which was not submitted to the people for ratification.]
ORDINANCE PROHIBITING SLAVERY IN NORTH CAROLINA—
1865 * «
Be it declared and ordained hy the delegates of the people of the
State of North Carolina in convention assembled., and it is hereby
declared and ordained^ That slavery and involuntary servitude, other-
* .Tonrnal of the Convention of the State of North Carolina, at its Session of
1865. Raleigh : Cannon & Holden, Printers to the Convention, 1865. pp. 192.
Executive Documents. Convention, Session 1865. Constitution of North-
Carolina, witli Amendments, and Ordinances and Resolutions passed by the Con-
vention, Session, ]865# Raleigh: Cannon and Holden, Printers to the State.
1865. pp. 78.
Constitution of. the State of North Carolina, together with the Ordinances and
Resolutions of the Constitutional Convention, Assembled in the City of Raleigh,
2800 North Carolina— 1868
wise than for crimes, whereof the parties shall have been duly con-
victed, shall be, and is hereby, forever prohibited wdthin the State.
Ratified in convention this ninth day of October, in the year of our
Lord one thousand eight hundred and sixty-five.
Edwin G. Reade, President.
Jas. H. Moore, Hecretary.
R. C. Badger, Assistant /Secretary.
CONSTITUTION OF NORTH CAROLINA— 1868 ^
preamble
We, the people of the State of North Carolina, grateful to Almighty
God, the sovereign ruler of nations, for the preservation of the Ameri-
can Union and the existence of our civil, political, and religious
liberties, and acknowledging our dependence upon Him for the con-
tinuance of those blessings to us and our posterity, do, for the more
certain security thereof and for the better government of this State,
ordain and establish this constitution.
Article I
declaration or rights
That the great, general, and essential principles of liberty and free
government, may be recognized and established, and that the rela-
tions of this State to the Union and Government of the United States,
and those of the people of this State to the rest of the American
people may be defined and affirmed, we do declare :
Section 1. That we hold it 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, the enjoyment
of the fruits of their own labor, and the pursuit of happiness.
Sec. 2. That all political power is vested in and derived from the
people; all government of right originates from the people, is
Jan. 14, 1868. Raleigh : Joseph W. Holden, Convention Printer. 1868. pp. 129.
Index.
Constitution of the State of North Carolina togetlier with the Ordinances and
Resolutions of the Constitutional Convention, assembled in the City of Raleigh,
January 14, 1868. Raleigh : Joseph W. Holden, Convention Printer, 1868.
pp. 488. Index.
a A convention, called by Provisional Governor William W. Holden, met at
Raleigh October 2, 1865, repealed the ordinance of secession, adopted this ordi-
nance, prohibiting slavery October 9, 1865, and adjourned October 19, 1865.
The people ratified their repeal of the ordinance "of secession by 20,506 votes
against 2,002 votes, and the ordinance prohibiting slavery by 19,039 votes against
3,970 votes. The convention reassembled in May, 1866, and reconstructed the
constitution of 1776, but their work was rejected by the people, receiving 19,570
votes against 21,.552 votes.
& This constitution was framed by a convention called, under the reconstruc-
tion acts of Congress, by Major-General Canby, which assembled at Raleigh
January 14, 1868, and completed its labors March 16, 1868. It was accompanied
by an ordinance submitting it to the people, and an ordinance to prevent the
intimidation of voters, and it was ratified by 93,118 votes against 74,009 votes.
North Carolina— 1868 2801
founded upon their will only, and is instituted solely for the good of
the whole.
Sec. 3. That the people of this State have the inherent, sole, and
exclusive right of regulating the internal government and police
thereof and of altering and abolishing their constitution and form of
government whenever it may be necessary to their safety and happi-
ness; but every such right should be exercised in pursuance of law
and consistently with the Constitution of the United States.
Sec. 4. That this State shall ever remain a member of the American
Union; that the people thereof are part of the American nation;
that there is no right on the part of this State to secede, and that all
attempts, from whatever source or upon whatever pretext, to dissolve
said IJnion or to sever said nation ought to be resisted with the whole
power of the State.
Sec. 5. That every citizen of this State owes paramount allegiance
to the Constitution and Government of the United States, and that
no law or ordinance of the State in contravention or subversion
thereof can have any binding force.
Sec. 6. To maintain the honor and good faith of the State un-
tarnished, the public debt, regularly contracted before and since the
rebellion, shall be regarded as inviolable and never be questioned;
but the State shall never assume or pay, or authorize the collection of,
any debt or obligation, express or implied, incurred in aid of insur-
rection or rebellion against the United States, or any claim for the
loss or emancipation of any slave.
Sec. 7. No man or set of men are entitled to exclusive or separate
emoluments or privileges from the community but in consideration of
public services.
Sec. 8. The legislative, executive, and supreme judicial powers of
the government ought to be forever separate and distinct from each
other.
Sec. 9. All power of suspending laws, or the execution of laws, by
any authority, without the consent of the representatives of the
people, is injurious to their rights, and ought not to be exercised.
Sec. 10. All elections ought to be free.
Sec. 11. In all criminal prosecutions every man has the right to be
informed of the accusation against him and to confront the accusers
and witnesses with other testimony, and to have counsel for his de-
fence, and not be compelled to give evidence against himself, or to
pay costs, jail-fees, or necessary witness- fees of the defence, unless
found guilty.
Sec. 12. No person shall be put to answer any criminal charge,
except as hereinafter allowed, but by indictment, presentment, or
impeachment.
Sec. 13. No person shall be convicted of any crime but by the
unanimous verdict of a jury of good and lawful men in open court.
The legislature may, however, provide other means of trial, for petty
misdemeanors, with the right of appeal.
Sec. 14. Excessive bail should not be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted.
Sec. 15. General warrants, whereby any officer or messenger may
be commanded to search suspected places, without evidence of the act
committed, or to seize any persons not named, whose offence is not
2802 North Carolina— 1868
particularly described and supported by evidence, are dangerous to
liberty and ought not to be granted.
Sec. 16. There shall be no imprisonment for debt in this State,
except in cases of fraud.
Sec. 17. No person ought to be taken, imprisoned, or disseized of
his freehold, liberties, or privileges, or outlawed, or exiled, or in any
manner deprived of his life, liberty, or property, but by the law of the
land.
Sec. 18. Every person restrained of his liberty is entitled to a
remedy to inquire into the lawfulness thereof, and to remove the same
if unlawful ; and such remedy ought not to be denied or delayed.
Sec. 19. 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 inviolable.
Sec. 20. The freedom of the press is one of the great bulwarks of
liberty, and, therefore, ought never to be restrained, but every indi-
vidual shall be held responsible for the abuse of the same.
Sec. 21. The privilege of the writ of habeas corpus shall not be
suspended.
Sec. 22. As political rights and privileges are not dependent upon
or modified by property, therefore no property qualifications ought
to affect the right to vote or hold office.
Sec. 23. 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.
Sec. 24. 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 ; and as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up, and the military should be
kept under strict subordination to and governed by the civil power.
Sec. 25. The people have a right to assemble together to consult
for their common good, to instruct their representatives, and to apply
to the legislature for redress of grievances.
Sec. 26. All men have a natural and unalienable right to worship
Almighty God according to the dictates of their own consciences,
and no human authority should, in any case whatever, control or
interfere with the right of conscience.
Sec. 27. The people have a right to the j)rivilege of education, and
it is the duty of the State to guard and maintain that right.
Sec. 28. For redress of grievances, and for amending and strength-
ening the Jaws, elections should be often held.
Sec. 29. A frequent recurrence to fundamental principles is abso-
lutely necessary to preserve the blessings of liberty.
Sec. 30. No hereditary emoluments, privileges, or honors ought to
be granted or conferred in this State.
Sec. 31. Perpetuities and monopolies are contrary to the genius of
a free State, and ought not to be allowed.
Sec. 32. Ketrospective laws, punishing acts 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. No law taxing retrospectively
sales, purchases, or other acts previously done, ought to be passed.
North Carolina— 1868 2803
Sec. 33. Slavery and involuntary servitude, otherwise than for
crime whereof the parties shall have been duly convicted, shall be,
and are hereby, forever prohibited within this State.
Sec. 34. The limits and boundaries of the State shall be and remain
as they now are.
Sec. 35. All courts shall be open, and every person, for an injury
done him in his lands, goods, person, or reputation, shall have remedy
by due course of law, and right and justice administered without
sale, denial, or delay.
Sec. 36. 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 prescribed by law.
Sec. 37. This enumeration of rights shall not be construed to impair
or deny others retained by the people; and all powers, not herein
delegated, remain with the people.
Article II
legislative department
Section 1. The legislative authority shall be vested in two distinct
branches, both dependent on the people, to wit : A senate and house of
representatives.
Sec. 2. The senate and house of representatives shall meet annually
on the third Monday in November, and when assembled, shall be
denominated the general assembly. Neither house shall proceed
upon public business, unless a majority of all the members are actu-
ally present.
Sec. 3. The senate shall be composed of fifty senators biennially
chosen by ballot.
Sec. 4. Until the first session of the general assembly, Avhich shall
be had after the year eighteen hundred and seventy-one, the senate
shall be composed of members elected from districts constituted as
follows :
First district, Perquimans, Chowan, Pasquotank, Currituck, Gates,
and Camden, shall elect two senators.
Second district, Martin, Washington, and Tyrrell, shall elect one
senator.
Third district, Beaufort and Hyde, shall elect one senator.
Fourth district, Northampton, shall elect one senator.
Fifth district, Bertie and Hertford, shall elect one senator.
Sixth district, Halifax, shall elect one senator.
Seventh district, Edgecomb, shall elect one senator.
Eighth district, Pitt, shall elect one senator.
Ninth district, Nash and Wilson, shall elect one senator.
Tenth district. Craven and Carteret, shall elect two senators.
Eleventh district, Jones and Lenoir, shall elect one senator.
Twelfth district, Duplin and Onslow, shall elect one senator.
Thirteenth district, Brunswick and New Hanover, shall elect two
senators.
Fourteenth district, Bladen and Columbus, shall elect one senator.
Fifteenth district, Eobeson, shall elect one senator.
7254— VOL 5—09 18
2804 North Carolina— 1868
Sixteenth district, Cumberland, Harnett, and Sampson, shall elect
two senators.
Seventeenth district, Johnston," shall elect one senator.
Eighteenth district, Greene and Wayne, shall elect one senator.
Nineteenth district, P'ranklin and Wake, shall elect two senators.
Twentieth district, Warren, shall elect one senator.
Twenty-first district, Granville and Person, shall elect two senators.
Twenty-second district. Orange, shall elect one senator.
Twenty-third district, Chatham, shall elect one senator.
Twenty-fourth district, Caswell, shall elect one senator.
Twenty-fifth district, Rockingham, shall elect one senator.
Twenty-sixth district, Alamance and Guilford, shall elect two
senators.
Twenty-seventh district, Randolph and Montgomery, shall elect
one senator.
Twenty-eighth district, Moore and Richmond, shall elect one
senator.
Twenty-ninth district, Anson and Union, shall elect one senator.
Thirtieth district, Mecklenburg, shall elect one senator.
Thirty-first district, Cabarrus and Stanly, shall elect one senator.
Thirty-second district, Davie and Rowan, shall elect one senator.
Thirty-third district, Davidson, shall elect one senator.
Thirty- fourth district, Forsyth and Stokes, shall elect one senator.
Thirty-fifth district, Surry and Yadkin, shall elect one senator.
Thirty-sixth district, Alexander and Iredell, shall elect one senator.
Thirty-seventh district, Catawba, Gaston, and Lincoln, shall elect
one senator.
Thirty-eighth district, Cleveland, Polk, and Rutherford, shall elect
one senator.
Thirty-ninth district, Alleghany, Ashe, and Wilkes, shall elect one
senator.
Fortieth district, Buncombe, Henderson, and Transylvania, shall
elect one senator.
Forty-first district, Burke, Caldwell, and Watauga, shall elect one
senator.
Forty-second district, Madison, Mitchel, McDowel, and Yancy,
shall elect one senator.
Forty-third district. Clay, Cherokee, Haywood, Jackson, and
Macon, shall elect one senator.
Sec. 5. An enumeration of the inhabitants of the State shall be
taken under the direction of the general assembly in the year one
thousand eight hundred and fifty-seven, and at the end of every
ten years thereafter ; and the said senate districts shall be so altered
by the general assembly, at the first session after the return of every
enumeration taken as aforesaid, or by order of Congress, that each
senate district shall contain, as nearly as may be, an equal number
of inhabitants, excluding aliens and Indians not taxed, and shall
remain unaltered until the return of another enumeration, and shall
at all times consist of contiguous territory; and no county shall be
divided in the formation of a senate district, unless such county
shall be equitably entitled to two or more senators.
Sec. 6. The house of representatives shall be composed of one
hundred and twenty representatives, biennially chosen by ballot, to
be elected by the counties respectively, according to their population,
North Carolina— 1868 2805
and each county shall have at least one representative in the house of
representatives, although it may not contain the requisite ratio of
representation; this apportionment shall be made by the general
assembly at the respective times and periods when the districts for
the senate are hereinbefore directed to be laid off.
Sec. 7. In making the apportionment in the house of representa-
tives, the ratio of representation shall be ascertained by dividing the
amount of the population of the State, exclusive of that compre-
hended within those counties which do not severally contain the
one hundred and twentieth part of the population of the State, by the
number of representatives, less the number assigned to such counties :
and in ascertaining the number of the population of the State, aliens
and Indians not taxed shall not be included. To each county con-
taining the said ratio and not twice the said ratio, there shall l)e
assigned one representative ; to each county containing twice, but not
three times the said ratio, there shall be assigned two representa-
tives, and so on progressively, and then the remaining representatives
shall be assigned severally to the counties having the largest fractions.
Sec. 8. Until the general assembly shall have made the apportion-
ment as hereinbefore provided, the house of representatives shall be
composed of members elected from the counties in the following
manner, to wit:
The county of Wake shall elect four members; the counties of
Craven, Granville, Halifax, and New Hanover shall elect three
members each; the counties of Caswell, Chatham, Cumberland, Da-
vidson, Duplin, Edgecombe, Franklin, Guilford, Iredell, Johnston,
Mecklenburg, Northampton, Orange, Pitt, Kandolph, Robeson, Rock-
ingham, Rowan, AVarren, and Wayne shall elect elect two members
each ; the counties of Alamance, Alexander, Alleghany, Anson, Ashe,
Beaufort, Bertie, Bladen, Brunswick, Buncombe, Burke, Cabarrus,
Caldwell, Camden, Carteret, Catawba, Cherokee, Chowan, Clay,
Cleveland, Columbus, Currituck, Davie, Forsythe, Gaston, Gates,
Greene, Harnett, Henderson, Haywood, Hertford, Hyde, Jackson,
Jones, Lenoir, Lincoln, Macon, Madison, Martin, McDowel, Mitchel,
Montgomery, Moore, Nash, Onslow, Pasquotank, Perquimans, Person,
Polk, Richmond, Rutherford, Sampson, Stanly, Stokes, Surry, Tran-
sylvania, Tyrrell, Union, Washington, Watauga, Wilkes, Wilson,
Yadkin, and Yancy, shall elect one member each.
Sec. 9. Each member of the senate shall not be less than twenty-five
years of age, shall have resided in the State as a citizen two years,
and shall have usually resided in the district for which he is chosen
one year immediately preceding his election.
Sec. 10. Each member of the house of representatives shall be a
qualified elector of the State, and shall have resided in the county for
which he is chosen for one year immediately preceding his election.
Sec. 11. In the election of all officers whose appointment shall be
conferred upon the general assembly by the constitution, the vote shall
be viva voce.
Sec. 12. The general assembly shall have power to pass general laws
regulating divorce and alimony, but shall not have power to grant a
divorce or secure alimony in any individual case.
Sec. 13. The general assembly shall not have power to pass any
private law to alter the name of any person, or to legitimate any per-
son not born in lawful wedlock, or to restore to the rights of citizen-
2806 North Carolina— 1868
ship any person convicted of an infamous crime, but shall have power
to pass general laws regulating the same.
Sec. 14. The general assembly shall not pass any private law, unless
it shall be made to appear that thirty days' notice of application to
pass such law shall have been given, under such direction and in such
manner as shall be provided by law.
Sec. 15. If vacancies shall occur in the general assembly by death,
resignation, or otherwise, writs of election shall be issued by the gov-
ernor under such regulations as may be prescribed by law.
Sec. 16. No law shall be passed to raise money on the credit of the
State, or to pledge the faith of the State directly or indirectly for the
payment of any debt, or to impose any tax upon the people of the
State, or to allow the counties, cities, or towns to do so, unless the bill
for the purpose shall have been read three several times in each house
of the general assembly, and passed three several readings, which
readings shall have been on three different days, and agreed to by
each house respectively, and unless the yeas and nays on the second
and third readings of the bill shall have been entered on the journal.
Sec. 17. The general assembly shall regulate entails in such manner
as to prevent perpetuities.
Sec. 18. Each house shall keep a journal of its proceedings, which
shall be printed and made public immediately after the adjournment
of the general assembly.
Sec. 19. Any member of either house ma;^ 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
journal.
Sec. 20. The house of representatives shall choose their own
speaker and other officers.
Sec. 21. The lieutenant-governor shall preside in the senate, but
shall have no vote, unless it may be equally divided.
Sec. 22. The senate shall choose its own officers and also a speaker
pro tempore in the absence of the lieutenant-governor, or when he
shall exercise the office of governor.
Sec. 23. The style of the acts shall be, ''The general assembly of
North Carolina do enacts
Sec. 24. Each house shall be judge of the qualifications and elec-
tions of its own members, shall sit upon its own adjournment from
day to day, prepare bills to be passed into laws, and the two houses
may also jointly adjourn to any future day, or other place.
Sec. 25. All bills and resolutions of a legislative nature shall be
read three times in each house, before they pass into laws ; and shall
be signed by the presiding officers of both houses.
Sec. 26. Each member of the general assembly, before taking his
seat, shall take an oath or affirmation that he will support the Con-
stitution and laws of the United States, and the constitution of the
State of North Carolina, and will faithfully discharge his duty as
a member of the senate or house of representatives.
Sec. 27. The terms of office for senators and members of the house
of representatives shall commence at the time of their election; and
the term of office of those elected at the first election held under this
constitution shall terminate at the same time as if they had been
elected, at the first ensuing regular election.
b
North Carolina— 1868 2807
Sec. 28. Upon motion made and seconded in either house, by one-
fifth of the members present, the yeas and nays upon any question
shall be taken and entered upon the journals.
Sec. 20. The election ' for members of the general assembly shall
be held for the respective districts, and counties, at the places where
they are now held, or may be directed hereafter to be held, in such
manner as. may be prescribed by law, on the first Thursday in August,
in the year one thousand eight hundred and seventy, and every two
years thereafter. But the general assembly may change the time of
holding the elections. The first election shall be held when the vote
shall be taken on the ratification of this constitution by the voters of
the State, and the general assembly then elected shall meet on the
15th day after the approval thereof by the Congress of the United
States, if it fall not on Sunday, but if it shall so fall, then on the
next day thereafter; and the members then elected shall hold their
seats until their successors are elected at a regular election.
Article III
EXECUTIVE DEPARTMENT
Section 1. The executive department shall consist of a governor,
(in whom shall be vested the supreme executive power of the State,)
a lieutenant-governor, a secretary of state, an auditor, a treasurer, a
superintendent of public works, a superintendent of public instruc-
tion, and an attorney-general, who shall be elected for a term of four
years, by the qualified electors of the State, at the same time and
places, and in the same manner as members of the general assembly
are elected. Their term of office shall commence on the first day of
January next, after their election, and continue until their successors
are elected and qualified: Provided, That the officers first elected
shall assume the duties of their office ten days after the approval of
the constitution by the Congress of the United States, and shall hold
their offices four years from and after the first day of January, 1869.
Sec. 2. No person shall be eli^ble as governor or lieutenant-
fovernor, unless he shall have attained the age of thirty years, shall
ave been a citizen of the United States five years, and shall have been
a resident of this State for two years next before the election; nor
shall the person elected to either of these two offices be eligible to the
same office more than four years in an^ term of eight years, imless
the office shall have been cast upon him as lieutenant-governor or
president of the senate.
Sec. 3. The return of every election for officers of the executive
department shall be sealed up and transmitted to the seat of govern-
ment by the returning officers, directed to the speaker of the house of
representatives, who shall open and publish the same in the presence
of a majority of the members of both houses of the general assembly.
The persons having the highest number of votes respectively shall
be declared duly elected ; but if two or more be equal and highest in
votes for the same office, then one of them shall be chosen by joint
ballot of both houses of the general assembly. Contested elections
shall be determined by a joint vote of both houses of the general
assembly, in such manner as shall be prescribed by law.
2808 North Carolina— 1868
Sec. 4. The governor, before entering upon the duties of his office,
shall, in the presence of the members of both branches of the general
assembly, or before any justice of the supreme court, take an oath
or affirmation that he will support the Constitution and laws of the
United States and of the State of North Carolina, and that he will
faithfully perform the duties appertaining to the office of governor
for which he has been elected.
Sec. 5. The governor shall reside at the seat of government of this
State, and he shall, from time to time, give the general assembly
information of the affairs of the State, and recommend to their con-
sideration such measures as he shall deem expedient.
Sec. 6. The governor shall have power to grant reprieves, commu-
tations, and pardons, after conviction, for all offences, (except in
cases of impeachment,) upon such conditions as he may think proper,
subject to such regulations as may be provided by law relative to the
manner of applying for pardons. He shall annually communicate
to the general assembly each case, of reprieve, commutation, or par-
don granted, stating the name of each convict, the crime for which
he was convicted, the sentence and its date, the date of commutation,
pardon, or reprieve, and the reasons therefor.
Sec. 7. The officers of the executive department and of the public
institutions of the State shall, at least five days previous to each
regular session of the general assembly, severally report to the gov-
ernor, who shall transmit such reports, with his message, to the
general assembly; and the governor may at any time require infor-
mation in writing from the officers in the executive department upon
any subject relating to the duties of their respective offices, and shall
take care that the laws be faithfully executed.
Sec. 8. The governor shall be commander-in-chief of the militia of
the State, except when they shall be called into the service of the
United States.
Sec. 9. The governor shall have power on extraordinary occasions,
by and with the advice of the council of state, to convene the general
assembly in extra session by his proclamation, stating therein the
purpose or purposes for which they are thus convened.
Sec. 10. The governor shall nominate and, by and wdth the advice
and consent of a majority of the senators-elect, appoint all officers
whose offices are established by this constitution, or which shall be
created by law, and whose appointments are not otherwise provided
for, and no such officer shall be appointed or elected by the general
assembly.
Sec. 11. The lieutenant-governor shall be president of the senate,
but shall have no vote unless the senate be equally divided. He
shall, whilst acting as president of the senate, receive for his services
the same pay which shall for the same period be allowed to the
speaker of the house of representatives, and he shall receive no other
compensation except Avhen he is acting as governor.
Sec. 12. In case of the impeachment of the governor, his failure
to qualify, his absence from the State, his inability to discharge the
duties of his office, or in case the office of governor shall in anywise
become vacant, the powers, duties, and emoluments of the office shall
devolve upon the lieutenant-governor imtil the disabilities shall cease,
or a new governor shall be elected and qualified. In every case in
which the lieutenant-governor shall be unable to preside over the
North Carolina— 1868 2809
senate, the senators shall elect one of their own number president of
their body; and the powers, duties, and emoluments of the office of
governor shall devolve upon him whenever the lieutenant-governor
shall, for any reason, be prevented from discharging the duties of
such office as above provided, and he shall continue as acting gov-
ernor until the disabilities be removed or a new governor or lieu-
tenant-governor shall be elected and qualified. Whenever, during the
recess of the general assembly, it shall become necessary for a presi-
dent of the senate to administer the government, the secretary of state
shall convene the senate, that they may elect such president.
Sec. 13. The respective duties of the secretary of state, auditor,
treasurer, superintendent of public works, superintendent of public
instruction, and attorney-general shall be prescribed by law. If the
office of any of said officers shall be vacated by death, resignation, or
otherwise, it shall be the duty of the governor to appoint another
until the disability be removed or his successor be elected and quali-
fied. Every such vacancy shall be filled by election, at the first gen-
eral election that occurs more than thirty days after the vacancy has
taken place, and the person chosen shall hold the office for the re-
mainder of the unexpired term fixed in the first section of this article.
Sec. 14. The secretary of state, auditor, treasurer, superintendent
of public works, and superintendent of public instruction shall con-
stitute, ex officio^ the council of the State, who shall advise the gov-
ernor in the execution of his office, and three of w^hom shall constitute
a quorum; their advice and proceedings in this capacity shall be
entered in a journal, to be kept for this purpose exclusively, and
signed by the members present, from any part of which any member
may enter his dissent; and such journal shall be placed before the
general assembly when called for by either house. The attorney-
general shall be, ex officio^ the legal advisor of the executive depart-
ment.
Sec. 15. The officers mentioned in this article shall, at stated peri-
ods, receive for their services a compensation to be established by law,
which shall neither be increased nor diminished during the time for
which they shall have been elected, and the said officers shall receive
no other emolument or allowance whatever.
Sec. 16. There shall be a seal of the State, which shall be kept by
the governor, and used by him, as occasion may require, and shall be
called " The Great Seal of the State of North Carolina." All grants
and commissions shall be issued in the name and by the authority of
the State of North Carolina, sealed with the great seal of the State,
signed by the governor, and countersigned by the secretary of state.
Sec. 17. There shall be established in the office of secretary of state
a bureau of statistics, agriculture, and immigration, under such regu-
lations as the general assembly may provide.
Article IV
judicial department
Section 1. The distinction between actions at law and suits in
equity, and the forms of all such actions and suits, shall be abolished,
and there shall be in this State but one form of action for the enforce-
ment or protection of private rights, or the redress of private wrongs,
2810 North Carolina— 1868
which shall be denominated a civil action ; and every action prosecuted
by the people of the State as a party, against a person charged with a
public offence, for the punishment of the same, shall be termed a
criminal action. Feigned issues shall also be abolished, and the fact
at issue tried by order of court before* a jury.
Sec. 2. Three commissioners shall be appointed by this convention
to report to the general assembly, at its first session after this constitu-
tion shall be adopted by the people, rules of practice and procedure in
accordance with the provisions of the foregoing section, and the con-
vention shall provide for the commissioners a reasonable compensa-
tion.
Sec. 3. The same commissioners shall also report to the general
assembly, as soon as practicable, a code of the law of North Carolina.
The governor shall have power to fill all vacancies occurring in this
commission.
Sec. 4. The judicial power of the State shall be vested in a court
for the trial of impeachments, a supreme court, superior courts, courts
of justices of the peace, and special courts.
Sec. 5. The court for the trial of impeachments shall be the senate.
A majority of the members shall be necessary to a quorum, and the
judgment shall not extend beyond removal from, and disqualification
to hold, office in this State; but the party shall be liable to indict-
ment and punishment according to law.
Sec. 6. The house of representatives solely shall have the power of
impeaching. No person shall be convicted without the concurrence
of two-thirds of the senators present. When the governor is im-
peached, the chief justice shall preside.
Sec. T. Treason against the State shall consist only in levying war
against it or 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 on confession in open court.
No conviction of treason or attainder shall work corruption of blood
or forfeiture.
Sec. 8. The supreme court shall consist of a chief justice and four
associate justices.
Sec. 9. There shall be two terms of the supreme court held at the
seat of government of the State in each year, commencing on the first
Monday in January and the first Monday in June, and continuing
as long as the public interests may require.
Sec. 10. The supreme court shall have jurisdiction to review, upon
appeal, and decision of the courts below ujDon any matter of law or
legal inference; but no issue of fact shall be tried before this court;
and the court shall have power to issue any remedial writs necessary
to give it a general supervision and control of the inferior courts.
Sec. 11. The supreme court shall have original jurisdiction to hear
claims against the State, but its decisions shall be merely recom-
mendatory ; no process in the nature of execution shall issue thereon ;
they shall be reported to the next session of the general assembly for
its action.
Sec. 12. The State shall be divided into twelve judicial districts,
for each of which a judge shall be chosen, who shall hold a supierior
court in each county in said district, at least twice in each year, to
continue for two weeks, unless the business shall sooner be disposed of.
North Carolina— 1868 2811
Sec. 13. Until altered by law, the following shall be the judicial
districts :
First district. — Currituck, Camden, Pasquotank, Perquimans,
Chowan, Gates, Hertford, and Bertie.
Second district. — Tyrrell, Hyde, Washington, Beaufort, Martin,
Pitt, and Edgecombe.
Third district. — Craven, Carteret, Jones, Greene, Onslow, iJenoir,
Wayne, and Wilson.
Fourth district. — Brunsw^ick, New Hanover, Duplin, Columbus,
Bladen, Sampson, and Robeson.
Fifth district. — Cumberland, Harnett, Moore, Richmond, Anson,
Montgomery, Stanly, and Union.
Sixth district. — Northampton, Warren, Halifax, Wake, Nash,
Franklin, Johnston, and Granville.
Seventh district. — Person, Orange, Chatham, Randolph, Guilford,
Alamance, Caswell, and Rockingham.
Eighth district. — Stokes, Forsyth, Davidson, Rowan, Davie, Yad-
kin, and Surry.
Ninth district. — Catawba, Cabarrus, Mecklenburg, Lincoln, Gaston,
Cleveland, Rutherford, and Polk.
Tenth district. — Iredell, Burke, Caldwell, Wilkes, Alexander, and
McDowel.
Eleventh district. — Alleghany, Ashe, Watauga, Mitchell, Yancy,
Madison, and Buncombe.
Twelfth district. — Henderson, Transylvania, Haywood, Macon,
Jackson, Clay, and Cherokee.
Sec. 14. Every judge of a superior court shall reside in his district
while holding his office. The judges may exchange districts with
each other with the consent of the governor, and the governor, for
good reasons, which he shall report to the legislature at its current or
next session, may require any judge to hold one or more specified
terms of said courts in lieu of the judge in whose district they are.
Sec. 15. The superior courts shall have exclusive original jurisdic-
tion of all civil actions, whereof exclusive original jurisdiction is not
given to some other courts ; and of all criminal actions, in which the
punishment may exceed a fine of fifty dollars or imprisonment for one
month.
Sec. 16. The superior courts shall have appellate jurisdiction of all
issues of law or fact, determined by a probate judge or a justice of
the peace, where the matter in controversy exceeds twenty-five dol-
lars, and of matters of law in all cases.
Sec. 17. The clerks of the superior courts shall have jurisdiction
of the probate of deeds, the granting of letters testamentary and of
administration, the appointment of guardians, the apprenticing of
r)rphans, to audit the accounts of executors, administrators, and
guardians, and of such other matters as shall be prescribed by law.
All issues of fact joined before them shall be transferred to the
superior courts for trial, and appeals shall lie to the superior courts
from their judgments in all matters of law.
Sec. 18. In all issues of fact, joined in any court, the parties may
waive the right to have the same determined by jury, in which case
the finding of the judge upon the facts shall have the force and effect
of a verdict of a jury.
2812 North Carolina— 1868
Sec. 19. The general assembly shall provide for the establishment
of special courts, for the trial of misdemeanors, in cities and towns,
where the same may be necessary.
Sec. 20. The clerk of the supreme court shall be appointed by the
court, and shall hold his office for eight years.
Sec. 21. A clerk of the superior court for each county shall be
elected by the qualified voters thereof, at the time and in the manner
prescribed by law for the election of members of the general assembly.
Sec. 22. Clerks of the superior courts shall hold their offices for
four years.
Sec. 23. The general assembly shall prescribe and regulate the fees,
salaries, and emoluments of all officers provided for in this article;
but the salaries of the judges shall not be diminished during their
continuance in office.
Sec. 24. The laws of North Carolina, not repugnant to this con-
stitution or to the Constitution and laws of the United States, shall be
in force until lawfully altered.
Sec. 25. Actions at law, and suits in equity, pending when this con-
stitution shall go into effect, shall be transferred to the courts having
jurisdiction thereof, without prejudice by reason of the change, and
all such actions and suits, commenced before, and pending at, the
adoption by the general assembly of the rules of practice and pro-
cedure herein provided for, shall be heard and determined according
to the practice now in use, unless otherwise provided for by said rules.
Sec. 26. The justices of the supreme court shall be elected by the
qualified voters of the State, as is provided for the election of members
of the general assembly. They shall hold their offices for eight years.
The judges of the superior courts shall be elected in like manner, and
shall hold their offices for eight years; but the judges of the superior
courts elected at the first election under this constitution shall, after
their election, under the superintendence of the justices of the supreme
court, be divided by lot into two equal classes, one of which shall hold
office for four years, the other for eight years.
Sec. 27. The general assembly may provide by law that the judges
of the superior courts, instead of being elected by the voters of the
whole State, as is herein provided for, shall be elected by the voters
of their respective districts.
Sec. 28. The superior courts shall be, at all times, open for the
transaction of all business within their jurisdiction, except the trial
of issues of fact requiring a jury.
Sec. 29. A solicitor shall be elected for each judicial district by the
qualified voters thereof, as is prescribed for members of the general
assembly, who shall hold office for the term of four years, and prose-,
cute on behalf of the State, in all criminal actions in the superior
courts, and advise the officers of justice in his district.
Sec. 30. In each county a sheriff and coroner shall be elected by the
qualified voters thereof, as is prescribed for members of the general
assembly, and shall hold their offices for two years. In each town-
ship there shall be a constable, elected in like manner by the voters
thereof, who shall hold his office for two years. When there is no
coroner in the county, the clerk of the superior court for the county
may appoint one for special cases. In case of a vacancy existing for
North Carolina— 1868 2813
any cause, in any of the offices created by this section, the commis-
sioners for the county may appoint to such office for the unexpired
term.
Sec. 31. All vacancies occurring in the offices provided for by this
article of this constitution shall be filled by the appointment of the
governor, unless otherwise provided for ; and the appointees shall hold
their places until the next regular election.
Sec. 32. The officers elected at the first election held under this
constitution shall hold their offices for the terms prescribed for them
respectively, next ensuing after the next regular election for members
of the general assembly ; but their terms shall begin upon the approval
of this constitution by the Congress of the United States.
Sec. 33. The several justices of the peace shall have exclusive orig-
inal jurisdiction, under such regulations as the general assembly shall
prescribe, of all civil actions, founded on contract, wherein the sum
demanded shall not exceed tw^o hundred dollars, and wherein the title
to real estate shall not be in controversy ; and of all criminal matters
arising within their counties, where the punishment cannot exceed
a fine of fifty dollars, or imprisonment for one month. When an
issue of fact shall be joined before a justice, on demand of either party
thereto, he shall cause a jury of six men to be summoned, who shall
try the same. The party against whom judgment shall be rendered
in any civil action may appeal to the superior court from the same,
and, if the judgment shall exceed twenty-five dollars, there may be a
new trial of the whole matter in the appellate court ; but if the judg-
ment shall be for twenty-five dollars or less, then the case shall be
heard in the appellate court only upon matters of law. In all cases of
a criminal nature, the party against whom judgment is given may
appeal to the superior court, w^here the matter shall be heard anew.
In all cases brought before a justice, he shall make a record of the
proceedings, and file the same with the clerk of the superior court for
his county.
Sec. 34. When the office of justice of the peace shall become vacant,
otherwise than by expiration of the term, and in case of a failure by
the voters of any district to elect, the clerk of the superior court for
the county shall appoint to fill the vacancy for the unexpired term.
Sec. 35. In case the office of clerk of a superior court for a county
shall become vacant, otherwise than by the expiration of the term,
and in case of a failure by the people to elect, the judge of the superior
court for the county shall appoint to fill the vacancy until an election
can be regularly held.
Article V
revenue and taxation
Section 1. The general assembly shall levy a capitation-tax on
every male inhabitant of the State over twenty-one and under fifty
years of age, which shall be equal, on each, to the tax on property val-
ued at three hundred dollars in cash. The commissioners of the sev-
eral counties may exempt from capitation- tax in special cases, on
account of poverty and infirmity, and the State and county caj^ita-
tion-tax combined shall never exceed two dollars on the head.
2814 North . Carolina— 1868
Sec. 2. The proceeds of the State and county capitation-tax shall
be applied to the purposes of education and the support of the poor,
but in no one year shall more than twenty-five per cent, thereof be
appropriated to the latter purpose.
Sec. 3. Laws shall be passed, taxing by a uniform rule all moneys,
credits, investments in bonds, stocks, joint-stock companies, or other-
wise ; and, also, all real and personal property, according to its true
value in money. The general assembly may also tax trades, profes-
sions, franchises, and incomes : Provided^ That no income shall be
taxed when the property from Avhich the income is derived is taxed.
Sec. 4. The general assembly shall, by appropriate legislation and
by adequate taxation, provide for the prompt and regular payment
of the interest on the public debt, and, after the year 1880, it shall lay
a specific annual tax upon the real and personal property of the State,
and the sum thus realized shall be set apart as a sinking-fund,. to be
devoted to the payment of the public debt.
Sec. 5. Until the bonds of the State shall be at par, the general
assembly shall have no power to contract any new debt or pecuniary
obligation in behalf of the State, except to supply a casual deficit, or
for suppressing invasion or insurrection, unless it shall in the same
bill levy a special tax to pay the interest annuall}^ And the general
assembly shall have no power to give or lend the credit of the State
in aid of any person, association, or corporation, except to aid in the
completion of such railroads as may be unfinished at the time of the
adoption of this constitution, or in which the State has a direct
pecuniary interest, unless the subject be submitted to a direct vote
of the people of the State, and be approved by a majority of those
who shall vote thereon.
Sec. 6. Property belonging to the State, or to municipal corpora-
tions, shall be exempt from taxation. The general assembly may
exempt cemeteries, and property held for educational, scientific, liter-
ary, charitable, or religious purposes; also, wearing-apparel, arms
for muster, household and kitchen furniture, the mechanical and
agricultural implements of mechanics and farmers, libraries, and
scientific instruments, to a value not exceeding three hundred dollars.
Sec. 7. The taxes levied by the commissioners of the several coun-
ties, for county purposes, shall be levied in like manner with the State
taxes, and shall never exceed the double of the State tax, except for
a special purpose, and with the special approval of the general
assembly.
Sec. 8. Every act of the general assembly, levying a tax, shall
state the special object to which it is to be applied, and it shall be
applied to no other purpose.
Article VI
SUFFRAGE AND ELIGIBILITY TO OFFICE
Section 1. Every male person born in the United States, and every
male person who has been naturalized, twenty-one years old or
upward, who shall have resided in this State twelve months next pre-
ceding the election, and thirty days in the county in which he offers
to vote, shall be deemed an elector.
North Carolina— 1868 2815
Sec. 2. It shall be the duty of the general assembly to provide from
time to time, for the registration of all electors, and no person shall
be allowed to vote without registration, or to register, without first
taking an oath or affirmation to support and maintain the Constitu-
tion and laws of the United States, and the constitution and laws of
North Carolina, not inconsistent therew^ith.
Sec. 3. All elections by the people shall be by ballot, and all elec-
tions by the general assembly shall be viva voce.
Sec. 4. Every voter, except as hereinafter provided, shall be eligi-
ble to office ; but before entering upon the discharge of the duties of
his office, he shall take and subscribe the following oath : " I,
-, do solemnly swear [or affirm] that I will support and maintain
the Constitution and laws of the United States, and the constitution
and laws of North Carolina not inconsistent therewith, and that I will
faithfully discharge the duties of my office : so help me God.''
Sec. 5. The following classes of persons shall be disqualified for
office: first, all persons who shall deny the being of Almighty (xod;
second, all persons who shall have been convicted of treason, perjury,
or of any other infamous crime, since becoming citizens of the United
States, or of corruption, or malpractice in office, unless such persons
shall have been legally restored to the rights of citizenship.
Article YII
municipal corporations
Section 1. In each county, there shall be elected, biennially, by the
qualified voters thereof, as provided for the election of members of
the general assembly, the following officers: A treasurer, register of
deeds, surveyor, and five commissioners.
Sec. 2. It shall be the duty of the commissioners to exercise a gen-
oral supervision and control of the penal and charitable institutions,
schools, roads, bridges, levying of taxes, and finances of the county,
as may be prescribed by law. The register of deeds shall be ex-ofjicio
clerk of the board of commissioners.
Sec. 3. It shall be the duty of the commissioners first elected in
each county to divide the same into convenient districts, to determine
the boimdaries, and prescribe the names of the said districts, and
report the same to the general assembly before the first day of Janu-
ary, 1869.
Sec. 4. Upon the approval of the reports provided for in the fore-
going section, by the general assembly, the said districts shall have
corporate powers for the necessary purposes of local government, and
shall be known as townships.
Sec. 5. In each township there shall be biennially elected, by the
qualified voters thereof, a clerk and tw^o justices of the peace," who
shall constitute a board of trustees, and shall, under the supervision
of the county commissioners, have control of the taxes and finances,
roads, and bridges of the township, as may be prescribed by law.
The general assembly may provide for the election of a larger num-
ber o-f justices of the peace in cities and towns, and in those town-
ships in which cities and towns are situated. In every township
2816 North Carolina— 1868
there shall also be biennially elected a school committee, consisting of
three persons, whose duty shall be prescribed by law.
Sec. 6. The township board of trustees shall assess the taxable
property of their townships and make return to the county commis-
sioners for revision, as may be prescribed by law. The clerk shall
also be ex-offlcio treasurer of the township.
Sec. 7. No county, city, town, or other municipal corporation shall
contract any debt, pledge its faith, or loan its credit, nor shall any
tax be levied or collected by any officers of the same, except for the
necessary expenses thereof, unless by a vote of a majority of the
qualified voters therein.
Sec. 8. No money shall be drawn from any county or township
treasury except by authority of law.
Sec. 9. All taxes levied by any county, city, town, or township shall
be uniform and ad valorem upon all property in the same, except
j^roperty exempted by this constitution. *
Sec. 10. The county officers first elected under the provisions of
this article shall enter upon their duties ten days after the approval
of this constitution by the Congress of the United States.
Sec. 11. The governor shall appoint a sufficient number of justices
of the peace in each county, who shall hold their places until sections
four, five, and six of this article shall have been carried into effect.
Sec. 12. All charters, ordinances, and provisions relating to munic-
ipal corporations shall remain in force until legally changed, unless
inconsistent with the provisions of this constitution.
Sec. 13. No county, city, town, or other municipal corporation shall
assume or pay, nor shall any tax be levied or collected for the pay-
ment of, any debt, or the interest upon any debt, contracted, directly
or indirectly, in aid or support of the rebellion.
Article VIII
corporations other than municipal
Section 1. Corporations may be formed under general laws, but
shall not be created by special act, except for municipal purposes, and
in cases where, in the judgment of the legislature, the object of the
corporations cannot be attained under general laws. All general
laws and special acts passed pursuant to this section may be altered,
from time to time, or repealed.
Sec. 2. Dues from corporations shall be secured by such individual
liabilities of the corporations and other means as may be prescribed
by law.
Sec. 3. The term " corporation," as used in this article, shall bo
construed to include all associations and joint-stock companies having
any of the powers and privileges of corporations not possessed by
individuals or partnerships. And all corporations shall have the
right to sue, and shall be subject to be sued, in all courts in like cases
as natural persons.
Sec. 4. It shall be the duty of the legislature to provide for the
organization of cities, towns, and incorporated villages, and to re-
strict their power of taxation, assessments, borrowing money, con-
tracting debts, and loaning their credit, so as to prevent abuses in
assessments and in contracting debts by such municipal corporation.
North Carolina— 1868 2817
Article IX
EDUCATION
Section 1. Religion, morality, and knowledge being necessary to
good government and happiness of mankind, schools and the means
of education shall forever be encouraged.
Sec. 2. The general assembly, at its first session under this consti-
tution, shall provide, by taxation and otherwise, for a general and
uniform system of public schools, wherein tuition shall be free of
charge to all the children of the State between the ages of six and
twenty-one years.
Sec. 3. Each county of the State shall be divided into a convenient
number of districts, in which one or more public schools shall be
maintained, at least four months in every year; and if the commis-
sioners of any county shall fail to comply with the aforesaid require-
ments of this section, they shall be liable to indictment.
Sec. 4. The proceeds of all lands that have been, or hereafter may
be, granted by the United States to this State, and not otherwise
specially appropriated by the United States or heretofore by this
State; also, all moneys, stocks, bonds, and other property now
belonging to any fund for purposes of education; also, the net pro-
ceeds that may accrue to the State from sales of estrays, or from fines,
penalties, and forfeitures; also, the proceeds of all sales of the
swamp-lands belonging to the State; also, all money that shall be
paid as an equivalent for exemption from military duty; also, all
grants, gifts, or devises that may hereafter be made to this State, and
not otherwise appropriated by the grant, gift, or devise, shall be
securely invested, and sacredly preserved as an irreducible educa-
tional fund, the annual income of which, together with so much of
the ordinary revenue of the State as may be necessary, shall be faith-
fully appropriated for establishing and perfecting in this State a
system of free public schools, and for no other purposes or uses what-
soever.
Sec. 5. The University of North Carolina, with its lands, emolu-
ments, and franchises, is under the control of the State, and shall be
held to an inseparable connection with the free public-school system
of the State.
Sec. 6. The general assembly shall provide that the benefits of the
university, as far as practicable, be extended to the youth of the
State free of expense for tuition; also, that all the property which
has heretofore accrued to the State, or shall hereafter accrue, from
escheats, unclaimed dividends, or distributive shares of the estates of
deceased, persons, shall be appropriated to the use of the university.
Sec. 7. The governor, lieutenant-governor, secretary of state, treas-
urer, auditor, superintendent of public works, superintendent of pub-
lic instruction, and attorney -general, shall constitute a State board of
education.
Sec. 8. The governor shall be president, and the superintendent of
public instruction shall be secretary, of the board of education.
Sec. 9. The board of education shall succeed to all the powers and
trusts of the president and directors of the literary fund of North
Carolina, and shall have full power to legislate and make all needful
2818 North Carolina— 1868
rules and regulations in relation to free public schools and the edu-
cational fund of the State; but all acts, rules, and regulations of
said board may be altered, amended, or repealed by the general assem-
bly, and when so altered, amended, or repealed, they shall not be re-
enacted by the board.
Sec. 10. The first session of the board of education shall be held at
the capital of the State, within fifteen days after the organization of
the State government under this constitution; the time of future
meetings may be determined by the board.
Sec. 11. A majority of the board shall constitut;e a quorum for the
transaction of business.
Sec. 12. The contingent expenses of the board shall be provided
for by the general assembly.
Sec. 13. The board of education shall elect trustees for the univer-
sity, as follows: One trustee for each county in the State, whose term
of office shall be eight years. The first meeting of the board shall
be held within ten days after their election, and at this and every
subsequent meeting ten trustees shall constitute a quorum. The trus-
tees at their first meeting shall be divided, as equally as may be, into
four classes. The seats of the first class shall be vacated at the expi-
ration of two years; of the second class, at the expiration of four
years ; of the third class, at the expiration of six years ; of the fourth
class, at the expiration of eight years; so that one-fourth may be
chosen every second year.
Sec. 14. The board of education and the president of the univer-
sity, shall be ex-offlcio members of the board of trustees of the uni-
versity; and shall, with three other trustees, to be appointed by the
board of trustees, constitute the executive committee of the trustees
of the University of North Carolina, and shall be clothed with the
powers delegated to the executive committee under the existing
organization of the institution. The governor shall be ex-offlcio
president of the board of trustees and chairman of the executive com-
mittee of the university. The board of education shall provide for
the more perfect organization of the board of trustees.
Sec. 15. All the privileges, rights, franchises, and endowments
heretofore granted to, or conferred upon, the board of trustees of the
University of North Carolina by the charter of 1789, or by any sub-
sequent legislation, are hereby vested in the board of trustees, author-
ized by this constitution, for the perpetual benefit of the university.
Sec. 16. As soon as practicable after the adoption of this constitu-
tion, the general assembly shall establish and maintain, in connection
with the university, a department of agriculture, of mechanics, of
mining, and of normal instruction.
Sec. 17. The general assembly is hereby empowered to enact that
every child of sufficient mental and physical ability, shall attend the
public schools, during the period between the ages of six and eighteen
years, for a term of not less than sixteen months, unless educated by
other means.
Article X
homesteads and exemptions
Section 1. The personal property of any resident of this State, to
the value of five hundred dollars, to be selected by such resident,
North Carolina— 1868 2819
shall be, and is hereby, exempted from sale under execution, or other
final process of any court, issued for the collection of any debt.
Sec. 2. Every homestead, and the dwelling and buildings used
therewith, not exceeding in value one thousand dollars, to be selected
by the owner thereof, or, in lieu thereof, at the option of the owner,
any lot in a city, town, or village, with the dwelling and buildings
used thereon, owned and occupied by any resident of this State, and
not exceeding the value of one thousand dollars, shall be exempted
from sale under execution, or other final process, obtained on any
debt. But no property shall be exempt from sale for taxes, or for
payment of obligations contracted for the purchase of said premises.
Sec. 3. The homestead, after the death of the owner thereof, shall
be exempt f rqm the payment of any debt, during the minority of his
children, or any one of them.
Sec. 4. The provisions of sections one and two of -this article shall
not be so construed as to prevent a laborer's lien for work done and
performed for the person claiming such exemption, or a mechanic's
lien for work done on the premises.
Sec. 5. If the owner of a homestead die, leaving a widow, but no
children, the same shall be exempt from the debts of her husband,
and the rents and profits thereof shall inure to her benefit during her
widowhood, unless she be the owner of a homestead in her own right.
Sec. 6. The real and personal property of any female in this State,
acquired before marriage, and all property, real and personal, to
which she may after marriage, become in any manner entitled, shall
be and remain the sole and separate estate and property of such
female, and shall not be liable for any debts, obligations, or engage-
ments of her husband, and may be devised or bequeathed, and, with
the written assent of her husband, conveyed, by her, as if she were
unmarried.
Sec. 7. The husband may insure his own life for the sole use and
benefit of his wife and children, and in case of the death of the hus-
band, the amount thus insured shall be paid over to the wife and
children, or the guardian, if under age, for her, or their own use, free
from all the claims of the representatives of the husband or any of
his creditors.
Sec. 8. Nothing contained in the foregoing sections of this article
shall operate to prevent the owner of a homestead from disposing of
the same by deed, but no deed made by the owner of a homestead
shall be valid without the voluntary signature and assent of his wife,
signified on her private examination according to law.
Article XI
punishments, penal institutions, and public charities
Section 1. The following punishments only shall be known to the
laws of this State, viz: Death, imprisonment with or without hard
labor, fines, removal from office, and disqualification to hold and
enjoy any office of honor, trust, or profit under this State.
Sec. 2. The objects of punishments being not only to satisfy justice,
but also to reform the offender, and thus prevent crime, murder,
arson, burglary, and rape, and these only, may be punishable with
death, if the general assembly shall so enact.
7254— VOL 5—09 19
2820 North Carolina— 1868
Sec. 3. The general assembly shall, at its first meeting, make pro-
vision for the erection and conduct of a State's prison, or peniten-
tiary, at some central and accessible point within the State.
Sec. 4. The general assembly may provide for the erection of
houses of correction, where vagrants and persons guilty of misde-
meanors shall be restrained and usefully employed.
Sec. 5. A house or houses of refuge may be established, whenever
the public interest may require it, for the correction and instruction
of other classes of offenders.
Sec. 6. It shall be required by competent legislation that the
structure and superintendence of penal institutions of the State, the
county jails, and city police prisons, secure the health and comfort of
the prisoners, and that male and female prisoners be never confined in
the same room or cell.
Sec. 7. Beneficent provision for the poor, the unfortunate, and
orphan being one of the first duties of a civilized and Christian State,
the general assembly . shall, at its first session, appoint and define
the duties of a board of public charities, to whom shall be intrusted
the supervision of all charitable and penal State institutions, and
who shall annually report to the governor upon their condition, with
suggestions for their improvement.
Sec. 8. There shall also, as soon as practicable, be measures devised
by the State for the establishment of one or more orphan houses,
where destitute orphans may be cared for, educated, and taught some
business or trade.
Sec. 9. It shall be the duty of the legislature, as soon as practicable,
to devise means for the education of idiots and inebriates.
Sec. 10. The general assembly shall provide that all the deaf-
mutes, the blind, and the insane of the State shall be cared for at the
charge of the State.
Sec. 11. It shall be steadily kept in view by the legislature and
the board of public charities that all penal and charitable institutions
should be made as nearly self-supporting as is consistent with the
purposes of their creation.
Article XII
MILITIA
Section 1. All able-bodied male citizens of the State of North
Carolina between the ages of twenty-one and forty j^ears, Avho are
citizens of the United States, shall be liable to duty in the militia:
Provided, That all persons who may be adverse to bearing arms,
from religious scruples, shall be exempt therefrom.
Sec. 2. The general assembly shall provide for the organizing
arming, equipping, and disciplining of the militia, and for paying
the same when called into active service.
Sec. 3. The governor shall be commander-in-chief, and have power
to call out the militia to execute the law, to suppress riots or insurrec-
tion, and to repel invasion.
Sec. 4. The general assembly shall have power to make such exemp-
tions as may be deemed necessary, and to enact laws that may be
expedient -for the government of the militia.
North Carolina— 1868 2821
Article XIII
AMENDMENTS
Section 1. No convention of the people shall be called by the gen-
eral assembly unless by the concurrence of two-thirds of all the mem-
bers of each house of the general assembly.
Sec. 2. Xo part of the constitution of this State shall be altered
unless a bill to alter the same shall have been read three times in
each house of the general assembly and agreed to by three-fifths of
the whole number of members of each house, respectively ; nor shall
any alteration take place until the bill, so agreed to, shall have been
published six months previous to a new election of members to the
general assembly. If, after such publication, the alteration proposed
by the preceding general assembly shall be agreed to in the first ses-
sion thereafter by two-thirds of the whole representation in each
house of the general assembly, after the same shall have been read
three times on three several days in each house, then the said general
assembly shall prescribe a mode by which the amendment or amend-
ments may be submitted to the qualified voters of the house of repre-
sentatives throughout the State, and if, upon comparing the votes
given in the whole State, it shall appear that a majority of the voters
voting thereon have approved thereof, then, and not otherwise, the
same shall become a part of the constitution.
Article XIV
MISCELLANEOUS
Section 1. All indictments which shall have been found, or may
hereafter be found, for any crime or offence committed before this
constitution takes effect, may be proceeded upon in the proper courts,
but no punishment shall be inflicted which is forbidden by this con-
stitution.
Sec 2. No person who shall hereafter fight a duel, or assist in the
same as a second, or send, accept,, or knowingly carry a challenge
therefor, or agree to go out of this State to fight a duel, shall hold
any office in this State.
Sec. 3. No money shall be drawn from the treasury but in conse-
quence of appropriations made by law, and an accurate account of
the receipts and expenditures of the public money shall be annually
published.
Sec. 4. The general assembly shall provide by proper legislation
for giving to mechanics and laborers an adequate lien on the subject-
matter of their labor.
Sec. 5. In the absence of any contrary provision, all officers in this
State, whether heretofore elected or appointed by the governor, shall
hold their positions only until other appointments are made by the
governor, or, if the officers are elective, until their successors shall
have been chosen and duly qualified, according to the provisions of
this constitution.
Sec. 0. The seat of government in this State shall remain at the
city of Raleigh.
2822 North Carolina— 1876
Sec. 7. No person shall hold more than one lucrative office under
the State at the same time: Provided^ That officers in the militia, jus-
tices of the peace, commissioners of public charities, and commission-
ers appointed for special purposes shall not be considered officers
within the meaning of this section.
Done in convention at Ealeigh the sixteenth day of March, in the
year of our Lord one thousand eight hundred and sixty-eight, and
of the Independence of the United States the ninety-second.
Calvin J. Cowles, President,
T. A. Byrnes, Secretary.
CONSTITUTION OF NORTH CAROLINA— 1876 *
preamble
We, the people of the State of North Carolina, grateful to Al-
mighty God, the Sovereign Ruler of Nations, for the preservation of
the American Union, and the existence of our civil, political and
religious liberties, and acknowledging our dependence upon Him for
the continuance of those blessings to us and our posterity, do for the
more certain security thereof, and for the better government of this
State, ordain and establish this Constitution :
Article I
declaration or rights
That the great, general and essential principles of liberty and free
government may be recognized and established, and that the relations
of this State to the Union and Government of the United States, and
those of the people of this State to the rest of the American people,
may be defined and affirmed, we do declare :
Section 1. That we hold it to be self-evident that all men are
created equal; that they are endowed by their Creator with certain
inalienable rights; that among these are life, liberty, the enjoyment
of the fruits of their own labor, and the pursuit of happiness.
Sec. 2. That all political power is vested in, and derived from, the
people; all government of right originates from the people, is
founded upon their will only, and is instituted solely for the good of
the whole.
Sec. 3. That the people of this State have the inherent, sole and
exclusive right of regulating the internal government and police
thereof, and of altering and abolishing their constitution and form
of government whenever it may be necessary for their safety and hap-
piness ; but every such right should be exercised in pursuance of law,
and consistently with the Constitution of the United States.
Sec. 4. That this State shall ever remain a member of the American
Union; that the people thereof are a part of the American Nation;
that there is no right on the part of the State to secede, and that all
atteippts, from whatever source or upon whatever pretext, to dissolve
* Verified from official copy furnished by the Secretary of State (1907) ; no
title page; no date; 36 pp. [Editor.]
North Carolina— 1876 2823
said Union, or to sever said Nation, ought to be resisted with the
whole power of the State.
Sec. 5. That every citizen of this State owes paramount allegiance
to the Constitution and Government of the United States, and that
no law or ordinance of the State in contravention or subversion
thereof can have any binding force.
Sec. G. The State shall never assume or pay, or authorize the col-
lection of any debt or obligation, express or implied, incurred in aid
of insurrection or rebellion against the United States, or any claim
for the loss or emancipation of any slave; nor shall the General
Assembly assume or pay, or authorize the collection of any tax to
pay, either directly or indirectly, expressed or implied, any debt or
bond incurred, or issued, by authority of the Convention of the year
one thousand eight hundred and sixty-eight, nor any debt or bond,
incurred or issued by the Legislature of the year one thousand eight
hundred and sixty-eight, at its special session of the year one thou-
sand eight hundred and sixty-eight, or at its regular sessions of the
years one thousand eight hundred and sixty-eight and one thousand
eight hundred and sixty-nine and one thousand eight hundred and
seventy, except the bonds issued to fund the interest on the old debt
of the State, unless the proposing to pay the same shall have first been
submitted to the people and by them ratified by the vote of a majority
of all the qualified voters of the State, at a regular election held for
that purpose.
Sec. 7. No man or set of men are entitled to exclusive or separate
emoluments or privileges from the community but in consideration
of public services.
Sec. 8. The legislative, executive and supreme judicial powers of
the government ought to be forever separate and distinct from each
other.
Sec. 9. All power of suspending laws, or the execution of laws, by
any authority, without the consent of the representatives of the
people, is injurious to their rights, and ought not to be exercised.
Sec. 10. All elections ought to be free.
Sec. 11. In all criminal prosecutions, every man has the right to be
informed of the accusation against him and to confront the accusers
and witnesses wnth other testimony, and to have counsel for his
defence,' and not be compelled to give evidence against himself or to
pay costs, jail fees, or necessary witness fees of the defence, unless
found guilty.
Sec. 12. No person shall be put to answer any criminal charge,
except as hereinafter allowed, but by indictment, presentment or
impeachment.
Sec. 18. No person shall be convicted of any crime but by the
unanimous verdict of a jury of good and lawful men in open court.
The Legislature may, however, provide other means of trial for petty
misdemeanors, with the right of appeal.
Sec. 14. Excessive bail should not be required, nor excessive fines
imposed, nor cruel or unusual punishments inflicted.
Sec. 15. General warrants, whereby any officer or messenger may be
commanded to search suspected places, without evidence of the act
committed, or to seize any. person or persons not named, whose offence
is not particularly described and supported by evidence, are danger-
ous to liberty and ought not to be granted.
2824 North Carolina— 1876
Sec. 16. There shall be no imprisonment for debt in this State,
except in cases of fraud.
Sec. 17. No person ought to be taken, imprisoned, or disseized of
his freehold, liberties or privileges, or outlawed or exiled, or in any
manner deprived of his life, liberty or property, but by the law of
the land.
Sec. 18. Every person restrained of his liberty is entitled to a rem-
edy to enquire into the lawfulness thereof, and to remove the same,
if unlawful; and such remedy ought not to be denied or delayed.
Sec. 19. 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 inviolable.
Sec. 20. The freedom of the press is one of the great bulwarks of
liberty, and therefore ought never to be restrained, but every indi-
vidual shall be held responsible for the abuse of the same.
Sec. 21. The privileges of the writ of habeas corpus shall not be
suspended.
Sec. 22. As political rights and privileges are not dependent upon,
or modified by, property, therefore no property qualification ought
to affect the right to vote or hold office.
Sec. 23. The people of the 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.
Sec. 24. 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 ; and, as standing armies in time of peace are dangerous
to liberty, they ought not to be kept up, and the military should be
kept under strict subordination to, and governed by, the civil power.
Nothing herein contained shall justify the practice of carrying con-
cealed weapons, or prevent the Legislature from enacting penal stat-
utes against said practice.
Sec. 25. The people have a right to assemble together to consult for
their comomn good, to instruct their representatives, and to apply to
the Legislature for redress of grievances. But secret political socie-
ties are dangerous to the liberties of a free people, and should not be
tolerated.
Sec. 26. All men have a natural and unalienable right to worship
Almighty God according to the dictates of their ow^n consciences, and
no human authority should, in any case whatever, control or inter-
fere with the rights of conscience.
Sec. 27. The people have the right to the privilege of education,
and it is the duty of the State to guard and maintain that right.
Sec. 28. For redress of grievances, and for amending and strength-
ening the laws, elections should be often held.
Sec. 29. A frequent recurrence to fundamental principles is abso-
lutely necessary to preserve the blessings of liberty.
Sec. 30. No hereditary emoluments, privileges or honors ought to
be granted or conferred m this State.
Sec. 31. Perpetuities and monopolies are contrary to the genius of
a free State, and ought not to be allowed.
Sec. 32. Retrospective laws, punishing acts committed before the
existence of such laws, and by them only declared criminal are op-
pressive, unjust and incompatible with liberty; w^herefore no ex post
North Carolina— 1876 2825
faeto law ought to be made. No law taxing retrospectively sales,
purchases, or other acts previously done, ought to be passed.
Sec. 33. Slavery and involuntary servitude, otherwise than for
crime, whereof the parties shall have been duly convicted, shall be
and are hereby forever prohibited within the State.
Sec. 34. The limits and boundaries of the State shall be and re-
main as they now are.
Sec. 35. All courts shall be open; and everjr person for an injury
done him in his lands, goods, person or reputation, shall have remedy
by due course of law, and right and justice administered without sale,
denial or delay.
Sec. 36. 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 prescribed by law.
Sec. 37. This enumeration of rights shall not be construed to im-
pair or deny others retained by the people; and all powers not herein
delegated remain with the people.
Article II
legislative department
Section 1. The legislative authority shall be vested in two distinct
branches, both dependent on the people, to-wit, a Senate and House of
Representatives.
Sec. 2. The Senate and House of Representatives shall meet bien-
nially on the first Wednesday after the first Monday in January next
fifter their election; and, when assembled, shall be denominated the
General Assembly. Neither House shall proceed upon public busi-
ness unless a majority of all the members are actually present.
Sec. 3. The Senate shall be composed of fifty Senators, biennially
chosen by ballot.
Sec. 4. The Senate Districts shall be so altered by the General
Assembly, at the first session after the return of every enumeration by
order of Congress, that each Senate District shall contain, as near as
may be, an equal number of inhabitants, excluding aliens and Indians
not taxed, and shall remain unaltered until the return of another enu-
meration, and shall at all times consist of contiguous territory; and
no county shall be divided in the formation of a Senate District,
unless such county shall be equitably entitled to two or more Senators.
Sec. 5. The House of Representatives shall be composed of one
hundred and twenty Representatives, biennially chosen by ballot, to
be elected by the counties respectively, according to their popula-
tion, and each county shall have at least one representative in the
House of Representatives, although it may not contain the requisite
ratio of representation; this apportionment shall be made by the
General Assembly at the respective times and periods when the Dis-
tricts of the Senate are hereinbefore directed to be laid off.
Sec. 6. In making the apportionment in the House of Representa-
tives, the ratio of representation shall be ascertained by dividing the
amount of the population of the State, exclusive of that compre-
hended within those counties, which do not severally contain the one
hundred and twentieth part of the population of the State, by the
2826 Ncyrth Carolina— 1876
number of Representatives, less the number assigned to such counties ;
and in ascertaining the number of the population of the State, aliens
and Indians not taxed shall not be included. To each county con-
taining the said ratio and not twice the said ratio, there shall be
assigned one Representative; to each county containing two but not
three times the said ratio, there shall be assigned two Representa-
tives, and so on progressively, and then the remaining Representa-
tives shall be assigned severally to the counties having the largest
fractions.
Sec. T. Each member of the Senate shall not be less than twenty-
five years of age, shall have resided in the State as a citizen two
years, and shall have usually resided in the District for which he is
chosen, one year immediately preceding his election.
Sec. 8. Each member of the House of Representatives shall be a
qualified elector of the State, and shall have resided in the county for
which he is chosen, for one year immediately preceding his election.
Sec. 9. In the election of all officers, whose appointment shall be
conferred upon the General Assembly by the Constitution, the vote
shall be viva voce.
Sec. 10. The General Assembly shall have the power to pass gen-
eral laws regulating divorce and alimony, but shall not have power
to grant a divorce or secure alimony in any individual case.
Sec. 11. The General Assembly shall not have power to pass any
private law to alter the name of any person, or to legitimate any
person not born in lawful wedlock, or to restore to the rights of
citizenship any person convicted of an infamous crime, but shall have
power to pass general laws regulating the same.
Sec. 12. The General Assembly shall not pass an^^ private law,
unless it shall be made to appear that thirty days' notice of applica-
tion to pass such a law shall have been given, under such direction
and in such manner as shall be provided by law.
Sec. 13. If vacancies shall occur in the General Assembly by death,
resignation or otherwise, writs of election shall be issued by the Gov-
ernor under such regulations as may be prescribed by law.
Sec. 14. No law shall be passed to raise money on the credit of the
State, or to pledge the faith of the State, directly or indirectly, for
the payment of any debt, or to impose any tax upon the people of the
State, or allow the counties, cities or towns to do so, unless the bill
for the purpose shall have been read three several times in each House
of the General Assembly and passed three several readings, w^hich
readings shall have been on three different days, and agreed to by
each House respectively, and unless the yeas and nays on the second
and third readings of the bill shall have been entered on the journal.
Sec. 15. The General Assembly shall regulate entails in such man-
ner as to prevent perpetuities.
Sec. 16. Each House shall keep a journal of its proceedings, which
shall be printed and made public immediately after the adjournment
of the General Assembly.
Sec. it. Any member of either House may dissent from and pro-
test 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 journal.
Sec. 18. The House of Representatives shall choose their own
Speaker and other officers.
North Carolina— 1876 2827
Sec. 19. The Lieutenant-Governor shall preside in the Senate, but
shall have no vote unless it may be equally divided.
Sec. 20. The Senate shall choose its other officers and also a Speaker
{pro tempore) in the absence of the Lieutenant-Governor, or when he
shall exercise the office of Governor.
Sec. 21. The style of the acts shall be : " The General Assembly of
North Carolina do enact."
Sec. 22. Each House shall be judge of the qualifications and elec-
tion of its own members, shall sit upon its own adjournment from day
to day, prepare bills to be passed into laws ; and the two Houses may
also jointly adjourn to any future day or other place.
Sec. 23. All bills and resolutions of a legislative nature shall be
read three times in each House, before they pass into laws ; and shall
be signed by the presiding officer of both Houses.
Sec. 24. Each member of the General Assembly, before taking his
seat, shall take an oath or affirmation that he will support the Con-
stitution and laws of the United States, and the Constitution of the
State of North Carolina, and will faithfully discharge his duty as a
member of the Senate or House of Representatives.
Sec. 25. The terms of office for Senator and members of the House
of Representatives shall commence at the time of their election.
Sec. 26. Upon motion made and seconded in either house by one-
fifth of the members present, the yeas and nays upon any question
shall be taken and entered upon the journals.
Sec. 27. The election for members of the General Assembly shall
be held for the respective districts and counties, at the places where
they are now held, or may be directed hereafter to be held, in such
manner as may be prescribed by law, on the first Thursday in August,
in the year one thousand eight hundred and seventy, and every two
years thereafter. But the General Assembly may change the time
of holding the elections.
Sec. 28. The members of the General Assembly for the term for
which they have been elected shall receive as a compensation for their
services the sum of four dollars per day for each day of their session,
for a period not exceeding sixty days; and should. they remain longer
in session, they shall serve without compensation. They shall also
be entitled to receive ten cents per mile, both while coming to the seat
of government and while returning home, the said distance to be
computed by the nearest line or route of public travel. The compen-
sation of the presiding officers of the two Houses shall be six dollars
per day and mileage. Should an extra session of the General As-
sembly be called, the members and presiding officers shall receive a
like rate of compensation for a period not exceeding twenty days.
Article III
EXECUTIVE DEPARTMENT
Section 1. The Executive Department shall consist of a Governor,
in whom shall be vested the supreme executive power of the State, a
Lieutenant-Governor, a Secretary of State, an Auditor, a Treasurer,
a Superintendent of Public Instruction, and an Attorney-General,
who shall be elected for a term of four years by the qualified electors
of the State, at the same time and places and in the same manner as
2828 North Carolina— 1876
members of the General Assembly are elected. Their term of office
shall commence on the first day of January next after their election,
and continue until their successors are elected and qualified: Pro-
vided^ that the officers first elected shall assume the duties of their
office ten days after the approval of this Constitution by the Congress
of the United States, and shall hold their offices four years from and
after the first day of January.
Sec. 2. No person shall be eligible as Governor or Lieutenant-Gov-
ernor unless he shall have attained the age of thirty years, shall have
been a citizen of the United States five years, and shall have been a
resident of this State for two years next before the election ; nor shall
the person elected to either of these two offices be eligible to the same
office more than four years in any term of eight 3^ears, unless the
office shall have been cast upon him as Lieutenant-Governor or Presi-
dent of the Senate.
Sec. 3. The return of every election for officers of the Executive
Department shall be sealed up and transmitted to the seat of govern-
ment by the returning officers, directed to the Speaker of the House
of Eepresentatives, who shall open and publish the same in the pres-
ence of a majority of the members of both Houses of the General
Assembly. The person having the highest ninnber of votes respec-
tively shall be declared duly elected ; but if two or more be equal and
highest in votes for the same office, the one of them shall be chosen
by joint ballot of both Houses of the General Assembly. Contested
elections shall be determined by a joint ballot of both Houses of the
General Assembly in such manner as shall be prescribed by law.
Sec. 4. The Governor, before entering upon the duties of his office
shall, in the presence of the members of both branches of the General
Assembly, or before any Justice of the Supreme Court,- take an oath
or affirmation that he will support the Constitution and laws of the
United States, and of the State of North Carolina, and that he will
faithfully perform the duties appertaining to the office of Governor,
to which he has been elected.
Sec. 5. The Governor shall reside at the seat of government of this
State, and he shall, from time to time, give the General Assembly
information of the affairs of the State, and recommend to their con-
sideration such measures as he shall deem expedient.
Sec. 6. The Governor shall have powder to grant reprieves, commu-
tations and pardons, after conviction, for all offences (except in cases
of impeachment), upon such conditions as he may think proper,
subject to such regulations as may be provided by law relative to the
manner of applying for pardons. He shall biennially communicate
to the General Assembly each case of reprieve, commutation or par-
don granted, stating the name of each convict, the crime for which he
was convicted, the sentence and its date, the date of the commutation,
pardon or reprieve and the reasons therefor.
Sec. 7. The officers of the Executive Department and of the public
institutions of the State, shall at least five days previous to each regu-
lar session of the General Assembly, severally report to the Gov-
ernor, who shall transmit such reports with his message to the Gen-
eral Assembly ; and the Governor may, at any time, require informa-
tion in' writing from the officers in the Executive Department upon
any subject relating to the duties of their respective offices, and shall
take care that the laws be faithfully executed.
I
North Carolina— 1876 2829
Sec. 8. The Governor shall be Commander-in-Chief of the militia
of the State, except when they shall be called into the service of the
United States.
Sec. 9. The Governor shall have power, on extraordinary occasions,
by and with the advice of the Council of State, to convene the Gen-
eral Assembly in extra session by his proclamation, stating therein
the purpose or purposes for which they are thus convened.
Sec. 10. The Governor shall nominate and, by and with the advice
and consent of a majority of the Senators-elect, appoint all officers
whose offices are established by this Constitution and whose appoint-
ments are not otherwise provided for.
Sec. 11. The Lieutenant-Governor shall be president of the Senate,
but shall have no vote unless the Senate be equally divided. He shall,
whilst acting as President of the Senate, receive for his services the
same pay which shall, for the same period, be allowed to the Speaker
of the House of Representatives; and he shall receive no other com-
pensation except when he is acting as Governor. '
Sec. 12. In case of the impeachment of the Governor, his failure to
qualify, his absence from the State, his inability to discharge the
duties of his office, or, in case the office of Governor shall in anywise
become vacant, the powers, duties and emoluments of the office shall
devolve upon the Lieutenant-Governor until the disability shall cease,
or a new Governor shall be elected and qualified. In every case in
Avhich the Lieutenant-Governor shall be unable to preside over the
Senate, the Senators shall elect one of their own number President of
their body; and the powers, duties and emoluments of the office of
Governor shall devolve upon him whenever the Lieutenant-Governor
shall, for any reason, be prevented from discharging the duties of
such office as above provided, and he shall continue as acting Governor
until the disabilities are removed, or a new Governor or Lieutenant-
(jovernor shall be elected and qualified. "Whenever, during the recess
of the General Assembly, it shall become necessary for the President
of the Senate to administer the government, the Secretary of State
shall convene the Senate, that they may select such President.
Sec. 13. The respective duties of the Secretary of State, Auditor,
Treasurer, Superintendent of Public Instruction, and Attorney-Gen-
eral shall be prescribed by law. If the office of any of said officers
shall be vacated by death, resignation or otherwise, it shall be the
duty of the Governor to appoint another until the disability be re-
moved or his successor be elected and qualified. Every such vacancy
shall be filled by election at the first general election that occurs more
than thirty days after the vacancy has taken place, and the person
chosen shall hold the office for the remainder of the unexpired term
fixed in the first section of this article.
Sec. 14. The Secretary of State, Auditor, Treasurer and Superin-
tendent of Public Instruction shall constitute, ex officio^ the Council
of State, who shall advise the Governor in the execution of his office,
and three of whom shall constitute a quorum. Their advice and pro-
ceedings in this capacity shall be entered in a journal to be kept for
this purpose exclusively, and signed by the members present, from
any part of which any member may enter his dissent; and such jour-
nal shall be placed before the General Assembly when called for by
either House. The Attorney-General shall be, ex officio^ the legal
adviser of the Executive Department.
2830 NoHh Carolina— 1876
Sec. 15. The officers mentioned in this article, shall, at stated
periods, receive for their services a compensation to be established by
law, which shall neither be increased nor diminished during the time
for which they shall have been elected, and the said officers shall
receive no other emolument or allowance whatever.
Sec. 16. There shall be a seal of the State, which shall be kept by
the Governor, and used by him as occasion mav require, and shall be
called " The Great Seal o*f the State of North Carolina." All grants
and commissions shall be issued in the name and by the authority of
the State of North Carolina, sealed with " The Great Seal of the
State," signed by the Governor and countersigned by the Secretary
of State.
Sec. 17. The General Assembly shall establish a Department of
Agriculture, Immigration and Statistics, under such regulations as
may best promote the agricultural interests of the State, and shall
enact laws for the adequate protection and encouragement of sheep
husbandry.
Article IV
JUDICIAL department
Section 1. The distinctions between actions at law and suits in
equity, and the forms of all such actions and suits, shall be abolished :
and there shall be in this State but one form of action for the enforce-
ment or protection of private- rights or the redress of private Avrongs,
which shall be denominated a civil action; and every action prose-
cuted by the people of the State as a party against a person charged
with a public offense, for the punishment of the same, shall be termed
a criminal action. Feigned issues shall also be abolished, and the
fact at issue tried by order of Court before a jury.
Sec; 2. The judicial power of the State shall be vested in a court
for the trial of Impeachments, a Supreme Court, Superior Courts,
Courts of Justice of the Peace, and such other Courts inferior to the
Supreme Court as may be established by law.
Sec. 3. The Court for the trial of Impeachments shall be the Sen-
ate. A majority of the members shall be necessary to a quorum, and
the judgment shall not extend beyond removal from, and disqualifi-
cation to hold, office in this State; but the party shall be liable to
indictment and punishment according to law.
Sec. 4. The House of Representatives solely shall have the power
of impeaching. No person shall be convicted without the concur-
rence of two-thirds of the Senators present. When the Governor is
impeached, the Chief Justice shall preside.
Sec. 5. Treason against the State shall consist only in levying war
against it, or adhermg to its enemies, giving them aid and comfort.
No person shall be convicted of treason unless on the testimony of two
witnesses to the overt act, or on confession in open Court. No con-
viction of treason or attainder shall work corruption of blood or
forfeiture.
Sec. 6. The Supreme Court shall consist of a Chief Justice and
four Associate Justices.
Sec. 7. The terms of the Supreme Court shall be held in the city
of Raleigh, as now, unless otherwise provided by the General As-
sembly.
Ncrrth Carolina— -1876 2831
Sec. 8. The Supreme Court shall have jurisdiction to review, upon
appeal, any decision of the Courts below, upon any matter of law or
legal inference. And the jurisdiction of said Court over " issues of
fact " and " questions of fact " shall be the same exercised by it be-
fore the adoption of the Constitution of one thousand eight hundred
and sixty-eight, and the Court shall have the power to issue any
remedial writs necessary to give it a general supervision and control
over the proceedings of the inferior Courts.
Sec. 9. The Supreme Court shall have original jurisdiction to hear
claims against the State, but its decisions shall be merely recommend-
atory ; no process in the nature of execution shall issue thereon ; they
shall be reported to the next session of the General Assembly for its
action.
Sec. 10. The State shall be divided into nine judicial districts, for
each of which a judge shall be chosen; and there shall be held a
'Superior Court in each county at least twice in each year, to continue
for such time in each county as may be prescribed by law. But the
General Assembly may reduce or increase the number of districts.
Sec. 11. Every Judge of the Superior Court shall reside in the dis-
trict for which he is elected. The Judges shall preside in the Courts
of the different districts successively, but no Judge shall hold the
Courts in the same district oftener than once in four years; but in case
of the protracted illness of the Judge assigned to preside in any dis-
trict, or of any other unavoidable accident to him, by reason of which
he shall be unable to preside, the Governor may require any Judge
to hold one or more specified terms in said district, in lieu of the
Judge assigned to hold the Courts of the said district.
Sec. 12. The General Assembly shall have no power to deprive the
Judicial Department of any power or jurisdiction which rightfully
pertains to it as a co-ordinate department of the government ; but the
General Assembly shall allot and distribute that portion of this power
and jurisdiction which does not pertain to the Supreme Court, among
the other Courts prescribed in this Constitution or which may be
established by law, in such manner as it may deem best ; provide also
a proper system of appeals, and regulate by law, when necessary, the
methods of proceeding in the exercise oi their powers, of all the
Courts below the Supreme Court, so far as the same may be done
without conflict with other provisions of this Constitution.
Sec. 13. In all issues of fact, joined in any Court, the parties may
waive the right to have the same determined by a jury, in which case
the finding of the Judge upon the facts shall have the force and effect
of a verdict by a jury.
Sec. 14. The General Assembly shall provide for the establishment
of Special Courts, for the trial of misdemeanors, in cities and towns
where the same may be necessary.
Sec. 15. The Clerk of the Supreme Court shall be appointed by the
Court, and shall hold his office for eight years.
Sec. 16. A Clerk of the Superior Court for each county shall be
elected by the qualified voters thereof, at the time and in the mannei*
prescribed by law for the election of members of the General
Assembly.
Sec. 17. Clerks of the Superior Courts shall hold their offices for
four years.
2832 North Carolina— 1876
Sec. 18. The General Assembly shall prescribe and regulate the
fees, salaries and emoluments of all officers provided for in this arti-
cle; but the salaries of the Judges shall not be diminished during
their continuance in office.
Sec. 19. The laws of North Carolina, not repugnant to this Consti-
tution, or the Constitution and laws of the United States, shall be in
force until lawfully altered.
Sec. 20. Actions at law, and suits in equity, pending when this
Constitution shall go into effect, shall be transferred to the Courts
having jurisdiction thereof, without prejudice by reason of the
change; and all such actions and suits commenced before, and pend-
ing at the adoption by the General Assembly of the rules of practice
and procedure herein provided for, shall be heard and determined
according to the practice now in use, unless otherwise provided for by
said rules.
Sec. 21. The Justices of the Supreme Court shall be elected by the
qualified voters of the State, as is provided for the election of mem-
bers of the General Assembly. They shall hold their offices for eight
years. The Judges of the Superior Courts, elected at the first elec-
tion under this amendment, shall be elected in like manner as is pro-
vided for Justices of the Supreme Court, and shall hold their offices
for eight years. The General Assembly may, from time to time, pro-
vide by law that the Judges of the Superior Courts, chosen at suc-
ceeding elections, instead of being elected by the voters of the whole
State, as is herein provided for, shall be elected by the voters of their
respective districts.
Sec. 22. The Superior Court shall be at all times open for the trans-
action of all business within their jurisdiction, except the trial of
issues of fact requiring a jury.
Sec. 23. A Solicitor shall be elected for each Judicial District by
the qualified voters thereof, as is prescribed for members of the Gen-
eral Assembly, who shall hold office for the term of four years, and
prosecute on behalf of the State, in all criminal actions in the Supe-
rior Courts, and advise the officers of justice in his district.
Sec. 24. In each county a Sheriff and Coroner shall be elected by
the qualified voters thereof, as is prescribed for members of the Gen-
eral Assembly, and shall hold their offices for two years. In each
township there shall be a Constable elected in like manner by the
voters thereof, who shall hold his office for two years. When there
is no Coroner in a county, the Clerk of the Superior Court for the
county may appoint one for special cases. In case of a vacancy
existing for any cause in any of the offices created by this section,
the Commissioners of the county may appoint to such office for the
unexpired term.
Sec. 25. All vacancies occurring in the offices provided for by this
Article of the Constitution shall be filled by the appointment of the
Governor, unless otherwise provided for, and the appointees shall
hold their places until the next regular election for members of the
General Assembly, when elections shall be held to fill such offices.
If any person, elected or appointed to any of said offices, shall neglect
and fail to qualify, such offices shall be appointed to, held and filled
as provided in case of vacancies occurring therein. All incumbents
of said office shall hold until their successors are qualified.
North Carolina— 1876 2833
Sec. 26. The officers elected at the first election held under this
Constitution shall hold their offices for the terms prescribed for them
respectively, next ensuing after the next regular election for mem-
bers of the General Assembly. But their terms shall begin upon the
approval of this Constitution by the Congress of the United States.
Sec. 27. The several Justices of the Peace shall have jurisdiction,
under such regulations as the General Assembly shall prescribe, of
civil actions, founded on contract, wherein the sum demanded shall
not exceed two hundred dollars, and wherein the title to real estate
shall not be in controversy ; and of all criminal matters arising within
their counties where the punishment cannot exceed a fine of fifty dol-
lars or imprisonment for thirty days. And the General Assembly
may give to Justices of the Peace jurisdiction of other civil actions,
Avherein the value of the property in controversy does not exceed fifty
dollars. When an issue of fact shall be joined before a Justice, on
demand of either party thereto, he shall cause a jury of six men to
be summoned, who sliall try the same. The party against whom
judgment shall be rendered in any civil action, may appeal to the
Superior Court from the same. In all cases of a criminal nature, the
party against whom judgment is given may appeal to the Superior
Court, where the matter shall be heard anew. In all cases brought
before a justice, he shall make a record of the proceedings and file
same with the Clerk of the Superior Court for his county.
Sec. 28. When the office of Justice of the Peace shall become vacant
otherwise than by expiration of the term, and in case of a failure by
the voters of any district to elect, the Clerk of the Superior Court
for the county shall appoint to fill the vacancy for the imexpired
term.
Sec. 29. In case the office of Clerk of a Superior Court for a county
shall become vacant otherwise than by the expiration of the term, and
in case of a failure by the people to elect, the Judge of the Superior
Court for the county shall appoint to fill the vacancy until an election
can be regularly held.
Sec. 30. In case the General Assembly shall establish other Courts
inferior to the Supreme Court, the presiding officers and clerks
thereof shall be elected in such manner as the General Assembly may
from time to time prescribe, and they shall hold their offices for a
term not exceeding eight years.
Sec. 31. Any Judge of the Supreme Court or of the Superior
Courts, and the presiding officers of such Courts inferior to the Su-
j)reme Court as may be established by law, may be removed from
office for mental or physical inability, upon a concurrent resolution
of two-thirds of both Houses of the General Assembly. The Judge
' or i)residing officer, against whom the General Assembly may be about
to proceed, shall receive notice thereof, accompanied by a copy of
the causes alleged for his removal, at least twenty days before the
day on which either House of the General Assembly shall act thereon.
Sec. 32. Any Clerk of the Supreme Court, or of the Superior
Courts, or of such Courts inferior to the Supreme Court as may be
established by law, may be removed from office for mental or physical
inability; the Clerk of the Supreme Court by the Judges of said
Court, the Clerks of the Superior Courts by the Judge riding the
district, and the Clerks of such Courts inferior to the Supreme Court
2834 North Carolina— 1876
as may be established by law by the presiding officers of said Courts.
The Clerk against whom proceedings are instituted shall receive no-
tice thereof, accompanied by a copy of the causes alleged for his
removal, at least ten days before the day appointed to act thereon,
and the Clerk shall be entitled to an appeal to the next term of the
Superior Court, and thence to the Supreme Court as provided in other
cases of appeals.
Sec. 33. The amendments made to the Constitution of North Caro-
lina by this Convention shall not have the effect to vacate any office
or term of office now existing under the Constitution of the State and
filled or held by virtue of any election or appointment under the said
Constitution and the laws of the State made in pursuance thereof.
Article V
REVENUE AND TAXATION
Section 1. The General Assembly shall levy a capitation tax on
every male inhabitant in the State over twenty-one and under fifty
years of age, which shall be equal on each to the tax on property
valued at three hundred dollars in cash. The Commissioners of the
several counties may exempt from capitation tax in special cases, on
account of poverty and infirmity, and the State and county capitation
tax combined shall never exceed two dollars on the head.
Sec. 2. The proceeds of the State and county capitation tax shall be
applied to the purposes of education and the support of the poor, but
in no one year shall more than twenty-five per cent, thereof be appro-
priated to the latter purpose.
Sec. 3. Laws shall be passed taxing, by a uniform rule, all moneys,
credits, investments in bonds, stocks, joint-stock companies, or other-
wise ; and, also, all real and personal property, according to its true
value in money. The General Assembly may also tax trades, profes-
sions, franchises, and incomes, provided that no income shall be taxed
when the property from which the income is derived is taxed.
Sec. 4. Until the bonds of the State shall be at par, the General
Assembly shall have no power to contract any new debt or pecuniary
obligation in behalf of the State, except to supply a casual deficit, or
for suppressing invasions or insurrections, unless it shall in the same
bill levy a special tax to pay the interest annually. And the Gen-
eral Assembly shall have no power to give or lend the credit of the
State in aid of any person, association or corporation, except to aid in
the completion of such railroads as may be unfinished at the time of
the adoption of this Constitution, or in which the State has a direct
pecuniary interest, unless the subject be submitted to a direct vote
of the people of the State, and be approved by the majority of those
who shall vote thereon.
Sec. 5. Property belonging to the State, or to municipal corpora-
tions, shall be exempt from taxation. The General Assembly may
exempt cemeteries and property held for educational, scientific, liter-
ary, charitable or religious purposes ; also wearing apparel, arms for
muster, household and kitchen furniture, the mechanical and agricul-
tural implements of mechanics and farmers, libraries and scientific
NoHh Carolina— 1876 2835
instruments, or any other personal property, to a value not exceeding
three hundred dollars.
Sec. 6. The taxes levied by the commissioners of the several coun-
ties for county purposes shall be levied in like manner with the State
taxes, and shall never exceed the double of the State tax, except
for a special purpose, and with the special approval of the General
Assembly.
Sec. 7. Every act of the General Assembly levying a tax shall state
the special object to which it is to be applied, and it shall be applied
to no other purpose.
Article VI
SUFFRAGE AND ELIGIBILITY TO OFFICE
Section 1. Every male person born in the United States, and every
male person who has been naturalized, twenty-one years of age, and
possessing the qualifications set out in this Article, shall be entitled
to vote at any election by the people in the State, except as herein
otherwise provided.
Sec. 2. He shall have resided in the State of North Carolina for
two years, in the county six months, and in the precinct, ward or
other election district, in which he offers to vote, four months next
preceding the election: Provided^ that removal from one precinct,
ward or other election district, to another in the same county, shall
not operate to deprive any person of the right to vote in the precinct,
ward or other election district from which he has removed until four
months after such removal. No person who has been convicted, or
who has confessed his guilt in open Court upon indictment, of any
crime, the punishment of which now is, or may hereafter be impris-
onment in the State's Prison shall be permitted to vote unless the said
person shall be first restored to citizenship in the manner prescribed
by law.
Sec. 3. Every person offering to vote shall be at the time a legally
registered voter as herein prescribed and in the manner hereafter pro-
vided by law, and the General Assembly of North Carolina shall
enact general registration laws to carry into effect the provisions of
this article.
Sec. 4. Every person presenting himself for registration shall be
able to read and write any section of the Constitution in the English
language ; and before he shall be entitled to vote, he shall have paid,
on or before the first day of May of the year in which he proposes to
vote, his poll tax for the previous year as prescribed by Article V,
sec. 1, of the Constitution. But no male person who was on January
1, 1867, or at any time prior thereto, entitled to vote under the laws
of any State in the United States wherein he then resided, and no
lineal descendant of any such person shall be denied the right to reg-
ister and vote at any election in this State by reason of his failure to
possess the educational qualifications herein prescribed : Provided^ he
shall have registered in accordance with the terms of this section
prior to December 1, 1908. The General Assembly shall provide for
the registration of all persons entitled to vote without the educational
qualifications herein prescribed, and shall, on or before November 1,
7254— VOL 5— 09 20
2836 North Carolina— 1876
1908, provide for the making of a permanent record of such registra-
tion, and all persons so registered shall forever thereafter have the
right to vote in all elections by the people in this State, unless dis-
qualified under section 2 of this Article: Provided^ such person shall
have paid his poll tax as above required.
Sec. 5. That this amendment to the Constitution is presented and
adopted as one indivisible plan for the regulation oi the suffrage,
with the intent and purpose to so connect tlie different parts and to
make them so dependent upon each other that the whole shall stand
or fall together.
Sec. 6. All elections by the people shall be by ballot, and all elec-
tions by the General Assembly shall be viva voce.
Sec. T. Every voter in North Carolina, except as in this Article
disqualified, shall be eligible to office, but before entering upon the
duties of the office he shall take and subscribe the following oath :
" I, , do solemnly swear (or affirm) that I will sup-
port and maintain the Constitution and laws of the United States
and the Constitution and laws of North Carolina not inconsistent
therewith, and that I will faithfully discharge the duties of my office
as . So help me, God."
Sec. 8. The following classes of persons shall be disqualified for
office : First ^ all persons who shall deny the being of Almighty God.
Second^ all persons who shall have been- convicted or confessed their
guilt on indictment pending, and whether sentenced or not, or under
judgment suspended, of any treason or felony, or of any other crime
for which the punishment may be imprisonment in the penitentiary,
since becoming citizens of the United States, or of corruption or mal-
practice in office, unless such person shall be restored to the rights of
citizenship in a manner prescribed by law.
Sec. 9. That this amendment to the Constitution shall go into effect
on the first day of July, nineteen hundred and two, if a majority of
votes cast at the next general election shall be cast in favor of this
suffrage amendment.
Article VII
municipal corporations
Section 1. In each county there shall be elected biennially by the
qualified voters thereof, as provided for the election of members of
the General Assembly, the following officers: A Treasurer, Register
of Deeds, Surveyor and five Commissioners.
Sec. 2. It shall be the duty of the Commissioners to exercise a gen-
eral supervision and control of the penal and charitable institutions,
schools, roads, bridges, levying of taxes, and finances of the county,
as may be prescribed by law. The Register of Deeds shall be, ex
officio^ Clerk of the Board of Commissioners.
Sec. 3. It shall be the duty of the Commissioners first elected in
each county to divide the same into convenient districts, and to report
the same to the General Assembly before the first day of Januarv,
1869. . ^
Sec. 4. Upon the approval of the reports provided for in the fore-
going section by the General Assembly, the said districts shall have
corporate powers for the necessary purposes of local government, and
shall be known as townships.
NoHh Carolina— 1876 2837
Sec. 5. In each township there shall be biennially elected by the
qualified voters thereof a Clerk and two Justices of the Peace, who
shall constitute a Board of Trustees, and shall, under the supervision
of the County Commissioners, have control of the taxes and finances,
roads and bridges of the townships, as may be prescribed by law.
The General Assembly may provide for the election of a large num-
ber of the Justices of the Peace in cities and towns and in those town-
ships in which cities and towns are situated. In every township
there shall also be biennially elected a School Committee, consisting
of three -persons, whose duties shall be prescribed by law.
Sec. 6. The Township Board of Trustees shall assess the taxable
property of their townships and make returns to the County Com-
missioners for revision, as may be prescribed by law. The Clerk
shall be, ex officio^ Treasurer of the township.
Sec. 7. No county, city, town or other municipal corporation shall
contract any debt, pledge its faith or loan its credit, nor shall any
tax be levied or collected by any officers of the same except for the
necessary expenses thereof, unless by a vote of the majority of the
qualified voters therein.
Sec. 8. No money shall be drawn from any county or township
treasury except by authority of law.
Sec. 9. All taxes levied by any county, city, town or township shall
be uniform and ad valorem upon all property in the same, except
property exempted by this Constitution.
Sec. 10. The county officers first elected under the provisions of
this Article shall enter upon their duties ten days after the approval
of this Constitution by the Congress of the United States.
Sec. 11. The Governor shall appoint a sufficient number of Justices
of the Peace in each county, who shall hold their places until sections
four, five and six of this Article shall have been carried into effect.
Sec. 12. All charters, ordinances and provisions relating to munic-
ipal corporations shall remain in force until legally changed, unless
inconsistent with the provisions of this Constitution.
Sec. 13. No county, city, town or other municipal corporation shall
assume to pay, nor shall any tax be levied or collected for the pay-
ment of any debt, or the interest upon any debt, contracted directly
or indirectly in aid or support of the rebellion.
Sec. 14. The General Assembly shall have full power by statute to
modify, change or abrogate any and all of the provisions of this
Article and substitute others in their place, except sections seven, nine
and thirteen.
Article VIII
CORPORATIONS OTHER THAN MUNICIPAL
Section 1. Corporations may be formed under general laws, but
shall not be created by special act except for municipal purposes and
in cases where, in the judgment of the Legislature, the object of the
corporation cannot be attained under general laws. All general laws
and special acts passed pursuant to this section may be altered from
time to time or repealed.
Sec. 2. Dues from corporations shall be secured by such individual
liabilities of the corporations and other means as may be prescribed
by law.
2838 North {Carolina— 1876
Sec. 3. The term corporation, as used in this Article, shall be con-
strued to include all associations and joint-stock companies having
any of the powers and privileges of corporations not possessed by
individuals or partnerships. And all corporations shall have the
right to sue and shall be subject to be sued in all courts in like cases
as natural persons.
Sec. 4. It shall be the duty of the Legislature to provide for the
organization of cities, towns and incorporated villages, and to restrict
their power of taxation, assessment, borrowing money, contracting
debts and loaning their credit, so as to prevent abuses in assessment
and in contracting debts by such municipal corporations.
Article IX
EDUCATION
Section 1. Religion, morality and knowledge being necessary to
good government and the happiness of mankind, schools and the
means of education shall forever be encouraged.
Sec. 2. The General Assembly, at its first session under this Con-
stitution, shall provide b}^ taxation and otherwise for a general and
uniform system of public schools, wherein tuition shall be free of
charge to all the children of the State between the ages of six and
twenty-one years. And the children of the white race and the chil-
dren of the colored race shall be taught in separate public schools;
but there shall be no discrimination in favor of or to the prejudice
of either race.
Sec. o. Each county of the State shall be divided into a convenient
number of districts, in which one or more public schools shall be
maintained at least four months in every year; and if the Commis-
sioners of any county shall fail to comply with the aforesaid require-
ments of this section they shall be liable to indictment.
Sec. 4. The proceeds of all lands that have been or hereafter may
be granted by the United States to this State and not otherwise
appropriated by this State or the United States, also all moneys,
stocks, bonds and other property now belonging to any State fund
for purposes of education, also the net proceeds of all sales of the
swamp lands belonging to the State, and all other grants, gifts or
devises that have been or hereafter may be made to the State and
not otherwise appropriated by the State or by the terms of the grant,
gift or devise, shall be paid into the State Treasury, and, together
with so much of the ordinary revenue of the State as may be by law
set apart for that purpose, shall be faithfully appropriated for estab-
lishing and maintaining in this State a system of free public schools
and for no other uses or purposes whatsoever.
Sec. 5. All moneys, stocks, bonds and other property belonging to
a county school fund, also the net proceeds from the sale of estrays,
also the clear proceeds of all penalties and forfeitures and of all fines
collected in the several counties for any breach of the penal or mili-
tary laws of the State, and all moneys which shall be paid by persons
as an equivalent for exemption from military duty, shall belong to
and remain in the several counties, and shall be faithfully appropri-
ated for establishing and maintaining free public schools in the sev-
eral counties in this State: Provided^ that the amount collected in
. North Carolina— 1876 2839
each county shall be annually reported to the Superintendent of Pub-
lic Instruction.
Sec. 6. The General Assembly shall have power to provide for the
election of Trustees of the University of North Carolina, in whom,
when chosen, shall be vested all the privileges, rights, franchises
and endowments thereof in anywise granted to or conferred upon
the Trustees of said University ; and the General Assembly may
make such provisions, laws and regulations from time to time as may
be necessary and expedient for the maintenance and management of
said University.
Sec. 7. The General Assembly shall provide that the benefits of
the University, as far as practicable, be extended to the youth of the
State free of expense for tuition; also that all the property which
has heretofore accrued to the State or shall hereafter accrue from
escheats, unclaimed dividends or distributive shares of the estates of
deceased persons, shall be appropriated to the use of the University.
Sec. 8. The Governor, Lieutenant-Governor, Secretary of State,
Treasurer, Auditor, Superintendent of Public Instruction and Attor-
ney-General shall constitute a State Board of Education.
Sec. 9. The Governor shall be President and the Superintendent of
Public Instruction shall be Secretary of the Board of Education.
Sec. 10. The Board of Education shall succeed to all the powers
and trusts of the President and Directors of the Literary Fund of
North Carolina, and shall have full power to legislate and make all
needful rules and regulations in relation to free public schools and
the educational fund of the State ; but all acts, rules and regulations
of said Board may be altered, amended or repealed by the General
Assembly, and when so altered, amended or repealed they shall not
be re-enacted by the Board.
Sec. 11. The first session of the Board of Education shall be held
at the capital of the State within fifteen days after the organization
of the State Government under this Constitution ; the time of future
meetings may be determined by the Board.
Sec. 12. A majority of the Board shall constitute a quorum for the
transaction of business.
Sec. 13. The contingent expenses of the Board shall be provided by
the General Assembly.
Sec. 14. As soon as practicable after the adoption of this Con-
stitution the General Assembly shall establish and maintain in con-
nection with the University a department of agriculture, of mechan-
ics, of mining and of normal instruction.
Sec. 15. The General Assembly is hereby empowered to enact that
every child of sufficient mental and physical ability shall attend the
public schools during the period between the ages of six and eighteen
years for a term of not less than sixteen months, unless educated
by other means.
Article X
homesteads and exemptions
Section 1. The personal property of any resident of this State to
the value of five hundred dollars, to be selected by such resident, shall
be and is hereby exempted from sale under execution or other final
process of any court issued for the collection of any debt.
2840 North Carolina— 1876 .
Sec. 2. Every homestead, and the dwellings and buildings used
therewith, not exceeding in value one thousand dollars, to be selected
by the owner thereof, or in lieu thereof, at the option of the owner,
any lot in a city, town or village, with the dwellings and buildings
used thereon, owned and occupied by any resident of this State,
and not exceeding the value of one thousand dollars, shall be exempt
from sale under execution or other final process obtained on any
debt. But no property shall be exempt from sale for taxes or for
payment of obligations contracted for the purchase of said premises.
Sec. 3. The homestead, after the death of the owner thereof, shall
be exempt from the payment of any debt during the minority of
his children or any one of them.
Sec. 4. The provisions of sections one and two of this Article shall
not be so construed as to prevent a laborer's lien for work done and
performed for the person claiming such exemption, or a mechanic's
lien for work done on the permises.
Sec. 5. If the owner of a homestead die, leaving a widow but no
children, the same shall be exempt from the debts of her husband,
and the rents and profits thereof shall inure to her benefit 'dur-
ing her widowhood, unless she be the owner of a homestead in her
own right.
Sec. 6. The real and personal property of any female in this
State acquired before marriage, and all property, real and personal,
to which she may, after marriage, become in any manner entitled,
shall be and remain the sole and separate estate and property of
such female, and shall not be liable for any debts, obligations or
engagements of her husband, and may be devised and bequeathed,
and, with the written assent of her husband, conveyed by her as if
she were unmarried.
Sec. 7. The husband may insure his own life for the sole use
and benefit of his wife and children, and in case of the death of
the husband the amount thus insured shall be paid over to the wife
and children, or to the guardian if under age, for her or their own
use, free from all the claims of the representatives of her husband
or any of his creditors.
Sec. 8. Nothing contained in the foregoing sections of this Article
shall operate to prevent the owner of a homestead from disposing
of the same by deed ; but no deed made by the owner of a homestead
shall be valid without the voluntary signature and assent of his
wife, signified on her private examination according to law.
Article XI
punishments, penal institutions and public charities
Section 1. The following punishments only shall be known to the
laws of this State, viz. : death, imprisonment with or without hard
labor, fines, removal from office, and disqualification to hold and
enjoy any office of honor, trust or profit under this State. The fore-
going provision for imprisonment with hard labor shall be con-
strued to authorize the employment of such convict labor on public
works or highways, or other labor for public benefit, and the farm-
ing out thereof, where and in such manner as may be provided by
law ; but no convict shall be farmed out who has been sentenced on a
NoHh Carolina— 1876 2841
charge of murder, manslaughter, rape, attempt to commit rape, or
arson: Provided^ that no convict whose labor may be farmed out
shall be punished for any failure of duty as a laborer except by a
responsible officer of the State; but the convicts so farmed out shall
be at all times under the supervision and control, as to their govern-
ment and discipline, of the Penitentiary Board or some officer of the
State.
Sec. 2. The object of punishment being not only to satisfy justice,
but also to reform the offender, and thus prevent crime, murder,
arson, burglary and rape, and these only, may be punishable with
death, if the General Assembly shall so enact.
Sec. 3. The General Assembly shall, at its first meeting, make pro-
vision for the erection and conduct of a State's Prison or Penitentiary
at some central and accessible point within the State.
Sec. 4. The General Assembly may provide for the erection of a
House of Correction, where vagrants and persons guilty of misde-
meanors shall be restrained and usefully employed.
Sec. 5. A House or Houses of Refuge may be established when-
ever, the public interests may require it, for the correction and in-
struction of other classes of offenders.
Sec. 6. It shall be required by competent legislation that the
structure and superintendence of penal institutions of the State, the
county jails and city police prisons secure the health and comfort of
the prisoners, and that male and female prisoners be never confined
in the same room or cell.
Sec. 7. Beneficent provisions for the poor, the unfortunate and
orphan being one of the first duties of a civilized and Christian State,
the General Assembly shall, at its first session, appoint and define the
duties of a Board of Public Charities, to whom shall be entrusted the
supervision of all charitable and penal State institutions, and who
shall annually report to the Governor upon their condition, with sug-
gestions for their improvement.
Sec. 8. There shall also, as soon as practicable, be measures devised
by the State for the establishment of one or more orphan houses,
where destitute orphans may be cared for, educated and taught some
business or trade.
Sec. 9. It shall be the duty of the Legislature, as soon as practica-
ble, to devise means for the education of idiots and inebriates.
Sec. 10. The General Assembly may provide that the indigent deaf
mute, blind and insane, of the State shall be cared for at the charge
of the State.
Sec. 11. It shall be steadily kept in view by the Legislature and the
Board of Public Charities, that all penal and charitable institutions
should be made as nearly self-supporting as is consistent with the
purposes of their creation.
Article XII
MILITIA
Section 1. All able-bodied male citizens of the State of North
Carolina, between the ages of twenty-one and forty years, who are
citizens of the United States, shall be liable to do duty in the militia :
Provided^ that all persons who may be averse to bearing arms, from
religious scruples, shall be exempt therefrom.
2842 North Carolina— 1876
Sec. 2. The General Assembly shall provide for the organizing,
arming, equipping and discipline of the militia, and for paying the
same, when called into active service.
Sec. 3. The Governor shall be Commander-in-Chief, and shall
have power to call out the militia to execute the law, suppress riots
or insurrection, and to repel invasion.
Sec. 4. The General Assembly shall have power to make such
exemptions as may be deemed necessary, and enact laws that may be
expedient for the government of the militia.
Article XIII
AMENDMENTS
Section 1. No convention of the people of this State shall ever be
called by the General Assembly, unless by the concurrence of two-
thirds of all the members of each House of the General Assembly,
and except the proposition. Convention or No Convention, be first
submitted to the qualified voters of the whole State, at the next gen-
eral election in a manner to be prescribed by law. And should a
majority of the votes cast be in favor of said convention, it shall
assemble on such day as may be prescribed by the General Assembly.
Sec. 2. No part of the Constitution of this State shall be altered
unless a bill to alter the same shall have been agreed to by three-fifths
of each House of the General Assembly. And the amendment or
amendments so agreed to shall be submitted at the next general elec-
tion of the qualified voters of the whole State, in such a manner as
may be prescribed by law. And in the event of their adoption by a
majority of the votes cast, such amendment or amendments shall
become part of the Constitution of the State.
Article XIV
miscellaneous
Section 1. All indictments which shall have been found, or may
hereafter be found, for any crime or offense committed before this
Constitution takes effect, may be proceeded upon in the proper
Courts, but no punishment shall be inflicted which is forbidden by
this Constitution.
Sec. 2. No person who shall hereafter fight a duel, or assist in the
same as a second, or send, accept, or knowingly carry a challenge
therefor, or agree to go out of the State to fight a duel, shall hold any
office in this State.
Sec. 3. No money shall be drawn from the Treasury but in conse-
quence of appropriations made by law; and an accurate account of
the receipts and expenditures of the public money shall be annually
published.
Sec. 4. The General Assembly shall provide, by proper legislation,
for giving to mechanics and laborers an adequate lien on the subject-
matter of their labor.
Sec 5. In the absence of any contrary provision, all officers of this
State, whether heretofore elected, or appointed by the Governor, shall
hold their positions only until other appointments are made by the
Ncyrth Carolina— 1876 2843
Governor, or, if the officers are elective, until their successors shall
have been chosen and duly qualified according to the provisions of
this Constitution.
Sec. 6. The seat of government of this State shall remain at the
city of Raleigh.
Sec. 7. No person, who shall hold any office or place of trust or
profit under the United States, or any department thereof, or under
this State, or under any other State or Government, shall hold or
exercise any other office or place of trust or profit under the authority
of this State, or be eligible to a seat in either House of the General
Assembly: Provided^ that nothing herein contained shall extend to
officers in the militia. Justices of the Peace, Commissioners of Public
Charities, or Commissioners for special purposes.
Sec. 8. All marriages between a white person and a negro, or
between a white person and white person of negro descent to the third
generation inclusive, are hereby forever prohibited.
NORTH DAKOTA
For organic acts relating to the land now included within North Dakota see
in this work:
Treaty Ceding Louisiana, 1803 (Louisiana, p. 1359).
District of Louisiana, 1804 (Louisiana, p. 1364).
Territory of Louisiana, 1805 (Louisiana, p. 1373).
Territory of Missouri, 1812 (Missouri, p. 2139).
Act Extending Bounds of Michigan Territory, 1834 (Iowa, p. 1111).
Territory of Wisconsin, 1836 (Wisconsin, 1836, p. 4065).
Territory of Iowa, 1838 (Iowa, p. 1111).
Territory of Minnesota, 1849 (Minnesota, p. 1981).
Territory of Nebraska, 1854 (Kansas, p. 1161).
Enabling act for North Dakota, 1889 (Montana, p. 2281).
TEMPORARY GOVERNMENT FOR THE TERRITORY OF DAKOTA—
1861 «
[Thiety-sixth Congeess, Second Session]
An Act to provide a temporary Government for the Territory of Dakota, and to
create the Office of Surveyor-General therein
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That all that part
of the territory of the United States included Avithin the following
limits, namely: commencing at a point in the main channel of the
Red River of the North, where the forty-ninth degree of north lati-
tude crosses the same; thence up the main channel of the same, and
along the boundary of the State of Minnesota to Big Stone Lake;
thence along the boundary line of the said State of Minnesota to the
Iowa line ; thence along the boundary line of the State of Iowa to the
point of intersection between the Big Sioux and Missouri rivers;
« For other statutes of an organic nature relating to the Territory of Dakota
see the act to prohibit slavery in, June 19, 1862; to define the veto and other
powers of the governor, March 2, 1863 ; to regulate elective franchise in, Jan-
uaiy 25, 1867; to prohibit special acts of incorporation, March 2, 1867; to
empower legislature to pass general laws for the incorporation of certain com-
panies, June 10, 1872 ; to limit the duration of legislative sessions and to fix the
pay of members, January 23, 1873; to readjust the western boundary of, Feb-
ruary 14, 1873 ; to declare the true meaning of a certain territorial act, March 2,
1875 ; to provide for an additional judge, March 3, 1879 ; to fix number of mem-
bers and compensation of each house of legislature, June 19, 1878, June 27, 1879 ;
to increase number of members of legislature*, June 12, 1884; to reorganize courts
and appoint additional justices, July 4, 1884; to limit number of representative
districts, March 3. 1885 ; to limit legislature's power to pass special acts of incor-
poration, March 3, 1885; to give validity to certain acts of legislature, June 30,
1886; to prohibit various forms of special legislation, July 30, 1886; to permit
the erection of counties, July 19, 1888 ; to reorganize the courts, August 8, 1888.
2845
2846 North Dakota— 1861
thence up the Missouri river, and along the boundary line of the Terri-
tory of Nebraska, to the mouth of the Niobrara or Eunning Water
river ; thence following up the same, in the middle of the main chan-
nel thereof to the mouth of the Kehapaha or Turtle Hill river ; thence
up said river to the forty-third parallel of north latitude ; thence due
west to the present boundary of the Territory of Washington ; thence
along the boundary line of Washington Territory, to the forty-ninth
degree of north latitude; thence east, along said forty-ninth degree
of north latitude to the place of beginning, be, and the same is hereby,
organized into a temporary government, by the name of the Terri-
tory of Dakota: Provided^ That nothing in this act contained shall
be construed to impair the rights of person or property now pertain-
ing to the Indians in said Territory, so long as such rights shall
remain unextinguished by treaty between the United States and such
Indians, or to include any territory which, by treaty w^ith any Indian
tribe, is not, without the consent of said tribe, to be included within
the territorial limits or jurisdiction of any State or Territory; but
all such territory shall be excepted out of the boundaries and con-
stitute no part of the Territory of Dakota, until said tribe shall
signify their assent to the President of the United States to be
included within the said Territory or to affect the authority of the
government of the United States to make any regulations respecting
such Indians, their lands, property, or other rights, by treaty, law,
or otherwise, which it would have been competent for the govern-
ment to make if this act had never passed: Provided^ further^ That
nothing in this act contained shall be construed to inhibit the gov-
ernment of the United States from dividing said Territory into two
or more Territories, in such manner and at such times as Congress
shall deem convenient and proper, or from attaching any portion
thereof to any other Territory or State.
Sec. 2. And he it further enacted^ That the executive power and
authority in and over said Territory of Dakota, shall be vested in a
governor, who shall hold his office for four years, and until his suc-
cessor shall be appointed and qualified, unless sooner removed by the
President of the United States. The governor shall reside within
said Territory, shall be commander-in-chief of the militia thereof,
shall perform the duties and receive the emoluments of superintendent
of Indian affairs, and shall approve all laws passed by the legislative
assembly before they shall take effect; he may grant pardons for
offences against the laws of said Territory and reprieves for offences
against the laws of the United States until the decision of the Presi-
dent can be made known thereon ; he shall commission all officers who
shall be appointed to office under the laws of said Territory and shall
take care that the laws be faithfully executed.
Sec. 3. And he it further enacted^ That there shall be a secretary
of said Territory, who shall reside therein, and hold his office for four
years, unless sooner removed by the President of the United States:
he shall record and preserve all the laws and proceedings of the legis-
lative assembly hereinafter constituted, and all the acts and proceed-
ings of the governor in his executive department ; he shall transmit
one copy of the laws, and one copy of the executive proceedings, on or
before the first day of December in each year, to the President of the
United States, and, at the same time, two copies of the laws to the
North Dakota— 1861 2847
Speaker of the House of Kepresentatives and the President of the
Senate, for the use of Congress ; and in case of the death, removal, or
resignation, or other necessary absence of the governor from the Ter-
ritory, the secretary shall have, and he is hereby authorized and re-
quired, to execute and perform all the powers and duties of the gov-
ernor during such vacancy or necessary absence, or until another
governor shall be duly appointed to .fill such vacancy.
Sec. 4. And he it further enacted^ That the legislative power and
authority of said Territory shall be vested in the governor and a legis-
lative assembly. The legislative assembly shall consist of a council
and house of representatives. The council shall consist of nine mem-
bers, which may be increased to thirteen, having the qualifications of
voters as hereinafter prescribed, whose term of service shall continue
two years. The house of representatives shall consist of thirteen
members, which may be increased to twenty-six, possessing the same
qualifications as prescribed for members of the council, and whose
term of service shall continue one year. An apportionment shall be
made, as nearly as practicable, among the several counties or districts
for the election of the council and house of representatives, giving to
each section of the Territory representation in the ratio of its popu-
lation, (Indians excepted) as nearly as may be; and the members of
the council and of the house of representatives shall reside in, and be
inhabitants of, the district for which they may be elected, respec-
tively. Previous to the first election, the governor shall cause a cen-
sus or enumeration of the inhabitants of the several counties and dis-
tricts of the Territory to be taken ; and the first election shall be held
at such time and places, and be conducted in such manner, as the
governor shall appoint and direct; and he shall, at the same time,
declare the number of the members of the council and house of repre-
sentatives to which each of the counties or districts shall be entitled
under this act. The number of persons authorized to be elected, hav-
ing the highest number of votes in each of the said council districts,
for members of the council, shall be declared by the governor to be
duly elected to the council; and the person or persons authorized to
be elected having the greatest number of votes for the house of repre-
sentatives, equal to the number to which each county or district shall
be entitled, shall be declared by the governor to be elected members of
the house of representatives : Provided^ That in case of a tie between
two or more persons voted for, the governor shall order a new elec-
tion, to supply the vacancy made by such tie. And the persons thus
elected to the legislative assembly shall meet at such place and on
such day as the governor shall appoint; but thereafter, the time,
place, and manner of holding and conducting all elections by the
people, and the apportioning the representation in the several counties
and districts to the council and house of representatives, according to
the population, shall be prescribed by law, as well as the day of the
commencement of the regular sessions of the legislative assembly:
Provided^ That no one session shall exceed the term of forty days,
except the first, which may be extended to sixty days, but no longer.
Sec. 5. And he it further enacted^ That everv free white male
inhabitant of the United States above the age or twenty-one years,
who shall have been a resident of said Territory at the time of the
passage of this act, shall be entitled to vote at the first election, and
2848 North Dakota— 1861
shall be eligible to any office within the said Territory ; but the quali-
fications of voters and of holding office at all subsequent elections
shall be such as shall be prescribed by the legislative assembly : Pro-
rided^ That the right of suffrage and of holding office shall be exer-
cised only by citizens of the United States and those who shall have
declared on oath their intention to become such, and shall have taken
an oath to support the Constitution of the United States.
Sec. 6. And he it further enacted. That the legislative power of the
Territory shall extend to all rightful subjects of legislation consist-
ent with the Constitution of the United States and the provisions of
this act; but no law shall be passed interfering with the primary
disposal of the soil; no tax shall be imposed upon the j^roperty of
the United States ; nor shall the lands or other property of non-resi-
dents be taxed higher than the lands or other property of residents;
nor shall any law be passed impairing the rights of private property;
nor shall any discrimination be made in taxing different kinds of
property; but all property subject to taxation shall be in proportion
to the value of the property taxed.
Sec. 7. And he it further enacted^ That all township, district, and
county officers, not herein otherwise provided for, shall be appointed
or elected, as the case may be, in such manner as shall be provided
by the governor and legislative assembly of the Territory. The gov-
ernor shall nominate and, by and with the advice and consent of the
legislative council, appoint all officers not herein otherwise provided
for; and, in the first instance, the governor alone may appoint all
said officers, who shall hold their offices until the end of the first ses-
sion of the legislative assembly, and shall lay off the necessary dis-
tricts for members of the council and house of representatives, and
all other officers.
Sec. 8. And he it further enacted^ That no member of the legis-
lative assembly shall hold or be appointed to any office which shall
have been created, or the salary or emoluments of which shall have
been increased while he was a member, during the term for which
he was elected, and for one year after the expiration of such term;
and no person holding a commission or appointment under the United
States, except postmasters, shall be a member of the legislative assem-
bly, or shall hold any office under the government of said Territory.
Sec. 9. And he it further enacted^ That the judicial power of said
Territory shall be vested in a supreme court, district courts, probate
courts, and in justices of the peace. The supreme court shall consist
of a chief -justice and two associate justices, any two of whom shall
constitute a quorum, and who shall hold a term at the seat of gov-
ernment of said Territory annually, and they shall hold their offices
during the period of four years. The said Territory shall be divided
into three judicial districts, and a district court shall be held in each
of said districts by one of the justices of the supreme court, at such
time and place as may be prescribed by law; and the said judges
shall, after their appointments, respectively, reside in the districts
which shall be assigned them. The jurisdiction of the several courts
herein provided for, both appellate and original, and that of the
probate courts and of the justices of the peace, shall be as limited
by law: Provided^ That justices of the peace shall not have jurisdic-
tion of any matter in controversy when the title or boundaries of
I
North Dakota— 1861 2849
land may be in dispute, or when the debt or sum claimed shall exceed
one hundred dollars; and the said supreme district courts, respec-
tively, shall possess chancery as well as common-law jurisdiction, and
authority for redress of all wrongs committed against the Constitu-
tion or laws of the United States, or of the Territory, affecting per-
sons or property. Each district court, or the judge thereof, shall
appoint its clerk, who shall also be the register in chancery, and
shall keep his office at the place where the court may be held. Writs
of error, bills of exception, and appeals, shall be allowed in all cases
from the final decisions of said district courts to the supreme court,
under such regulations as may be prescribed by law ; but in no case
removed to the supreme court shall trial by jury be allowed in said
court. The supreme court, or the justices thereof, shall appoint its
own clerk, and every clerk shall hold his office at the pleasure of the
court for which he shall have been appointed. Writs of error and
appeals from the final decisions of said supreme court shall be
allowed, and may be taken to the Supreme Court of the United
States, in the same manner and under the same regulations as from the
circuit courts of the United States, where the value of the property,
or the amount in controversy, to be ascertained by the oath or affirma-
tion of either party, or other competent witness, shall exceed one
thousand dollars; and each of the said district courts shall have
and exercise the same jurisdiction, in all cases arising under the Con-
stitution and laws of the United States as is vested in the circuit and
district courts of the United States; and the said supreme and dis-
trict courts of the said Territory, and the respective judges thereof,
shall and may grant writs of habeas corpus in all cases in which the
same are grantable by the judges of the United States in the District
of Columbia ; and the first six days of every term of said courts, or
so much thereof as shall be necessary, shall be appropriated to the
trial of causes arising under the said Constitution and laws; and
writs of error and appeals in all such cases shall be made to the
supreme court of said Territory the same as in other cases. The sa id
clerk shall receive, in all such cases, the same fees which the clerks
of the district courts of Nebraska Territory now receive for similar
services.
Sec. 10. And be it further enacted, That there shall be appointed
an attorney for said Territory, who shall continue in office for four
years, unless sooner removed by the President, and who shall receive
the same fees and salary as the attorney of the United States for the
present Territory of Nebraska. There shall also be a marshal for the
Territory appointed, who shall hold his office for four years, unless
sooner removed by the President, and who shall execute all processes
issuing from the said courts when exercising their jurisdiction as
circuit and district courts of the United States ; he shall perform the
duties, be subject to the same regulations and penalties, and be enti-
tled to the same fees as the marshal of the district court of the
United States for the present Territory of Nebraska, and shall, in
addition, be paid two hundred dollars annually as a compensation for
extra services.
Sec. 11. And he it further enacted, That the governor, secretary,
chief justice and associate justices, attorney, and marshal, shall be
nominated and, by and with the advice and consent of the Senate,
2850 North Dakota— 1861
appointed by the President of the United States. The governor and
secretary to be appointed as aforesaid shall, before they act as such,
respectively take an oath or affirmation before the district judge, or
some justice of the peace in the limits of the said Territory duly
authorized to administer oaths and affirmations by the laws now in
force therein, or before the chief justice or some associate justice of
the Supreme Court of the United States, to support the Constitution
of the United States and faithfully to discharge the duties of their
respective offices; which said oaths, when so taken, shall be certified
by the person by whom the same shall have been taken; and such
certificates shall be received and recorded by the secretary among the
executive proceedings; and the chief justice and associate justices,
and all other civil officers in said Territory, before they act as such,
shall take a like oath or affirmation before the said governor or secre-
tary, or some judge or justice of the peace of the Territory who may
be duly commissioned and qualified, which said oath or affirmation
shall be certified and transmitted by the person taking the same to
the secretary, to be by him recorded as aforesaid; and afterwards the
like oath or affirmation shall be taken, certified, and recorded in such
man(n)er and form as may be prescribed by law. The governor
shall receive an annual salary of fifteen hundred dollars as governor,
and one thousand dollars as superintendent of Indian affairs; the
chief justice and associate justices shall each receive an annual salary
of eighteen hundred dollars ; the secretary shall receive an annual sal-
ary of eighteen hundred dollars. The said salary shall be paid quarter-
yearly at the Treasury of the United States. The members of the
legislative assembly shall be entitled to receive three dollars each per
day during their attendance at the session thereof, and three dollars
for every twenty miles' travel in going to and returning from said
sessions, estimated according to the nearest usually travelled route.
There shall be appropriated annually the sum of one thousand dollars,
to be expended by the governor to defray the contingent expenses of
the Territory. There shall also be appropriated annually a sufficient
sum to be expended by the secretary of the Territory and upon an
estimate to be made by the Secretary of the Treasury of the United
States, to defray the expenses of the legislative assembly, the printing
of the laws, and other incidental expenses; and the secretary of the
Territory shall annually account to the Secretary of the Treasury of
the United States for the manner in which the aforesaid sum shall
have been expended.
Sec. 12. And he it further enacted ^^ That the legislative assembly of
the Territory of Dakota shall hold its first session at such time and
place in said Territory as the governor thereof shall appoint and
direct; and at said first session, or as soon thereafter as they shall
deem expedient, the governor and legislative assembly shall proceed
to locate and establish the seat of government for said Territory at
such place as they may deem eligible; which place, however, shall
thereafter be subject to be changed by the said governor and legis-
lative assembly.
Sec. 13. And he it further enacted^ That a delegate to the House of
Eepresentatives of the United States, to serve during each Congress
of the United States, may be elected by the voters, qualified to elect
members of the legislative assembly, who shall be entitled to the same
k
North Dakota— 1861 2851
rights and privileges as are exercised and enjoyed by the delegates
from the several other Territories of the United States to the said
House of Representatives. The first election shall be held at such
time and places, and be conducted in such manner, as the governor
shall appoint and direct; and at all subsequent elections, the times,
places, and manner of holding elections shall be prescribed by law.
The person having the greatest number of votes shall be declared by
the governor to be duly elected, and a certificate thereof shall be given
accordingly.
Sec. 14. And he it further enacted., That when the land in said
Territory shall be surveyed, under the direction of the government
of the United States, preparatory to bringing the same into market,
sections numbered sixteen and thirty-six in each township in said
Territory shall be, and the same are hereby, reserved for the purpose
of being applied to schools in the States hereafter to be erected out of
the same.
Sec. 15. And he it further enacted., That temporarily, and until
otherwise provided by law, the governor of said Territory may define
the judicial districts of said Territory and assign the judges who may
be appointed for said Territory to the several districts, and also
appoint the times and places for holding courts in the several counties
or subdivisions in each of said judicial districts by proclamation to
be issued by him; but the legislative assembly, at their first or any
subsequent session, may organize, alter, or modify such judicial dis-
tricts, and assign the judges, and alter the times and places of holding
the courts, as to them shall seem proper and convenient.
Sec. 1(). And he it further enacted.. That the Constitution and all
laws of the United States which are not locally inapplicable shall
have the same force and effect within the said Territory of Dakota
as elsewhere within the United States.
Sec. 17. And he it further enacted.. That the President of the
United States, by and with the advice and consent of the Senate, shall
be, and he is hereby, authorized to appoint a surveyor-general for
Dakota, who shall locate his office at such place as the Secretary of
the Interior shall from time to time direct, and whose duties, powers,
obligations, responsibilities, compensation, and allowances for clerk
hire, office rent, fuel, and incidental expenses, shall be the same as
those of the surveyor-general of Nebraska and Kansas, under the
direction of the Secretary of the Interior, and such instructions as
he may from time to time deem it advisable to give him.
Sec. 18. And he it further enacted., That so much of the public
lands of the United States in the Territory of Dakota, west of its
eastern boundary and east and north of the Niobrara, or Running
Water river, be formed into a land district, to be called the Yancton
district, at such time as the President may direct, the land office for
which shall be located at such point as the President may direct, and
shall be removed from time to time to other points within said dis-
trict whenever, in his opinion, it may be expedient.
Sec. 19. And he it further enacted.. That the President be, and he
is hereby, authorized to appoint, by and with the advice und consent
of the Senate, a register and receiver for said district, who shall
respectively be required to reside at the site of said office, and who
shall have the same powers, perform the same duties, and be entitled
7254— VOL 5—09 21
2852 ' North Dakota— 1889
to the same compensation, as are or may be prescribed by law in
relation to other land-offices of the United States.
Sec. 20. And he it further enacted, That the river in said Territory
heretofore known as the " River aux Jacques," or " James river," shall
hereafter be called the Dakota river.
Sec. 21. And he it further enacted, That, until Congress shall other-
wise direct, that portion of the Territories of Utah and Washington
between the forty-first and forty-third degrees of north latitude, and
east of the thirty-third meridian of longitude west from Washing-
ton, shall be, and is hereby, incorporated into and made a part of the
Territory of Nebraska.
Approved, March 2, 1861.
ENABLING ACT FOR NORTH DAKOTA— 1889
(See Montana, p. 2281.)
PROCLAMATION ANNOUNCING ADMISSION OF NORTH DAKOTA—
1889
By the President of the United States or America
A PROCLAMATION
Whereas the Congress of the United States did by an act approved
on the twenty-second day of February one thousand eight hundred
arid eighty-nine provide that the inhabitants of the Territory of
Dakota might, upon the conditions prescribed in said act become the
States of North Dakota and South Dakota ;
And whereas it was provided by said act that the area comprising
the Territory of Dakota should, for the purposes of the act, be
divided on the line of the seventh standard parallel produced due
west to the western boundary of said Territory and that the delegates
elected as therein provided to the Constitutional convention in dis-
tricts north of said parallel should assemble in convention, at the
time prescribed in the act, at the city of Bismarck ;
And whereas it was provided by the said act that the delegates
elected as aforesaid should, after they had met and organized, de-
clare on behalf of the people of North Dakota, that they adopt the
Constitution of the United States; whereupon the said convention
should be authorized to form a constitution and State Government
for the proposed State of North Dakota ;
And whereas it was provided by said act that the Constitution so
adopted should be republican in form and make no distinction in
civil or political rights on account of race or color, except as to In-
dians not taxed, and not be repugnant to the Constitution of the
United States and the principles of the Declaration of Independence ;
and Ihat the Convention should, by an ordinance irrevocable without
the consent of the United States and the people of said States, make
certain provisions prescribed in said act ;
And whereas it was provided by said act that the Constitutions, of
North Dakota and South Dakota should, respectively, incorporate
North Dakota— 1889 2853
an agreement to be reached in accordance with the provision of the
act, for an equitable division of all property belonging to the Terri-
tory of Dakota, the disposition of all public records, and also for
the apportionment of the debts and liabilities of said Territory, and
that each of said States should obligate itself to pay its proportion
of such debts and liabilities the same as if they had been created by
such States respectively ;
And whereas it was provided by said act that the Constitution thus
formed for the people of North Dakota should, by an ordinance of
the Convention forming the same, be submitted to the people of
North Dakota at an election to be held therein on the first Tuesday
in October, eighteen hundred and eighty-nine, for ratification or
rejection by the qualified voters of said proposed State and that the
returns of said election should be made to the Secretary of the Ter-
ritory of Dakota, who, with the Governor, and Chief Justice thereof,
or any two of them, should canvass the same; and if d majority of
the legal votes cast should be for the Constitution, the Governor
should certify the result to the President of the United States,
together with a statement of the votes cast thereon, and upon separate
articles or propositions and a copy of said Constitution, articles,
propositions and ordinances;
And whereas it has been certified to me by the Governor of the
Territory of Dakota that within the time prescribed by said act of
Congress a Constitution for the proposed State of North Dakota has
been adopted and the same ratified by a majority of the qualified
voters of said proposed State in accordance with the conditions pre-
scribed in said act;
And whereas it is also certified to me by the said Governor that at
the same time that the body of said Constitution was submitted to a
vote of the people, a separate article, numbered twenty and entitled
" Prohibition," was also submitted and received a majority of all the
votes cast for and against said article as well as a majority of all the
votes cast for and against the Constitution, and was adopted.
And whereas a duly authenticated copy of said Constitution, arti-
cle, ordinances and propositions, as required by said act has been
received by me :
Now, therefore, I, Benjamin Harrison, President of the United
States of America, do, in accordance with the provisions of the act of
Congress aforesaid, declare and proclaim the fact that the conditions
imposed by Congress on the State of North Dakota to entitle that
State to admission to the Union have been ratified and accepted and
that the admission of the said State into the Union is now complete.
In testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affixed.
Done at the City of Washington, this second day of November, in
the year of our Lord one thousand eight hundred and
[seal.] eighty-nine, and of the Independence of the United States
of America the one hundred and fourteenth.
Benj. Harrison.
By the President :
James G. Blaine,
Secretary of State,
2854 North Dakota— 1889
CONSTITUTION OF NORTH DAKOTA— 1889 * «
We, the people of North Dakota, grateful to Almighty God for
the blessings of civil and religious liberty, do ordain and establish
this constitution.
Article 1
declaration of rights
§ 1. All men are by nature equally free and independent and have
certain inalienable rights, among which are those of enjoying and
defending life and liberty; acquiring, possessing and protecting
property and reputation; and pursuing and obtaining safety and
happiness.
§ 2. All political power is inherent in the people. Government
is instituted for the protection, security and benefit of the people,
and they have a right to alter or reform the same whenever the public
good may require.
§ 3. The State of North Dakota is an inseparable part of the
American union and the constitution of the United States is the
supreme law of the land.
§ 4. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference shall be forever guar-
anteed in this state, and no person shall be rendered incompetent to
be a witness or juror on account of his opinion on matters of religious
belief; but the liberty of conscience hereby secured shall not be
so construed as to excuse acts of licentiousness, or justify practices
inconsistent with the peace or safety of this state.
§ 5. The privilege of the writ of habeas corpus shall not be sus-
pended unless when in case of rebellion or invasion, the public safety
may require.
§ 6. All persons shall be bailable by sufficient sureties, unless for
capital offenses when the proof is evident or the presumtion great.
Excessive bail shall not be required, nor excessive fines imposed, nor
shall cruel or unusual punishments be inflicted. Witnesses shall not
* Verified from copy sent by the Secretary of State cf North Dakota, March
28, 1907. (N. d.; no title page, Editor.)
The Convention which formed this Constitution assembled at Bismarck, July
4, 1880, adjourned, August 17, 1889, and was adopted by popular vote, October
1, 1889. For the Constitution, 27.441 ; against the Constitution, 8,107.
" Journal of the Constitutional Convention for North Dakota held at Bis-
marck, Thursday, July 4, to Aug. 17, 1889, together with the enabling act of
Congress and the Proceedings of the joint commission appointed for the ecpiita-
ble division of Territorial Property, Bismarck, North Dakota : Tribune, State
Printers and Binders, 1889," pp. 400. Ap. "A," ; " B " ; Index.
Oflicial Report of the Proceedings and Debates of the First Constitutional
Convention of North Dakota, assembled in the City of Bismarck, July 4th to
Aug. 17th, 1889. R. M. Tuttle, Official Stenographer, Bismarck, North Dakota :
Tribune, State Printers and Binders, 1889," pp. 935, Constitution, pp. XLIX.
Index.
See also, " Journal of the Proceedings of the Constitutional Convention Held
under Act of the Legislature at Sioux Falls, Dakota, September, 1885. Printed
at the office of S. T. Clover, Sioux Falls Leader, Sioux Falls, Dak," pp. 77,
folio. For Proceedings and Debates in this Convention see " Bismarck Daily
Tribune, July 4th to Aug. 5th, 1889.
oAdopted October 1, 1889 ; yeas, 27,441 ; nays, 8,107.
\
North Dakota— 1889 2855
be unreasonably detained, nor be confined in any room where crimi-
nals are actually imprisoned.
§ 7. The right of trial by jury shall be secured to all, and remain
inviolate; but a jury in civil cases, in courts not of record, may con-
sist of less than twelve men, as may be prescribed by law.
§ 8. Until otherwise provided by law, no person shall, for a felony,
be proceeded against criminally, otherwise than by indictment, 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. In all other cases,
offenses shall be prosecuted criminally by indictment or information.
The legislative assembly may change, regulate or abolish the grand
jury system.
i^ 9. Every man may freely write, speak and publish his opinions
on all subjects, being responsible for the abuse of that privilege.
In all civil and criminal trials for libel the truth may be given in
evidence, and shall be a sufficient defense when the matter is pub-
lished with good motives and for jusitfiable ends; and the jury shall
have the same power of giving a general A^erdict as in other cases;
and in all indictments or informations for libels the jury shall have
the right to determine the law and the facts under the direction of
the court as in other cases.
§ 10. The citizens have a right, in a peaceable manner, to assemble
together for the common good, and to apply to those invested with
the powers of government for the redress of grievances, or for other
proper purposes, by petition, address or remonstrance.
§ 11. All laws of a general nature shall have a uniform operation.
§ 12. The military shall be subordinate to the civil power. No
standing army shall be maintained by this state in time of peace, and
no soldiers shall, in time of peace, be quartered in any house without
the consent of the owner ; nor in time of war, except in the manner
prescribed by law.
§ 13. In criminal prosecutions in any court whatever, the party
accused shall have the right to a speedy and public trial; to have
the process of the court to compel the attendance of witnesses in his
behalf; and to appear and defend in person and with counsel. No
person shall be twice put in jeopardy for the same offense, nor be com-
pelled in any criminal case to be a witness against himself, nor be
deprived of life, liberty or property without due process of law.
§ 14. Private property shall not be taken or damaged for public
use without just compensation having been first made to, or paid
into court for the owner, and no right of way shall be appropriated
to the use of any corporation, other than municipal, until full com-
pensation therefor be first made in money or ascertained and paid into
court for the owner, irrespective of any benefit from any improvement
proposed by such corporation, which compensation shall be ascer-
tained by a jury, unless a jury be waived.
§ 15. No person shall be imprisoned for debt unless upon refusal to
deliver up his estate for the benefit of his creditors, in such manner as
shall be prescribed by law; or in cases of tort; or where there is
strong presumption of fraud.
§ 16. No bill of attainder, ex post facto law, or law impairing the
obligations of contracts shall ever be passed.
§ 17. Neither slavery nor involuntary servitude, unless for the pun-
ishment of crime, shall ever be tolerated in this state.
2856 North Dakota— 1889
§ 18. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seiz.ures, shall
not be violated ; and no warrant shall issue but upon probable cause,
supported by oath or affirmation, particularly describing the place to
be searched and the persons and things to be seized.
§ 19. Treason against the state shall consist only in levying war
against it, adhering to its enemies or giving them aid and comfort.
No person shall be convicted of treason unless 6n the evidence of two
witnesses to the same overt act, or confession in open court.
§ 20. No special privileges or immunities shall ever be granted
which may not be altered, revoked or repealed by the legislative
assembly; nor shall any citizen or class of citizens be granted privi-
leges or immunities which upon the same terms shall not be granted
to all citizens.
§ 21. The provisions of this constitution are mandatory and pro-
hibitory unless, by express words, they are declared to be otherwise.
§ 22. All courts shall be open, and every man for any injury done
him in his lands, goods, person or reputation shall have remedy by
due process of law, and right and justice administered without sale,
denial or delay. Suits may be brought against the state in such
manner, in such courts, and in such cases, as the legislative assembly
may, by law, direct.
§ 23. Every citizen of this state shall be free to obtain employ-
ment w^herever possible, and any person, corporation, or agent
thereof, maliciously interfering or hindering in any way, any citizen
from obtaining or enjoying employment already obtained, from any
other corporation or person, shall be deemed guilty of a misdemeanor.
§ 24. To guard against transgressions of the high powers which
we have delegated, Ave declare that everything in this article is
excepted out of the general powers of government and shall forever
remain inviolate.
Article 2
the legislative department
§ 25. The legislative power shall be vested in a senate and house of
representatives.
§ 26. The senate shall be composed of not less than thirty nor more
than fifty members.
§ 27. Senators shall be elected for the term of four years, except as
hereinafter provided.
§ 28. No person shall be a senator who is not a qualified elector in
the district in which he may be chosen, and who shall not have
attained the age of twenty-five years, and have been a resident of the
state or territory for two years next preceding his election.
§ 29. The legislative assembly shall fix the number of senators, and
divide the state into as many senatorial districts as there are senators,
which districts as nearly as may be, shall be equal to each other in
the number of inhabitants entitled to representation. Each district
shall be entitled to one senator and no more, and shall be composed
of compact and contiguous territory ; and no portion of any county
shall be attached to any other county, or part thereof, so as to form a
district. The districts as thus ascertained and determined shall
continue until changed by law.
b
North Dakota— 1889 2857
§ 30. The senatorial districts shall be numbered consecutively from
one upwards, according to the number of districts prescribed, and the
senators shall be divided into two classes. Those elected in the dis-
tricts designated by even numbers shall constitute one class, and those
elected in districts designated by odd numbers shall constitute the
other class. The senators of one class elected in the year 1890 shall
hold their office for two years, those of the other class shall hold their
office four years, and the determination of the two classes shall be by
lot, so that one-half of the senators, as nearly as practicable, may be
elected biennially.
§ 31. The senate, at the beginning and close of each regular session,
and at such other times as may be necessary, shall elect one of its
members president pro tempore, who may take the place of the
lieutenant governor under rules prescribed by law.
§ 32. The house of representatives shall be composed of not less
than sixty, nor more than one hundred and forty members.
§ 33. Representatives shall be elected for the term of two years.
§ 34. No person shall be a representative who is not a qualified
elector in the district from which he may be chosen, and who shall
not have attained the age of twenty-one years, and have been a resi-
dent of the state or territory for two years next preceding his
election.
§ 35. The members of the house of representatives shall be appor-
tioned to and elected at large from each senatorial district. The
legislative assembly shall, in the year 1895, and every tenth year,
cause an enumeration to be made of all the inhabitants of this state,
and shall at its first regular session after each enumeration, and also
after each federal census, proceed to fix by law the number of sena-
tors, which shall constitute the senate of North Dakota, and the
lumiber of representatives which shall constitute the house of repre-
sentatives of North Dakota, within the limits prescribed by this
constitution and at the same session shall proceed to reapportion the
state into senatorial districts, as prescribed by this constitution, and to
fix the number of members of the house of representatives to be
elected from the several senatorial districts; provided, that the leg-
islative assembly may at any regular session, redistrict the state into
senatorial districts, and apportion the senators and representatives
respectively.
§ 36. The house of representatives shall elect one of its members as
speaker.
§ 37. No judge or clerk of any court, secretary of state, attorney
general, register of deeds, sheriff or person holding any office of profit
under this state, except in the militia or the office of attorney at law,
notary public or justice of the peace, and no person holding any office
of profit or honor under any foreign government, or under the gov-
ernment of the United States, except postmasters whose annual com-
pensation does not exceed the sum of three hundred dollars, shall hold
any office in either branch of the legislative assembly or become a,
member thereof.
§ 38. No member of the legislative assembljr, expelled for corrup-
tion, and no person convicted of bribery, perjury or other infamous
crime, shall be eligible to the legislative assembly, or to any office in
either branch thereof.
2858 North Dakota— 1889
§ 39. No member of the legislative assembly shall, during the term
for which he was elected, be appointed or elected to any civil office in
this state, which shall have been created, or the emoluments of which
shall have been increased, during the term for which he was elected ;
nor shall any member receive any civil appointment from the governor,
or governor and senate, during the term for which he shall have been
elected.
§ 40. If any person elected to either house of the legislative assem-
bly shall offer or promise to give his vote or influence, in favor of, or
against any measures or proposition pending or proposed to be intro-
duced into the legislative assembly, in consideration, or upon condi-
tions, that any other person elected to the same legislative assembly
will give, or will promise or assent to give, his vote or influence in
favor of or against any other measure or proposition, pending or pro-
posed to be introduced into such legislative assembly, the person mak-
ing such offer or promise shall be deemed guilty of solicitation of
bribery. If any member of the legislative assembly shall give his
vote or influence for or against any measure or proposition, pending or
proposed to be introduced into such legislative assembly, or offer,
promise or assent so to do upon condition that any other member will
give, promise or assent to give his vote or influence in favor of or
against any other such measure or proposition pending or proposed to
be introduced into such legislative assembly, or in consideration that
any other member hath given his vote or influence, for or against
any other measure or proposition in such legislative assembly, he shall
be deemed guilty of bribery. And any person, member of the legis-
lative assembly or person elected thereto, who shall be guilty of either
such offenses, shall be expelled, and shall not thereafter be eligible to
the legislative assembly, and, on the conviction thereof in the civil
courts, shall be liable to such further penalty as may be prescribed
by law.
§ 41. The term of service of the members of the legislative assembly
shall begin on the first Tuesday in January, next after their election.
§ 42. The members of the legislative assembly shall in all cases
except treason, felony and breach of the peace, be privileged from
arrest during their attendance at the sessions of their respective
houses, and in going to or returning from the same. For words used
in any speech or debate in either house, they shall not be questioned
in any other place.
§ 43. Any member who has a personal or private interest in any
measure or bill proposed or pending before the legislative assembly,
shall disclose the fact to the house of which he is a member, and shall
not vote thereon without the consent of the house.
§ 44. The governor shall issue writs of election to fill such vacan-
cies as may occur in either house of the legislative assembly.
§ 45. Each member of the legislative assembly shall receive as a
compensation for his services for each session, five dollars per day,
and ten cents for every mile of necessary travel in going to and re-
turning from the place of the meeting of the legislative assembly on
the most usual route.
§ 46^ A majority of the members of each house shall constitute a
quorum, but a smaller number may adjourn from day to day, and
North Dakota— 1889 2859
may compel the attendance of absent members, in such a manner, and
under such a penalty, as may be prescribed by l^^V^—
§ 47. Each house shall be the judge of the election returns and
qualifications of its own members.
§ 48. Each house shall have the power to determine the rules of
proceeding, and punish its members or other persons for contempt or
disorderly behavior in its presence; to protect its members against
violence or offers of bribes or private solicitation, and with the con-
currence of two-thirds, to expel a member; and shall have all other
powers necessary and usual in the legislative assembly of a free state.
But no imprisonment by either house shall continue beyond thirty
(hiys. Punishment for contempt or disorderly behavior shall not bar
a criminal prosecution for the same offense.
§ 49. Each house shall keep a journal of its proceedings, and the
yeas and nays on any question shall be taken and entered on the
journal at the request of one-sixth of those present.
§ 50. The sessions of each house and of the committee of the
whole shall be open unless the business is such as ought to be kept
secret.
§ 51. Neither house shall, without the consent of the other, ad-
journ for more than three days nor to any other place than that in
which the two houses shall be sitting, except in case of epidemic,
pestilence or other great danger.
§ 52. The senate and house of representatives jointly shall be
designated as the Legislative Assembly of the State of North Dakota.
§ 53. The legislative assembly shall meet at the seat of government
at twelve o'clock noon on the first Tuesday after the first Monday in
January, in the year next following the election of the members
thereof.
§ 54. In all elections to be made by the legislative assembly, or
either house thereof, the members shall vote viva voce, and their
votes shall be entered in the journal.
§ 55. The sessions of the legislative assembly shall be biennial, ex-
cept as otherwise provided in this constitution.
§ 5G. No regular session of the legislative assembly shall exceed
sixty days, except in case of impeachment, but the first session of the
legislative assembly may continue for a period of one hundred and
twenty days.
§ 57. Any bill may originate in either house of the legislative
assembly, and a bill passed by one house may be amended by the
other.
§ 58. No law shall be passed, except by a bill adopted by both
houses, and no bill shall be so altered and amended on its passage
through either house as to change its original purpose.
§ 59. The enacting clause of every law shall be as follows : " Be it
Enacted by the Legislative Assembly of the State of North Dakota."
§ 60. No bill for the appropriation of money, except for the ex-
penses of the government, shall be introduced after the fortieth day
of the session, except by unanimous consent of the house in which it
is sought to be introduced.
§ 61. No bill shall embrace more than one subject, which shall be
expressed in its title, but a bill which violates this provision shall be
2860 North Dakota— 1889
invalidated thereby only as to so much thereof as shall not be so
expressed.
§ 62. The general appropriation bill shall embrace nothing but
appropriations for the expenses of the executive, legislative and judi-
cial departments of the state, interest on the public debt, and for
public schools. All other appropriations shall be made by separate
bills, each embracing but one subject.
§ 63. Every bill shall be read three several times, but the first and
second readings, and those only, may be upon the same day ; and the
second reading may be by title of the bill unless a reading at length
be demanded. The first and third readings shall be at length. No
legislative day shall be shorter than the natural day.
§ 64. No bill shall be revised or amended, nor the provisions thereof
extended or incorporated in any other bill by reference to its title
only, but so much thereof as is revised, amended or extended or so
incorporated shall be re-enacted and published at length.
§ 65. No bill shall become a law except by a vote of a majority of all
the members-elect in each house, nor unless, on its final passage, the
vote be taken by yeas and nays, and the names of those voting be
entered on the journal.
§ 66. The presiding officer of each house shall, in the presence of
the house over which he presides, sign all bills and joint resolutions
passed by the legislative assembly ; immediately before such signing
their title shall be publicly read and the fact of signing shall be at
once entered on the journal.
§ 67. No act of the legislative assembly shall take effect until July
first, after the close of the session, unless in case of emergency (which
shall be expressed in the preamble or body of the act) the legislative
assembly shall, by a vote of two-thirds of all the members present in
each house, otherwise direct.
§ 68. The legislative assembly shall pass all laws necessary to carry
into effect the provisions of this constitution.
§ 69. The legislative assembly shall not pass local or special laws in
any of the following enumerated cases, that is to say :
1. For granting divorces.
2. Laying out, opening, altering, or working roads or highways,
vacating roads, town plats, streets, alleys or public grounds.
3. Locating or changing county seats.
4. Eegulating county or township affairs.
5. Regulating the practice of courts of justice.
6. Regulating the jurisdiction and duties of justices of the peace,
police magistrates or constables.
7. Changing the rules of evidence in any trial or inquiry.
8. Providing for changes of venue in civil or criminal cases.
9. Declaring any person of age.
10. For limitation of civil actions, or giving effect to informal or
invalid deeds.
11. Summoning or impaneling grand or petit juries.
12. Providing for the management of common schools.
13. Regulating the rate of interest on money.
14. The opening or conducting of any election or designating the
place of voting.
15. The sale or mortgage of real estate belonging to minors or
others under disability.
North Dakota— 1889 2861
16. Chartering or licensing ferries, toll bridges or toll roads.
17. Remitting fines, penalties or forfeitures.
18. Creating, increasing or decreasing fees, percentages or allow-
ances of public officers.
19. Changing the law of descent.
20. Granting to any corporation, association or individual the right
to lay down railroad tracks, or any special or exclusive privilege,
immunity or franchise whatever.
21. For the punishment of crimes.
22. Changing the names of persons or places.
23. For the assessment or collection of taxes.
24. Affecting estates of deceased persons, minors or others under
legal disabilities.
25. Extending the time for the collection of taxes.
26. Refunding money into the state treasury.
27. Relinquishing or extinguishing in whole or in part the in-
debtedness, liability or obligation of any corporation or person to this
state, or to any municipal corporation therein.
28. Legalizing, except as against the state, the unauthorized or
invalid act of any officer.
29. Exempting property from taxation.
30. Restoring to citizenship persons convicted of infamous crimes.
31. Authorizing the creation, extension or impairing of liens.
32. Creating offices, or prescribing the powers or duties of officers
in counties, cities, townships, election or school districts, or author-
izing the adoption or legitimation of children.
33. Incorporation of cities, towns or villages, or changing or
amending the charter of any town, city or village.
34. Providing for the election of members of the board of super-
visors in townships, incorporated towns or cities.
35. The protection of game or fish.
§ 70. In all other cases where a general law can be made applicable,
no special law shall be enacted; nor shall the legislative assembly
indirectly enact such special or local law by the partial repeal of a
general law ; but laws repealing local or special acts may be passed.
Article 3
executive department
§ 71. The executive power shall be vested in a governor, w^ho shall
reside at the seat of government and shall hold his office for the term
of two years and until his successor is elected and duly qualified.
§ 72. A lieutenant governor shall be elected at the same time and
for the same term as the governor. In case of the death, impeach-
ment, resignation, failure to qualify, absence from the state, removal
from office, or the disability of the governor, the powers and duties of
the office for the residue of the term, or until he shall be acquitted or
the disability be removed, shall devolve upon the lieutenant governor.
§ 73. No person shall be eligible to the office of governor or lieu-
tenant governor unless he be a citizen of the United States, and a
qualified elector of the state, who shall have attained the age of
thirty years, and who shall have resided five years next preceding the
2862 North Dakota— 1889
election within the state or territory, nor shall he be eligible to any
other office during the term for which he shall have been elected.
§ 74. The governor and lieutenant governor shall be elected by the
qualified electors of the state at the time and places of choosing mem-
bers of the legislative assembly. The persons having the highest
number of votes for governor and lieutenant governor respectively
shall be declared elected, but if two or more shall have an equal and
highest number of votes for governor or lieutenant governor, the
two houses of the legislative assembly at its next regular session shall
forthwith, by joint ballot, choose one of such persons for said office.
The returns of the election for governor and lieutenant governor shall
be made in such manner as shall be prescribed by law.
§ 75. The governor shall be commander-in-chief of the military
and naval forces of the state, except when they shall be called into
the service of the United States, and may call out the same to execute
the laws, suppress insurrection and repel invasion. He shall have
power to convene the legislative assembly on extraordinary occasions.
He shall at the commencement of each session communicate to the
legislative assembly, by message, information of the condition of the
state, and recommend such measures as he shall deem expedient. He
shall transact all necessary business with the officers of the govern-
ment, civil and militar}^ He shall expedite all such measures as
may be resolved upon by the legislative assembly and shall take care
that the laAvs be faithfully executed.
§ 76. The governor shall have power to remit fines and forfeitures,
to grant reprieves, commutations and pardons after conviction, for all
offenses except treason and cases of impeachment ; but the legislative
assembly may by law regulate the manner in which the remission of
fines, pardons, commutations and reprieves may be applied for. Upon
conviction for treason he shall have power to suspend the execution
of sentence until the case shall be reported to the legislative assembly
at its next regular session, when the legislative assembly shall either
pardon or commute the sentence, direct the execution of the sentence
or grant further reprieve. He shall communicate to the legislative
assembly at each regular session each case of remission of fine,
reprieve, commutation or pardon granted by him, stating the name
of the convict, the crime for which he is convicted, the sentence and
its date, and the date of the remission, commutation, pardon or
reprieve, with his reasons for granting the same.
§ 77. The lieutenant governor shall be president of the senatd, but
shall have no vote unless they be equally divided. If, during a
vacancy in the office of governor, the lieutenant governor shall be
impeached, displaced, resign or die, or from mental or physical dis-
ease, or otherwise become incapable of performing the duties of his
office, the secretary of state shall act as governor until the vacancy
shall be filled or the disability removed.
§ 78. When any office shall from any cause become vacant, and no
mode is provided by the constitution or law for filling such vacancy,
the governor shall have power to fill such vacancy by appointment.
§ 79. Every bill which shall have passed the legislative assembly
shall, before it becomes a law, be presented to the governor. If he
approve, he shall sign, but if not, he shall return it with his objec-
tions to the house in which it originated, which shall enter the
objections at large upon the journal, and proceed to reconsider it.
North Dakota— 1889 2863
If, after such reconsideration, two-thirds of the members-elect 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 it be approved by two-thirds of the members-elect, it shall become
a law ; but in all such cases the vote of both houses shall be determined
by the yeas and nays, and the names of the members voting for and
against the bill shall.be entered upon the journal of each house
respectively. If any bill shall not be returned by the governor within
three days (Sundays excepted) after it shall have been presented to
him, the same shall be a law unless the legislative assembly, by its
adjournment, prevent its return, in which case it shall be a law unless
he shall file the same with his objections, in the office of the secretary
of state, within fifteen days after such adjournment.
§ 80. The governor shall have power to disapprove of any item or
items, or part or parts of any bill making appropriations of money
or property embracing distinct items, and the part or parts of the
bill approved shall be the law, and the item or items, and part or parts
disapproved shall be void, unless enacted in the following manner:
If the legislative assembly be in session he shall transmit to the house
in which the bill originated a copy of the item or items, or part or
parts thereof disapproved, together with his objections thereto, and
the items or parts objected to shall be separately reconsidered, and
each item or part shall then take the same course as is prescribed for
the passage of bills over the executive veto.
§ 81. Any governor of this state who asks, receives or agrees to
receive any bribe upon any understanding that his official opinion,
judgment or action shall be influenced thereby, or who gives or offers,
or promises his official influence in consideration that any member of
the legislative assembly shall give his official vote or influence on any
particular side of any question or matter upon which he may be
required to act in his official capacity, or who menaces any member
by the threatened use of his veto power, or who offers or promises
any member that he, the said governor, will appoint any particular
person or persons to any office created or thereafter to be created, in
consideration that any member shall give his official vote or influence
on any matter pending or thereafter to be introduced into either
house of said legislative assembly, or who threatens any member that
he, the said governor, will remove any person or persons from office
or position with intent in any manner to influence the action of said
member, shall be punished in the manner now, or that may hereafter,
be provided by law, and upon conviction thereof shall forfeit all
right to hold or exercise any office of trust or honor in this state.
§ 82. There shall be chosen by the qualified electors of the state at
the times and places of choosing members of the legislative assembly, a
secretary of state, auditor, treasurer, superintendent of public instruc-
tion, commissioner of insurance, three commissioners of railroads,
an attorney general and one commissioner of agriculture and labor,
who shall have attained the age of twenty-five years, shall be citizens
of the United States, and shall have the qualifications of state
electors. They shall severally hold their offices at the seat of gov-
ernment, for the term of two years and until their successors are
elected and duly qualified, but no person shall be eligible to the office
of treasurer for more than two consecutive terms.
2864 North Dakota— 1889
§ 83. The powers and duties of the secretary of state, auditor,
treasurer, superintendent of public instruction, commissioner of insur-
ance, commissioners of railroads, attorney general, and commissioner
of agriculture and labor, shall be as prescribed by law.
§ 84. Until otherwise provided by law, the governor shall receive
an annual salary of three thousand dollars; the lieutenant governor
shall receive an annual salary of one thousand dollars; the secretary
of state, auditor, treasurer, superintendent of public instruction, com-
missioner of insurance, commissioners of railroads and attorney gen-
eral shall each receive an annual salary of two thousand dollars ; the
salary of the commissioner of agriculture and labor shall be as pre-
scribed by law, but the salaries of any of the said officers shall not be
increased or diminished during the period for which they shall have
been elected, and all fees and profits arising from any of the said
offices shall be covered into the state treasury.
Article 4
judicial department
§ 85. The judicial power of the State of North Dakota shall be
vested in a supreme court, district courts, county courts, justices of
the peace, and in such other courts as may be created by law for
cities, incorporated towns and villages.
§ 86. The supreme court, except as otherwise provided in this con-
stitution, shall have appellate jurisdiction only, which shall be co-
extensive with the state and shall have a general superintending con-
trol over all inferior courts under such regulations and limitations
as may be prescribed by law.
§ 87. It shall have power to issue writs of habeas corpus, manda-
mus, quo warranto, certiorari, injunction and such other original and
remedial writs as may be necessary to the proper exercise of its juris-
diction, and shall have authority to hear and determine the same;
provided, however, that no jury trial shall be allowed in said supreme
court, but in proper cases questions of fact may be sent by said court
to a district court for trial.
§ 88. Until otherwise provided by law three terms of the supreme
court shall be held each year, one at the seat of government, one at
Fargo, in the county of Cass, and one at Grand Forks, in the county
of Grand Forks.
§ 89. The supreme court shall consist of three judges, a majorit]^ of
whom shall be necessary to form a quorum or pronounce a decision,
but one or more of said judges may adjourn the court from day to day
or to a day certain.
§ 90. The judges of the supreme court shall be elected by the quali-
fied electors of the state at large, and except as may be otherwise pro-
vided herein for the first election for judges under this constitution,
said judges shall be elected at general elections.
§ 91. The term of office of the judges of the supreme court, except
as in this article otherwise provided, shall be six years, and they shall
hold their offices until their successors are duly qualified.
§ 92. The judges of the supreme court shall, immediately after the
first election under this constitution, be classified by lot so that one
N(yHh Dakota— 1889 2865
shall hold his office for the term of three years, one for the term of
five years, and one for the term of seven years from the first Monday
in December, A. D. 1889. The lots shall be drawn by the judges, who
shall for that purpose assemble at the seat of government, and they
shall cause the result thereof to be certified to the secretary of the
territory and filed in his office, unless the secretary of state of North
Dakota shall have entered upon the duties of his office, in which event
said certification shall be filed therein. The judge having the short-
est term to serve, not holding his office by election or appointment to
fill a vacancy, shall be chief justice and shall preside at all terms of
the supreme court and in case of his absence the judge having in like
manner the next shortest term to serve shall preside in his stead.
§ 93. There shall be a clerk and also a reporter of the supreme
court, who shall be appointed by the judges thereof, and who shall
hold their offices during the pleasure of said judges, and whose duties
and emoluments shall be prescribed by law and by rules of the
supreme court not inconsistent with law. The legislative assembly
shall make provision for the publication and distribution of the deci-
sions of the supreme court and for the sale of the published volumes
thereof.
§ 94. No person shall be eligible to the office of judge of the
supreme court unless he be learned in the law, be at least thirty years
of age and a citizen of the United States, nor unless he shall have
resided in this state or the Territory of Dakota three years next pre-
ceding his election.
§ 95. Wlienever the population of the State of North Dakota shall
equal 600,000 the legislative assembly shall have the power to increase
the number of the judges of the supreme court to five, in which event
a majority of said court, as thus increased, shall constitute a quorum.
§ 96. No duties shall be imposed by law upon the supreme court or
any of the judges thereof, except such as are judicial, nor shall any
of the judges thereof exercise any power of appointment except as
herein provided.
§ 97. The style of all process shall be " The State of North Dakota."
All prosecutions shall be carried on in the name and by the authority
of the State of North Dakota, and conclude " against the peace and
dignity of the State of North Dakota."
§ 98. Any vacancy happening by death, resignation or otherwise in
the office of judge of the supreme court shall be filled by appointment,
by the governor, which appointment shall continue until the first
general election thereafter, when said vacancy shall be filled by
election.
§ 99. The judges of the supreme and district courts shall receive
such compensation for their services as may be prescribed by law,
which compensation shall not be increased or diminished during the
term for which a judge shall have been elected.
§ 100. In case a judge of the supreme court shall be in any way
interested in a cause brought before said court, the remaining judges
of said court shall call one of the district judges to sit with them on
the hearing of said cause.
§ 101. When a judgment or decree is reversed or confirmed by the
supreme court, every point fairly arising upon the record of the case
shall be considered and decided, and the reasons therefor shall be
2866 North Dakota— 1889
concisely stated in writing, signed by the judges concurring, filed in
the office of the clerk of the supreme court and preserved with a
record of the case. Any judge dissenting therefrom may give the
reasons of his dissent in writing over his signature.
1 102. It shall be the duty of the court to prepare a syllabus of the
points adjudicated in each case, which shall be concurred in by a
majority of the judges thereof, and it shall be prefixed to the pub-
lished reports of the case.
§ 103. The district courts shall have original jurisdiction, except
as otherwise provided in this constitution, of all causes both at law
and equity, and such appellate jurisdiction as may be conferred by
law. They and the judges thereof shall also have jurisdiction and
power to issue writs of habeas corpus, quo warranto, certiorari,
injunction and other original and remedial writs, with authority to
hear and determine the same.
§ 104. The state shall be divided into six judicial districts, in each
of which there shall be elected at general elections, by the electors
thereof, one judge of the district court therein, whose term of office
shall be four years from the first Monday in January succeeding his
election and until his successor is duly qualified. This section shall
not be construed as governing the first election of district judges
under this constitution.
§ 105. Until otherwise provided by law said districts shall be
constituted as follows :
District No. One shall consist of the counties of Pembina, Cavalier,
Walsh, Nelson and Grand Forks.
District No. Two shall consist of the counties of Eamsey, Towner,
Benson, Pierce, Rolette, Bottineau, McHenry, Church, Eenville,
Ward, Stevens, Mountraille, Garfield, Flannery and Buford.
District No. Three shall consist of the counties of Cass, Steele and
Traill.
District No. Four shall consist of the counties of Richland, Ransom,
Sargent, Dickey and Mcintosh.
District No. Five shall consist of the counties of Logan, LaMoure,
Stutsman, Barnes, AVells, Foster, Eddy and Griggs.
District No. Six shall consist of the counties of Burleigh, Emmons,
Kidder, Sheridan, McLean, Morton, Oliver, Mercer, Williams, Stark,
Hettinger, Bowman, Billings, McKenzie, Dunn, Wallace and Allred,
and that portion of the Sioux Indian reservation lying north of the
seventh standard parallel.
§ 106. The legislative assembly may whenever two-thirds of the
members of each house shall concur therein, but not oftener than once
in four years increase the number of said judicial districts and the
judges thereof; such districts shall be formed from compact terri-
tory and bounded by county lines, but such increase or change in
the boundaries of the districts shall not work the removal of any
judge from his office during the term for which he may have been
elected or appointed.
§107. No person shall be eligible to the office of district judge,
unless he be learned in the law, be at least twenty-five years of age,
and a citizen of the United States, nor unless he shall have riesided
within the State or Territory of Dakota at least two years next pre-
ceding his election, nor unless he shall at the time of his election be
an elector within the judicial district for which he is elected.
North Dakota— 1889 2867
§ 108. There shall be a clerk of the district court in each organized
county in which a court is holden who shall be elected by the qualified
electors of the county, and shall hold his office for the same term as
other county officers. He shall receive such compensation for his
services as may be prescribed by law.
§ 109. Writs of error and appeals may be allowed from the decisions
of the district courts to the supreme court under such regulations as
may be prescribed by law.
COUNTY COURTS
§ 110. There shall be established in each county a county court,
which shall be a court of record open at all times and holden by one
judge, elected by the electors of the county, and whose term of office
shall be two years.
§ 111. The county court shall have exclusive original jurisdiction
in probate and testamentary matters, the appointment of adminis-
trators and guardians, the settlement of the accounts of executors,
administrators and guardians, the sale of lands by executors, ad-
ministrators and guardians, and such other probate jurisdiction as
may be conferred by law ; provided, that whenever the voters of any
county having a population of two thousand or over shall decide by a
majority vote that they desire the jurisdiction of said court increased
above that limited by this constitution, then said county court shall
have concurrent jurisdiction with the district courts in all civil actions
where the amount in controversy does not exceed one thousand dollars,
and in all criminal actions below the grade of felony, and in case it is
decided by the voters of any county to so increase the jurisdiction of
said county court, the jurisdiction in cases of misdemeanors arising
under state laws which may have been conferred upon police magis-
trates, shall cease. The qualifications of the judge of the county
court in counties where the jurisdiction of said court shall have been
increased shall be the same as those of the district judge, except
that he shall be a resident of the county at the time of his election,
and said county judge shall receive such salary for his services as
may be provided by law. In case the voters of any county decide
to increase the jurisdiction of said county courts, then such jurisdic-
tion as thus increased shall remain until otherwise provided by law.
JUSTICES OF THE PEACE
§ 112. The legislative assembly shall provide by law for the elec-
tion of justices of the peace in each organized county within the
state. But the number of said justices to be elected in each organized
county shall be limited by law to such a number as shall be necessary
for the proper administration of justice. The justices of the peace
herein provided for shall have concurrent jurisdiction with the
district court in all civil actions when the amount in controversy,
exclusive of costs, does not exceed two hundred dollars, and in
counties where no county court with criminal jurisdiction exists they
shall have such jurisdiction to hear and determine cases of misde-
meanor as may be provided by law, but in no case shall said justices
of the peace have jurisdiction when the boundaries of or title to real
estate shall come in question. The legislative assembly shall have
power to abolish the office of justice of the peace and confer that
jurisdiction upon judges of county courts or elsewhere.
7254— VOL 5-
2868 North Dakota— 1889
POLICE MAGISTRATES
§ 113. The legislative assembly shall provide by law for the election
of police magistrates in cities, incorporated towns, and villages, who
in addition to their jurisdiction of all cases arising under the ordi-
nances of said cities, towns and villages, shall be ex-officio justices of
the peace of the county in which said cities, towns and villages may be
located. And the legislative assembly may confer upon said police
magistrates the jurisdiction to hear, try and determine all cases of
misdemeanors, and the prosecutions therein shall be by information.
§ 114. Appeals shall lie from the county court, final decisions of
justices of the peace and police magistrates in such cases and pur-
suant to such regulations as may be prescribed by law.
MISCELLANEOUS PfiOVISIONS
§ 115. The time of holding courts in the several counties of a dis-
trict shall be as prescribed by law, but at least two terms of the dis-
trict court shall be held annually in each organized county, and the
legislative assembly shall make provision for attaching unorganized
counties or territories to. organized counties for judicial purposes.
§ 116. Judges of the district courts may hold court in other dis-
tricts than their own under such regulations as shall be prescribed by
law.
§ 117. No judge of the supreme or district court shall act as
attorney or counselor at law.
§ 118. Until the legislative assembly shall provide by law for fixing
the terms of courts, the judges of the supreme and district courts
shall fix the terms thereof.
§ 119. No judge of the supreme or district courts shall be elected or
appointed to any other than judicial offices or be eligible thereto dur-
ing the term for which he was elected or appointed such judge. All
votes or appointments for either of them for any elective or appoint-
ive office except that of judge of the supreme court or district court,
given by the legislative assembly of the people, shall be void.
§ 120. Tribunals of conciliation may be established with such pow-
ers and duties as shall be prescribed by law, or the powers and duties
of such may be conferred upon other courts of justice; but such tri-
bunals or other courts when sitting as such, shall have no power to
render judgment to be obligatory on the parties, unless they volun-
tarily submit their matters of difference and agree to abide the judg-
ment of such tribunals or courts.
Article 5
elective franchise
§ 121. Every male person of the age of twenty-one years or upwards
belonging to either of the following classes, who shall have resided in
the state one year, in the county six months and in the precinct ninety
days next preceding any election, shall be deemed a qualified elector at
such election :
1. Citizens of the United States.
2. Persons of foreign birth who shall have declared their intention
to become citizens, one year and not more than six years prior to such
election, conformably to the naturalization laws of the United States.
k
North Dakota— 1889 2869
3. Civilized persons of Indian descent who shall have severed their
tribal relations two years next preceding such election."
§ 122. The legislative assembly shall be empowered to make further
extensions of suffrage hereafter, at its discretion, to all citizens of ma-
ture age and sound mind, not convicted of crime without regard to
sex ; but no law extending or restricting the right of suffrage shall be
in force until adopted by a majority of the electors of the state voting
at a general election.
§ 123. Electors shall in all cases except treason, felony, breach of
the peace or illegal voting, be privileged from arrest on the days of
election during their attendance at, going to and returning from such
election, and no elector shall be obliged to perform military duty on
the day of election, except in time of war or public danger.
§ 124. The- general elections of the state shall be biennial, and shall
be held on the first Tuesday after the first Monday in November;
provided, that the first general election under this constitution shall
be held on the first Tuesday after the first Mondav in November,
A. D. 1890.
§ 125. No elector shall be deemed to have lost his residence in this
state by reason of his absence on business of the United States or of
this state, or in the military or naval service of the United States.
§ 126. No soldier, seaman or marine in the army or navy of the
United State's shall be deemed a resident of this state in consequence
of his being stationed therein.
§ 127. No person who is under guardianship, non compos mentis or
insane, shall be qualified to vote at any election, nor shall any person
convicted of treason or felony, unless restored to civil rights."
§ 128. Any woman having the qualifications enumerated in section
121 of this article as to age, residence and citizenship, and including
those now qualified by the laws of the territory, may vote for all
school officers, and upon all questions pertaining solely to school mat-
ters, and be eligible to any school office.
§ 129. All elections by the people shall be by secret ballot, subject
to such regulations as shall be provided by law.
Article G
municipal corporations
§ 130. The legislative assembly shall provide by general law for the
organization of municipal corporations, restricting their powers as
to levying taxes and assessments, borrowing money and contracting
debts, and money raised by taxation, loan or assessment for any pur-
pose shall not be diverted to any other purpose except by authority
of law.
Article 7
corporations other than municipal
§ 131. No charter of incorporation shall be granted, changed or
amended by special law, except in the case of such municipal, chari-
^ See amendments, Article 2.
2870 North Dakota— 1889
table, educational, penal or reformatory corporations as may be under
the control of the state ; but the legislative assembly shall provide by
general laws for the organization of all corporations hereafter to be
created, and any such law, so passed, shall be subject to future repeal
or alteration.
§ 132. All existing charters or grants of special or exclusive priv-
ileges, under which a bona fide organization shall not have taken
place and business been commenced in good faith at the time this con-
stitution takes effect, shall thereafter have no validity.
§ 133. The legislative assembly shall not remit the forfeiture of
the charter to any corporation now existing, nor alter or amend the
same, nor pass any other general or special law for the benefit of such
corporation, except upon the condition that such corporation shall
thereafter hold its charter subject to the provisions of this constitu-
tion.
§ 134. The exercise of the right of eminent domain shall never be
abridged, or so construed as to prevent the legislative assembly from
taking the property and franchises of incorporated companies and
subjecting them to public use, the same as the property of individ-
uals ; and the exercise of the police power of this state shall never be
abridged, or so construed as to permit corporations to conduct their
business in such a manner as to infringe the equal rights of individ-
uals or the general well-being of the state.
§ 135. In all elections for directors or managers of a corporation,
each member or shareholder may cast the whole number of his votes
for one candidate, or distribute them upon two or more candidates,
as he may prefer.
§ 136. No foreign corporation shall do business in this state without
having one or more places of business and an authorized agent or
agents in the same, upon whom process may be served.
§ 137. No corporation shall engage in any business other than that
expressly authorized in its charter.
§ 138. No corporation shall issue stock or bonds except for money,
labor done, or money or property actually received ; and all fictitious
increase of stock or indebtedness shall be void. The stock and indebt-
edness of corporations shall not be increased except in pursuance of
general law, nor without the consent of the persons holding the larger
amount in value of the stock first obtained at a meeting to be held
after sixty days' notice given in pursuance of law.
§ 139. No law shall be passed by the legislative assembly granting
the right to construct and operate a street railroad, telegraph, tele-
phone or electric light plant within any city, town or incorporated
village, without requiring the consent of the local authorities having
the control of the street or highway proposed to be occupied for such
purposes. '
§ 140. Every railroad corporation organized and doing business in
this state, under the laws or authority thereof, shall have and main-
tain a public office or place in the state for the transaction of its
business, where transfers of its stock shall be made and in which shall
be kept for public inspection, books in which shall be recorded the
amount of capital stock subscribed, and by whom, the names of the
owners of its stock and the amount owned by them respectively; the
amount of stock paid in and by whom, and the transfers of said stock ;
the amount of its assets and liabilities and the names and place of
North Dakota— 1889 2871
residence of its officers. The directors of every railroad corporation
i-hall annually make a report, under oath, to the auditor of public
accounts, or some officer or officers to be designated by law, of all their
acts and doings, which report shall include such matters relating to
railroads as may be prescribed by law, and the legislative assembly
shall pass laws enforcing by suitable penalties the provisions of this
section; provided, the provisions of this section shall not be so con-
strued as to apply to foreign corporations.
§ 141. Xo railroad corporation shall consolidate its stock, property
or franchises with any other railroad corporation owning a parallel
or competing line; and in no case shall any consolidation take place
except upon public notice given at least sixty days to all stockholders,
in such manner as may be provided by law. Any attempt to evade
the provisions of this section by any railroad corporation, by lease or
otherwise, shall work a forfeiture of its charter.
§ 142. Eailways heretofore constructed, or that may hereafter be
constructed, in this state are hereby declared public highways, and all
railroad, sleeping car, telegraph, telephone, and transportation com-
panies of passengers, intelligence and freight, are declared to be com-
mon carriers and subject to legislative control; and the legislative
assembly shall have power to enact laws regulating and controlling
the rates of charges for the transportation of passengers, intelligence
and freight, as such common carriers, from one point to another in
this state; provided, that appeal may be had to the courts of this
state from the rates so fixed; but the rates fixed by the legislative
assembly or board of railroad commissioners shall remain in force
pending the decision of the courts.
§ 143. Any association or corporation organized for the purpose
shall have the right to construct and operate a railroad between any
points within this state, and to connect at the state line with the rail-
roads of other states. Every railroad company shall have the right
with its road to intersect, connect with or cross any other; and shall
receive and transport each other's passengers, tonnage and cars,
loaded or empty, without delay or discrimination.
§ 144. The term " corporation," as used in this article, shall not
be understood as embracing municipalities or political subdivisions
of the state unless otherwise expressly stated, but it shall be held
and construed to include all associations and joint stock companies
having any of the powers or privileges of corporations not pos-
sessed by individuals or partnerships.
§ 145. If a general banking law be enacted, it shall provide for the
registry and countersigning by an officer of the state, of all notes
or bills designed for circulation, and that ample security to the full
amount thereof shall be deposited with the state treasurer for the
redemption of such notes or bills.
§ 140. Any combination between individuals, corporations, asso-
ciations or either, having for its object or effect the controlling of
the price of any product of the soil or any article of manufacture
or commerce, or the cost of exchange or transportation, is prohibited
and hereby declared unlawful and against public policy; and any
and all franchises heretofore granted or extended, or that may
hereafter be granted or extended in this state, whenever the owner
or owners thereof violate this article shall be deemed annulled and
become void.
2872 North Dakota— 1889
Article 8
education
§ 147. A high degree of intelligence, patriotism, integrity and
morality on the part of every voter in a government by the people
being necessary in order to insure the continuance of that govern-
ment and the prosperity and happiness of the people, the legislative
assembly shall make provision for the establishment and maintenance
of a system of public schools which shall be open to all children
of the State of North Dakota and free from sectarian control. This
legislative requirement shall be irrevocable without the consent of
the United States and the people of North Dakota.
§ 148. The legislative assembly shall provide, at its first session
after the adoption of this constitution, for a uniform system for free
public schools throughout the state, beginning with the primary and
extending through all grades up to and including the normal and
collegiate course.
§ 149. In all schools instruction shall be given as far as practica-
ble in those branches of knowledge that tend to impress upon the
mind the vital importance of truthfulness, temperance, purity, public
spirit, and respect for honest labor of every kind.
§ 150. A superintendent o:^ schools for each county shall be elected
every two years, whose qualifications, duties, powers and compen-
sation shall be fixed by law.
§ 151. The legislative assembly shall take such other steps as may
be necessary to prevent illiteracy, secure a reasonable degree of uni-
formity in course of study, and to promote industrial, scientific
and agricultural improvements.
§ 152. All colleges, universities and other educational institutions,
for the support of which lands have been granted to this state, or
which are supported by a public tax, shall remain under the absolute
and exclusive control of the state. No money raised for the support
of the public schools of the state shall be appropriated to or used
for the support of any sectarian school.
Article 9
school and public lands
§ 153. All proceeds of the public lands that have heretofore been,
or may hereafter be granted by the United States for the support
of the common schools in this state; all such per centum as may be
granted by the United States on the sale of public lands; the pro-
ceeds of property that shall fall to the state by escheat; the pro-
ceeds of all gifts and donations to the state for common schools, or
not otherwise appropriated by the terms of the gift, and all other
property otherwise acquired for common schools, shall be and remain
a perpetual fund for the maintenance of the common schools of
the state. It shall be deemed a trust fund, the principal of which
shall forever remain inviolate and may be increased but never dimin-
ished. The state shall make good all losses thereof.
§ 154. The interest and income of this fund together with the net
proceeds of all fines for violation of state laws, and all other sums
North Dakota— 1889 2873
which may be added thereto by law, shall be faithfully used and
applied each year for the benefit of the common schools of the state,
and shall be for this purpose apportioned among and between all
the several common school corporations of the state in proportion to
the number of children in each of school age, as may be fixed by law,
and no part of the fund shall ever be diverted even temporarily,
from this purpose or used for any other purpose whatever than the
maintenance of common schools for the equal benefit of all the peo-
ple of the state ; provided, however, that if any portion of the interest
or income aforesaid be not expended during any year, said portion
shall be added to and become a part of the school fund.
§ 155. After one year from the assembling of the first legislative
assembly the lands granted to the state from the United States for
the support of the common schools, may be sold upon the following
conditions and no other. No more than one- fourth of all such lands
shall be sold within the first five years after the same become sale-
able by virtue of this section. No more than one-half of the re-
mainder within ten years after the same become saleable as afore-
said. The residue may be sold at any time after the expiration of
said ten years. The legislative assembly shall provide for the sale
of all school lands subject to the provisions of this article. The coal
lands of the state shall never be sold, but the legislative assembly may
by general laws provide for leasing the same. The words "coal
lands " shall include lands bearing lignite coal.
§ 156. The superintendent of public instruction, governor, attorney
general, secretary of state and state auditor shall constitute a board of
commissioners, which shall be denominated the ''Board of Uni-
versity and School Lands," and subject to the provisions of this
article and any law that may be passed by the legislative assembly,
said board shall have control of the appraisement, sale, rental and
disposal of all school and university lands, and shall direct the
investment of the funds arising therefrom in the hands of the state
treasurer, under the limitations in section 160 of this article.
§ 157. The county superintendent of common schools, the chair-
man of the county board, and the county auditor shall constitute
boards of appraisal and under the authority of the state board of
university and school lands shall appraise all school lands within
their respective counties which they may from time to time recom-
mend for sale at their actual value under the prescribed terms and
shall first select and designate for sale the most valuable lands.
§ 158. No land shall be sold for less than the appraised value and
in no case for less than $10 per acre. The purchaser shall pay one-
fifth of the price in cash and the remaining four-fifths as follows:
One-fifth in five years, one-fifth in ten years, one-fifth in fifteen years
and one-fifth in twenty years with interest at the rate of not less than
six per centum payable annually in advance. All sales shall be held
at the county seat of the county in which the land to be sold is situ-
ate, and shall be at public auction and to the highest bidder, after
sixty days' advertisement of the same in a newspaper of general circu-
lation in the vicinity of the lands to be sold, and one at the seat of
government. Such lands as shall not have been specially subdivided
shall be offered in tracts of one-quarter section, and those so sub-
divided in the smallest subdivisions. All lands designated for sale
and not sold within two years after appraisal shall be reappraised
2874 North Dakota— 1889
before they are sold. No grant or patent for any such lands shall
issue until payment is made for the same; provided, that the lands
contracted to be sold by the state shall be subject to taxation from the
date of such contract. In case the taxes assessed against any of
said lands for any year remain unpaid until the first Monday in
October of the following year, then and thereupon the contract of
sale for such lands shall become null and void.
§ 159. All land, money or other property donated, granted or
received from the United States or any other source for a university,
school of mines, reform school, agricultural college, deaf and dumb
asylum, normal school or other educational or charitable institution
or purpose, and the proceeds of all such lands and other property so
received from any source, shall be and remain perpetual funds, the in-
terest and income of which, together with the rents of all such lands
as may remain unsold, shall be inviolably appropriated and applied
to the specific objects of the original grants or gifts. The principal
of every such fund may be increased but shall never be diminished,
and the interest and income only shall be used. Every such fund
shall be deemed a trust fund held by the state, and the state shall
make good all losses thereof.
§ 160. All lands mentioned in the preceding section shall be ap-
praised and sold in the same manner and under the same limitations
and subject to all the conditions as to price and sale as provided
above for the appraisal and sale of lands for the benefit of common
schools; but a distinct and separate account shall be kept by the
proper officers of each of said funds; provided, that the limitations
as to the time in which school land may be sold shall apply only to
lands granted for the support of common schools.
§ 161. The legislative assembly shall have authority to provide by
law for the leasing of lands granted to the state for educational and
charitable purposes; but no such law shall authorize the leasing of
said lands for a longer period than five years. Said lands shall only
be leased for pasturage and meadow purposes and at a public auction
after notice as heretofore provided in case of sale ; provided, that all
of said school lands now under cultivation may be leased, at the dis-
cretion and under the control of the board of university and school
lands, for other than pasturage and meadow purposes until sold. All
rents shall be paid in advance.
§ 162. The moneys of the permanent school fund and other educa-
tional funds shall be invested only in bonds of school corporations
within the state, bonds of the United States, bonds of the State of
North Dakota or in first mortgages on farm lands in the state, not
exceeding in amount one-third of the actual value of any subdivision
on which the same may be loaned, such value to be determined by the
board of appraisers of school lands.**
§ 163. No law shall ever be passed by the legislative assembly
granting to any person, corporation or association any privileges b^^
reason of the occupation, cultivation or improvement of any public
lands by said person, corporation or association subsequent to the
survey thereof by the general government. No claim for the occupa-
tion, cultivation or improvement of any public lands shall ever be
recognized, nor shall such occupation, cultivation or improvement of
<» See amendment, Article 6.
Ncyrih Dakota— 1889 2875
any public lands ever be used to diminish, either directly or indi-
rectly, the purchase price of said lands.
§ 1()4. The legislative assembly shall have authority to provide by
law for the sale or disposal of all })ublic lands that have been hereto-
fore, or may hereafter be granted by the United States to the state for
purposes other than set forth and named in sections 153 and 159 of
this article. And the legislative assembly, in providing for the ap-
praisement, sale, rental and disposal of the same, shall not be subject
to the provisions and limitations of this article.
§ 165. The legislative assembly shall pass suitable laws for the safe
keeping, transfer and disbursement of the state school funds; and
shall require all officers charged with the same or the safe keeping
thereof to give ample bonds for all moneys and funds received by
them, and if any of said officers shall convert to his own use in any
manner or form, or shall loan with or without interest or shall deposit
in his own name, or otherwise than in the name of the State of North
Dakota or shall deposit in any banks or with any person or persons,
or exchange for other funds or property any portion of the school
funds aforesaid, or purposely allow any portion of the same to remain
in his own hands uninvested, except in the manner prescribed by law,
every such act shall constitute an embezzlement of so much of the
aforesaid school funds as shall be thus taken or loaned, or deposited,
or exchanged, or withheld, and shall be a felony ; and any failure to
pay over, produce or account for, the state school funds or any part
of the same entrusted to any such officer, as by law required or de-
manded, shall be held and be taken to be prima facie evidence of such
embezzlement.
Article 10
county and township organization
§ 166. The several counties in the Territory of Dakota lying north
of the seventh standard parallel, as they now exist, are hereby de-
clared to be counties of the State of North Dakota.
§ 167. The legislative assembly shall provide by general law for
organizing new counties, locating the county seats thereof tempo-
rarily, and changing county lines; but no new county shall be or-
ganized, nor shall any organized county be so reduced as to include
an area of less than twenty-four congressional townships, and con-
taining a population of less than one thousand bona fide inhabitants.
And in the organization of new counties and in changing the lines of
organized counties and boundaries of congressional townships the
natural boundaries shall be observed as nearly as may be.
§ 168. All changes in the boundaries of organized counties before
taking effect shall be submitted to the electors of the county or coun-
ties to be affected thereby at a general election and be adopted by a
majority of all the legal votes cast in each county at such election;
and in case any portion of an organized county is stricken off and
added to another, the county to which such portion is added shall
assume and be holden for an equitable proportion of the indebtedness
of the county so reduced.
§ 169. The legislative assembly shall provide by general law for
chariging county seats in organized counties, but it shall have no
power to remove the county seat of any organized county.
2876 North Dakota— 1889
§ ITO. The legislative assembly shall provide by general law for
township organization under which any county may organize, when-
ever a majority of all the legal voters of such county, voting at a
general election shall so determine, and whenever any county shall
adopt township organization, so much of this constitution as provides
for the management of the fiscal concerns of said county by the board
of county commissioners may be dispensed with by a majority vote ot
the people voting at any general election; and the affairs of said
county may be transacted by the chairmen of the several township
boards of said county and such others as may be provided by law for
incorporated cities, towns or villages, w^ithin such county.
§ 171. In any county that shall have adopted a system of govern-
ment by the chairmen of the several township boards, the question of
continuing the same may be submitted to the electors of such county
at a general election in such a manner as may be provided by law, and
if a majority of all the votes cast upon such question shall be against
said system of government, then such system shall cease in said county
and the affairs of said county shall then be transacted by a board of
county commissioners as is now provided by the laws of the Territory
of Dakota.
§ 172. Until the system of county government by the chairmen of
the several township boards is adopted by any county the fiscal affairs
of said county shall be transacted by a board of county commissioners.
Said board shall consist of not less than three and not more than five
members w^hose terms of office shall be prescribed by law. Said board
shall hold sessions for the transaction of county business, as shall be
provided by law.
§ 173. At the first general election held after the adoption of this
constitution, and every two years thereafter, there shall be elected in
each organized county in the state, a county judge, clerk of court,
register of deeds, county auditor, treasurer, sheriff and state's attor-
ney, who shall be electors of the county in which they are elected, and
wdio shall hold their office until their successors are elected and quali-
fied. The legislative assembly shall provide by law for such other
county, township and district officers as may be deemed necessary,
and shall prescribe the duties and compensation of all county, town-
ship and district officers. The sheriff and treasurer of any county
shall not hold their respective offices for more than four years in
succession.
Article 11
REVENUE AND TAXATION
§174. The legislative assembly shall provide for raising revenue
sufficient to defray the expenses of the state for each year, not to ex-
ceed in any one year four mills on the dollar of the assessed valua-
tion of all taxable property in the state, to be ascertained by the last
assessment made for state and county purposes, and also a sufficient
sum to pay the interest on the state debt.
§ 175. No tax shall be levied except in pursuance of law, and every
law imposing a tax shall state distinctly the object of the same, to
which' only it shall be applied. .
North Dakota— 1889 2877
§ 170. Laws shall be passed taxing by imiform rule all property
according to its true value in money, but the property of the United
States and the state, county and municipal corporations, both real
and personal, shall be exempt from taxation; and the legislative
assembly shall by a general law exempt from taxation property used
exclusively for school, religious, cemetery or charitable purposes and
personal property to any amount not exceeding in value two hundred
dollars for each individual liable to taxation; but the legislative
assembly may, by law, provide for the payment of a per centum of
gross earnings of railroad companies to be paid in lieu of all state,
county, township and school taxes on property exclusively used in
and about the prosecution of the business of such companies as com-
mon carriers, but no real estate of said corporations shall be exempted
from taxation in the same manner, and on the same basis as other
real estate is taxed, except roadbed, right-of-way, shops and build-
ings used exclusively in their business as common carriers, and when-
ever and so long as such law providing for the payment of a per
centum on earnings shall be in force, that part of section 179 of this
article relating to assessment of railroad property shall cease to be
in force.*^
§ 177. All improvements on land shall be assessed in accordance
with section 179, but plowing shall not be considered as an improve-
ment or add to the value of land for the purpose of assessment.
§ 178. The power of taxation shall never be surrendered or sus-
pended by any grant or contract to which the state or any county or
other municipal corporation shall be a party.
§ 179. All property, except as hereinafter in this section provided,
shall be assessed in the county, city, township, town, village or dis-
trict in which it is situated, in the manner prescribed by law. The
franchise, roadway, roadbed, rails and rolling stock of all railroads
operated in this state shall be assessed by the state board of equaliza-
tion at their actual value and such assessed valuation shall be appor-
tioned to the counties, cities, towns, townships and districts in which
said roads are located, as a basis for taxation of such property in
proportion to the number of miles of railway laid in such counties,
cities, towns, townships and districts.
. § 180. The legislative assembly may provide for the levy, collec-
tion and disposition of an annual poll tax of not more than one
dollar and fift}^ cents on every male inhabitant of this state over
twenty-one and under fifty years of age, except paupers, idiots, insane
persons and Indians not taxed.
§ 181. The legislative assembly shall pass all laws necessary to
carry out the provisions of this article.
Article 12
public debt and public; works
§ 182. The state may, to meet casual deficits or failure in the
revenue, or in case of extraordinai-y emergencies, contract debts, but
^ See amendments, Article 5.
2878 North Dakota— 1889
such debts shall never in the aggregate exceed the sum of two hnn-
dred thousand dollars, exclusive of what may be the debt of North
Dakota at the time of the adoption of this constitution. Every such
debt shall be authorized by law for certain purposes to be definitely
mentioned therein, and every such law shall provide for levying an
annual tax sufficient to pay the interest semi-annually, and the
principal within thirty years from the passage of such law, and shall
specially a;ppropriate thfe proceeds of such tax to the payment of said
principal and interest, and such appropriation shall not be repealed
nor the tax discontinued until such debt, both principal and interest,
shall have been fully paid. No debt in excess of the limit named
shall be incurred except for the purpose of repelling invasion, sup-
pressing insurrection, defending the state in time of war, or to pro-
vide for public defense in case of threatened hostilities; but the
issuing of new bonds to refund existing indebtedness, shall not be
construed to be any part or portion of said two hundred thousand
dollars.
§ 183. The debt of any county, township, city, town, school dis-
trict or any other political subdivision, shall never exceed five per
centum upon the assessed value of the taxable property therein; pro-
vided, that any incorporated city may, by a two-thirds vote, increase
such indebtedness three per centum on such assessed value beyond
said five per cent limit. In estimating the indebtedness which a
city, county, township, school district or any other political subdi-
vision may incur, the entire amount of existing indebtedness, whether
contracted prior or subsequent to the adoption of this constitution
shall be included ; provided, further, that any incorporated city may
become indebted in any amount not exceeding four per centum on
such assessed value without regard to the existing indebtedness of
such city, for the purpose of constructing or purchasing water works
for furnishing a supply of water to the inhabitants of such city, or
for the purpose of constructing sewers, and for no other purpose
whatever. All bonds or obligations in excess of the amount of
indebtedness permitted by this constitution, given by any city, county,
township, town, school district, or any other political subdivision
shall be void.
§ 184. Any city, county, township, town, school district, or any
other political subdivision incurring indebtedness shall at or before
the time of so doing, provide for the collection of an annual tax suf-
ficient to pay the interest and also the principal thereof when due,
and all laws or ordinances providing for the payment of the interest
or principal of any debt shall be irrepealable until such debt be paid.
§ 185. Neither the state nor any county, city, township, town,
school district or any other political subdivision shall loan or give its
credit or make donations to or in aid of any individual, association
or corporation, except for necessary support of the poor, nor sub-
scribe to or become the owner of the capital stock of any association
or corporation, nor shall the state engage in any work of internal
improvement unless authorized by a two-thirds vote of the people.
§ 180. No money shall be paid out of the state treasury except upon
appropriation by law and on warrant drawn by the proper officer, and
no bills', claims, accounts or demands against the state, or any county
or other political subdivision, shall be audited, allowed or paid until
North Dakota— 1889 2879
a full itemized statement in writing shall be filed with the officer or
officers, whose duty it may be to audit the same.
§ 187. No bond or evidence of indebtedness of the state shall be
valid unless the same shall have indorsed thereon a certificate, signed
by the auditor and secretary of state, showing that the bond or evi-
dence of debt is issued pursuant to law and is within the debt limit.
No bond or evidence of debt of any county, or bond of any township
or other political subdivision shall be valid unless the same have
indorsed thereon a certificate signed by the county auditor, or other
officer authorized by law to sign such certificate, stating that said
bond, or evidence of debt, is issued pursuant to law and is within the
debt limit.
Article 13
MILITIA
§ 188. The militia of this state shall consist of all able-bodied male
persons residing in the state, between the ages of eighteen and forty-
five years, except such as may be exempted by the laws of the United
States or of this state. Persons w^hose religious tenets or conscien-
tious scruples forbid them to bear arms shall not be compelled to do
so in times of peace, but shall pay an equivalent for a personal service.
§ 189. The militia shall be enrolled, organized, uniformed, armed
and disciplined in such a manner as shall be provided by law, not
incompatible with the constitution or laws of the United States.
§ 190. The legislative assembly shall provide by law for the estab-
lishment of volunteer organizations of the several arms of the service,
which shall be classed as active militia ; and no other organized body
of armed men shall be permitted to perform military duty in this
state except the army of the United States, without the proclamation
of the governor of the state.
§ 191. All militia officers shall be appointed or elected in such a
manner as the legislative assembly shall provide.
§ 192. The commissioned officers of the militia shall be commis-
sioned by the governor, and no commissioned officer shall be removed
from office except by sentence of court martial, pursuant to law.
§ 193. The militia forces shall in all cases, except treason, felony or
breach of the peace, be privileged from arrest during their attend-
ance at musters, parades and elections of officers, and in going to and
returning from the same.
Article 14
impeachment and removal from office
§ 194. The house of representatives shall have the sole power of
impeachment. The concurrence of a majority of all members elected
shall be necessary to an impeachment.
§ 195. All impeachments shall be tried by the senate. When sit-
ting for that purpose the senators shall be upon oath or affirmation
to do justice according to the law and evidence. No person shall be
convicted without the concurrence of two-thirds of the members
elected. When the governor or lieutenant governor is on trial, the
presiding judge of the supreme court shall preside.
2880 North Dakota— 1889
§ 196. The governor and other state and judicial officers, except
county judges, justices of the peace and police magistrates, shall be
liable to impeachment for habitual drunkenness, crimes, corrupt con-
duct, or malfeasance or misbehavior in office, but judgment in such
cases shall not extend further than removal from office and disquali-
fication to hold any office of trust or profit under the state. The
person accused, whether convicted or acquitted, shall nevertheless be
liable to indictment, trial, judgment and punishment according to
law.
§ 197. All officers not liable to impeachment shall be subject to
removal for misconduct, malfeasance, crime or misdemeanor in office,
or for habitual drunkenness or gross incompetency in such manner as
may be provided by law.
§ 198. No officer shall exercise the duties of his office after he shall
have been impeached and before his acquittal.
§ 199. On trial of impeachment against the governor, the lieutenant
governor shall not act as a member of the court.
§ 200. No person shall be tried on impeachment before he shall have
been served with a copy thereof, at least twenty days previous to the
day set for trial.
§ 201. No person shall be liable to impeachment twice for the same
offense.
Article 15
future amendments
§ 202. Any amendment or amendments to this constitution may be
proposed in either house of the legislative assembly ; and if the same
shall be agreed to by a majority of the members elected to each of the
two houses, such proposed amendment shall be entered on the journal
of the house with the yeas and nays taken thereon, and referred to the
legislative assembly to be chosen at the next general election, and
shall be published, as provided by law, for three months previous to
the time of making such choice, and if in the legislative assembly so
next chosen as aforesaid such proposed amendment or amendments
shall be agreed to by a majority of all the members elected to each
house, then it shall be the duty of the legislative assembly to submit
such proposed amendment or amendments to the people in such man-
ner and at such time as the legislative assembly shall provide ; and if
the people shall approve and ratify such amendment or amendments
by a majority of the electors qualified to vote for members of the
legislative assembly voting thereon, such amendment or amendments
shall become a part of the constitution of this state. If two or more
amendments shall be submitted at the same time they shall be sub-
mitted in such manner that the electors shall vote for or against each
of such amendments separately.
Article 16
compact with the united states
§ 203. The following article shall be irrevocable without the con-
sent of the United States and the people of this state :
1. Perfect toleration of religious sentiment shall be secured, and no
inhabitant of this state shall ever be molested in person or property
on account of his or h^r mode of religious worship.
Ncyrth Dakota— 1889 2881
2. The people inhabiting this state do agree and declare that they
forever disclaim all right and title to the unappropriated public lands
lying within the boundaries thereof, and to all lands lying within said
limits owned or held by any Indian or Indian tribes, and that until
the title thereto shall have extinguished by the United States, the
same shall be and remain subject to the disposition of the United
States, and that said Indian lands shall remain under the absolute
jurisdiction and control of the congress of the United States; that
the lands belonging to citizens of the United States residing without
this state shall never be taxed at a higher rate than the lands belong-
ing to residents of this state; that no taxes shall be imposed by this
state on lands or property therein belonging to, or which may here-
after be purchased by the United States, or reserved for its use. But
nothing in this article shall preclude this state from taxing as other
lands are taxed, any lands owned or held by any Indian who has sev-
ered his tribal relations, and has obtained from the United States or
from any person, a title thereto, by patent or other grant, save and
except such lands as have been or may be granted to anj^ Indian or
Indians under any acts of congress containing a provision exempting
the lands thus granted from taxation, w^hich last mentioned lands
shall be exempt from taxation so long, and to such an extent, as is, or
may be provided in the act of congress granting the same.
3. In order that payment of the debts and liabilities contracted or
incurred by and on behalf of the Territory of Dakota may be justly
and equitably provided for and made, and in pursuance of the re-
quirements of an act of congress approved February 22, 1889, en-
titled "An act to provide for the division of Dakota into two states
and to enable the people of North Dakota, South Dakota, Montana
and Washington to form constitutions and state governments and to
be admitted into the union on an equal footing with the original
states, and to make donations of public lands to such states," the
states of North Dakota and South Dakota, by proceedings of a joint
commission, duly appointed under said act, the sessions whereof were
held at Bismarck in said State of North Dakota, from July 16, 1889,
to July 31, 1889, inclusive, have agreed to the following adjustment
of the amounts of the debts and liabilities of the Territory of Dakota
which shall be assumed and paid by each of the States of North
Dakota and South Dakota, respectively, towit:
This agreement shall take effect and be in force from and after the
admission into the union, as one of the United States of America, of
either the State of North Dakota or the State of South Dakota.
The words " State of North Dakota," wherever used in this agree-
ment, shall be taken to mean the Territory of North Dakota in case
the State of South Dakota shall be admitted into the union prior to
the admission into the union of the State of North Dakota ; and the
words " State of South Dakota," wherever used in this agreement,
shall be taken to mean the Territory of South Dakota in case the
State of North Dakota shall be admitted into the union prior to the
admission into the union of the State of South Dakota.
The said State of North Dakota shall assume and pay all bonds
issued by the Territory of Dakota to provide funds for the purchase,
construction, repairs or maintenance of such public institutions,
grounds or buildings as are located within the boundaries of North
2882 North Dakota— 1889
Dakota, and shall pay all warrants issued under and "by virtue of
that certain act of the legislative assembly of the Territory of Dakota,
approved March 8, 1889, entitled "An act to pi^ovide for the refund-
ing of outstanding warrants drawn on the capitol building fund."
The State of South Dakota shall assume and pay all bonds issued
by the Territory of Dakota to provide funds for the purchase, con-
struction, repairs or maintenance of such public institutions, grounds
or buildings as are located within the boundaries of South Dakota,
that is to say, the State of North Dakota shall assume and pay the
following bonds and indebtedness, towit:
Bonds issued on account of the hospital for insane at Jamestown,
North Dakota, the face aggregate of which is $266,000; also, bonds
issued on account of the North Dakota university at Grand Forks,
North Dakota, the face aggregate of which is $96,700; also, bonds
issued on account of the penitentiary at Bismarck, North Dakota, the
face aggregate of which is $93,600; also, refunding capitol building
warrants dated April 1, 1889, $83,507.46.
And the State of South Dakota shall assume and pay the following
bonds and indebtedness, towit:
Bonds issued on account of the hospital for the insane at Yankton,
South Dakota, the face aggregate of Avhich is $210,000; also, bonds
issued on account of the school for deaf mutes, at Sioux Falls, South
Dakota, the face aggregate of which is $51,000; also, bonds issued on
account of the university at Vermillion, South Dakota, the face ag-
gregate of Avhich is $75,000 ; also, bonds issued on account of the peni-
tentiary at Sioux Falls, South Dakota, the face aggregate of which is
$94,300; also, bonds issued on account of the agricultural college at
Brookings, South Dakota, the face aggregate of which is $97,500;
also, bonds issued on account of the normal school at Madison, South
Dakota, the face aggregate of which is $49,400 ; also, bonds issued on
account of the school of mines at Rapid City, South Dakota, the face
aggregate of Avhich is $33,000; also, bonds issued on account of the
reform school at Plankinton, South Dakota, the face aggregate of
which is $30,000 ; also, bonds issued on account of the normal school
at Spearfish, South Dakota, the face aggregate of which is $25,000;
also, bonds issued on account of the soldiers' home at Hot Springs,
South Dakota, the face aggregate of which is $45,000.
The states of North Dakota and South Dakota shall pay one-half
each of all liabilities now existing or hereafter and prior to the taking
effect of this agreement incurred, except those heretofore or hereafter
incurred, on account of public institutions, grounds or buildings,
except as otherwise herein specifically provided.
The State of South Dakota shall pay to the State of North Dakota
$46,500, on account of the excess of territorial appropriations for the
permanent improvement of territorial institutions which under this
agreement will go to South Dakota, and in full of the undivided one-
half interest of North Dakota in the territorial library, and in full
settlement of unbalanced accounts, and of all claims against the terri-
tory, of whatever nature, legal or equitable, arising out of the alleged
erroneous or unlawful taxation of Northern Pacific railroad lands,
and the payment of said amount shall discharge and exempt the State
of South Dakota from all liability for or on account of the several
matters hereinbefore referred to ; nor shall either state be called upon
North Dakota— 1889 2883
to pay or answer to any portion of liability hereafter arising or ac-
cruing on account of transactions heretofore had, which liability
would be a liability of the Territory of Dakota had such territory
remained in existence, and which liability shall grow out of matters
connected with any public institutions, grounds or buildings of the
territory situated or located within the boundaries of the other state.
A final adjustment of accounts shall be made upon the following
basis: North Dakota shall be charged wdth all sums paid on account
of the public institutions, grounds or buildings located within its
boundaries on account of the current appropriations since March 9,
1889; and South Dakota shall be charged with all sums paid on
account of public institutions, grounds or buildings located within its
boundaries on the same account and during the same time. Each
state shall be charged with one-half of all other expenses of the terri-
torial government during the same time. All moneys paid into the
treasury during the period from March 8, 1889, to the time of taking
effect of this agreement by any county, municipality or person within
the limits of the proposed State of North Dakota, shall be credited
to the State of North Dakota; and all sums paid into said treas-
ury within the same time by any county, municipality or person
within the limits of the proposed State of South Dakota shall be
credited to the State of South Dakota ; except that any and all taxes
on gross earnings paid into said treasury by railroad corporations,
since the 8th day of March, 1889, based upon earnings of years prior
to 1888, under and by virtue of the act of the legislative assembly of
the Territory of Dakota, approved March 7, 1889, and entitled "An
act providing for the levy and collection of taxes upon property of
railroad companies in this Territory," being chapter 107 of the session
laws of 1889 (that is, the part of such sums going to the territory),
shall be equally divided between the states of North Dakota and
South Dakota, and all taxes heretofore or hereafter paid into said
treasury under and by virtue of the act last mentioned, based on the
gross earnings of the year 1888, shall be distributed as already pro-
vided by law, except that so much thereof as goes to the territorial
treasury shall be divided as follows: North Dakota shall have so
much thereof as shall be or has been paid by railroads within the
limits of the proposed State of North Dakota, and South Dakota so
much thereof as shall be or has been paid by railroads within the
limits of the proposed State of South Dakota; each state shall be
credited also with all balances of appropriations made by the seven-
teenth legislative assembly of the Territory of Dakota for the account
of the public institutions, grounds or buildings situated Avithin its
limits, remaining unexpended on March 8, 1889. If there shall be
any indebtedness except the indebtedness represented by the bonds
and refunding warrants hereinbefore mentioned, each state shall at
the time of such final adjustment of accounts, assume its share of said
indebtedness as determined by the amount paid on account of the
public institutions, grounds or buildings of such state in excess of the
receipts from counties, municipalities, railroad corporations or per-
sons within the limits of said state, as provided in this article ; and if
there should be a surplus at the time of such final adjustment, each
state shall be entitled to the amounts received from counties, munici-
palities, railroad corporations or persons within its limits over and
7254— VOL 5—09 23
2884 North Dakota— 1889
above the amount charged it. And the State of North Dakota hereby
obligates itself to pay such part of the debts and liabilities of the
Territory of Dakota as is declared by the foregoing agreement to be
its proportion thereof, the same as if such proportion had been origi-
nally created by said State of North Dakota as its own debt or
liability.
§ 204. Jurisdiction is ceded to the United States over the military
reservations of Fort Abraham Lincoln, Fort Buford, Fort Pembina
and Fort Totten, heretofore declared by the president of the United
States ; provided, legal process, civil and criminal, of this state, shall
extend over such reservations in all cases in which exclusive juris-
diction is not vested in the United States, or of crimes not committed
within the limits of such reservations.
§ 205. The State of North Dakota hereby accepts the several grants
of land granted by the United States to the State of North Dakota
by an act of congress, entitled "An act to provide for the division of
Dakota into two states, and to enable the people of North Dakota,
South Dakota, Montana and Washington to form constitutions and
state governments, and to be admitted into the union on equal footing
Avith the original states, and to make donations of public lands to
such states," under the conditions and limitations therein mentioned ;
reserving the right, however, to apply to congress for modification of
said conditions and limitations in case of necessity.
Article 17
miscellaneous
§ 206. The name of this state shall be " North Dakota." The State
of North Dakota shall consist of all the territory included within the
following boundary, towit: Commencing at a point in the main
channel of the Red River of the North, where the forty ninth degree
of north latitude crosses the same ; thence south up the main channel
of the same and along the boundary line of the State of Minnesota
to a point where the seventh standard parallel intersects the same;
thence west along said seventh standard parallel produced due west
to a point where it intersects the twenty-seventh meridian of longi-
tude west from Washington; thence north on said meridian to a
point where it intersects the forty-ninth degree of north latitude;
thence east along said line to place of beginning.
§ 207. The following described seal is hereby declared to be and
hereby constituted the Great Seal of the State of North Dakota,
towit : A tree in the open field, the trunk of which is surrounded by
three bundles of wheat ; on the right a plow, anvil and sledge ; on
the left a bow crossed with three arrows, and an Indian on horseback
pursuing a buffalo toward the setting sun; the foliage of the tree
arched by a half circle of forty-two stars, surrounded by the motto
" Liberty and Union, Now and Forever, One and Inseparable ; " the
words " Great Seal " at the top, the words " State of North Dakota "
at the bottom; " October 1st " on the left and " 1889 " on the right.
Theseal to be two and one-half inches in diameter.
§ 208. The right of the debtor to enjoy the comforts and necessa-
ries of life shall be recognized by wholesome laws, exempting from
forced sale to all heads of families a homestead, the value of which
North Dakota— 1889 2885
shall be limited and defined by law, and a reasonable amount of per-
sonal property ; the kind and value shall be fixed by law. This sec-
tion shall not be construed to prevent liens against the homestead for
labor done and materials furnished in the improvement thereof, in
such manner as may be prescribed by law.
§ 209. The labor of children under twelve years of age shall be
prohibited in mines, factories and workshops in this state.
§ 210. All flowing streams and natural water courses shall forever
remain the property of the state for mining, irrigating and manufac-
turing purposes.
§ 211. Members of the legislative assembly and judicial depart-
ment, except such inferior officers as may be by law exempted shall,
before they enter on the duties of their respective offices, take and
subscribe the following oath or affirmation : " I do solemnly swear
(or affirm, as the case may be) that I will support the constitution
of the United States and the constitution of the State of North
Dakota ; and that I will faithfully discharge the duties of the office
of according to the best of my ability, so help me God " (if
an oath), (under pains and penalties of perjury), if an affirmation,
and no other oath, declaration, or test shall be required as a qualifi-
cation for any office or public trust.
§ 212. The exchange of " black lists " between corporations shall
be prohibited.
§ 213. The real and personal property of any woman in this state,
acquired before marriage, and all property to which she may after
marriage become in any manner rightfully entitled, shall be her
separate property and shall not be liable for the debts of her husband.
Article 18
congressional and legislative apportionment
§ 214. Until otherwise provided by law, the member of the house
of representatives of the United States apportioned to this state,
shall be elected at large.
Until otherwise provided by law, the senatorial and representative
districts shall be formed, and the senators and the representatives
shall be apportioned as follows :
The first district shall consist of the townships of Walhalla, St.
Joseph, Neche, Pembina, Bathgate, Carlisle, Joliet, Midland, Lin-
coln and Drayton, in the county of Pembina, and be entitled to one
senator and two representatives.
The second district shall consist of the townships of St. Thomas,
Hamilton, Cavalier, Akra, Beaulien, Thingvalla, Gardar, Park, Crys-
tal, Elora and Lodema, in the county of Pembina, and be entitled to
one senator and two representatives.
The third district shall consist of the townships of Perth, Latona,
Adams, Silvesta, Cleveland, Morton, Vesta, Tiber, Medford, Vernon,
Golden, Lampton, Eden, Rushford, Kensington, Dundee, Ops, Prairia
Center, Fertile, Park River and Glenwood, in the county of Walsh,
and be entitled to one senator and two representatives.
The fourth district shall consist of the townships of Forest River,
Walsh Center, Grafton, Farmington, Ardock, village of Ardock, Har-
rison, city of Grafton, Oakwood, Martin, Walshvifle, Pulaski, Acton,
2886 Ncrrth Dakota— 1889
Minto and St. Andrews, in the county of Walsh, and be entitled to
one senator and three representatives.
The fifth district shall consist of the townships of Gilby, Johns-
town, Strabane, Wheatfield, Hegton, Arvilla, Avon, Northwood,
Lind, Grace, Larimore, and the city of Larimore, Elm Grove, Agnes,
Inkster, Elkmount, Oakwood, Niagara, Moraine, Logan and Loretta,
in the county of Grand Forks, and be entitled to one senator and two
representatives.
The sixth district shall consist of the third, fourth, fifth and sixth
wards of the city of Grand Forks, as now constituted, and the town-
ships of Falconer, Harvey, Turtle River, Ferry, Rye, Blooming,
Meckinock, Lakeville and Levant, in the county of Grand Forks, and
be entitled to one senator and two representatives.
The seventh district shall consist of the first and second wards of
the city of Grand Forks, as now constituted, and the townships of
Grand Forks, Brenna, Oakville, Chester, Pleasant View, Fairfield,
Allendale, Walle, Bentru, Americus, Michigan, Union and Washing-
ton, in the county of Grand Forks, and be entitled to one senator and
two representatives.
The eighth district shall consist of the county of Traill and be
entitled to one senator and four representatives.
The ninth district shall consist of the township of Fargo and the
city of Fargo, in the county of Cass, and the fractional township num-
ber 139 in range 48, and be entitled to one senator and two repre-
sentatives.
The tenth district shall consist of the townships of Noble, Wiser,
Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin,
Raymond, Mapleton, Warren, Norman, Elm River, Harmony, Dur-
bin, Addison, Davenport, Casselton and the city of Casselton, in the
county of Cass, and be entitled to one senator and three representa-
tives.
The eleventh district shall consist of the townships of Webster, Rush
River, Hunter, Arthur, Amenia, Everest, Maple River, Leonard,
Dows, Erie, Empire, Wheatland, Gill, Walberg, Watson, Page, Rich,
Ayr, Buffalo, Howes, Eldrid, Highland, Rochester, Lake, Cornell,
Tower, Hill, Clifton and Pontiac, in the county of Cass, and be en-
titled to one senator and three representatives.
The twelfth district shall consist of the county of Richland and
be entitled to one senator and three representatives.
The thirteenth district shall consist of the county of Sargent and
be entitled to one senator and two representatives.
The fourteenth district shall consist of the county of Ransom and
be entitled to one senator and two representatives.
The fifteenth district shall consist of the county of Barnes and be
entitled to one senator and two representatives.
The sixteenth district shall consist of the counties of Steele and
Griggs and be entitled to one senator and two representatives.
The seventeenth district shall consist of the county of Nelson and be
entitled to one senator and one representative.
The eighteenth district shall consist of the county of Cavalier and
be entitled to one senator and two representatives.
The nineteenth district shall consist of the counties of Towner and
Rolette, and be entitled to one senator and one representative.
Ncyrih Dakota— 1889 2887
The twentieth district shall consist of the counties of Benson and
Pierce, and be entitled to one senator and two representatives.
The twenty-first district shall consist of the county of Ramsey, and
be entitled to one senator and two representatives.
The twenty-second district shall consist of the counties of Eddy,
Foster and Wells, and be entitled to one senator and two representa-
tives.
The twenty-third district shall consist of the county of Stutsman,
and be entitled to one senator and two representatives.
The twenty-fourth district shall consist of the county of LaMoure,
and be entitled to one senator and one representative.
The twenty-fifth district shall consist of the county of Dickey, and
be entitled to one senator and two representatives.
The twenty-sixth district shall consist of the counties of Emmons,
Mcintosh, Logan and Kidder, and be entitled to one senator and two
representatives.
The twenty-seventh district shall consist of the county of Burleigh
and be entitled to one senator and two representatives.
The twenty-eighth district shall consist of the counties of Bot-
tineau and McHenry, and be entitled to one senator and one repre-
sentative.
The twenty-ninth district shall consist of the counties of Ward,
McLean, and all the unorganized counties lying north of the Mis-
souri river, and be entitled to one senator and one representative.
The thirtieth district shall consist of the counties of Morton and
Oliver, and be entitled to one senator and two representatives.
The thirty-first district shall consist of the counties of Mercer,
Stark and Billings, and all the unorganized counties lying south of
the Missouri river, and be entitled to one senator and one repre-
sentative.
Article 19
public institutions
§ 215. The following public institutions of the state are perma-
nently located at the places hereinafter named, each to have the lands
specifically granted to it by the United States, in the act of congress,
approved February 22, 1889, to be disposed of and used in such man-
ner as the legislative assembly may prescribe, subject to the limita-
tions provided in the article on school and public lands contained in
this constitution :
First. The seat of government at the city of Bismarck, in the
county of Burleigh.
Second. The State University and the School of Mines at the city
of Grand Forks, in the county of Grand Forks.
Third. The Agricultural College at the city of Fargo, in the county
of Cass.
Fourth. A State Normal School at the city of Valley City, in the
county of Barnes; and the legislative assembly in apportioning the
grant of eighty thousand acres of land for normal schools made in
the act of congress referred to shall grant to the said normal school
at Valley City as aforementioned, fifty thousand (50,000) acres,
2888 North Dakota— 1889
and said lands are hereby appropriated to said institution for that
purpose.
Fifth. The Deaf and Dumb Asylum at the city of Devils Lake, in
the county of Ramsey."
Sixth. A State Reform School at the city of Mandan, in the county
of Morton.
Seventh. A State Normal School at the city of Mayville, in the
county of Traill; and the legislative assembly in apportioning the
grant of lands made by congress, in the act aforesaid for state normal
schools, shall assign thirty thousand (30,000) acres to the institution
hereb^r located at Mayville, and said lands are hereby appropriated
for said purpose.
Eighth. A State Hospital for the Insane and Institution for the
Feeble Minded in connection therewith, at the city of Jamestown,
in the county of Stutsman. And the legislative assembly shall ap-
propriate twenty thousand acres of the grant of lands made by the
act of congress aforesaid for " other educational and charitable insti-
tutions " to the benefit and for the endowment of said institution.^
§ 216. The following named public institutions are hereby perma-
nently located as hereinafter provided, each to have so much of the
remaining grant of one hundred and seventy thousand acres of land
made by the United States for " other educational and charitable
institutions," as is allotted by law, viz:
First. A Soldiers' Home, when located, or such other charitable
institution as the legislative assembly may determine, at Lisbon, in
the county of Ransom, with a grant of forty thousand acres of land.
Second. A Blind Asylum, or such other institution as the legisla-
tive assembly may determine, at such place in the county of Pembina
as the qualified electors of said county may determine at an election
to be held as prescribed by the legislative assembly, with a grant of
thirty thousand acres.
Third. An Industrial School and School for Manual Training, or
such other educational or charitable institution as the legislative
assembly may provide, at the town of Ellendale, in the county of
Dickey, with a grant of forty thousand acres.
Fourth. A School of Forestry, or such other institution as the legis-
lative assembly may determine, at such place in one of the counties
of McHenry, Ward, Bottineau or Rolette, as the electors of said
counties may determine by an election for that purpose, to be held
as provided by the legislative assembly.
Fifth. A Scientific School, or such other educational or charitable
institution as- the legislative assembly may prescribe, at the city of
Wahpeton, county of Richland, with a grant of forty thousand acres;
provided, that no other institution of a character similar to any one
of those located by this article shall be established or maintained
without a revision of this constitution.
<» See amendment, Article 3. * See amendment, Article 4.
North Dakota— 1889 2889
Article 20
PROHIBITION
§ 217. No person, association or corporation shall within this state,
manufacture for sale or gift, any intoxicating liquors, and no person,
association or corporation shall import any of the same for sale or
gift, or keep or sell or offer the same for sale, or gift, barter or trade
as a beverage. The legislative assembly shall by law prescribe regu-
lations for the enforcement of the provisions of this article and shall
thereby provide suitable penalties for the violation thereof.*
Schedule
§ 1. That no inconvenience may arise from a change of territorial
government to state government, it is declared that all writs, actions,
prosecutions, claims and rights of individuals and bodies corporate
shall continue as if no change of government had taken place, and
all processes which may, before the organization of the judicial
department ujider this constitution, be issued under the authority of
the Territory of Dakota shall be as valid as if issued in the name of
the state.
§ 2. All laws now in force in the Territory of Dakota, which are
not repugnant to this constitution, shall remain in force until they
expire by their own limitations or be altered or repealed.
§ 3. All fines, penalties, forfeitures and escheats accruing to the
Territory of Dakota shall accrue to the use of the states of North
Dakota and South Dakota and may be sued for and recovered by
either of said states as necessity may require.
§ 4. All recognizances, bonds, obligations or other undertakings
heretofore taken, or which may be taken before the organization of
the judicial department under this constitution, shall remain valid,
and shall pass over to, and may be prosecuted in the name of the
state; all bonds, obligations or other undertakings executed to this
territory, or to any officer in his official capacity, shall pass over to
the proper state authority, and to their successors in office, for the
use therein respectively expressed, and may be sued for and recovered
accordingly; all criminal prosecutions and penal actions which have
arisen, or may arise before the organization of the judicial depart-
ment, under this constitution, or which shall then be pending, may be
prosecuted to judgment and execution in the name of the state.
§ 5. All property, real and personal, and credits, claims and
choses in action belonging to the Territory of Dakota at the time
of the adoption of this constitution, shall be vested in and become the
property of the states of North Dakota and South Dakota.
§ 6. Whenever any two of the judges of the supreme court of the
state, elected under the provisions of this constitution shall have
qualified in their offices, the causes then pending in the supreme court
of the territory on appeal or writ of error from the district courts
of any county or subdivision within the limits of this state, and the
papers, records and proceedings of said court shall pass into the
jurisdiction and possession of the supreme court of the state, except
« See amendment, Article 1 (new article).
2890 North Dakota— 1889
as otherwise provided in the enabling act of congress, and until so
superseded the supreme court of the territory and the judges thereof
shall continue, with like powers and jurisdiction as if this constitu-
tion has not been adopted. Whenever the judge of the district
court of any district elected under the provisions of this constitution
shall have qualified in his office, the several causes then pending in
the district court of the territory within any county in such district,
and the records, papers and proceedings of said district court, and
the seal and other property pertaining thereto, shall pass into the
jurisdiction and possession of the district court of the state for such
county, except as provided in the enabling act of congress, and until
the district courts of .this territory shall be superseded in the man-
ner aforesaid, the said district courts and the judges thereof shall
continue with the same jurisdiction and power to be exercised in the
same judicial districts respectively as heretofore constituted under
the laws of the territory.
§ 7. Until otherwise provided by law, the seals now in use in
the supreme and district courts of this territory are hereby declared
to be the seals of the supreme and district courts respectively of the
state.
§ 8. Whenever this constitution shall go into effect, the books,
records and papers, and proceedings of the probate court in each
county, and all causes and matters of administration and other mat-
ters pending therein, shall pass into the jurisdiction and possession of
the county court of the same county, and the said county court shall
proceed to final decree or judgment, order or other determination in
the said several matters and causes as the said probate court might
have done if this constitution had not been adopted. And until the
election and qualification of the judges of the county courts provided
for in this constitution, the probate judges shall act as the judges of
the county courts within their respective counties, and the seal of the
probate court in each county shall be the seal of the county court
therein, until the said court shall have procured a proper seal.
§ 9. The terms " probate court " or " probate judge," whenever
occurring in the statutes of the territory, shall, after this constitu-
tion goes into effect, be held to apply to the county court or county
judge.
§ 10. All territorial, county and precinct officers, who may be in
office at the time this constitution takes effect, whether holding their
offices under the authority of the United States or of the territory,
shall hold and exercise their respective offices, and perform the duties
thereof as prescribed in this constitution, until their successors shall
be elected and qualified in accordance with the provisions of this
constitution, and official bonds of all such officers shall continue in
full force and effect as though this constitution had not been adopted ;
and such officers for their term of service, under this constitution,
shall receive the same salaries and compensation as is by this con-
stitution or by the laws of the territory, provided for like officers;
provided, that the county and precinct officers shall hold their offices
for the term for which they were elected. There shall be elected in
each organized county in this state, at the election to be held for the
ratification of this constitution, a clerk of the district court, who
shall hold his office under said election until his successor is duly
North Dakota— 1889 2891
elected and qualified. The judges of the district court shall have
power to appoint state's attorneys in any organized counties where
no such attorneys have been elected, which appointment shall continue
until the general election to be held in 1890, and until his suc-
cessor is elected and qualified.
§ 11. This constitution shall take effect and be in full force imme-
diately upon the admission of the territory as a state.
§ 12. Immediately upon the adjournment of this convention the
governor of the territory, or in case of his absence or failure to act,
the secretary of the territory, or in case of his absence or failure to
act, the president of the constitutional convention shall issue a proc-
lamation, which shall be published and a copy thereof mailed to the
chairman of the board of county commissioners of each county, call-
ing an election by the people on the first Tuesday in October, 1889,
of all the state and district officers created and made elective by this
constitution. This constitution shall be submitted for adoption or
rejection at said election to a vote of the electors qualified by the laws
of this territory to vote at all elections. At the election provided for
herein the qualified voters shall vote directly for or against this con-
stitution and for or against the article separately submitted.
§ 13. The board of commissioners of the several counties shall there-
upon order such election for said day, and shall cause notice thereof
to be given for the period of twenty days in the manner provided by
law. Every qualified elector of the territory, at the date of said
election, shall be entitled to vote thereat. Said election shall be con-
ducted in all respects in the same manner as provided by the laws
of the territory for general elections, and the returns for all state
and district officers, and members of the legislative assembly, shall
be made to the canvassing board hereinafter provided for.
§ 14. The governor, secretary and chief justice, or a majority of
them, shall constitute a board of canvassers to canvass the vote of
such election for all state and district officers and members of the
legislative assembly. The said board shall assemble at the seat of
government of the territory on the fifteenth day after the day of
such election (or on the following day if such day falls on Sunday),
and proceed to canvass the votes on the adoption of this constitution
and for all state and district officers and members of the legislative
assembly in the manner provided by the laws of the territory for can-
vassing the vote for delegate to congress, and they shall issue certifi-
cates of election to the persons found to be elected to said offices
severally, and shall make and file w^ith the secretary of the territory
an abstract certified by them, of the number of votes cast for or
against the adoption of the constitution, and for each person for
each of said offices, and of the total number of votes cast in each
county.
§ All officers elected at such election shall, within sixty days after
the date of the executive proclamation admitting the State of North
Dakota into the union, take the oath required oy this constitution,
nnd give the same bond required by the law of the territory to be
given in case of like officers of the territory and districts, and shall
1 hereupon enter upon the duties of their respective offices; but the
legislative assembly may require by law all such officers to give other
or further bonds as a condition of their continuance in office.
2892 Ncyrih Dakota— 1889
§ 16. The judges of the district court who shall be elected at the
election herein provided for shall hold their offices until the first
Monday in January, 1893, and until their successors are elected and
qualified. All other state officers, except judges of the supreme court,
who shall be elected at the election herein provided for, shall hold
their offices until the first Monday in January, 1891, and until their
successors are elected and qualified. Until otherwise provided by law
the judges of the supreme court shall receive for their services the
salary of four thousand dollars per annum, payable quarterly; and
the district judges shall receive for their services the salary of three
thousand dollars per annum, payable quarterly.
§ IT. The governor-elect of the state immediately upon his qualify-
ing and entering upon the duties of his office shall issue his proclama-
tion convening the legislative assembly of the state at the seat of
government, on a day to be named in said proclamation, and which
shall not be less than fifteen nor more than forty days after the date
of such proclamation. And said legislative assembly after organiz-
ing shall proceed to elect two senators of the United States for the
State of North Dakota ; and at said election the two persons who shall
receive a majority of all the votes cast by the said senators and repre-
sentatives shall be elected such United States senators. And the pre-
siding officers of the senate and house of representatives shall each
certify the election to the governor and secretary of the State of
North Dakota; and the governor and secretary of state shall certify
the election of such senators as provided by law.
§ 18. At the election herein provided for there shall be elected a
representative to the fifty-first congress of the United States by the
electors of the state at large.
§ 19. It is hereby made the duty of the legislative assembly at its
first session to provide for the payment of all debts and indebtedness
authorized to be incurred by the constitutional convention of North
Dakota, which shall remain unpaid after the appropriation made by
congress for the same shall have been exhausted.
§ 20. There shall be submitted at the same election at which this
constitution is submitted for rejection or adoption. Article 20, entitled
" Prohibition," and persons who desire to vote for said article shall
have written or printed on their ballots " For Prohibition," and all
persons desiring to vote against said article shall have written or
printed on their ballots "Against Prohibition." If it shall appear
according to the returns herein provided for that a majority of all
the votes cast at said election for and against prohibition are for
prohibition, then said Article 20 shall be and form a part of this con-
stitution and be in full force and eifect as such from the date of the
admission of this state into the union. But if a majority of said votes
shall appear according to said returns to be against prohibition, then
said Article 20 shall be null and void and shall not be a part of this
constitution.
§ 21. The agreement made by the joint commission of the constitu-
tional conventions of North Dakota and South Dakota concerning
the records, books and archives of the Territory of Dakota, is hereby
ratified and confirmed; which agreement is in the words following,
that is to say :
The following books, records and archives of the Territory of
Dakota shall be the property of North Dakota, towit: All records,
North Dakota— 1889 2893
books and archives in the offices of the governor and secretary of the
territory (except records of articles of incorporation of domestic cor-
porations, returns of election of delegates to the constitutional con-
vention of 1889 for South Dakota, returns of elections held under the
so-called local option law, in counties within the limits of South
Dakota, bonds of notaries public appointed for counties within
the limits of South Dakota, papers relating to the organization of
counties situate within the limits of South Dakota, all which records
and archives are a part of the records and archives of said sec-
retary's office; excepting also, census returns from counties situate
within the limits of gouth Dakota and papers relating to requisi-
tions issued upon the application of officers of counties situate
within the limits of South Dakota, all of which are a part of the
records and archives of said governor's office.) And the following
records, books and archives shall also be the property of the State of
North Dakota, towit:
Vouchers in the office or custody of the auditor of this territory
relating to expenditures on account of public institutions, grounds
or buildings situate within the limits of North Dakota. One war-
rant register in the office of the treasurer of this territory, being a
record of warrants issued under and by virtue of chapter 24 of the
laws enacted by the eighteenth legislative assembly of Dakota Terri-
tory. All letters, receipts and vouchers in the same office now filed
by counties and pertaining to counties within the limits of North
Dakota. Paid and cancelled coupons in the same office representing
interest on bonds which said state of North Dakota is to assume and
pay. Reports of gross earnings of the year 1888 in the same office,
made by corporations operating lines of railroad situated wholly or
mainly within the limits of North Dakota. Records and papers of
the office of the public examiner of the second district of the territory.
Records and papers of the office of the district board of agriculture.
Records and papers in the office of the board of pharmacy of the dis-
trict of North Dakota.
All records, books and archives of the Territory of Dakota which
it is not herein agreed shall be the property of North Dakota, shall
be the property of South Dakota.
The following books shall be copied and the copies shall be the
property of North Dakota and the cost of such copies shall be borne
equally by said states of North Dakota and South Dakota, that is
to say:
Appropriation Ledger for years ending November 1889-90 — one
volume.
The Auditor's Current Warrant Register — one volume.
Insurance Record for 1889 — one volume.
Treasurer's Cash Book— ;' D."
Assessment Ledger — " B."
Dakota Territory Bond Register — one volume.
Treasurer's Current Ledger — one volume.
The originals of the foregoing volumes which are to be copied
shall at any time after such copying shall have been completed be
delivered on demand to the proper authorities of the State of South
Dakota.
All other records, books and archives which it is hereby agreed
shall be the property of South Dakota, shall remain at the capitol
2894 North Dakota— 1889
of North Dakota until demanded by the legislature of the State of
South Dakota, and until the State of North Dakota shall have had a
reasonable time after such demand is made to provide copies or
abstracts of such portions thereof as the said State of North Dakota
may desire to have copies or abstracts of.
The State of South Dakota may also provide copies or abstracts of
such records, books and archives, which it is agreed shall be the
property of North Dakota, as said State of South Dakota shall
desire to have copies or abstracts of.
The expenses of all copies or abstracts of records, books and
archives which it is herein agreed may be made,.shall be borne equally
by said two states.
§ 22. Should the counties containing lands which form a part of
the grant of lands made by congress to the Northern Pacific Railroad
company be compelled by law to refund moneys paid for such lands
or any of them by purchasers thereof at tax sales thereof, based upon
taxes illegally leyied upon said lands, then and in that case the State
of North Dakota shall appropriate the sum of twenty-five thousand
dollars ($25,000) or so much thereof as may be necessary to reimburse
said counties for the amount so received from said illegal tax sales
and paid by said counties into the treasury of Dakota Territory.
§ 23. This constitution shall, after its enrollment, be signed by the
president of this convention and the chief clerk thereof, and such
delegates as desire to sign the same, whereupon it shall be deposited
in the office of the secretary of the territory, where it may be signed
at any time by any delegate who shall be prevented from signing the
same for any reason at the time of the adjournment of this
convention.
§ 24. In case the territorial officers of the Territory of Dakota, or
any of them who are now required by law to report to the governor
of the territory, annually or biennially, shall prepare and publish
such reports covering the transactions of their offices up to the time
of the admission of the State of North Dakota into the union; the
legislative assembly shall make sufficient appropriations to pay one-
half of the cost of such publication.
§ 25. The governor and secretary of the territory are hereby author-
ized to make arrangements for the meeting of the first legislative
assembly, and the inauguration of the state government.
§ 26. The legislative assembly shall provide for the editing, and
for the publication, in an independent volume, of this constitution,
as soon as it shall takei effect, and whenever it shall be altered or
amended, and shall cause to be published in the same volume the
Declaration of Independence, the Constitution' of the United States
and the Enabling Act.
Done at Bismarck, Dakota, in open convention, this iTth day of
>ugust, A. D. 1889.
F. B. Fancher, President,
John G. Hamilton, Chief Clerk,
North Dakota— 1889 2895
AMENDMENTS TO THE CONSTITUTION OF NORTH DAKOTA
Article 1
The legislative assembly shall have no power to authorize lotteries
or gift enterprises for any purpose, and shall pass laws to prohibit
the sale of lottery or gift enterprise tickets.
Article 2
§ 121. Every male person of the age of twenty-one years or
upwards, belonging to either of the following classes, who shall have
resided in the state one year and in the county six months, and in
the precinct ninety days next preceding any election, shall be a quali-
fied elector at such election :
First — Citizens of the United States.
Second — Civilized persons of Indian descent who shall have sev-
ered their tribal relations two years next preceding such election.
§ 127. No person who is under guardianship, non compos mentis or
insane shall be qualified to vote at any election ; nor any person con-
victed of treason or felony unless restored to civil rights; and the
legislature shall by law establish an educational test as a qualifica-
tion, and may prescribe penalties for failing, neglecting or refusing
to vote at any general election.
Article 3
§ 76. The governor shall have power in conjunction with the board
of pardons, of which the governor shall be ex officio a member and
the other members of which shall consist of the attorney general of
the state of North Dakota, the chief justice of the supreme court of
the state of North Dakota, and two qualified electors who shall be
appointed by the governor, to remit fines and forfeitures, to grant
reprieves, commutations and pardons after conviction for all offenses
except treason and cases of impeachment; but the legislative assem-
bly may by law regulate the manner in which the remission of fines,
pardons, commutations and reprieves may be applied for. Upon
conviction of treason the governor shall have the power to suspend
the execution of sentence until the case shall be reported to the legis-
lative assembly at its next regular session, when thi legislative assem-
bly shall either pardon or commute the sentence, direct the execution
of the sentence or grant further reprieve. The governor shall com-
municate to the legislative assembly at each regular session each case
of remission of fine, reprieve, commutation or pardon granted by the
board of pardons, stating the name of the convict, the crime for
which he is convicted, the sentence and its date and the date of remis-
sion, commutation, pardon or reprieve, with their reasons for grant-
ing the same.
Article 4
§ 179. All property, except as hereinafter in this section provided,
shall be assessed in the county, city, township, village or district in
2896 North Dakota— 1889
which it is situated, in the manner prescribed by law. The fran-
chise, roadway, roadbed, rails and rolling stock of all railroads, and
the franchise and all other property of all express companies, freight
line companies, car equipment companies, sleeping car companies,
dining car companies, telegraph or telephone companies or corpora-
tions operated in this state and used directly or indirectly in the
carrying of persons, property or messages, shall be assessed by the
state board of equalization at their actual value, and such, assessed
value shall be apportioned to the counties, cities, towns, villages,
townships and districts in which such railroad companies, express
companies, sleeping car companies, dining car companies, telegraph
and telephone companies are located, or through which they are oper-
ated, as a basis for the taxation of such property, in proportion to the
number of miles of such property within such counties, cities, towns,
villages, townships and districts, or over which any part of such
property is used or operated within such counties, towns, villages,
townships and districts. But should any railroad allow any portion
of its roadway to be used for any purpose other than the operation
of a railroad thereon, such portion of its roadway, while so used,
shall be assessed in the manner provided for the assessment of other
real property.
Article 5
Addenda to section 176 :
The legislative assembly may further provide that grain grown
within the state and held therein in elevators, warehouses and gran-
aries may be taxed at a fixed rate.
Article 6
§ 162. The moneys of the permanent school fund, ana other educa-
tional funds, shall be invested only in bonds of school corporations,
or of counties or townships within the state, bonds of the United
States, bonds of the State of North Dakota, municipal bonds, or on
first mortgages on farm lands in the state, not exceeding in amount
one-third the actual value of any subdivision on which the same may
be loaned, such value to be determined by the board of appraisal of
school lands.
OHIO"
For organic acts relating to the land now included within Ohio see in this
work :
Virginia Act of Cession, 1783 (Illinois, p. 955).
Deed of Cession from Virginia, 1784 (Illinois, p. 957).
Northwest Territorial Government, 1787 (Illinois, p. 957).
Virginia Act of Ratification, 1788 (Illinois, p. 963).
Northwest Territorial Government, 1789 (Illinois, p. 963).
Territorial Government of Indiana, 1800 (Illinois, p. 964).
ENABLING ACT FOR OHIO— 1802 ^
[Seventh Congkess, Fibst Session]
An Act to enable the people of the eastern division of the territory northwest of
the river Ohio to form a constitution and State government, and for the ad-
mission of such State into the Union on an equal footing with the original
States, and for other purposes
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That the inhabit-
ants of the eastern division of the territory northwest of the river
Ohio be, and they are hereby, authorized to form for themselves a
constitution and State government, and to assume such name as they
shall deem proper, and the said State, when formed, shall be admitted
into the Union upon the same footing with the original States in all
respects whatever.
Sec. 2. And he it further enacted^ That the said State shall con-
sist of all the territory included within the following boundaries, to
w4t: 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
by the line drawn due north from the mouth of the Great Miami
aforesaid, and on the north by an east and west line drawn through
the southerly extreme of Lake Michigan, running east after inter-
secting the due-north line aforesaid, from the mouth of the Great
Miami until it shall interse/^t Lake Erie or the territorial line, and
thence with the same through Lake Erie to the Pennsylvania line
aforesaid: Provided^ That Congress shall be at liberty at any time
hereafter either to attach all the territory lying east of the line to be
a The territory east of the Mississippi and north of the Ohio and west of Penn-
sylvania, which had been under the jurisdiction of the province of Quebec
before the Revolution, was claimed by Virginia, which State formally ceded
its claims to the Federal Government, upon condition that it should be formed
into States. The States of Massachusetts, Connecticut, and New York also
ceded, at different times, claims to jurisdiction over western lands under their
respective colonial charters.
ft See also the act to grant one-thirty-sixth of public lands in Ohio for school
purposes, March 3, 1803 ; and the act to fix the boundaries of, May 20, 1812.
2897
2898 Ohio— 1802
drawn due north from the mouth of the Miami aforesaid to the ter-
ritorial line, and north of an east and west line drawn through the
southerly extreme of Lake Michigan, running east as aforesaid to
Lake Erie, to the aforesaid State, or dispose of it otherwise, in con-
formity to the fifth article of compact between the original States
and the people and States to be formed in the territory northwest of
the river Ohio.
Sec. 3. And he it further enacted^ That all that part of the terri-
tory of the United States northwest of the river Ohio, heretofore
included in the eastern division of said territory, and not included
within the boundary herein prescribed for the said State, is hereby
attached to, and made a part of, the Indiana Territory, from and after
the formation of the said State, subject, nevertheless, to be hereafter
disposed of by Congress, according to the right reserved in the fifth
article of the ordinance aforesaid, and the inhabitants therein shall
be entitled to the same privileges and immunities, and subject to the
same rules and regulations, in all respects whatever, with all other
citizens residing within the Indiana Territory.
Sec. 4. And he it further enacted^ That all male citizens of the
United States, who shall have arrived at full age, and resided within
the said territory at least one year previous to the day of election, and
shall have paid a territorial or county tax, and all persons having in
other respects the legal qualifications to vote for representatives in
the general assembly of the territory, be, and they are hereby, author-
ized to choose representatives to form a convention, who shall be ap-
portioned amongst the several counties within the eastern division
aforesaid, in a ratio of one representative to every twelve hundred
inhabitants of each county, according to the enumeration taken under
the authority of the United States, as near as may be, that is to say,
from the county of Trumbull, two representatives; from the county
of Jefferson, seven representatives, two of the seven to be elected
within what is now known by the county of Belmont, taken from
Jefferson and Washington Counties ; from the county of Washington,
four representatives; from the county of Ross, seven representatives,
two of the seven to be elected in what is now known by Fairfield
County, taken from Ross and Washington Counties ; from the county
of Adams, three representatives ; from the county of Hamilton, twelve
representatives, two of the twelve to be elected in what is now^ known
by Clermont County, taken entirely from Hamilton County ; and the
elections for the representatives aforesaid shall take place on the sec-
ond Tuesday of October next, the time fixed by a law of the territory
entitled "An act to ascertain the number of free male inhabitants of
the age of twenty-one in the territory of the United States northwest
of the river Ohio, and to regulate the elections of representatives for
the same," for electing representatives to the general assembly, and
shall be held and conducted in the same manner as is provided "by the
aforesaid act, except that the qualifications of electors shall be as
herein specified.
Sec. 5. And he it further enacted^ That the members of the conven-
tion, thus duly elected, be, and they are hereby, authorized to meet at
Chillicothe on the first Monday in November next ; which convention,
when met, shall first determine, by a majority of the whole number
Ohio— 1802 2899
elected, whether it be or be not expedient at that time to form a con-
stitution and State government for the people within the said terri-
tory, and if it be determined to be expedient, the convention shall be,
and hereby are, authorized to form a constitution and State govern-
ment, or, if it be deemed more expedient, the said convention shall
provide by ordinance for electing representatives to form a constitu-
tion or frame of government; which said representatives shall be
chosen in such manner and in such proportion, and shall meet at
such time and place, as shall be prescribed by the said ordinance;
and shall form for the people of the said State a constitution and
State government, provided the same shall be republican, and not
repugnant to the ordinance of the thirteenth of July, one thousand
seven hundred and eighty-seven, between the original States and the
people and States of the territory northwest of the river Ohio.
Sec. 6. And he it further enacted^ That until the next general
census shall be taken, the said State shall be entitled to one Represen-
tative in the House of Representatives of the United States.
Sec. 7. And he it further enacted^ That the following propositions
be, and the same are hereby, offered to the convention of the eastern
State of the said territory, when formed, for their free acceptance or
rejection, which, if accepted by the convention, shall be obligatory
upon the United States :
First. That the section, number sixteen, in every township, and,
where such section has been sold, granted, or disposed of, other lands
equivalent thereto and most contiguovis to the same, shall be granted
to the inhabitants of such township, for the use of schools.
Second. That the six miles reservation, including the salt-springs,
commonly called the Scioto salt-springs, the salt-springs near the
Muskingum River, and in the military tract, with the sections of land
which include the same, shall be granted to the said State for the
use of the people thereof, the same to be used under such terms and
conditions and regulations as the legislature of the said State shall
direct: Provided^ The said legislature shall never sell nor lease the
same for a longer period than ten years.
Third. That one-twentieth part of the net proceeds of the lands
lying within the said State sold by Congress, from and after the
thirtieth day of June next, after deducting all expenses incident to the
same, shall be applied to the laying out and making public roads,
leading from the navigable waters emptying into the Atlantic, to
the Ohio, to the said State, and through the same, such roads to be
laid out under the authority of Congress, with the consent of the
several States through which the road shall pass: Provided always^
That the three foregoing propositions herein offered are on the con-
ditions that the convention of the said State shall provide, by an
ordinance irrevocable without the consent of the United States, that
t'very and each tract of land sold by Congress from and after the
thirtieth day of June next, shall be and remain exempt from any tax
laid by order or under authority of the State, whether for State,
county, township, or any other purpose whatever, for the term of five
years from and after the day of sale.
Approved, April 30, 1802.
7254— VOL 5—09 24
2900 Ohio— 1803
ACT RECOGNIZING THE STATE OE OHIO— 1803
[Seventh Congress, Second Session]
An Act to provide for the due execution of the laws of the United States within
the State of Ohio.
Whereas the people of the eastern division of the Territory north-
west of the river Ohio did, on the twenty-ninth day of November, one
thousand eight hundred and two, form for themselves a constitution
and State government, and did give to the said State the name of the
" State of Ohio," in pursuance of an act of Congress entitled "An act
to enable the people of the eastern division of the territory northwest
of the river Ohio to form a constitution 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," whereby the said
State has become one of the United States of America; in order,
therefore, to provide for the due execution of the laws of the United
States within the said State of Ohio —
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^^ That all the laws of
the United States which are not locally inapplicable shall have the
same force and effect within the said State of Ohio as elsewhere within
the United States.
Sec. 2. Be it further enacted^ That the said State shall be one dis-
trict and be called the Ohio district, and a district court shall be held
therein, to consist of one judge, who shall reside in the said district,
and be called a district judge. He shall hold at the seat of govern-
ment of the said State three sessions annually ; the first to commence
on the first Monday in June next, and the two other sessions pro-
gressively on the like Monday of every fourth calendar month after-
wards, and he shall, in all things, have and exercise the same jurisdic-
tion and powers which are by law given to the judge of the Kentucky
district ; he shall appoint a clerk for the said district, who shall reside
and keep the records of the court at the place of holding the same,
and shall receive for the services performed by him the same fees to
which the clerk of the Kentucky district is entitled for similar
services.
Sec. 3. Be it further enacted^ That there shall be allowed to the
judge of the said district court the annual compensation of one thou-
sand dollars, to commence from the date of his appointment, to be
paid quarter-yearly at the Treasury of the United States.
Sec. 4. Be it further enacted^ That there shall be appointed in the
said district a person learned in the law to act as attorney for the
United States, who shall, in addition to his stated fees, be paid by the
United States two hundred dollars annually, as a full compensation
for all extra services.
Sec. 5. And he it further enacted^ That a marshal shall be ap-
pointed for the said district, who shall perform the same duties, be
subject to the same regulations and penalties, and be entitled to the
same, fees as are prescribed to marshals in other districts, and shall
moreover be entitled to the sum of two hundred dollars annually, as
a compensation for all extra services.
Approved, February 19, 1803.
■
Ohio— 1802 2901
CONSTITUTION OF OHIO— 1802 * «
We, the people of the eastern division of the territory of 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 enable the people of the eastern division
of the territory of the United States northwest of the river Ohio to
form a constitution 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 our-
selves into a free and independent State by the name of the State of
Ohio.
Article I
Section 1. The legislative authority of this State shall be vested
in a general assembly, which shall consist of a senate and house of
representatives, both to be elected by the people.
Sec. 2. Within one year after the first meeting of the general as-
sembly, and within every subsequent term of four years, an enumera-
tion 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 num-
ber 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 twenty-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 of 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.
Sec. 3. The representatives shall be chosen annually, by the citizens
of each county respectively, on the second Tuesday of October.
Sec. 4. No person shall be a representative who shall not have at-
tained 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
* " .Tournal of the Convention, of the Territory of the Ignited States Northwest
of the Ohio. Begun and held at Chillicothe, on Monday the First Day of Novem-
ber, A. D. 1802, and of the Independence of the United States the Twenty-
seventh, Published by authority, Columbus: George Nashee, State Printer.
1827." pp, 42.
"Annual Report of the Secretary of State to the Governor of the State of Ohio.
Including the Statistical Report to the General Assembly for he year 1876.
Columbus : Nevins & Myers, State I'rinters, 1877. pp. .35-74.
"This constitution was framed by a convention which assembled at Chilli-
cothe November 1, 1802, and completed its labors November 29, 1802. It was
not submitted to the people for ratification.
2902 Ohio— 1802
business of the United States or of this State, and shall have paid a
State or county tax.
Sec. 5. The senators shall be chosen biennially, by qualified voters
for representatives; and, on their being convened in consequence 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 vacated at the expiration of
the first year, and of the second class, at the expiration of the second
year; so that one-half thereof, as near as possible, may be annually
chosen forever thereafter.
Sec. 6. The numbers of senators shall, at the several periods of mak-
ing the enumeration before mentioned, be 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.
Sec. 7. No person shall be a senator Avho 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 immediately 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.
Sec. 8. 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 ad-
journments; tw^o-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.
Sec. 9. Each house shall keep a journal of its proceedings, and pub-
lish 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.
Sec. 10. Any two members of either house shall have liberty to dis-
sent from and protest against any act or resolution which they may
think injurious to the public or any individual, and have the reasons
of their dissent entered on the journals.
Sec. 11. Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the concur-
rence of two-thirds, expel a memlDer, but not a second time for the
same cause ; and shall have all other powers necessary for a branch of
the legislature of a free and independent State.
Sec. 12. When vacancies happen in either house, the governor, or
the person exercising the power of the governor, shall issue w^rits of
election to fill such vacancies.
Sec. 13. Senators and representatives shall, in all cases, except trea-
son, 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.
Sec. 14. 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 iii their
presence: Provided. Such imprisonment shall not, at any one time,
exceed twenty-four hours.
Ohio— 1802 . 2903
Sec. 15. The doors of each house, and of committees of the Avhole,
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.
Sec. 16. Bills may originate in either house, but may be altered,
amended, or rejected by the other.
Slc. 17. 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.
Sec. 18. The style of the laws of this State shall be, " Be it enacted
hy the general assembly of the State of Ohio^
Sec. 19. The legislature of this State shall not allow the following
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 dollars each ; the presidents of the courts
of common pleas not more than eight hundred dollars each ; the sec-
retary 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 his
attendance on the legislature, nor more for every twenty-five miles
he shall travel in going to and returning from the general assembly.
Sec. 20. 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.
Sec. 21. No money shall be drawn from the treasury but in conse-
quence of appropriations made by law.
Sec. 22. An accurate statement of the receipts and expenditures of
the public money shall be attached to and published with the laws
annually.
Sec. 23. 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 senators 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.
Sec. 24. 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 indictment, trial, judgment, and punishment,
according to law.
Sec. 25. The first session of the general assembly shall commence
on the first Tuesday of March next; and forever thereafter the gen-
eral 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.
2904 Ohio— 1802
8ec. 26. No judge of any court of law or equity, secretary of state,
attorney -general, register, clerk of any court of record, sheriff or col-
lector, member of either house of Congress, or person holding any
lucrative office under the United States or this State, (provided that
the 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 general assembly.
Sec. 27. No person shall be appointed to any 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 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.
Sec. 28. 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.
Article II
Section 1. The supreme executive power of this State shall be
vested in a governor.
Sec. 2. 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 that 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 high-
est 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 gen-
eral assembly in such manner as shall be prescribed by law.
Sec. 3. 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 3^ears next
preceding his election.
Sec. 4. He shall, from time to time, give to the general assembly
information of the state of the government, and recommend to their
consideration such measures as he shall deem expedient.
Sec. 5. He shall have the power to grant reprieves and pardons,
after conviction, except in cases of impeachment.
Sec. 6. 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.
Sec. T. He may require information, in w^riting, from the officers
in the executive department, upon any subject relating to the duties
Ohio— 1802 2905
of their respective offices, and shall take care that the laws be faith-
fully executed.
Sec. 8. When any officer, the right of whose appointment is by this
constitution, vested in the general assembly, shall, during the recess,
die, or his 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.
Sec. 9. 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.
Sec. 10. 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.
Sec. 11. In case of disagreement between the two houses, with re-
spect 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 annual meeting of the legis-
lature.
Sec. 12. 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 acquitted, or another gov-
ernor shall be duly qualified. In case of impeachment of the speaker
of the senate, or his death, removal from office, resignation, or absence
from the State, the speaker of the house of representatives shall suc-
ceed to the office, and exercise the duties thereof, until a governor
shall be elected and qualified.
Sec. 13. No member of Congress, or person holding any office under
the United States, or this State, shall execute the office of governor.
Sec. 14. 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."
Sec. 15. 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.
Sec. 16. A secretary of state shall be appointed by joint ballot of
the senate and house of representatives, who shall continue in office
three years, if he shall so long behave himself well : he shall keep a
fair register of the official acts and proceedingvS 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 assigned him by law.
Article III
Section 1. The judicial power of this State, both as to matters of
law and equity, shall be vested in a supreme court, in courts of com-
mon pleas for each county, in justices of the peace, and in such other
courts as the legislature may, from time to time, establish.
Sec. 2. 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
2906 • Ohio— 1802
may divide the State into two circuits, within which any two of the
judges may hold a court.
Sec. 3. The several courts of common pleas shall consist of a presi-
dent and associate judges. The State shall be divided by law into
three circuits ; there shall be appointed in ea-ch 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 re-
spective 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 construed to prevent
the legislature from increasing the number of circuits and presidents
after the term of five years.
Sec. 4. The judges of the supreme court, and courts of common
pleas, shall have complete criminal jurisdiction in such cases and in
such manner as may be pointed out by law.
Sec. 5. The court of common pleas in each county shall have juris-
diction of all probate and testamentary matters, granting administra-
tion, and the appointment of guardians, and such other cases as shall
be prescribed by law.
Sec. 6. The judges of the court of common pleas shall, Avithin their
respective counties, have the same powers with the judges of the
supreme court to issue writs of ccTtiorari 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.
Sec. T. The judges of the supreme court shall, by virtue of their
offices, be conservators of the peace throughout the State. The presi-
dents of the courts of common pleas shall, by virtue of their offices, be
conservators of the peace in their respective circuits, and the judges
of the court of common pleas shall, by virtue of their offices, be con-
servators of the peace in their respective counties.
Sec. 8. 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 assembly, and shall
hold their offices for the term of seven years, if so long they behave
well. The judges of the supreme court, 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 continuance 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.
Sec. 9. Each court shall appoint its own clerk, for the term of
seven years; but no person shall be appointed clerk, except fro
tempore^ who shall not produce to the court appointing him a certifi-
cate 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.
Sec. 10. 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.
Ohio— 1802 2907
Sec. 11. a competent number of justices of the peace shall be
elected by the qualified electors in each township in the several
counties, and shall continue in office three years, whose powers and
duties shall, from time to time, be regulated and defined by law.
Sec. 12. The style of all process shall be " The State of Ohio," 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
Section 1. In all elections, all white male inhabitants above the
age of twenty-one years, having resided in the State one year 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.
Sec. 2. All elections shall be by ballot.
Sec. 3. 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.
Sec. 4. 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.
Sec. 5. Nothing contained in this article shall be so construed as
to prevent white male persons, above the age of twenty-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
Section 1. Captains and subalterns in the militia shall be elected
by those persons in their respective company-districts subject to
military duty.
Sec. 2. Majors shall be elected by the captains and subalterns of
the battalion.
Sec. 3. Colonels shall be elected by the majors, captains, and sub-
alterns of the regiment.
Sec. 4. Brigadiers-general shall be elected by the commissioned
officers of their respective brigades.
Sec. 5. Majors-general and quartermasters-general shall be ap-
pointed by joint ballot of both houses of the legislature.
Sec. 6. The governor shall appoint the adjutants-general. The
majors-general shall appoint their aids and other staff officers; the
brigadiers-general shall appoint their brigade-majors and other
brigade-staff officers. The commanding officers of regiments shall
appoint their adjutants, quartermasters, and other regimental staff
officers; and the captains and subalterns shall appoint their non-
commissioned officers and musicians.
Sec. T. The captains and subalterns of the artillery and cavalry
shall be elected by the persons enrolled in their respective 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.
2908 Ohio— 1802
Article VI
Section 1. 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 behave 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.
Sec. 2. The State treasurer and auditor shall be triennially ap-
pointed by a joint bollot of both houses of the legislature.
Sec. 3. 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.
Sec. 4. 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
Section 1. Every person who shall be chosen or appointed to any
office of trust or profit under the authority of the State shall, before
the entering on the execution thereof, take an oath or affirmation to
support the Constitution of the United States and of this State, and
also an oath of office.
Sec. 2. Any elector who shall receive any gift or reward for his
vote, in meat, drink, money, or otherwise, shall suffer such punish-
ment 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.
Sec. 3. No new county shall be established by the general 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 suffrage and representation, shall be consid-
ered as a part of the county or counties from which it was taken, until
entitled by numbers to the right of representation.
Sec. 4. Chillicothe 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 nine, by the legislature
of this State, for the purpose of erecting public buildings for the
accommodation of the legislature.
Sec. 5. That, after the year one thousand eight hundred and six,
whenever two-thirds of the general assembly shall think it nesessary
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, voting 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 may
be in the general assembly, to be chosen in the same manner, at the
same places, and by the same electors that choose the general assembly,
^
Ohio— 1802 2909
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.
Sec. 6. That the limits and boundaries of this State be ascertained,
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, by
the line drawn due north from the mouth of the Great Miami afore-
said ; and on the north, by an east and west line, drawn through the
southerly extreme of Lake Michigan, 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 hy
this convention^ 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 extending 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, and by
the said territorial line to the Pennsylvania line.
Article VIII
That the general, great, and essential principles of liberty and free
government may be recognized, and forever unalterably established,
we declare —
Section 1. 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, acquiring, possessing,
and protecting property, and pursuing and obtaining happiness and
safety ; and every free republican government being founded on their
sole authority, and organized for the great purpose of protecting
their rights and 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.
Sec. 2. 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 the pretence or indenture or otherwise, unless such person shall
enter into such indenture while in a state of perfect freedom, and
on condition of a hona-fide consideration, received, or to be received,
for their service, except as before excepted. Nor shall any indenture
of any negro or mulatto, hereafter made and executed out of the
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.
2910 Ohio— 1802
Sec. 3. That all men have a natural and indefeasible right to wor-
ship Almighty God according to the dictates of their conscience;
that no human authority can, in any case whatever, control or inter-
fere with the rights of conscience ; that no man shall be compelled to
attend, erect, or support any place of worship, or to maintain any
ministry, against his consent; and that no preference shall ever be
given by law to any religious society or mode of worship, and no
religious test shall be required, as a qualifiation to anj^ 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.
Sec. 4. Private property ought and shall ever be held inviolate,
but always subservient to the public welfare; provided a compensa-
tion in money be made to the owner.
Sec. 5. That the people shall be secure in their persons, houses,
papers, and possessions, from all unwarrantable searches and sei-
zures; and that general warrants, whereby an officer may be com-
manded to search suspected places, without probable evidence of the
fact committed, or to seize any person or persons not named, whose
offences are not particularly described, and without oath or affirma-
tion, are dangerous to liberty, and shall not be granted.
Sec. 6. That the printing-presses shall be open and free to every
citizen who wishes to examine the proceedings of any branch of gov-
ernment, 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 publica-
tion respecting the official conduct of men in a public capacity, or
where the matter published is proper for public information, the
truth thereof may always be given in evidence; and in all indict-
ments 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.
Sec. T. That all courts shall be open, and every person, for an
injury done him in his lands, goods, person, or reputation, shall have
remedy by the due course of law, and right and justice administered
without denial or delay.
Sec. 8. That the right of trial by jury shall be inviolate.
Sec. 9. That no power suspending the laws shall be exercised, unless
by the legislature.
Sec. 10. That no person arrested or confined in jail shall be treated
with unnecessary ri^or, or be put to answer any criminal charge,
but by presentment, indictment, or impeachment.
Sec. 11. 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.
Sec. 12. That all persons shall be bailable by sufficient sureties,
unless for capital offences, where the proof is evident or the pre-
Ohio— 1802 2911
sumption 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.
Sec. 13. Excessive bail shall not be required, excessive fines shall
not be imposed, nor cruel and unusual punishments inflicted.
Sec. 14. All penalties shall be proportioned to the nature of the
offence. No wise legislature will affix the same punishment to the
crimes of theft, forgery, and the like, which they do to those of
murder and treason. When the same undistinguished severity is
exerted against all offences, the people are led to forget the real dis-
tinction in the crimes themselves, and to commit the most flagrant
with as little compunction as they do the slightest offences. For the
same reasons, a multitude of sanguinary laws are both impolitic and
unjust; the true design of all punishments being to reform, not to
exterminate, mankind.
Sec. 15. The person of a debtor, where there is not strong presump-
tion of fraud, shall not be continued in prison after delivering up his
estate for the benefit of his creditor or creditors, in such manner as
shall be prescribed by law.
Sec. 16. No ex post facto law, nor any law impairing the validity
of contracts shall ever be made; and no conviction shall work cor-
ruption of blood, or forfeiture of estate.
Sec. 17. That no person shall be liable to be transported out of this
State for any offence committed within the State.
Sec. 18. That a frequent recurrence to the fundamental principles
of civil government is absolutely necessary to preserve the blessings
of liberty.
Sec. 19. That the people have a right to assemble together in a
peaceable manner to consult for their common good, to instruct
their representatives, and to apply to the legislature for redress of
grievances.
Sec. 20. 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 subordination to the civil power.
Sec. 21. That no person in this State, except such as are employed
in the Army or Navy of the United States, or militia in actual serv-
ice, shall be subject to corporeal punishment under the military law.
Sec. 22. That no soldier, in time of peace, be quartered in any* house
without the consent of the owner, nor in time of war, but in the
manner prescribed by law.
Sec. 23. That the levying taxes by the poll is grievous and oppres-
sive ; therefore, the legislature shall never levy a poll-tax for county
or State purposes.
Sec. 24. That no hereditary emoluments, privileges, or honors shall
ever be granted or conferred by this State.
Sec. 25. 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, academies, colleges, and universities
within this State, which are endowed, in whole or in part, from the
revenues 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 shallbe open for the reception of scholars,
students, and teachers of every grade, without any distinction or
2912 Ohio— 1802
preference whatever, contrary to the intent for which the said dona-
tions were made.
Sec. 26. The 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 hereafter 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.
Sec. 27. That every association of persons, when regularly formed
within this State, and having given themselves a name, may, on
application to the legislature, be entitled to receive letters of incor-
poration to enable them to hold estates, real and personal, for the
support of their schools, academies, colleges, universities, and for
other purposes.
Sec. 28. To guard against the transgressions of the high powers
which we have delegated, we declare that all powers not hereby dele-
gated remain with the people.
Schedule
Section 1. That no evils or inconveniences may arise from the
change of a territorial government to a permanent State government,
it is declared by this convention, that all rights, suits, actions, prose-
cutions, claims, and contracts, both as it respects individuals and
bodies-corporate, shall continue as if no change had taken place in
this government.
Sec. 2. All fines, penalties, and forfeitures, due and owing to the
territory of the United States northwest of the river Ohio, shall inure
to the use of the State. All bonds executed to the governor, or any
other officer in his official capacity in the Territor3\ shall pass over
to 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 concerned, as the case may be.
Sec. 3. 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 this constitution.
Sec. 4. All laws and parts of laws now in force in this Territory,
not inconsistent with this constitution, shall continue and remain in
full effect until repealed by the legislature, except so much of the
act entitled "An act regulating the admission and practice of attor-
neys 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 within the Territory, and the term of time which
he shall have practised as an attorney at law, before he can be ad-
mitted to the degree of a counsellor at law.
Sec. 5. The governor of the State shall make use of his private seal
until a State seal be procured.
Sec. 6. The president of the convention shall issue writs of elec-
tion to the sheriffs of the several counties, requiring them to proceed
to the election of a governor, members of the general assembly, sher-
iffs, and coroners, at the respective election-districts in each county,
on the second Tuesday of January next, which elections shall be
Ohio— 1851 2913
conducted in the manneii prescribed 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.
Sec. T. Until the first enumeration shall be made, as directed in the
second section of the first article of this constitution, 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 P^air-
field, 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; and the county of Trumbull, one senator
and two representatives.
Done in convention, at Chillicothe, on the twenty-ninth day of No-
vember, 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, Presidervt.
Attest :
Thomas Scott, Secretary.
CONSTITUTION OF OHIO— 1851 * «
We the people of the State of Ohio, grateful to Almighty God for
our freedom, to secure its blessings and promote our common welfare,
do establish this constitution.
Article I
BILL OF rights
Section 1. All men are, by nature, free and independent, and have
certain inalienable rights, amon^ which are those of enjoying and
defending life and liberty, acquiring, possessing, and protecting prop-
erty, and seeking and obtaining happiness and safety.
Sec. 2. All political power is inherent in the people. Government
is instituted for their equal protection and benefit, and they have the
right to alter, reform, or abolish the same, whenever they may deem
it necessary; and no special privileges or immunities shall ever be
granted, that may not be altered, revoked, or repealed by the General
Assembly.
Sec. 3. The people have the right to assemble together, in a peace--
able manner, to consult for their common good ; to instruct their rep-
resentatives; and to petition the General Assembly for the redress
of grievances.
* The Manual of Legislative Practice in the 77th General Assembly of the State '
of Ohio, 1906-1908. pp. 137-181.
oDone in Convention at Cincinnati, March 10, 1851. As amended and in
force January, 1906. See Appendix.
2914 Ohio— 1851
Sec. 4. The people have the right to boiir arms for their defense
and security ; but standing armies, in time of peace, are dangerous to
liberty, and shall not be kept up ; and the military shall be in strict
subordination to the civil power.
Sec. 5. The right of trial by jury shall be inviolate.
Sec. 6. There shall be no slavery in this state; nor involuntary
servitude, unless for the punishment of crime.
Sec. T. All men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own conscience. No
person shall be compelled to attend, erect, or support any place of
worship, or maintain any form of worship, against his consent; and
no preference shall be given, by law, to any religious society; nor
shall any interference with the rights of conscience be permitted. No
religious test shall be required, as a qualification for office, nor shall
any person be incompetent to be a witness on account of his religious
belief; but nothing herein shall be construed to dispense with oaths
and affirmations. Religion, morality, and knowledge, however, being
essential to good government, it shall be the duty of the General As-
sembly to pass suitable laws to protect every religious denomination
in the peaceable enjoyment of its own mode of public worship, and to
encourage schools, and the means of instruction.
Sec. 8. The privilege of the writ of habeas corpus shall not be sus-
pended unless, in cases of rebellion or invasion, the public safety
require it.
Sec. 9. All persons shall be bailable by sufficient sureties, except for
capital offenses where the proof is evident, or the presumption great.
Excessive bail shall not be required ; nor excessive fines imposed ; nor
cruel and unusual punishment inflicted.
Sec. 10. Except in cases of impeachment, and cases arising in the
army and navy, or in the militia when in actual service in time of war
or public danger, and in cases of petit larceny and other inferior
offenses, no person shall be held to answer for a capital, or otherwise
infamous crime, unless on presentment, or indictment of a grand jury.
In any trial, in any court, the party accused shall be allowed to
appear and defend in person, and with 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, and to have compulsory process to
procure the attendance of witnesses in his behalf, and a speedy public
trial by an impartial jury of the county or district, in which the
offense is alleged to have been committed; nor shall any person be
compelled, in any criminal case, to be a witness against himself, or be
twice put in jeopardy for the same offense.
Sec. 11. Every citizen may freely speak, write, and publish his
sentiments on all subjects, being responsible for the abuse of the
right ; and no law shall be passed to restrain or abridge the liberty of
speech, or of the press. In all criminal prosecutions for libel the
truth may be given in evidence to the jury, and if it shall appear to
the jury, that the matter as charged as libelous is true, and was pub-
lished with good motives, and for justifiable ends, the party shall be
acquitted.
Sec. 12. No person shall be transported out of the state, for any
offense committed within the same; and no conviction shall work
corruption of blood, or forfeiture of estate.
Ohio— 1851 2915
Sec. 13. No soldier shall, in time of peace, be quartered in any
house, without the consent of the owner ; nor, in time of war, except
in the manner j)rescribed by law.
Sec. 14. The right of the people to be secure in their persons,
houses, papers, and possessions, against unreasonable searches and
seizures shall not be violated; and no warrant shall issue, but upon
probable cause, supported by oath or affirmation, particularly describ-
ing the place to be searched and the person and things to be seized.
Sec. 15. No person shall be imprisoned for debt in any civil action,
on mesne or final process, unless in cases of fraud.
Sec. 16. All courts shall be open, and every person, for an injury
done him in his land, goods, person, or reputation, shall have remedy
by due course of law; and justice administered without denial or
delay.
Sec. 17. No hereditary emoluments, honors, or privileges, shall
ever be granted or conferred by this state.
Sec. 18. No power of suspending laws shall ever be exercised,
except by the General Assembly.
Sec. 19. Private property shall ever be held inviolate, but subservi-
ent to the public welfare. When taken in time of war, or other public
exigency, imperatively requiring its immediate seizure or for the
purpose of making or repairing roads, which shall be open to the
public, without charge, a compensation shall be made to the owner,
in money, and in all other cases, where private property shall be
taken for public use, a compensation therefor shall first te made in
money, or first secured by a deposit of money ; and such compensation
shall be assessed by a ]ury, without deduction for benefits to any
property of the owner.
Sec. 20. This enumeration of rights shall not be construed to
impair or deny others retained by the people; and all powers, not
herein delegated, remain with the people.
Article II
LEGISLATIVE
Section 1. The legislative power of this state shall be vested in a
General Assembly, which shall consist of a Senate, and House of
Representatives.
Sec. 2. Senators and representatives shall be elected biennially by
the electors of the respective counties or districts, on the first Tues-
day after the first Monday in November; their term of office shall
commence on the first day of January next thereafter, and continue
two years. [As amended October 13, 1885. See Appendix.]
Sec. 3. Senators and representatives shall have resided in their
respective counties, or districts, one year next preceding their elec-
tion, unless they shall have been absent on the public business of the
United States, or of this state.
Sec. 4. No person holding office under the authority of the United
States, or any lucrative office under the authority of this state, shall
be eligible to, or have a seat in, the General Assembly; but this pro-
vision shall not extend to township officers, justices of the peace,
notaries public, or officers of the militia.
7254— VOL 5—09 25
2916 Ohio— 1851
Sec. 5. No person hereafter convicted of an embezzlement of the
public funds, shall hold any office in this state ; nor shall any person,
holding public money for disbursement, or otherwise, have a seat in
the General Assembly, until he shall have accounted for, and paid
such money into the treasury.
Sec. 6. Each house shall be judge of the election, returns, and
qualifications of its own members; a majority of all the members
elected to each house shall be a quorum to do business ; but a less num-
ber may adjourn from day to day, and compel the attendance of
absent members, in such manner, and under such penalties, as shall
be prescribed by law.
Sec. 7. The mode of organizing the house of representatives, at the
commencement of each regular session, shall be prescribed by law.
Sec. 8. Each house, except as otherwise provided in this constitu-
tion, shall choose its own officers, may determine its own rules of pro-
ceeding, punish its members for disorderly conduct; and, with the
concurrence of two-thirds, expel a member, but not the second time
for the same cause; and shall have all other powers, necessary to
provide for its safety, and the undisturbed transaction of its business.
Sec. 9. Each house shall keep a correct journal of its proceedings,
which shall be published. At the desire of any two members, the
yeas and nays shall be entered upon the journal ; and, on the passage
of every bill, in either house, the vote shall be taken by yeas and nays,
and entered upon the journal; and no law shall be passed in either
house without the concurrence of a majority of all the members
elected thereto.
Sec. 10. Any member of either house shall have the right to pro-
test against any act, or resolution thereof ; and such protest, and the
reasons therefor, shall, without alteration, commitment, or delay, be
entered upon the journal.
Sec. 11. All vacancies which may happen in either house shall, for
the unexpired term, be filled by election, as shall be directed by laAV.
Sec. 12. Senators and Representatives, during the session of the
General Assembly, and in going to and returning from the same,
shall be privileged from arrest, in all cases, except treason, felony, or
breach of the peace; and for any speech, or debate, in either house,
they shall not be questioned elsewhere.
Sec. 13. The proceedings of both houses shall be public, except in
cases which, in the opinion of two-thirds of those present, require
secrecy.
Sec. 14. Neither house shall, without the consent of the other, ad-
journ for more than two days, Sundays excluded ; nor to any other
place than that, in which the two houses shall be in session.
Sec. 15. Bills may originate in either house; but may be altered,
amended, or rejected in the other.
Sec. 16. Every bill shall be fully and distinctly read three different
days, unless in case of urgency three-fourths of the house in which it
shall be pending, shall dispense with this rule. No bill shall con-
tain more than one subject, which shall be clearly expressed in its title,
and no law shall be revived, or amended, unless the new act contain
the entire act revived, or the section or sections amended, and the sec-
tion, of" sections, so amended, shall be repealed.
Every bill passed by both houses of the General Assembly shall,
before said bill can become law, be presented to the governor." If he
Ohio— 1851 2917
approves he shall sign said bill and thereupon said bill shall be law.
If he object he shall not sign and shall return said bill, together with
his objection thereto in writing, to the house wherein said bill origi-
nated, which house shall enter at large upon its journal said objec-
tion and shall proceed to reconsider said bill. If, after said recon-
sideration, at least two-thirds of the members-elect of that house vote
to repass said bill it shall be sent, together with said objection, to the
other house, which shall enter at large upon its journal said objection
and shall proceed to reconsider said bill. If, after said reconsidera^
tion, at least two-thirds of the members-elect of that house vote to
pass said bill it shall be law, otherwise it shall not be law. The votes
for the repassage of said bill shall in each house respectively be no less
than those given on the original passage. If any bill passed by both
houses of the General Assembly and presented to the governor is not
signed and is not returned to the house wherein it originated and
within ten days after being so presented, exclusive of Sunday and the
day said bill was presented, said bill shall be law as in like manner
as if signed, unless final adjournment of the General Assembly pre-
vents such return, in which case shall be law, unless objected to by the
Governor and filed, together with his objection thereto in writing, by
him in the office of the Secretary of State within the prescribed ten
days ; and the Secretary of State shall at once make public said fact
and shall return said bill, together with said objection, upon the open-
ing of the next following session of the General Assembly, to the
house wherein said bill originated, where it shall be treated in like
manner as if returned within the prescribed ten days.
If any bill passed by both houses of the General Assembly and pre-
sented to the Governor contains two or more sections, or two or more
items of appropriation of money, he may object to one or more of
said sections or to one or more of said items of appropriation of
money, and approve the other portion of said bill, in which case
said approved portion may be signed and then shall be law ; and such
section or sections, item or items of appropriation of money objected
to shall be returned within the time and in the manner prescribed
for, and shall be separately reconsidered as in the case of, a whole
bill ; but if final adjournment of the General Assembly prevents such
return the Governor shall file said section or sections, item or items
of appropriation of money, together with his objection thereto in
writing, with the Secretary of State as in the case of a whole bill,
and the Secretary of State shall then make public said fact but shall
not further act as in the case of a whole bill. [As amended Novem-
ber, 1903. See Appendix.]
Sec. 17. The presiding officer of each house shall sign, publiclj in
the presence of the house over which he presides, while the same is in
session, and capable of transacting business all bills and joint resolu-
tions passed by the General Assembly.
Sec. 18. The style of the laws of this state shall be, ^'Be it enacted
hy the General Assembly of the State of Ohioy
SeC. 19. No Senator or Representative shall, during the term for
which he shall have been elected, or for one year thereafter, be ap-
pointed to any civil office under this state, which shall be created or
the emoluments of which shall have been increased, during the term
for which he shall have been elected.
2918 Ohio— 1851
Sec. 20. The General Assembly, in cases not provided for in this
constitution, shall fix the term of office and the compensation of all
officers; but no change therein shall affect the salary of any officer
during his existing term, unless the office be abolished.
Sec. 21. The General Assembly shall determine, by law, before
what authority, and in what manner, the trial of contested elections
shall be conducted.
Sec. 22. No money shall be drawn from the treasury, except in
pursuance of a specific appropriation, made by law; and no appro-
priation shall be made for a longer period than two years.
Sec. 2e3. The House of Representatives shall have the sole power of
impeachment, but a majority of the members elected must concur
therein. Impeachments shall be tried by the Senate; and the sen-
ators, when sitting for that purpose, shall be upon oath or affirmation
to do justice according to law and evidence. No person shall be con-
victed without the concurrence of two-thirds of the senators.
Sec. 24. The governor, judges, and all state officers, may be im-
peached for any misdemeanor m office ; but judgment shall not extend
further than the removal from office, and disqualification to hold any
office, under the authority of this state. The party impeached,
whether convicted or not, shall be liable to indictment, trial, and
judgment, according to law.
Sec. 25. All regular sessions of the General Assembly shall com-
mence on the first Monday of January, biennially. The first session,
under this constitution, shall commence on the first Monday of Janu-
ary, one thousand eight hundred and fifty-two.
Sec. 26. All laws, of a general nature, shall have a uniform opera-
tion throughout the state; nor, shall any act, except such as relates
to public schools, be passed, to take effect upon the approval of any
other authority than the General Assembly, except, as otherwise pro-
vided in this constitution.
Sec. 27. The election and appointment of all officers, and the filling
of all vacancies, not otherwise provided for by this constitution, or
the constitution of the United States, shall be made in such manner
as may be directed by law ; but no appointing power shall be exercised
by the General Assembly, except as prescribed in this constitution,
and in the election of the United States senators; and in these cases
the vote shall be taken " viva voce.''''
Sec. 28. The General Assembly shall have no powder to pass retro-
active laws, or laws impairing the obligation of contracts; but may,
by general laws, authorize courts to carry into effect, upon such terms
as shall be just and equitable, the manifest intention of parties, and
officers, by curing omissions, defects, and errors, in instruments and
proceedings, arising out of their want of conformity with the laws of
this state.
Sec. 29. No extra compensation shall be made to any officer, public
agent, or contractor, after the service shall have been rendered, or the
contract entered into; nor shall any money be paid, on any claim, the
subject matter of which shall not have been provided for by pre-exist-
ing law, unless such compensation, or claim, be allowed by two-thirds
of the members elected to each branch of the General Assembly.
Sec. 30. No new county shall contain less than four hundred square
miles of territory, nor shall any county be reduced below that amount ;
and all laws creating new counties, changing county lines, or remov-
Ohio—lSSl 2919
ing county seats, shall, before taking effect, be submitted to the
electors of the several counties to be affected thereby, at the next
general election after the passage thereof, and be adopted by a
majority of all the electors voting at such election, in each of said
counties; but any county now or hereafter containing one hundred
thousand inhabitants, may be divided, whenever a majority of the
voters residing in each of the proposed divisions shall approve of the
law passed for that purpose; but no town or city within the same
shall be divided, nor shall either of the divisions contain Jess than
twenty thousand inhabitants.
Sec. 31. The members and officers of the General Assembly shall
receive a fixed compensation, to be prescribed by law, and no other
allowance or perquisites, either in the payment of postage or other-
wise; and no change in their compensation shall take effect during
their term of office.
Sec. 32. The General Assembly shall grant no divorce, nor exercise
any judicial power not herein expressly conferred.
Article III
EXECUTIVE
Section 1. The executive department shall consist of a governor,
lieutenant governor, secretary of state, auditor of state, treasurer of
state, and an attorney -general, who shall be elected on the first Tues-
day after the first Monday in November^ by the electors of the state,
and at the places of voting for members of the General Assembly.
[As amended October 13, 1885. See Appendix.]
Sec. 2. The governor, lieutenant governor, secretary of state, treas-
urer, and attorney-general shall hold their offices for two years ; and
the auditor for four years. Their terms of office shall commence on
the second Monday of January next after their election, and continue
until their successors are elected and qualified.
Sec. 3. The returns for every election for the officers named in the
foregoing election shall be sealed up and transmitted to the seat of
government, by the returning officers, directed to the president of the
senate, who, during the first week of the session, shall open and pub-
lish them, and declare the result, 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 declared duly elected ; but if any
two or more shall be highest, and equal in votes, for the same office,
one of them shall be chosen by the joint vote of both houses.
Sec. 4. Should there be no session of the General Assembly in Jan-
uary next after an election for any of the officers aforesaid, the re-
turns of such election shall be made to the secretary of state, and
opened, and the result declared by the governor, in such manner as
may be provided by law.
Sec 5. The supreme executive power of this state shall be vested
in the governor.
Sec. 6. He may require information, in writing, from the officers
in the executive department, upon any subject relating to the duties
of their respective offices; and shall see that the laws are faithfully
executed.
2920 Ohio— 1851
Sec. 7. He shall communicate at every session, by message, to the
General Assembly, the condition of the state, and recommend such
measures as he shall deem expedient.
Sec. 8. He may, on extraordinary occasions, convene the General
Assembly by proclamation, and shall state to both houses, when
assembled, the purpose for which they have been convened.
Sec. 9. In case of a disagreement between the two houses, in re-
spect to the time of adjournment, he shall have power to adjourn the
General Assembly to such time as he may think proper, but not
beyond the regular meetings thereof.
Sec. 10. He shall be commander-in-chief of the military and naval
forces of the state, except when they shall be called into the service of
the United States.
Sec. 11. He shall have power, after conviction, to grant reprieves,
commutations, and pardons, for all crimes and offenses, except treason
and cases of impeachment, upon such conditions as he may think
proper; subject, however, to such regulations, as to the manner of
applying pardons, as may be prescribed by law. Upon conviction for
treason, he may suspend the execution of the sentence, and report the
case to the General Assembly, at its next meeting, when the General
Assembly shall either pardon, commute the sentence, direct its exe-
cution, or grant a further reprieve. He shall communicate to the
General Assembly, at every regular session each case of reprieve,
commutation, or pardon granted, stating the name and crime of con-
vict, the sentence, its date, and the date of the commutation, pardon,
or reprieve, Avith his reason therefor.
Sec. 12. There shall be a seal of the 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.']
Sec. 13. All grants and commissions shall be issued in the name,
and by the authority, of the state of Ohio ; sealed with the great seal ;
signed by the governor, and countersigned by the secretary of state.
Sec. 14. No member of Congress, or other person holding office
under the authority of this state, or of the United States, shall exe-
cute the office of governor, except as herein provided.
Sec. 15. In case of the death, impeachment, resignation, removal, or
other disability of the governor, the powders and duties of the office, for
the residue of the term, or until he shall be acquitted, or the disability
I'emoved, shall devolve upon the lieutenant governor.
Sec. 16. The lieutenant governor shall be president of the senate,
but shall vote onl}^ when the senate is equally divided; and in case
of his absence, or impeachment, or when he shall exercise the office of
governor, the senate shall choose a president pro tempore.
Sec. it. If the lieutenant governor, while executing the office of
governor, shall be impeached, displaced, resign or die, or otherwise
become incapable of performing the duties of the office, the president
of the senate shall act as governor until the vacancy is filled, or the
disability removed ; and if the president of the senate, for any of
the above causes, shall be rendered incapable of performing the duties
pertaining to the office of governor, the same shall devolve upon the
speat;er oi the house of representatives.
Sec. 18. Should the office of auditor, treasurer, secretary, or attor-
ney-general, become vacant, for any of the causes specified in the fif-
teenth section of this article, the governor shall fill the vacancy until
Ohio— 1851 2921
the disability is removed, or a successor elected and qualified. Every
such vacancy shall be filled by election, at the first general election
that occurs more than thirty days after it shall have happened ; and
the person chosen shall hold the office for the full term fixed in the
second section of this article.
Sec. 19. The officers mentioned in this article shall, at stated times,
receive for their services, a compensation to be established by law,
which shall neither be increased nor diminished during the period
for which they shall have been elected.
Sec. 20. The officers of the executive department, and of the public
state institutions shall, at least five days preceding each regular ses-
sion of the General Assembly, severally report to the governor, who
shall transmit such reports with his message, to the General Assembly.
Article IV
JUDICIAL
Section 1. The judicial power of the state is vested in a supreme
court, circuit courts, courts of common pleas, courts of probate, justices
of the peace, and such other courts inferior to the supreme court, as the
General Assembly may from time to time establish. [As amended
October 9, 1883. See Appendix.]
Sec. 2. The supreme court shall, until otherwise provided by law,
consist of five judges, a majority of whom competent to sit shall be
necessary to form a quorum or to pronounce a decision, except as
hereinafter provided. It shall have original jurisdiction in quo Avar-
ranto, mandamus, habeas corpus and procedendo, and such appellate
jurisdiction as may be provided by law. It shall hold at least one
term in each year at the seat of government, and such other terms,
there or elsewhere, as may be provided by law. The judges of the
supreme court shall be elected by the electors of the state at large, for
such term, not less than five years, as the General Assembly may
prescribe, and they shall be elected and their official term shall begin
at such time as may be fixed by law. In case the General Assembly
shall increase the number of such judges, the first term of each of
such additional judges shall be such, that in each year after their first
election, an equal number of judges of the supreme court shall be
elected, except in elections to fill vacancies; and whenever the number
of such judges shall be increased, the General Assembly may authorize
such court to organize divisions thereof, not exceeding three, each
division to consist of an equal number of judges; for the adjudication
of cases, a majority of each division shall constitute a quorum, and
such an assignment of the cases to each division maybe made as such
court may deem expedient, but whenever all the judges of either divi-
sion hearmg a case shall not concur as to the judgment to be rendered,
therein, or whenever a case shall involve the constitutionality of an
act of the General Assembly or of an act of congress, it shall be
reserved to the whole court for adjudication. The judges of the
supreme court in office when this amendment takes effect, shall con-
tinue to hold their offices until their successors are elected and
qualified. [As amended October 9, 1883. See Appendix.]
Sec. 3. The state shall be divided into nine common pleas districts,
of which the county of Hamilton shall constitute one, of compact ter-
ritory, and bounded by county lines; and each of said districts, con-
2922 Ohio— 1851
sisting of three or more counties, shall be subdivided into three parts,
of compact territory, bounded by county lines, and as nearly equal in
population as practicable; in each of Avhich, one judge of the court of
common jDleas for said district, and residing therein, shall be elected
by the electors of said subdivision. Courts of common pleas shall
be held, by one or more of these judges, in every county in the district,
as often as may be provided by law; and more than one court, or
sitting thereof, may be held at the same time in each district.
Sec. 4. The jurisdiction of the courts of common pleas, and of the
judges thereof, shall be fixed by law.
Sec. 5. [Repealed October 9," 1883.]
Sec. 6. The circuit court shall have like original jurisdiction with
the supreme court, and such appellate jurisdiction as may be pro-
vided by law. Such courts shall be composed of such number of
judges as may be provided by law, and shall be held in each county,
at least once in each year. The number of circuits, and the bounda-
ries thereof, shall be prescribed by law. Such judges shall be elected
in each circuit by the electors thereof, and at such time and for such
term as may be prescribed by law, and the same number shall be
elected in each circuit. Each judge shall be competent to exercise
his judicial powers in any circuit. The General Assembly may
change, from time to time, the number or boundaries of the circuits.
The circuit courts shall be the successors of the district courts, and
all cases, judgments, records, and proceedings pending in said dis-
trict courts, in the several counties of any district, shall be trans-
ferred to the circuit courts in the several counties, and be proceeded
in as though said district courts had not been abolished, and the dis-
trict courts shall continue in existence until the election and qualifica-
tion of the judges of the circuit court. [As amended October 9,
1883. See Appendix.]
Sec. 7. There shall be established in each county, a probate court,
which shall be a court of record, open at all times, and holden by one
judge, elected by the voters of the county, who shall hold his office for
the term of three years, and shall receive such compensation, payable
out of the county treasury, or by fees, or both, as shall be provided by
law.
Sec. 8. The probate court shall have jurisdiction in probate and
testamentary matters, the appointment of administrators and guar-
dians, the settlement of the accounts of executors, administrators, and
guardians, and such jurisdiction in habeas corpus, the issuing of mar-
riage licenses, and for the sale of land by executors, administrators,
and guardians, and such other jurisdiction, in any county or counties,
as may be provided by law.
Sec. 9. A competent number of justices of the peace shall be elected,
by the electors, in each township in the several counties. Their term
of office shall be three years, and their powers and duties shall be
regulated by law.
Sec. 10. All judges, other than those provided for in this constitu-
tion, shall be elected, by the electors of the judicial district for which
they may be created, but not for a longer term of office than five vears.
Sec. 11. [Repealed October 9, 1883. See Appendix.]
Sec 12. The judges of the courts of common pleas shall, while in
office, reside in the district for which they are elected; and their
term of office shall be for five years.
Ohio— 1851 2923
Sec. 13. In case the office of any judge shall become vacant, before
the expiration of the regular term for which he was elected, the
vacancy shall be filled by appointment by the governor, until a suc-
cessor is elected and qualified ; and such successor shall be elected for
the unexpired term, at the first annual election that occurs more than
thirty days after the vacancy shall have happened.
Sec. 14. The judges of the supreme court, and of the court of com-
mon pleas, shall, at stated times, receive, for their services, such com-
pensation as may be provided by law, which shall not be diminished,
or increased, during their term of office ; but they shall receive no fees
or perquisites, nor hold ony other office of profit or trust, under the
authority of this state, or the United States. All votes for either
of them, for any elective office, except a judicial office, under the
authority of this state, given by the General Assembly, or the people,
shall be void.
Sec. 15. The General Assembly may increase, or diminish, the num-
ber of the judges of the supreme court, the number of the districts of
the court of common pleas, the number of judges in any district,
change the districts, or the subdivisions thereof, or establish other
courts, whenever two-thirds of the members elected to each house
shall concur therein; but no such change, addition, or diminution,
shall vacate the office of any judge.
Sec. 16. There shall be elected in each county, by the electors there-
of, one clerk of the court of common pleas, wdio shall hold his office for
the term of three years, and until his successor shall be elected and
qualified. He shall, by virtue of his office, be clerk of all other courts
of record held therein; but, the General Assembly may provide, by
law, for the election of a clerk, with a like term of office, for each or
any other of the courts of record, and may authorize the judge of the
probate court to perform the duties of clerk for his court, under such
regulations as may be directed by law. Clerks of courts shall be
removable for such cause and in such manner as shall be prescribed
by law.
Sec. 17. Judges may be removed from office, by concurrent resolu-
tions of both houses of the General Assembly, if two-thirds of the
members, elected to each house, concur therein ; but, no such removal
shall be made, except upon complaint, the substance of which shall
be entered on the journal, nor, until the party charged shall have had
notice thereof, and an opportunity to be heard.
Sec. 18. The several judges of the supreme court, of the common
pleas, and of such other courts as'may be created, shall, respectively,
have and exercise such power and jurisdiction, at chambers, or other-
wise, as may be directed by law.
Sec. 19. The General Assembly may establish courts of conciliation,
and prescribe their powers and duties ; but such courts shall not ren-
der final judgment in any case, exce^^t upon submission, by the parties,
of the matter in dispute, and their agreement to abide such judgment.
Sec. 20. The style of all process shall be, "The State of Ohio;"
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 State of Ohio."
Sec. 22. (21) A commission, which shall consist of five members,
shall be appointed by the governor, with the advice and consent of the
Senate, the members of which shall hold office for the term of three
2924 Ohio— 1851
years from and after the first day of February, 1876, to dispose of
such part of the business then on the dockets of the supreme court, as
shall, by arrangement between said commission and said court, be
transferred to such commission ; and said commission shall have like
jurisdiction and power in respect to such business as are or may be
vested in said court; and the members of said commission shall
receive a like compensation for the time being with the judges of
said court. A majority of the members of said commission shall be
necessary to form a quorum or pronounce a decision, and its decision
shall be certified, entered, and enforced as the judgments of the
supreme court, and at the expiration of the term of said commission,
all business undisposed of, shall by it be certified to the supreme
court and disposed of as if said commission had never existed. The
clerk and reporter of said court shall be the clerk and reporter of
said commission, and the commission shall have such other attendants
not exceeding in number those provided by law for said court, wdiich
attendants said commission may appoint and remove at its pleasure.
Any vacancy occurring in said commission, shall be filled by appoint-
nient of the governor, with the advice and consent of the senate, if
the senate be in session, and if the senate be not in session, by the
governor, but in such last case, such appointment shall expire at the
end of the next session of the General Assembly. The General As-
sembly may, on application of the supreme court duly entered on the
journal of the court and certified, provide by law, whenever two-
thirds of such [each] house shall concur therein, from time to time,
for the appointment, in like manner, of a like commission w^ith like
powers, jurisdiction and duties; provided, that the term of any such
commission shall not exceed two years, nor shall it be created oftener
than once in ten years. [Amended October 12, 1875. See Appendix.]
Article V
ELECTIVE FRANCHISE
Section 1. Every white male citizen of the United States, of the
age of twenty-one years, who shall have been a resident of the state
one year next preceding the election, and of the county, tow^nship, or
ward, in which he resides, such time as may be provided by law,
shall have the qualifications of an elector, and be entitled to vote at
all elections.
Sec. 2. All elections shall be by ballot.
Sec. 3. Electors, during their attendance at elections, and in going
to, and returning therefrom, shall be privileged from arrest, in all
cases, except treason, felony, and breach of the peace.
Sec. 4. The General Assembly shall have power to exclude from
the privilege of voting, or of being eligible to office, any person con-
victed of bribery, perjury, or other infamous crime.
Sec. 5. No person in the military, naval, or marine service of the
United States, shall, by being stationed in any garrison, or military,
or naval station, within the state, be considered a resident of this
state.
Sec' 6. No idiot, or insane person, shall be entitled to the privileges
of an elector.
Ohio— 1851 2925
Article VI
EDUCATION
Section 1. The principal of all funds, arising from the sale, or
other disposition of lands, or other property, granted or entrusted
to this state for educational or religious purposes, shall forever be
preserved inviolate, and undiminished ; and, the income arising there-
from, shall be faithfully applied to the specific objects of the original
grants, or appropriations.
Sec. 2. The General Assembly shall make such provisions, by taxa-
tion, or otherwise, as, with the income arising from the school trust
fund, will secure a thorough and efficient system of common schools
throughout the state ; but no religious or other sect, or sects, shall ever
have any exclusive right to, oj' control of, any part of the school
funds of this state.
Article VII
public institutions
Section 1. Institutions for the benefit of the insane, blind, and
deaf and dumb, shall always be fostered and supported by the state ;
and be subject to such regulations as may be prescribed by the General
Assembly.
Sec. 2. The directors of the penitentiary shall be appointed or
elected in such manner as the General Assembly may direct ; and the
trustees of the benevolent, and other state institutions, now elected
by the General Assembly, and of such other state institutions, as may
be hereafter created, shall be appointed by the governor, by and with
the advice and consent of the senate ; and upon all nominations made
by the governor, the question shall be taken by yeas and nays, and
entered upon the journals of the senate.
Sec. 3. The governor shall have power to fill all vacancies that
may occur in the offices aforesaid, until the next session of the General
Assembly, and, until a successor to his appointee shall be confirmed
and qualified.
Article VIII
PUBLIC debt and public w^orks
Section 1. The state may contract debts to supply casual deficits
or failures in revenues, or to meet expenses not otherwise provided
for; but the aggregate amount of such debts, direct or contingent,
whether contracted by virtue of one or more acts of the General As-
sembly, or at different periods of time, shall never exceed seven hun-
dred and fifty thousand dollars; and the money, arising from the
creation of such debts, shall be applied to the purpose for which it was
obtained, or to repay the debts so contracted, and to no other purpose
whatever.
Sec. 2. In addition to the above limited power, the state may con-
tract debts to repel invasion, suppress insurrection, defend the state
in war, or to redeem the present outstanding , indebtedness of the
state; but the money, arising from the contracting of such debts,
shall be applied to the purpose for which it was raised, or to repay
2926 Ohio— 1851
such debts, and to no other purpose whatever ; and all debts, incurred
to redeem the present outstanding indebtedness of the state, shall be
so contracted as to be payable by the sinking fund, hereinafter pro-
vided for, as the same shall accumulate.
Sec. 3. Except the debts above specified in sections one and two of
this article, no debt whatever shall hereafter be created by or on
behalf of i\iQ state.
Sec. 4. The credit of the state shall not, in any manner be given or
loaned to, or in aid of, any individual association or corporation
whatever; nor shall the state ever hereafter become a joint owner, or
stockholder, in any company or association in this state, or elsewhere,
formed for any purpose whatever.
Sec. 5. The state shall never assume the debts of any county, city,
town, or township, or of any corporation whatever, unless such debt
shall have been created to repel invasion, suppress insurrection, or
defend the state in war.
Sec. 6. The General Assembly shall never authorize any county,
city, town, or township, by vote of its citizens, or otherwise, to become
a stockholder in any joint stock company, corporation, or association
whatever; or to raise money for, or loan its credit to, or in aid of,
any such company, corporation, or association.
Sec. 7. The faith of the state being pledged for the payment of its
public debt, in order to provide therefor, there shall be created a
sinking fund, which shall be sufficient to pay the accruing interest on
such debt, and, annually, to reduce the principal thereof, by a sum not
less than one hundred thousand dollars, increased yearly, and each and
every year, by compounding, at the rate of six percent per annum.
The said sinking fund shall consist, of the net annual income of the
public works and stocks owned by the state, of any other funds or
resources that are, or may be, provided by law, and of such further
sum, to be raised by taxation, as may be required for the purposes
aforesaid.
Sec. 8. The auditor of state, secretary of state, and attorney-gen-
eral, are hereby created a board of commissioners, to be styled, " The
Commissioners of the Sinking Fund."
Sec. 9. The commissioners of the sinking fund shall, immediately
preceding each regular session of the General Assembly, make an
estimate of the probable amount of the fund, provided for in the
seventh section of this article, from all sources except from taxation,
and report the same, together with all their proceedings relative to
said fund and the public debt, to the governor, who shall transmit
the same with his regular message, to the General Assembly; and
the General Assembly shall make all necessary provision for raising
and disbursing said sinking fund, in pursuance of the provisions of
this article.
Sec. 10. It shall be the duty of the said commissioners faithfully
to apply said fund, together with all moneys that may be, by the Gen-
eral Assembly, appropriated to that object, to the payment of the
interest, as it becomes due, and the redemption of the principal of
the public debt of the state, excepting only, the school and trust funds
held by the state.
Sec. 11. The said commissioners shall, semi-annually, make a full
and detailed report of their proceedings to the governor, who shall
immediately, cause the same to be published, and shall also communi-
Ohio— 1851 2927
cate the same to the General Assembly, forthwith, if it be in session,
and if not, then at its first session after such report shall be made.
Sec. 12. So long as this state shall have public works which require
superintendence, there shall be a board of public works, to consist of
three members, who shall be elected by the people, at the first general
election after the adoption of this constitution, one for the term of
one year, one for the term of two years, and one for the term of three
years ; and one member of said board shall be elected annually there-
after, who shall hold his office for three years.
Sec. 13. The powers and duties of said board of public Avorks, and
its several members, and their compensation, shall be such as are now,
or may be, prescribed by law.
Article IX
MILITIA
Section 1. All white male citizens, residents of this state, being
eighteen years of age, and under the age of forty-five years, shall be
enrolled in the militia, and perform military duty, in such manner,
not incompatible with the constitution and laws of the United States,
as may be prescribed by law.
Sec. 2. Majors general, brigadiers general, colonels, lieutenant
colonels, majors, captains, and subalterns, shall be elected by the per-
sons subject to military duty, in their respective districts.
Sec. 3. The governor shall appoint the adjutant-general, quarter-
master-general, and such other staff officers, as may be provided for
by law. Majors general, brigadiers general, colonels, or command-
ants of regiments, battalions, or squadrons, shall, severally, appoint
their staff, and captains shall appoint their noncommissioned officers
and musicians.
Sec. 4. The governor shall commission all officers of the line and
staff, ranking as such; and shall have power to call forth the militia,
to execute the laws of the state, to suppress insurrection, and repel
invasion.
Sec. 5. The General Assembly shall provide, by law, for the pro-
tection and safe-keeping of the public arms.
Article X
COUNTY AND TOWNSHIP ORGANIZATIONS
Section 1. The General Assembly shall provide, by law, for the
election of such county and township officers as may be necessary.
Sec. 2. County officers shall be elected on the first Tuesday after
the first Monday in November, by the electors of each county m such
manner, and for such term, not exceeding three years, as may be pro-
vided by law. [Amended October 13, 1885. See Appendix.]
Sec. 3. No person shall be eligible to the office of sheriff, or county
treasurer, for more than four years, in any period of six years.
Sec. 4. Township officers shall be elected by the electors of each
township, at such time, in such manner, and for such term, not
exceeding three jears, as may be provided b}^ law; but shall hold
their offices until their successors are elected and qualified. [As
amended October 13, 1885. See Appendix.]
2928 Ohio— 1851
Sec. 5. No money shall be drawn from any county or township
treasur'y, except by authority of law.
Sec* 6» Justices of the peace, and county and township officers^ may
be removed, in such manner and fof such cause, as shall be prescribed
by law*
Sec. 7. The commissioners of counties, the trustees of townships,
and similar boards, shall have such power of local taxation, for
police purposes, as may be prescribed by law.
Article XI
APPORTIONMENT
Section 1. The apportionment of this state for members of the
General Assembly shall be made every ten years, after the year one
thousand eight hundred and fifty-one, in the following manner : The
whole population of the state, as ascertained by the federal census,
or in such other mode as the General Assembly may direct, shall be
divided by the number " one hundred," and the quotient shall be the
ratio of representation in the house of representatives, for ten years
next succeeding such apportionment.
Sec. 2. Every county having a population equal to one-half of said
ratio, shall be entitled to one representative ; every county, containing
said ratio, and three-fourths over, shall be entitled to two representa-
tives ; every county, containing three times said ratio, shall be entitled
to three representatives; and so on, requiring after the first two, an
entire ratio for each additional representative. Provided, however,
that each county shall have one representative. [As amended Novem-
ber, 1903.]
Sec. 3. When any county shall have a fraction above the ratio, so
large, that being multiplied by five, the result will be equal to one or
more ratios, additional representatives shall be apportioned for such
ratios, among the several sessions of the decennial period, in the fol-
lowing manner : If there be only one ratio, a representative shall be
allotted to the fifth session of the decennial period ; if there are two
ratios, a representative shall be allotted to the fourth and third ses-
sions, respectively; if three, to the third, second, and first sessions,
respectively; if four, to the fourth, third, second, and first sessions,
respectively.
Sec. 4. Any county, forming with another county or counties, a
representative district, during one decennial period, if it have ac-
quired sufficient population at the next decennial period, shall be
entitled to a separate representation, if there shall be left, in the dis-
trict from which it shall have been separated, a population sufficient
for a representative ; but no such change shall be made, except at the
regular decennial period for the apportionment of representatives.
Sec. 5. If, in fixing any subsequent ratio, a county, previously en-
titled to a separate representation, shall have less, than the number
required by the new ratio for a representative, such county shall be
attached to the county adjoining it, having the least number of inhab-
itants; and the representation of the district, so formed, shall be
determined as herein provided.
Sec. 6. The ratio for a senator shall forever, hereafter, be ascer-
tained by dividing the whole population of the state by the number
thirty-five.
Ohio— 1851 2929
Sec. 7. The state is hereby divided into thirty-three senatorial dis-
tricts, as follows: The county of Hamilton shall constitute the first
senatorial district; the counties of Butler and Warren, the second;
Montgomery and Preble, the third ; Clermont and Brown, the fourth ;
Greene, Clinton and Fayette, the fifth ; Ross and Highland, the sixth ;
Adams, Pike, Scioto and Jackson the seventh; Lawrence, Gallia,
Meigs, and Vinton, the eighth; Athens, Hocking, and Fairfield, the
ninth; Franklin and Pickaway, the tenth; Clark, Champaign, and
Madison, the eleventh; Miami, Darke, and Shelby, the twelfth;
Logan, Union, Marion, and Hardin, the thirteenth ; Washington and
Morgan, the fourteenth ; Muskingum and Perry, the fifteenth ; Dela-
ware and Licking, the sixteenth ; Knox and Morrow, the seventeenth ;
Coshocton and Tuscarawas, the eighteenth; Guernsey and Monroe,
the nineteenth; Belmont and Harrison, the tw^entieth; Carroll and
Stark, the twenty-first; Jefferson and Columbiana, the twenty-sec-
ond; Trumbull and Mahoning, the twenty-third; Ashtabula, Lake,
and Geauga, the twenty-fourth ; Cuyahoga, the twenty-fifth ; Portage
and Summit, the twenty-sixth; Medina and Lorain, the twenty-sev-
enth ; Wayne and Holmes, the twenty-eighth ; Ashland and Rich-
land, the twenty-ninth; Huron, Erie, Sandusky, and Ottawa, the
thirtieth; Seneca, Crawford, and Wyandot, the thirty-first; Mercer,
Auglaize, Allen, Van Wert, Paulding, Defiance, and Williams, the
thirty-second; and Hancock, Wood, Lucas, Fulton, Henry, and Put-
nam, the thirty-third : For the first decennial period, after the adop-
tion of this constitution, each of said districts shall be entitled to one
senator, except the first district, which shall be entitled to three
senators.
Sec. 8. The same rule shall be applied, in apportioning the frac-
tions of senatorial districts, and in annexing districts, which may
hereafter have less than three-fourths of a senatorial ratio, as are
applied to representative districts.
Sec. 9. Any county forming part of a senatorial district, having
acquired a population equal to a full senatorial ratio, shall be made a
separate senatorial district, at any regular decennial apportionment,
if a full senatorial ratio shall be left in the district from which it
shall be taken.
Sec. 10. For the first ten years, after the year one thousand eight
hundred and fifty-one, the apportionment of representatives shall be
as provided in the schedule, and no change shall ever be made in the
principles of representation, as herein established, or, in the sena-
torial districts, except as above provided. All territory, belonging
to a county at the time of any apportionment, shall, as to the right of
representation and suffrage, remain an intergral part thereof, during
the decennial period.
Sec. 11. The governor, auditor, and secretary of state, or any two
of them, shall, at least six months prior to the October election, in
the year one thousand eight hundred and sixty-one, and, at each
decennial period thereafter, ascertain and determine the ratio of
representation, according to the decennial census, the number of rep-
resentatives and senators each county or dictrict shall be entitled to
elect, and for what years, within the next ensuing ten years, and the
governor shall cause the same to be published, in such manner as shall
be directed by law.
2930 Ohio— 1851
JUDICIAL APPORTIONMENT
Sec. 12. For judicial purposes, the state shall be apportioned as
follows :
The county of Hamilton, shall constitute the first district, which
shall not be subdivided; and the judges therein, may hold separate
courts or separate sittings of the same court, at the same time.
The counties of Butler, Preble, and Darke, shall constitute the first
subdivision; Montgomery, Miami, and Champaign, the second; and
Warren, Clinton, Greene, and Clark, the third subdivision, of the
second district; and, together, shall form such district.
The counties of Shelby, Auglaize, Allen, Hardin, Logan, Union,
and Marion, shall constitute the first subdivision; Mercer, Van Wert,
Putnam, Paulding, Defiance, Williams, Henry, and P^ulton, the
second; and Wood, Seneca, Hancock, Wyandot, and Crawford, the
third subdivision, of the third district ; and together, shall form such
district.
The counties of Lucas, Ottawa, Sandusky, Erie, and Huron, shall
constitute the first subdivision; Lorain, Medina, and Summit, the
second; and the county of Cuyahoga, the third subdivision, of the
fourth district; and, together, shall form such district.
The counties of Clermont, Brow^n, and Adams, shall constitute the
first subdivision; Highland, Ross, and Fayette, the second; and
Pickaway, Franklin, and Madison, the third subdivision, of the fifth
district; and, together, shall form such district.
The counties of Licking, Knox, and Delaware, shall constitute the
first subdivision; Morrow, Richland, and Ashland, the second; and
Wayne, Holmes, and Coshocton, the third subdivision, of the sixth
district; and, together, shall form such district.
The counties of Fairfield, Perry, and Hocking, shall constitute
the first subdivision; Jackson, Vinton, Pike, Scioto, and Lawrence,
the second; and Gallia, Meigs, Athens, and Washington, the third
subdivision, of the seventh district; and, together, shall form such
district.
The Counties of Muskingum and Morgan, shall constitute the
first subdivision; Guernsey, Belmont, and Monroe, the second; and
Jefferson, Harrison, and Tuscarawas, the third subdivision, of the
eighth district; and, together, shall form such district.
The counties of Stark, Carroll, and Columbiana, shall constitute
the first subdivision ; Trumbull, Portage, and Mahoning, the second ;
and Geauga, Lake, and Ashtabula, the third subdivision, of the ninth
district; and, together, shall form such district.
Sec. 13. The General Assembly shall attach any new counties, that
may hereafter be erected, to such districts, or subdivisions thereof,
as shall be most convenient.
Article XII
FINANCE AND TAXATION
Section 1. The levying of taxes, by the poll, is grievous and op-
pressive ; therefore, the General Assembly shall never levy a poll tax,
for county or state purposes.
Sec. 2. Laws shall be passed, taxing by a uniform rule, all moneys,
credits, investments in bonds, stocks, joint stock companies, or other-
Ohio— 1851 2931
wise; and also all real and personal property according to its true
value in money, excepting bonds of the state of Ohio, bonds of any
city, village, hamlet, county, or township in this state, and bonds
issued in behalf of the public schools of Ohio and the means of
instruction in connection therewith, which bonds shall be exempt
from taxation; but burying grounds, public schoolhouses, houses
used exclusively for public worship, institutions of purely public
charity, public property used exclusively for any public purpose,
and personal property, to an amount not exceeding in value two hun-
dred dollars, for each individual, may, by general laws, be exempted
from taxation; but all such laws shall be subject to alteration or
repeal; and the value of all property, so exempted, shall, from time
to time, be ascertained and published as may be directed by law. [As
amended November, 1905.]
Sec. 3. The General Assembly shall provide, by law, for taxing
the notes and bills discounted or purchased, moneys loaned, and all
other property, effects, or dues, of every description, (without deduc-
tion), of all banks, now existing, or hereafter created, and of all
bankers, so that all property employed in banking, shall always bear
a burden of taxation, equal to that imposed on the property of
individuals.
Sec. 4. The General Assembly shall provide for raising revenue,
sufficient to defray the expenses of the state, for each year, and also
a sufficient sum to pay the interest on the state debt.
Sec. 5. No tax shall be levied, except in pursuance of law; and
every law imposing a tax, shall state, distinctly, the object of the
same, to which only, it shall be applied.
Sec. 6. The state shall never contract any debt for purposes of
internal improvement.
Article XIII
CORPORA.TIONS
Section 1. The General Assembly shall pass no special act con-
ferring corporate powers.
Sec. 2. Corporations may be formed under general laws; but all
such laws may, from time to time, be altered or repealed.
Sec. 3. Dues from private corporations shall be secured by such
means as may be prescribed by law, but in no case shall any stock-
holder be individually liable otherwise than for the unpaid stock
owned by him or her. [As amended November, 1903.]
Sec. 4. The property of corporations, now existing or hereafter
created, shall forever be subject to taxation, the same as the property
of individuals.
Sec. 5. No right of way shall be appropriated to the use of any
corporation, until full compensation therefor be first made in money,
or first secured by a deposit of money, to the owner, irrespective
of any benefit from any improvement proposed by such corpora-
tion; which compensation shall be ascertained by a jury of twelve
men, in a court of record, as shall be prescribed by law.
Sec. 6. The General Assembly shall provide for the organization
of cities, and incorporated villages, by general laws, and restrict
their power of taxation, assessment, borrowing money, contracting
debts and loaning their credit, so as to prevent the abuse of such
power.
7254— VOL 5—09 26
2932 Ohw—1851
Sec. 7. No act of the General Assembly, authorizing associations
with banking powers, shall take effect until it shall be submitted
to the people, at the general election next succeeding the passage
thereof, and be approved by a majority of all the electors, voting at
such election.
Article XIV
JURISPRUDENCE
Section 1. The General Assembly, at its first session after the
adoption of this constitution, shall provide for the appointment
of three commissioners, and prescribe their tenure of office, compen-
sation, and the mode of filling vacancies in said commission.
Sec. 2. The said commissioners shall revise, reform, simplify, and
abridge the practice, pleadings, forms, and proceedings of the courts
of record of this state ; and, as far as practicable and expedient, shall
provide for the abolition of the distinct forms of action at law, now
in use, and for the administration of justice by a uniform mode of
proceeding, without reference to any distinction between law and
equity.
Sec. 3. The proceedings of the commissioners shall, from time to
time, be reported to the General Assembly, and be subject to the
action of that body.
Article XV
miscellaneous
Section 1. Columbus shall be the seat of government, until other-
wise directed by law.
Sec. 2. The printing of the laws, journals, bills, legislative docu-
ments and papers for each branch of the General Assembly, with the
printing required for the executive and other departments of state,
shall be let, on contract, to the lowest responsible bidder, by such
executive officers, and in such manner, as shall be prescribed by law.
Sec. 3. An accurate and detailed statement of the receipts and
expenditures of the public money, the several amounts paid, to whom,
and on what account, shall, from time to time, be published, as shall
be prescribed by law\
Sec. 4. No person shall be elected or appointed to any office in this
state, unless he possesses the qualification of an elector.
Sec. 5. No person who shall hereafter fight a duel, assist in the
same as second, or send, accept, or knowingly carry, a challenge there-
for, shall hold any office in this state.
Sec. 6. Lotteries, and the sale of lottery tickets, for any purpose
whatever, shall forever be prohibited in this state.
Sec. 7. Every person chosen or appointed to any office under this
state, before entering upon the discharge of its duties, shall take an
oath or affirmation, to support the Constitution of the United States,
and of this state, and also an oath of office.
Sec. 8. There may be established, in the secj-etary of state's office,
a bureau of statistics, under such regulations as may be prescribed by
law.
Sec. 9. No license to traffic in intoxicating liquors shall hereafter
be granted in this state ; but the General Assembly may, by law, pro-
vide against evils resulting therefrom.
Ohio— 1851 2933
Article XVI
AMENDMENTS
Section 1. Either branch of the General Assembly may propose
amendments to this constitution; and, if the same shall be agreed to
by three-fifths of the members elected to each house, such proposed
amendments shall be entered on the journals, with the yeas and nays,
and shall be published in at least one newspaper in each county of
the state, where a newspaper is published, for six months preceding
the next election for senators and representatives, at which time the
same shall be submitted to the electors, for their approval or rejec-
tion; and if a majority of the electors, voting at such election, shall
adopt such amendments, the same shall become a part of the constitu-
tion. When more than one amendment shall be submitted at the
same time, they shall be so submitted as to enable the electors to vote
on each amendment, separately.
Sec. 2. Whenever two-thirds of the members elected to each branch
of the General Assembly, shall think it necessary to call a convention,
to revise, amend, or change this constitution, they shall recommend to
the electors to vote, at the next election for members to the General
assembly, for or against a convention; and if a majority of all the
electors, voting at said election, shall have voted for a convention, the
General Assembly shall, at their next session, provide, by law, for
calling the same. The convention shall consist of as many members
as the House of Representatives, who shall be chosen in the same
manner, and shall meet within three months after their election, for
the purpose, aforesaid.
Sec. 3. At the general election, to be held in the year one thousand
eight hundred and seventy-one, and in each twentieth year thereafter,
the question : " Shall there be a convention to revise, alter, or amend
the constitution," shall be submitted to the electors of the state ; and,
in case a majority of all the electors, voting at such election, shall
decide in favor of a convention, the General Assembly, at its next
session, shall provide, by law, for the election of delegates, and the
assembling of such convention, as is provided in the preceding sec-
tion; but no amendment of this constitution, agreed upon by any
convention assembled in pursuance of this article, shall take effect,
until the same shall have been submitted to the electors of the state,
and adopted by a majority of those voting thereon.
schedule
Section 1. All laws of this state, in force on the first day of Sep-
tember, one thousand eight hundred and fifty-one, not inconsistent
with this constitution, shall continue in force, until amended, or
repealed.
Sec. 2. The first election for members of the General Assembly,
under this constitution, shall be held on the second Tuesday of Octo-
ber, one thousand eight hundred and fifty-one.
Sec 3. The first election for governor, lieutenant-governor, au-
ditor, treasurer, and secretary of state and attorney-general, shall be
held on the second Tuesday of October, one thousand eight hundred
and fifty-one. The persons, holding said offices on the first day of
2934 Ohio— 1851
September, one thousand eight hundred and fifty-one, shall continue
therein, until the second Monday of January, one thousand eight
hundred and fifty-two.
Sec. 4. The first election for judges of the supreme court, courts of
common pleas, and probate courts, and clerks of the courts of com-
mon pleas, shall be held on the second Tuesday of October, one thou-
sand eight hundred and fifty-one, and the official term of said judges
and clerks, so elected, shall commence on the second Monday of Feb-
ruary, one thousand eight hundred and fifty-two. Judges and clerks
of the courts of common pleas and supreme court, in office on the first
day of September, one thousand eight hundred and fifty-one, shall
continue in office with their present powers and duties, until the
second Monday of February, one thousand eight hundred and fifty-
two. No suit or proceeding, pending in any of the courts of this state,
shall be affected by the adoption of this constitution.
Sec. 5. The register and receiver of the land office, directors of the
penitentiary, directors of the benevolent institutions of the state, the
state librarian, and all other officers, not otherwise provided for in
this constitution, in office on the first day of September, one thousand
eight hundred and fifty-one, shall continue in office, until their terms
expire, respectively, unless the General Assembly shall otherwise
provide.
Sec. 6. The superior and commercial courts of Cincinnati, and the
superior court of Cleveland, shall remain, until otherwise provided by
law, with their present powers and jurisdiction; and the judges and
clerks of said courts, in office on the first day of September, one thou-
sand eight hundred and fifty-one, shall continue in office, until the
expiration of their terms of office, respectively, or, until otherwise
provided by law ; but neither of said courts shall continue after the
second Monday of February, one thousand eight hundred and fifty-
three; and no suits shall be commenced in said two first mentioned
courts, after the second Monday in February, one thousand eight hun-
dred and fifty-two, nor in said last mentioned court, after the second
Monday in August, one thousand eight hundred and fifty-two; and
all business in either of said courts, not disposed of within the time
limited for their continuance as aforesaid, shall be transferred to the
court of common pleas.
Sec. T. All county and township officers and justices of the peace,
in office on the first day of September, one thousand eight hundred
and fifty-one, shall continue in office until their terms expire, respec-
tively.
Sec. 8. Vacancies in office, occurring after the first day of Septem-
ber, one thousand eight hundred and fifty-one, shall be filled, as is
now prescribed by law, and until officers are elected or appointed, and
qualified, under this constitution.
Sec. 9. This constitution shall take effect, on the first day of Sep-
tember, one thousand eight hundred and fifty-one.
Sec. 10. All officers shall continue in office, ^intil their successors
shall be chosen and qualified.
Sec. 11. Suits pending in the supreme court in bank, shall be trans-
ferred to the supreme court provided for in this constitution, and be
proceeded in according to law.
Sec. 12. The district courts shall, in their respective counties, be the
successors of the present supreme court ; and all suits, prosecutions,
Ohio— 1851 2935
judgments, records, and proceedings, pending and remaining in said
supreme court, in the several counties of any district, shall be trans-
ferred to the respective district courts of such counties, and be pro-
ceeded in, as though no change had been made in said supreme court.
Sec. 13. The said courts of common pleas, shall be the successors of
the present courts of common pleas in the several counties, except as
to probate jurisdiction; and all suits, prosecutions, proceedings, rec-
ords and judgments, pending or being in said last mentioned courts,
except as aforesaid, shall be transferred to the courts of common pleas
created by this constitution, and proceeded in, as though the same had
been therein instituted.
Sec. 14. The probate courts provided for in this constitution, as
to all matters within the jurisdiction conferred upon said courts,
shall be the successors, in the several counties, of the present courts
of common pleas; and the records, files and papers, business and
proceedings, appertaining to said jurisdiction, shall be transferred to
said courts of probate, and be there proceeded in, according to law.
Sec. 15. Until otherwise provided by law, elections for judges and
clerks shall be held, and the poll-books returned, as is provided for
governor, and the abstract therefrom, certified to the secretary of
state, shall be by him opened, in the presence of the governor, who
shall declare the result, and issue commissions to the persons elected.
Sec. 16. Where two or more counties are joined in a senatorial rep-
resentative, or judicial district, the returns of elections shall be sent
to the county, having the largest population.
Sec. 17. The foregoing constitution shall be submitted to the
electors of the state, at an election to be held on the third Tuesday
of June, one thousand eight hundred and fifty-one, in the several
election districts of this state. The ballots at such election shall be
written or printed as follows: Those in favor of the constitution,
" New constitution. Yes ; " those against the constitution, " New con-
stitution, No." The polls at said election shall be opened between
the hours of eight and ten o'clock a. m., and closed at six o'clock
p. M.; and the said election shall be conducted, and the returns
thereof made and certified, to the secretary of state, as provided by
law for annual elections of state and county officers. Within twenty
days after such election, the secretary of state shall open the returns
thereof, in the "presence of the governor; and, if it shall appear that
a majority of all the votes, cast at such election, are in favor of the
constitution, the governor shall issue his proclamation, stating that
fact, and said constitution shall be the constitution of the state of
Ohio, and not otherwise.
Sec. 18. At the time when the votes of the electors shall be taken
for the adoption or rejection of this constitution, the additional sec-
tion, in the words following, to- wit : " No license to traffic in intoxi-
cating liquors shall hereafter be granted in this state; but the Gen-
eral Assembly may, by law, provide against evils resulting there-
from," shall be separately submitted to the electors for adoption or
rejection, in form following, to-wit: A separate ballot may be given
by every elector and deposited in a separate box. Upon the ballots
given for said separate amendment shall be written or printed, or
partly written and partly printed, the words : " License to sell intoxi-
cating liquors. Yes; and upon the ballots given against such amend-
ment, in like manner, the words : " License to sell intoxicating liquors.
2936 Ohio— 1851
No." If, at the said election, a majority of all the votes given for
and against said amendment, shall contain the words : " License to
sell intoxicating liquors, No," then the said amendment shall be a
separate section of article fifteen of the constitution.
Sec. 19. The apportionment of the house of representatives during
the first decennial period under this constitution, shall be as follows :
The counties of Adams, Allen, Athens, Auglaize, Carroll, Cham-
paign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette,
Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake,
Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pick-
away, Pike, Preble, Sandusky, Scioto, Shelby, and Union, shall,
severally, be entitled to one representative, in each session of the
decennial period.
The counties of Franklin, Licking, Montgomery, and Stark shall
each be entitled to two representatives, in each session of the decen-
nial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain,
Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren,
shall, severally, be entitled to one representative, in each session;
and one additional representative in the fifth session of the decennial
period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield,
Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull,
Tuscarawas, and Washington, shall, severally, be entitled to one rep-
resentative, in each session; and two additional representatives, one
in the third, and one in the fourth session of the decennial period.
The counties of Belmont, Columbiana, Ross and Wayne, shall,
severally, be entitled to one representative, in each session ; and three
additional representatives, one in the first, one in the second, and
one in the third session of the decennial period.
The county of Muskingum shall be entitled to two representatives,
in each session ; and one additional representative, in the fifth session,
of the decennial period.
The county of Cuyahoga shall be entitled to two representatives,
in each session ; and two additional representatives, one in the third,
and one in the fourth session of the decennial period.
The county of Hamilton shall be entitled to seven representatives,
in each session ; and four additional representatives. One in the first,
one in the second, one in the third, and one in the fourth session, of
the decennial period.
The following counties, until they shall have acquired a sufficient
population to entitle them to elect, separately, under the fourth sec-
tion of the eleventh article, shall form districts in manner following,
to-wit: The counties of Jackson and Vinton, one district; the coun-
ties of Lucas and Fulton, one district ; the counties of Wyandot and
Hardin, one district; the counties of Mercer and Van Wert, one dis-
trict ; the counties of Paulding, Defiance, and Williams, one district ;
the counties of Putnam and Henry, one district; and the counties of
Wood and Ottawa, one district ; each of which districts shall be enti-
tled to one representative in every session of the decennial period.
Done in convention, at Cincinnati, the tenth day of March, in the
year of our Lord, one thousand eight hundred and fifty-one, and of
the independence of the United States, the seventy-fifth.
Ohio— 1851 2937
Article XVII
Section 1. Elections for state and county officers shall be held on
the first Tuesday after the first Monday in November in the even
numbered years; and all elections for all' other elective officers shall be
held on the first Tuesday after the first Monday in November in the
odd numbered years.
Sec. 2. The term of office of the governor, lieutenant governor,
attorney-general, secretary of state and treasurer of state shall be two
years, and that of the auditor of state shall be four years. The term
of office of the judges of the supreme court and circuit courts shall be
such even number of years not less than six (6) years as may be pre-
scribed by the general assembly: that of the judges of the common
pleas court six (6) years and of the judges of the probate court, four
(4) years, and that of other judges shall be such even number of
years not exceeding six (6) years as may be prescribed by the general
assembly. The term of office of justices of the peace shall be such
even number of years not exceeding four (4) years, as may be pre-
scribed by the general assembly. The term of office of the members
of the board of public works shall be such even number of years not
exceeding six (6) years as may be so prescribed ; and the term of office
of all elective county, township, municipal and school officers shall be
such even number of years not exceeding four (4) years as may be so
prescribed.
And the General Assembly shall have power to so extend existing
terms of office as to effect the purpose of Section 1 of this article.
Any vacancy which may occur in any elective state office other than
that of a member of the General Assembly or of governor, shall be
filled by appointment by the governor until the disability is removed,
or a successor elected and qualified. Every such vacancy shall be
filled by election at the first general election for the office which is
vacant, that occurs more than thirty (30) days after the vacancy
shall have occurred. The person elected shall fill the office for the
unexpired term. All vacancies in other elective offices shall be filled
for the unexpired term in such manner as may be prescribed by law.
William Medill, President.
Attest :
Wm. H. Gill, Secretary,
OKLAHOMA
For organic acts relating to the land now included within Ol^lahoma see in
this worli :
Treaty Ceding Louisiana, 1S03 (Louisiana, p. 1359).
District of Louisiana, 1804 (Louisiana, p. 1364).
Territory of Louisiana, 1805 (Louisiana, p. 1373).
Territory of Missouri, 1812 (Missouri, p. 2139).
Territory of Arl^ansas, 1819 (Arliansas, p. 261).
Treaty Ceding Florida and Fixing Boundaries, 1819 (Florida, p. 649).
Act for Government of Indian Country, 1834 (Indian Territory, p. 1097).
Organic Acts of Mexico and Texas, 1824-1845 (Texas, pp. 3475-3569).
Act Establishing Territory of New Mexico and Fixing Boundaries of
Texas, 1850 (New Mexico, p. 2615).
TERRITORIAL GOVERNMENT OF OKLAHOMA— 1890 «
[Fifty-first Congress, First Session]
An Act to provide a temporary government for the Territory of Oklahoma, to
enlarge the jurisdiction of the United States Court in the Indian Territory,
and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ Sec. 1. That all
that portion of the United States now known as the Indian Territory,
except so much of the same as is actually occupied by the five civil-
ized tribes, and the Indian tribes within the Quapaw Indian Agency,
and except the unoccupied part of the Cherokee outlet, together with
that portion of the United States known as the Public Land Strip,
is hereby erected into a temporary government by the name of the
Territory of Oklahoma. The portion of the Indian Territory in-
cluded in said Territory of Oklahoma is bounded by a line drawn as
follows: Commencing at a point where the ninety-eighth meridian
crosses the Red River, thence by said meridian to the point where it
crosses the Canadian River, thence along said river to the west line
of the Seminole country, thence alon^ said line to the north fork of
the Canadian River, thence down said river to the west line of the
Creek country, thence along said line to the northwest corner of the
Creek country, thence along the north line of the Creek country, to
the ninety-sixth meridian, thence northward by said meridian to the
southern boundary line of Kansas, thence west along said line to the
Arkansas River, thence down said river to the north line of the land
occupied by the Ponca tribe of Indians from which point the line
o See also the acts to provide for laying out lots. Act of May 14, 1890 ; and to
provide new justices and new judicial districts, May 2, 1902.
2939
2040 Oklahoma— 1890
runs so as to include all the lands occupied by the Ponca, Tonkawa,
Otoe and Missouria, and the Pawnee tribes of Indians until it strikes
the south line of the Cherokee outlet which it follows westward to
the east line of the State of Texas, thence by the boundary line of
the State of Texas to the point of beginning ; the Public Land Strip
which is included in said Territory of Oklahoma is bounded east by
the one-hundredth meridian, south by Texas, west by New Mexico,
north by Colorado and Kansas. Whenever the interest of the Chero-
kee Indians in the land known as the Cherokee outlet shall have been
extinguished and the President shall make proclamation thereof, said
outlet shall thereupon and without further legislation, become a part
of the Territory of Oklahoma. Any other lands within the Indian
Territory not embraced within these boundaries shall hereafter be-
come a part of the Territory of Oklahoma whenever the Indian
nation or tribe owning such lands shall signify to the President of the
United States in legal manner its assent that such lands shall so
become a part of said Territory of Oklahoma, and the President shall
thereupon make proclamation to that effect.
Congress may at any time hereafter change the boundaries of said
Territory, or attach any portion of the same to any other State or
Territory of the United Etates without the consent of the inhabit-
ants of the Territory hereby created: Provided, That nothing in
this act shall be construed to impair any right now pertaining to any
Indians or Indian tribe in said Territory under the laws, agreements,
and treaties of the United States, or to impair the rights of j)erson
or property pertaining to said Indians, or to affect the authority of
the Government of the United States to make any regulation or to
make any law respecting said Indians, their lands, property, or other
rights which it would have been competent to make or enact if this act
had not been passed.
Sec. 2. That the executive power of the Territory of Oklahoma
shall be vested in a governor, who shall hold his office for four years,
and until his successor shall be appointed and qualified, unless sooner
removed by the President of the United States. The governor shall
reside within said Territory; shall be commander-in-chief of the
militia thereof; he may grant pardons for offenses against the laws
of said Territory, and reprieves for offenses against the laws of the
United States, until the decision of the President can be made known
thereon; he shall commission all officers who shall be appointed to
office under the laws of said Territory, and shall take care that the
laws be faithfully executed.
Sec. 3. That there shall be a secretary of said Territory, who shall
reside therein and hold his office for four years unless sooner removed
by the President of the United States ; he shall record and preserve
all the laws and the proceedings of the legislative assembly herein-
after constituted, and all acts and proceedings of the governor in his
executive department ; he shall transmit one copy of the laws and
journals of the legislative assembly^ within thirty days after the end
of each session thereof, to the President of the United States and to
the Secretary of the Interior and, at the same time, two copies of the
laws and journals of the legislative assembly to the Speaker of the
House of Representatives and the President of the Senate for the use
of Congress ; and in case of the death, removal, resignation, or other
necessary absence of the governor from the Territory, the secretary
Oklahoma— 1890 2941
shall execute all the powers and perform all the duties of governor
during such vacancy or absence, or until another governor is ap-
pointed and qualified.
Sec. 4. That the legislative power and authority of said Territory
shall be vested in the governor and legislative assembly. The leg-
islative assembly shall consist of a council and a house of represent-
atives. The council shall consist of thirteen members, having the
qualifications of voters as hereinafter prescribed, whose term of
service shall continue two years. The house of representatives shall
consist of twenty-six members, possessing the same qualifications as
prescribed for members of the council, and whose term of service
shall continue two years, and the sessions of the legislative assembly
shall be biennial and shall be limited to sixty days' duration: Pro-
vided, however, That the duration of the first session of said legisla-
tive assembly may continue one hundred and twenty days.
That for the purpose of facilitating the organization of a tem-
porary government in the Territory of Oklahoma, seven counties
are hereby established therein, to be known, until after the first
election in the Territory, as the First County, the Second County,
the Third County, the Fourth County, the Fifth County, and the
Sixth County, the boundaries of which shall be fixed by the gov-
ernor of the Territory until otherwise provided by the legislative
assembly thereof. The county seat of the First County shall be at
Guthrie. The county seat of the Second County shall be at Okla-
homa City. The county seat of the Third County shall be at Norman.
The county seat of the Fourth County shall be at El Reno. The
county seat of the Fifth County shall be at Kingfisher City. The
county seat of the Sixth County shall be at Stillwater. The Seventh
County shall embrace all that portion of the Territory lying west of
the one hundredth meridian, known as the Public Land Strip, the
county seat of which shall be at Beaver: Provided, That the county
seats located by this act may be changed in such manner as the Terri-
torial legislature may provide.
At the first election for members of the legislative assembly the
people of each county may vote for a name for such county, and the
name which receives the greatest number of votes shall be the name
of such county. If two or more counties should select the same
name, the county which casts the greatest number of votes for such
name shall be entitled to the same, and the names receiving the next
highest number of votes in the other counties shall be the names of
such counties. An apportionment shall be made by the governor
as nearly equal as practicable among the several counties or districts
for the election of the council and house of representatives, giving
to each section of the Territory representation in the ratio of its
population (excepting Indians not taxed) as nearly as may be, and
the members of the council and house of representatives shall reside
in and be inhabitants of the district for which they may be elected,
respectively. Previous to the first election the governor shall cause
a census or enumeration of the inhabitants of the several counties or
districts of the Territory to be taken, unless the same shall have been
taken and published by the United States, in which case such census
and enumeration shall be adopted, and the first election shall be
held at such times and places and be conducted in such manner,
both as to the persons who superintend such election and the returns
2942 Oklahoma— 1890
thereof, as the governor shall appoint and direct, and he shall at the
same time declare the number of the members of the council and
house of representatives to which each of the counties or districts
shall be entitled, as shown by the census herein provided for. The
number of persons authorized to be elected, having the highest num-
ber of legal votes in each of said council districts for members of
the council, shall be declared^by the governor to be duly elected to
the council, and the person or persons authorized to be elected, hav-
ing the greatest number of votes for the house of representatives
equal to the number to which each county or district shall be enti-
tled, shall be declared by the governor to be elected members of the
house of representatives: Provided, That in case two or more per-
sons voted for have an equal number of votes, and in case a vacancy
otherwise occurs in either branch of the legislative assembly, the gov-
ernor shall order a new election, and the persons thus elected to the
legislative assembly shall meet at such place and on such day as the
governor shall appoint, but after such first election, however, the
time, place, and manner of holding elections by the people, and the
apportionment of representation, and the day of the commencement
of the regular sessions of the legislative assembly shall be prescribed
by law: Provided, however, That the governor shall have power to
call the legislative assembly together by proclamation, on an extraor-
dinary occasion at any time. -r-.
Sec. 5. That all male citizens of the United States above the'^age of
twenty-one years, and all male persons of foreign birth over said age
who shall have twelve months prior thereto declared their intention to
become citizens of the United States, as now required by law, who are
actual residents at the time of the passage of this act of that portion
of said Territory which was declared by the proclamation of the
President to be open for settlement on the twenty-second day of
April, anno Domini eighteen hundred and eighty-nine, and of that
portion of said Territory heretofore known as the Public Land Strip,
shall be entitled to vote at the first election in the Territory. At
every subsequent election the qualifications of voters and of holding
office shall be such as may be prescribed by the legislative assembly,
subject, however, to the following restrictions on the power of the
legislative assembly, namely: First. The right of suffrage and of
holding office shall be exercised only by citizens of the United States
above the age of twenty-one years and by persons of foreign birth
above that age who have declared, on oath, before a competent court
of record, as required by the naturalization laws of the United States
their intention to become citizens, and have taken an oath to support
the Constitution of the United States, and who shall have been resi-
dents of the United States for the term of twelve months before the
election at which they offer to vote. Second. There shall be no de-
nial of the elective franchise or of holding office to a citizen on ac-
count of race, color, or previous condition of servitude. Third. No
officer, soldier, seaman, marine, or other person in the Army or
Navy, or attached to troops in the service of the United States, shall
be allowed to vote in said Territory by reason of being on service
therein. Fourth. No person belonging to the Army or Navy shall
be elected to, or hold, any civil office or appointment in said Territory.
Sec. 6. That the legislative power of the Territory shall extend to
all rightful subjects of legislation not inconsistent with the Consti-
Oklahoma— 1890 2943
tution and laws of the United States, but no law shall be passed in-
terfering with the primary disposal of the soil; no tax shall be im-
posed upon the property of the United States, nor shall the lands or
other property of non-residents be taxed higher than the lands or
other property of residents, nor shall any law be passed impairing
the right to private property, nor shall any unequal discrimination
be made in taxing different kinds of property, but all property sub-
ject to the taxation shall be taxed in proportion to its value : Provided,
That nothing herein shall be held to prohibit the levying and col-
lecting license or special taxes in the Territory from persons engaged
in any business therein, if the legislative power shall consider such
taxes necessary. Every bill which shall have passed the council and
the house of representatives of said Territory shall, before it becomes
a law, be presented to the governor of the Territory. If he approve
he shall sign it, but if not, he shall return it with his objections to
the house in which it originated, who shall enter the objections at large
upon their journal and proceed to reconsider it. If, after such re-
consideration, 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
vote of both houses shall be determined by yeas and nays to be en-
tered on the journal of each house, respectively. If any bill shall
not be returned by the govei:nor within five days (Sunday 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 assembly, by adjourn-
ment, prevent its return, in which case it shall not be a law.
Sec. 7. .That all township, district, and county officers, not herein
otherwise provided for, shall be appointed or elected, as the case may
be, in such manner as shall be provided by the governor and legis-
lative assembly of the Territory. The governor shall nominate and,
by and with the advice and consent of the council, appoint all officers
not herein otherwise provided for, and in the first instance the gov-
ernor alone may appoint all such officers, who shall hold their offices
until the end of the first session of the legislative assembly ; and he
shall lay off the necessary districts, for members of the council and
house of representatives, and all other officers, and whenever a
vacancy happens from resignation or death, during the recess of the
legislative council in any office which is filled by appointment of the
governor, by and with the advice and consent of the council, the
governor shall fill such vacancy by granting a commission, which
shall expire at the end of the next session of the legislative council.
It is further provided that the legislative assembly shall not author-
ize the issuing any bond, script, or evidence of debt by the Territory,
or any county, city, town, or township therein for the construction
of any railroad.
Sec. 8. That no member of the legislative assembly shall hold or
be appointed to any office which has been created or the salary or
emoluments of which have been increased while he was a member,
during the term for which he was elected and for one year after the
expiration of such term, but this restriction shall not be applicable
to membei*s of the first legislative assembly provided for by this act ;
and no person holding a commission or appomtment under the United
States, except postmasters, shall be a member of the legislative as-
2944 Oklahoma— 1890
sembly, or shall hold any office under the government of said
Territory.
Sec. 9. That the judicial power of said Territory shall be vested
in a supreme court, district courts, probate courts, and justices of the
peace. The supreme court shall consist of a chief -justice and two
associate justices, any two of whom shall constitute a quorum. They
shall hold their offices for four years, and until their successors are
appointed and qualified, and they shall hold a term annually at the
seat of government of said Territory. The jurisdiction of the several
courts herein provided for, both appellate and original, and that of
the probate courts and of the justices of the peace, shall be as limited
by law: Provided, That justices of the peace, who shall be elected
in such manner as the legislative assembly may provide by law, shall
not have jurisdiction of any matter in controversy when the title or
boundaries of land may be in dispute, or where the debt or sum
claimed shall exceed one hundred dollars; and the said supreme and
district courts, respectively, shall possess chancery as well as common
law jurisdiction and authority for redress of all wrongs committed
against the Constitution or laws of the United States or of the Terri-
tory affecting persons or property. Said Territory shall be divided
into three judicial districts, and a district court shall be held in each
county in said district thereof by one of the justices of the supreme
court, at such time and place as may be prescribed by law, and each
judge after assignment shall reside in the district to which he is
assigned. The supreme court shall define said judicial districts, and
shall fix the times and places at each county seat in each district
where the district court shall be held and designate the judge who
shall preside therein. And the territory not embraced in organized
counties shall be attached for judicial purposes to such organized
county or counties as the supreme court may determine. The su-
preme court of said Territory shall appoint its own clerk, who shall
hold his office at the pleasure of the court for which he is appointed.
Each district court shall appoint its clerk, who shall also be the reg-
ister in chancery, and shall keep his office where the court may be
held. Writs of error, bills of exception, and appeals shall be allowed
in all cases from the final decisions of said district courts to the
supreme court under such regulations as may be prescribed by law%
but in no case removed to the supreme court shall trial by jury be
allowed in said court. Writs of error and appeals from the final
decisions of said supreme court shall be allowed and may be taken to
the Supreme Court of the United States in the same manner and
under the same regulations as from the circuit courts of the United
States, where the value of the property or the amount in controversy,
to be ascertained by oath or affirmation of either party or other com-
petent witness, shall exceed five thousand dollars; and each of the
said district courts shall have and exercise, exclusive of any court
heretofore established, the same jurisdiction in all cases arising under
the Constitution and laws of the United States as is vested in the
circuit and district courts of the United States. In addition to the
jurisdiction otherwise ./conferred by this act, said district courts shall
have and exercise exclusive original jurisdiction over all offenses
against the laws of the United States committed within that portion
of the Cherokee Outlet not embraced within the boundaries of said
Territory of Oklahoma as herein defined, and in all civil cases between
Oklahoma— 1890 2945
citizens of the United States residing in such portion of the Cherokee
therein, when the value of the thing in controversy or damages or
Territory, and any citizen of or person or persons residing or found
therein, when the vahie of the thing in controversy or damages or
money claimed shall exceed one hundred dollars ; writs of error, bills
of exceptions, and appeals shall in all such cases, civil and criminal,
be allowed from the district courts to the supreme court in like man-
ner, and be proceeded with in like manner as in cases arising within
the limits of said Territory. For all judicial purposes as herein
defined such portion of the Cherokee Outlet not embraced within the
boundaries of the Territory of Oklahoma shall be attached to, and be
a part of, one of the judicial districts of said Territory as may be
designated by the Supreme court. All acts and parts of acts hereto-
fore enacted, conferring jurisdiction upon United States courts held
beyond and outside the limits of the Territory of Oklahoma as
herein defined, as to all causes of action or offenses in said Terri-
tory, and in that portion of the Cherokee Outlet hereinbefore referred
to, are hereby repealed, and such jurisdiction is hereby given to the
supreme and district courts in said Territory; but all actions com-
menced in such courts, and crimes committed in said Territory and
in the Cherokee Outlet, prior to the passage of this act, shall be tried
and prosecuted, and proceeded with until finally disposed of, in the
courts now having jurisdiction thereof, as if this act had not been
passed. The said supreme and district courts of said Territory, and
the respective judges thereof, shall and may grant writs of manda-
mus and habeas corpus in all cases authorized by law; and the first
six days of every term of said courts, or so much thereof as shall be
necessary, shall be appropriated to the trial of causes arising under
the said Constitution and laws; and writs of error and appeals in all
such cases shall be made to the supreme court of said Territory, as in
other cases.
Sec. 10. Persons charged with any offense or crime in the Territory
of Oklahoma, and for whose arrest a warrant has been issued, may be
arrested by the United States marshal or any of his deputies, wherever
found in said Territory, but in all cases the accused shall be taken, for
preliminary examination, before a United States commissioner, or a
justice of the peace of the county, whose office is nearest to the place
where the offense or crime was committed.
All offenses committed in said Territory, if committed within any
organized county, shall be prosecuted and tried within said county,
and if committed within territory not embraced in any organized
county, shall be prosecuted and tried in the county to which such
territory shall be attached for judicial purposes. And all civil
actions shall be instituted in the county in which the defendant, or
either of them, resides or may be found ; and when such actions arise
within any portion of said Territory, not organized as a county, such
actions shall be instituted in the county to which such territory is
attached for judicial purposes; but any case, civil or criminal, may
be removed, by change of venue, to another county.
Sec. 11. That the following chapters and provisions of the Com-
piled Laws of the State of Nebraska, in force November first, eighteen
hundred and eighty-nine, in so far as they are locally applicable, and
not in conflict with the laws of the United States or with this act, are
2946 Oklahoma— 1890
hereby extended to and put in force in the Territory of Oklahoma
until after the adjournment of the first session of the legislative
assembly of said Territory, namely: the provisions of articles two,
three, and four of chapter two, entitled "Agriculture;" of chapter
four, entitled "Animals;" of chapter six, entitled "Assignments;"
of chapter seven, entitled "Attorneys;" of chapter ten, entitled
"Bonds and oaths — official;" of chapter twelve, entitled "Chattel
mortgages;" of chapter fourteen, entitled " Cities of the second class
and villages;" of chapter fifteen, entitled " Common law;" of chapter
sixteen, entitled " Corporations ;" of chapter eighteen, entitled
" Countj^s and county officers;" of sections fifteen and sixteen of
article six of the constitution of said State, and of chapter twenty
of said laws, entitled "Courts — probate;" of chapter twenty-
three, entitled " Decedents;" of chapter twenty-four, entitled " Depu-
ties;" of chapter twenty-five, entitled "Divorce and alimony;" of
chapter twenty-six, entitled "Elections;" of chapter twenty-eight,
entitled " Fees;" of chapter thirty-two, entitled " Frauds;" of chap-
ter thirty-four, entitled "Guardians and wards;" of chapter thirty-
six, entitled " Homesteads ; " of chapter forty-one, entitled " In-
struments negotiable;" of chapter forty-four, entitled "Interests;"
of chapter forty-six, entitled "Jails;" of chapter fifty, entitled
"Liquors;" but no licenses shall be issued under this chapter; of
chapter fifty-two, entitled "Marriage;" of chapter fifty-three, en-
titled "Married women;" of chapter fifty- four, entitled "Mechan-
ics' and laborers' liens;" of chapter sixty-one, entitled "Notaries
public;" of chapter sixty-two, entitled " Oaths and affirmations;" of
chapter sixty-three, entitled " Occupying claimants ;" of article one
of chapter seventy-two, entitled "Eailroads;" of chapter seventy-
three, entitled " Real estate;" and the provisions of part two of said
laws, entitled " Code of civil procedure," and of part three thereof,
entitled " Criminal code."
The governor of said Territory is authorized to divide each county
into election precincts and into such political sub-divisions other than
school districts as may be required by the laws of the State of Ne-
braska; and he is hereby authorized to appoint all officers of such
counties and subdivisions thereof as he shall deem necessary, and ail
election officers until their election or appointment shall be provided
for by the legislative assembly, but not more than two of the judges
or inspectors of election in any election precinct shall be members of
the same political party, and the candidates of each political party
who may be voted for at such election may designate one person who
shall be present at the counting and canvassing of the votes cast in
each precinct.
The supreme and district courts of said Territory shall have the
same power to enforce the laws of the State of Nebraska hereby
extended to and |)ut in force in said Territory as courts of like juris-
diction have in said State; but county courts and justices of the peace
shall have and exercise the jurisdiction which is authorized by said
laws of Nebraska : Provided^ That the jurisdiction of justices of the
peace in said Territory shall not exceed the sum of one hundred dol-
lars, and county courts shall have jurisdiction in all cases where the
sum or matter in demand exceeds the sum of one hundred dollars.
Sec. 12. That jurisdiction is hereby conferred upon the district
courts in the Territory of Oklahoma over all controversies arising
Oklahoma— 1890 2947
between members or citizens of one tribe or nation of Indians and
the members or citizens of other tribes or nations in the Territory of
Oklahoma, and a"ny citizen or member of one tribe or nation who
may commit any offense or crime in said Territory against the per-
son or property of a citizen or member of another tribe or nation
shall be subject to the same punishment in the Territory of Okla-
homa as he would be if both parties were citizens of the United
States; and any person residing in the Territory of Oklahoma, in
whom there is Indian blood, shall have the right to invoke the aid
of courts therein for the protection of his person or property, as
though he were a citizen of the United States: ProvidedyThsit noth-
ing in this act contained shall be so construed as to give jurisdiction
to the courts established in said Territory in controversies arising
between Indians of the same tribe, while sustaining their tribal
relation.
Sec. 13. That there shall be appointed for said Territory a person^
learned in the law, who shall act as attorney for the United States,
and shall continue in office for four years, and until his successor is
appointed and qualified, unless sooner removed by the President.
Said attorney shall receive a salary at the rate of two hundred and
fifty dollars annually. There shall be appointed a marshal for said
Territory, who shall hold his office for four years, and until his suc-
cessor is appointed and qualified, unless sooner removed by the Presi-
dent, and who shall execute all process issuing from the said courts
when exercising their jurisdiction as circuit and district courts of
the United States; he shall have the power and perform the duties
and be subject to the same regulations and. penalties imposed by law
on the marshal of the United States, and be entitled to a salary at
the rate of two hundred dollars a year. There shall be allowed to
the attorney, marshal, clerks of the supreme and district courts the
same fees as are prescribed for similar services by such persons in
chapter sixteen, title Judiciary, of the Revised Statutes of the United
States.
Sec. 14. That the governor, secretary, chief -justice, and associate
justices, attorney, and marshal shall be nominated and, by and with
the advice and consent of the Senate, appointed by the President of
the United States. The governor and Secretary to be appointed as
aforesaid shall, before they act as such, respectively take an oath or
affirmation before the district judge, or some justice of the peace, or
other officer in the limits of said Territory duly authorized to admin-
ister oaths and affirmations by the laws now in force therein, or
before the Chief -Justice or some associate justice of the Supreme
Court of the United States, to support the Constitution of the United
States and faithfully to discharge the duties of their respective offices,
which said oaths, when so taken, shall be certified by the person by
whom the same shall have been taken ; and such certificates shall be
received and recorded by the secretary among the executive proceed-
ings, and the chief -justice and associate justices, and all other civil
officers in said Territory, before they act as such, shall take a like
oath or affirmation before the said governor or secretary, or some
judge or justice of the peace of the Territory, who may be duly com-
missioned and qualified, which said oath or affirmation shall be cer-
tified and transmitted by the person taking the same to the secretary,
to be recorded by him as aforesaid, and afterwards the like oath or
7254— VOL 5—09 ^27
2948 Oklahoma— 1890
affirmation shall be taken, certified, and recorded in such manner
and form as may be prescribed by law. The governor shall receive
an annual salary of two thousand six hundred dollars as governor;
the chief -justice and associate justices shall receive an annual salary
of three thousand dollars, and the Secretary shall receive an annual
salary of one thousand eight hundred dollars. The said salaries
shall be payable quarter-yearly at the Treasury of the United States.
The members of the legislative assembly shall be entitled to receive
four dollars each per day during their attendance at the sessions,
and four dollars for each and every twenty miles traveled in going
to and returning from said sessions, estimating the distance by the
nearest traveled route. There shall be appropriated annually the
sum of one thousand dollars, to be expended by the governor to de-
fray the contingent expenses of the Territory. There shall also be
appropriated annually a sufficient sum, to be expended by the secre-
tary, and upon an estimate to be made by the Secretary of the Treas-
ury of the United States, to defray the expenses of the legislative
assembly, of the courts, the printing of the laAvs, and other incidental
expenses; and the secretary of the Territory shall annually account
to the Secretary of the Treasury of the United States for the manner
in which the aforesaid sum shall have been expended.
Sec. 15. That the legislative assembly of the Territory of Okla-
home shall hold its first session at Guthrie, in said Territory, at such
time as the governor thereof shall appoint and direct; and at said
first session, or as soon thereafter as they shall deem expedient, the
governor and legislative assembly shall proceed to locate and estab-
lish the seat of government for said Territory at such place as they
may deem eligible, which place, however, shall thereafter be sub-
ject to be changed by the said governor and legislative assembly.
Sec. 16. That a Delegate to the House of Representatives of the
United States, to serve during each Congress of the United States,
may be elected by the voters qualified to elect members of the legis-
lative assembly, who shall be entitled to the same rights and privi-
leges as are exercised and enjoyed by the Delegates from the several
other Territories of the United States in the said House of Repre-
sentatives. The first election shall be held at such time and place,
and be conducted in such manner as the governor shall appoint and
direct, after at least sixty days' notice, to be given by proclamation,
and at all subsequent elections the time, place, and manner of hold-
ing elections shall be prescribed by law. The person having the
greatest number of votes of the qualified electors, as hereinbefore
provided, shall be declared by the governor elected, and a certificate
thereof shall be accordingly given.
Sec. 17. That the provisions of title sixty-two of the Revised
Statutes of the United States relating to national banks, and all
amendments thereto, shall have the same force and effect in the
Territory of Oklahoma as elsewhere in the United States : Provided,
That persons otherwise qualified to act as directors shall not be
required to have resided in said Territory for more than three months
immediately preceding their election as such.
Sec. 18. That sections numbered sixteen and thirty-six in each
township in said Territory shall be, and the same are hereby, reserved
for the purpose of being applied to public schools in the State or
States hereafter to be erected out of the same. In all cases where
Oklahoma— 1890 2949
Sections sixteen and thirty-six, or either of them, are occupied by
actual settlers prior to survey thereof, the county commissioners of
the counties in which such sections are so occupied are authorized to
locate other lands, to an equal amount, in sections or fractional sec-
tions, as the case may be, within their respective counties, in lieu of
the sections so occupied.
All the lands embraced in that portion of the Territory of Okla-
homa heretofore known as the Public Land Strip, shall be open to
settlement under the provisions of the homestead laws of the United
States, except section twenty-three hundred and one of the Revised
Statutes, which shall not apply ; but all actual and bona fide settlers
upon and occupants of the lands in said Public Land Strip at the
time of the passage of this act shall be entitled to have preference
to and hold the lands upon which they have settled under the home-
stead laws of the United States, by virtue of their settlement and
occupancy of said lands, and they shall be credited with the time
they have actually occupied their homesteads, respectively, not ex-
ceeding two years, on the time required under said laws to perfect
title as homestead settlers.
The lands within said Territory of Oklahoma, acquired by cession
of the Muscogee (or Creek) Nation of Indians, confirmed by act of
Congress approved March first, eighteen hundred and eighty-nine,
and also the lands acquired in pursuance of an agreement with the
Seminole Nation of Indians by re-lease and conveyance, dated March
sixteenth, eighteen hundred and eighty-nine, which may hereafter
be open to settlement, shall be disposed of under the provisions of
sections twelve, thirteen, and fourteen of the "Act making appro-
priations for the current and contingent expenses of the Indian
Department, and for fulfilling treaty stipulations with various
Indian tribes, for the year ending June thirtieth, eighteen hundred
and ninety, and for other purposes," approved March second, eight-
een hundred and eighty-nine, and under section two of an "Act to
ratify and confirm an agreement wdth the Muscogee (or Creek)
Nation of Indians in the Indian Territory,' and for other purposes,"
approved March first, eighteen hundred and eighty-nine: Provided,
however, That each settler under and in accordance with the provi-
sions of said acts shall, before receiving a patent for his homestead
on the land hereafter opened to settlement as aforesaid, pay to the
United States for the land so taken by him, in addition to the fees
provided by law, the sum of one dollar and twenty-five cents per acre.
Whenever any of the other lands within the Territory of Okla-
homa, now occupied by any Indian tribe, shall by operation of law
or proclamation of the President of the United States, be open to
settlement, they shall be disposed of to actual settlers only, under the
provisions of the homestead law, except section twenty-three hun-
dred and one of the Revised Statutes of the United States, which
shall not apply : Provided, however, That each settler, under and in
accordance with the provisions of said homestead laws, shall before
receiving a patent for his homestead pay to the United States for the
land so taken by him, in addition to the fees provided by law, a sum
per acre equal to the amount which has been or may be paid by the
United States to obtain a relinquishment of the Indian title or inter-
est therein, but in no case shall such payment be less than one dollar
and twenty-five cents per acre. The rights of honorably discharged
2950 Oklahoma— 1890
soldiers and sailors in the late civil war, as defined and described in
sections twenty-three hundred and four and twenty-three hundred
and five of the Kevised Statutes of the United States, shall not be
abridged except as to such payment. All tracts of land in Okla-
homa Territory which have been set apart for school purposes, to
educational societies, or missionary boards at work among the
Indians, shall not be open for settlement, but are hereby granted to
the respective educational societies or missionary boards for whose
use the same has been set apart. No part of the land embraced
within the Territory hereby created shall inure to the use or benefit
of any railroad corporation, except the rights of way and land for
stations heretofore granted to certain railroad . corporations. Nor
shall any provision of this act or any act of any officer of the United
States, done or performed under the provisions of this act or other-
wise, invest any corporation owning or operating any railroad in
the Indian Territory, or Territory created by this act, with any land
or right to any land in either of said Territories, and this act shall
not apply to or affect any land which, upon any condition on becom-
ing a part of the public domain, would inure to the benefit of, or
become the property of, any railroad corporation.
Sec. 19. That portion of the Territory of Oklahoma heretofore
known as the Public Land Strip is hereby declared a public land
district, and the President of the United States is hereby empowered
to locate a land office in said district, at such place as he shall select,
and to appoint in conformity with existing law a register and receiver
of said land office. He may also, whenever he shall deem it neces-
sary, establish another additional land district within said Territory,
locate a land office therein, and in like manner appoint a register
and receiver thereof. And the Commissioner of the General Land
Office shall, when directed by the President, cause the lands within
the Territory to be properly surveyed and subdivided where the
same has not already been done.
Sec. 20. That the procedure in applications, entries, contests, and
adjudications in the Territory of Oklahoma shall be in form and
manner prescribed under the homestead laws of the United States,
and the general principles and provisions of the homestead laws,
except as modified by the provisions of this act and the acts of Con-
gress approved March first and second, eighteen hundred and eighty-
nine, heretofore mentioned, shall be applicable to all entries made in
said Territory, but no patent shall be issued to any person who is not
a citizen of the United States at the time of making final proof.
All persons who shall settle on land in said Territory, under the
provisions of the homestead laws of the United States, and of this
act, shall be required to select the same in square form, as nearly as
may be; and no person who shall at the time be seized in fee simple
of a hundred and sixty acres of land in any State or Territory, shall
hereafter be entitled to enter land in said Territory of Oklahoma.
The provisions of sections twenty-three hundred and four and
twenty three hundred and five of the Revised Statutes of the United
States shall, except so far as modified by this act, apply to all home-
stead settlements in said Territory.
Sec. 21. That any person, entitled by law to take a homestead in
said Territory of Oklahoma, who has already located and filed upon,
or shall hereafter locate and file upon, a homestead within the limits
Oklahoma— 1890 2951
described in the President's proclamation of April first, eighteen
hundred and eighty nine, and under and in pursuance of the laws
applicable to the settlement of the lands opened for settlement by
such proclamation, and who has complied wath all the laws relating
to such homestead settlement, may receive a patent therefor at the
expiration of twelve months from date of locating upon said home-
stead upon payment to the United States of one dollar and twenty-
five cents per acre for land embraced in such homestead.
Sec. 22. That the provisions of title thirty-two, chapter eight of
the Revised Statutes of the United States relating to " reservation
and sale of town sites on the public lands " shall apply to the lands
open, or to be opened to settlement in the Territory of Oklahoma,
except those opened to settlement by the proclamation of the Presi-
dent on the twenty-second day of April, eighteen hundred and eighty-
nine: Provided, That hereafter all surveys for town sites in said
Territory shall contain reservations for parks (of substantially equal
area if more than one park) and for schools and other public purposes,
embracing in the aggregate not less than ten nor more than twenty
acres; and patents for such reservations, to be maintained for such
purposes, shall be issued to the towns respectively when organized
as municipalities: Provided further, That in case any lands in said
Territory of Oklahoma, which may be occupied and filed upon as a
homestead, under the provisions of law applicable to said Territory,
by a person who is entitled to perfect his title thereto under such
laws, are required for town site purposes, it shall be lawful for such
person \p apply to the Secretary of the Interior to purchase the lands
embraced in said homestead or any part thereof for town-site pur-
poses. He shall file with the application a plat of such proposed
town-site, and if such plat shall be approved by the Secretary of the
Interior, he shall issue a patent to such person for land embraced in
said town site, upon the payment of the sum of ten dollars per acre
for all the lands embraced in such town site, except the lands to be
donated and maintained for public purposes as provided in this sec-
tion. And the sums so received by the Secretary of the Interior shall
be paid over to the proper authorities of the municipalities when
organized, to be used by them for school purposes only.
Sec. 23. That there shall be reserved public highways four rods
wide between each section of land in said Territory, the section lines
being the center of said highways ; but no deduction shall be made,
where cash payments are provided for, in the amount to be paid for
each quarter section of land by reason of such reservation. But if
the said highway shall be vacated by any competent authority, the
title to the respective strips shall inure to the then owner of the tract
of which it formed a partly the original survey.
Sec. 24. That it shall be unlawful for any person, for himself or
any company, association, or corporation, to directly or indirectly
procure any person to settle upon any lands open to settlement in
the Territory of Oklahoma, with intent thereafter of acquiring title
thereto; and any title thus acquired shall be void; and the parties
to such fraudulent settlement shall severally be guilty of a misde-
meanor, and shall be punished upon indictment, by imprisonment
not exceeding twelve months, or by a fine not exceeding one thou-
sand dollars, or by both such fine and imprisonment, in the discre-
tion of the court.
2952 Oklahoma— 1890
Sec. 25. That inasmuch as there is a controversy between the
United States and the State of Texas as to the ownership of what is
known as Greer County, it is hereby expressly provided that this act
shall not be construed to apply to said Greer County until the title
to the same has been adjudicated and determined to be in the United
States; and in order to provide for a speedy and final judicial deter-
mination of the controversy aforesaid the Attorney- General of the
United States is hereby authorized and directed to commence in the
name and on behalf of the United States, and prosecute to a final
determination, a proper suit in equity in the Supreme Court of the
United States against the State of Texas, setting forth the title and
claim of he United States to the tract of land lying beween the
North and South Forks of the Ked River where the Indian Territory
and the State of Texas adjoin, east of the one hundredth degree of
longitude, and claimed by the State of Texas as within its boundary
and a part of its land, and designated on its map as Greer County,
in order that the rightful title to said land may be finally determined,
and the court, on the trial of the case may, in its discretion, so far
as the ends of justice will warrant, consider any evidence heretofore
taken and received by the Joint Boundary Commission under the act
of Congress approved January thirty-first, eighteen hundred and
eighty-five; and said case shall be advanced on the docket of said
court, and proceeded with to its conclusion as rapidly as the nature
and circumstances of the case permit.
Sec. 26. That the following sums, or so much thereof as may be
necessary, are hereby appropriated, out of any money in the Treasury
not otherwise appropriated, to be disbursed under the direction of the
Secretary of the Interior, in the same manner that similar appropria-
tions are disbursed in the other Territories of the United States,
namely :
To pay the expenses of the first legislative assembly of said Terri-
tory, including the printing of the session laws thereof , the sum of
forty thousand dollars.
To pay the salaries of the governor, the judges of the supreme
court, the secretary of the Territory, the marshal, the attorney, and
other officers whose appointment is provided for in this act, for the
remainder of the fiscal year ending June thirtieth, eighteen hundred
and ninety, the sum of twenty thousand dollars.
To pay for the rent of buildings for the legislative and executive
offices, and for the supreme and district courts; to provide jails, and
support prisoners; to pay mileage and per diem of jurors and wit-
nesses; to provide books, records, and stationery for the executive
and judicial offices for the remainder of the fiscal year ending June
thirtieth, eighteen hundred and ninety, the sum oi fifteen thousand
dollars.
To enable the governor to take a census of the inhabitants of said
Territory, as required by law, the sum of five thousand dollars.
To be expended by the governor in temporary support and aid of
common school education in said Territory, as soon as a system of
public schools shall have been established by the legislative assembly,
the sum of fifty thousand dollars.
Sec. ST. That the provisions of this act shall not be so construed
as to invalidate or impair any legal claims or rights of persons occu-
pying any portion of said Territory, under the laws of the United
Oklahoma— 1890 2953
States, but such claims shall be adjudicated by the Land Department,
or the courts, in accordance with their respective jurisdictions.
Sec. 28. That the Constitution and all the law^ of the United States
not locally inapplicable shall, except so far as modified by this act,
have the same force and effect as elsewhere within the United States ;
and all acts and parts of acts in conflict with the provisions of this
act are as to their effect in said Territory of Oklahoma hereby
repealed: Provided, That section eighteen hundred and fifty of the
Eevised Statutes of the United States shall not apply to the Territory
of Oklahoma.
Sec. 29. That all that part of the United States which is bounded
on the north by the State of Kansas, on the east by the States of
Arkansas and Missouri, on the south bv the State of Texas, and on
the west and north by the Territory oi Oklahoma as defined in the
first section of this act, shall, for the purposes of this act, be known
as the Indian Territory; and the jurisdiction of the United States
court established under and by virtue of an act entitled "An act to
establish a United States court in the Indian Territory, and for
other purposes," approved March first, eighteen hundred and eighty-
nine, is hereby limited to and shall extend only over the Indian Ter-
ritory as defined in this section; that the court established by said
act shall, in addition to the jurisdiction conferred thereon by said
act, have and exercise within the limits of the Indian Territory juris-
diction in all civil cases in the Indian Territory, except cases over
which the tribal courts have exclusive jurisdiction ; and in all cases on
contracts entered into by citizens of any tribe or nations with citizens
of the United States in good faith and for valuable consideration,
and in accordance with the laws of such tribe or nation, and such
contracts shall be deemed valid and enforced by such courts; and in
all cases over which jurisdiction is conferred by this act or may
hereafter be conferred by act of Congress ; and the provisions of this
act hereinafter set forth shall apply to said Indian Territory only.
Sec. 30. That for the purpose of holding terms of said court, said
Indian Territory is hereby divided into three divisions, to be known
as the first, second, and third division. The first division shall con-
sist of the country occupied by the Indian tribes in the Quapaw
Indian Agency and all that part of the Cherokee country east of
the ninety-sixth meridian and all of the Creek country; and the
place for holding said court therein shall be at Muskogee. The
second division shall consist of the Choctaw country, and the place
for holding said court therein shall be at South McAlister. The
third division shall consist of the Chickasaw and Seminole countries,
and the place for holding said court therein shall be at Ardmore.
That the Attorney-General of the United States may, if in his judg-
ment it shall be necessary, appoint an assistant attorney for said
court. And the clerk of said court shall appoint a deputy clerk in
each of said divisions in which said clerk does not himself reside at
the place in such division where the" terms of said court are to be
held. Such denuty clerk shall keep- his office and reside at the place
appointed for ^.oMing said court m the division of such residence,
and shall keep the records of said court for such division, and in the
absence of the clerk may exercise all the official powers of the clerk
within the division for which he is appointed: Provided, That the
appointment of such deputies shall be approved by said United
2954 Oklahoma— 1890
States court in the Indian Territory, and may be annulled by said
court at its pleasure, and the clerk shall be responsible for the official
acts and negligence of his respective deputies. The judge of said
court shall hold at least two terms of said court each year in each of
the divisions aforesaid, at such regular times as said judge shall
fix and determine, and shall be paid his actual traveling expenses
and subsistence while attending and holding court at places other
than Muscogee. And jurors for each term of said court, in each
division, shall be selected and summoned in the manner provided in
said act, three jury commissioners to be selected by said court for
each division, who shall possess all the qualifications and perform in
said division all the duties required of the jury commissioners pro-
vided for in said act. All prosecutions for crimes or offenses here-
after committed in said Indian Territory shall be cognizable within
the division in which such crime or offense shall have been commit-
ted. And all civil suits shall be brought in the division in which
the defendant or defendants reside or may be found ; but if there be
two or more defendants residing in different divisions, the action
may be brought in any division in which either of the defendants
resides or may be found. And all cases shall be tried in the division
in which the process is returnable as herein provided, unless said
judge shall direct such case to be removed to one of the other divi-
sions: Provided, however, That the judicial tribunals of the Indian
nations shall retain exclusive jurisdiction in all civil and criminal
cases arising in the country in which members of the nation by na-
tivity or by adoption shall be the only parties; and as to all such
cases the laws of the State of Arkansas extended over and put in
force in said Indian Territory by this act shall not apply.
Sec. 31. That certain general laws of the State of Arkansas in
force at the close of the session of the general assembly of that State
of eighteen hundred and eighty-three, as published in eighteen hun-
dred and eighty-four in the volume known as Mansfield's Digest of
the Statutes of Arkansas, which are not locally inapplicable or in
conflict with this act or with any law of Congress, relating to the
subjects specially mentioned in this section, are hereby extended over
and put in force in the Indian Territory until Congress shall other-
wise provide, that is to say, the provisions of the said general statutes
of Arkansas relating to administration, chapter one, and the United
States court in the Indian Territory herein referred to shall have
and exercise the powers of courts of probate under said laws ; to pub-
lic administrators, chapter two, and the United States marshal of
the Indian Territory shall perform the duties imposed by said chap-
ter on the sheriffs in said State; to arrest and bail, civil, chapter
seven ; to assignment for benefit of creditors, chapter eight ; to attach-
ments, chapter nine; to attorneys at law, chapter eleven; to bills
of exchange and promissory notes, chapter fourteen; to civil rights,
chapter eighteen; to common and statute law of England, chap-
ter twenty; to contempts, chapter twenty-six; to municipal cor-
porations, chapter twenty-nine, division one ; to costs, chapter thirty ;
to descents and distributions, chapter forty-nine; t^ divorce, chap-
ter fifty-two, and said court in the Indian Territor/ shall exercise
the powers of the circuit courts of Arkansas under this chapter; to
dower, chapter fifty-two; to evidence, chapter fifty-nine; to exe-
cution, chapter sixty; to fees, chapter sixty-three; to forcible entry
Oklahoma— 1890 2955
and detainer, chapter sixty-seven; to frauds, statute of, chapter
sixty-eight; to fugitives from justice, chapter sixty-nine; to gam-
ing contracts, chapter seventy; to guardians, curators, and wards,
chapter seventy-three, and said court in the Indian Territory shall
appoint guardians and curators; to habeas corpus, chapter seventy-
four; to injunction, chapter eighty-one; to insane persons and drunk-
ards, chapter eighty-two, and said court in the Indian Territory
shall exercise the powers of the probate courts of Arkansas under
this chapter; to joint and several obligations and contracts, chapter
eighty-seven; to judgments and decrees, chapter eighty-eight; to
judgments summary, chapter eighty-nine; to ]ury, chapter ninety;
to landlord and tenant, chapter ninety-two; to legal notices and
advertisements, chapter ninety-four; to liens, chapter ninety-six; to
limitations, chapter ninety-seven; to mandamus and prohibition,
chapter one hundred; to marriage contracts, chapter one hundred
and two; to marriages, chapter one hundred and three; to married
women, chapter one hundred and four; to money and interest, chap-
ter one hundred and nine; to mortgages, chapter one hundred and
ten; to notaries public, chapter one hundred and eleven, and said
court in the Indian Territory shall appoint notaries public under
this chapter ; to partition and sale of lands, chapter one hundred and
fifteen ; to pleadings and practice, chapter one hundred and nineteen ;
to recorders, chapter one hundred and twenty-six ; to replevin, chap-
ter one hundred and twenty-eight; to venue, change of, chapter
one hundred and fifty-three; and to w^ills and testaments, chapter
one hundred and fifty-five; and wherever in said laws of Arkansas
the courts of record of said State are mentioned the said court in the
Indian Territory shall be substituted therefor; and wherever the
clerks of said courts are mentioned in said laws the clerk of said
court in the Indian Territory and his deputies, respectively, shall be
substituted therefor; and wherever the sheriff of the county is men-
tioned in said laws the United States marshal of the Indian Terri-
tory shall be substituted therefor, for the purpose, in each of the cases
mentioned, of making said laws of Arkansas applicable to the Indian
Territory.
That no attachment shall issue against improvements on real estate
while the title to the land is vested in any Indian nation, except
w^here such improvements have been made by persons, companies, or
corporations operating coal or other mines, railroads, or other indus-
tries under lease or permission of law of an Indian national council,
or charter, or law of the United States.
That executions upon judgments obtained in any other than Indian
courts shall not be valid for the sale or conveyance of title to im-
provements made upon lands owned by an Indian nation, except in
the cases wherein attachments are provided for. Upon a return of
nulla bona, upon an execution upon any judgment against an adopted
citizen of any Indian tribe, or against any person residing in the
Indian country and not a citizen thereof, if the judgment debtor
shall be the owner of any improvements upon real estate within the
Indian Territory in excess of one hundred and sixty acres occupied
as a homestead, such improvements may be subjected to the pay-
ment of such judgment by a decree of the court in which such judg-
ment was rendered. Proceedings to subject such property to the
payment of judgments may be by petition, of which the judgment
2956 Oklahoma— 1890
debtor shall have notice as in the original suit. If on the hearing
the court shall be satisfied from the evidence that the judgment
debtor is the owner of improvements on real estate, subject to the
payment of said judgment, the court may order the same sold, and
the proceeds, or so much thereof as may be necessary to satisfy said
judgment and costs, applied to the payment of said judgment; or if
the improvement is of sufficient rental value to discharge the judg-
ment within a reasonable time the court may appoint a receiver, who
shall take charge of such property and apply the rental receipts
thereof to the payment of such judgment, under such regulations as
the court may prescribe. If under such proceeding any improve-
ment is sold only citizens of the tribe in which said property is sit-
uate may become the purchaser thereof.
The Constitution of the United States and all general laws of the
United States which prohibit crimes and misdemeanors in any place
within the sole and exclusive jurisdiction of the United States, ex-
cept in the District of Columbia, and all laws relating to national
banking associations shall have the same force and effect in the
Indian Territory as elsewhere in the United States; but nothing in
this act shall be so construed as to deprive any of the courts of the
civilized nations of exclusive jurisdiction over all cases arising
wherein members of said nations, whether by treaty, blood, or adop-
tion, are the sole parties, nor so as to interfere with the right and
power of said civilized nations to punish said members for violation
of the statutes and laws enacted by their national councils where
such laws are not contrary to the treaties and laws of the United
States.
Sec. 32. That the word " county," as used in any of the laws of
Arkansas which are put in force in the Indian Territory by the pro-
visions of this act, shall be construed to embrace the territory within
the limits of a judicial division in said Indian Territory; and when-
ever in said laws of Arkansas the word " county " is used, the words
" judicial division " may be substituted therefor, in said Indian Ter-
ritory, for the purposes of this act. And whenever in said laws of
Arkansas the word " State " or the words " State of Arkansas " are
used, the word " Territory," or the words " Indian Territory," may
be substituted therefor, for the purposes of this act, and for the pur-
pose of making said laws of Arkansas applicable to the said Indian
Territory; but all prosecutions therein shall run in the name of the
" United States."
Sec. 33. That the provisions of chapter forty-five of the said gen-
eral laws of Arkansas, entitled " Criminal law," except as to the
crimes and misdemeanor mentioned in the provisos to this section,
and the provisions of chapter forty-six of said general laws of
Arkansas, entitled " Criminal Procedure," as far as they are appli-
cable, are hereby extended over and put in force in the Indian Ter-
ritory, and jurisdiction to enforce said provisions is hereby con-
ferred upon the United States court therein : Provided, That in all
cases where the laws of the United States and the said criminal laws
of Arkansas have j)rovided for the punishment of the same offenses
the laws of the United States shall govern as to such offenses : And
provided further, That the United States circuit and district courts,
respectively, for the western district of Arkansas and the eastern
district of Texas, respectively, shall continue to exercise exclusive
Oklahoma— 1890 2957
jurisdiction as now provided by law in the Indian Territory as de-
fined in this act, in their respective districts as heretofore estab-
lished, over all crimes and misdemeanors against the laws of the
United States applicable to the said Territory, which are punishable
by said laws of the United States by death or by imprisonment at
hard labor, except as otherwise provided in the following sections of
this act.
Sec. 34. That original jurisdiction is hereby conferred upon the
United States court in the Indian Territory to enforce the provisions
of title twenty-eight, chapters three and four, of the Revised Stat-
utes of the United States in said Territory, except the offenses defined
and embraced in sections twenty-one hundred and forty-two and
twenty-one hundred and forty-three : Provided, That as to the viola-
tions of the provisions of section twenty-one hundred and thirty-nine
of said Revised Statutes, the jurisdiction of said court in the Indian
Territory shall be concurrent with the jurisdiction exercised in the
enforcement of such provisions by the United States courts for the
western district of Arkansas and the eastern district of Texas : Pro-
vided, That all violations of said chapters three and four, prior to the
passage of this act, shall be prosecuted in the said United States
courts, respectively, the same as if this act had not been passed.
Sec. 35. That exclusive original jurisdiction is hereby conferred
upon the United States court in the Indian Territory to enforce the
provisions of chapter four, title seventy, of the Revised Statutes of
the United States entitled " Crimes against justice," in all cases
where the crimes mentioned therein are committed in any judicial
proceeding in the Indian Territory and where such crimes affect or
impede the enforcement of the laws in the courts established in said
Territory : Provided, That all violations of the provisions of said
chapter prior to the passage of this act sliall be prosecuted in the
United States courts for the western district of Arkansas and the
eastern district of Texas, respectively, the same as if this act had not
been passed.
Sec. 36. That jurisdiction is hereby conferred upon the United
States court in the Indian Territory over all controversies arising
between members or citizens of one tribe or nation of Indians and
the members or citizens of other tribes or nations in the Indian Ter-
ritory, and any citizen or member of one tribe or nation who may
commit any offense or crime against the person or property of a cit-
izen or member of another tribe or nation shall be subject to the same
punishment in the Indian Territory as he would be if both parties
were citizens of the United States. And any member or citizen of
any Indian tribe or nation in the Indian Territory shall have the
right to invoke the aid of said court therein for the protection of
his person or property as against any person not a member of the
same tribe or nation, as though he were a citizen of the United States.
Sec. 37. That if any person shall, in the Indian Territory, open,
carry on, promote, make or draw, publicly or privately, any lottery,
or scheme of chance of any kind or description, by whatever name,
style or title the same may be denominated or known, or shall, in said
Territory, vend, sell, barter or dispose of any lottery ticket or tickets,
order or orders, device or devices, of any kind, for, or representing
any number of shares or any interest in any lottery or scheme of
chance, or shall open or establish as owner or otherwise any lottery
2958 Oklahoma— 1890
or scheme of chance in said Territory, or shall be in any wise con-
cerned in any lottery or scheme of chance, by acting as owner or agent
in said Territory, for or on behalf of any lottery or scheme of chance,
to be drawn, paid or carried on, either out of or within said Terri-
tory, every such person shall be deemed guilty of a misdemeanor, and,
on conviction thereof, shall be fined for the first offense, not exceeding
five hundred dollars, and for the second offense shall, on conviction,
be fined not less than five hundred dollars and not exceeding five
thousand, and he may be imprisoned, in the discretion of the court,
not exceeding one year. And jurisdiction to enforce the provisions
of this section is hereby conferred upon the United States court in
said Indian Territory, and all persons therein, including Indians
and members and citizens of Indian tribes and nations, shall be sub-
ject to its provisions and penalties.
Sec. 38. The clerk and deputy clerks of said United States court
shall have the power within their respective divisions to issue mar-
riage licenses or certificates and to solemnize marriages. They shall
keep copies of all marriage licenses or certificates issued by them,
and a record book in which shall be recorded all licenses or certifi-
cates after the marriage has been solemnized, and all persons author-
ized by law to solemnize marriages shall return the license or certifi-
cate, after executing the same, to the clerk or deputy clerk who issued
it, together with his return thereon. They shall also be ex-officio
recorders within tl^eir respective divisions, and as such they shall
perform such duties as are required of recorders of deeds under the
said laws of Arkansas, and receive the fees and compensation there-
for which are provided in said laws of Arkansas for like service:
Provided, That all marriages heretofore contracted under the laws
or tribal customs of any Indian nation now located in the Indian
Territory are hereby declared valid, and the issue of such marriages
shall be deemed legitimate and entitled to all inheritance of prop-
erty or other rights, the same as in the case of the issue of other
forms of lawful marriage: Provided further, That said chapter
one hundred and three of said laws of Arkansas shall not be con-
strued so as to interfere with the operation of the laws governing
marriage enacted by any of the civilized tribes, nor to confer any
authority upon any officer of said court to unite a citizen of the
United States in marriage with a member of any of the civilized
nations until the preliminaries to such marriage shall have first' been
arranged according to the laws of the nation of which said Indian
person is a member: And provided further, That where such mar-
riage is required by law of an Indian nation to be of record, the cer-
tificate of such marriage shall be sent for record to the proper officer,
as provided in such law enacted by the Indian nation.
Sec. 39. That the United States court in the Indian Territory shall
have all the powers of the United States circuit courts or circuit
court judges to appoint commissioners within said Indian Territory,
who shall be learned in the law, and shall be known as United States
commissioners; but not exceeding three commissioners shall be
appointed for any one division, and such commissioners when
appointed shall have, within the district to be designated in the Order
appointing them, all the powers of commissioners of circuit courts
of the United States. They shall be ex officio notaries public, and
shall have power to solemnize marriages. The provisions of chapter
Oklahoma— 1890 2959
ninety-one of the said laws of Arkansas, regulating the jurisdiction
and procedure before justices of the peace, are hereby extended
over the. Indian Territory; and said commissioners shall exercise all
the powers conferred by the laws of Arkansas upon justices of the
peace within their districts; but they shall have no jurisdiction to
try any cause where the value of the thing or the amount in contro-
versy exceeds one hundred dollars.
Appeals may be taken from the final judgment of said commis-
sioners to the United States court in said Indian Territory in all
cases and in the same manner that appeals may be taken from ^he
final judgments of justices of the peace under the provisions of said
chapter ninety-one. The said court may appoint a constable for
each of the commissioner's districts designated by the court, and the
constable so appointed shall perform all the duties required of con-
stables under the provision of chapter twenty- four and other laws
of the State of Arkansas. Each commissioner and constable shall
execute to the United States, for the security of the public, a good
and sufficient bond, in the sum of five thousand dollars, to be approved
by the judge appointing him, conditioned that he will faithfully
discharge the duties of his office and account for all moneys coming
into his hands, and he shall take ah oath to support the Constitution
of the United States and to faithfully perform the duties required
of him.
The appointments of United States commissioners by said court
held at Muscogee, in the Indian Territory, heretofore made, and all
acts in pursuance of law and in good faith performed by them, are
hereby ratified and validated.
Sec. 40. That persons charged with any offense or crimfe in the
Indian Territory, and for whose arrest a warrant has been issued,
may be arrested by the United States marshal or any of his deputies,
wherever found in said Territory, but in all cases the accused shall
be taken, for preliminary examination, before the commissioner in
the judicial division whose office or place of business is nearest by
the route usually traveled to the place where the offense or crime
was committed ; but this section shall apply only to crimes or offenses
over which the courts located in the Indian Territory have jurisdic-
tion: Provided, That in all cases Avhere persons have been brought
before a United States commissioner in the Indian Territory for pre-
liminary examination, charged with the commission of anv crime
therein, and where it appears from the evidence that a crime has
been committed, and that there is probable cause to believe the ac-
cused guilty thereof, but that the crime is one over which the courts
in the Indian Territory have no jurisdiction, the accused shall not,
on that account, be discharged, but the case shall be proceeded with
as provided in section ten hundred and fourteen of the Revised Stat-
utes of the United States.
Sec. 41. That the judge of the United States court in the Indian
Territory shall have the same power to extradite persons who
have taken refuge in the Indian Territory, charged with crimes in
the States or other Territories of the United States, that may now
be exercised by the governor of Arkansas 'in that State, and he may
issue requisitions upon governors of States and other Territories for
persons who have committed offenses in the Indian Territory, and
who have taken refuge in such States or Territories.
2960 Oklahoma— 1906
Sec. 42. That appeals and writs of error may be taken and prose-
cuted from the decisions of the United States court in the Indian
Territory to the Supreme Court of the United States in the same
manner and under the same regulations as from the circuit courts of
the United States, except as otherwise provided in this act.
Sec. 43. That any member of any Indian tribe or nation residing
in the Indian Territory may apply to the United States court therein
to become a citizen of the United States, and such court shall have
jurisdiction thereof and shall hear and determine such application
as provided in the statutes of the United States; and the Confeder-
ated Peoria Indians residing in the Quapaw Indian Agency, who
have heretofore or who may hereafter accept their land in severalty
under any of the allotment laws of the United States, shall be deemed
to be, and are hereby, declared to be citizens of the United States
from and after the selection of their allotments, and entitled to all
the rights, privileges, and benefits as such, and parents are hereby
declared from that time to have been and to be the legal guardians
of their minor children without process of court : Provided, That the
Indians who become citizens of the United States under the provisions
of this act do not forfeit or lose any rights or privileges they enjoy
or are entitled to as members of the tribe or nation to which they
belong.
Sec. 44. That the following sum, or so much thereof as may be
necessary, is hereby appropriated, out of any money in the Treasury
not otherw^ise appropriated, to be disbursed under the direction of
the Attorney-General of the United States, in the same manner that
similar appropriations are disbursed in the other Territories of the
United States, namely :
To pay the actual traveling and other expenses of the judge of the
United States court holding court in said Indian Territory other
than at Muscogee ; to pay for the rent of buildings for the court ; to
provide jails and support prisoners; to pay mileage and per diem
of jurors and witnesses; to provide books, records, and stationery
for the judicial offices for the remainder of the fiscal year ending
June thirtieth, eighteen hundred and ninety, the sum of ten thousand
dollars.
Approved, May 2, 1890.
ENABLING ACT FOR OKLAHOMA— 1906
[Fifty-ninth Congress, First Session]
An Act to enable the people of Oklahoma and of the Indian Territory to form a
constitution and State government and be admitted into the Union on an equal
footing with the original States ; and to enable the people of New Mexico and
of Arizona to form a constitution and State government and be admitted into
the Union on an equal footing with the original States ^
Be it enacted hy the Senate and Hou^e of Representatives of the
United States of America in Congress assembled, That the inhabitants
of all that part of the area of the United States now constituting the
Territory of Oklahoma and the Indian Territory, as at present de-
scribed, may adopt a constitution and become the State of Oklahoma,
Oklahoma— 1906 2961
as hereinafter provided: Provided, That nothing contained in the
said constitution shall be construed to limit or impair the rights of
person or property pertaining to the Indians of said Territories (so
long as such rights shall remain unextinguished) or to limit or affect
the authority of the Government of the United States to make any
law or regulation respecting such Indians, their lands, property, or
other rights by treaties, agreement, law, or otherwise, which it would
have been competent to make if this Act had never been passed.
Sec. 2. That all male persons over the age of twenty-one years, who
are citizens of the United States, or who are members of any Indian
nation or tribe in said Indian Territory and Oklahoma, and who have
resided within the limits of said proposed State for at least six months
next preceding the election, are hereby authorized to vote for and
choose delegates to form a constitutional convention for said proposed
State; and all persons qualified to vote for said delegates shall be
eligible to serve as delegates ; and the delegates to form such conven-
tion shall be one hundred and twelve in number, fifty-five of whom
shall be elected by the people of the Territory of Oklahoma, and
fifty-five by the* people of Indian Territory, and two shall be elected
by the electors residing in the Osage Indian Reservation in the Ter-
ritory of Oklahoma; and the governor, the chief justice, and the
secretary of the Territory of Oklahoma shall apportion the Terri-
tory of Oklahoma into fifty-six districts, as nearly equal in population
as may be, except that such apportionment shall include as one district
the Osage Indian Reservation, and the governor, the chief justice, and
the secretary of the Territory of Oklahoma shall appoint an election
commissioner who shall establish voting precincts in said Osage Indian
Reservation, and shall appoint the judges for election in said Osage
Indian Reservation; and two delegates shall be elected from said
Osage district; and the Commissioner to the Five Civilized Tribes,
and two judges of the United States courts for the Indian Territory,
to be designated by the President, shall constitute a board, which shall
apportion the said Indian Territory into fifty-five districts, as nearly
equal in population as may be, and one delegate shall be elected from
each of said districts; and the governor of said Oklahoma Territory,
together with the judge senior m service of the United States courts
in Indian Territory, shall, by proclamation in which such appor-
tionment shall be fully specified and announced, order an election
of the delegates aforesaid in said proposed State at a time designated
by them within six months after the approval of this Act, which
proclamation shall be issued at least sixty days prior to the time of
holding said election of delegates. The election for delegates in the
Territory of Oklahoma and in said Indian Territory shall be con-
ducted, the returns made, the result ascertained, and the certificates of
all persons elected to such convention issued in the same manner as is
prescribed by the laws of the Territory of Oklahoma regulating
elections for Delegates to Congress. That the election laws of the
Territory of Oklahoma now in force, as far as applicable and not in
conflict with this Act, including the penal laws or said Territory of
Oklahoma relating to elections and illegal voting, are hereby extended
to and put in force in said Indian Territory until the legislature of
said proposed State shall otherwise provide, and until all persons
offending against said laws in the election aforesaid shall have been
2962 Oklahoma— 1906
dealt with in the manner therein provided. And the United States
courts of said Indian Territory shall have the same power to enforce
the laws of the Territory of Oklahoma, hereby extended to and pnt in
fofce in said Territory, as have the courts of the Territory of Okla-
homa : Provided, however, That said board to apportion districts in
Indian Territory shall, for the purpose of said election, appoint an
election commissioner for each district who shall distribute all ballots
and election supplies to the several precincts in his district, receive
the election returns from the judges in precincts, and deliver the same
to the canvassing board herein named, establish and define the neces-
sary election precincts, and appoint three judges of election for each
precinct, not more than two of whom shall be of the same political
party, which judges may appoint the necessary clerk or clerks; that
said judges of election, so appointed, shall supervise the election in
their respective precincts, and canvass and make due return of the vote
cast, to the election commissioner for said district who shall deliver
said returns, poll books, and ballots to said board, which shall consti-
tute the ultimate and final canvassing board of said election, and they
shall issue certificates of election to all persons elected to such conven-
tion from the various districts of the Indian Territory, and their
certificates of election shall be prima facie evidence as to the election
of delegates: Provided further, That in said Indian Territory and
Osage Indian Reservation, nominations for delegate to said constitu-
tional convention may be made by convention, by the Republican,
Democratic, and People's Party, or by petition in the manner pro-
vided by the laws of the Territory of Oklahoma ; and certificates and
petitions of nomination in said Indian Territory shall be filed with
the districting and canvassing board who shall perform the duties of
election commissioner under said law, and shall prepare, print, and
distribute all ballots, poll books, and election supplies necessary for
the holding of said election under said laws. The capital of said
State shall temporarily be at the city of Guthrie, in the present Ter-
ritory of Oklahoma and shall not be changed therefrom previous to
anno Domini nineteen hundred and thirteen, but said capital shall,
after said year, be located by the electors of said State at an election
to be provided for by the legislature: Provided, however, That the
legislature of said State, except as shall be necessary for the conven-
ient transaction of the public business of said State at said capital,
shall not appropriate any public moneys of the State for the erection
of buildings for capitol purposes during such period.
Sec. 3. That the delegates to the convention thus elected shall meet
at the seat of government of said Oklahoma Territory on the second
Tuesday after their election, excluding the day of election in case such
day shall be Tuesday, but they shall not receive compensation for
more than sixty days of service, and, after organization, shall declare,
on behalf of the people of said proposed State, that they adopt the
Constitution of the United States; whereupon the said convention
shall, and is hereby authorized to, form a constitution and State gov-
ernment for said proposed State. The constitutions shall be repub-
lican in form, and make no distinction in civil or political rights on
account of race or color, and shall not be repugnant to the Constitu-
tion of the United States and the principles of the Declaration of
Independence. And said convention shall provide in said consti-
tution—
Oklahoma— 1906 2963
First. That perfect toleration of religious sentiment shall be se-
cured, and that no inhabitant of said State shall ever be molested in
person or property on account of his or her mode of religious wor-
ship, and that polygamous or plural marriages are forever pro-
hibited.
Second. That the manufacture, sale, barter, giving away, or other-
wise furnishing, except as hereinafter provided, of intoxicating
liquors within those parts of said State now known as the Indian
Territory and the Osage Indian Reservation and within any other
parts of said State which existed as Indian reservations on the first
day of January, nineteen hundred and six, is prohibited for a period
of twenty-one years from the date of the admission of said State into
the Union, and thereafter until the people of said State shall other-
wise provide by amendment of said constitution and proper State
legislation. Any person, individual or corporate, who shall manu-
facture, sell, barter, give away, or otherwise furnish any intoxicating
liquor of any kind, including beer, ale, and wine, contrary to the pro-
visions of this section, or who shall, within the above-described por-
tions of said State, advertise for sale or solicit the purchase of any such
liquors, or who shall ship or in any way convey such liquors from other
parts of said State into the portions hereinbefore described, shall be
punished, on conviction thereof, by fine not less than fifty dollars and
by imprisonment not less than thirty days for each offense : Pro vided,
That the legislature may provide by law for one agency under the
supervision of said State in each incorporated town of not less than
two thousand population in the portions of said State hereinbefore
described; and if there be no incorporated town of two thousand
population in any county in said portions of said State, such county
shall be entitled to have one such agency, for the sale of such liquors
for medicinal purposes; and for the sale, for industrial purposes, of
alcohol which shall have been denaturized by some process approved
by the United States Commissioner of Internal Revenue ; and for the
sale of alcohol for scientific purposes to such scientific institutions,
universities, and colleges as are authorized to procure the same free
of tax under the laws of the United States ; and for the sale of such
liquors to any apothecary who shall have executed an approved bond,
in a sum not less than one thousand dollars, conditioned that none
of such liquors shall be used or disposed of for any purpose other than
in the compounding of prescriptions or other medicines, the sale of
which would not subject him to the payment of the special tax
required of liquor dealers by the United States, and the payment of
such special tax by any person within the parts of said State herein-
above defined shall constitute prima facie evidence of his intention
to violate the provisions of this section. No sale shall be made except
upon the sworn statement of the applicant in writing setting forth
the purpose for which the liquor is to be used, and no sale shall be
made for medicinal purposes except sales to apothecaries as here-
inabove provided unless such statement shall be accompanied by a
bona fide prescription signed by a regular practicing physician,
which prescription shall not be filled more than once. Each sale shall
be duly registered, and the register thereof, together with the affi-
davits and prescriptions pertaining thereto, shall be open to inspec-
tion by any officer or citizen of said State at all times during business
hours. Any person who shall knowingly make a false affidavit for
7254— VOL 5—09 28
2964 Oklahoma— 1906
the purpose aforesaid shall be deemed guilty of perjury. Any phy-
sician who shall prescribe any such liquor, except for treatment of
disease which after his own personal diagnosis he shall deem to
require such treatment, shall, upon conviction thereof, be punished
for each offense by fine of not less than two hundred dollars or by
imprisonment for not less than thirty days, or by both such fine and
imprisonment; and any person connected with any such agency who
shall be convicted of making any sale or other disposition of liquor
contrary to these provisions shall be punished by imprisonment for
not less than one year and one day. Upon the admission of said State
into the Union these provisions shall be immediately enforceable in
the courts of said State.
Third. That the people inhabiting said proposed State do agree
and declare that they forever disclaim all right and title in or to any
unappropriated public lands lying within the boundaries thereof, and
to all lands lying w^ithin said limits owned or held by any Indian,
tribe, or nation ; and that until the title to any such public land shall
have been extinguished by the United States, the same shall be and
remain subject to the jurisdiction, disposal, and control of the United
States. That land belonging to citizens of the United States resid-
ing without the limits of said State shall never be taxed at a higher
rate than the land belonging to residents thereof ; that no taxes shall
be imposed by the State on lands or property belonging to or which
may hereafter be purchased by the United States or reserved for
its use.
Fourth. That the debts and liabilities of said Territory of Okla-
homa shall be assumed and paid by said State.
Fifth. That provisions shall be made for the establishment and
maintenance of a system of public schools, which shall be open to
all the children of said State and free from sectarian control; and
said schools shall always be conducted in English: Provided, That
nothing herein shall preclude the teaching of other languages in said
public schools: And provided further, That this shall not be con-
strued to prevent the establishment and maintenance of separate
schools for white and colored children.
Sixth. That said State shall never enact any law restricting or
abridging the right of suffrage on account of race, color, or previous
condition of servitude.
Sec. 4. That in case a constitution and State government shall be
formed in compliance with the provisions of this Act the convention
forming the same shall provide by ordinance for submitting said con-
stitution to the people of said proposed State for its ratification or
rejection at an election to be held at a time fixed in said ordinance, at
which election the qualified voters for said proposed State shall vote
directly for or against the proposed constitution, and for or against
any provisions separately submitted. The returns of said election
shall be made to the secretary of the Territory of Oklahoma, who,
with the chief justice thereof and the senior judge of the United
States court of appeals for the Indian Territory, shall canvass the
same; and if a majority of the legal votes cast on that question shall
be for the constitution the governor of Oklahoma Territory and the
judge senior in service of the United States court of appeals for the
Indian Territory shall certify the result to the President of the
United States, together with the statement of the votes cast thereon.
Oklahoma— 1906 2965
and upon separate articles or propositions and a copy of said consti-
tution, articles, propositions, and ordinances. And if the constitu-
tion and government of said proposed State are republican in form,
and if the provisions in this Act have been complied with in the
formation thereof, it shall be the duty of the President of the United
States, within twenty days from the receipt of the certificate of the
result of said election and the statement of votes cast thereon and a
copy of said constitution, articles, propositions, and ordinances, to issue
his proclamation announcing the result of said election; and there-
upon the proposed State of Oklahoma shall be deemed admitted by
Congress into the Union, under and by virtue of this Act, on an equal
footing with the original States. The original of said constitution,
articles, propositions, and ordinances, and the election returns, and
a copy of the statement of the votes cast at said election, shall be for-
warded and turned over by the secretary of the Territory of Okla-
homa to the State authorities of said State.
Sec. 5. That the sum of one hundred thousand dollars, or so much
thereof as may be necessary, is hereby appropriated, out of any money
in the Treasury not otherwise appropriated, for the defraying of the
expenses of the elections provided for in this Act, and said conven-
tion, and for the payment of the members thereof, under the same
rules and regulations and at the same rates as are now provided by
law for the payment of the Territorial legislature of the Territory of
Oklahoma, and the disbursements of the money appropriated by this
section shall be made by the secretary of the Territory of Oklahoma.
Sec. 6. That until the next general census, or until otherwise pro-
vided by law, the said State of Oklahoma shall be entitled to five-
Representatives in the House of Representatives of the United States,
to be elected from the following-described districts, the boundaries
of which shall remain the same until the next general census:
That district numbered one shall comprise the counties of Grant,
Kay, Garfield, Noble, Pawnee, Kingfisher, Logan, Payne, Lincoln,
and the territory comprising the Osage and Kansas Indian reser-
vations.
That district numbered two shall comprise the counties of Okla-
homa, Canadian, Blaine, Caddo, Custer, Dewey, Day, Woods, Wood-
ward, and Beaver.
That district numbered three shall (with the exception of that
part of recording district numbered twelve, which is in the Cherokee
and Creek nations) comprise all the territory now constituting the
Cherokee, Creek, and Seminole nations, and the Indian reservations
lying northeast of the Cherokee Nation, within said State.
That district numbered four shall comprise all that territory now
constituting the Choctaw Nation, that part of recording district
numbered twelve which is in the Cherokee and Creek nations, that
part of recording district numbered twenty-five which is in the
Chickasaw Nation, and the territory comprising recording districts
numbered, sixteen, twenty-one, twenty-two, and twenty-six, in the
Indian Territory.
That district numbered five shall comprise the counties of Greer,
Roger Mills, Kiowa, Washita, Comanche, Cleveland, and Pottawato-
mie, and the territory comprising recording districts numbered seven-
teen, eighteen, nineteen, and twenty, in the Chickasaw Nation,
Indian Territory.
2966 Oklahoma— 1906
And the said Representatives, together with the governor and other
officers provided for in said constitution, shall be elected on the same
day of the election for the ratification or rejection of the constitution;
and until said officers are elected and qualified under the provisions of
such constitution and the said State is admitted into the Union, the
Territorial officers of Oklahoma Territory shall continue to discharge
the duties of their respective offices in said Territory.
Sec. 7. That upon the admission of the State into the Union sec-
tions numbered sixteen and thirty-six, in every township in Oklahoma
Territory, and all indemnity lands heretofore selected in lieu thereof,
are hereby granted to the State for the use and benefit of the common
schools: Provided, That sections sixteen and thirty-six embraced in
permanent reservations for national purposes shall not at any time be
subject to the grant nor the indemnitor provisions of this Act, nor
shall any lands embraced in Indian, military, or other reservations of
any character, nor shall land owned by Indian tribes or individual
members of any tribe be subjected to the grants or to the indemnity
provisions of this Act until the reservation shall have been extin-
guished and such lands be restored to and become a part of the public
domain : Provided, That there is sufficient untaken public land within
said State to cover this grant : And provided, That in case any of the
lands herein granted to the State or Oklahoma have heretofore been
confirmed to the Territory of Oklahoma for the purposes specified in
this Act, the amount so confirmed shall be deducted from the quantity
specified in this Act.
There is hereby appropriated, out of any money in the Treasury
not otherwise appropriated, the sum of five million dollars for the use
and benefit of the common schools of said State in lieu of sections
sixteen and thirty-six, and other lands of the Indian Territor}^ • Said
appropriation shall be paid by the Treasurer of the United States at
such time and to such person or persons as may be authorized by said
State to receive the same under laws to be enacted by said State, and
until said State shall enact such laws said appropriation shall not be
paid, but said State shall be allowed interest thereon at the rate of
three per centum per annum, w^hich shall be paid to said State for
the use and benefit of its public schools. Said appropriation of five
million dollars shall be held and invested by said State, in trust, for
the use and benefit of said schools, and the interest thereon shall be
used exclusively in the support and maintenance of said schools : Pro-
vided, That nothing in this Act contained shall repeal or affect any
Act of Congress relating to the Sulphur Springs Reservation as now
defined or as m^ay be hereafter defined or extended, or the power of
the United States over it or any other lands embraced in the State
hereafter set aside by Congress as a national park, game preserve, or
for the preservation of objects of archaeological or ethnological inter-
est ; and nothing contained in this Act shall interfere with the rights
and ownership of the United States in any land hereafter set aside by
Congress as national park, game preserve, or other reservation, or in
the said Sulphur Springs Reservation, as it now is or may be here-
after defined or extended by law; but exclusive legislation, in all
case^ whatsoever, shall be exercised by the United States, which shall
have exclusive control and jurisdiction over the same; but nothing in
this proviso contained shall be construed to prevent the service within
said Sulphur Springs Reservation or national parks, game preserves,
Oklahoma— 1906 2967
and other reservations hereafter established by law, of civil and crim-
inal processes lawfully issued by the authority of said State, and said
State shall not be entitled to select indemnity school lands for the
thirteenth, sixteenth, thirty-third, and thirty-sixth sections that may
be embraced within the metes and bounds of the national park, game
preserve, and other reservation or the said Sulphur Springs Reserva-
tion, as now defined or may be hereafter defined.
Sec. 8. That section thirteen in the Cherokee Outlet, the Tonkawa
Indian Reservation, and the Pawnee Indian Reservation, reserved by
th"!e President of the United States by proclamation issued August
nineteenth, eighteen hundred and ninety-three, opening to settlement
the said lands, and by any Act or Acts of Congress since said date,
and section thirteen in all other lands which have been or may be
opened to settlement in the Territory of Oklahoma, and all lands
heretofore selected in lieu thereof, is hereby reserved and granted to
said State for the use and benefit of the University of Oklahoma and
the University Preparatory School, one third ; of the normal schools
now established or hereafter to be established, one-third; and of
the Agricultural and Mechanical College and the Colored Agricul-
tural Normal University, one-third. The said lands or the pro-
ceeds thereof as above apportioned shall be divided between the
institutions as the legislature of said State may prescribe : Provided,
That the said lands so reserved or the proceeds of the sale thereof
shall be safely kept or invested and held by said State, and the
income thereof, interest, rentals, or otherwise, only • shall be used
exclusively for the benefit of said educational institutions. Such
educational institutions shall remain under the exclusive control
of said State, and no part of the proceeds arising from the sale or
disposal of any lands herein granted for educational purposes, or
the income or rentals thereof, shall be used for the support of any
religious or sectarian school, college, or university.
That section thirty-three, and all lands heretofore selected in lieu
thereof, heretofore reserved under said proclamation, and Acts for
charitable and penal institutions and public buildings, shall be appor-
tioned and disposed of as the legislature of said State may prescribe.
Where any part of the lands granted by this Act to the State of
Oklahoma are valuable for minerals, which terms shall also include
gas and oil, such lands shall not be sold by the said State prior to
January first, nineteen hundred and fifteen; but the same may be
leased for periods not exceeding five years bv the State officers duly
authorized for that purpose, such leasing to "be made by public com-
petition after not less than thirty days' advertisement in the manner
to be prescribed by law, and all such leasing shall be done under
sealed bids and awarded to the highest responsible bidder. The
leasing shall require and the advertisement shall specify in each case
a fixed royalty to be paid by the successful bidder, in addition to
any bonus offered for the lease, and all proceeds from leases shall
be covered into the fund to Avhich they shall properly belong, and
no transfer or assignment of any lease shall be valid or confer any
right in the assignee without the consent of the proper State author-
ities in writing : Provided, however, That agricultural lessees in pos-
session of such lands shall be reimbursed by the mining lessees for
all damage done to said agricultural lessees' interest therein by rea-
son of such mining operations. The legislature of the State may
2968 Oklahoma— 1906
prescribe additional legislation governing such leases not in conflict
herewith.
Sec. 9. That said sections sixteen and thirty-six, and lands taken
in lieu thereof, herein granted for the support of the common schools,
if sold, may be appraised and sold at public sale in one hundred and
sixty acre tracts or less, under such rules and regulations as the
legislature of the said State may prescribe, preference right to pur-
chase at the highest bid being given to the lessee at the time of such
sale, the proceeds to constitute a permanent school fund, the interest
of which only shall be expended in the support of such schools.
But said lands may, under such regulations as the legislature may
prescribe, be leased for periods not to exceed ten years; and such
lands shall not be subject to homestead entry or any other entry
under the land laws of the United States, whether surveyed or
unsurveyed, but shall be reserved for school purposes only.
Sec. 10. That said sections thirteen and thirty-three, aforesaid, if
sold, may be appraised and sold at public sale, in one hundred and
sixty acre tracts or less, under such rules and regulations as the legis-
lature of said State may prescribe, preference right to purchase at the
highest bid being given to the lessee at the time of such sale, but
such lands may be leased for periods of not more than five years,
under such rules and regulations as the legislature shall prescribe,
and until such time as the legislature shall prescribe such rules these
and all other lands granted to the State shall be leased under existing
rules and regulations, and shall not be subject to homestead entry or
any other entry under the land laws of the United States, whether
surveyed or unsurveyed, but shall be reserved for designated pur-
poses only, and until such time as the legislature shall prescribe as
aforesaid such lands shall be leased under existing rules: Provided,
That before any of the said lands shall be sold, as provided in sections
nine and ten of this Act, the said lands and the improvements thereon
shall be appraised by three disinterested appraisers, who shall be
nonresidents of the county wherein the land is situated, to be desig-
nated as the legislature of said State shall prescribe, and the said
appraisers shall make a true appraisement of said lands at the actual
cash value thereof, exclusive of improvements, and shall separately
appraise all permanent improvements thereon at their fair and
reasonable value, and in case the leaseholder does not become the
purchaser, the purchaser at said sale shall, under such rules and
regulations as the legislature may prescribe, pay to or for the lease-
holder the appraised value of said improvements, and to the State
the amount bid for the said lands, exclusive of the appraised value
of improvements; and at said sale no bid for any tract at less than
the appraisement thereof shall be accepted.
Sec. 11. That an amount equal to five per centum of the proceeds
of the sales of public lands lying within said State shall be paid to
the said State, to be used as a permanent fund, the interest only of
which shall be expended for the support of the common schools
within said State.
Sec. 12. That in lieu of the grant of land for purposes of internal
improvement made to new States by the eighth section of the Act of
September fourth, eighteen hundred and forty-one, which section is
hereby repealed as to said State, and in lieu of any claim or demand
of the State of Oklahoma under the Act of September twenty-eighth.
Oklahoma— 1906 2969
eighteen hundred and fifty, and section twenty-iour hundred and sev-
enty-nine of the Revised Statutes, making a grant of swamp and
overflowed lands, which grant it is hereby declared is not extended to
said State of Oklahoma, the following grant of land is hereby made
to said State from public lands of the United States within said
State, for the purposes indicated, namely: For the benefit of the
Oklahoma University, two hundred and fifty thousand acres; for the
benefit of the University Preparatory School, one hundred and fifty
thousand acres; for the benefit of the Agricultural and Mechanical
College, two hundred and fifty thousand acrCvS ; for the benefit of the
Colored Agricultural and Normal University, one hundred thousand
acres ; for the benefit of normal schools, now established or hereafter
to be established, three hundred thousand acres. The lands granted
by this section shall be selected by the board for leasing school lands
oi the Territory of Oklahoma immediately upon the approval of this
Act. Said selections as soon as made shall be Certified to the Secre-
tary of the Interior, and the lands so selected shall be thereupon with-
drawn from homestead entry.
Sec. 13. That said State when admitted as aforesaid shall consti-
tute two judicial districts, to be known as the eastern district of Okla-
homa and the western district of Oklahoma ; the said Indian Terri-
tory shall constitute said eastern district, and the said Oklahoma Ter-
ritory shall constitute said western district. The circuit and district
courts for the eastern district shall be held one term at Muscogee, one
term at Vinita, one term at Tulsa, one term at South McAlester, one
term at Chickasha, and one term at Ardmore, each year, and the cir-
cuit and district courts of the w^estern district shall be held one term
at Guthrie, one term at Oklahoma City, and one term at Enid, and
one term at Lawton, each year, for the time being. And the said dis-
tricts shall, for judicial purposes, until otherwise provided, be
attached to the eighth judicial circuit. There shall be appointed for
each of said districts one district judge, one United States attorney,
and one United States marshal. There shall be appointed a clerk for
each of said districts, who shall keep his office at Muscogee and Guth-
rie, respectively, for the time being. The regular term of said courts
shall be held at the places designated in this Act, at Muscogee on the
first Monday in January and at Vinita on the first Monday in March
and at Tulsa on the first Monday in April; at South McAlester on
the first Monday in June; at Ardmore on the first Monday in Oc-
tober; at Chickasha on the first Monday of November; at Guthrie
on the first Monday in January ; at Oklahoma City on the first Mon-
day in March ; at Enid on the first Monday in June, and at Lawton
on the first Monda}^ in October, in each year, and one grand jury
shall be summoned in each year in each of said circuit and district
courts. The circuit and district courts for each of said districts, and
the judg-es thereof, respectively, shall possess the same powers and
jurisdiction and perform the same duties required to be performed
by the other circuit and district courts and judges of the United
States, and shall be governed by the same laws and regulations. The
marshal, district attorney, and clerk of each of the circuit and district
courts of said districts, and all other officers and persons performing
duties in the administration of justice therein, shall severally possess
the powers and perform the duties lawfully req^uired to be performed
by similar officers in other districts of the United States, and shall,
2970 Oklahoma— 1906
for the services they may perform, receive the fees and compensation
now allowed by law to officers performing similar services for the
United States m other districts of the United States; and that the
laws in force in the Territory of Oklahoma, as far as applicable, shall
extend over and apply to said State until changed by the legislature
thereof.
Sec. 14. That all prosecutions for crimes or offenses hereafter
committed in either of said judicial districts as hereby constituted
shall be cognizable within the district in which committed, and all
prosecutions for crimes or affenses committed before the passage
of this Act in which indictments have not yet been found or pro-
ceedings instituted shall be cognizable within the judicial district as
hereby constituted in which such crimes or offenses were committed.
Sec. 15. That all appeals or writs of error taken from the supreme
court of Oklahoma Territory, or the United States court of appeals
in the Indian Territory to the Supreme Court of the United States or
the United States circuit court of appeals for the eighth circuit, pre-
vious to the final admission of such State shall be prosecuted to final
determination as though this Act had not been passed. And all cases
in which final judgment has been rendered in such Territorial appel-
late courts which appeals or writs of error might be had except for the
admission of such State may still be sued out, taken, and prosecuted
to the Supreme Court of the United States or the United States circuit
court of appeals under the provisions of existing laws, and there held
and determined in like manner, and in either case the Supreme Court
of the United States, or the United States circuit court of appeals, in
the event of reversal shall remand the said causes to either the State
supreme court or other final appellate court of said State, or the
United States circuit and district courts of said State, as the case may
require : Provided^ That the time allowed by existing law for appeals
and writs of error from appellate courts of said Territories shall not
be enlarged hereby, and all appeals and writs of error not sued out
from the final judgments of said courts at the time of the admission
of such State shall be taken w^ithin six months from such time.
Sec. 16. That all causes pending in the supreme and district courts
of Oklahoma Territory and in the United States courts and in the
United States court of appeals in the Indian Territory arising under
the Constitution, laws, or treaties of the United States, or affecting
ambassadors, ministers, or consuls of the United States, or of any
other country or State, or of admiralty or of maritime jurisdiction, or
in which the United States may be a party, or between citizens of the
same State claiming lands under grants from different States; and
in all cases where there is a controversy between citizens of said Terri-
tories prior to admission and citizens of different States, or between
citizens of different States, or between a citizen of any State and
citizens or subjects of any foreign State or country, and in which cases
of diversity of citizenship there shall be more than two thousand dol-
lars in controversy, exclusive of interest and costs, shall be transferred
to the proper United States circuit or district court for final disposi-
tion : Provided, That said transfer shall not be made in any case where
the United States is not a party except on application of one of the
parties in the court in which the cause is pending, at or before the
second term of such court, after the admission of said State, sup-
ported by oath, showing that the case is one which may be so trans-
Oklahoma— 1906 2971
ferred, the proceedings to effect such transfer, except as to time and
parties, to be the same as are now provided by law for the removal of
causes from a State court to a circuit court of the United States ; and
in causes transferred from the appellate courts of said Territories the
circuit court of the United States in such State shall first determine
such appellate matters as the successor of and with all the power of
said Territorial appellate courts, and shall thereafter proceed under
its original jurisdiction of such causes. All final judgments and
decrees rendered in such circuit and district courts in such transferred
cases may be reviewed by the Supreme Court of the United States or
by the United States circuit court of appeals in the same manner as is
now provided by law with reference to existing United States circuit
and district courts.
Sec. 17. That all cases pending in the supreme court of said Terri-
tory of Oklahoma and in the United States court of appeals in the
Indian Territory not transferred to the United States circuit and dis-
trict courts in said State of Oklahoma shall be proceeded with, held,
and determined by the supreme or other final appellate court of such
State as the successor of said Territorial supreme court and appellate
court, subject to the same right to review upon appeal or error to the
Supreme Court of the United States now allowed from the supreme
or appellate courts of a State under existing laws. Jurisdiction of
all cases pending in the courts of original jurisdiction in said Terri-
tories not transferred to the United States circuit and district courts
shall devolve upon and be exercised by the courts of original jurisdic-
tion created by said State.
Sec. 18. That the supreme court or other court of last resort of said
State shall be deemed to be the successor of said Territorial appellate
courts and shall take and possess any and all jurisdiction as such, not
herein otherwise specifically provided for, and shall receive and retain
the custody of all books, dockets, records, and files not transferred to
other courts, as herein provided, subject to the duty to furnish tran-
scripts of all book entries in any specific case transferred to complete
the record thereof.
Sec. 19. That the courts of original jurisdiction of such State shall
be deemed to be the successor of all courts of offginal jurisdiction of
said Territories and as such shall take and retain custody of all
records, dockets, journals, and files of such courts except in causes
transferred therefrom, as herein provided; the files and papers in
such transferred cases shall be transferred to the proper United States
circuit or district court, together with a transcript of all book entries
to complete the record in such particular case so transferred.
Sec. 20. That all cases pending in the district courts of Oklahoma
Territory and in the United States courts for the Indian Territory at
the time said Territories become a State not transferred to the United
States circuit or district courts in the State of Oklahoma shall be pro-
ceeded with, held, and determinea by the courts of said State, the
successors of said district courts of the Territory of Oklahoma and
United States courts for the Indian Territory, with the right to prose-
cute appeals or writs of error to the supreme court of said State, and
also with the same right to prosecute appeals or writs of error from
the final determination in said causes made by the supreme court of
said State of Oklahoma to the Supreme Court of the United States, as
2972 Oklahoma— 1906
now provided by law for appeals and writs of error from the supreme
court of a State to the Supreme Court of the United States.
Sec. 21. That the constitutional convention may by ordinance pro-
vide for the election of officers for a full State government, including
members of the legislature and five Kepresentatives to Congress, and
shall constitute the Osage Indian Reservation a separate county, and
provide that it shall remain a separate county until the lands in the
Osage Indian Reservation are allotted in severalty and until changed
by the legislature of Oklahoma, and designate the county seat thereof,
and shall provide rules and regulations and define the manner of con-
ducting the first election for officers in said county. Such State gov-
ernment shall remain in abeyance until the State shall be admitted
into the Union and the election for State officers held, as provided for
in this Act. The State legislature when organized shall elect two
Senators of the United States, in the manner now prescribed by the
laws of the United States, and the governor and secretary of said
State shall certify the election of the Senators and Representatives in
the manner required by law ; and said Senators and Representatives
shall be entitled to be admitted to seats in Congress and to all the
rights and privileges of Senators and Representatives of other States
in the Congress of the United States. And the officers of the State
government formed in pursuance of said constitution, as provided bj^^
said constitutional convention, shall proceed to exercise all the func-
tions of such State officers; and all laws in force in the Territory of
Oklahoma at the time of the admission of said State into the Union
shall be in force throughout said State, except as modified or changed
by. this Act or by the constitution of the State, and the laws of the
United States not locally inapplicable shall have the same force and
effect within said State as elsewhere within the United States.
Sec. 22. That the constitutional convention provided for herein
shall, by ordinance irrevocable, accept the terms and conditions of
this Act.
Sec. 23. That the inhabitants of all that part of the area of the
United States now constituting the Territories of Arizona and New
Mexico, as at present described, may become the State of Arizona, as
hereinafter provided.
Sec. 24. That at the general election to be held on the sixth day of
November, nineteen hundred and six, all the electors of said Territo-
ries, respectively, qualified to vote at such election, are hereby author-
ized to vote for and choose delegates to form a convention for said
Territories. The aforesaid convention shall consist of one hundred
and ten delegates, sixty-six of which delegates shall be elected to said
convention by the people of the Territory of New Mexico and forty-
four by the people of the Territory of Arizona; and the governors,
chief justices, and secretaries of each of said Territories, respectively,
shall apportion the delegates to be thus elected from their respective
Territories, as nearly as may be, equitably among the several counties
thereof in accordance with the voting population as shown by the vote
cast for Delegate in Congress in the respective Territories in nineteen
hundred and four.
That at the said general election and on the same ballots on which
the naines of candidates to the convention aforesaid are printed, there
shall be submitted to said qualified electors of each of said Territories
Oklahoma— 1906 2973
a question which shall be stated on the ballot in substance and form
as follows :
" Shall Arizona and New Mexico be united to form one State ? "
D Yes. ... D No.
Electors desiring to vote in the affirmative shall place a cross mark
in the square to the left of the word " Yes," and those desiring to
vote in the negative shall place a cross mark in the square to the left
of the word " No " in the form above prescribed. The governors and
secretaries of the respective Territories shall certify and transmit, as
soon as may be practicable, the results of said election each to the
other and likewise to the Secretary of the Interior, and if it appears
from the returns thus certified that a majority of the qualified electors
in each of said Territories who voted on the question aforesaid at such
election voted in favor of the union of New Mexico and Arizona as
one State, then, and not otherwise, the inhabitants of that part of
the area of the United States now constituting the Territories of
Arizona and New Mexico as at present described may become the
State of Arizona as hereinafter provided; but if in either of said
Territories a majority of the qualified electors voting on the question
aforesaid at such election shall appear by such certified returns to
have voted against the union of said Territories then, and in that
event, section twenty-three and all succeeding sections of this Act
shall thereafter be null and void and of no effect, excepting that the
appropriation made in section forty-one hereof shall be and remain
available for defraying all and every kind and character of expense
incurred on account of the election of delegates to the cpnvention and
the submission of the question aforesaid.
The governors of said Territories, respectively, shall, within thirty
days after the approval of this Act, by proclamation in which the
aforesaid apportionment of delegates to the convention shall be fully
specified and announced and the aforesaid question to be voted on by
the electors shall be clearly stated, order that the delegates aforesaid in
their respective Territories shall be voted for and the question afore-
said shall be submitted to the qualified electors in each of said
Territories as herein required at the aforesaid general election.
Such election for delegates shall be conducted, the returns made and
the certificates of persons elected to such convention issued, as near
as may be, in the same manner as is prescribed by the laws of said
Territories, respectively, regulating elections therein of members of
the legislature : Provided, That if it appears from the returns that a
majority of the qualified electors in the Territory of Arizona who
voted on the question at the election voted in favor of the union of
New Mexico and Arizona as one State, then, and not otherwise, the
secretary or other proper officer of said Territory of Arizona into
whose hands the result of said election finally comes, shall immedi-
ately transmit and certify the result as to the election of delegates
to the convention to the secretary of the Territory of New Mexico
at Santa Fe, and if it appears from the returns from the election held
in New Mexico that a majority of the qualified voters aforesaid voted
in favor of joint statehood, then in that event the secretary of said
Territory of New Mexico shall make up a temporary roll ot the con-
vention from the certified returns from both of said Territories, and
he shall call the convention to order at the time herein required, and
. 1
2974 Oklahoma— 1906
said convention when so called to order and organized shall be the
sole judge of the election and qualifications of its own members.
Persons possessing the qualifications entitling them to vote at the
aforesaid general election shall be entitled to vote on the ratification
or rejection of the constitution if submitted to the people of said
Territories hereunder, and on the election of all officials whose elec-
tion is taking place at the same time, under such rules or regulations
as said convention may prescribe, not in conflict with this Act.
Sec. 25. That if a majority in each of said Territories at the elec-
tion aforesaid shall vote for joint statehood, and not otherwise, the
delegates to the convention thus elected shall meet in the hall of the
house of representatives of the Territory of New Mexico, in the city of
Sante Fe therein, at twelve o'clock noon on Mo;iday, December third,
nineteen hundred and six, but they shall not receive compensation for
more than sixty days of service, and after organization shall declare
on behalf of the people of said proposed State that they adopt the
Constitution of the United States, whereupon the said convention
shall be, and is hereby, authorized to form a constitution and State
government for said proposed State. The constitution shall be re-
publican in form, and make no distinction in civil or political rights
on account of race or color, except as to Indians not taxed, and shall
not be repugnant to the Constitution of the United States and the
principles of the Declaration of Independence. And said conven-
tion shall provide, by ordinance irrevocable without the consent of
the United States and the people of said State —
First. That perfect toleration of religious sentiment shall be se-
cured, and that no inhabitant of said State shall ever be molested in
person or property on account of his or her mode of religious wor-
ship; and that polygamous or plural marriages and the sale, barter,
or giving of intoxicating liquors to Indians, are forever prohibited.
Second. That the people inhabiting said proposed State do agree
and declare that they forever disclaim all right and title to the unap-
propriated and ungranted public lands lying within the boundaries
thereof and to all lands lying within said limits owned or held by
any Indian or Indian tribes, except as hereinafter provided, and that
until the title thereto shall have been extinguished by the United
States the same shall be and remain subject to the disposition of the
United States, and such Indian lands shall remain under the abso-
lute jurisdiction and control of the Congress of the United States;
that the lands and other property belonging to citizens of the United
States residing without the said State shall never be taxed at a higher
rate than the lands and other property belonging to residents thereof ;
that no taxes shall be imposed by the State on lands or property
therein belonging to or which may hereafter be purchased by the
United States or reserved for its use ; but nothing herein, or in the ordi-
nance herein provided for, shall preclude the said State from taxing,
as other lands and other property are taxed, any lands and other prop-
erty owned or held by any Indian who has severed his tribal relations
and has obtained from the United States or from any person a title
thereto by patent or other grant, save and except such lands as have
been or may be granted to any Indian or Indians under any Act of
Congress containing a provision exempting the lands thus granted
from taxation, but said ordinance shall provide that all such lands
Oklahoma— 1906 2975
shall be exempt from taxation by said State so long and to such extent
as such Act of Congress may prescribe.
Third. That the debts and liabilities of said Territory of Arizona
and of said Territory of New Mexico shall be assumed and paid by
said State, and that said State shall be subrogated to all the rights of
indemnity and reimbursement which either of said Territories now
has.
Fourth. That provision shall be made for the establishment and
maintenance of a system of public schools, which shall be open to all
the children of said State and free from sectarian control ; and that
said schools shall always be conducted in English: Provided, That
nothing in this Act shall preclude the teaching of other languages in
said public schools.
Fifth. That said State shall never enact any law restricting or
abridging the right of suffrage on account of race, color, or previous
condition of servitude, and that ability to read, write, and speak the
English language sufficiently well to conduct the duties of the office
without the aid of an interpreter shall be a necessary qualification for
all State officers.
Sixth. That the capital of said State shall temporarily be at the
city of Santa Fe, in the present Territory of New Mexico, and shall
not be changed therefrom previous to anno Domini nineteen hundred
and fifteen, but the permanent location of said capital may, after said
year, be fixed by the electors of said State, voting at an election to be
provided for by the legislature.
Sec. 26. That in case a constitution and State government shall be
formed in compliance with the provisions of this Act, the convention
forming the same shall provide by ordinance for submitting said con-
stitution to the people of said proposed State for its ratification or
rejection, at an election to be held at a time fixed in said ordinance,
which shall be not less than sixty days nor more than ninety
days from the adjournment of the convention, at which election
the qualified voters of said proposed State shall vote directly for
or against the proposed constitution and for or against any provi-
sions thereof separately submitted. The returns of said election
shall be made by the election officers direct to the secretary of the
Territory of New Mexico at Santa Fe; who, with the governors and*
chief justices of said Territories, or any four of them, shall meet at
said city of Santa Fe on the third Monday after said election and
shall canvass the same; and if a majority of the legal votes cast on
that question shall be for the constitution the said canvassing board
shall certify the result to the President of the United States, to-
gether with the statement of the votes cast thereon, and upon separate
articles or propositions, and a copy of said constitution, articles,
propositions and ordinances. And if the constitution and govern-
ment of said proposed State are republican in form, and if the pro-
visions in this Act have been complied with in the formation thereof,
it shall be the duty of the President of the United States, within
twenty days from the receipt of the certificate of the result of said
election and the statement or the votes cast thereon and a copy of said
constitution, articles, propositions, and ordinances from said board,
to issue his proclamation announcing the result of said election, and
thereupon the proposed State shall be deemed admitted by Congress
2976 Oklahoma— 1906
into the Union, under and by virtue of this Act, under the name of
Arizona, on an equal footing with the original States, from and after
the date of said proclamation.
The original of said constitution, articles, propositions, and ordi-
nances, and the election returns, and a copy of the statement of the
votes cast at said election shall be forwarded and turned over by the
secretary of the Territory of New Mexico to the State authorities.
Sec. 27. That until the next general census, or until otherwise pro-
vided by law, said State shall be entitled to two Representatives in the
House of Representatives of the United States, which Representa-
tives, together with the governor and other officers provided for in
said constitution, and also all other State and county officers, shall
be elected on the same day of the election for the adoption of the con-
stitution ; and until said State officers are elected and qualified under
the provisions of the constitution, and the State is admitted into the
Union, the Territorial officers of said Territories, respectively, includ-
ing delegates to Congress, shall continue to discharge the duties of
their respective offices in said Territories until their successors are
duly elected and qualified.
Sec. 28. That upon the admission of said State into the Union there
is hereby granted unto it, including the sections thereof heretofore
granted, four sections of public land in each township in the proposed
State for the support of free public nonsectarian common schools, to
wit : Sections numbered thirteen, sixteen, thirty-three, and thirty-six,
and where such sections or any parts thereof have be«n sold or other-
wise disposed of by or under the authority of any Act of Congress
other lands equivalent thereto, in legal subdivisions of not less than
one quarter section and as contiguous as may be to the section in
lieu of which the same is taken ; such indemnity lands to be selected
within said respective portions of said State in the manner provided
in this Act: Provided, That the thirteenth, sixteenth, thirty-third,
and thirty-sixth sections embraced in permanent reservations for
national purposes shall not at any time be subject to the grants nor
to the indemnity provisions of this Act, but other lands equivalent
thereto may be selected for such school purposes in lieu thereof; nor
shall any lands embraced in Indian, military, or other reservations of
any character be subject to the grants of this Act, but such reservation
lands shall be subject to the indemnity provisions of this Act: Pro-
vided, That nothing in this Act contained shall repeal or affect any
Act of Congress relating to the Casa Grande Ruin as now defined or
as may be hereafter defined or extended, or the power of the United
States over it, or any other lands embraced in the State hereafter set
aside by Congress as a national park, game preserve, or for the pres-
ervation of objects of archaeological or ethnological interest; and
nothing contained in this Act shall interfere with the rights and
ownership of the United States in any land hereafter set aside by Con-
gress as national park, game preserve, or other reservation, or in the
said Case Grande Ruin as it now is or may be hereafter defined or
extended by law, but exclusive legislation, in all cases whatsoever,
shall be exercised by the United States, which shall have exclusive
control and jurisdiction over the same; but nothing in this proviso
contained shall be construed to prevent the service within said Casa
Grande Ruin, or national parks, game preserves, and other reserva-
tions hereafter established by law, of civil and criminal processes
Oklahoma— 1906 2977
lawfully issued by the authority of said State; and said lands shall
not be subject at any time to the school grants of this Act that may
be embraced within the metes and bounds of the national park, game
preserve, and other reservation, or the said Casa Grande Ruin, as
now defined or may be hereafter defined ; but other lands equivalent
thereto may be selected for such school purposes hereinbefore pro-
vided in lieu thereof.
Sec. 29. That three hundred sections of the unappropriated non-
mineral public lands w^ithin said State, to be selected and located in
legal subdivisions, as provided in this Act, are hereby granted to said
State for the purpose of erecting legislative, executive, and judicial
public buildings in the same, and for the payment of the bonds here-
tofore or hereafter issued therefor.
Sec. 30. That the lands granted to the Territory of Arizona by the
Act of February eighteenth, eighteen himdred and eighty-one, entitled
"An Act to grant lands to Dakota, Montana, Arizona, Idaho, and
Wyoming for university purposes," are hereby vested in the proposed
State to the extent of the full quantity of seventy-five sections, and
any portion of said lands that may not have been selected by said Ter-
ritory of Arizona may be selected by the said State. In addition to
the foregoing, and in addition to all lands heretofore granted for such
purpose, there shall be, and hereby is, granted to said State, to take
effect when the same is admitted to the Union, three hundred sections
of land, to be selected from the public domain within said State in the
same manner as provided in this Act, and the proceeds of all such
lands shall constitute a permanent fund, to be safely invested and held
by said State, and the income thereof be used exclusively for uni-
versity purposes. The schools, colleges, and universities provided for
in this Act shall forever remain under the exclusive control of the said
State, and no part of the proceeds arising from the sale or disposal of
any lands herein granted for educational purposes shall be used for
the support of any sectarian or denominational school, college, or
university.
Sec. 31. That nothing in this Act shall be so construed, except
where the same is so specifically stated, as to repeal any grant of land
heretofore made by any Act of Congress to either of said Territories,
but such grants are hereby ratified and confirmed in and to said State,
and all of the land that may not, at the time of the admission of said
State into the Union, have been selected and segregated from the
public domain, may be so selected and segregated in the manner pro-
vided in this Act.
Sec. 32. That five per centum of the proceeds of the sales of public
lands lying within said State which shall be sold by the United States
subsequent to the admission of said State into the Union, after
deducting all the expenses incident to the same, shall be paid to the
said State to be used as a permanent fund, the interest of which only
shall be expended for the support of the common schools within said
State. And there is hereby appropriated, out of any moneys in the
Treasury not otherwise appropriated, the sum of five million dollars
for the use and benefit of the common schools of said State. Said
appropriation shall be paid by the Treasurer of the United States
at such time and to such person or persons as may be authorized by
said State to receive the same under laws to be enacted by said State,
2978 Oklahoma— 1906
and until said State shall enact such laws said appropriation shall
not be paid. Said appropriation of five million dollars shall be held
inviolable and invested by said State, in trust, for the use and benefit
of said schools.
Sec. 33. That all lands herein granted for educational purposes
may be appraised and disposed of only at public sale, the proceeds to
constitute a permanent school fund, the income from which only
shall be expended in the support of said schools. But said lands
may, under such regulations as the legislature shall prescribe, be
leased for periods of not more than ten years, and such common
school land shall not be subject to preemption, homestead entry, or
any other entry under the land laws of the United States, whether
surveyed or unsurveyed, but shall be reserved for school purposes
only.
Sec. 34. That in lieu of the grant of land for purposes of internal
improvement made to new States by the eighth section of the
Act of September fourth, eighteen hundred and forty-one, which
section is hereby repealed as to the proposed State, and in lieu of any
claim or demand by the said State under the Act of September
twenty-eighth, eighteen hundred and fifty, and section twenty-four
hundred and seventy-nine of the Revised Statutes, making a grant of
swamp and overflowed lands to certain States, which grant it is hereby
declared is not extended to the said State, and in lieu of any grant
of saline lands to said State, save as heretofore made, the following
grants of land from public lands of the United States within said
State are hereby made, to wit :
For the establishment and maintenance and support of insane asy-
lums in the said State, two hundred thousand acres; for peni-
tentiaries, two hundred thousand acres; for schools for the deaf,
dumb, and the blind, two hundred thousand acres; for miners' hos-
pitals for disabled miners, one hundred thousand acres; for normal
schools, two hundred thousand acres ; for State charitable, penal, and
reformatory institutions, two hundred thousand acres; for agricul-
tural and mechanical colleges, three hundred thousand acres: Pro-
vided, That the two national appropriations heretofore annually paid
to the two agricultural and mechanical colleges of said Territories,
respectively, shall, until the further order of Congress, continue to be
l^aid to said State for the use of said respective institutions; for
schools of mines, two hundred thousand acres ; for military institutes,
two hundred thousand acres.
Sec. 35. That all lands granted in quantity or as indemnity by
this Act shall be selected, under the direction of the Secretary of the
Interior, from the unappropriated public lands of the United States
within the limits of the said State, by a commission composed of the
governor, surveyor-general, and attorney-general of said State; and
no fees shall be charged for passing the title to the same or for the
preliminary proceedings thereof.
Sec. 36. That all mineral lands shall be exempted from the grants
made by this Act; but if any portion thereof shall be found by the
Department of the Interior to be mineral lands, said State, by the
commission provided for in section thirty-five hereof, under the
direction of the Secretary of the Interior, is hereby authorized and
empowered to select, in legal subdivisions, an equal quantity of other
unappropriated lands in said State in lieu thereof.
Oklahoma— 1906 2979
Sec. 37. That the said State, when admitted as aforesaid, shall con-
stitute two judicial districts, to be named, respectively, the eastern
and western districts of Arizona, the boundaries of said districts to
be the same as the boundaries of said Territories, respectively, and
the circuit and district court of said districts shall be held, respec-
tively, at Albuquerque and Phoenix for the time being, and the said
districts shall, for judicial purposes, until otherwise provided, be
attached to the ninth judicial circuit. There shall be appointed for
each of said districts one district judge, one United States attorney,
and one United States marshal. The judge of each of said districts
shall receive a yearly salary the same as other similar judges of the
United States, payable as provided for by law, and shall reside in the
district to which he is appointed. There shall be appointed clerks of
said courts, who shall keep their offices at said Albuquerque and
Phoenix in said State. The regular terms of said courts shall be
held in said districts, at the places aforesaid, on the first Monday in
April and the first Monday in November of each year, and one grand
jury shall be summoned in each year in each of said circuit and dis-
trict courts. The circuit and district courts for said districts, and
the judges thereof, respectively, shall possess the same powers and
jurisdiction and perform the same duties required to be performed
by the other circuit and district courts and judges of the United
States, and shall be governed by the same laws and regulations. The
marshal, district attorney, and clerks of the circuit and district courts
of said districts, and all other officers and persons performing duties
in the administration of justice therein, shall severally possess the
powers and perform the duties lawfully possessed and required to be
performed by similar officers in other districts of the United States,
and shall, for the services they may perform, receive the fees and com-
pensation now allowed by law to officers performing similar services
for the United States in the Territories of Arizona and New Mexico,
respectively.
Sec. 38. That all cases of appeal or writ of error heretofore prose-
cuted and now pending in the Supreme Court of the United States
upon any record from the supreme court of either of said Territories,
or that may hereafter lawfully be prosecuted upon any record from
said courts, may be heard and determined by said Supreme Court of
the- United States. And the mandate of execution or of further pro-
ceedings shall be directed by the Supreme Court of the United States
to the circuit or district courts, respectively, hereby established within
the said State or to the supreme court of such State, as the nature of
the case may require? And the circuit, district, and State courts
herein named shall, respectively, Ibe the successors of the supreme
courts of the said Territories as to all such cases arising within the
limits or embraced within the jurisdiction of such courts, respectively,
with full power to proceed with the same and award mesne or final
process therein; and that from all judgments and decrees of the
supreme courts of the said Territories mentioned in this Act, in any
case arising within the limits of the proposed State prior to admission,
the parties to such judgment shall have the same right to prosecute
appeals and writs of error to the Supreme Court of the United States
or to the circuit court of appeals as they shall have had by law prior
to the admission of said State into the Union.
7254— VOL 5—09 29
2980 Oklahoma— 1906
Sec. 39. That in respect to all cases, proceedings, and matters now
pending in the supreme or district courts of the said Territories at the
time of the admission into the Union of the said State, and arising
within the limits of such State, whereof the circuit or district courts
by this Act established might have had jurisdiction under the laws of
the United States had such courts existed at the time of the commence-
ment of such cases, the said circuit and district courts, respectively,
shall be the successors of said supreme and district courts of said Ter-
ritories, respectively; and in respect to all other cases, proceedings,
and matters pending in the supreme or district courts of the said Ter-
ritories at the time of the admission of such Territories into the Union,
arising within the limits of said State, the courts established by such
State shall, respectively, be the successors of said supreme and dis-
trict Territorial courts; and all the files, records, indictments, and
proceedings relating to any such cases shall be transferred to such
circuit, district, and State courts, respectively, and the same shall
be proceeded with therein in due course of law ; but no writ, action,
indictment, cause, or proceeding now pending, or that prior to the
admission of the State shall be pending, in any Territorial court in
said Teritories shall abate by the admission of such State into the
Union, but the same shall be transferred and proceeded with in the
proper United States circuit, district, or State court, as the case may
be : Provided, however. That in all civil actions, causes, and proceed-
ings in which the United States is not a party transfers shall not be
made to the circuit and district courts of the United States except
upon cause shown by written request of one of the parties to such
action or proceeding filed in the proper court; and in the absence of
such request such cases shall be proceeded with in the proper State
courts.
Sec. 40. That the constitutional convention shall by ordinance pro-
vide for the election of officers for a full State government, including
members of the legislature and two Representatives in Congress, at
the time for the election for the ratification or rejection of the con-
stitution; one of which Representatives shall be chosen from a Con-
gressional district comprised of the present Territory of Arizona, to
be known as the First Congressional district, and the other from a
Congressional district comprised of the remainder of said State, to be
known as the Second Congressional district; but the said State gov-
ernment shall remain in abeyance until the State shall be admitted
into the Union as proposed by this Act. In case the constitution of
said State shall be ratified by a majority of the qualified voters of said
Territories voting at the election ,held therefor as hereinbefore pro-
vided, but not otherwise, the legislature thereof may assemble at
Santa Fe, organize, and elect two Senators of the United States in the
manner now prescribed by the laws of the United States ; and the gov-
ernor and secretary of state of the proposed State shall certify the
election of the Senators and Representatives in the manner required
by law, and when such State is admitted into the Union, as provided
in this Act, the Senators and Representatives shall be entitled to be
admitted to seats in Congress and to all rights and privileges of Sena-
tors and Representatives of other States in the Congress of the United
States ; and the officers of the State government formed in pursuance
of said constitution, as provided by the constitutional convention, shall
proceed to exercise all the functions of State officers ; and all laws of
Oklahoma— 1906 2981
said Territories in force at the time of their admission into the Union
shall be in force in the respective portions of said State until changed
by the legislature of said State, except as modified or changed by this
Act or by the constitution of the State; and the laws of the United
States shall have the same force and effect within the said States as
elsewhere w^ithin the United States.
Sec. 41. That the sum of one hundred and fifty thousand dollars, or
so much thereof as may be necessary, is hereby appropriated, out of
any money in the Treasury not otherwise appropriated, for defraying
all and every kind and character of expense incident to the elections
and conventions provided for in this Act ; that is, the payment of the
expenses of holding the election for members of the constitutional
convention and the submission of the question of joint statehood and
the election for the ratification of the constitution, at the same rates
that are paid for similar services under the Territorial laws, respec-
tively, and for the payment of the mileage for and salaries of mem-
bers of the constitutional convention at the same rates that are paid
the said Territorial legislatures under national law, and for the pay-
ment of all proper and necessary expenses, officers, clerks, and messen-
gers thereof, and printing and other expenses incident thereto: Pro-
vided, That any expense incurred in excess of said sum of one hun-
dred and fifty thousand dollars shall be paid by said State. The
said money shall be expended under the direction of the Secretary of
the Interior, and shall be forwarded, to be locally expended in the
present Territory of Arizona and in the present Territory of New
Mexico, through the respective secretaries of said Territories, as may
be necessary and proper, in the discretion of the Secretary of the
Interior, in order to carry out the full intent and meaning of this
Act.
Approved, June 16, 1906.
Note. — For the constitution of Oklahoma of 1907, and the proclamation of
the President admitting the State into the Union, see Volume VII, p. 42G9 et scq.
The State was admitted November 16, 1907 ; the present work was completed
and printed, as certified by the Public Printer, September 9, 1907. — Ed.
OREGON
CONVENTION WITH GREAT BRITAIN— 1818 «
* , * * * * * *
Articue III
It is agreed that any countrjr that may be claimed by either party
on the northwest coast of America, westward of the Stony Mountains,
shall, together with its harbors, bays, and creeks, and the navigation
of all rivers within the same, be free and open for the term of ten
years from the date of the signature of the present convention to
the vessels, citizens, and subjects of the two powers; it being well
understood that this agreement is not to be construed to the prejudice
of any claim which either of the two high contracting parties may
have to any part of the said country, nor shall it be taken to affect
the claims of any other power or State to any part of the said coun-
try; the only object of the high contracting parties, in that respect,
being to prevent disputes and differences among themselves.^
CONVENTION WITH RUSSIA— 1824 «
Article I
It is agreed that, in any part of the Great Ocean, commonly called
the Pacific Ocean, or South Sea, the respective citizens or subjects of
oThiR convention, which made provision for the joint occupation of what is
now the State of Oregon by the United States and Great Britain, was concluded
at London October 20, 1818, and ratifications were exchanged January 19, 1819.
& By a convention concluded August 6, 1827, the provisions of this article were
" indefinitely extended and continued in force," with a proviso that either of the
contracting parties should have the right, on giving twelve months' notice to
the other contracting party, to annul and abrogate the agreement.
A joint resolution, approved April 27, 184G, authorized the President to give
the requisite notice for the abrogation of the joint occupation, that the Oregon
Territory might " no longer than need be remain subject to the evil conse-
quences of the divided allegiance of its American and British j)opulation, and
of the confusion and conflict of national jurisdictions, dangerous to the cher-
ished peace and good understanding of the two countries;" "and that the
attention of the governments of both countries be the more earnestly directed
to the adoption of all proper measures for a speedy and amicable adjustment
of the differences and disputes in regard to the said territory."
c This convention, which made provision for regulating fishing and trading
on the Pacific coast, fixed the line 54° 40' as the northern l)oundary claimed by
the United States. It was concluded at St. Petersburg April 5-17, 1824, ratified
and proclaimed January 12, 1825.
2983
2984 Oregon— 1824
the high contracting Powers shall be neither disturbed nor restrained,
either in navigation or fishing, or in the power of resorting to the
coasts, upon points which may not already have been occupied, for
the purpose of trading with the natives, saving always the restrictions
and conditions determined by the following articles.
Article II
With a view of preventing the rights of navigation and of fishing
exercised upon the Great Ocean by the citizens and subjects of the
high contracting Powers from becoming the pretext for an illicit
trade, it is agreed that the citizens of the United States shall not
resort to any point where there is a Russian establishment, without
the permission of the governor or commander ; and that, reciprocally,
the subjects of Russia shall not resort, without permission, to any
establishment of the United States upon the northwest coast.
Article III
It is moreover agreed that, hereafter, there shall not be formed by
the citizens of the United States, or under the authority of the said
States, any establishment upon the Northwest coast of America, nor
in any of the islands adjacent, to the north of fifty-four degrees and
forty minutes of north latitude ; and that, in the same manner, there
shall be none formed by Russian subjects, or under the authority of
Russia, south of the same parallel.
Article IV
It is, nevertheless, understood that during a term of ten years,
counting from the signature of the present convention, the ships of
both Powers, or which belong to their citizens or subjects respec-
tively, may reciprocally frequent, without any hindrance whatever,
the interior seas, gulfs, harbors, and creeks, upon the coast mentioned
in the preceding article, for the purpose of fishing and trading with
the natives of the country.
Article V
All spirituous liquors, fire-arms, other arms, powder, and muni-
tions of war of every kind, are always excepted from this same com-
merce permitted by the preceding article; and the two Powers
engage, reciprocally, neither to sell, nor suffer them to be sold, to the
natives by their respective citizens and subjects, nor by any person
who may be under their authority. It is likewise stipulated that this
restriction shall never afford a pretext, nor be advanced, in any case,
to authorize either search or detention of the vessels, seizure of the
merchandize, or, in fine, any measures of constraint whatever towards
the merchants or the crews who may carry on this commerce; the
hi^h contracting Powers reciprocally reserving to themselves to deter-
mine upon the penalties to be incurred, and to inflict the punishments
in case- of the contravention of this article by their respective citizens
or subjects.
Oregon— 1846 2985
TREATY WITH GREAT BRITAIN~1846 «
The United States of America and Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, deeming it to be
desirable for the future welfare of both countries that the state of
doubt and uncertainty which has hitherto prevailed respecting the
sovereignty and government of the territory on the northwest coast
of America, lying westward of the Rocky or Stony Mountains, should
be finally terminated by an amicable compromise of the rights mutu-
ally asserted by the two parties over the said territory, have respec-
tively named plenipotentiaries to treat and agree concerning the terms
of such settlement, that is to say :
The President of the United States of America has, on his part,
furnished with full powers James Buchanan, Secretary of State of
the United States, and Her Majesty the Queen of the United King-
dom of Great Britain and Ireland has, on her part, appointed the
Right Honorable Richard Pakenham, a member of Her Majesty's
Most Honorable Privy Council, and Her Majesty's Envoy Extraordi-
nary and Minister Plenipotentiary to the United States;
Who, after having communicated to each other their respective
full powers, found in good and due form, have agreed upon and con-
cluded the following articles :
Article I
From the point on the forty-ninth parallel of north latitude, where
the boundary laid down in existing treaties and conventions between
the United States and Great Britain terminates, the line of boundary
between the territories of the United States and those of Her Britan-
nic Majesty shall be continued westward along the said forty-ninth
parallel of north latitude to the middle of the channel which separates
the continent from Vancouver's Island, and thence southerly through
the middle of the said channel, and of Fuca's Straits, to the Pacific
Ocean : Pro oided^ however^ That the navigation of the whole of the
said channel and straits, south of the forty-ninth parallel of north
latitude, remain free and open to both parties.
Article II
From the point at which the forty-ninth parallel of north latitude
shall be found to intersect the ^reat northern branch of the Columbia
River, the navigation of the said branch shall be free and open to the
Hudson's Bay Company, and to all British subjects trading with the
same, to the point where the said branch meets the main stream of the
Columbia, and thence down the said main stream to the ocean, with
free access into and through the said river or rivers, it being under-
stood that all the usual portages along the line thus described shall, in
like manner, be free and open. In navigating the said river or rivers,
British subjects, with their goods and produce, shall be treated on the
same footing as citizens of the United States; it being, however,
always understood that nothing in this article shall be construed as
a This treaty was concluded at Washington June 15, 184G, ratifications were
exchanged July 17, 1846, and it was proclaimed August 5, 1846.
2986 Oregon— 1848
preventing, or intended to prevent, the Government of the United
States from making any regulations respecting the navigation of the
said river or rivers not inconsistent with the present treaty.
Article III
In the future appropriation of the territory south of the forty-ninth
parallel of north latitude, as provided in the first article of this treaty,
the possessory rights of the Hudson's Bay Company, and of all Brit-
ish subjects who may be already in the occupation of land or other
property lawfully acquired within the said territory, shall be re-
spected.
Article IV
The farms, lands, and other property of every description belong-
ing to the Puget's Sound Agricultural Company, on the north side of
the Columbia River, shall be confirmed to the said company. In case,
however, the situation of those farms and lands should be considered
by the United States to be of public and political importance, and
the United States Government should signify a desire to obtain pos-
session of the whole, or of any part thereof, the property so required
shall be transferred to the said Government, at a proper valuation, to
be agreed upon between the parties.
Article V
The present treaty shall be ratified by the President of the United
States, by and with the advice and consent of the Senate thereof, and
by Her Britannic Majesty; and the ratifications shall be exchanged
at London, at the expiration of six months from the date hereof, or
sooner if possible.
In witness whereof the respective plenipotentiaries have signed the
same, and have affixed thereto the seals of their arms.
Done at Washington the fifteenth day of June, in the year of our
Lord one thousand eight hundred and forty-six.
James Buchanan. [l. s.]
Richard Pakenham. [l. s.]
THE TERRITOEIAL GOVERNMENT OF OREGON— 1848 «
[Thirtieth Congress, First Session]
An Act to establish the territorial government of Oregon
Be it enacted ty the Senate and House of Representatives of the
United States of America in Goiigress assembled^ That from and
after the passage of this act, all that part of the Territory of the
United States which lies west of the summit of the Eocky Mountains,
o See also the acts to authorize extension of session of legislature, July 18,
1850; and to fix the seat of government, May 4, 1852.
A provisional government was* established in Oregon in 1841, by the emi-
grants, from the United States, and a constitution was adopted July 5, 1843,
which was recognized. General Joseph Lane, the first territorial governor,
arrived, and, by proclamation, put the territorial government into operation
March 3, 1849.
Oregon— 184^ 2987
north of the forty-second degree of north latitude, known as the Ter-
ritory of Oregon, shall be organized into and constitute a temporary
government, by the name of the Territory of Oregon: Provided^
That nothing in this act contained shall be construed to impair the
rights of person or property now pertaining to the Indians in said
Territory, so long as such rights shall remain unextinguished by
treaty between the United States and such Indians, or to affect the
authority of the Government of the United States to make any regu-
lation respecting such Indians, their lands, property, or other rights,
by treaty, law, or otherwise, which it would have been competent to
the Government to make if this act had never passed : And provided
also, That the title to the land, not exceeding six hundred and forty
acres, now occupied as missionary stations among the Indian tribes
in said Territory, together with the improvements thereon, be con-
firmed and established in the several religious societies to which said
missionary stations respectively belong : And provided further, That
nothing in this act contained shall be construed to inhibit the Gov-
ernment of the United States from dividing the said Territory into
two or more Territories, in such manner and at such times as Con-
gress shall deem convenient and proper, or from attaching any por-
tion of said Territory to any other State or Territory of the United
States.
Sec. 2. And he it further enacted, That the executive power and
authority in and over said Territory of Oregon shall be vested in a gov-
ernor, who shall hold his office for four years, and until his successor
shall be appointed and qualified, unless sooner removed by the Presi-
dent of the United States. The governor shall reside within said Terri-
tory, shall be commander-in-chief of the militia thereof, shall perform
the duties and receive the emoluments of superintendent of Indian
affairs; he may grant pardons and respites for offences against the
laws of said Territory, and reprieve for offences against the laws of
the United States, until the decision of the President can be made
known thereon ; he shall commission all officers who shall be appointed
to office under the laws of the said Territory, where, by law, such
commissions shall be required, and shall take care that the laws be
faithfully executed.
Sec. 3. And he it further enacted, That there shall be a secretary of
said Territory, who shall reside therein, and hold his office for five
years, unless sooner removed by the President of the United States;
he shall record and preserve all the laws and proceedings of the legis-
lative assembly hereinafter constituted, and all the acts and proceed-
ings of the governor in his executive department; he shall transmit
one copy of the laws and journals of the legislative assembly within
thirty days after the end of each session, and one copy of the execu-
tive proceedings and official correspondence, semi-annually, on the
first days of January and July in each year, to the President of the
United States, and two copies of the laws to the President of the Sen-
ate and to the Speaker of the House of Representatives, for the use
of Congress. And in case of the death, removal, resignation, or
absence of the governor from the Territory, the secretary shall be,
and he is hereby, authorized and required to execute and perform
all the powers and duties of the governor during such vacancy or
absence, or until another governor shall be duly appointed and
qualified to fill such vacancy.
2988 Oregon— 1848
Sec. 4. And he it further enacted^ That the legislative power and
authority of said Territory shall be vested in a legislative assembly.
The legislative assembly shall consist of a council and house of repre-
sentatives. The council shall consist of nine members, having the
qualifications of voters as hereinafter prescribed, whose term of
service shall continue three years. Immediately after they shall be
assembled, in consequence of the first election, they shall be divided
as equally as may be into three classes. The seats of the members of
council 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; and if vacancies happen by resignation
or otherwise, the same shall be filled at the next ensuing election. The
house of representatives shall, at its first session, consist of eighteen
members, possessing the same qualifications as prescribed for mem-
bers of the council, and whose term of service shall continue one year.
The number of representatives may be increased by the legislative
assembly from time to time, in proportion to the increase of qualified
voters: Provided^ That the whole number shall never exceed thirty.
An apportionment shall be made, as nearly equal as practicable,
among the several counties or districts, for the election of the council
and representatives, giving to each section of the Territory repre-
sentation in the ratio of its qualified voters, as nearly as may be. And
the members of the council and of the house of representatives shall
reside in and be inhabitants of the district, or county or counties, for
which they may be elected respectively. Previous to the first election,
the governor shall cause a census or enumeration of the inhabitants
and qualified voters of the several counties and districts of the Terri-
tory to be taken by such persons, and in such mode, as the governor
shall designate and appoint; and the persons so appointed shall
receive a reasonable compensation therefor; and the first election
shall be held at such time and places, and be conducted in such man-
ner, both as to the persons who shall superintend such election, and
the returns thereof, as the governor shall appoint and direct ; and he
shall, at the same time, declare the number of members of the council
and house of representatives to which each of the counties or districts
shall be entitled under this act; and the governor shall, by his proc-
lamation, give at least sixty days' previous notice of such apportion-
ment, and of the time, places, and manner of holding such election.
The persons having the highest number of legal votes in each of said
council districts for members of the council shall be declared by the
governor to be duly elected to the council ; and the persons having the
highest number of legal votes for the house of representatives shall
be declared by the governor to be duly elected members of said house :
Provided^ That in case two more persons voted for shall have an
equal number of votes, and in case a vacancy shall otherwise occur in
either branch of the legislative assembly, the governor shall order a
new election ; and the persons thus elected to the legislative assembly
shall meet at such place, and on such day, within ninety days after
such elections, as the governor shall appoint; but, thereafter, the
time, place, and manner of holding and conducting all elections by
the people, and the apportioning the representation in the several
counties or districts to the council and house of representatives,
according to the number of qualified voters, shall be prescribed by
Oregon— 1S4S 2989
law, as well as the day of the commencement of the regular sessions
of the legislative assembly: Provided^ That no session in any one
year shall exceed the term of sixty days, except the first session,
which shall not be prolonged beyond one hundred days.
Sec. 5. And he it further enacted^ That every white male inhabitant
above the age of twenty-one years, who shall have been a resident of
said Territory at the time of the passage of this act, and shall possess
the qualifications hereinafter prescribed, shall be entitled to vote
at the first election, and shall be eligible to any office within the said
Territory; but the qualifications of voters and of holding office,
at all subsequent elections, shall be such as shall be prescribed by the
legislative assembly : ' Provided^ That the right of suffrage and of
holding office shall be exercised only by citizens of the United
States above the age of twenty-one years, and those above that age
who shall have declared, on oath, their intention to become such,
and shall have taken an oath to support the Constitution of the
United States and the provisions of this act : And provided further^
That no officer, soldier, seaman, or marine, or other person in the
Army or Navy of the United States, or attached to troops in the
service of the United States, shall be allowed to vote in said Ter-
ritory, by reason of being on service therein, unless said Territory is
and has been for the period of six months his permanent domicile:
Provided further^ That no person belonging to the Army or Navy
of the United States shall ever be elected to or hold any civil office
or appointment in said Territory.
Sec. 6. And he it further enacted^ That the legislative power of
the Territory shall extend to all rightful subjects of legislation not
inconsistent with the constitution and laws of the United States;
but no law shall be passed interfering with the primary disposal
of the soil ; no tax shall be imposed upon the property of the United
States; nor shall the lands or other property of non-residents be
taxed higher than the lands or other property of residents. All
the laws passed by the legislative assembly shall be submitted to the
Congress of the United States, and if disapproved, shall be null
and of no effect: Provided^ That nothing in this act shall be con-
strued to give power to incorporate a bank, or any institution with
banking powers, or to borrow money in the name of the Ter-
ritory, or to pledge the faith of the people of the same for any
loan whatever, either directly or indirectly. No charter granting
any privilege of making, issuing, or putting into circulation any
notes or bills in the likeness of bank-notes, or any bonds, scrip,
drafts, bills of exchange or obligations, or granting any other bank-
ing powers or privileges, shall be passed by the legislative assembly ;
nor shall the establishment of any branch or agency of any such cor-
poration, derived from other authority, be allowed in said Territory ;
nor shall said legislative assembly authorize the issue of any obli-
gation, scrip, or evidence of debt by said Territory, in any mode
or manner whatever, except certificates for services to said Territory ;
and all such laws, or any law or laws inconsistent with the provisions
of this act, shall be utterly null and void ; and all taxes shall be equal
and uniform, and no distinction shall be made in the assessments
between different kinds of property, but the assessments shall be
according to the value thereof. To avoid improper influences which
may result from intermixing in one and the same act such things as
2990 Oregon— 18^8
have no proper relation to each other, every law shall embrace but one
object, and that shall be expressed in the title.
Sec. T. And he it further enacted^ That all township, district, and
county officers, not herein otherwise provided for, shall be appointed
or elected in such manner as shall be provided by the legislative
assembly of the Territory of Oregon.
Sec. 8. And he it further enacted^ That no member of the legis-
lative assembly shall hold, or be appointed to, any office which shall
have been created, or the salary or emoluments of which shall have
been increased, while he was a member, during the term for which
he was elected, and for one year after the expiration of such term;
but this restriction shall not be applicable to members of the first
legislative assembly ; and no person holding a commission or appoint-
ment under the United States shall be a member of the legislative
assembly, or shall hold any office under the government of said
Territory.
Sec. 9. And he it further enacted^ That the judicial power of said
Territory shall be vested in a supreme court, district courts, probate
courts, and in justices of the peace. The supreme court shall consist
of a chief justice and two associate justices, any two of Avhom shall
constitute a quorum, and who shall hold a term at the seat of govern-
ment of said Territory annually, and they shall hold their offices
during the period of four years, and until their successors shall be
appointed and qualified. The said Territory shall be divided into
three judicial districts, and a district court shall be held in each of
said districts by one of the justices of the supreme court, at such
times and places as may be prescribed by law ; and the said judges
shall, after their appointments, respectively, reside in the districts
which shall be assigned them. The jurisdiction of the several courts
herein provided for, both appellate and original, and that of the
probate courts and of justices of the peace, shall be as limited by law :
Provided^ That justices of the peace shall not have jurisdiction of
any case in which the title to land shall in any wise come in question,
or where the debt or damages claimed shall exceed one hundred dollars ;
and the said supreme and district courts, respectively, shall possess
chancery as well as common-law jurisdiction. Each district court,
or the judge thereof, shall appoint its clerk, who shall also be the
register in chancery, and shall keep his office at the place where the
court may be held. Writs of error, bills of exception, and appeals,
shall be allowed in all cases from the final decisions of said district
courts to the supreme court, under such regulations as may be pre-
scribed by law ; but in no case removed to the supreme court, shall
trial by jury be allowed in said court. The supreme court, or the
justices thereof, shall appoint its own clerk, and every clerk shall
hold his office at the pleasure of the court for which he shall have
been appointed. Writs of error and appeals from the final decisions
of said supreme court shall be allowed, and may be taken to the
Supreme Court of the United States, in the same manner and under
the same regulations as from the circuit courts of the United States,
where the value of the property or the amount in controversy, to be
ascertained by the oath or affirmation of either party, or other com-
petwit witness, shall exceed two thousand dollars, and in all cases
where the Constitution of the United States, or acts of Congress, or
a treaty of the United States, is brought in question ; and each of the
Oregon— 1848 2991
said district courts shall have and exercise the same jurisdiction in
all cases arising under the Constitution of the United States and the
laws of said Territory, as is vested in the circuit and district courts
of the United States; writs of error and appeal in all such cases
shall be made to the supreme court of said Territory, the same as in
other cases. Writs of error and appeals from the final decisions of
said supreme court shall be allowed, and may be taken to the Supreme
Court of the United States, in the same manner as from the circuit
courts of the United States, where the value of the property or the
amount in controversy shall exceed two thousand dollars; and each
of said district courts shall have and exercise the same jurisdiction
.in all cases arising under the Constitution and laws of the United
States as is vested in the circuit and district courts of the United
States, and also of all cases arising under the laws of the said Terri-
tory and otherwise. The said clerk shall receive, in all such cases,
the same fees which the clerks of the district courts of the late Wis-
consin Territory received for similar services.
Sec. 10. And he it further enacted^ That there shall be appointed
an attorney for said Territory, who shall continue in office for four
years, and until his successor shall be appointed and qualified,
unless sooner removed by the President, and who shall receive the
same fees and salary as were provided by law for the attorney of the
United States for the -late Territory of Wisconsin. There shall also
be a marshal for the Territory appointed, who shall hold his office
for four years, and until his successor shall be appointed and quali-
fied, unless sooner removed by the President, and w^ho shall execute
all processes issuing from the said courts, when exercising their juris-
diction as circuit and district courts of the United States; he shall
perform the duties, be subject to the same regulation and penalties,
and be entitled to the same fees, as were provided by law for the mar-
shal of the district court of the United States for the present [late]
Territory of Wisconsin ; and shall, in addition, be paid tw.o hundred
dollars annually as a compensation for extra services.
Sec. 11. And he it further enacted^ That the governor, secretary,
chief justice and associate justices, attorney, and marshal, shall be
nominated, and, by and with the advice and consent of the senate,
appointed by the President of the United States. The governor and
secretary, to be appointed as aforesaid, shall, before they act as such,
respectively take an oath or affirmation, before the district judge, or
some justice of the peace in the limits of said Territory, duly author-
ized to administer oaths and affirmations by the laws now in force
therein, or before the chief justice or some associate justice of the
Supreme Court of the United States, to support the Constitution of
the United States, and faithfully to discharge the duties of their
respective offices; which said oaths, when so taken, shall be certified
by the person by whom the same shall have been taken, and such cer-
tificates shall be received and recorded by the said secretary among
the executive proceedings; and the chief justice and associate jus-
tices, and all other civil officers in said Territory, before they act as
such, shall take a like oath or affirmation, before the said governor
or secretary, or some judge or justice of the peace of the Territory,
who may be duly commissioned and qualified; which said oath or
affirmation shall be certified and transmitted by the person taking
2992 Oregon— 1848
the same to the secretary, to be by him recorded as aforesaid; and,
afterwards, the like oath or affirmation shall be taken, certified, and
recorded, in such manner and form as may be prescribed by law.
The governor shall receive an annual salary of fifteen hundred dol-
lars as governor, and fifteen hundred dollars as superintendent of
Indian affairs. The chief justice and associate justices shall each
receive an annual salary of two thousand dollars. The secretary
shall receive an annual salary of fifteen hundred dollars. The said
salaries shall be paid quarter-yearly, from the dates of the respective
appointments, at the Treasury of the United States; but no such
payment shall be made until said officers shall have entered upon
the duties of their respective appointments. The members of the
legislative assembly shall be entitled to receive three dollars each per
day during their attendance at the session thereof, and three dollars
each for every twenty miles' travel in going to and returning from
said sessions, estimated according to the nearest usually travelled
route. And a chief clerk, one assistant clerk, a sergeant-at-arms, and
door-keeper may be chosen for each house; and the chief clerk shall
receive five dollars per day, and the said other officers three dollars
per day, during the session of the legislative assembly, but no other
officers shall be paid by the United States : Provided^ That there shall
be but one session of the legislature annually, unless, on an extraor-
dinary occasion, the governor shall think proper to call the legis-
lature together. There shall be appropriated annually the sum of
fifteen hundred dollars, to be expended by the governor to defray
the contingent expenses of the Territory, including the salary of a
clerk of the executive department; and there shall also be appropri-
ated annually a sufficient sum, to be expended by the secretary of the
Territory, and upon an estimate to be made by the Secretary of the
Treasury of the United States, to defray the expenses of the legis-
lative assembly, the printing of the laws, and other incidental
expenses; and the governor and secretary of the Territory shall, in
the disbursement of all moneys intrusted to them, be governed solely by
the instructions of the Secretary of the Treasury of the United States,
and shall, semi-annually, account to the said Secretary for the man-
ner in which the aforesaid [sum] moneys shall have been expended;
and no expenditure, to be paid out of money appropriated by Con-
gress, shall be made by said legislative assembly for objects not spe-
cially authorized by the acts of Congress making the appropriations,
nor beyond the sums thus appropriated for such objects.
Sec. 12. And he it further enacted^ That the rivers and streams of
water in said Territory of Oregon in which salmon are found, or to
which they resort, shall not be obstructed by dams or otherwise, unless
such dams or obstructions are so constructed as to allow salmon to
pass freely up and down such rivers and streams.
Sec. 13. And he it further enacted^ That the sum of ten thousand
dollars be, and is hereby, appropriated, to be expended under the
direction of the President of the United States, in payment for the
services and expenses of such persons as have been engaged by the
provisional government of Oregon in conveying communications to
and from the United States, and the purchase of presents for such of
the Indian tribes as the peace and quietude of the country requires.
Sec. 14. And he it further enacted. That the inhabitants of said
Territory shall be entitled to enjoy all and singular the rights, priv-
Oregon— 1848 2993
ileges, and advantages granted and secured to the people of the terri-
tory of the United States northwest of the river Ohio, by the articles
of compact contained in the ordinance for the government of said
territory, on the thirteenth day of July, seventeen hundred and
eighty-seven; and shall be subject to all the conditions, and restric-
tions, and prohibitions in said articles of compact imposed upon the
people of said territory; and the existing laws now in force in the
Territory of Oregon, under the authority of the provisional govern-
ment established by the people thereof, shall continue to be valid and
operative therein, so far as the same be not incompatible with the
Constitution of the United States, and the principles and provisions
of this act ; subject, nevertheless, to be altered, modified, or repealed
by the legislative assembly of the said Territory of Oregon; but all
laws heretofore passed in said Territory making grants of land, or
otherwise affecting or incumbering the title to lands, shall be, and are
hereby declared to be, null and void; and the laws of the United
States are hereby extended over and declared to be in force in said
Territory, so far as the same, or any provision thereof, may be appli-
cable.
Sec. 15. And he it further enacted^ That the legislative assembly of
the Territory of Oregon shall hold its first session at such time and
place in said Territory as the governor thereof shall appoint and
direct; and at said first session, or as soon thereafter as they shall
deem expedient, the legislative assembly shall proceed to locate and
establish the seat of government for said Territory at such place as
they may deem eligible; which place, however, shall thereafter be
subject to be changed by said legislative assembly. And the sum of
five thousand dollars, out of any money in the Treasury not otherwise
appropriated, is hereby appropriated and granted to said Territory
of Oregon, to be there applied, by the governor, to the erection of
suitable buildings at the seat of government.
Sec. 16. And he it further enacted^ That a Delegate to the House
of Representatives of the United States, to serve for the term of two
years, who shall be a citizen of the United States, may be elected by
the voters qualified to elect members of the legislative assembly, who
shall be entitled to the same rights and privileges as have been here-
tofore exercised and enjoyed by the Delegates from the several other
Territories of the United States to the said House of Representa-
tives; but the Delegate first elected shall hold his seat only during
the term of the Congress to which he shall be elected. The first elec-
tion shall be held at such time and places, and be conducted in -such
manner, as the governor shall appoint and direct ; of which, and the
time, place, and manner of holding such elections, he shall give at
least sixty days' notice by proclamation ; and at all subsequent elec-
tions, the times, places, and manner of holding the elections shall be
prescribed by law. The person having the greatest number of votes
shall be declared by the governor to be duly elected, and a certificate
thereof shall be given accordingly. The Delegate from said Terri-
tory shall not be entitled to receive more than twenty-five hundred
dollars at any one session of Congress, as a compensation for his
mileage, in going to and returning from the seat of government
of the United States, any act of Congress to the contrary notwith-
standing.
2994 Oregon— 1848
Sec. 17. And he it further enacted^ That all suits, process, and pro-
ceedings, civil and criminal, at law and in chancery, and all indict-
ments and informations, which shall be pending and undetermined in
the courts established by authority of the provisional government of
Oregon, within the limits of said Territory, when this act shall take
effect, shall be transferred to be heard, tried, prosecuted, and deter-
mined in the district courts hereby established,' which may include
the counties or districts where any such proceeding may be pending.
All bonds, recognizances, and obligations of every kind whatsoever,
valid under the existing laws within the limits of said Territory,
shall be valid under this act ; and all crimes and misdemeanors against
the laws in force within said limits may be prosecuted, tried, and
punished in the courts established by this act ; and all penalties, for-
feitures, actions, and causes of action, may be recovered under this
act in like manner as they would have been under the laws in force
within the limits composing said Territory at the time this act shall
go into operation : Provided^ That the laws, penalties, and forfeitures,
and punishments, by this section required to be enforced by the courts
provided for by this act, shall not be inconsistent with the Constitu-
tion of the United States: And provided further^ That no right of
action whatever shall accrue against any person for any act done in
pursuance of any law heretofore passed by the temporary govern-
ment, and which may be declared contrary to the Constitution of the
United States.
Sec. 18. And he it further enacted^ That all justices of the peace,
constables, sheriffs, and all other judicial and ministerial officers, who
shall be in office within the limits of said Territory when this act
shall take effect, shall be, and they are hereby, authorized and required
to contnue to exercise and perform the duties of their respective offi-
ces as officers of the Territory of Oregon until they or others shall
be duly elected or appointed, and qualified to fill their places in the
manner herein directed, or until their offices shall be abolished.
Sec. 19. And he it further enacted^ That the sum of five thousand
dollars be, and the same is hereby, appropriated, out of any moneys
in the Treasury not otherwise appropriated, to be expended, by and
under the direction of the said governor of the Territory of Oregon,
in the purchase of a library, to be kept at the seat of government, for
the use of the governor, legislative assembly, judges of the supreme
court, secretary, marshal, and attorney of said Territory, and such
other persons, and under such regulations, as shall be prescribed by
law.-
Sec. 20. And he it further enacted^ That when the lands in the said
Territory shall be surveyed under the direction of the Government of
the United States, preparatory to bringing the same into market, sec-
tions numbered sixteen and thirty-six in each township in said Terri-
tory shall be, and the same is hereby, reserved for the purpose of being
applied to schools in said Territory, and in the States and Territories
hereafter to be erected out of the same.
Sec. 21. And he it further enacted^ That until otherwise provided
for by law, the governor of said Territory may define the judicial
districts of said Territory, and assign the judges who may be ap-
pointed for said Territory to the several districts, and also appoint
Oregon— 18^8 2995
the times and places for holding courts in the several counties or sub-
divisions in each of said judicial districts, by proclamation to be
issued by him ; but the legislative assembly, at their first or any sub-
sequent session, may organize, alter, or modify such judicial districts,
and assign the judges, and alter the time and places of holding the
courts, as to them shall seem proper and convenient.
Sec. 22. And he it further enacted. That all officers to be appointed
by the President, by and with the advice and consent of the Senate,
for the Territory of Oregon, who by virtue of the provisions of any
law now existing, or which may be enacted during the present Con-
gress, are required to give security for moneys that may be intrusted
with them for disbursement, shall give such security, at such time and
place, and in such manner, as the Secretary of the Treasury may pre-
scribe.
Sec. 23. And he it further enacted^ That all the ports, harbors,
shores, and waters of the main-land of the Territory aforesaid shall
constitute a collection district, to be called the district of Oregon ; and
a port of entry shall be established at Astoria, near the mouth of the
Columbia River, and a collector of customs shall be appointed by the
President, by and with the advice and consent of the Senate, to reside
at such port of entry.
Sec. 24. And he it further enacted^ That the President of the
United States be, and he is hereby, authorized to establish such ports
of delivery in the district created by this act, not exceeding two in
number, (one of which shall be located on Fugefs Sound,) as he may
deem expedient, and may appoint, by and with the advice and consent
of the Senate, surveyors to reside thereat.
Sec. 25. And he it further enacted^ That the collector of said dis-
trict shall be allowed a compensation of one thousand dollars per
annum and the fees allowed by law; and the compensation of any
surveyor appointed in pursuance of this act shall not exceed five hun-
dred dollars per annum, including in said sum the fees allowed by
law; and the amount collected by any of said surveyors, for fees in
any one year, exceeding the sum of five hundred dollars, shall be
accounted for and paid into the Treasury of the United States.
Sec. 26. And he it further enacted^ That the revenue-laws of the
United States be, and are hereby, extended over the Territory of
Oregon.
Sec. 27. And he it further enacted^ That the sum of fifteen thou-
sand dollars be, and the same is hereby, appropriated, out of any mon-
eys in the Treasury not otherwise appropriated, to be expended under
tiie direction of the Secretary of the Treasury, for the construction
of light-houses at Cape Disappointment and New Dunginess ; and for
the construction and anchormg of the requisite number of buoys, to
indicate the channels at the mouth of the Columbia River, and the
approaches to the harbor of Astoria ; the said buoys to be placed and
anchored under the direction of such persons as the Secretary of the
Treasury shall appoint.
Approved, August 14, 1848.
7254— VOL 5—09 30
2996 Oregon— 1859
ADMISSION OF THE STATE OF OREGON— 1859
[Thiety-fifth Congress, Second Session]
An Act for the Admission of Oregon into the Union
Whereas the people of Oregon have framed, ratified, and adopted a
constitution of State government which is republican in form, and in
conformity with the Constitution of the United States, and have
applied for admission into the Union on an equal footing with the
other States : Therefore,
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled^ That Oregon be,
and she is hereby, received into the Union on an equal footing with
the other States in all respects whatever, with the following bounda-
ries: In order that the boundaries of the State may be known and
established, it is hereby ordained and declared that the State of
Oregon shall be bounded as follows, to wit: Beginning one marine
league at sea due west from the point where the forty-second parallel
of north latitude intersects the same; thence northerly at the same
distance from the line of the coast, lying west and opposite the State,
including all islands within the jurisdiction of the United States, to
a point due west and opposite the middle of the north ship-channel of
the Columbia River ; thence easterly, to and up the middle channel of
said river, and, where it is divided by islands, up the middle of the
widest channel thereof, to a point near Fort Walla- Walla, where the
forty-sixth parallel of north latitude crosses said river; thence east
on said parallel to the middle of the main channel of the Shoshones or
Snake River; thence up the middle of the main channel of said river
to the mouth of the Owyhee River ; thence due south to the parallel of
latitude forty-two degrees north; thence west along said parallel to
the place of beginning, including jurisdiction in civil and criminal
cases upon the Columbia River and Snake River, concurrently with
States and Territories of which those rivers form a boundary in com-
mon with this State.
Sec. 2. And he it further enacted^ That the said State of Oregon
shall have concurrent jurisdiction on the Columbia and all other
rivers and waters bordering on the said State of Oregon so far as the
same shall form a common boundary to said State, and any other
State or States now or hereafter to be formed or bounded by the same ;
and said rivers and w^aters, and all the navigable waters of said State,
shall be common highways and forever free, as well as to the inhab-
itants of said State as to all other citizens of the United States, with-
out any tax, duty, impost, or toll therefor.
Sec. 3. And he it further enacted^ That until the next census and
apportionment of Representatives, the State of Oregon shall be enti-
tled to one Representative in the Congress of the United States.
Sec. 4. And he it further enacted^ That the following propositions
be, and the same are hereby, offered to the said people of Oregon for
their free acceptance or rejection, which, if accepted, shall be obliga-
tory ,on the United States and upon the said State of Oregon, to wit :
Oregon— 1859 2997
First, That sections numbered sixteen and thirty-six in every town-
ship of public lands in said State, and Avhere either of said sections,
or any jjart thereof, has been sold or otherwise been disposed of, other
lands equivalent thereto, and as contiguous as may be, shall be granted
to said State for the use of schools. Second, That seventy-two sec-
tions of land shall be set apart and reserved for the use and support
of a State university, to be selected by the governor of said State,
subject to the approval of the Commissioner of the General Land-
Office, and to be appropriated and applied in such manner as the leg-
islature of said State may prescribe for the purpose aforesaid, but for
no other purpose. Third, That ten entire sections of land, to be
selected by the governor of said State, in legal subdivisions, shall be
granted to said State for the purpose of completing the public build-
ings, or for the erection of others at the seat of government, under the
direction of the legislature thereof. Fourth, That all salt-springs
within said State, not exceeding twelve in number, with six sections
of land adjoining, or as contiguous as may be to each, shall be granted
to, said State for its use, the same to be selected by the governor thereof
within one year" after the admission of said State, and when so
selected to be used or disposed of on svich terms, conditions, and regu-
lations as the legislature shall direct: Provided^ That no salt-spring
or land, the right w^hereof is now vested in any individual or indi-
viduals, or which may be hereafter confirmed or adjudged to any indi-
vidual or individuals, shall by this article be granted to said State.
Fifth, That five per centum of the net proceeds of sales of all public
liinds lying within said State which shall be sold by Congress after the
admission of said State into the Union, after deducting all the expenses
incident to the same, shall be paid to said State, for the purpose of
making public roads and internal improvements, as the legislature
shall direct: Provided^ That the foregoing propositions, hereinbefore
offered, are on the condition that the people of Oregon shall provide
by an ordinance, irrevocable without the consent of the United States,
that said State shall never interfere with the primary disposal of the
soil within the same by the United States, or with any regulations
Congress may find necessary for securing the title in said soil to bona
fide purchasers thereof; and that in no case shall non-resident pro-
prietors be taxed higher than residents. Sixth, And that the said State
shall never tax the lands or the property of the United States in
said State: Promded^ howerer^ That in case any of the lands herein
granted to the State of Oregon have heretofore been confirmed to the
Territory of Oregon for the purposes specified in this act, the amount
so confirmed shall be deducted from the quantity specified in this act.
Sec. 5. And he it ft/rfhe?' enacted. That, until Congress shall other-
wise direct, the residue of the Territory of Oregon shall be, and is
hereby, incorporated into and made a part of the Territory of Wash-
ington.
Approved, February 14, 1859.
« This term was extended from one to three years by the act approved Decem-
ber 17, 1860.
2998 Oregon— 1857
CONSTITUTION OF OREGON— 1857 * «
We, the people of the State of Oregon, to the end that justice be
established, or maintained, and liberty perpetuated, do ordain this
constitution.
Article I
BILL OF RIGHTS
Section 1. We declare that all men, when they form a social com-
pact, are equal in rights; that all power is inherent in the people,
and all free governments are founded on their authority and insti-
tuted for their peace, safety, and happiness; and they have at all
times a right to alter, reform, or abolish the government in such man-
ner as they may think proper.
Sec. 2. All men shall be secured in their natural right to worship
Almighty God according to the dictates of their own consciences.
Sec. 3. No law shall, in any case whatever, control the free exercise
and enjoyment of religious opinions, or interfere with the rights of
conscience.
Sec. 4. No religious test shall be required as a qualification for any
office of trust or profit.
Sec. 5. No money shall be drawn from the treasury for the benefit
of any religious or theological institution, nor shall any money be
appropriated for the payment of any religious service, in either house
of the legislative assembly.
Sec. 6. No person shall be rendered incompetent as a witness or
juror in consequence of his opinions on matters of religion, nor be
questioned in any court of justice touching his religious belief to
aifect the w^eight of his testimony.
Sec. 7. The mode of administering an oath or affirmation shall be
such as may be most consistent with, and binding upon, the conscience
of the person to whom such oath or affirmation may be administered.
Sec. 8. No law shall be passed restraining the free expression of
opinion, or restricting the right to speak, write, or print freely on any
subject whatever, but every person shall be responsible for the abuse
of this right.
Sec. 9. No law shall violate the right of the people to be secure in
their persons, houses, papers, and effects against unreasonable search
or seizure; and no warrant shall issue but upon probably cause,
supported by oath or affirmation, and particularly describing the
place to be searched and the person or thing to be seized.
* " Journal of the Constitutional Convention of the State of Oregon, held at
Salem, commencing August 17. 1857, together with the Constitution adopted
by the people, November 9, 1857. Published by authority. Salem, Oregon:
W. H. Byars, State Printer. 1882." 130 pp.
The Debates in this Convention of Oregon 1857 were reported in " The
Morning Oregonian," I*ortland, Oregon. Vol. vii, nos. 39^6, inclusive.
Q'he later amendments from reprint of same furnished by the Secretary of
State of Oregon, March 29, 1907. Editor.
oThis constitution was framed by a convention, chosen under a territorial
act, (no "enabling act" having been passed by Congress,) which assembled at
Salem August 17, 1857, and completed its labors September 18, 1857. It was
submitted to the people November 9, 1857, and ratified by 7,195 votes against
3,195 votes.
Oregon— 1857 2999
Sec. 10. No court shall be secret, but justice shall be administered
openly and without purchase, completely and without delay, and
every man shall have remedy by due course of law for injury done
him in his person, property, or reputation.
Sec. 11. In all criminal prosecutions the accused shall have the
right to public trial by an impartial jury in the county in which
the offence shall have been committed; to be heard by himself and
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,
and to have compulsory process for obtaining witnesses in his favor.
Sec. 12. No person shall be put in jeopardy twice for the same
offence, nor be compelled in any criminal prosecution to testify
against himself.
Sec. 13. No person arrested or confined in jail shall be treated with
unnecessar}^ rigor.
Sec. 14. Offenses, except murder and treason, shall be bailable by
sufficient sureties. Murder and treason shall not be bailable where
the proof is evident or the presumption strong.
Sec. 15. Laws for the punishment of crime shall be founded on the
principles of reformation, and not of vindictive justice.
Sec. 16. Excessive bail shall not be required, nor excessive fines
imposed. Cruel and unusual punishments shall not be inflicted, but
all penalties shall be proportioned to the offence.
Sec. 17. In all criminal cases whatever the jury shall have the right
to determine the law and the facts, under the direction of the court
as to the law, and the right of new trial, as in civil cases.
Sec. 18. In all civil cases the right of trial by jury shall remain
inviolate.
Sec. 19. Private property shall not be taken for public use, nor the
particular services of any man be demanded without just compensa-
tion, nor, except in the case of the State, without such compensation
first assessed and tendered.
Sec. 20. There shall be no imprisonment for debt, except in case of
fraud or absconding debtors.
Sec. 21. No law shall be passed granting to any citizen or class of
citizens privileges or immunities which, upon the same terms, shall
not equally belong to all citizens.
Sec. 22. No ex post facto law, or law impairing the obligations of
contracts, shall ever be passed, nor shall any law be passed the taking
effect of which shall be made to depend upon any authority except as
provided in this constitution: Provided^ That law^s locating the
capital of the State, locating county-seats, and submitting town and
city corporate acts and other local and special laws may take effect or
not, upon a vote of the electors interested.
Sec. 23. The operation of the laws shall never be suspended except
by the authority of the legislative assembly.
Sec. 24. The privilege of the writ of habeas corpus shall not be sus-
pended unless, in case of rebellion or invasion, the public safety
require it.
Sec. 25. Treason against the State shall consist only in levying war
against it, or adhering to its enemies, giving them aid or comfort.
No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or confession in open court.
3000 Oregon— 1857
Sec. 26. No conviction shall Avork corruption of blood .or forfeiture
of estate.
Sec. 27. No law shall be passed restraining any of the inhabitants
of the State from assembling together in a peaceable manner to consult
for their common good, nor for instructing their representatives, nor
from applying to the legislature for redress of grievances.
Sec. 28. The people shall have the right to bear arms for the defence
of themselves and the State, but the military shall be kept in strict
subordination to the civil power.
Sec. 29. No soldier shall, in time of peace, be quartered in any house
without the consent of the owner, nor in time of war, except in man-
ner prescribed by law.
Sec. 30. No law shall be passed granting any title of nobility or
conferring hereditary distinction.
Sec. 31. No law^ shall be passed prohibiting emigration from the
State.
Sec. 32. White foreigners, who are or may hereafter become resi-
dents of this State, shall enjoy the same rights in respect to the pos-
session, enjoyment, and descent of property as native-born citizens.
And the legislative assembly shall have power to restrain and regu-
late the immigration to this State of persons not qualified to become
citizens of the United States.
Sec. 33. No tax or duty shall be imposed without the consent of the
people or their representatives in the legislative assembly, and all
taxation shall be equal and uniform.
Sec. 34. This enumeration of rights and privileges shall not be con-
strued to impair or deny others retained by the people.
Sec. 35. There shall be neither slavery nor involuntary servitude
in the State, otherwise than as a punishment for crime, whereof the
party shall have been duly convicted.
Sec. 36. No free negro or mulatto, not residing in this State at the
time of the adoption of this Constitution, shall come, reside or be
within this State, or hold any real estate, or make any contracts, or
maintain any suit therein; and the Legislative Assembly shall pro-
vide by penal laws for the removal by public officers of all such
negroes and mulattoes, and for their effectual exclusion from the
State, and for the punishment of persons who shall bring them into
the State, or employ or harbor them.
Article II
suffrage and elections
Section 1. All elections shall be free and equal.
Sec. 2. In all elections not otherwise provided for by this consti-
tution, every white male citizen of the United States, of the age of
twenty-one years and upwards, who shall have resided in the State
during the six months immediately preceding such election, and
every white male of foreign birth, of the age of twenty-one years
and upwards, who shall have resided in the United States one year,
and shall have resided in this State during the six months imme-
diately preceding such election, and shall have declared his intention
to become a citizen of the United States one year preceding such elec-
tion, conformably to the laws of the United States on the subject of
Oregon— 1857 3001
naturalization, shall be entitled to vote at all elections authorized
by law.
Sec. 3. No idiot or insane person shall be entitled to the privileges
of an elector; and the privilege of an elector shall be forfeited by a
conviction of any crime which is punishable by imprisonment in the
penitentiary.
Sec. 4. For the purpose of voting, no person shall be deemed to
have gained or lost a residence by reason of his presence or absence
while employed in the service of the United States or of this State ;
nor while engaged in the navigation of the waters of this State or of
the United States, or on the high seas; nor while a student of any
seminary of learning; nor while kept at any almshouse or other
asylum at public expense; nor while confined in any public prison.
Sec. 5. No soldier, seaman, or marine in the Army or Na\^ of the
United States, or of their allies, shall be deemed to have acquired a
residence in the State in consequence of having been stationed within
the same, nor shall any such soldier, seaman, or marine have the right
to vote.
Sec. (). No negro, Chinaman, or mulatto shall have the right of
suffrage.
Sec. 7. Every person shall be disqualified from holding office, dur-
ing the term for which he may have been elected, who shall have
given or offered a bribe, threat, or reward, to procure his election.
Sec. 8. The legislative assembly shall enact laws to support the
privilege of free suffrage, prescribing the manner of regulating and
conducting elections, and prohibiting, under adequate penalties, all
undue influence therein from power, bribery, tumult, and other im-
proper conduct.
Sec. 9. Every person who shall give or accept a challenge to fight a
duel, or shall knowingly carry to another person such challenge, or
who shall agree to go out of the State to fight a duel, shall be ineligi-
ble to any office of trust or profit.
Sec. id. No person holding a lucrative office or appointment under
the United States, or under this State, shall be eligible to a seat in
the legislative assembly; nor shall any person hold more than one
lucrative office at the same time, except as in this constitution ex-
pressly permitted: Providech That officers in the militia, to which
there is attached no annual salary, and the office of postmaster, where
the compensation does not exceed one hundred dollars per annum,
shall not be deemed lucrative.
Sec. 11. No person who may hereafter be a collector or holder of
public money shall be eligible to any office of trust or profit until he
shall have accounted for and paid over, according to law, all sums
for which he may be liable.
° Sec. 12. In all cases, except treason, felony, and breach of the
peace, electors shall be free from arrest in going to elections, during
their attendance there, and in returning from the same; and no
elector shall be obliged to do duty in the militia on any day of elec-
tion, except in time of war or public danger.
^ Sec. 13. In all cases in w^hich it is provided that an office shall not
be filled by any person more than a certain number of years continu-
0 This section is numbered 13 in the original.
& This section is numbered 12 in the original.
3002 Oregon— 1857
oiisly, an appointment pro tempore shall not be reckoned a part of
that term.
Sec. 14. General elections shall be held on the first Monday of June
biennally.
Sec. 15. In all elections by the legislative assembly, or by either
branch thereof, votes shall be given openly, or viva voce^ and not by
ballot, forever ; and in all elections by the people, votes shall be given
openly, or viva voce^ until the legislative assembly shall otherwise
direct.
Sec. 16. In all elections held by the people under this constitution,
the person or persons who shall receive the highest number of votes
shall be declared duly elected.
Sec. 17. All qualified electors shall vote in the election precinct in
the county where they may reside for county officers, and in any
county of the State for State officers, or in any county of a congres-
sional district in which such electors may reside for members of
Congress.
Article III
DISTRIBUTION OF POWERS
The powers of the government shall be divided into three separate
departments, the legislative, the executive, (including the adminis-
trative,) and the judicial; and no person charged with official duties
under one of these departments shall exercise any of the functions of
another, except as in this constitution expressly provided.
Article IV
legislative department
Section 1. The legislative authority of the State shall be vested
in the legislative assembly, which shall consist of a senate and house
of representatives. The style of every bill shall be, ''''Be it enacted
hy the legislative assembly of the State of Oregon; " and no law shall
be enacted except by bill.
Sec. 2. The senate shall consist of sixteen and the house of repre-
sentatives of thirty-four members, which number shall not be in-
creased until the year eighteen hundred and sixty ; after which time
the legislative assembly may increase the number of senators and rep-
resentatives, always keeping as near as may be the same ratio as to
the number of senators and representatives : Provided^ That the sen-
ate shall never exceed thirty and the house of representatives sixty
members.
Sec. 3. The senators and representatives shall be chosen by the
electors of the respective counties or districts into which the State
may, from time to time, be divided by law.
Sec. 4. The senators shall be elected for the term of four years,
and representatives for the term of two years, from the day next
after their general election: Provided^ however^ That the senators-
elect at the first session of the legislative assembly under this constitu-
tion shall be divided by lot into two equal classes, as nearly as may
be, and the seats of senators of the first class shall be vacated at the
expiration of two years, and those of the second class at the expira-
I
Oregon— 1857 3003
tion of four years; so that one-half, as nearly as possible, shall be
chosen biennially forever thereafter. And in case of the increase
of the number of senators, they shall be so annexed by lot to one
or the other of the two classes as to keep them as nearly equal as
possible.
Sec. 5. The legislative assembly shall, in the year eighteen hun-
dred and sixty-five, and every ten years after, cause an enumeration
to be made of all the white population of the State.
Sec. 6. The number of senators and representatives shall J at the
session next following an enumeration of the inhabitants by the
United States, or this State, be fixed by law, and apportioned among
the several counties according to the number of white population in
each. And the ratio of senators and representatives shall be deter-
mined by dividing the whole number of white population of such
county or district, by such respective ratios; and when a fraction
shall result from such division, which shall exceed one-half of said
ratio, such county or district shall be entitled to a member for such
fraction. And in case any county shall not have the requisite popu-
lation to entitle such county to a member, then such county shall be
attached to some adjoining county for senatorial or representative
purposes.
Sec. 7. A senatorial district, when more than one county shall con-
stitute the same, shall be composed of contiguous counties; and no
county shall be divided in creating senatorial districts.
Sec. 8. No person shall be a senator or representative who, at the
time of his election, is not a citizen of the United States; nor any
one who has not been, for one year next preceding his election, an
inhabitant of the county or district whence he may be chosen. Sen-
ators and representatives shall be at least. twenty-one years of age.
Sec. 9. Senators and representatives in all cases, except for treason,
felony, or breaches of the peace, shall be privileged from arrest dur-
ing the session of the legislative assembly, and in going to and
returning from the same, and shall not be subject to any civil process
during the session of the legislative assembly, nor during the thir-
teen days next before the commencement thereof. Nor shall a mem-
ber, for words uttered in debate in either house, be questioned in any
other place.
Sec. 10. The sessions of the legislative assembly shall be held bien-
nially at the capital of the State, commencing on the second Monday
of September, m the year eighteen hundred and fifty-eight, and on
the same day of every second j^ear thereafter, unless a different day
shall have been appointed by law.
Sec. 11. Each house, when assembled, shall choose its own officers;
judge of the election, qualifications, and returns of its own members;
determine its own rules of proceeding, and sit upon its owm adjourn-
ments ; but neither house shall, without the concurrence of the other,
adjourn for more than three days, nor to any other place than that in
which it may be sitting.
Sec. 12. Two-thirds of each house shall constitute a quorum to do
business; but a smaller number may meet, adjourn from day to day,
and compel the attendance of absent members. A quorum being in
attendance, if either house fail to effect an organization within the
first five days thereafter, the members of the house so failing shall
3004 Oregon— 1857
be entitled to no compensation from the end of the said five days until
an organization shall have been effected.
Sec. 13. Each house shall keep a journal of its proceedings. The
yeas and nays on any question shall, at the request of any two mem-
bers, be entered, together with the names of the members demanding
the same, on the journal: Proinded^ That, on a motion to adjourn,
it shall require one- tenth of the members present to order the yeas
and nays.
Sec. 1'4. The doors of each house and of committees of the whole
shall be kept open, except in such cases as, in the opinion of either
house, may require secrecy.
Sec. 15. Either house may punish its members for disorderly be-
havior, and may, with the concurrence of two-thirds, expel a mem-
ber, but not a second time for the same cause.
Sec. 16. Either house during its session may punish by imprison-
ment any person not a member who shall have been guilty of dis-
respect to the house by disorderly or contemptuous behavior in its
presence ; but such imprisonment shall not at any time exceed twenty-
four hours.
Sec. 17. Each house shall have all powers necessary for a branch
of the legislative department of a free and independent State.
Sec. 18. Bills may originate in either house, but may be amended
or rejected in the other, except that bills for raising the revenue shall
originate in the house of representatives.
Sec. 19. P]very bill shall be read by sections, on three several days,
in each house, unless, in case of emergency, two-thirds of the house
where such bill may be depending shall, by a vote of yeas and nays,
deem it expedient to dispense with this rule ; but the reading of a bill
by sections on its final passage shall in no case be dispensed with, and
the vote on the passage of every bill or joint resolution shall be taken
by yeas and nays.
Sec. 20. Every act shall embrace but one subject, and matters prop-
erly connected therewith, which subject shall be expressed in the title.
But if any subject shall be embraced in an act which shall not be
expressed in the title, such act shall be void only as to so much
thereof as shall not be expressed in the title.
Sec. 21. Every act and joint resolution shall be plainly worded,
avoiding, as far as practicable, the use of technical terms.
Sec. 22. No act shall ever be revised or amended by mere reference
to its title; but the act revised or section amended shall be set forth
and published at full length.
Sec. 28. The legislative assembly shall not pass special or local
laws in any of the following-enumerated cases; that is to say —
Regidating the jurisdiction and duties of jvistices of the peace and
of constables;
For the punishment of crimes and misdemeanors ;
Regidating the practice in courts of justice;
Providing for changing the venue in civil and criminal cases ;
Granting divorces ;
Changing the names of persons ;
For laying, opening, and working on highways, and for the election
or appointment of supervisors;
Vacating roads, town-plats, streets, alleys, and public squares ;
Summoning and impaneling grand and petit jurors;
Oregon— 1857 3005
For the assessment and collection of taxes for State, county, town.-
ship, or road purposes;
Providing for supporting common schools, and for the i)reservation
of school-funds;
In relation to interest on money ;
Providing for opening and conducting elections of State, county,
or township officers, and designating the places of voting ;
Providing for the sale of real estate belonging to minors, or other
persons laboring under legal disabilities, by executors, administrators,
guardians, or trustees.
Sec. 24. Provisions may be made by general law for bringing suit
against the State as to all liabilities originating after or existing at
the time of the adoption of this constitution ; but no special act au-
thorizing such suit to be brought, or making compensation to any
person claiming damages against the State, shall ever be passed.
Sec. 25. A majority of all the members elected to each house shall
be necessary to pass every bill or joint resolution; and all bills or
joint resolutions so passed shall be signed by the presiding officers of
the respective houses.
Sec. 26. Any member of either house shall have the right to pro-
test, and have his protest, with his reasons for dissent, entered on the
journal.
Sec. 27. Every statute shall be a public law, unless otherwise de-
clared in the statute itself.
Sec. 28. No act shall take effect until ninety days from the end of
the session at which the same shall have been passed, except in case of
emergency ; which emergency shall be declared in the preamble or in
the body of the law.
Sec. 29. The members of the legislative assembly shall receive for
their services a sum not exceeding three dollars a day from the com-
mencement of the session ; but such pay shall not exceed in the aggre-
gate one hundred and twenty dollars for per-diem allowance for any
one session.
When convened in extra session by the governor, they shall receive
three dollars per day ; but no extra session shall continue for a longer
period than twenty days. They shall also receive the sum of three
dollars for every twenty miles they shall travel in going to and re-
turning from their j^lace of meeting on the most usual route. The
presiding officers of the assembly shall, in virtue of their office, re-
ceive an additional compensation equal to two-thirds of their per-
diem allowance as members.
Sec. 30. No senator or representative shall, during the time for
which he may have been elected, be eligible to any office the election
to which is vested in the legislative assembly, nor shall be appointed
to any civil office of profit which shall have been created, or the emol-
uments of which shall have been increased, during such term; but
this latter provision shall not be construed to apply to any officer
elective by the people.
Sec. 31. The members of the legislative assembly shall, before they
enter on the duties of their respective offices, take and subscribe the
following oath or affirmation : " I do solemnly swear [or affirm, as
the case may be] that I will support the Constitution of the United
States and the constitution of the State of Oregon, and that I will
faithfully discharge the duties of senator [or representative, as the
3006 Oregon— 1857
case may be] according to the best of niy ability.'' And such oath
may be administered by the governor, secretary of state, or a judge
of the supreme court.
Article V
EXECIJTIVE DEPARTMENT
Section 1. The chief executive power of the State shall be A^ested
in a governor, who shall hold his office for the term of four years;
and no person shall be eligible to such office more than eight in any
period of tw^elve years.
Sec. 2. No person except a citizen of the United States shall be
eligible to the office of governor nor shall any person be eligible to
that office who shall not have attained the age of thirty years, ajid
who shall not have been three years next jireceding his election a
resident within this State.
Sec. 3. No member of Congress, or person holding any office under
the United States, or under this State, or under any other power, shall
fill the office of governor except as may be otherwise provided in this
constitution. •
Sec. 4. The governor shall be elected by the qualified electors of the
State at the times and places of choosing members of the legislative
assembly; and the returns of every election for governor shall be
sealed up and transmitted to the secretary of state, directed to the
speaker of the house of representatives, Avho shall open and publish
them in the presence of both houses of the legislative assembly.
Sec. 5. The person having the highest number of votes for governor
shall be elected ; but in case two or more persons shall have an equal
and the highest number of votes for governor, the two houses of the
legislative assembly, at the next regular session thereof, shall forth-
with, by joint vote, proceed to elect one of the said persons governor.
Sec. 6. Contested elections for governor shall be determined by the
legislative assembly in such manner as may be prescribed by law.
Sec. 7. The official term of the governor shall be four years, and
shall commence at such times as may be provided by this constitution,
or prescribed by law.
Sec. 8. In case of the removal of the governor from office, or of his
death, resignation, or inability to discharge the duties of the office, the
same shall devolve on the secretary of state; and in case of the re-
moval from office, death, resignation, or inability both of the governor
and secretary of state, the president of the senate shall act as governor
until the disability be removed or a governor be elected.
Sec. 9. The governor shall be commander-in-chief of the military
and naval forces of this State, and may call out such forces to execute
the laws, to suppress insurrection, or to repel invasion.
Sec. 10. He shall take care that the laws be faithfully executed.
Sec. 11. He shall, from time to time, give to the legislative assembly
information touching the condition of the State, and recommend such
measures as he shall judge to be expedient.
Sec. 12. He may, on extraordinary occasions, convene the legislative
assembly by proclamation, and shall state to both houses, when as-
sembled, the purpose for which they shall have been convened.
Sec. 13. He shall transact all necessary business with the officers of
government, and may require information in writing from the officers
Oregon— 1857 3007
of the administrative and military departments upon any subject
relating to the duties of their respective offices.
Sec. 14. He shall have power to grant reprieves, commutations, and
pardons, after conviction, for all offences except treason, subject to
such regulations as may be provided by law. Upon conviction for
treason he shall have power to suspend the execution of the sentence
until the case shall be reported to the legislative assembly at its
next meeting, when the legislative assembly shall either grant a
pardon, commute the sentence, direct the execution of the sentence, or
grant a further reprieve. He shall have power to remit fines and for-
feitures, under such regulations as may be prescribed by law; and
shall report to the legislative assembly at its next meeting each case
of reprieve, commutation, or pardon granted, and the reasons for
granting the same ; and also the names of all persons in whose favor
remission of fines and forfeitures shall have been made, and the
several amounts remitted.
Sec. 15. Every bill which shall have passed the legislative assembly
shall, before it becomes a law, be presented to the governor; 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, which house
shall enter the objections at large upon the journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of the mem-
bers present shall agree to pass the bill, it shall be sent, together with
the objections, to the other house, by which it shall likewise be recon-
sidered, and if approved by two-thirds of the members present, 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 members
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, Sunday excepted, after it shall have been pre-
sented to him, it shall be a law without his signature, unless the gen-
eral adjournment shall prevent its return ; in which case it shall be a
law, unless the governor, within five days next after the adjournment,
Sundays excepted, shall file such bill, with his objections thereto, in
the office of the secretary of state, who shall lay the same before the
legislative assembly at its next session, in like manner as if it had
been returned by the governor.
Sec. 16. AVhen, during a recess of the legislative assembly, a va-
cancy shall happen in any office the appointment to which is vested
in the legislative assembly, or w4ien at any time a vacancy shall have
occurred in any other State office, or in the office of judge of any court,
the governor shall fill such vacancy by appointment, which shall
expire when a successor shall have been elected and qualified.
Sec. it. He shall issue writs of election to fill such vacancies as
may have occurred in the legislative assembly.
Sec. 18. A\\ commissions shall issue in the name of the State, shall
be signed by the governor, sealed with the seal of the State, and
attested by the secretary of state.
Article VI
ADMINISTRATIVE DEPARTMENT
Section 1. There shall be elected by the qualified electors of the
State, at the times and places of choosing members of the legislative
3008 Orgeon—1857
assembly, a secretary and treasurer of state, who shall severally hold
their offices for the term of four years ; but no person shall be eligible
to either of said offices more than eight in any period of twelve years.
Sec. 2. The secretary of state shall keep a fair record of the official
acts of the legislative assembly and executive department of the State,
and shall, when required, lay the same and all matters relative thereto
before either branch of the legislative assembly. He shall be, by
virtue of his office, auditor of public accounts, and shall perform such
other duties as shall be assigned him by law.
Sec. 3. There shall be a seal of state, kept by the secretary of state,
for official purposes, Avhich shall be called " The Seal of the State of
Oregon."
Sec. 4. The power and duties of the treasurer of state shall be such
as may be prescribed by law.
Sec. 5. The governor and the secretary and treasurer of state shall
severally keep the public records, books, and papers, in any manner
relating to their respective offices, at the seat of government, at which
place also the secretary of state shall reside.
Sec. 6. There shall be elected in each county, by the qualified
electors thereof, at the time of holding general elections, a county
clerk, treasurer, sheriff, coroner, and surveyor, who shall severally
hold offices for the term of two years.
Sec. T. Such other county, township, precinct, and cit}^ officers as
may be necessary shall be elected or appointed in such manner as may
be prescribed by law.
Sec. 8. No person shall be elected or appointed to a county office
who shall not be an elector of the county; and all county, township,
precinct, and city officers shall keep their respective offices at such
places therein, and perform such duties as may be prescribed by law.
Sec. 9. Vacancies in county, township, precinct, and city offices
shall be filled in such manner as may be prescribed by law.
Article VII
JUDICIAL DEPARTMENT
Section 1. The judicial power of the State shall be vested in a
supreme court, circuit courts, and county court, which shall be courts
of record, having general jurisdiction, to be defined, limited, and
regulated by law, in accordance with this constitution. Justices of
the peace may also be invested with limited judicial powers, and
municipal courts may be created to administer the regulations of
incorporated towns and cities.
Sec. 2. The supreme court shall consist of four justices, to be
chosen in districts by the electors thereof, who shall be citizens of the
United States, and who shall have resided in the State at least
three years next preceding their election, and after their election
to reside in their respective districts.
The number of justices and districts may be increased, but shall
not exceed five until the white population of the State shall amount
to one hundred thousand, and shall never exceed seven; and the
boundaries of districts may be changed, but no change of district
shall have the effect to remove a judge from office, or require him
to change his residence without his consent.
Oregon— 1857 3009
Sec. 3. The judges first chosen under this constitution shall allot
among themselves their terms of office, so that the term of one of
them shall expire in two years, one in four years, and two in six
years; and thereafter one or more shall be chosen every two years,
to serve for the term of six years.
Sec. 4. Every vacancy in the office of judge of the supreme court
shall be filled by election for the remainder of the vacant term, unless
it would expire at the next election, and until so filled, or when it
would so expire, the governor shall fill the vacancy by appointment.
Sec. 5. The judge who has the shortest term to serve, or the oldest
of several having such shortest term, and not holding by appoint-
ment, shall be the chief justice.
Sec. 6. The supreme court shall have jurisdiction only to revise
the final decisions of the circuit courts; and every cause shall be
tried and every decision shall be made by those judges only, or a
majority of them, who did not try the cause or make the decision
in the circuit court.
Sec. 7. The terms of the supreme court shall be appointed by
law ; but there shall be one term at the seat of government annually.
And at the close of each term the judges shall file with the secretary
of state concise written statements of the decisions made a that term.
Sec. 8. The circuit court shall be held twice, at least, in each year,
in each county organized for judicial purposes, by one of the justices
of the supreme court, at times to be appointed by law; and at such
other times as may be appointed by the judges severally in pursu-
ance of law.
Sec. 9. All judicial power, authority, and jurisdiction not vested
by this constitution, or by laws consistent therewith, exclusively in
some other court, shall belong to the circuit courts; and they shall
have appellate jurisdiction and supervisory control over the county
courts, and all other inferior courts, officers, and tribunals.
Sec. 10. When the white population of the State shall amount to
two hundred thousand, the legislative assembly may provide for the
election of supreme and circuit judges in distinct classes, one of
which classes shall consist of three justices of the supreme court,
who shall not perform circuit duty; and the other class shall con-
sist of the necessary number of circuit judges, who shall hold full
terms, without allotment, and who shall take the same oath as the
supreme judges.
Sec. 11. There shall be elected in each county, for the term of four
years, a county judge, who shall hold the county court. at times to
be regulated by law.
Sec. 12. The county court shall have the jurisdiction pertaining
to probate courts and boards of county commissioners, and such other
powers and duties, and such civil jurisdiction not exceeding the
amount or value of five hundred dollars, and such criminal jurisdic-
tion not extending to death or imprisonment in the penitentiary, as
may be prescribed by law. But the legislative assembly may pro-
vide for the election of two commissioners to sit with the county
judge whilst transacting county business in any or all the counties,
or may provide a separate board for transacting such business.
Sec. 13. The county judge may grant preliminary injunctions,
and such other writs as the legislative assembly may authorize him
3010 Oregon— 1857
to grant, returnable to the circuit court, or otherwise, as may be pro-
vided by law ; and may hear and decide questions arising upon habeas
corpus, provided such decision be not against the authority or pro-
ceedings of a court or judge of equal or higher jurisdiction.
Sec. 1-1. The counties having less than ten thousand- white inhabit-
ants shall be reimbursed, wholly or in part, for the salary and ex-
penses of the county court, by fees, percentage, and other equitable
taxation of the business done in said court and in the office of the
county clerk.
Sec. 15. A county clerk shall be elected in each county for the term
of two years, who shall keep all the public records, books, and papers
of the county, record conveyances, and perform the duties of clerk
of the circuit and county courts, and such other duties as may be pre-
scribed by law ; but whenever the number of voters in the county shall
exceed twelve hundred, the legislative assembly may authorize the
election of one person as clerk of the circuit court, one person as clerk
of the county court, and one person recorder of conveyances.
Sec. 16. A sheriff shall be elected in each county for the term of
two years, who shall be the ministerial officer of the circuit and county
courts, and shall perform such other duties as may be prescribed by
law.
Sec. it. There shall be elected by districts, composed of one or more
counties, a sufficient number of prosecuting attorneys, who shall be
the law-officers of the State, and of the counties within their respective
districts, and shall perform such duties pertaining to the administra-
tion of law and general police as the legislative assembly may direct.
Sec. 18. The legislative assembly shall so provide that the most
competent of the permanent citizens of the county shall be chosen for
jurors; and out of the whole number in attendance at the court, seven
shall be drawn by lot as grand jurors, five of whom must concur to
find an indictment ; but the legislative assembly may modify or abol-
ish grand juries.
Sec. 19. Public officers shall not be impeached ; but incompetency,
corruption, malfeasance, or delinquency in office may be tried in the
same manner as criminal offences, and judgment may be given of dis-
missal from office, and such further punishment as may have been pre-
scribed by law.
Sec. 20. The governor may remove from office a judge of the su-
preme court, or prosecuting attorney, upon the joint resolution of the
legislative assembly, in which two-thirds of the members elected to
each house shall concur, for incompetency, corruption, malfeasance,
or delinquency in officie, or other sufficient cause, stated in such
resolution.
Sec. 21. Every judge of the supreme court, before entering upon
the duties of his office, shall take and subscribe, and transmit to the
secretary of state, the following oath :
" I, , do solemnly swear [or affirm] that I will support the
Constitution of the United States and the constitution of the State
of Oregon, and that I will faithfully and impartially discharge the
duties of a judge of the supreme and circuit courts of said State
according to the best of my ability, and that I will not accept any other
office except judicial offices during the term for which I have been
elected."
\
Oregon— 1857 3011
Article VIII
EDUCATION AND SCHOOL-LANDS
Section 1. The governor shall be superintendent of public instruc-
tion, and his powers and duties in that cai^acity shall be such as may
be prescribed by law ; but after the term of five years from the adop-
tion of this constitution, it shall be competent for the legislative
assembly to provide by law for the election of a superintendent, to
provide for his compensation, and prescribe his powers and duties.
Sec 2. The proceeds of all the lands which have been, or hereafter
may be, granted to this State for educational purposes, (excepting
the lands heretofore granted to aid in the establishment of a uni-
versity ; ) all the moneys and clear proceeds of all property which may
accrue to the State by escheat or forfeiture ; all moneys which may be
paid as exemption from military duty ; the proceeds of all gifts,
devises, and bequests made by any person to the State for common-
school purposes; the proceeds of all property granted to the State,
when the purposes of such grant shall not be stated ; all the proceeds
of the five hundred thousand acres of land to which the State is
entitled by the provisions of an act of Congress, entitled "An act to
appropriate the proceeds of the sales of the public lands, and to grant
preemption rights," approved the fourth of September, 1841 ; and also
the five per centum of the net proceeds of the sales of the public lands
to which this State shall become entitled on her admission into the
Union, (if Congress shall assent to such appropriation of the two
grants last mentioned,) shall be set apart as a separate and irreduci-
ble fund, to be called the common-school fund, the interest of which,
together with all other revenues derived from the school-lands men-
tioned in this section, shall be exclusively applied to the support and
maintenance of common schools in each school-district, and purchase
of suitable libraries and apparatus therefor.
Sec. 3. The legislative flssembly shall provide by law for the estab-
lishment of a uniform and regular system of common schools.
Sec 4. Provision shall be made by law for the distribution of the
income of the common-school fund among the several counties of the
State, in proportion to the number of children resident therein be-
tween the ages of four and twenty years.
Sec 5. The governor, secretary of state, and State treasurer shall
constitute a board of commissioners for the sale of school and uni-
versity lands, and for the investment of the funds arising therefrom,
and their powers and duties shall be such as may be prescribed by
law: Provided, That no part of the university funds, or of the in-
terest arising therefrom, shall be expended until the period of ten
years from the adoption of this constitution, unless the same shall be
otherwise disposed of, by the consent of Congress, for common-school
purposes.
Article IX
FINANCE
Section 1. The legislative assembly shall provide by law for a uni-
form and equal rate of assessment and taxation, and shall prescribe
such regulations as shall secure a just valuation for taxation of all
7254— VOL 5—09 31
3012 Oregon— 1857
property, both real and personal, excepting such only for municipal,
educational, literary, scientific, religious, or charitable purposes as
may be specially exempted by law.
Sec. 2. The legislative assembly shall provide for raising revenue
sufficient to defray the expenses of the State for each fiscal year, and
also a sufficient sum to pay the interest on the State debt, if there be
any.
Sec. 3. No tax shall be levied, except in pursuance of law, and every
law imposing a tax shall state distinctly the object of the same, to
which only it shall be applied.
Sec. 4. No money shall be drawn from the treasury but in pursu-
ance of appropriations made by law.
Sec. 5. An accurate statement of the receipts and expenditures of
the public money shall be published with the laws of each regular
session of the legislative assembly.
Sec. 6. Whenever the expenses of any fiscal year shall exceed the
income, the legislative assembly shall provide for levying a tax for
the ensuing fiscal year, sufficient, with other sources of income, to pay
the deficiency, as well as the estimated expense of the ensuing fiscal
year.
Sec. 7. Laws making appropriations for the salaries of public offi-
cers, and other current expenses of the State, shall contain provisions
upon no other subject.
Sec. 8. All stationery required for the use of the State shall be fur-
nished by the lowest responsible bidder, under such regulations as
may be prescribed by law; but no State officer or member of the
legislative assembly shall be interested in any bid or contract for fur-
nishing such stationery.
Article X
MILITIA
Section 1. The militia of this State shall consist of all able-bodied
male citizens between the ages of eighteen and forty-five years, except
such persons as now are, or hereafter may be, exempted by the laws
of the United States, or of this State.
Sec. 2. Persons whose religious tenets or conscientious scruples for-
bid them to bear arms, shall not be compelled to do so in time of peace,
but shall pay an equivalent for personal service.
Sec. 3. The governor shall appoint the adjutant-general and the
other chief officers of the general staff and his own staff and all
officers of the line shall be elected by the persons subject to military
duty in their respective districts.
Sec. 4. The majors-general, brigadiers-general, colonels, or com-
mandants of regiments, battalions, or squadrons, shall severally ap-
point their staff-officers, and the governor shall commission all officers
of the line and staff ranking as such.
Sec. 5. The legislative assembly shall fix by law the method of
dividing the militia into divisions, brigades, regiments, battalions,
and companies, and make all other needful rules and regulations in
Oregon— 1857 3013
such manner as they may deem expedient, not incompatible with the
Constitution or laws of the United States, or of the constitution of
this State, and shall fix the rank of all staff-officers.
Article XI
CORPORATIONS AND INTERNAL IMPROVEMENTS
Section 1. The legislative assembly shall not have the power to
establish or incorporate any bank, or banking company, or moneyed
institution whatever; nor shall any bank, company, or institution
exist in the State, with the privilege of making, issuing, or putting
in circulation any bill, check, certificate, promissory note, or other
paper, or the paper of any bank, company, or person, to circulate as
money.
Sec. 2. Corporations may be formed under general laws, but shall
not be created by special laws, except for municipal purposes. All
laws passed pursuant to this section may be altered, amended, or
repealed, but not so as to impair or destroy any vested corporate
lights.
Sec. 3. The stockholders of all corporations and joint-stock com-
panies shall be liable for the indebtedness of said corporation to the
amoiwit of their stock subscribed and unpaid, and no more.
Sec. 4. No person's property shall be taken by any corporation
under authority of law, without compensation being first made, or
secured, in such manner as may be prescribed by law.
Sec. 5. Acts of the legislative assembly, incorporating towns and
cities, shall restrict their powers of taxation, borrowing money, con-
tracting debts, and loaning their credit.
Sec. 0. The State shall not subscribe to, or be interested in, the
stock of any company, association, or corporation.
Sec. 7. The legislative assembly shall not loan the credit of the
State, nor in any manner, create any debt or liabilities which shall
singly, or in the aggregate, with previous debts or liabilities, exceed
the sum of fifty thousand dollars, except in case of war, or to repel
invasion, or suppress insurrection; and every contract of indebted-
ness entered into, or assumed by or on behalf of the State, when all
its liabilities and debts amount to said sum, shall be void and of no
effect.
Sec. 8. The State shall never assume the debts of any county, town,
city, or other corporation whatever, unless such debts shall have been
created to repel invasion, suppress insurrection, or defend the State
in war.
Sec. 9. No county, city, town, or other municipal corporation, by
vote of its citizens or otherwise, shall become a stockholder in any
joint-stock company, corporation, or association whatever, or raise
money for, or loan its credit to or in aid of any such company, corpo-
ration, or association.
Sec. 10. No county shall create any debts or liabilities which shall
singly, or in the aggregate, exceed the sum of five thousand dollars,
except to suppress insurrection or repel invasion; but the debts of
any county at the time this constitution takes effect shall be disre-
garded in estimating the sum to which such county is limited.
3014 Oregon— 1857
Article XII
STATE PRINTER
. There shall be elected by the qualified electors of the State, at the
times and places of choosing members of the legislative assembly, a
State printer, who shall hold his oiRce for the term of four years.
He shall perform all the public printing for the State which may
be provided by law. The rates to be paid to him for such printing
shall be fixed by law, and shall neither be increased nor diminished
during the term for which he shall have been elected. He shall give
such security for the performance of his duties as the legislative
assembly may provide.
Article XIII
SALARIES
The governor shall receive an annual salary of fifteen hundred dol-
lars. The secretary of state shall receive an annual salary of fifteen
hundred dollars. The treasurer of state shall receive an annual
salary of eight hundred dollars. The judges of the supreme court
shall each receive an annual salary of two thousand dollars. They
shall receive no fees or perquisites whatever for the performace (ff any
duties connected with their respective oiRces; and the compensation
of officers, if not fixed by this constitution, shall be provided by law.
Article XIV
SEAT OF GOVERNMENT
Section 1. The legislative assembly shall not have power to estab-
lish a permanent seat of government for this State; but at the first
regular session after the adoption of this constitution the legislative
assembly shall provide by law for the submission to the electors of
this State, at the next general election thereafter, the matter of the
selection of a place for a permanent seat of government ; and no place
shall ever be the seat of government under such law which shall not
receive a majority of all the votes cast on the matter of such election.
Sec. 2. No tax shall be levied, or money of the State expended, or
debt contracted for the erection of a State-house prior to the year
eighteen hundred and sixty-five.
Sec. 3. The seat of government, when established as provided in
section one, shall not be removed for the term of twenty years from
the time of such establishment, nor in any other manner than as
provided in the first section of this article : Provided^ That all public
institutions of the State hereafter provided for by the legislative
assembly shall be located at the seat of government.
Article XV
miscellaneous
Section 1. All officers, except members of the legislative assembly,
shall hold their offices until their successors are elected and qualified.
Sec. 2. When the duration of any office is not provided for by this
Oregon— 1857 3015
constitution, it may be declared by law ; and if not so declared, such
office shall be held during the pleasure of the authority making the
appointment. But the legislative assembly shall not create any office
the tenure of which shall be longer than four years.
Sec. 3. Every person elected or appointed to any office under this
constitution shall, before entering on the duties thereof, take an oath
or affirmation to support the Constitution of the United States and of
this State, and also an oath of office.
Sec. 4. Lotteries, and the sale of lottery-tickets, for any purpose
whatever, are prohibited, and the legislative assembly shall prevent
the same by penal laws.
Sec. 5. The property and pecuniary rights of every married
woman, at the time of marriage, or afterwards, acquired by gift,
devise, or inheritance, shall not be subject to the debts or contracts of
the husband, and laws shall be passed providing for the registration
of the wife's separate property.
Sec. 6. No county shall be reduced to an area less than four hun-
dred square miles; nor shall any new county be established in this
State containing a less area, nor unless such new county shall contain
a population of at least twelve hundred inhabitants.
Sec. 7. No State officer, or member of the legislative assembly,
shall, directly or indirectly, receive a fee, or be engaged as counsel,
agent, or attorney in the prosecution of any claim against this State.
Sec. 8. No Chinaman, not a resident of the State at the time of the
adoption of this constitution, shall ever hold any real estate or
mining-claim, or work any mining-claim therein.
The legislative assembly shall provide by law in the most effective
manner for carrying out the above provision.
Article XVI
boundaries
Section 1. In order that the boundaries of the State may be known
and established, it is hereby ordained and declared that the State
of Oregon shall be bounded as follows, to wit : Beginning one marine
league at sea due west from the point where the forty-second parallel
of north latitude intersects the same; thence northerly, at the same
distance from the line of the coast, lying west and opposite the State,
including all islands within the jurisdiction of the United States,
to a point due west and opposite the middle of the north ship-channel
of the Columbia River ; thence easterly to and up the middle channel
of said river, and, where it is divided by islands, up the middle of the
widest channel thereof, and in like manner up the middle of the main
channel of Snake River to the mouth of the Owyhee River; thence
due south to the parallel of latitude forty-two degrees north ; thence
west along said parallel to the place of beginning, including juris-
diction in civil and criminal cases upon the Columbia River and
Snake River, concurrently with States and Territories of which those
rivers form a boundary in common with this State. But the Con-
§ress of the United States, in providing for the admission of this
tate into the Union, may make the said northern boundary conform
to the act creating the Territory of Washington.
3016 Oregon— 1857
Article XVII
AMENDMENTS
Section 1. Any amendment or amendments to this constitution
may be proposed in either branch of the legislative assembly, and if
the same shall be agreed to by a majority of all the members elected
to each of the two houses, such proposed amendment or amendments
shall, with the yeas and nays thereon, be entered on their journals,
and referred to the legislative assembly to be chosen at the next
general election ; and if in the legislative assembly so next chosen such
proposed amendment or amendments shall be agreed to by a majority
of all the members elected to each house, then it shall be the duty
of the legislative assembly to submit such amendment or amendments
to the electors of the State, and cause the same to be published with-
out delay at least four consecutive Aveeks in the several newspapers
published in this State; and if a majority of said electors shall ratify
the same, such amendment or amendments shall become a part of this
constitution.
Sec. 2. If two or more amendments shall be submitted at the same
time, they shall be submitted in such manner that the electors shall
vote for or against each of such amendments separatel}^ ; and while
an amendment or amendments, which shall have been agreed upon
by one legislative assembly, shall be awaiting the action of a legis-
lative assembly, or of the electors, no additional amendment or
amendments shall be proposed.
Article XVIII
schedule
Section 1. For the purpose of taking the vote of the electors of
the State for the acceptance or rejection of this constitution, an elec-
tion shall be held on the second Monday of November, in the year
1857, to be conducted according to existing laws regulating the elec-
tion of Delegate in Congress, so far as applicable, except as herein
otherwise provided.
Sec. 2. Each elector who offers to vote upon this constitution shall
be asked by the judges of election this question:
" Do you vote for the constitution — yes or no ? "^
And also this question :
" Do you vote for slavery in Oregon — yes or no ? "
And also this question :
" Do you vote for free negroes in Oregon — yes or no ? "
And in the poll-books shall be columns headed, respectively, " Con-
stitution— Yes ; " " Constitution — No ; " " Free negroes — Yes ; " " Free
negroes — No ; " " Slavery — Yes ; " " Slavery — No." And the names of
electors shall be entered in the poll-books, together with their answers
to the said questions under their appropriate heads. The abstracts
of the votes transmitted to the secretary of the Territory shall be
publicly opened, and canvassed by the governor and secretary, or by
either of them, in the absence of the other; and the governor, or, in
his absence, the secretary, shall forthwith issue his proclamation, and
Oregon— 1857 3017
publish the same in the several newspapers printed in this State,
declaring the result of the said election upon each of said questions.
Sec. 3. If a majority of all the votes given for and against the
constitution shall be given for the constitution, then this constitution
i-hall be deemed to be approved and accepted by the electors of the
State, and shall take effect accordingly; and if a majority of such
votes shall be given against the constitution, then this constitution
shall be deemed to be rejected by the electors of the State, and shall
be void.
Sec. 4. If this constitution shall be accepted by the electors, and a
majority of all the votes given for and against slavery shall be given
for slavery, then the following section shall be added to the bill of
rights, and shall be part of this constitution :
" Section — . Persons lawfully held as slaves in any State, Territory,
or district of the United States, under the laws thereof, may be
brought into this State, and such slaves, and their descendants, may
be held as slaves within this State, and shall not be emancipated
without the consent of their owners."
And if a majority of such Azotes shall be given against slavery, then
the foregoing shall not, but the following section shall, be added to
the bill of rights, and shall be a part of this constitution :
" Section — . There shall be neither slavery nor involuntary servi-
tude in the State, otherwise than as a punishment for crime, whereof
the party shall have been duly convicted." «
And if a majority of all the votes given for and against free negroes
shall be given against free negroes, then the following section shall be
added to the bill of rights and shall be part of this constitution :
" Section — . No free negro or mulatto, not residing in this State
at the time of the adoption of this constitution, shall come, reside, or
be within this State, or hold any real estate, or make any contracts,
or maintain any suit therein; and the legislative assembly shall pro-
vide by penal laws for the removal by public officers of all such free
negroes and mulattoes, and for their effectual exclusion from the
State, and for the punishment of persons who shall bring them into
the State, or employ or harbor them therein." ^
Sec. 5. Until an enumeration of the white inhabitants of the State
shall be made, and the senators and representatives apportioned as
directed in this constitution, the county of Marion shall have two
senators and four representatives ; Linn, two senators and four repre-
sentatives; Lane, two senators and three representatives; Clackamas
and Wasco, one senator jointly, and Clackamas, three representatives,
and Wasco, one representative; Yamhill, one senator and two repre-
sentatives; Polk, one senator and two representatives; Benton, one
senator and two representatives; Multnomah, one senator and two
representatives; Washington, Columbia, Clatsop, and Tillamook, one
senator jointly, and Washington, one representative, and Washington
and Columbia, one representative jointly, and Clatsop and Tillamook
one representative jointly; Douglas, one senator and two representa-
tives ; Jackson, one senator and three representatives ; Josephine, one
senator and one representative ; Umpqua, Coos, and Curry, one sena-
tor jointly, and Umpqua one representative, and Coos and Curry one
representative jointly.
o See Bill of Rights, clause 39. * See Bill of Rights, clause 35.
3018 Oregon— 1857
Sec. 6. If this constitution shall be ratified, an election shall be held
on the first Monday in June, 1858, for the election of members of the
legislative assembly, a Kepresentative in Congress, and State and
county officers; and the legislative assembly shall convene at the
capital the first Monday of July, 1858, and proceed to elect two Sena-
tors in Congress, and make such further provision as may be necessary
to the complete organization of a State government.
Seo. 7. All laws in force in the Territory of Oregon when the con-
stitution takes effect, and consistent therewith, shall continue in force
until altered or repealed.
Sec. 8. All officers of the Territory of Oregon, or under its laws,
when this constitution takes effect shall continue in office until super-
seded by the State authorities.
Sec. 9. Crimes and misdemeanors committed against the Territory
of Oregon shall be punished by the State as they might have been
punished by the Territory if the change of government had not been
made.
Sec. 10. All property and rights of the Territory, and of the sev-
eral counties, subdivisions, and political bodies-corporate of or in the
Territory, including fines, penalties, forfeitures, debts, and claims of
whatsoever nature, and recognizances, obligations, and undertakings
to or for the use of the Territory, or any county, political corporation,
officer, or otherwise, to or for the public shall insure to the State or
remain to the county, local division, corporation, officer, or public, as
if the change of government had not been made. And private rights
shall not be affected by such change.
Sec. 11. Until otherwise provided by law, the judicial districts of
the State shall be constituted as follows: The counties of Jackson,
Josephine, and Douglas shall constitute the first district. The coun-
ties of Umpqua, Coos, and Curry, Lane, and Benton shall constitute
the second district. The counties of Lynn, Marion, Polk, Yamhill,
and Washington shall constitute the third district. The counties of
Clackamas, Multonomah, Wasco, Columbia, Clatsop, and Tillamook
shall constitute the fourth district; and the county of Tillamook
shall be attached to the county of Clatsop for judicial purposes.
Done in convention, at Salem, the eighteenth day of September, in
the year of our Lord one thousand eight hundred and fifty-seven,
and of the Independence of the United States the eighty-second.
M. P. Deady, President,
Chester N. Terry, Secretary.
M. C. Bark WELL, Assistant Secretary.
AMENDMENT OF THE CONSTITUTION OF THE STATE OF OREGON «
Section 1 of article IV of the Constitution of the State of Oregon
shall be, and hereby is, amended to read as follows :
" Section 1. The legislative authority of the state shall be vested
in a legislative assembly, consisting of a senate and house of repre-
sentatives, but the people reserve to themselves power to propose laws
and amendments to the constitution and to enact or reject the same
aAdopted by the twentieth legislative assembly; adopted by the twenty-first
legislative assembly ; adopted by the people, by vote of 62,024 for, to 5,668
against it, June 2, 1902.
Oregon— 1857 3019
at the polls, independent of the legislative assembly, and also reserve
power at their own option to approve or reject at the polls any act
of the legislative assembly. The first power reserved by the people
is the initiative, and not more than eight per cent of the legal voters
shall be required to propose any measure by such petition, and every
such petition shall include the full text of the measure so proposed.
Initiative petitions shall be filed with the secretary of state not less
than four months before the election at which they are to be voted
upon. The second power is the referendum, and it may be ordered
(except as to laws necessary for the immediate preservation of the
jjublic peace, health, or safety,) either by the petition signed by five
per cent of the legal voters, or by the legislative assembly, as other
bills are enacted. Referendum petitions shall be filed with the sec-
retary of state not more than ninety days after the final adjournment
of the session of the legislative assembly which passed the bill on
which the referendum is demanded. The veto power of the governor
shall not extend to measures referred to the people. All elections on
measures referred to the people of the state shall be had at the bien-
nial regular general elections, except when the legislative assem-
bly shall order a special election. Any measure referred to the
people shall take effect and become the law when it is approved by a
majority of the votes cast thereon, and not otherwise. The style of all
bills shall be : " Be it enacted by the people of the State of Oregon."
This section shall not be construed to deprive an}^ member of the
legislative assembly of the right to introduce any measure. The
whole number of votes cast for justice of the supreme court at the
regular election last preceding the filing of any petition for the initi-
ative or for the referendum shall be the basis on which the number of
legal voters necessary to sign such petition shall be counted. Peti-
tions and orders for the initiative and for the referendum shall be
filed with the secretary of state, and in submitting the same to the
people he, and all other officers, shall be guided by the general laws
and the act submitting this amendment, until legislation shall be
especially provided therefor."
(June 4, 1906)
Article IV of the Constitution of the State of Oregon shall be, and
hereby is, amended by inserting the following section in said article
IV after section 1, and before section 2, and it shall be designated
in the Constitution as section la of article IV :
" Section \a. The referendum may be demanded by the people
against one or more items, sections, or parts of any act of the legis-
lative assembly in the same manner in which such power may be
exercised against a complete act. The filing of a referendum peti-
tion against one or more items, sections, or parts of an act shall not
delay the remainder of that act from becoming operative. The
initiative and referendum powers reserved to the people by this
Constitution are hereby further reserved to the legal voters of every
municipality and district, as to all local, special, and municipal
legislation, of every character, in or for their respective municipali-
ties and districts. The manner of exercising said powers shall be
prescribed by general laws, except that cities and towns may provide
for the manner of exercising the initiative and referendum powers
as to their municipal legislation. Not more than ten per cent of
3020 Oregon— 1857
the legal voters may be required to order the referendum nor more
than fifteen per cent to propose any measure, by the initiative, in
any city or town."
Sections 1 and 2 of article XVII of the Constitution of the State
of Oregon shall be, and hereby are, amended to read as follows:
" Section 1. Any amendment or amendments to this Constitution
may be proposed in either branch of the legislative assembly, and if
the same shall be agreed to by a majority of all the members elected
to each of the tAvo houses, such proposed amendment or amendments
shall, with the yeas and nays thereon, be entered in tlieir journals
and referred by the Secretary of State to the people for their ap-
proval or rejection, at the next regular general election, except when
the legislative assembly shall order a special election for that pur-
pose. If a majority of the electors voting on any such amendment
shall vote in favor thereof, it shall thereby become a part of this
Constitution. The votes for and against such amendment or amend-
ments, severally, whether proposed by the legislative assembly or
by initiative petition, shall be canvassed by the Secretary of State
in the presence of the Governor, and if it shall appear to the Gov-
ernor that the majority of the votes cast at said election on said
amendment or amendments, severally, are cast in favor thereof, it
shall be his duty forthwith after such canvass, by his proclamation,
to declare the said amendment or amendments, severally, having
received said majority of votes to have been adopted by the people
of Oregon as part of the Constitution thereof, and the same shall
be in effect as a part of the Constitution from the date of such
proclamation. When two or more amendments shall be submitted
in the manner aforesaid to the voters of this State, at the same elec-
tion, they shall be so submitted that each amendment shall be voted
on separately. No convention shall be called to amend or propose
amendments to this Constitution, or to propose a neAV Constitution,
unless the law providing for such convention shall first be approved
by the people on a referendum vote at a regular general election.
This article shall not be construed to impair the right of the people
to amend this Constitution by vote upon an initiative petition
therefor."
Section 2 of article XI of the Constitution of the State of Oregon
shall be, and the same is, hereby amended to read as follows :
" Sec. 2. Corporations may be formed under general laws, but shall
not be created by the legislative assembly by special laws. The
legislative assembly shall not enact, amend, or repeal any charter or
act of incorporation for any municipality, city, or town. The legal
voters of every city and town are hereby granted power to enact and
amend their municipal charter, subject to the constitution and
criminal laws of the State of Oregon."
Section 1 of article XII of the Constitution of the State of Oregon
shall be, and hereby is, amended to read as follows :
" Section 1. Laws may be enacted providing for the state printing
and binding, and for the election or appointment of a State Printer,
who shall have had not less than ten years' experience in the art of
printing. The State Printer shall receive such compensation as may
from time to time be provided by law. Until such laws shall be en-
acted the State Printer shall be elected and the printing done as
heretofore provided by this constitution and the general laws."
PANAMA CANAL ZONE
ACT PROVIDING FOR CONSTRUCTION OF ISTHMIAN CANAL, 1902
[Fifty-seventh Congress, First Session]
An Act to provide for the construction of a canal connecting the waters of the
Atlantic and Pacific oceans
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress asseinhled^ That the Presi-
dent of the United States is hereby authorized to acquire, for and
on behalf of the United States, at a cost not exceeding forty mil-
lions of dollars, the rights, privileges, franchises, concessions, grants
of land, right of way, unfinished work, plants, and other property,
real, personal, and mixed, of every name and nature, owned by the
New Panama Canal Company, of France, on the Isthmus of Panama,
and all its maps, plans, drawings, records on the Isthmus of Panama
and in Paris, including all the capital stock, not less, however, than
sixty-eight thousand eight hundred and sixty-three shares of the
Panama Railroad Company, owned by or held for the use of said
canal company, provided a satisfactory title to all of said property
can be obtained.
Sec. 2. That the President is hereby authorized to acquire from
the Republic of Colombia, for and on behalf of the United States,
upon such terms as he may deem reasonable, perpetual control of a
strip of land, the territory of the Republic of Colombia, not less
than six miles in width, extending from the Caribbean Sea to the
Pacific Ocean, and the right to use and dispose of the waters thereon,
and to excavate, construct, and to perpetually maintain, operate, and
protect thereon a canal, of such depth and capacity as will afford
convenient passage of ships of the greatest tonnage and draft now in
use, from the Caribbean Sea to the Pacific Ocean, which control shall
include the right to perpetually maintain and operate the Panama
Railroad, if the ownership thereof, or a controlling interest therein,
shall have been acquired hy the United States, and also jurisdiction
over said strip and the ports at the ends thereof to make such police
and sanitary rules and regulations as shall be necessary to preserve
order and preserve the public health thereon, and to establish such
judicial tribunals as may be agreed upon thereon as may be necessary
to enforce such rules and regulations.
The President may acquire such additional territory and rights
from Colombia as in his judgment will facilitate the general purpose
hereof.
Sec. 3. That when the President shall have arranged to secure a
satisfactory title to the property of the New Panama Canal Company,
3021
3022 Panama Canal Zone— 190^
as provided in section one hereof, and shall have obtained by treaty
control of the necessary territory from the Republic of Colombia, as
provided in section two hereof, he is authorized to pay for the prop-
erty of the New Panama Canal Company forty millions of dolalrs and
to the Republic of Colombia such sum as shall have been agreed upon,
and a sum sufficient for both said purposes is hereby appropriated, out
of any money in the Treasury not otherwise appropriated, to be paid
on w^arrant or w arrants drawn by the President.
The President shall then through the Isthmian Canal Commission
hereinafter authorized cause to be excavated, constructed, and com-
pleted, utilizing to that end as far as practicable the w^ork heretofore
done by the New Panama Canal Company, of France, and its pred-
ecessor company, a ship canal from the Caribbean Sea to the Pacific
Ocean. Such canal shall be of sufficient capacity and depth as shall
afford convenient passage for vessels of the largest tonnage and great-
est draft now in use, and such as may be reasonably anticipated, and
shall be supplied with all necessary locks and other appliances to meet
the necessities of vessels passing through the same from ocean to
ocean; and he shall also cause to be constructed such safe and com-
modious harbors at the termini of said canal, and make such pro-
visions for defense as may be necessary for the safety and protection
of said canal and harbors. That the President is authorized for the
purposes aforesaid to employ such persons as he may deem necessary,
and to fix their compensation.
Sec. 4. That should the President be unable to obtain for the
United States a satisfactory title to the property of the New Panama
Canal Company and the control of the necessary territory of the Re-
public of Colombia and the rights mentioned in sections one and two
of this Act, within a reasonable time and upon reasonable terms, then
the President, having first obtained for the United States perpetual
control by treaty of the necessary territory from Costa Rica and Nic-
aragua, upon terms which he may consider reasonable, for the con-
struction, perpetual maintenance, operation, and protection of a
canal connecting the Caribbean Sea with the Pacific Ocean by w^hat
is commonly known as the Nicarague route, shall through the said
Isthmian Canal Commission cause to be excavated and constructed a
ship canal and waterway from a point on the shore of the Caribbean
Sea near Greytown, by way of Lake Nicaragua, to a point near Brito
on the Pacific Ocean. Said canal shall be of sufficient capacity and
depth to afford convenient passage for vessels of the largest tonnage
and greatest draft now in use, and such as may be reasonably antici-
pated, and shall be supplied with all necessary locks and other appli-
ances to meet the necessities of vessels passing through the same from
ocean to ocean; and he shall also construct such safe and commodi-
ous harbors at the termini of said canal as shall be necessary for the
safe and convenient use thereof, and shall make such provisions for
defense as may be necessary for the safety and protection of said har-
bors and canal ; and such sum or sums of money as may be agreed
upon by such treaty as compensation to be paid to Nicaragua and
CQsta Rica for the concessions and rights hereunder provided to be
acquired by the United States, are hereby appro'priated, out of any
money in the Treasury not otherwise appropriated, to be paid on
warrant or w^arrants drawn by the President.
Panama Canal Zone— 1902 3023
The President shall cause the said Isthmian Canal Commission to
make such surveys as may be necessary for said canal and harBors
to be made, and in making such surveys and in the construction of
said canal may employ such persons as he may deem necessary, "and
may fix their compensation.
In the excavation and construction of said canal the San Juan
River and Lake Nicaragua, or such parts of each as may be made
available, shall be used.
Sec. 5. That the sum of ten million dollars is hereby appropriated,
out of any money in the Treasury not otherwise appropriated, toward
the project herein contemplated by either route so selected.
And the President is hereby authorized to cause to be entered
into such contract or contracts as may be deemed necessary for the
proper excavation, construction, completion, and defense of said
canal, harbors, and defenses, by the route finally determined upon
under the provisions of this Act. Appropriations therefor shall from
time to time be hereafter made, not to exceed in the aggregate the
additional sum of one hundred and thirty-five millions of dollars
should the Panama route be adopted, or one hundred and eighty
millions of dollars should the Nicaragua route be adopted.
Sec. 0. That in any agreement with the Republic of Colombia, or
with the States of Nicaragua and Costa Rica, the President is
authorized to guarantee to said Republic or to said States the use of
said canal and harbors, upon such terms as may be agreed upon, for
all vessels owned by said States or by citizens thereof.
Sec. T. That to enable the President to construct the canal and
works appurtenant thereto as provided in this Act, there is hereby
created the Isthmian Canal Commission, the same to be composed of
seven members, who shall be nominated and appointed by the Presi-
dent, by and with the advice and consent of the Senate, and who shall
serve until the completion of said canal unless sooner removed by the
President, and one of whom shall be named as the chairman of said
Commission. Of the seven members of said Commission at least
four of them shall be persons learned and skilled in the science of
engineering, and of the four at least one shall be an officer of the
United States Army, and at least one other shall be an officer of the
United States Navy, the said officers respectively being either upon
the active or the retired list of the Army or of the Navy. Said com-
missioners shall each receive such compensation as the President shall
prescribe until the same shall have been otherwise fixed by the Con-
gress. In addition to the members of said Isthmian Canal Com-
mission, the President is hereby authorized through said Commission
to employ in said service any of the engineers of the United States
Army at his discretion, and likewise to employ any engineers in civil
life, at his discretion, and any other persons necessary for the proper
and expeditious prosecution of said work. The compensation of all
such engineers and other persons employed under this Act shall be
fixed by said Commission, subject to the approval of the President.
The official salary of any officer appointed or employed under this
Act shaiU be deducted from the amount of salary or compensation
provided b}^ or which shall be fixed under the terms of this Act.
Said Commission shall in all matters be subject to the direction and
control of the President, and shall make to the President annually
and at such other periods as may be required, either by law or by the
3024 Panama Canal Zone— 1902-1903
order of the President, full and complete reports of all their actings
and doings and of all moneys received and expended in the construc-
tion of said work and in the performance of their duties in connection
therewith, which said reports shall be by the President transmitted
to Congress. And the said Commission shall furthermore give to
Congress, or either House of Congress, such information as may at
any time be required either by Act of Congress or by the order of
either House of Congress. The President shall cause to be provided
and assigned for the use of the Commission such offices as may, with
the suitable equipment of the same, be necessary and proper, in his
discretion, for the proper discharge of the duties thereof.
Sec. 8. That the Secretary of the Treasurv is hereby authorized to
borrow on the credit of the United States from time to time, as the
proceeds may be required to defray expenditures authorized by this
Act (such proceeds when received to be used only for the purpose of
meeting such expenditures), the sum of one hundred and thirty mil-
lion dollars, or so much thereof as may be necessary, and to prepare
and issue therefor coupon or registered bonds of the United States in
such form as he may prescribe, and in denominations of twenty dol-
lars or some multiple of that sum, redeemable in gold coin at the
pleasure of the United States after ten years from the date of their
issue, and payable thirty years from such date, and bearing interest
payable quarterly in gold coin at the rate of two per centum per
annum; and the bonds herein authorized shall be exempt from all
taxes or duties of the United States, as well as from taxation in any
form by or under State, municipal, or local authority: Provided,
That said bonds may be disposed of by the Secretary of the Treasury
at not less than par, under such regulations as he may prescribe, giv-
ing to all citizens of the United States an equal ojoportunity to sub-
scribe therefor, but no commissions shall be allowed or paid thereon ;
and a sum not exceeding one-tenth of one per centum of the amount
of the bonds herein authorized is hereby appropriated, out of any
money in the Treasury not otherwise appropriated, to pay the
expense of preparing, advertising, and issuing the same.
Approved, June 28, 1902.
ISTHMIAN CANAL CONVENTION— 1903 °
Convention between the United States and the Republic of Panama
for the construction of a ship canal to connect the waters of the
Atlantic and Pacific oceans. Signed at Washington, November 18,
1903 ; ratification advised by the Senate, February 23, 1904 ; rati-
fied by the President, February 25, 1904; ratified by Panama, De-
cember 2, 1903; ratifications exchanged at Washington, Februarv
26,1904; proclaimed, February 26, 1904.
The United States of America and the Republic of Panama being
desirous to insure the construction of a ship canal across the Isthmus
a In this connection the following resolutions are interesting: To extend aid
to United States citizens in surveying for a canal across the Isthmus of.Darien,
resolutfon of February 25, 1867; to fix upon terms by which a right of way
across the Isthmus might be obtained by the United States Government, resolu-
tion of March 2, 1867.
^ Panama Canal Zone— 1903 3025
of Panama to connect the Atlantic and Pacific oceans, and the Con-
gress of the United States of America having passed an act approved
June 28, 1902, in furtherance of that object, by which the President
of the United States is authorized to acquire within a reasonable time
the control of the necessary territory of the Republic of Colombia,
and the sovereignty of such territory being actually vested in the
Republic of Panama, the high contracting parties have resolved for
that purpose to conclude a convention and have . accordingly ap-
pointed as their plenipotentiaries,
The President of the United States of America, John Hay, Secre-
tary of State, and
The Government of the Republic of Panama, Philippe Bunau-
Yarilla, Envoy Extraordinary and Minister Plenipotentiary of the
Republic of Panama, thereunto specially empowered by said govern-
ment, who after communicating with each other their respective full
powers, found to be in good and due form, have agreed upon and
concluded the following articles:
Article I
The United States guarantees and will maintain the independence
of the Republic of Panama.
Article II
The Republic of Panama grants to the United States in perpetuity
the use, occupation and control of a zone of land and land under
water for the construction, maintenance, operation, sanitation and
protection of said Canal of the width of ten miles extending to the
distance of five miles on each side of the center line of the route of
the Canal to be constructed ; the said zone beginning in the Caribbean
Sea three marine miles from mean low water mark and extending to
and across the Isthmus of Panama into the Pacific ocean to a distance
of three marine miles from mean low water mark with the proviso
that the cities of Panama and Colon and the harbors adjacent to said
cities, which are included within the boundaries of the zone above
described, shall not be included within this grant. The Republic of
Panama further grants to the United States in perpetuity the use,
occupation and control of any other lands and waters outside of the
zone above described which may be necessary and convenient for the
construction, maintenance, operation, sanitation and protection of the
said Canal or of any auxiliary canals or other works necessary and
convenient for the construction, maintenance, operation, sanitation
and protection of the said enterprise.
The Republic of Panama further grants in like manner to the
United States in perpetuity all islands within the limits of the zone
above described and in addition thereto the group of small islands in
the Bay of Panama, named Perico, Naos, Culebra and Flamenco.
Article III
The Republic of Panama grants to the United States all the rights,
power and authority within the zone mentioned and described in
Article II of this agreement and within the limits of all auxiliary
3026 Panama Canal Zone— 1903
lands and waters mentioned and described in said Article II which
the United States would possess and exercise if it were the sovereign
of the territory within which said lands and waters are located to the
entire exclusion of the exercise by the Republic of Panama of any
such sovereign rights, power or authority.
Article IV
As rights subsidiary to the above grants the Republic of Panama
grants in perpetuity to the United States the right to use the rivers,
streams, lakes and other bodies of water within its limits for naviga-
tion, the supply of water or water-power or other purposes, so far as
the use of said rivers, streams, lakes and bodies of water and the
waters thereof may be necessary and convenient for the construction,
maintenance, operation, sanitation and protection of the said Canal.
Article V
The Republic of Panama grants to the United States in perpetuity
a monopoly for the construction, maintenance and operation of any
system of communication by means of canal or railroad across its
territory between the Caribbean Sea and the Pacific ocean.
Article VI
The grants herein contained shall in no manner invalidate the titles
or rights of private land holders or owners of private property in the
said zone or in or to any of the lands or waters granted to the United
States by the provisions of any Article of this treaty, nor shall they
interfere with the rights of way over the public roads passing through
the said zone or over any of the said lands or waters unless said rights
of way or private rights shall conflict with rights herein granted to
the United States in Avhich case the rights of the United States shall
be superior. All damages caused to the owners of private lands or
private property of any kind by reason of the grants contained in this
treaty or by reason of the operations of the United States, its agents
or employees, or by reason of the construction, maintenance, opera-
tion, sanitation and protection of the said Canal or of the works of
sanitation and protection herein provided for, shall be appraised and
settled by a joint Commission appointed by the Governments of the
United States and the Republic of Panama, whose decisions as to such
damages shall be final and whose aw^ards as to such damages shall be
paid solely by the United States. No part of the work on said Canal
or the Panama railroad or on any auxiliary works relating thereto
and authorized by the terms of this treaty shall be prevented, delayed
or impeded by or pending such proceedings to ascertain such damages.
The appraisal of said private lands and private property and the
assessment of damages to them shall be based upon their value before
the date of this convention.
Article VII
The Republic of Panama grants to the United States within the
limits of the cities of Panama and Colon and their adjacent harbors
Panama Canal Zone— 1903 3027
and within the territory adjacent thereto the right to acquire by pur-
chase or by the exercise of the right of eminent domain, any lands,
buildings, water rights or other properties necessary and convenient
for the construction, maintenance, operation and protection of the
Canal and of any works of sanitation, such as the collection and dis-
position of sewage and the distribution of water in the said cities of
Panama and Colon, which, in the discretion of the United States may
be necessary and convenient for the construction, maintenance, opera-
tion, sanitation and protection of the said Canal and railroad. All
such works of sanitation, collection and disposition of sewage and dis-
tribution of water in the cities of Panama and Colon shall be made at
the expense of the United States, and the Government of the United
States, its agents or nominees shall be authorized to impose and collect
water rates and sewerage rates which shall be sufficient to provide for
the payment of interest and the amortization of the principal of the
cost of said works within a period of fifty years and upon the expira-
tion of said term of fifty years the system of sewers and w^ater works
shall revert to and become the properties of the cities of Panama and
Colon respectively, and the use of the water shall be free to the inhab-
itants of Panama and Colon, except to the extent that water rates
may be necessary for the operation and maintenance of said system of
sewers and water.
The Republic of Panama agrees that the cities of Panama and
Colon shall comply in perpetuity with the sanitary ordinances Avhether
of a preventive or curative character prescribed by the United States
and in case the Government of Panama is unable or fails in its duty
to enforce this compliance by the cities of Panama and Colon with the
sanitary ordinances of the United States the Republic of Panama
grants to the United States the right and authority to enforce the
same.
The same right and authority are granted to the United States for
the maintenance of public order in the cities of Panama and Colon
and the territories and harbors adjacent thereto in case the Republic
of Panama should not be, in the judgment of the United States, able
to maintain such order.
Article VIII
The Republic of Panama grants to the United States all rights
which it now has or hereafter may acquire to the property of the New
Panama Canal Company and the Panama Railroad Company as a
result of the transfer of sovereignty from the Republic of Colombia
to the Republic of Panama over the Isthmus of Panama and author-
izes the New Panama Canal Company to sell and transfer to the
United States its rights, privileges, properties and concessions as well
as the Panama Railroad and all the shares or part of the shares of
that company; but the public lands situated outside of the zone
described in Article II of this treaty now included in the concessions
to both said enterprises and not required in the construction or opera-
tion of the Canal shall revert to the Republic of Panama except any
property now owned by or in possession of said companies within
Panama or Colon or the ports or terminals thereof.
7254— VOL 5—09 32
3028 Panama Canal Zone— 1903
Article IX
The United States agrees that the ports at either entrance of the
Canal and the waters thereof, and the Republic of Panama agrees
that the towns of Panama and Colon shall be free for all time so that
there shall not be imposed or collected custom house tolls, tonnage,
anchorage, lighthouse, wharf, pilot, or quarantine dues or any other
charges or taxes of any kind upon any vessel using or passing through
the Canal or belonging to or employed by the United States, directly
or indirectly, in connection with the construction, maintenance, opera-
tion, sanitation and protection of the main Canal, or auxiliary works,
or upon the cargo, officers, crew, or passengers of any such vessels,
except such tolls and charges as may be imposed by the United States
for the use of the Canal and other works, and except tolls and charges
imposed by the Republic of Panama upon merchandise destined to
be introduced for the consumption of the rest of the Republic of
Panama, and upon vessels touching at the ports of Colon and Panama
and which do not cross the Canal.
The Government of the Republic of Panama shall have the right to
establish in such ports and in the towns of Panama and Colon such
houses and guards as it may deem necessary to collect duties on im-
portations destined to other portions of Panama and to prevent con-
traband trade. The United States shall have the right to make use
of the towns and harbors of Panama and Colon as places of anchor-
age, and for making repairs, for loading, unloading, depositing, or
transshipping cargoes either in transit or destined for the service of
the Canal and for other works pertaining to the Canal.
Article X
The Republic of Panama agrees that there shall not be imposed
any taxes, national, municipal, departmental, or of any other class,
upon the Canal, the railways and auxiliary w^orks, tugs and other
vessels employed in the service of the Canal, store houses, w^ork shops,
offices, quarters for laborers, factories of all kinds, warehouses,
wharves, machinery and other w^orks, property, and effects appertain-
ing to the Canal or railroad and auxiliary works, or their officers or
employees, situated within the cities of Panama and Colon, and that
there shall not be imposed contributions or charges of a personal char-
acter of any kind upon officers, employees, laborers, and other individ-
uals in the service of the Canal and railroad and auxiliary w orks.
Article XI
The United States agrees that the official dispatches of the Govern-
ment of the Republic of Panama shall be transmitted over any tele-
graph and telephone lines established for canal purposes and used for
public and private business at rates not higher than those required
from officials in the service of the United States.
Article XII
The Government of the Republic of Panama shall permit the immi-
gration and free access to the lands and workshops of the Canal and
its auxiliary works of all employees and workmen of whatever nation-
Panama Canal Zone— 1903 3029
ality under contract to work upon or seeking employment upon or in
any wise connected with the said Canal and its auxiliary works, with
their respective families, and all such persons shall be free and exempt
from the military service of the Republic of Panama.
Article XIII
The United States may import at any time into the said zone and
auxiliary lands, free of custom duties, imposts, taxes, or other charges,
and without any restrictions, any and all vessels, dredges, engines,
cars, machinery, tools, explosives, materials, supplies, and other arti-
cles necessary and convenient in the construction, maintenance, opera-
tion, sanitation and protection of the Canal and auxiliary works, and
all provisions, medicines, clotliing, supplies and other things necessary
and convenient for the officers, employees, workmen and laborers in
the service and employ of the United States and for their families.
If any such articles are disposed of for use outside of the zone and
auxiliary lands granted to the United States and within the territory
of the Republic, they shall be subject to the same import or other
duties as like articles imported under the laws of the Republic of
Panama.
Article XIV
As the price or compensation for the rights, powers and privileges
granted in this convention by the Republic of Panama to the United
States, the Government of the United States agrees to pay to the
Republic of Panama the sum of ten million dollars ($10,000,000) in
gold coin of the United States on the exchange of the ratification of
this convention and also an annual payment during the life of this
convention of two hundred and fifty thousand dollars (§250,000) in
like gold coin, beginning nine years after the date aforesaid.
The provisions of this Article shall be in addition to all other bene-
fits assured to the Republic of Panama under this convention.
But no delay or difference of opinion under this Article or any
other provisions of this treaty shall affect or interrupt the full opera-
tion and effect of this convention in all other respects.
Article XV
*
The joint commission referred to in Article VI shall be established
as follows:
The President of the United States shall nominate two persons and
the President of the Republic of Panama shall nominate two persons
and they shall proceed to a decision ; but in case of disagreement of
the Commission (by reason of their being equally divided in conclu-
sion) an umpire shall be appointed by the two Governments who shall
render the decision. In the event of the death, absence, or incapacity
of a Commissioner or Umpire, or of his omitting, declining or ceasing
to act, his place shall be filled by the appointment of another person
in the manner above indicated. All decisions by a majority of the
Commission or by the umpire shall be final.
3030 Panama Canal Zone— 1903
Article XVI
The two Governments shall make adequate provision hj future
agreement for the pursuit, capture, imprisonment, detention and
delivery within said zone and auxiliary lands to the authorities of the
Republic of Panama of persons charged with the commitment of
crimes, felonies or misdemeanors without said zone and for the pur-
suit, capture, imprisonment, detention and delivery without said zone
to the authorities of the United States of persons charged with the
commitment of crimes, felonies and misdemeanors within said zone
and auxiliary lands.
Article XYII
The Republic of Panama grants to the United States the use of all
the ports of the Republic open to commerce as places of refuge for any
vessels employed in the Canal enterprise, and for all vessels passing or
bound to pass through the Canal Avhich may be in distress and be
driven to seek refuge in said ports. Such vessels shall be exempt from
anchorage and tonnage dues on the part of the Republic of Panama.
Article XVIII
The Canal, when constructed, and the entrances thereto shall be
neutral in perpetuity, and shall be opened upon the terms provided
for by Section I of Article three of, and in conformity with all the
stipulations of, the treaty entered into by the Governments of the
United States and Great Britain on November 18, 1901.
Article XIX
The Government of the Republic of Panama shall have the right to
transport over the Canal its vessels and its troops and munitions of
war in such vessels at all times without paying charges of any kind.
The exemption is to be extended to the auxiliary railway for the
transportation of persons in the service of the Republic of Panama,
or of the police force charged with the preservation of public order
outside of said zone, as well as to their baggage, munitions of war
and supplies.
Article XX
If by virtue of any existing treaty in relation to the territory of the
Isthmus of Panama, whereof the obligations shall descend or be
assumed hj the Republic of Panama, there may be any privilege or
concession in favor of the Government or the citizens and subjects of
a third power relative' to an interoceanic means of communication
w^hich in any of its terms may be incompatible with the terms of the
present convention, the Republic of Panama agrees to cancel or mod-
ify such treaty in due form, for which purpose it shall give to the
said third power the requisite notification within the term of four
months from the date of the present convention, and in case the exist-
ing treaty contains no clause permitting its modifications or annul-
ment, the Republic of Panama agrees to procure its modification or
annulment in such form that there shall not exist any conflict with the
stipulations of the present convention.
Panama Canal Zone— 1903 3031
Article XXI
The rights and privileges granted by the Kepublic of Panama to
the United States in the preceding Articles are understood to be free
of all anterior debts, liens, trusts, or liabilities, or concessions or privi-
leges to other Governments, corporations, syndicates or individuals,
and consequently, if there should arise any claims on account of the
present concessions and privileges or otherwise, the claimants shall
resort to the Government of the Republic of Panama and not to the
United States for any indemnity or compromise which may be
required.
Article XXII
The Republic of Panama renounces and grants to the United States
the participation to which it might be entitled in the future earnings
of the Canal under Article XV of the concessionary contract with
Lucien N. B. Wyse now owned by the New Panama Canal Company
and any and all other rights or claims of a pecuniary nature aris-
ing under or relating to said concession, or arising under or relating
to the concessions to the Panama Railroad Company or any exten-
sion or modification thereof; and it likewise renounces, confirms and
grants to the United States, now and hereafter, all the rights and
property reserved in the said concessions which otherwise would
belong to Panama at or before the expiration of the terms of ninety-
nine years of the concessions granted to or held by the above men-
tioned party and companies, and all right, title and interest which
it now has or may hereafter have, in and to the lands, canal, works,
property and rights held by the said companies under said con-
cessions or otherwise, and acquired or to be acquired by the United
States from or through the New Panama Canal Company, includ-
ing any property and rights which might or may in the future either
by lapse of time, forfeiture or otherwise, revert to the Republic of
Panama under any contracts or concessions,' with said Wyse, the
Universal Panama Canal Company, the Panama Railroad Company
and the New Panama Canal Company.
The aforesaid rights and property shall be and are free and
released from any present or reversionary interest in or claims of Pan-
ama and the title of the United States thereto upon consummation
of the contemplated purchase by the United States from the New
Panama Canal Company, shall be absolute, so far as concerns the
Republic of Panama, excepting always the rights of the Republic
specifically secured under this treaty.
Article XXIII
If it should become necessary at any time to employ armed forces
for the safety or protection of the Canal, or of the ships that make
use of the same, or the railways and auxiliary works, the United
States shall have the right, at all times and in its discretion, to use
its police and its land and naval forces or to establish fortifications
for these purposes.
3032 Panama Canal Zone— 1903-4
Article XXIV
No change either in the Government or in the laws and treaties of
the Republic of Panama shall, without the consent of the United
States, afi'ect any right of the United States under the present con-
vention, or under any treaty stipulation between the tAvo countries
that now exists or may hereafter exist touching the subject matter of
this convention.
If the Republic of Panama shall hereafter enter as a constituent
into any other Government or into any union or confederation of
states, so as to merge her sovereignty or independence in such Gov-
ernment, union or confederation, the rights of the United States
under this convention shall not be in any respect lessened or impaired.
Article XXV
For the better performance of the engagements of this convention
and to the end of the efficient protection of the Canal and the preser-
vation of its neutrality, the Government of the Republic of Panama
will sell or lease to the United States lands adequate and necessary for
naval or coaling stations on the Pacific coast and on the western
Caribbean coast of the Republic at certain points to be agreed upon
with the President of the United States.
Article XXVI
This convention w^hen signed by the Plenipotentiaries of the Con-
tracting Parties shall be ratified by the respective Governments and
the ratifications shall bo exclumged at Washington at the earliest
date possible.
In faith whereof the respective Plenipotentiaries have signed the
present convention in duplicate and have hereunto affixed their
respective seals.
Done at the City of Washington the 18th day of November in the
year of our Lord nineteen hundred and three.
John Hay [seal]
P. Bunau-Varilla [seal]
TEMPORARY GOVERNMENT OF CANAL ZONE— 1904
[Fifty-eighth Congress, Second Session]
An Act to provide for the temporary government of the Canal Zone at
Panama, the protection of the canal works, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assemhled^ That the President
is hereby authorized, upon the acquisition of the property of the New
Panama Canal Company and the payment to the Republic of
Panama of the ten millions of dollars provided by article fourteen
Panama Canal Company and the payment to the Republic of
the ratifications of which were exchanged on the twenty-sixth day of
February, nineteen hundred and four, to be paid to the latter Gov-
ernment, to take possession of and occupy on behalf of the United
Panama Canal Zone — 1904 3033
States the zone of land and land under water of the width of ten
miles, extending to the distance of five miles on each side of the center
line of the route of the canal to be constructed thereon, which said
zone begins in the Caribbean Sea three marine miles from mean low-
water mark and extends to and across the Isthmus of Panama into
the Pacific Ocean to the distance of three marine miles from mean
low-water mark, and also of all islands within said zone, and in addi-
tion thereto the group of islands in the Bay of Panama named Perico,
Naos, Culebra, and Flamenco, and, from time to time, of any lands
and waters outside of said zone which may be necessary and con-
venient for the construction, maintenance, operation, sanitation, and
protection of the said canal, or of any auxiliary canals or other works
necessary and convenient for the construction, maintenance, operation,
sanitation, and protection of said enterprise, the use, occupation, and
control whereof were granted to the United States by article two of
said reaty. The said zone is hereinafter referred to as " the Canal
Zone." The payment of the ten millions of dollars provided by arti-
cle fourteen of said treaty shall be made in lieu of the indefinite
appropriation made in the third section of the Act of June twenty-
eighth, nineteen hundred and two, and is hereby appropriated for
said purposes.
Sec. 2. That until the expiration of the P^ifty-eighth Congress,
unless provision for the temporary government of the Canal Zone be
sooner made by Congress, all the military, civil, and judicial powers
as well as the power to make all rules and regulations necessary for
the government of the Canal Zone and all the rights, powers, and
authority granted by the terms of said treaty to the United States
shall be vested in such person or persons and shall be exercised in such
manner as the President shall direct for the government of said
Zone and maintaining and protecting the inhabitants thereof in the
free enjoyment of their liberty, property, and religion.
Approved, April 28, 1904.
PENNSYLVANIA
For organic acts relating to the lands now included within Pennsylvania see
in other parts of this work :
Charter of Virginia, 1606 (Virginia, p. 3783).
Council of New England, 1620 (Massachusetts, p. 1827).
Dutch West India Company, 1621 (p. 59).
Charter of Maryland, 1632 (Maryland, p. 1669).
Charter of Connecticut, 1662 (Connecticut, p. 529).
Grant to the Duke of York, 1664 (Maine, p. 1637).
Grant to the Duke of York, 1674 (Maine, p. 1641).
ARTICLES OF THE SWEDISH SOUTH COMPANY— 1626 «
( See the "Argonautica Gustaviana," printed at Frankfort-on-the-Main, 1633 ; see
Delaware, p. 557.)
CHARTER FOR THE PROVINCE OF PENNSYLVANIA— 1681 »
[Charles the Second by the Grace of God King of England, Scot-
land, France and Ireland Defender of the Faith &c To our Right
Trusty and Welbeloved Chancellor Heneage Lord J'inch our Chan-
cellor of England greeting Wee will and comand you that under our
Great Scale of England remaining in your Custody you cause our
Letters to be made forth patents in form following] ^
a This company, which was established under the patronage of King Gustavus
Adolphus, founded the first agricultural colonies on the banks of the Delaware
River, although the Dutch had previously established trading-posts there, which
had been destroyed by the Indians. The Swedes acquired, by successive pur-
chases from the Indian chiefs, " all the land extending from Cape Henlopen to
the great falls of Delaware." It was also asserted that when John Oxenstiern
went to England, in 1(331, as Swedish ambassador, Charles I ceded to Sweden
all the pretensions that the English had upon the Delaware Valley, which con-
sisted merely in the right of first discovery. Historians have never found this
treaty, and the cession is regarded as doubtful.
6 This charter, granted by Charles II to William Penn, constituted him and
his heirs proprietors of the province, which, in honor of his father. Admiral
Penn, (whose cash advances and services were thus requited,) was called Penn-
sylvania. To perfect his title, William Penn purchased, in August, 1682, a
quit-claim from the Duke of York to the lands west of the Delaware River
embraced in his patent of 1064.
" Charter to William Penn and Laws of the Province of Pennsylvania, passed
between the Years 1082 and 1700, preceded by Duke of York's Laws in force
from the year 1070 to the year 1082, with an appendix, containing Laws relat-
ing to the organization of the Provincial Courts and Historical matter. Pub-
lished under the direction of John Blair Linn, Secretary of the Commonwealth.
Compiled and edited by Staughton George, Benjamin M. Nead, Thomas Mc-
Camant. Ilarrisburg : Lane S. Hart, State Printer. 1879. " 614 pp.
c The portion in brackets is found in the original copy, in the Public Record
Office, London, Bundle 388, Privy Seals and Signed Bills (Chancery) 33 Charles
the Second. See a certified copy in MS. from the Assistant Keeper of Public
Records. London, September 25, 1878, in the Historical Society of Pennsylvania.
3035
3036 Pennsylvania— 1681
Charles the Second, by the Grace of God, King of England, S rot-
land, France, and Ireland, Defender of the Faith, c&c. To all whom
these presents shall come. Greeting. Whereas Our Trustie and well-
beloved Subject William Penn, Esquire, Sonne and heire of Sir
WiLLiAiM Penn deceased, out of a commendable Desire to enlarge
our English Empire, and promote such usefull comodities as may bee
of Benefit to us and Our Dominions, as also to reduce the savage
Natives by gentle and just manners to the Love of Civil Societie and
Christian Religion, hath humbley besought Leave of Us to transport
an ample Colonic unto a certaine Countrey hereinafter described, in
the Partes of America not yet cultivated and planted ; And hath like-
wise humbley besought Our Roy all Majestic to Give, Grant, and
Confirme all the said Countrey, with certaine Privileges and Juris-
dictions, requisite for the good Government and Safetie of the said
Countrey and Colonic, to him and his Heires forever : Know ye there-
fore. That Wee, favouring the Petition and good Purpose of the
said William Penn, and haveing Regard to the Memorie and Meritts
of his late Father in divers Services, and perticulerly to his Conduct,
Courage, and Discretion under our Dearest Brother Jaisies Duke of
York, in that Signall Battell and Victorie fought and obteyned
against the Dutch Fleete, command by the Heer Van Opdam, in the
yeare One thousand six hundred and sixty-five: In consideration
thereof, of Our Speciale grace, certaine Knowledge, and meere Motion
have Given and Granted, and by this Our present Charter, for Us,
Our Heires and Successors, Doe give and Grant unto the said Wil-
liam Penn, his Heires and Assignes, all that Tract or Parte of Land
in America, with all the Islands therein conteyned, as the same is
Vjounded on the East by Delaivare River, from tw^elve miles distance
Northwards of New Castle Towne unto the three and fortieth degree
of Northerne Latitude, if the said River doeth extende so farre North-
wards; But if the said River shall not extend soe farre Northward,
then by the said River soe f arr as it doth extend ; and from the head
of the said River, the Easterne Bounds are to bee determined by a
Meridian Line, to bee drawne from the head of the said River, unto
the said three and fortieth Degree. The said Lands to extend west-
wards five degrees in longitude, to bee computed from the said
Easterne Bounds ; and the said Lands to bee bounded on the North by
the beginning of the three and fortieth degree of Northern Latitude,
and on the South by a Circle drawne at twelve miles distance from
New Castle Northward and Westward unto the beginning of the
fortieth degree of Northern Latitude, and then by a streight Line
Westward to the Limitt of Longitude above-mentioned. Wee do also
give and grant unto the said William Penn, his heires and assignes,
the free and undisturbed use and continuance in, and passage into
and out of all and singuler Ports, Harbours, Bays, Waters, Rivers,
Isles, and Inletts, belonging unto, or leading to and from the Coun-
trey or Islands aforesaid. And all the Soyle, lands, fields, woods,
underwoods, mountaines, hills, fenns. Isles, Lakes, Rivers, waters,
Rivuletts, Bays, and Inletts, scituate or being within, or belonging
unto the Limitts and Bounds aforesaid, togeather with the fishing of
all sortes of fish, whales, Sturgeons, and all Royall and other Fishes,
in the Sea, Bayes, Inletts, waters, or Rivers within the premisses, and
the Fish therein taken ; And also all Veines, Mines, and Quarries, as
well discovered as not discovered, of Gold, Silver, Gemms, and
Pennsylvania — 1681 3037
Pretious Stones, and all other whatsoever, be it Stones, Mettals, or
of any other thing or matter whatsoever, found or to bee found within
the Countrey, Isles, or Limitts aforesaid ; And him, the said William
Penn, his heires and assignes. Wee doe by this Our Eoyall Charter,
for its. Our heires and Successors, make, create, and constitute the
true and absolute Proprietarie of the Countrey aforesaid, and of all
other the premisses. Saving alwayes to Us, Our heires and Successors,
the Faith and Allegiance of the said William Penn^ his heires and
assignes, and of all other Proprietaries, Tenants, and Inhabitants
that are or shall be within the Territories and Precincts aforesaid;
and Saving also, unto Us, Our heires and Successors, the Sovereignty
of the aforesaid Countrey; To have, hold, possess, and enjoy the
said Tract of Land, Countrey, Isles, Inletts, and other the premisses
unto the said William Penn^ his heires and assignes, to the only
Proper use and behoofe of the said William Penn^ his heires and
assignes for ever, to bee holden of Us, Our heires and Successors,
Kings of England^ as of Our Castle of Windsor in Our County of
Berks^ in free and comon Socage, by fealty only for all Services,
and not in Capite or by Knights Service : Yielding and paying there-
fore to Us, Our heires and Successors, Two Beaver Skins, to bee de-
livered at Our said Castle of Windsor on the First Day of January
in every Year; and also the Fifth Part of all Gold and Silver Oare,
which shall from Time to Time happen to bee found w^ithin the
Limitts aforesaid, cleare of all Charges. And of Our further Grace,
certaine Knowledge, and meer motion. We have thought fitt to erect,
and We doe hereby erect the aforesaid Countrey and Islands into a
Province and Seigniorie, and doe call itt Pensilvania, and soe
from henceforth we will have itt called.
And forasmuch as Wee have hereby made and ordained the afore-
said William Penn^ his heires and assignes, the true and absolute
Proprietaries of all the Lands and Dominions aforesaid, knoav ye
THEREFORE, That We reposing speciall trust and Confidence in the
fidelitie, wisedom. Justice, and provident circumspection of the said
William Penn for us, our heires and Successors, Doe grant free, full,
and absolute power by vertue of these presents to him and his heires,
and to his and their Deputies, and Lieutenants, for the good and
happy government of the said countrey, to ordeyne, make, and enact,
and under his and their Seales to publish any Lawes whatsoever,
for the raising of money for the publick use of the said Province, or
for any other End, apperteyning either unto the publick state, peace,
or safety of the said Countrey, or unto the private utility of pertic-
ular persons, according unto their best discretions, by and with the
advice, assent, and approbation of the Freemen of the said Countrey,
or the greater parte of them, or of their Delegates or Deputies,
Avhom for the Enacting of the said Lawes, when, and as often as
need shall require. Wee will that the said William Penn and his
heires, shall assemble in such sort and forme, as to him and them
shall seeme best, and the same Lawes duly to execute, unto and upon
all People within the said Countrey and the Limitts thereof.
And wee doe likewise give and grant unto the said William Penn^
and his heires, and to his and their Deputies and Lieutenants, full
power and authoritie to appoint and establish any Judges and
Justices, Magistrates and Officers whatsoever, for what Causes soever,
for the probates of wills, and for the granting of Administrations
3038 Pennsylvania— 1 681
within the precincts aforesaid and with what Power soever, and in
such forme as to the said William Penn or his heires shall seeme most
convenient: Also to remitt, release, pardon, and abolish whether
before Judgement or after all Crimes and Offences whatsoever
comitted within the said Countrey against the said Lawes, Treason
and wilful and malitious Murder onely excepted, and in those Cases
to grant Reprieves, until Our pleasure may bee known therein and to
doe all and every other thing and things, which unto the compleate
Establishment of Justice, unto Courts and Tribunalls, formes of
Judicature, and manner of Proceedings doe belong, altho in these
presents expresse mention bee not made thereof; And by Judges
by them delegated, to award Processe, hold Pleas, and determine in
all the said Courts and Tribunalls all Actions, Suits, and Causes
whatsoever, as well Criminall as Civill, Personall, reall and mixt;
which Lawes, soe as aforesaid to bee published. Our Pleasure is,
and soe Wee enjoyne, require, and command, shall bee most absolute
and avaylable in law ; and that all the Liege People and subjects of
Us, Our heires and Successors, doe observe and keepe the same in-
violabl in those partes, soe farr as they concerne them, under the
paine therein expressed, or to bee expressed. Provided nevertheles.
That the said Lawes bee consonant to reason, and bee not repugnant
or contrarie, but as neare as conveniently may bee agreeable to the
Lawes and Statutes, and rights of this Our Kingdome of England;
And Saving and reserving to Us, Our heires and Successors, the
receiving, heareing, and determining of the appeale and appeales of
all or any Person or Persons, of, in, or belonging to the Territories
aforesaid, or touching any Judgement to bee there made or given.
And forasmuch as in the Government of soe great a Countrey,
sudden Accidents doe often happen, whereunto itt will bee necessarie
to apply remedie before the Freeholders of the said Province, or
their Delegates or Deputies, can bee assembled to the making of
Lawes; neither will itt bee convenient that instantly upon every
such emergent occasion, soe greate a multitude should be called to-
gether: Therefore for the better Government of the said Countrey
Wee will, and ordaine, and by these presents, for us, our Heires and
successors. Doe Grant unto the said William Pe7in and his heires, by
themselves or by their Magistrates and Officers, in that behalfe duely
to bee ordeyned as aforesaid, to make and constitute fitt and whole-
some Ordinances, from time to time, within the said Countrey to
bee kept and observed, as well for the preservation of the peace, as
for the better government of the People there inhabiting; and
publickly to notifie the same to all persons, whome the same doeth or
anyway may concerne. Which ordinances. Our Will and Pleasure is,
shall bee observed inviolably within the said Province, under Paines
therein to be expressed, soe as the said Ordinances bee consonant to
reason, and bee not repugnant nor contrary, but soe farre as con-
veniently may bee agreeable with the Lawes of our Kingdome of
England^ and soe as the said Ordinances be not extended in any
Sort to bind, charge, or take away the right or Interest of any person
or persons, for or in their Life, members. Freehold, goods, or Chatties.
And our further will and pleasure is, that the Lawes for regulateing
and governing of Propertie within the said Province, as well for the
descent and enjoyment of lands, as likewise for the enjoyment and
succession of goods and Chatties, and likewise as to Felonies, shall bee
Pennsylvania— 1681 3039
and continue the same, as they shall bee for the time being by the gen-
erall course of the Law in our Kingdome of England, untill the said
Lawes shall bee altered by the said William Penn, his heires or
assignes, and by the Freemen of the said Province, their Delegates or
Deputies, or the greater Part of them.
And to the End the said William Penn, or his heires, or other the
Planters, Owners, or Inhabitants of the said Province, may not att
any time hereafter by misconstruction of the powers aforesaid
through inadvertencie or designe depart from that Faith and due alle-
giance, which by the lawes of this our Kingdom of England, they and
all our subjects, in our Dominions and Territories, alwayes owe unto
us. Our heires and Successors, by colour of any Extent or largnesse of
powers hereby given, or pretended to bee given, or by force or colour
of any lawes hereafter to bee made in the said Province, by vertue
of any such Powers; Our further will and Pleasure is, that a
transcript or Duplicate of all Lawes, which shall bee soe as aforesaid
made and published within the said Province, shall within five yeares
after the makeing thereof, be transmitted and delivered to the Privy
Councell, for the time being, of us, our heires and successors: And
if any of the said Lawes, within the space of six moneths after that
they shall be soe transmitted and delivered, bee declared by us. Our
heires or Successors, in Our or their Privy Councell, inconsistent
with the Sovereigntey or lawful Prerogative of us, our heires or
Successors, or contrary to the Faith and Allegiance due by the legall
government of this Realme, from the said William Penn, or his heires,
or of the Planters and Inhabitants of the said Province, and that
thereupon any of the said Lawes shall bee adjudged and declared to
bee void by us, our heires or Successors, under our or their Privy
Scale, that then and from thenceforth, such Lawes, concerning which
such Judgement and declaration shall bee made, shall become voyd:
Otherwise the said Lawes soe transmitted, shall remaine, and stand
in full force, according to the true intent and meaneing thereof.
Furthermore, that this new Colony may the more happily in-
crease, by the multitude of People resorting thither; Therefore wee
for us, our heirs and Successors, doe give and grant by these presents,
power. Licence, and Libertie unto all the Liege People and Subjects,
both present and future, of us, our heires, and Successors, excepting
those who shall bee Specially forbidden to transport themselves and
Families unto the said Countrey, with such convenient Shipping as by
the lawes of this our Kingdome of England they ought to use, with
fitting provisions, paying only the customes therefore due, and there
to settle themselves, dwell and inhabitt, and plant, for the publick
and their owne private advantage.
And furthermore, that our Subjects may bee the rather encour-
aged to undertake this expedicion with ready and cheerful mindes,
KNOW YE, That wee, of Our especiall grace, certaine knowledge, and
meere motion. Doe Give and Grant by vertue of these presents, as
well unto the said William Penn, and his heires, as to all others, who
shall from time to time repaire unto the said Countrey, with a pur-
pose to inhabitt there, or trade with the Natives of the said Countrey,
full Licence to lade and freight in any ports whatsoever, of us, our
heires and Successors, according to the lawes made or to be made
within our Kingdome of England, and into the said Countrey, by
them, theire Servants or assignes, to transport all and singuler theire
3040 Pennsylvania — 1681
wares, goods, and Merchandizes, as likewise all sorts of graine what-
soever, and all other things whatsoever, necessary for food or cloath-
ing, not prohibited by the Lawes and Statutes of our Kingdomes and
Dominiones to be carryed out of the said Kingdomes, without any
Lett or molestation of us, our heires and Successors, or of any of the
Officers of us, our heires and Successors; saveing alwayes to us, our
heires and Successors, tiie legall impositions, customes, and other
Duties and payments, for the said Wares and Merchandize, by any
Law or Statute due or to be due to us, our heires and Successors.
And Wee doe further, for us, our heires and Successors, Give and
grant unto the said William Penn, his heires and assignes, free and
absolute power, to Divide the said Countrey and Islands into Townes,
Hundreds and Counties, and to erect and incorporate Townes into
Borroughs, and Borroughs into Citties, and to make and constitute
ifaires and Marketts therein, Avith all other convenient priviledges
and immunities, according to the meritt of the inhabitants, and the
ffitnes of the places, and to doe all and every other thing and things
touching the premisses, which to him or them shall seeme meet and
requisite, albeit they be such as of their owne nature might otherwise
require a more especiall comandment and Warrant then in these
presents is expressed.
We Will alsoe, and by these presents, for us, our heires and Succes-
sors, Wee doe Give and grant Licence by this our Charter, unto the
said William Penn^ his heires and assignes, and to all the inhabitants
and dwellers in the Province aforesaid, both present and to come,
to import or unlade, by themselves or theire Servants, ffactors or
assignes, all merchandizes and goods whatsoever, that shall arise of
the fruites and comodities of the said Province, either by Land or
Sea, into any of the ports of us, our heires and successors, in our
Kingdome of England^ and not into any other Countrey whatsoever :
And wee give him full power to dispose of the said goods in the said
ports; and if need bee, within one yeare next after the unladeing
of the same, to lade the said Merchandizes and Goods again into the
same or other shipps, and to expoi't the same into any other Coun-
treys, either of our Dominions or fforeigne, according to La we : Pro-
vided alwayes, that they pay such customes and impositions, sub-
sidies and duties for the same, to us, our heires and Successors, as the
rest of our Subjects of our Kingdome of England^ for the time being,
shall be bound to pay, and doe observe the Acts of Navigation, and
other Lawes in that behalfe made.
And FURTHER3E0RE, of our most ample and esspeciall grace, certaine
knowledge, and meere motion. Wee doe, for us, our heires and Suc-
cessors, Grant unto the said William Penn^ his heires and assignes,
full and absolute power and authoritie to make, erect, and constitute
within the said Province and the Isles and Islets aforesaid, such and
soe many Sea-ports, harbours, Creeks, Havens, Keyes, and other
places, for discharge and unladeing of goods and Merchandizes, out
of the shipps, Boates, and other Vessells, and ladeing them in such
and soe many Places, and with such rights. Jurisdictions, liberties
and priviledges unto the said ports belonging, as to him or them shall
seeme most expedient; and that all and singuler the shipps, boates,
and other Vessells, which shall come for merchandize and trade unto
the said Province, or out of the same shall depart, shall be laden or
Vinladen onely at such Ports as shall be erected and constituted by
Pennsylvania — 1 681 304 1
the said William Penn^ his heires and assignes, any use, custome, or
other thing to the contrary notwithstanding. Provided, that the
said William, Penn and his heires, and the Lieutenants and Gover-
nors for the time being, shall admitt and receive in and about all
such Ports, Havens, Creeks, and Keyes, all Officers and their Deputies,
who shall from time to time be appointed for that Purpose by the
ffarmers or Commissioners of our Customes for the time being.
And Wee doe further appoint and ordaine, and by these presents,
for us, our heires and Successors, Wee doe grant unto the said William
Penn^ his heires and assignes. That he, the said William Penn^ his
heires and assignes, may from time to time for ever, have and enjoy
the Customes and Subsidies, in the Portes, Harbours, and other
Creeks and Places aforesaid, within the Province aforesaid, payable
or due for merchandizes and wares there to be laded and unladed,
the said Customes and Subsidies to be reasonably assessed upon any
occasion, by themselves and the People there as aforesaid to be
assembled, to whom wee give power by these presents, for us, our
heires and Successors, upon just cause and in dudue p'portion, to
assesse and impose the same ; Saveing unto us, our heires and Suc-
cessors, such impositions and Customes, as by Act of Parliament are
and shall be appointed.
And it is Our further Will and plasure, that the said William
Penn^ his heires and assignes, shall from time to time constitute and
appoint an Attorney or Agent, to Reside in or neare our City of
London^ who shall make knowne the place where he shall dwell or
may be found, unto the Clerks of our Privy Counsell for the time
being, or one of them, and shall be ready to appeare in any of our
Courts att Westminster^ to Answer for any Misdemeanors that shall
be committed, or by any wilfull default or neglect permitted by the
said William Penn^ his heires or assignes, against our Lawes of Trade
or Navigation; and after it shall be ascertained in any of our said
Courts, what damages Wee or our heires or Successors shall have
sustained by such default or neglect, the said William Penn^ his heires
and assignes shall pay the same within one yeare after such taxation,
and demand thereof from such Attorney: or in case there shall be
noe such Attorney by the space of a yeare, or such Attorney shall
not make payment of such damages w ithin the space of one yeare,
and answer such other forfeitures and penalties within the said time,
as by the Acts of Parliament in England are or shall be provided,
according to the true intent and meaneing of these presents ; then it
shall be lawfull for us, our heires and Successors, to seize and Resume
the government of the said Province or Countrey, and the same to
retaine untill payment shall be made thereof: But notwithstanding
any such Seizure or resumption of the government, nothing con-
cerneing the propriety or ownership of any Lands, tenements, or
other hereditaments, or goods or chattels of any the Adventurers,
Planters, or owners, other then the respective Offenders there, shall
be any way be affected or molested thereby.
Provided alwayes, and our will and pleasure is, that neither the
said William Penn^ nor his heires, or any other the inhabitants of the
said Province, shall at any time hereafter have or maintain any Cor-
respondence with any other king, prince, or State, or with any of
theire subjects, who shall then be in Warr against us, our heires or
3042 Pennsylvania— 1 681
Successors; Nor shall the said William Penn^ or his heires, or any
other the Inhabitants of the said Province, make Warre or doe any
act of Hostility against any other king, prince, or State, or any of
theire Subjects, who shall then be in league or amity with us,' our
heires or successors.
And, because in soe remote a Countrey, and scituate neare many
Barbarous Nations, the incursions as well of the Savages themselves,
as of other enemies, pirates and robbers, may probahly be feared;
Therefore Wee have given, and for us, our heires and Successors, Doe
give power by these presents unto the said William Penn^ his heires
and assignes, by themselves or theire Captaines or other their Offi-
cers, to levy, muster and traine all sorts of men, of what condition
soever, or wheresoever borne, in the said Province of Pensilvania, for
the time being, and to make Warre, and to pursue the enemies and
Robbers aforesaid, as well by Sea as by Land, even without the
Limitts of the said Province, and by God's assistance to vanquish and
take them, and being taken to put them to death by the Law of
Warre, or to save them, att theire pleasure, and to doe all and every
other Thing which to the Charge and Office of a Captaine-Generall
of an Army belongeth or hath accustomed to belong, as fully and
ffreely as any Captaine-Generall of an Army hath ever had the same.
And furthermore, of Our especiall grace and of our certaine
knowledge and meere motion, wee have givan and granted, and by
these presents, for us, our heires and Successors, do Give and Grant
unto the said William, Penn^ his Heirs and Assigns, full and absolute
power, licence and authoritie, that he, the said William. Penrij his
heires and assignes, from time to time hereafter forever, att his or
theire ow^n AVill and pleasure may assigne, alien. Grant, demise, or
enfeoff e of the Premises soe many and such partes or parcells to him
or them that shall be willing to purchase the same, as they shall
thinke fitt, To have and to hold to them the said person and persons
willing to take or purchase, theire heires and assignes, in ffee-simple
or ffee-taile, or for the terme of life, or lives or yeares, to be held of
the said William Penn, his heires and assignes, as of the said Seign-
iory of Windsor, by such services, customes and rents, as shall seeme
ffitt to the said William Penn, his heires and assignes, and not imedi-
ately of us, our heires and successors. And to the same person or
persons, and to all and every of them, wee doe give and grant by these
presents, for us, our heires and successors, licence, authoritie and
power, that such person or persons may take the premisses, or any
parcel! thereof, of the aforesaid William Penn, his heires or assignes,
and the same hold to themselves, their heires and assignes, in what
estate of inheritance soever, in ffee-simple or in ffee-taile, or other-
wise, as to him, the said William Pe7m, his heires and assignes, shall
seem expedient: The Statute made in the parliament of Edward,
Sonne of King Henry, late King of England , our predecessor, com-
monly called The Statute Quia Emptores Terrarum, lately pub-
lished in our Kingdome of England in any wise notwithstanding.
And by these presents wee give and Grant Licence unto the said
William Penn, and his heires, likewise to all and every such person
and persons to whom the said William Penn or his heires shall att
any tinje hereafter grant any estate or inheritance as aforesaid, to
erect any parcells of Land within the Province aforesaid into Man-
ners, by and with the Licence to be first had and obteyned for that
Pennsylvania — 1681 3043
purpose, under the hand and Seale of the said William Penn or his
heires ; and in every of the said Mannors to have and to hold a Court-
Baron, with all thinges whatsoever which to a Court-Baron do
belong, and to have and to hold View^ of ffrank-pledge for the con-
servation of the peace and the better government of those partes, by
themselves or their Stewards, or by the Lords for the time being of
other Mannors to be deputed when they shall be erected, and in the
same to use all things belonging to the View of ffrank-pledge. And
Wee doe further grant licence and authoritie, that every such person
and persons who shall erect any such Mannor or Mannors, as afore-
said, shall or may grant all or any parte of his said Lands to any
person or persons, in ffee-simple, or any other estate of inheritance
to be held of the said Mannors respectively, soe as noe further tenures
shall be created, but that upon all further and other alienations there-
after to be made, the said lands soe aliened shall be held of the same
Lord and his heires, of whom the alienor did then before hold, and
by the like rents and Services which were before due and accustomed.
And further our pleasure is, and by these presents, for us, our
heires and Successors, Wee doe covenant and grant to and with the
said William Penn^ and his heires and assignes. That Wee, our heires
and Successors, shall at no time hereafter sett or make, or cause to
be sett, any impossition, custome or other taxation, rate or contribu-
tion whatsoever, in and upon the dw^ellers and inhabitants of the
aforesaid Province, for their Lands, tenements, goods or chattells
Avithin the said Province, or in and upon any goods or merchandize
within the said Province, or to be laden or unladen within the ports
or harbours of the said Province, unless the same be with the con-
sent of the Proprietary, or chiefe governor, or assembly, or by act
of Parliament in England.
And Our Pleasure is, and for us, our heires and Successors, Wee
charge and comand, that this our Declaration shall from hencefor-
ward be received and allowed from time to time in all our courts,
and before all the Judges of us, our heires and Successors, for a
sufficient and lawf ull discharge, payment and acquittance ; command-
ing all and singular the officers and ministers of us, our heires and
Successors, and enjoyneing them upon pain of our high displeasure,
that they doe not presume att any time to attempt any thing to the
contrary of the premisses, or that doe in any sort withstand the same,
but that they be att all times aiding and assisting, as is fitting unto
the said William Penn^ and his heires, and to the inhabitants and
merchants of the Province aforesaid, their Servants, Ministers, ffac-
tors and Assignes, in the full use and fruition of the benefitt of this
our Charter.
And Our further pleasure is, and wee doe hereby, for us, our heires
and Successors, charge and require, that if any of the inhabitants of
the said Province, to the number of Twenty, shall at any time here-
after be desirous, and shall by any writeing, or by any person deputed
for them, signify such their desire to the Bishop of London for the
time being that any preacher or preachers, to be approved of by the
said Bishop, may be sent unto them for their instruction, that then
such preacher or preachers shall and may be and reside within the
said Province, without any deniall or molestation whatsoever.
And if perchance hereafter it should happen any doubts or ques-
tions should arise, concerning the true Sense and meaning of any
7254— VOL 5—09 33
3044 Pennsylvania — 1681
word, clause, or Sentence conteyned in tjiis our present Charter, Wee
will ordaine, and comand, that att all times and in all things, such
interpretation be made thereof, and allowed in any of our Courts
whatsoever, as shall be adjudged most advantageous and favourable
unto the said William Penn^ his heires and assignes: Provided always
that no interpretation be admitted thereof by which the allegiance
due unto us, our heires and Successors, may suffer any prejudice or
diminution; Although express mention be not made in these pres-
ents of the true yearly value, or certainty of the premisses, or of
any parte thereof, or of other gifts and grants made by us our pro-
genitors or predecessors unto the said William Perm: Any Statute,
Act, ordinance, provision, proclamation, or restraint heretofore had,
made, published, ordained or provided, or any other thing, cause, or
matter whatsoever, to the contrary thereof in any Avise notwith-
standing.
In witness, &c.
Given under our Privy Seale at our Palace of Westminster the
Eight and Twentieth day of February in the Three and Thirtyeth
Yeare of Our Reigne.
I. Mathew.«
CONCESSIONS TO THE PROVINCE OF PENNSYLVANIA— 1681 *
Certain conditions, or concessions, agreed upon hy William Penn,
Proprietary and Governor of the province of Pennsylvania^ and
those who are the adventurers and purchasers in the same province^
the eleventh of July^ one thousand six hundred and eighty-one,
FIRST
That so soon as it pleaseth God that the abovesaid persons arrive
there, a certain quantity of land, or ground plat, shall be laid out, for
a large town or city, in the most convenient place, upon the river, for
health and navigation; and every purchaser and adventurer shall,
by lot, have so much land therein as will answer to the proportion,
which he hath bought, or taken up, upon rent: but it is to be noted,
that the surveyors shall consider what roads or high-ways will be
necessary to the cities, towns, or through the lands. Great roads
from city to city not to contain less than forty foot, in breadth, shall
be first laid out and declared to be for high-ways, before the dividend
of acres be laid out for the purchaser, and the like observation to be
had for the streets in the towns and cities, that there may be con-
venient roads and streets preserved, not to be encroached upon by any
planter or builder, that none may build irregularly to the damage
of another. In this^ custom governs.
II. That the land in the town be laid out together after the pro-
portion of ten thousand acres of the whole country, that is, two hun-
* Votes and Proceedings of the House of Representatives of the Province of
Pennsylvania, beginning the Fourth Day of Deceml)er, 1(382, vol. I, Philadel-
phia, printed and sold my B. Franklin, and D. Hall, at the New-Printing-Offlce
near the market, MDCCLII, pp. xxiv-xxvi.
«This Charter passed the Great Seal on the fourth of March, which date is
usually given as the date of the instrument. — Editor.
Pennsylvania — 1681 3045
dred acres, if the place will bear it: however, that the proportion be
by lot, and entire, so as those that desire to be together, especially
those that are, by the catalogue, laid together, may be so laid together
both in the town and country.
III. That, when the country lots are laid out, every purchaser,
from one thousaiid^ to ten thousand acres, or more, not to have above
one thousand acres together, unless in three years they plant a family
upon every thousand acres; but that all such as purchase together,
lie together ; and, if as many as comply with this condition, that the
whole be laid out together.
IV. That, where any number of purchasers, more or less, whose
number of acres amounts to -fioe or ten thousand acres, desire to sit
together in a lot, or township, they shall have their lot, or township,
cast together, in such places as have convenient harbours, or navigable
rivers attending it, if such can be found; and in case any one or
more purchasers plant not according to agreement, in this concession,
to the prejudice of others of the same township, upon complaint
thereof made to the Governor, or his Deputy, with assistance, they
may award (if they see cause) that the complaining purchaser may,
paying the survey money, and purchase money, and interest thereof,
be entitled, enrolled and lawfully invested, in the lands so not seated.
V. That the proportion of lands, that shall be laid out in the first
great town, or city, for every purchaser, shall be after the proportion
of ten acres for every -five hundred acres purchased, if the place will
allow it.
VI. That notwithstanding there be no mention made, in the sev-
eral deeds made to the purchasers; yet the said William Penn does
accord and declare, that all rivers, rivulets, woods, and underwoods,
waters, watercourses, quarries, mines, and minerals, (except mines
royal) shall be freely and fully enjoyed, and wholly by the pur-
chasers, into whose lot they fall.
VII. That, for every f^fty acres, that shall be allotted to a servant,
at the end of his service, his quit-rent shall be two shillings per
annum, and the master, or owner of the servant, when he shall take
up the other -fifty acres ^ his quit-rent, shall be four shillings by the
year, or, if the master of the servant (by reason in the indentures he
is so obliged to do) allot out to the servant fifty acres in his own
division, the said master shall have, on demand, allotted him, from
the governor, the one hundred acres, at the chief rent of six shillings
per annum.
VIII. And, for the encouragement of such as are ingenious and
willing to search out gold and silver mines in this province, it is
hereby agreed, that they have liberty to bore and dig in any man's
property, fully paying the damages done; and in case a discovery
should be made, that the discoverer have one-fifth^ the owner of the
soil (if not the discoverer) a tenth part, the Governor two-fifths, and
the rest to the public treasury, saving to the king the share reserved
by patent.
IX. In every hundred thousand acres, the Governor and Pro-
prietary, by lot, reserveth ten to himself, what shall lie but in one
place.
X. That every man shall be bound to plant, or man, so much of
his share of land as shall be set out and surveyed, within three years
after it is so set out and surveyed, or else it shall be lawful for new
3046 Pennsylvania — 1681
comers to be settled thereupon, paying to them their survey money,
and they go up higher for their shares.
XI. There shall be no buying and selling, be it with an Indian, or
one among another, of any goods to be exported, but what shall be
performed in public market, when such places shall be set apart, or
erected, where they shall pass the public stamp, or mark. If bad
ware, and prized as good, or deceitful in proportion or weight, to
forfeit the value, as if good and full weight and proportion, to the
public treasury of this province, whether it be the merchandize of the
Indian, or that of the planters.
XII. And forasmuch, as it is usual with the planters to over-reach
the poor natives of the country, in trade, by goods not being good
of the kind, or debased with mixtures, with which they are sensibly
aggrieved, it is agreed, whatever is sold to the Indians, in considera-
tion of their furs, shall be sold in the market place, and there suffer
the test, whether good or bad; if good, to pass; if not good, not to
be sold for good, that the natives may not be abused, nor provoked.
XIII. That no man shall, by any ways or means, in word, or deed,
affront, or wrong any Indian, but he shall incur the same penalty of
the law, as if he had committed it against his fellow planter, and if
any Indian shall abuse, in word, or deed, any planter of this province,
that he shall not be his own judge upon the Indian, but he shall make
his complaint to the governor of the province, or his lieutenant, or
deputy, or some inferior magistrate near him, who shall, to the utmost
of his power, take care with the king of the said Indian, that all
reasonable satisfaction be made to the said injured planter.
XIV. That all differences, between the planters and the natives,
shall also be ended by twelve men, that is, by six planters and six
natives ; that so we may live friendly together as much as in us lieth,
preventing all occasions of heart-burnings and mischief.
XV. That the Indians shall have liberty to do all things relating to
improvement of their ground, and providing sustenance for their
families, that any of the planters shall enjoy.
XVI. That the laws, as to slanders, drunkenness, swearing, cursing,
pride in apparel, trespasses, distriesses, replevins, weights, and meas-
ures, shall be the same as in England, till altered by law in this
province.
XVII. That all shall mark their hogs, sheep and other cattle, and
what are not marked within three months after it is in their posses-
sion, be it young or old, it shall be forfeited to the governor, that so
people may be compelled to avoid the occasions of much strife between
planters.
XVIII. That, in clearing the ground, care be taken to leave one
acre of trees for every five acres cleared, especially to preserve oak
and mulberries, for silk and shipping.
XIX. That all ship-masters shall give an account of their countries,
names, ships, owners, freights and passengers, to an officer to be
appointed for that purpose, which shall be registered within two
days after their arrival, and if they shall refuse so to do, that then
none presume to trade with them, upon forfeiture thereof; and that
such masters be looked upon as having an evil intention to the prov-
ince.
XX! That no person leave the province, without publication being
made thereof , in the market place, three weeks before, and a certificate
Pennsylvania— 168^ 3047
from some justice of the peace, of his clearness with his neighbours
and those he dealt withal, so far as such an assurance can be attained
and given : and if any master of a ship shall, contrary hereunto, re-
ceive and carry away any person, that hath not given that public
notice, the said master shall be liable to all debts owing by the said
person, so secretly transported from the province.
Lastly, That these are to be added to, or corrected, by and with
the consent of the parties hereunto subscribed.
William Penn.
Sealed and delivered in the presence of —
William Boelham,
Harbert Springet,
Thomas Prudyard.
Sealed and delivered in the presence of all of the proprietors, who
have hereunto subscribed, except Thomas Farrinborrough and John
Goodson, in presence of —
Hugh Chamberlen, William Powel,
K. Murray, Eichard Davie,
Harbert Springet, Griffith Jones,
Humphrey South, Hugh Lambe,
Thomas Barker, Thomas Farrinborrough,
Samuel Jobson, John Goodson.
John Joseph Moore,
PENN'S CHARTER OF LIBERTIES— 1682 *
To ALL PEOPLE to whom these presents shall come WHEREAS
King Charles the second by his Letters, Patents under the Great Seal
of England for the Considerations therein mentioned hath been gra-
ciously pleased to give and grant unto me William Penn (By the
name of William Penn EsqV son and heir of Sr. William Penn de-
ceased) and to my heirs and assies forever ALL that tract of land
or province called Pennsilvania in America with divers Great Pow-
ers Preheminencies Royalties Jurisdictions and Authorities neces-
sary for the Well being and Government thereof now know ye That
for the Weill Being and Government of the said Province and for
the Encouragement of all the ffreeman and Planters that may be
therein concerned in pursuance of the powers afore mentond I the
said William Penn have declared Granted and Confirmed and by
these presents for me my heirs and Assigns do declare grant and Con-
firm unto all the ffreemen Planters and Adventurers of in and to the
said Province those Liberties fFranchises and properties to be held
Enjoyed and Kept by the Freemen Planters and Inhabitants of and
in the said province of Pennsilvania forever.
" Imprimis " — THAT the Government of this Province shall ac-
cording to the Powers of the Patent consist of the Governour and
fFreemen of the said Province in the fform of a Provincial Council
and General Assembly by whom all Laws Shall be made Officers
* Verefied by Francis N. Thorpe, March 11, 1893, from the original Charter,
at that time in the possession of Dr. Edward Maris, 1106 Pine Street, Phila-
delphia.
3048 Pennsylvania— 1682
Chosen and publick affairs Transacted and is hereafter Respectively
declared That is to say
2. That the ffreemen of the said Province shall on the Twentieth
day of the Twelfth Month which shall be in this present year One
Thousand Six hundred Eighty and two Meet and Assemble in
some fit place of which timely notice shall be beforehand given by
the Governour or his deputies and then and there shall chuse of them-
selvs Seventy-Two persons of most note for their Wisdom Virtue
and Ability who shall meet on the Tenth day of the ffirst month next
ensuing and always b^ called and act as the Provincial Councill of
the said province.
3. That at the ffirst Choice of such Provincial Council One Third
part of the said Provincial Council shall be Chosen to serve for Three
years then next ensuing one Third part for Two years then next ensu-
ing and one Third part for one year then next following such Election
and no longer and that the said Third part shall go out accordingly
AND — on the Twentieth day of the Twelfth month aforesaid yearly
forever afterward the ffreemen of the said province shall in like
manner Meet and Assemble together and then Chuse Twenty ffour
persons being one Third of the said Number to serve in provincial
Council for Three years it being intended that one Third of the whole
provincial Council (always consisting and to consist of seventy two
persons as aforesaid) falling off yearly it shall be yearly supplied
by such new yearly Eleccons as aforesaid and that no one person shall
continue therein longer than Three years And in Case any member
shall decease before the Last Eleccon during his time that then at the
next Eleccon ensuing his decease another shall be chosen to Supply
his place for the remaining time he was to have served and no longer.
4. That — After the ffirst Seven years every one of the said Third
parts that goeth yearly off shall be un capable of being Chosen again
for one whole year following that so all may be fitted for the Govern-
ment and have Experience of the Care and burthen of it.
5. That — In the provincial Council in all Cases and matters of
moment as There agreeing upon Bills to be passed into Laws Exort-
ing Courts of Justice having Judgment upon criminals Impeached
and choice of Officers in such manner as is herein after menconed
Not lesse than Two Thirds of the whole Provincial Council shall
make a Quorum and that the Consent and approbaton of Two Thirds
of said Quorum shall be had in all such Cases or matters of Moment.
And moreover that in all cases and matters of lesser moment Twenty-
ffour members of the said Provincial Council shall make a quorum
The Majority of which ffour and Twenty shall and may always
determine on such Cases and Causes of Lesser moment.
6. That — In this Provincial Council the Governour or his deputies
shall or may always preside and have a treble Voice. And the said
Provincial Council shall always Continue and Sit upon its own Ad-
journments and Committees.
7. That — The Governour and Provincial Council shall prepare
and propose to the General Assembly hereinafter menconed all Bills
which they shall at any time think fit to be past into Laws within the
said Province which Bills shall be publisht and Affixed to the most
noted' places in the inhabited parts thereof Thirty days before the
meeting of the General Assembly in order to the passing of them into
laws or Rejecting of them as the General Assembly shall see meet.
Pennsylvania— 1682 3049
8. That — The Governour and Provincial Council shall take Care
that all Laws Statutes and Ordinances which shall at any time be
made within the said Province be duly and diligently executed.
9. That — The Governour and Provincial Council shall at all times
have the Care of the peace and Safety of the Province and that noth-
ing be by any person Attempted to the subversion of this fframe of
Government.
10. That — The Governour and Provincial Council shall at all times
settle and order the Situation of all Cities ports and Market towns in
every County modelling therein all publick buildings Streets and
Market places and shall appoint all necessary roads and highways in
the province.
11. That — The Governour and Provincial Council shall at all times
have power to inspect the management of the public Treasury and
punish those who shall Convert any part thereof to any other use than
what hath been Agreed upon by the Governour Provincial Council
and General Assembly.
12. That — The Governour and Provincial Council shall Erect and
order all publick Schools and incourage and Keward the Authors of
usefull Science and Laudable Inventons in the said province.
13. That — For the better management of the powers and Trust
aforesaid the Provincial Council shall from time to time divide itself
into fFour Distinct and proper Committees for the more Easie Admin-
istration of the Affairs of the province which divides the Seventy
Two into ffour Eighteens Every one of w^hich Eighteens shall consist
of Six out of each of the Three Orders or yearly Eleccons — Each of
which shall have a distinct portion of business as followeth A Com-
mittee of plant atons to situate and settle cities ports and Market-
towns and highways and to hear and decide all Suits and Controver-
sies relating to Plantatons. A Committee of Justice and Safety to
secure the peace of the province and punish the Male [mal-] Admin-
istration of those who subvert Justice to the prejudice of the publick
and private Interest. A Committee of Trade and Treasury who
Shall Regulate all Trade and Commerce according to Laws encourage
Manufacture and Country-growth and defray the publick Charge of
the province. And a Committee of manners Education and Arts
that all Wicked and scandalous Living may be prevented and that
Youth may be successively trained up in Virtue and useful Knowll-
edge and Arts. The Quorum of each of w^hich Committees being six
that is Two out of each of the three orders or yearly eleccons as afore-
said make a Constant or Standing Council of ifour and Twenty
which shall have the power of the Provincial Council being the
Quorum of it in all Cases not excepted in the fRfth Article. And in
the said committees and standing Council of the Province the Gov-
ernour or his deputy shall or may preside as aforesaid. And in the
Absence of the Governour or his deputy if no one is by either of them
appointed the said Committees or Council shall appoint a President
for that time and not otherwise and what shall be Resolved at such
Committees shall be reported to the said Council of the Province and
shall be by them resolved and confirmed before the same shall be put
in Execution And that these Respective Committees shall not sit at
one and the same time except in Cases of necessity.
14. And to the End that all Laws prepared by the Governour and
Provincial Council aforesaid may yet have the more full Concur-
3050 Pennsylvania — 1S82
rence of the ffreemen of the Province It is declared granted and con-
firmed that at the time and place or places for the Choice of a Pro-
vincial Council as aforesaid the said Freemen shall yearly chuse to
serve in a General Assembly as their representatives not exceeding
Two hundred persons who shall yearly meet on the Twentieth day
of the Second Month in the Capital Town or City of the said province
where during Eight days the several members may freely confer
with one another and if any of them see meet with a Committee of
the Provincial Council consisting of Three out of each of the ifour
Committees aforesaid being Twelve in all which shall be at that time
purposely appointed to secuir from any of them proposals for the
Alteration or Amendment of any of the said proposed and promul-
gated Bills and on the ninth day from their meeting the said General
Assembly after the reading over of the proposed Bills by the Clerk
of the Provincial Council and the occasion and motives for them
being opened by the Governour or his Deputy shall give their Affirm-
ative or Negative which to them seemeth best in such manner as
hereafter is exprest. But not less than two thirds shall make a
Quorum in the passing of Laws and Choice of such Officers as are
by them to be chosen.
15. That — The Laws so prepared and proposed as aforesaid that
are Assented to by the General Assembly shall be Enrolled as Laws
of the province with this stile by the Governour with the Assent and
Approbation of the ffreemen in Provincial Council and General
Assembly.
16. That — For the better Establishment of the Government and
Laws of this province and to the end there may be an Universal
Satisfaction in the laying of the ffundamentals thereof the General
Assembly shall or may for the ffirst year consist of all the ffreemen
of and in the said province and ever after it shall be yearly chosen
as aforesaid. Which number of Two hundred shall be enlarged as
the Country shall Increase in people So as it do not exceed ffive hun-
dred at any time The Appointment and proportoning of which as
also the laying and methodizing of the choice of the Provincial
Council and General Assembly in future times most equally to the
Division of the Hundreds and Counties which the Country shall here-
after be divided into shall be in the power of the Provincial CounciJ
to propose and the General Assembly to resolve.
IT. That The Governour and the Provincial Council shall from
time to time erect Standing Courts of Justice in such places and
number as they shall Judge Convenient for the good Government of
the said province And that the Provincial Council shall on the Thir-
teenth day of the First month yearly Elect and present to the Gov-
ernour or his Deputy a double number of persons to serve for Judges
Treasurers Masters of the Kolls within the said province for the year
next ensuing. And the ffreemen of the said province in their
County Courts when they shall be erected and till then in the General
Assembly shall on the Three and Twentieth day of the Second Month
yearly Elect and present to the Governour or his Deputy a double
number of persons to serve for Sheriffs Justices of peace and Coro-
nors for the year next ensuing Out of which respective Eleccons and
presentments the Governour or his Deputy shall nominate and Com-
missionate the proper number for each office the Third day after the
said respective presentments or else the first named in such present-
Pennsylvania — 1SS2 3051
ment for each office shall stand and serve for that office the year
ensuing.
18. But for as much as the present Conditon of the Province re-
quires some Immediate Setlement and admitts not of so quick a
Revoluton of Officers and to the end the said Province may with
all Convenient speed be well ordered and settled I William Penn
do therefore think fit to nominate and appoint Such persons for
Judges Treasurers Masters of Rolls Sheriffs Justices of the peace and
Coronors as are most fitly qualified for those imployments To whom
I shall make and grant Commissions for the said Offices respectively
TO HOLD to them to whom the same shall be granted for so long time
as every such person shall well behave himself in the Office or place
to him respectively granted and no longer And upon the Decease or
displacing of any of the said Officers the Succeeding Officer or Officers
shall be chosen as before said.
19. That the General Assembly shall continue so long as may be
needful to Impeach Criminals fit to be there Impeached To pass Bills
into Laws that they shall think fit to pass into Laws and till such
time as the Governour and Provincial Council shall declare that
they have nothing further to propose unto them for their Assent and
Approbation And that Declaration shall be a Dismiss to the General
Assembly for that time Which General Assembly shall be notwith-
standing Capable of Assemblying together upon the summons of the
Provincial Council at any time during that year if the said Pro-
vincial Council shall see occasion for their so Assembling.
20. Tpiat — All the Eleccons of Members or Representatives of the
people to serve in Provincial Council and General Assembly, and all
Questions to be determined by both or either of them that relate to
passing of bills into Laws to the choice of Officers to Impeachments
made by the General Assembly and Judgment of Criminals upon
such Impeachment by the Provincial Council and to all other Cases
by them respectively Judged of Importance Shall be resolved and
determined by the ballott And unless on suddain and Indispensable
Occasions no business in Provincial Council or its respective Com-
mittees shall be finally determined the same day that it is moved.
21. And that at all times when and so often as it shall happen
that the Governour shall or may be an Infant under the Age of one
and Twenty years and no Guardians or Commissioners are appointed
in Writing by the ffather of said Infant or that Such Guardians or
Commissioners shall be deceased that during such Minority the
Provincial Council shall from tiiiie to time as they shall see meet
Constitute and Appoint Guardians and Commissions not exceeding
Three One of which Three shall preside as Deputy and Chief Guard-
ian during such Minority and shall have and Execute with the con-
sent of the other Two all the powers of a Governour in all publick
Affairs and Concerns of the said province.
22. That — as often as any day of the month mentoned in any
Article of this Charter shall fall on the First day of the Week com-
monly called the Lord's day the Business appointed for that day
shall be differred till the next day unless in Case of Emergency.
23. That — no act Law or Ordinance whatsoever shall at any time
hereafter be made or done by the Governour of this Province his heirs
or Assigns or by the ffreemen in the Provincial Council or the Gen-
eral Assembly to Alter Change or Diminish the fform or Effect of
3052 Pennsylvania— 168^
this Charter or any part or Clause thereof or contrary to the true
Intent and meaning thereof without the Consent of the Governour
his heirs or Assigns and six parts of seven of the said ffreemen in
Provincial Council and General Assembly.
24. And lastly that I the said William Penn for myself my heirs
and Assigns have Solemnly declared granted and confirmed and do
hereby solemnly declare grant and confirm that neither I my heirs
nor Assigns shall procure or do anything or things whereby the Lib-
erties in this Charter contained and expressed shall be Infringed or
broken And if anything be procured by any person or persons con-
trary to these premises it shall be held of no force or Effect. In
WITNESS whereof I the said William Penn have unto this present
Charter of Liberties Set my hand and Broad Seal this ffive and
Twentieth day of the Second Month vulgarly called April in the year
of our Lord One Thousand Six Hundred Eighty and Two.
Wm. Penn.
Signed sealed and delivered by the within named William Penn as
his Act and Deed in the presence of
Christopher Taylor James Claypoole
Charles Lloyd Frans Plu3isted
William Gibson Thomas Barker
KiCHARD Da vies Philip Ford
N. MooRE Edward Pritchard
Tho. Rudyard Andrew Sowxe
Harb. Springett
FRAME OF GOVERNMENT OF PENNSYLVANIA— 1682 *
The frame of the government of the province of Pensilvania, in
America: together with certain laws agreed upon in England, hy
the Governor and divers freemev. of the aforesaid province. To he
further explained and confirmed there^ hy the first provincial Coun-
cil^ that shall he held^ if they see meet.
TPIE PREFACE
When the great and wise God had made the world, of all his crea-
tures, it pleased him to chuse man his Deputy to rule it: and to fit
him for so great a charge and trust, he did not only qualify him with
skill and power, but with integrity to use them justly. This native
goodness was equally his honour and his happiness; and whilst he
stood here, all went well ; there was no need of coercive or compulsive
means; the precept of divine love and truth, in his bosom, was the
guide and keeper of his innocency. But lust prevailing against duty,
made a lamentable breach upon it; and the law, that before had no
power over him, took place upon him, and his disobedient posterity,
that such as would not live comformable to the holy law within,
should fall under the reproof and correction of the just law without,
in a judicial administration.
* From Votes and Proceedings, note &, ante, p. 3044, pp. xxvii, xxviii.
Pennsylvania — 168^ 3053
This the Apostle teaches in divers of his epistles: " The law (says
he) was added because of transgression : " In another place, " Know-
ing that the law was not made for the righteous man; but for the
disobedient and ungodly, for sinners, for unholy and prophane, for
murderers, for whoremongers, for them that defile themselves with
mankind, and for man-stealers, for lyers, for perjured persons," &c.,
but this is not all, he opens and carries the matter of government a
little further: " Let every soul be subject to the higher powers; for
there is no power but of God. The powers that be are ordained of
Ood: whosoever therefore resisteth the power, resisteth the ordinance
of God. For rulers are not a terror to good works, but to evil : wilt
thou then not be afraid of the power? do that which is good, and
thou shalt have praise of the same." " He is the minister of God to
thee for good." " Wherefore ye must needs be subject, not only for
wrath, but for conscience sake."
This settles the divine right of government beyond exception, and
that for two ends: first, to terrify evil doers: secondly, to cherish
those that do well ; w^hich gives government a life beyond corruption,
and makes it as durable in the world, as good men shall be. So that
government seems to me a part of religion itself, a thing sacred in its
institution and end. For, if it does not directly remove the cause,
it crushes the effects of evil, and is as such, (though a lower, yet)
an emanation of the same Divine Power, that is both author and
object of pure religion; the difference lying here, that the one is
more free and mental, the other more corporal and compulsive in its
operations: but that is only to evil doers; government itself being
otherwise as capable of kindness, goodness and charity, as a more
private society. They weakly err, that think there is no other use
of government, than correction, which is the coarsest part of it : daily
experience tells us, that the care and regulation of many other affairs,
more soft, and daily necessary, make up much of the greatest part
of government; and which must have followed the peopling of the
world, had Adam never fell, and will continue among men, on earth,
under the highest attainments they may arrive at, by the coming of
the blessed Second Adam, the Lord from heaven. Thus much of
government in general, as to its rise and end.
For particular frames and models, it will become me to say little;
and comparatively I will say nothing. My reasons are :
First. That the age is too nice and difficult for it ; there being noth-
ing the wits of men are more busy and divided upon. It is true,
they seem to agree to the end, to wit, happiness; but, in the means,
they differ, as to divine, so to this human felicity; and the cause is
much the same, not always want of light and knowledge, but want
of using them rightly. Men side with their passions against their
reason, and their sinister interests have so strong a bias upon their
minds, that they lean to them against the good of the things they
know.
Secondly. I do not find a model in the world, that time,i)lace, and
some singular emergences have not necessarily altered ; nor is it easy
to frame a civil government, that shall serve all places alike.
Thirdly. I know what is said by the several admirers of monarchy,
aristocracy and democracy, which are the rule of one, a few, and
many, and are the three common ideas of government, when men dis-
3054 Pennsylvania — 1682
course on the subject. But I chuse to solve the controversy with this
small distinction, and it belongs to all three : Any government is free
to the people U7ider it (whatever be the frame) where the laws rule^
and the people are a party to those laws, and more than this is
tyranny, oligarchy, or confusion.
But, lastly, when all is said, there is hardly one frame of govern-
ment in the world so ill designed by its first founders, that, in good
hands, would not do W^ell enough ; and story tells us, the best, in ill
ones, can do nothing that is great or good ; witness the Jewish and
Roman states. Governments, like clocks, go from the motion men
give them; and as governments are made and moved by men, so by
them they are ruined too. Wherefore governments rather depend
upon men, than men upon governments. Let men be good, and the
government cannot be bad ; if it be ill, they will cure it. But, if men
be bad, let the government be never so good, they will endeavor to
warp and spoil it to their turn.
I know some say, let us have good laws, and .no matter for the men
that execute them : but let them consider, that though good laws do
w^ell, good men do better : for good laws may want good men, and be
abolished or evaded [invaded in Franklin's print] by ill men; but
good men will never want good laws, nor suffer ill ones. It is true,
good laws have some awe upon ill ministers, but that is where they
have not power to escape or abolish them, and the people are gener-
ally wise and good: but a loose and depraved people (which is the
question) love laws and an administration like themselves. That,
therefore, which makes a good constitution, must keep it, viz: men
of wisdom and virtue, qualities, that because they descend not with
worldly inheritances, must be carefully propagated by a virtuous
education of youth; for which after ages will owe more to the care
and prudence of founders, and the successive magistracy, than to
their parents, for their private patrimonies.
These considerations of the weight of government, and the nice
and various opinions about it, made it uneasy to me to think of pub-
lishing the ensuing frame and conditional laws, forseeing both the
censures, they will meet with, from men of differing humours and
engagements, and the occasion they may give of discourse beyond my
design.
But, next to the power of necessity, (which is a solicitor, that will
take no denial) this induced me to a compliance, that we have (with
reverence to God, and good conscience to men) to the best of our
skill, contrived and composed the frame and laws of this government,
to the great end of all government, viz : To support power in rever-
ence with the people, and to secure the people from the abuse of
power; that they may be free by their just obedience, and the mag-
istrates honourable, for their just administration : for liberty with-
out obedience is confusion, and obedience without liberty is slavery.
To carry this evenness is partly owing to the constitution, and partly
to the magistrac}^: w^here either of these fail, government will be
subject to convulsions ; but where both are wanting, it must be totally
subverted; then where both meet, the government is like to endure.
Which I humbly pray and hope God will please to make the lot of
this oi Pensilvania. Amen.
William Penn.
Pennsylvania — 1682 3055
THE FRAME, &C. APRIL 25, 1682 *
To all Persons, to whom these presents may come. Whereas, king
Charles the Second, by his letters patents, under the great seal of
England^ bearing date the fourth day of March in the Thirty and
Third Year of the King, for divers considerations therein mentioned,
hath been graciously pleased to give and grant unto me William Penn^
by the name of William Penn^ Esquire, son and heir of Sir William
Penn^ deceased, and to my heirs and assigns forever, all that tract of
land, or Province, called Pensylvania^ in America^ with divers great
powers, pre-eminences, royalties, jurisdictions, and authorities, neces-
sary for the well-being and government thereof : Now know ye, that
for the well-being and government of the said province, and for the
encouragement of all the freemen and planters that may be therein
concerned, in pursuance of the powers aforementioned, I, the said
William Penn, have declared, granted, and confirmed, and by these
presents, for me, my heirs and assigns, do declare, grant, and con-
firm unto all the freemen, planters and adventurers of, in and to the
said province, these liberties, franchises, and properties, to be held,
enjoyed and kept by the freemen, planters, and inhabitants of the
said province of Pensilvania for ever.
Imprimis. That the government of this province shall, according
to the powers of the patent, consist of the Governor and freemen of
the said province, in form of a provincial Council and General
Assembly, by whom all laws shall be made, officers chosen, and public
affairs transacted, as is hereafter respectively declared, that is to say —
II. That the freemen of the said province shall, on the twentieth
day of the twelfth month, which shall be in this present year one
thousand six hundred eighty and two, meet and assemble in some fit
place, of which timely notice shall be before hand given by the Gov-
ernor or his Deputy; and then, and there, shall chuse out of them-
selves seventy-two persons of most note for their wisdom, virtue and
ability, who shall meet, on the tenth day of the first month next ensu-
ing, and always be called, and act as, the provincial Council of the
said province.
III. That, at the first choice of such provincial Council, one-third
part of the said provincial Council shall be chosen to serve for three
years, then next ensuing; one-third part, for two years then next en-
suing ; and one-third part, for one year then next ensuing such elec-
tion, and no longer ; and that the said third part shall go out accord-
ingly: and on the twentieth day of the twelfth month, as aforesaid,
yearly for ever afterwards, the freemen of the said province shall, in
like manner, meet and assemble together, and then chuse twenty-four
persons, being one-third. of the said number, to serve in provincial
Council for three years : it being intended, that one-third part of the
whole provincial Council (always consisting, and to consist, of sev-
enty-two persons, as aforesaid) falling off yearly, it shall be yearly
supplied by such new yearly elections, as aforesaid; and that no one
person shall continue therein longer than three years : and, in case any
member shall decease before the last election during his time, that
then at the next election ensuing his decease, another shall be chosen
to supply his place, for the remaining time, he was to have served,
and no longer.
» Idem, pp. xxviii-xxxli.
3056 Pennsylvania — 1682
IV. That, after the first seven years, every one of the said third
parts, that goeth yearly off, shall be uncapable of being chosen again
for one whole year following: that so all may be fitted for govern-
ment, and have experience of the care and burden of it.
V. That the provincial Council, in all cases and matters of moment,
as their arguing upon bills to be passed into laws, erecting courts of
justice, giving judgment upon criminals impeached, and choice of
officers, in such manner as is hereinafter mentioned, not less than two-
thirds of the whole provincial Council shall make a quorum, and that
the consent and approbation of two- thirds of such quorum shall be
had in all such cases and matters of moment. And moreover that, in
all cases and matters of lesser moment, twentj^-four Members of the
said provincial Council shall make a quorum, the majority of which
twenty-four shall, and may, always determine in such cases and causes
of lesser moment.
VI. That, in this provincial Council, the Governor or his Deputy,
shall or may, always preside, and have a treble voice; and the said
provincial Council shall always continue, and sit upon its own ad-
journments and committees.
VII. That the Governor and provincial Council shall prepare and
propose to the General Assembly, hereafter mentioned, all bills, which
they shall, at any time, think fit to be passed into laws, within the said
province ; which bills shall be published and affixed to the most noted
places, in the inhabited parts thereof, thirty days before the meeting
of the General Assembly, in order to the passing them into laws or
rejecting of them, as the General Assembly shall see meet.
.VIII. That the Governor and provincial Council shall take care,
that all laws, statutes and ordinances, which shall at any time be made
within the said province, be duly and diligently executed.
IX. That the Governor and provincial Council shall, at all times,
have the care of the peace and safety of the province, and that noth-
ing be by any person attempted to the subversion of this frame of
government.
X. That the Governor and provincial Council shall, at all times,
settle and order the situation of all cities, ports, and market towms in
every county, modelling therein all public buildings, streets, and mar-
ket places, and shall appoint all necessary roads, and high- ways in the
province.
XL That the Governor and provincial Council shall, at all times,
have power to inspect the management of the public treasury, and
punish those who shall convert any part thereof to any other use,
than what hath been agreed upon by the Governor, provincial Coun-
cil, and General Assembly.
XII. That the Governor and provincial Council, shall erect and
order all public schools, and encourage and reward the authors of
useful sciences and laudable inventions in the said province.
XIII. That, for the better management of the powers and trust afore-
said, the provincial Council shall, from time to time, divide itself into
four distinct and proper committees, for the more easy administration
of the affairs of the Province, which divides the seventy-two into four
eighteens, every one of which eighteens shall consist of six out of
each of the three orders, or yearly elections, each of which shall have
a distinct portion of business, as followeth: First ^ a committee of
Pennsylvania— 1682 3057
plantations, to situate and settle cities, ports, and market towns, and
high-ways, and to hear and decide all suits and controversies relating
to plantations. Secondly, a committee of justice and safety, to secure
the peace of the Province, and punish the mal-administration of those
who subvert justice to the prejudice of the public, or private, interest.
Thirdly, a committee of trade and treasury, who shall regulate all
trade and commerce, according to law, encourage manufacture and
country growth, and defray the public charge of the Province. And,
Fourthly, a corhmittee of manners, education, and arts, that all
wicked and scandalous living may be prevented, and that youth maty
be successively trained up in virtue and useful knowledge and arts:
the quorum of each of which committees being six, that is, two out of
each of the three orders, or yearly elections, as aforesaid, make a con-
stant and standing Council of twenty-four, which will have the power
of the provincial Council, being the quorum of it, in all cases not
excepted in the fifth article ; and in the said committees, and standing
Council of the Province, the Governor, or his Deputy, shall, or may
preside, as aforesaid; and in the absence of the Governor, or his
Deputy, if no one is by either of them appointed, the said committees
or Council shall appoint a President for that time, and not otherwise ;
and what shall be resolved at such committees, shall be reported to
the said Council of the province, and shall be by them resolved and
confirmed before the same shall be put in execution; and that these
respective committees shall not sit at one and the same time, except in
cases of necessity.
XIV. And, to the end that all laws prepared by the Governor and
provincial Council aforesaid, may yet have the more full concurrence
of the freemen of the province, it is declared, granted and confirmed,
that, at the time and place or places, for the choice of a provincial
Council, as aforesaid, the said freemen shall yearly chuse Members
to serve in a General Assembly, as their representatives, not exceed-
ing two hundred persons, who shall yearly meet on the twentieth day
of the second month, which shall be in the year one thousand six
hundred eighty and three following, in the capital town, or city, of
the said province, where, during eight days, the several Members may
freely confer with one another ; and, if any of them see meet, with a
committee of the provincial Council (consisting of three out of each
of the four committees aforesaid, being twelve in all) which shall be,
at that time, purposely appointed to receive from any of them pro-
posals, for the alterations or amendment of any of the said proposed
and promulgated bills: and on the ninth day from their so meeting,
the said General Assembly, after reading over the proposed bills by
the Clerk of the provincial Council, and the occasions and motives
for them being opened by the Governor or his Deputy, shall give
their affirmative or negative, which to them seemeth best, in such
manner as hereinafter is expressed. But not less than two-thirds
shall make a quorum in the passing of laws, and choice of such
officers as are by them to be chosen.
XV. That the laws so prepared and proposed, as aforesaid, that
are assented to by the General Assembly, shall be enrolled as laws of
the Province, with this stile: By the Governor, with the assent and
approhation of the freemen in provincial Council and General As-
sembly.
3058 Pennsylvania— 1682
XVI. That, for the establishment of the government and laws of
this province, and to the end there may be an universal satisfaction
in the laying of the fundamentals thereof: the General Assembly
shall, or may, for the first year, consist of all the freemen of and in
the said province ; and ever after it shall be yearly chosen, as afore-
said ; which number of two hundred shall be enlarged as the country
shall increase in people, so as it do not exceed five hundred, at any
time; the appointment and proportioning of which, as also the lay-
ing and methodizing of the choice of the provincial Council and
General Assembly, in future times, most equally to the divisions of
the hundreds and counties, which the country shall hereafter be
divided into, shall be in the power of the provincial Council to pro-
pose, and the General Assembly to resolve.
XVII. That the Governor and the provincial Council shall erect,
from time to time, standing courts of justice, in such places and num-
ber as they shall judge convenient for the good government of the
said province. And that the provincial Council shall, on the
thirteenth day of the first month, yearly, elect and present to the
Governor, or his Deputy, a double number of persons, to serve for
Judges, Treasurers, Masters of Rolls, within the said province, for
the year next ensuing; and the freemen of the said province, in the
county courts, when they shall be erected, and till then, in the Gen-
eral Assembly, shall, on the three and twentieth day of the second
month, yearly, elect and present to the Governor, or his Deputy, a
double number of persons, to serve for Sheriffs, Justices of the Peace,
and Coroners, for the year next ensuing ; out of which respective elec-
tions and presentments, the Governor or his Deputy shall nominate
and commissionate the proper number for each office, the third day
after the said presentments, or else the first named in such present-
ment, for each office, shall stand and serve for that office the year
ensuing.
XVIII. But forasmuch as the present condition of the province
requires some immediate settlement, and admits not of so quick a
revolution of officers ; and to the end the said Province may, with all
convenient speed, be well ordered and settled, I, William Penn, do
therefore think fit to nominate and appoint such persons for Judges,
Treasurers, Masters of the Rolls, Sheriffs, Justices of the Peace, and
Coroners, as are most fitly qualified for those employments; to whom
I shall make and grant commissions for the said offices, respectively,
to hold to them, to whom the same shall be granted, for so long time
as every such person shall well behave himself in the office, or place,
to him respectively granted, and no longer. And upon the decease
or displacing of any of the said officers, the succeeding officer, or
officers, shall be chosen, as aforesaid.
XIX. That the General Assembly shall continue so long as may be
needful to impeach criminals, fit to be there impeached, to pass bills
into laws, that they shall think fit to pass into laws, and till such
time as the Governor and j)rovincial Council shall declare that they
have nothing further to propose unto them, for their assent and
approbation : and that declaration shall be a dismiss to the General
Assembly for that time; which General Assembly shall be, notwith-
standing, capable of assembling together upon the summons of the
provincial Council, at any time during that year, if the said provin-
cial Council shall see occasion for their so assembling.
Pennsylvania— 1682 3059
XX. That all the elections of members, or representatives of the
people, to serve in provincial Council and General Assembly, and
all questions to be determined by both, or either of them, that relate
to passing of bills into laws, to the choice of officers, to impeachments
by the General Assembly, and judgment of criminals upon such im-
peachments by the provincial Council, and to all other cases by them
respectively judged of importance, shall be resolved and determined
by the ballot; and unless on sudden and indispensible occasions, no
business in provincial Council, or its respective committees, shall be
finally determined the same day that it is moved.
XXI. That at all times when, and so often as it shall happen that
the Governor shall or may be an infant, under the age of one and
twenty years, and no guardians or commissioners are appointed in
writing, by the father of the said infant, or that such guardians or
commissioners, shall be deceased; that during such minority, the
provincial Council shall, from time to time, as they shall see meet,
constitute and appoint guardians or commissioners, not exceeding
three ; one of which three shall preside as deputy and chief guardian,
during such minority, and shall have and execute, with the consent of
the other two, all the power of a Governor, in all the public affairs
and concerns of the said province.
XXII. That, as often as any day of the month, mentioned in any
article of this charter, shall fall upon the first day of the week, com-
monly called the Lord^s Day^ the business appointed for that day shall
be deferred till the next day, unless in case of emergency.
XXIII. That no act, law, or ordinance whatsoever, shall at any
time hereafter, be made or done by the Governor of this province, his
heirs or assigns, or by the freemen in the provincial Council, or the
General Assembly, to alter, change, or diminish the form, or effect, of
this charter, or any part, or clause thereof, without the consent of the
Governor, his heirs, or assigns, and six parts of seven of the said
freemen in provincial Council and General Assembly.
XXIV. And lastly, that I, the said William Penn^ for myself, my
heirs and assigns, have solemnly declared, granted and confirmed, and
do hereby solemnly declare, grant and confirm, that neither I, my
heirs, nor assigns, shall procure or do any thing or things, whereby
the liberties, in this charter contained and expressed, shall be in-
fringed or broken; and if any thing be procured by any person or
persons contrary to these premises, it shall be held of no force or effect.
In witness whereof, I, the said William Penn^ have unto this present
character of liberties set my hand and broad seal, this five and twen-
tieth day of the second month, vulgarly called April, in the year of
our Lord one thousand six hundred and eighty-two.
William Penn.
laws agreed upon in england, &c.*
I. That the charter of liberties, declared, granted and confirmed the
five and twentieth day of the second month, called April, 1082, before
divers witnesses, by William Penn^ Governor and chief Proprietor of
Pensilvariia, to all the freemen and planters of the said province, is
hereby declared and approved, and shall be for ever held for funda-
* Idem. pp. XXXII-XXXV.
7254— VOL 5—09 -34
3060 Pennsylvania — 1682
mental in the government thereof, according to the limitations men-
tioned in the said charter.
II. That every inhabitant in the said province, that is or shall be,
a purchaser of one hundred acres of land, or upwards, his heirs and
assigns, and every person Avho shall have paid his passage, and taken
up one hundred acres of land, at one penny an acre, and have culti-
vated ten acres thereof, and every person, that hath been a servant, or
bonds-man, and is free by his service, that shall have taken up his
fifty acres of land, and cultivated twenty thereof, and every inhabi-
tant, artificer, or other resident in the said province, that pays scot
and lot to the government; shall be deemed and accounted a free-
man of the said province: and every such person shall, and may, be
capable of electing, or being elected, representatives of the people, in
provincial Council, or (jeneral Assembly, in the said province.
III. That all elections of members, or representatives of the people
and freemen of the province of Pens'dvania^ to serve in provincial
Council, or General Assembly, to be held within the said province,
shall be free and voluntary: and that the elector, that shall receive
any reward or gift, in meat, drink, monies, or otherAvise, shall forfeit
his right to elect ; and such person as shall directly or indirectly give,
promise, or bestow any such reward as aforesaid, to be elected, shall
forfeit his election, and be thereby incapable to serve as aforesaid :
and the provincial Council and General Assembly shall be the sole
judges of the regularity, or irregularity of the elections of their own
respective Members.
IV. That no money or goods shall be raised upon, or paid by, any
of the people of this province by w^ay of public tax, custom or con-
tribution, but by a law, for that purpose made; and whoever shall
levy, collect, or pay any money or goods contrary thereunto, shall be
held a public enemy to the province and a betrayer of the liberties of
the people thereoif .
V. That all courts shall be open, and justice shall neither be sold,
denied nor delayed.
yi. That, in all courts all persons of all persuasions may freely
appear in their own way, and according to their own manner, and
there personally plead their own cause themselves; or, if unable, by
their friends : and the first process shall be the exhibition of the com-
plaint in court, fourteen days before the trial; and that the party,
complained against, may be fitted for the same, he or she shall be
summoned, no less than ten days before, and a copy of the complaint
delivered him or her, at his or her dwelling house. But before the
complaint of any person be received, he shall solemnly declare in
court, that he believes, in his conscience, his cause is just.
VII. That all pleadings, processes and records in courts, shall be
short, and in English^ and in an ordinary and plain character, that
they may be understood, and justice speedily administered.
VIII. That all trials shall be by twelve men, and as near as may
be, peers or equals, and of the neighborhood, and men without just
exception; in cases of life, there shall be first twenty-four returned
by the sheriffs, for a grand inquest, of Avhom twelve, at least, shall
find the complaint to be true; and then the twelve men, or peers, to
be likewise returned by the sheriff, shall have the final judgment.
But reasonable challenges shall be always admitted against the said
twelve men, or any of them.
Pennsylvania— 1 682 306 1
IX. That all fees in all cases shall be moderate, and settled by the
provincial Council, and General Assembly, and be hung up in a table
in every respective court ; and whosoever shall be convicted of taking
more, shall pay twofold, and be dismissed his employment; one
moiety of which shall go to the party wronged.
X. That all prisons shall be work-houses, for felons, vagrants, and
loose and idle persons ; w^hereof one shall be in every county.
XL That all prisoners shall be bailable by sufficient sureties, unless
for capital offences, where the proof is evident, or the presumption
great.
XII. That all persons wrongfully imprisoned, or prosecuted at law,
shall have double damages against the informer, or prosecutor.
XIII. That all prisons shall be free, as to fees, food and lodging.
XIV. That all lands and goods shall be liable to pay debts, except
where there is legal issue, and then all the goods, and one- third of the
land only.
, XV. That all wills, in writing, attested by two w^itnesses, shall be
of the same force as to lands, as other conveyances, being legally
proved Avithin forty days, either within or w ithout the said province.
XVI. That seven years quiet possession shall give an unquestion-
able right, except in cases of infants, lunatics, married women, or
persons beyond the seas.
XVII. That all briberies and extortion whatsoever shall be se-
verely punished.
XVIII. That all fines shall be moderate, and saving men's contene-
ments, merchandize, or w^ainage.
XIX. That all marriages (not forbidden by the law^ of God, as to
nearness of blood and affinity by marriage) shall be encouraged; but
the parents, or guardians, shall be first consulted, and the marriage
shall be published before it be solemnized ; and it shall be solemnized
by taking one another as husband and wife, before credible witnesses;
and a certificate of the whole, under the hands of parties and wit-
nesses, shall be brought to the proper register of that county, and
shall be registered in his office.
XX. And, to prevent frauds and vexatious suits within the said
province, that all charters, gifts, grants, and conveyances of and
(except leases for a year or under) and all bills, bonds, and special-
lies above five pounds, and not under three months, made in the said
province, shall be enrolled, or registered in the public enrolment office
of the said province, within the space of two months next after the
making thereof, else to be void in law, and all deeds, grants, and con-
veyances of land (except as aforesaid) within the said province, and
made out of the said province, shall be enrolled or registered, as
rforesaid, within six months next after the making thereof, and set-
tling and constituting an enrolment office or registry within the said
province, else to be void in law against all persons whatsoever.
XXI. That all defacers or corrupters of charters, gifts, grants,
bonds, bills, wills, contracts, and conveyances, or tliat shall deface or
falsify any enrolment, registry or record, within this province, shall
make double satisfaction for the same ; half whereof shall go to the
party wronged, and they shall be dismissed of all places of trust, and
be publicly disgraced as false men.
XXII. That there shall be a register for births, marriages, burials,
wills, and letters of administration, distinct from the other registry.
3062 Pennsylvania— 1682
XXIII. That there shall be a register for all servants, where their
names, time, wages, and days of payment shall be registered.
XXIV. That all lands and goods of felons shall be liable, to make
satisfaction to the party wronged twice the value; and for want of
lands or goods, the felons shall be bondmen to work in the common
prison, or work-house, or otherwise, till the party injured be satisfied.
XXV. That the estates of capital offenders, as traitors and mur-
derers, shall go, one-third to the next of kin to the sufferer, and the
remainder to the next of kin to the criminal.
XXVI. That all witnesses, coming, or called, to testify their knowl-
edge in or to any matter or thing, in any court, or before any lawful
authority, within the said province, shall there give or deliver in their
evidence, or testimony, by solemnly promising to speak the truth, the
whole truth, and nothing but the truth, to the matter, or thing in
question. And in case any person so called to evidence, shall be con-
victed of wilful falsehood, such person shall suffer and undergo such
damage or penalty, as the person, or persons, against whom he or she
bore false witness, did, or should, undergo ; and shall also make satis-
faction to the party wronged, and be publicly exposed as a false wit-
ness, never to be credited in any court, or before any Magistrate, in
the said province.
XXVII. And, to the end that all officers chosen to serve within
this province, may, with more care and diligence, answer the trust
reposed in them, it is agreed, that no such person shall enjoy more
than one public office, at one time.
XXVIII. That all children, within this province, of the age of
twelve years, shall be taught some useful trade or skill, to the end
none may be idle, but the poor may work to live, and the rich, if they
become poor, may not want.
XXIX. That servants be not kept longer than their time, and
such as are careful, be both justly and kindly used in their service,
and put in fitting equipage at the expiration thereof, according to
custom.
XXX. That all scandalous and malicious reporters, backbiters,
defamers and spreaders of false news, whether against Magistrates,
or private persons, shall be accordingly severely punished, as enemies
to the peace and concord of this province.
XXXI. That for the encouragement of the planters and traders
in this province, who are incorporated into a society, the patent
granted to them by William Penn, Governor of the said province, is
herebv ratified and confirmed.
XXXII. * * *
XXXIII. That all factors or correspondents in the said province,
wronging their employers, shall make satisfaction, and one-third
over, to their said employers: and in case of the death of any such
factor or correspondent, the committee of trade shall take care to
secure so much of the deceased party's estate as belongs to his said
respective employers.
XXXIV. That all Treasurers, Judges, Masters of the Rolls, Sher-
iffs, Justices of the Peace, and other officers and persons whatsoever,
relating to courts, or trials of causes, or any other service in the
government; and all Members elected to serve in provincial Council
and General Assembly, and all that have right to elect such Members,
Pennsylvania— 168^ 3063
shall be such as possess faith in Jesus Christ, and that are not con-
victed of ill fame, or unsober and dishonest conversation, and that
are of one and twenty years of a^e, at least; and that all such so
qualified, shall be capable of the said several employments and privi-
leges, as aforesaid.
XXXV. That all persons living in this province, who confess and
acknowledge the one Almighty and eternal God, to be the Creator,
Upholder and Ruler of the world ; and that hold themselves obliged
in conscience to live peaceably and justly in civil society, shall, in
no ways, be molested or prejudiced for their religious persuasion,
or practice, in matters of faith and worship, nor shall they be com-
pelled, at any time, to frequent or maintain any religious worship,
place or ministry whatever.
XXXVI. That, according to the good example of the primitive
Christians, and the case of the creation, every first day of the week,
called the Lord's day, people shall abstain from their common daily
labour, that they may the better dispose themselves to worship God
according to their understandings.
XXXVII. That as a careless and corrupt administration of jus-
tice draws the wrath of God upon magistrates, so the wildness and
looseness of the people provoke the indignation of God against a
country: therefore, that all such offences against God, as swearing,
cursing, lying, prophane talking, drunkenness, drinking of healths,
obscene words, incest, sodomy, rapes, whoredom, fornication, and other
uncleanness (not to be repeated) all treasons, misprisions, murders,
duels, felony, seditions, maims, forcible entries, and other violences,
to the persons and estates of the inhabitants within this province;
all prizes, stage-plays, cards, dice. May-games, gamesters, masques,
revels, bull-baitings, cock-fightings, bear-baitings, and the like, which
excite the people to rudeness, cruelty, looseness, and irreligion, shall
be respectively discouraged, and severely punished, according to the
appointment of the Governor and freemen in provincial Council and
General Assembly; as also all proceedings contrary to these laws,
that are not here made expressly penal.
XXXVIII. That a copy of these laws shall be hung up in the pro-
vincial Council, and in public courts of justice: and that they shall
be read yearly at the opening of every provincial Council and General
Assembly, and court of justice; and their assent shall be testified, by
their standing up after the reading thereof.
XXXIX. That there shall be, at no time, any alteration of any of
these laws, without the consent of the Governor, his heirs, or assigns,
and six parts of seven of the freemen, met in provincial Council and
General Assembly.
XL. That all other matters and things not herein provided for,
which shall, and may, concern the public justice, peace or safety of
the said province; and the raising and imposing taxes, customs,
duties, or other charges whatsoever, shall be, and are, hereby referred
to the order, prudence and determination of the Governor and free-
men, in provincial Council and General Assembly, to be held, from
time to time, in the said province.
Signed and sealed by the Governor and freemen aforesaid, the
fifth day of the third month, called May, one thousand six hundred
and eighty-two.
3064 Pennsylvania — 1683
FEAME OF GOVEENMENT OF PENNSYLVANIA— 1683 *
The Frame of the Government of the Province of Pennsylvania and
Territories thereunto annexed^ in America.
To all persons^ to whom these presents may come. Whereas king
Charles the Second, by his letters patents, under the gseat seal of
England^ bearing date the fourth day of March, in the thirty and
third year of the king, for divers considerations therein mentioned,
hath been graciously pleased to give and grant unto me William Penn
(by the name of William Penn^ Esquire, son and heir of Sir William
Penn, deceased) and to my heirs and assigns for ever, all that tract
of land or province called Pennsylvania, in Am^erica, with divers
great powers, preheminencies, royalties, jurisdictions and author-
ities, necessary for the Avell-being and government thereof. And
whereas, the king's dearest brother James, duke of York and Albany,
&c., by his deeds of feoffment, under his hand and seal, duly per-
fected, bearing date the four and twentieth day of August, one
thousand six hundred eighty and two, did grant unto me, my heirs
and assigns, all that tract of land, lying and being from twelve miles
northward of Newcastle, upon Delaware river, in America, to Cape
Hinlopen, upon the said river and bay of Delaware southward,
together with all royalties, franchises, duties, jurisdictions, liberties
and privileges thereunto belonging.
Now know ye. That for the well-being and good government of the
said province and territories thereunto annexed, and for the encour-
agement of all the freemen and planters, that may be therein con-
cerned, in pursuance of the rights and powers aforementioned, I,
the said William Penn, have declared, granted, and confirmed, and
by these presents, for me, my heirs and assigns, do declare, grant and
confirm unto all the freemen, planters and adventurers of, in and to
the said province and territories thereof, these liberties, franchises
and properties, so far as in me lieth, to be held, enjoyed and kept by
the freemen, planters and adventurers of and in the said province of
Pennsylvania, and territories thereunto annexed, for ever.
Imprimis, That the government of this province and territories
thereof, shall, from time to time, according to the powers of the
patent and deeds of feoffment aforesaid, consist of the Proprietary
and Governor, and freemen of the said province and territories
thereof, in form of provincial Council and General Assembly ; Avhich
provincial Council shall consist of eighteen persons, being three out
of each county, and which Assembly shall consist of thirty-six per-
sons, being six out of each county, men of most note for their virtue,
wisdom and ability ; by whom all laws shall be made, officers chosen,
and public affairs transacted, as is hereafter limited and declared.
II. There being three persons already chosen for every respective
county of this province and territories thereof, to serve in the pro-
vincial Council, one of them for three years; one for two years, and
one for one year ; and one of them to go off yearly, in every county ;
that on the tenth day of the first month yearly, for ever after, the
freemen of the said province and territories thereof, shall meet
* Idem, Appendix, IV-VII.
Pennsylvania— 16S3 3065
together, in the most convenient place, in every county of this prov-
ince and territories thereof, then and there to chuse one person, quali-
fied as aforesaid, in every county, being one-third of the number to
serve in provincial Council, for three years; it being intended, that
one-third of the whole provincial Council, consisting and to consist
of eighteen persons, falling off j^early, it shall be yearly supplied with
such yearly elections, as aforesaid ; and that one person shall not con-
tinue in longer than three years; and in case any member shall
decease before the last election, during his time, that then, at the
next election ensuing his decease, another shall be chosen to supply
his place for the remaining time he was to have served, and no
longer.
III. That, after the first seven years, every one of the said third
parts, that goeth yearly off, shall be incapable of being chosen again
for one whole year following, that so all that are capable and quali-
fied, as aforesaid, may be fitted for government, and have a share of
the care and burden of it.
IV. That the provincial Council in all cases and matters of mo-
ment, as their arguing upon bills to be passed into laws, or proceed-
ings about erecting of courts of justice, sitting in judgment upon crim-
inals impeached, and choice of officers, in such manner as is herein
after expressed, not less than two-thirds of the whole shall make a
quorum; and that the consent and approbation of two-thirds of that
quorum shall be had in all such cases, or matters, of moment: and
that, in all cases and matters of lesser moment, one-third of the
whole shall make a quorum^ the majority of which shall and may
always determine in such cases and causes of lesser moment.
V. That the Governor and provincial Council shall have the power
of preparing and proposing to the Assembly, hereafter mentioned,
all bills, which they shall see needful, and that shall, at any time, be
past into laws, within the said province and territories thereof,
Avhich bills shall be published and affixed to the most noted places,
in every county of this province and territories thereof, twenty days
before the meeting of the Assembly, in order to passing theui into
laws.
VI. That the Governor and provincial Council shall take care that
all laws, statutes and ordinances, which shall, at any time, be made
within the said province and territories, be duly and diligently
executed.
VII. That the Governor and provincial Council shall, at all times,
have the care of the peace and safety of this province and territories
thereof; and that nothing be, by any person, attempted, to the sub-
version of this frame of government.
VIII. That the Governor and provincial Council shall, at all times,
settle and order the situation of all cities, and market towns, in every
county, modelling therein all public buildings, streets and market
places; and shall appoint all necessary roads and highways, in this
province and" territories thereof.
IX. That the Governor and provincial Council shall, at all times,
have power to inspect the management of the public treasury, and
punish those who shall convert any part thereof to any other use,
than what hath been agreed upon by the Governor, provincial Coun-
cil and Assembly.
3066 Pennsylvania— 1683
X. That the Governor and provincial Council shall erect and order
all public schools, and encourage and reward the authors of useful
sciences and laudable inventions in the said province and territories
thereof.
XI. That one-third part of the provincial Council, residing with
the Governor, from time to time, shall with the Governor have the
care of the management of public affairs, relating to the peace, jus-
tice, treasury and improvement of the province and territories, and
to the good education of youth, and sobriety of the manners of the
inhabitants therein, as aforesaid.
XII. That the Governor, or his Deputy, shall always preside in
the provincial Council, and that he shall, at no time, therein perform
any public act of state whatsoever, that shall, or may, relate unto
the justice, trade, treasury, or safety of the province and territories
as aforesaid, but by and with the advice and consent of the provincial
Council thereof.
XIII. And to the end that all bills prepared and agreed by the
Governor and provincial Council, as aforesaid, may yet have the
more full concurrence of the freemen of the province and territories
thereof, it is declared, granted and confirmed, that, at the time and
place in every county for the choice of one person to serve in pro-
vincial Council, as aforesaid, the respective Members thereof, at their
said meeting, shall yearly chuse out of themselves six persons of
most note, for virtue, wisdom and ability, to serve in Assembly, as
their representatives, who shall yearly meet on the tenth day of the
third month, in the capital town or city of the said province, unless
the Governor and provincial Council shall think fit to appoint
another place to meet in, where, during eight days, the several Mem-
bers may confer freely with one another; and if any of them see
meet, with a committee of the provincial Council, which shall be,
at that time, purposely appointed, to receive from any of them pro-
posals for the alterations, or amendments, of any of the said proposed
and promulgated bills; and on the ninth day from their so meeting,
the said Assembly, after their reading over the proposed bills, by
the Clerk of the provincial Council, and the occasions and motives
for them being opened by the Governor or his Deputy, shall, upon
the question by him put, give their affirmative or negative, which to
them seeineth best, in such manner as is hereafter expressed : but not
less than two-thirds shall make a quorum in the passing of all bills
into laws, and choice of such officers as are by them to be chosen.
XIV. That the laws so prepared and proposed, as aforesaid, that
are assented to by the Assembly, shall be enrolled as laws of this
province and territories thereof, with this stile: By the Governor^
%oitli the assent and approbation of the freemen in provincial Council
and Assembly met^ and from henceforth the meetings, sessions, acts,
and proceedings of the Governor, provincial Council and Assembly,
shall be stiled and called. The meeting^ sessions and proceedings of
the General Assembly of the province of Pennsylvania^ and the terri-
tories thereunto belonging ,
XV. And that the representatives of the people in provincial Coun-
cil and Assembly, may, in after ages, bear some proportion with the
increase and multiplying of the people, the number of such repre-
sentatives of the people may be, from time to time, increased and
enlarged, so as at no time, the number exceeds seventy-two for the
Pennsylvania— 1683 . 3067
provincial Council, and two hundred for the Assembly ; the appoint-
ment and proportion of which number, as also the laying and method-
izing of the choice of such representatives in future time, most equally
to the division of the country, or number of the inhabitants, is left to
the Governor and provincial Council to propose, and the Assembly to
resolve, so that the order of proportion be strictl}^ observed, both in
the choice of the Council and the respective committees thereof, vis. :
one third to go off, and come in yearly.
XVI. That from and after the death of this present Governor, the
provincial Council shall, together with the succeeding Governor,
erect, from time to time, standing courts of justice, in such places and
number as they shall judge convenient for the good government of the
said province and territories thereof ; and that the provincial Council
shall, on the thirteenth day of the second month then next ensuing,
elect and present to the Governor, or his Deputy, a double number of
persons, to serve for Judges, Treasurers, and Masters of the Rolls,
within the said province and territories, to continue so long as they
shall well behave themselves, in those capacities respectively ; and the
freemen of the said province, in an Assembly met on the thirteenth
day of the third month, yearly, shall elect and then present to the Gov-
ernor, or his Deputy, a double number of persons to serve for Sheriffs,
Justices of the Peace, and Coroners, for the year next ensuing ; out of
which respective elections and presentments, the Governor, or his
Deputy, shall nominate and commissionate the proper number for
each office, the third day after the said respective presentments; or
else the first named in such presentment, for each office, as aforesaid,
.shall stand and serve in that office, the time before respectively lim-
ited ; and in case of death or default, such vacancy shall be supplied
by the Governor and provincial Council in manner aforesaid.
XVII. That the Assembly shall continue so long as may be needful
to impeach criminals, fit to be there impeached, to pass such bills into
laws as are proposed to them, which they shall think fit to pass into
laws, and till such time as the Governor and provincial Council shall
declare, that they have nothing further to propose unto them, for
their assent and approbation, and that declaration shall be a dismiss
to the assembly, for that time; which Assembly shall be, notwith-
standing, capable of assembling together, upon the summons of the
Governor and provincial Council, at any time, during that year, if
the Governor and provincial Council shall see occasion for their so
assembling.
XVIII. That all the elections of members, of representatives of the
people to serve in provincial Council and Assembly, and all questions
to be determined by both or either of them, that relate to choice of
officers, and all, or any other personal matters, shall be resolved or
determined by the ballot, and all things relating to the preparing and
passing of bills into laws, shall be openly declared and resolved by
the vote.
XIX. That, at all times, when the Proprietary and Governor shall
happen to be an infant, and under the age of one and twenty years,
and no guardians or commissioners are appointed in writing, by the
father of the said infant, or that such guardian shall be deceased, that
during such minority, the provincial Council shall, from time to
time, as they shall see .meet, constitute and appoint guardians and
commissioners, not exceeding three, one of which shall preside as
3068 . Pennsylvania— 1683
deputy, and chief guardian, during such minority, and shall have and
execute, with the consent of one of the other two, all the power of a
Governor, in all public affairs and concerns of the said province and
territories thereof, according to charter ; which said guardian so ap-
pointed, shall also have the care and oversight of the estate of the
said minor, and be yearly accountable and responsible for the same
to the provincial Council, and the provincial Council to the minor,
when of age, or to the next heir, in case of the minor's death, for
the trust before expressed.
XX. That as often as any days of the month mentioned in any
article of this charter, shall fall upon the first day of the week, com-
monly called the Lorcfs day, the business appointed for that day,
shall be deferred until the next day, unless in cases of emergency.
XXI. And, for the satisfaction and encouragement of all aliens, I
do give and grant, that, if any alien, who is, or shall be a purchaser,
or who doth, or shall, inhabit in this province or territories thereof,
shall decease at any time before he can well be naturalized, his right
and interest therein shall notwithstanding descend to his wife and
children, or other his relations, be he testate, or intestate, according
to the laws of this province or territories thereof, in such cases pro-
vided, in as free and ample manner, to all intents and purposes, as
if the said alien had been naturalized.
XXII. And that the inhabitants of this province and territories
thereof may be accommodated with such food and sustenance, as
God, in His providence, hath freely afforded, I do also further grant
to the inhabitants of this province and territories thereof, liberty to
fowl and hunt upon the lands they hold, and all other lands therein
not inclosed;, and to fish, in all waters in the said lands, and in all
rivers and rivulets in, and belonging to, this province and territories
thereof, with liberty to draw his or their fish on shore on any man's
lands, so as it be not to the detriment, or annoyance of the owner
thereof, except such lands as do lie upon inland rivulets that are not
boatable, or which are, or may be hereafter erected into manors.
XXIII. And that all the inhabitants of this province and terri-
tories thereof, whether purchasers or others, may have the last
worldly pledge of my good and kind intentions to them and theirs,
I do give, grant and confirm to all and every one of them, full and
quiet possession of their respective lands, to which they have any
lawful or equitable claim, saving only such rents and services for the
same, as are, or customarily ought to be, reserved to me, my heirs
or assigns.
XXIV. That no act, law, or ordinance whatsoever, shall, at any
time hereafter, be made or done by the Proprietary and Governor of
this province, and territories thereunto belonging, his heirs or assigns,
or by the freemen in provincial Council or Assembly, to alter, change
or diminish the form or effect of this charter, or any part or clause
thereof, contrary to the true intent and meaning thereof, Avithout the
consent of the Proprietary and Governor, his heirs or assigns, and
six parts of seven of the said freemen in provincial Council and
Assembly met.
XXV. And lastly, I, the said William Penn^ Proprietary and Gov-
ernor of the province of Pennsylvania^ and territories thereunto be-
longing, for me, my heirs and assigns, have solemnly declared,
granted and confirmed, and do hereby solmnly declare, grant and
Pennsylvania— 1 68S 3069
confirm, that neither I, my heirs nor assigns, shall procure, or do,
any thing or things, whereby the liberties, in this charter contained
and expressed, shall be infringed or broken : and if any thing be pro-
cured, by any person or persons, contrary to these premises, it shall
be held of no force or effect. In witness whereof, I, the said Williain
Penn^ at Philadelphia^ in Pennsylvania^ have unto this present char-
ter of liberties set my hand and broad seal, this second day of the
second month, in the year of our Lord one thousand six hundred and
eighty and three, being the five and thirtieth year of the king, and
the third year of my government.
WiixiAM Penn.
This within charter^ which we have distinctly heard read and
thankfully received, shall be by us inviolably kept, at Philadelphia^
the second day of the second month, one thousand six hundred eighty
and three.
The Members of the provincial Council present:
William Markham, William Clark, »
John Moll, William Biles,
William Haige, James Harrison,
Christopher Taylor, John Richardson,
John Simcock, Philip Thomas Lenman,
William Clayton, Seer, Gov.
Francis Whittwel, Richard Ingelo, CI. Coun.
Thomas Holme,
The Members of the Assembly present:
Casparus Harman, Thomas Hassald,
John Darby, John Hart,
Benjamin Williams, Robert Hall,
William Guest, Robert Bedwell,
Valentine Hollingsworth, William Simsmore,
James Boy den, Samuel Darke,
Bennony Bishop, Robert Lucas,
John Beazor, James Williams,
John Harding, John Blunston,
Andrews Bringston, John Songhurst,
Simon Irons, John Hill,
John Wood, Nicholas Wain,
John Curtis, Thomas Fitzwater,
Daniel Brown, John Clows,
William Futcher, Luke Watson,
John Kipshaven, Joseph Phipps,
Alexander Molestine, Dennis Rotchford,
Robert Bracy, senior, John Brinklair,
Thomas Bracy, Henry Bowman, .
William Yardly, Cornelius Verhoofe,
John Hastings, John Southworth, CI. Synod.
Robert Wade,
Some of the inhabitants of Philadelphia present :
William Howell, Henry Lewis,
Edmund Warner, Samuel Miles.
3070 Pennsylvania— 1696
FRAME OF GOVERNMENT OF PENNSYLVANIA— 1696 *
The ^rame of Government of the Province of Pennsylvania, and the
territories thereunto belonging ; passed hy Governor Markham^
November 7, 1696
Whereas, the late king Charles the Second, in the three and thir-
tieth year of his reign, by letters patent under the great seal of
England^ did, for the considerations therein mentioned, grant unto
William Penn, his heirs and assigns, for ever, this colony, or tract of
land, thereby erecting the same into a province, called Pennsylvania,
and constitviting him, the said William Penn, absolute Proprietary
thereof, vesting him, his Deputies and Lieutenants, with divers great
powers, pre-eminences, royalties, jurisdictions and authorities, nec-
essary for the well-being and good government of the said province.
And whereas the late Duke of York and Albany, &c., for valuable
considerations, did grant unto the said William Penn, his heirs and
assigns, all that tract of land which hath been cast, or divided into three
counties, now called Newcastle, Kent, and Sussex, together with all roy-
alties, franchises, duties, jurisdictions, liberties and privileges there-
unto belonging; which last mentioned tract being intended as a benefi-
cial and requisite addition to the territory of the said Proprietary, he.
the said Proprietary and Governor, at the request of the freemen of the
said three counties, by their deputies, in Assembly met, with the rep-
resentatives of the freemen of the said province at Chester, alias
Upland, on the sixth day of the tenth month, 1682, did (with the
advice and consent of the Members of the said Assembly) enact, that
the said three counties should be annexed to the province of Pennsyl-
vania, as the proper territories thereof: and whereas king William
and the late queen Mary, over England, &c., by their letters patent
and commission, under the great seal of England, dated the twenty-
first day of October, in the fourth year of their reign, having, (for
the reasons therein mentioned) taken the government of this said
province and territories into their hands, and under their care and
protection, did think fit to constitute Benjamin Fletcher, Governor of
New York, to be their Captain General, and Governor in Chief, over
this province and country. And whereas, also the said king and
queen afterwards, by their letters patent, under the great seal of
England, dated the twentieth day of August, in the sixth year of their
reign, have thought fit, upon the humble application of the said Wil-
liam Penn, to restore him to the administration of the government of
the said province and territories ; and that so much of their said com-
mission as did constitute the said Benjamin Fletcher, their Captain
General and Governor in Chief of the said province of Pennsylvania,
country of Nerocastle, and the territories and tracts of land depending
thereupon, in America, together with all the powers and authorities
thereby granted for the ruling and governing their said province and
country, should, from the publication of the said last recited letters
patent, cease, determine and become void; and accordingly the same
are hereby declared void ; whereupon the said William Penn did com-
missionate his kinsman, William Marhham, Governor under him,
* Idem. Appendix, VIII-XII.
Pennsylvania — 1696 3071
with directions to act according to the known laws and usages of this
government.
Now, forasmuch as the former frame of government, modelled by
act of settlement, and charter of liberties, is not deemed, in all
respects, suitably accommodated to our present circumstances, there-
fore it is unanimously desired that it may be enacted, And be it
enacted by the Governor aforesaid, with the advice and consent of
the representatives of the freemen of the said province and territories,
in Assembly met, and by the authority of the same, that this gov-
ernment shall, from time to time, consist of the Governor, or his
Deputy, or Deputies, and the freemen of the said province, and ter-
ritories thereof, in form of a Council and Assembly; which Council
and Assembly shall be men of most note for virtue, wisdom and
ability; and shall, from and after the tenth day of the first month
next, consist of two persons out of each of the counties of this gov-
ernment, to serve as the people's representatives in Council; and of
four persons out of each of the said counties, to serve as their repre-
sentatives in Assembly; for the electing of which representatives, it
shall and may be lawful to and for all the freemen of this province
and territory aforesaid, to meet together on the tenth day of the first
month yearly hereafter, in the most convenient and usual place for elec-
tion, within the respective counties, then and there to chuse their said
representatives as aforesaid, who shall meet on the tenth day of the
third month yearly, in the capital town of the said province, unless
the Governor and Council shall think fit to appoint another place.
And, to the end it may be known who those are, in this province
and territories, who ought to have right of, or to be deemed freemen,
to chuse, or be chosen, to serve in Council and Assembly, as aforesaid.
Be it enacted by the authority aforesaid, That no inhabitant of this
province or territories, shall have right of electing, or being elected
as aforesaid, unless they be free denizens of this government, and are
of the age of twenty-one years, or upwards, and have fifty acres
of land, ten acres whereof being seated and cleared, or be otherwise
worth fifty pounds^ lawful money of this government, clear estate,
and have been resident within this government for the space of two
years next before such election.
And whereas divers persons within this government, cannot, for
conscience sake, take an oath, upon any account whatsoever. Be it
therefore enacted by the authority aforesaid, That all and every such
person and persons, being, at any time hereafter, required, upon any
lawful occasion, to give evidence, or take an oath, in any case whatso-
ever, shall, instead of swearing, be permitted to make his, or their sol-
emn affirmation, attest, or declaration, which shall be adjudged, and is
hereby enacted and declared to be of the same force and effect, to all
intents and purposes whatsoever, as if they had taken an oath ; and in
case any such person or persons shall be lawfully convicted of having
wilfully and corruptly affirmed, or declared any matter or thin^, upon
such solemn affirmation or attest, shall incur the same penalties and
forfeitures as by the laws and statutes of England are provided
against persons convicted of wilful and corrupt perjury.
And be it further enacted by the authority aforesaid, That all per-
sons who shall be hereafter either elected to serve in Council and
Assembly, or commissioned or appointed to be Judges, Justices,
3072 Pennsylvania — 1 696
Masters of the Rolls, Sheriflfs, Coroners, and all other offices of State
and trust, within this government, who shall conscientiously scruple
to take an oath, but when lawfully required, will make and subscribe
the declaration and profession of their Christian belief, according to
the late act of parliament, made in the first year of king William^
and the late queen Mary^ entitled, An act for exempting their majes-
ties' Protestant subjects, dissenting from the Church of England^
from the penalty of certain laws, shall be adjudged, and are hereby
declared to be qualified to act in their said respective offices and places,
and thereupon the several officers herein mentioned, shall, instead of
an oath make their solemn affirmation or declaration in manner and
form following ; that is to sa}^.
The form of Judges' and Justices' attest shall be in these words, viz:
Thou shalt solemnly promise that as Judge, or Justice, according
to the Governor's commission to thee directed, thou shalt do equal
to the Governor's commission to thee directed, thou shalt do equal right
to the poor and rich, to the best of thy knowledge and power, accord-
ing to law, and after the usages and constitutions of this government;
thee, but shalt well and truly do thy office in every respect, according
to the best of thy understanding.
The form of the attests to be taken by the Masters of the Rolls,
Secretaries, Clerks, and such like officers, shall be thus, viz :
Thou shalt well and faithfully execute the office of, &c., according
to the best of thy skill and knowledge ; taking such fees only as thou
oughtest to receive by the laws of this government.
The form of the Sheriffs' and Coroners' attest, shall be in these
words, viz :
Thou shalt solemnly promise, that thou wilt well and truly serve
the King and Governor in the office of the Sheriff (or Coroner) of the
county of, &c., and preserve the King and Governor's rights, as far
forth as thou canst, or maj^est ; thou shalt truly serve, and return, all
the writs and precepts to thee directed ; thou shalt take no bailiff, nor
deputy, but such as thou wilt answ^er for ; thou shalt receive no writs,
except from such judges and justices who, by the laws of this govern-
ment, have authority to issue and direct writs unto thee; and thou
shalt diligently and truly do and accomplish all things appertaining
to thy office, after the best of thy wit and powder, both for the King and
Governor's profit, and good of the inhabitants within the said county,
taking such fees only as thou oughtest to take by the laws of this
government, and not otherwise.
The form of a Constable's attest shall be this, viz :
Thou shalt solemnly promise, well and duly, according to the best
of thy understanding, to execute the office of a Constable for the town
(or county) of P. for this ensuing year, or until another be attested
in thy room, or thou shalt be legally discharged thereof.
The form of the Grand Inquest's attests shall be in these words, viz :
Thou shalt diligently enquire, and true presentment make, of all
such matters and things as shall be given thee in charge, or come to
thy knowledge, touching this present service ; the King's counsel, thy
fellows, and thy own, thou shalt keep secret, and in all things thou
shalt present the truth, and nothing but the truth, to the best of th}^
knowledge.
Pennsylvania — 1696 3073
This being given to the Foreman, the rest of the Inquest shall be
attested thus, by three at a time, viz:
The same attestation that your Foreman hath taken on his part, you
will well and truly keep on your parts.
The form of the attest to be given to the Traverse Jury, by four at
a time, shall be thus, viz:
You solemnly promise that you will well and truly try the issue of
traverse between the lord the King, and A. B. whom you have in
charge, according to your evidence.
In civil causes, thus, viz :
You solemnly promise that you will well and truly try the issue
between A. B. plaintiff, and C. D. defendant, according to your
evidence.
Provided always, and it is hereby intended, that no person shall be,
by this act, excused from swearing, who, by the acts of parliament,
for trade and navigation, are, or shall be required to take an oath.
And, that elections may not be corruptly managed, on which the
good of the government so much depends. Be it further enacted by the
authority aforesaid, that all elections of the said representatives shall
be free and voluntary, and that the electors, who shall receive any
reward, or gift, for giving his vote, shall forfeit his right to elect for
that year; and such person or persons, as shall give, or promise, any
such reward to be elected, or that shall offer to serve for nothing, or
for less wages than the law prescribes, shall be thereby rendered
incapable to serve in Council, or Assembly, for that year ; and the rep-
resentatives so chosen, either for Council or Assembly, shall yield their
attendance accordingly, and be the sole judges of the regularity, or
irregularity of the elections of their respective Members; and if any
person, or persons, chosen to serve in Council, or Assembly, shall be
wilfully absent from the service, he or they are so chosen to attend, or
be deceased, or rendered incapable, then, and in all such cases, it shall
be lawful for the Governor, within ten days after knowledge of the
same, to issue forth a writ to the Sheriff of the county, for which the
said person, or persons, were chosen, immediately to summons the
freemen of the same to elect another member in the room. of such
absent, deceased, or incapable person or persons; and in case any
Sheriff shall misbehave himself, in the management of any of the said
elections, he shall be punished accordingly, at the discretion of the
Governor and Council, for the time being.
Be it further enacted by the authority aforesaid. That every mem-
ber now chosen, or hereafter to be chosen, by the freemen as afore-
said, to serve in Council, and the Speaker of the Assembly, shall be
allowed five shillings by the day, during his and their attendance;
and every Member of Assembly shall be allowed four shillings by the
day, during his attendance on the service of the Assembly ; and that
every Member of Council and Assembly shall be allowed towards
their traveling charges after the rate oi two pence each mile, both
going to, and coming from, the place, where the Council and Assem-
bly is, or shall be, held; all which sums shall be paid yearly out of
the county levies, by the county receivers respectively.
And be it further enacted by the authority aforesaid. That the
Governor, or his Deputy, shall always preside in the Council, and that
he shall, at no time, perform any public act of state whatsoever, that
3074 Pennsylvania — 1696
shall, or may relate unto the justice, treasury or trade of the province
and territories, but by and with the advice and consent of the Council
thereof, or major part of them that shall be present.
And be it further enacted by the authority aforesaid, That all the
Sheriffs and Clerks of the respective counties of the said province,
and territories, who are, or shall be, commissionated, shall give good
and sufficient security to the Governor, for answering the king and
his people, in matters relating to the said offices respectively.
And be it further enacted by the authority aforesaid, That the
Council, in all cases and matters of moment, as about erecting courts
of justice, sitting in judgment upon persons impeached, and upon
bills and other matters, that may be, from time to time, presented by
the Assembly, not less than two-thirds shall make a quorum; and
that the consent and approbation of the majority of that quorum
shall be had in all such cases and matters of moment; and that in
cases of less moment, not less than one-third of the whole shall make
a quorum ; the majority of which shall, and may, always determine in
all such matters of lesser moment, as are not above specified : and in
case the Governor's power shall hereafter happen to be in the Council,
a President shall then be chosen out of themselves by tAvo-thirds, or
the major part of them; which President shall therein preside.
Be it further enacted by the authority aforesaid. That the Governor
and Council shall take care that all the laws, statutes and ordinances,
which shall at any time be made within the said province and terri-
tories, be duly and diligently executed.
Be in further enacted by the authority aforesaid, That the Governor
and Council shall, at all times, have the care of the peace of this
province and territories thereof, and that nothing be, by any persons,
attempted to the subversion of this frame of government.
And be it further enacted by the authority aforesaid. That the Gov-
ernor and Council for the time being, shall, at all times, settle and
order the situation of all cities and market towns, modeling therein
all public buildings, streets and market places ; and shall appoint all
public landing places of the towns of this province and territories:
and if any man's property shall be judged by the Governor and Coun-
cil to be commodious for such landing place in the said towns, and
that the same be by them appointed as such, that the owner shall have
such reasonable satisfaction given him for the same as the Governor
and Council shall see meet, to be paid by the said respective towns.
Be it further enacted hj the authority aforesaid. That the Governor
and Council shall, at all times, have power to inspect the management
of the public treasury, and punish those who shall convert any part
thereof to any other use, than what hath been agreed upon by the
Governor, Council and Assembly.
Be it further enacted by the authority aforesaid. That the Governor
and Council shall erect and order all public houses, and encourage
and reward the authors of useful sciences and laudable inventions in
the said province, and territories thereof.
And be it further enacted by the authority aforesaid, That the Gov-
ernor and Council shall, from time to time have the care of the man-
agement of all public affairs, relating to the peace, safety, justice,
treasury, trade, and improvement of the province and territories, and
to the good education of youth, and sobriety of the manners of the
inhabitants therein, as aforesaid.
Pennsylvania— 1 696 3075
And be it further enacted by the authority aforesaid, That the rep-
resentatives of the freemen, when met in Assembly, shall have power
to prepare and propose to the Governor and Council all such bills as
they or the major part of them, shall, at any time, see needful to be
passed into laws, within the said province and territories.
Provided always. That nothing herein contained shall debar the
Governor and Council from recommending to the Assembly all such
bills as they shall think fit to be passed into laws; and that the
Council and Assembly may, upon occasion, confer together in com-
mittees, when desired ; all which proposed and prepared bills, or such
of them, as the Governor, w4th the advice of the Council, shall, in
open Assembly, declare his assent unto, shall be the laws of this
province and territories thereof, and published accordingly, with
this stile. By the Governor^ with the assent and approbation of the
freemen in General Assembly met; a true transcript, or duplicate
whereof, shall be transmitted to the king's privy council, for the time
being, according to the said late king's letters patent.
And be it further enacted by the authority aforesaid. That the
Assembly, shall sit upon their own adjournments, and committees,
and continue, in order to prepare and propose bills, redress griev-
ances, and impeach criminals, or such persons as they shall think fit
to be there impeached, until the Governor and Council, for the time
being, shall dismiss them; which Assembly shall, notwithstanding
such dismiss, be capable of Assembling together upon summons of
the Governor and Council, at any time during that year ; two-thirds
of which Assembly, in all cases, shall make a quorum.
And be it enacted by the authority aforesaid. That all elections of
representatives for Council and Assembly, and all questions to be
determined by them, shall be by major part of votes.
Be it further enacted by the authority aforesaid. That as oft as any
days of the month, mentioned in any article of this act, shall fall
upon the first day of the week, commonly called the Lord's day, the
business appointed for that day, shall be deferred till the next day,
unless in cases of emergency.
Be it further enacted by the authority aforesaid. That if any alien,
who is, or shall be a purchaser of lands, or who doth, or shall inhabit
in this province, or territories thereof, shall decease at any time
before he can well be denizised, his right and interest therein shall
notwithstanding descend to his wife and children, or other, his rela-
tions, be he testate, or intestate, according to the laws of this province
and territories thereof, in such cases provided, in as free and ample
manned, to all intents and purposes, as if said alien had been
denizised.
And that the people may be accommodated with such food and
sustenance as God, in his providence, hath freely afforded. Be it
enacted by the authority aforesaid, That the inhabitants of this
province and territories thereof, shall have liberty to fish and hunt,
upon the lands they hold, or all other lands therein, not inclosed, and.
to fish in all waters in the said lands, and in all rivers and rivulets,
in and belonging to this province and territories thereof, with liberty
to draw his, or their fish upon any man's land, so as it be not to the
detriment or annoyance of the owner thereof, except such lands as do
lie upon inland rivulets, that are not boatable, or which hereafter may
be erected into manors.
7254— VOL 5—09 35
3076 Pennsylvania — 1 701
Be it further enacted by the authority aforesaid, That all inhabi-
tants of this province and territories, whether purchasers, or others,
and every one of them, shall have full and quiet enjoyment of their
respective lands and tenements, to which they have any lawful or
equitable claim, saving only such rents and services for the same, as
are, or customarily ought to be, reserved to the lord, or lords of the
fee thereof, respectively.
Be it further enacted by the authority aforesaid, That no act, law,
or ordinance whatsoever, shall, at any time hereafter, be made or
done, by the Governor of this province, and territories thereunto
belonging, or by the freemen, in Council, or Assembly, to alter,
change or diminish the form and effect of this act, or any part, or
clause thereof, contrary to the true intent and meaning thereof,
without the consent of the Governor, for the time being, and six
parts of seven of the said freemen, in Council, and Assembly met.
This act to continue, and be in force, until the said Proprietary shall
signify his pleasure to the contrary, by some instrument, under his
hand and seal, in that behalf.
Provided always, and it is hereby enacted, That neither this act,
nor any other act, or acts whatsoever, shall preclude, or debar the
inhabitants of this province and territories, from claiming, having and
enjoying any of the rights, privileges and immunities, which the said.
Proprietary, for himself, his heirs, and assigns, did formerly grant,
or which of right belong unto them, the said inhabitants, by virtue
of any law, charter or grants whatsoever, any thing herein contained
to the contrary notwithstanding.
CHARTEE OF PRIVILEGES GRANTED BY WILLIAM PENN, ESQ.
TO THE INHABITANTS OF PENNSYLVANIA AND TERRITORIES,
1701 * «
William Penn, Proprietary and Governor of the Province of Pen-
silvania and Territories thereunto belonging. To all to whom these
Presents shall come, sendeth Greeting. Whereas King Charles the
Second^ by His Letters Patents, under the Great Seal of England^
bearing Date the Fourth Day of March^ in the Year One Thousand
Six Hundred and Eighty-one^ was graciously pleased to give and
grant unto me, and my Heirs and Assigns for ever, this Province of
Pensilvania, with divers great Powers and Jurisdictions for the well
Government thereof.
And whereas the King's dearest Brother, James Dicke of York
and Albany, &c. by his Deeds of Feoffment, under his Hand and
Seal duly perfected, bearing Date the Tv^enty- Fourth Day of August^
One Thousand Six Hundred Eighty and Two^ did grant unto me, my
Heirs and Assigns, all that Tract of Land, now called the Territories
of Pensilvania, together with Powers and Jurisdictions for the good
Government thereof.
And whereas for the Encouragement of all the Freemen and
Planters, that might be concerned in the said Province and Territo-
ries, and for the good Government thereof, I the said William Penn,
* Idem, Part II, pp. I-III.
oThis charter was granted by William Penn, with the approbation of the
General Assembly, and remained in force until the Revolution.
Pennsylvania— 1701 3077
in the Year One Thousand Sice Hundred Eighty and Three, for me,
my Heirs and Assigns, did grant and confirm unto all the Freemen,
Planters and Adventurers therein, divers Liberties, Franchises and
Properties, as by the said Grant, entituled. The frame of the Govern-
ment of the Province of Pensilvania, and Terntories thereunto
belonging^ in America, may appear; which Charter or Frame being
found in some Parts of it, not so suitable to the present Circumstan-
ces of the Inhabitants, was in the Third Month, in the Year One
Thousand Seven Hundred^ delivered up to me, by Six Parts of Seven
of the P'reemen of this Province and Territories, in General Assembly
met. Provision being made in the said Charter, for that End and
Purpose.
And whereas I was then pleased to promise. That I would restore
the said Charter to them again, with necessary Alterations, or in lieu
thereof, give them another, better adapted to answer the present Cir-
cumstances and Conditions of the said Inhabitants; which they have
now, by their Representatives in General Assembly met at Philadel-
phia^ requested me to grant.
Know ye therefore. That for the further Well-being and good
Government of the said Province, and Territories ; and in Pursuance
of the Rights and Powers before-mentioned, I the said William Penn
do declare, grant and confirm, unto all the Freemen, Planters and
Adventurers, and other Inhabitants of this Province and Territories,
these following Liberties, Franchises and Privileges, so far as in me
lieth, to be held, enjoyed and kept, by the Freemen, Planters and
Adventurers, and other Inhabitants of and in the said Province and
Territories thereunto annexed, for ever.
FIRST
Because no People can be truly happy, though under the greatest
Enjoyment of Civil Liberties, if abridged of the Freedom of their
Consciences, as to their Religious Profession and Worship: And
Almight^y God being the only Lord of Conscience, Father of Lights
and Spirits; and the Author as well as Object of all divine Knowl-
edge, Faith and Worship, who only doth enlighten the Minds, and
persuade and convince the Understandings of People, I do hereby
grant and declare, That no Person or Persons, inhabiting in this
Province or Territories, who shall confess "and acknowledge One
almighty God, the Creator, Upholder and Ruler of the World ; and
profess him or themselves obliged to live quietly under the Civil Gov-
ernment, shall be in any Case molested or prejudiced, in his or their
Person or Estate, because of his or their conscientious Persuasion or
Practice, nor be compelled to frequent or maintain any religious Wor-
ship, Place or Ministry, contrary to his or their Mind, or to do or
suffer any other Act or Thing, contrary to their religious Persuasion.
And that all Persons who also profess to believe in Jesus Christy
the Saviour of the World, shall be capable (notw^ithstanding their
other Persuasions and Practices in Point of Conscience and Religion)
to serve this Government in any Capacity, both legislatively and
executively, he or they solemnly promising, when lawfully required.
Allegiance to the King as Sovereign, and Fidelity to the Proprietary
and Governor, and taking the Attests as now established by the Law
3078 Pennsylvania— 1 701
made at New-Castle^ in the Year One Thousand and Seven Hnndred^
entitled, An Act directing the Attests of several O fleers and Minis-
ters^ as now amended and confirmed this present Assembly.
II
For the well governing of this Province and Territories, there
shall be an Assembly yearly chosen, by the Freemen thereof, to
consist of Four Persons out of each County, of most Note for Virtue,
AYisdom and Ability, (or of a greater number at any Time, as the
Governor and Assembly shall agree) upon the First Day of October
for ever; and shall sit on the Fourteenth Day of the same Month, at
Philadelphia^ unless the Governor and Council for the Time being,
shall see Cause to appoint another Place within the said Province or
Territories: Which Assembly shall have Power to chuse a Speaker
and other their Officers ; and shall be Judges of the Qualjficatimis and
Elections of their own Members; sit upon their own xVdjournments;
aj)point Committees; prepare Bills in order to pass into Laws;
impeach Criminals, and redress Grievances; and shall have all other
Powers and Privileges of an Assembly, according to the Rights of the
free-born Subjects of England^ and as is usual in any of the King's
Plantations in America.
And if any County or Counites, shall refuse or neglect to chuse
their respective Representatives as aforesaid, or if chosen, do not
meet to serve in Assembly, those Avho are so chosen and met, shall
have the full Power of an Assembly, in as ample Manner as if all
the Representatives had been chosen and met, provided they are not
less than Tico Thirds of the whole Number that ought to meet.
And that the Qualifications of Electors and Elected, and all other
Matters and Things relating to Elections of Representatives to serve
in Assemblies, though not herein particularly expressed, shall be
and remain as by a Law of this Government, made at New-Castle
in the Year One Thousand Seuen Hundred^ entitled. An Act to ascer-
tain the Number of Members of Assembly^ and to regulate the
Elections.
Ill
That the Freemen in each respective County, at the Time and
Place of Meeting for Electing their Representatives to serve in
Assembly, may as often as there shall be Occasion, chuse a double
Number of Persons to present to the Governor for Sheriffs and Cor-
oners to serve for Three Years, if so long they behave themselves
well; out of Avhich respective Elections and Presentments, the Gov-
ernor shall nominate and commissionate one for each of the said
Offices, the Third Day after such Presentment, or else the First
named in such Presentment, for each Office as aforesaid, shall stand
and serve in that Office for the Time before respectively limited ; and
in Case of Death or Default, such Vacancies shall be supplied by
the Governor, to serve to the End of the said Term.
Provided always. That if the said Freemen shall at any Time neg-
lect or decline to chuse a Person or Persons for either or both the
aforesaid Offices, then and in such Case, the Persons that are or shall
be in the respective Offices of Sheriffs or Coroners, at the Time of
Election, shall remain therein, until they shall be removed by another
Election as aforesaid.
Pennsylvania — J 701 3079
And that the Justices of the respective Counties shall or may nomi-
nate and present to the Governor Three Persons, to serve for Clerk
of the Peace for the said County, when there is a Vacancy, one of
which the Governor shall commissionate within Teii Days after such
Presentment, or else the First nominated shall serve in the said Office
during good Behavior.
IV
That the Laws of this Government shall be in this Stile, viz. By
the Governor, icith the Co7isent and Approbation of the Freemen in
General Assembly met; and shall be, after Confirmation by the Gov-
ernor, forthwith recorded in the Rolls Office, and kept at Philadel-
phia, unless the Governor and Assembly shall agree to appoint
another Place.
V
That all Criminals shall have the same Privileges of Witnesses
and Council as their Prosecutors.
VI
That no Person or Persons shall or may, at any Time hereafter,
be obliged to answer any Complaint, Matter or Thing whatsoever,
relating to Property, before the Governor and Council, or in any other
Place, but in ordinary Course of Justice, unless Appeals thereunto
shall be hereafter by Law appointed.
VII
That no Person within this Government, shall be licensed by the
Governor to keep an Ordinary, Tavern or House of Publick Enter-
tainment, but such who are first recommended to him, under the
Hands of the Justices of the respective Counties, signed in open
Court; w^hich Justices are and shall be hereby impowered, to sup-
press and forbid any Person, keeping such Publick-House as afore-
said, upon their Misbehaviour, on such Penalties as the Law doth or
shall direct; and to recommend others from time to time, as they shall
see Occasion.
VIII
If any person, through Temptation or Melancholy, shall destroy
himself; his Estate, real and personal, shall notwithstanding descend
to his Wife and Children, or Relations, as if he had died a natural
Death; and if any Person shall be destroyed or killed by Casualty
or Accident, there shall be no Forfeiture to the Governor by reason
thereof.
And no Act, Law or Ordinance whatsoever, shall at any Time here-
after, be made or done, to alter, change or diminish the Form or
Effect of this Charter, or of any Part or Clause therein, contrary to
the true Intent and Meaning thereof, without the Consent of the Gov-
ernor for the Time being, and Six Parts of Seven of the Assembly met.
But because the Happiness of Mankind depends so much upon the
Enjoying of Liberty of their Consciences as aforesaid, I do hereby
3080 Pennsylvania— J 701
solemnly declare, promise and grant, for me, m}^ Heirs and Assigns,
That the First Article of this Charter relating to Liberty of Con-
science, and every Part and Clause therein, according to the true
Intent and Meaning thereof, shall be kept and remain, without any
Alteration, inviolably for ever.
And lastly, I the said William Penn, Proprietary and Governor
of the Province of Pensilvania^ and Territories thereunto belonging,
for myself, my Heirs and Assigns, have solemnly declared, granted
and confirmed, and do hereby solemnly declare, grant and confirm,
That neither I, my Heirs or Assigns, shall procure or do any Thing
or Things whereby the Liberties in this Charter contained and ex-
pressed, nor any Part thereof, shall be infringed or broken: And if
any thing shall be procured or done, by any Person or Persons, con-
trary to these Presents, it shall be held of no Force or Effect.
In witness whereof, I the said William Penn^ at Philadelphia in
Pensilvania^ have unto this present Charter of Liberties, set my Hand
and broad Seal, this Twenty-Eighth Day of Octoher^m the Year of
Our Lord One Thousand Seven Hundred and One^ being the Thir-
teenth Year of the Reign of King William the Third^ over England^
Scotland^ France and Ireland^ &c. and the Twenty-First Year of my
Government.
And notwithstanding the Closure and Test of this present Char-
ter as aforesaid, I think fit to add this following Proviso thereunto,
as Part of the same. That is to say^ That notwithstanding any Clause
or Clauses in the above-mentioned Charter, obliging the Province
and Territories to join together in Legislation, I am content, and
do hereby declare, that if the Representatives of the Province and
Territories shall not hereafter agree to join together in Legislation,
and that the same shall be signified unto me, or my Deputy, in open
Assembly, or otherwise from under the Hands and Seals of the Rep-
resentatives, for the Time being, of the Province and Territories, or
the major Part of either of them, at any Time within Three Years
from the Date hereof, that in such Case, the Inhabitants of each of
the Three Counties of this Province, shall not have less than Eight
Persons to represent them in Assembly, for the Province; and the
Inhabitants of the Town of Philadelphia (when the said Town is
incorporated) Two Persons to represent them in Assembly; and the
Inhabitants ^of each County in the Territories, shall have as many
Persons to represent them in a distinct Assembly for the Territories,
as shall be by them requested as aforesaid.
Notwithstanding which Separation of the Province and Territo-
ries, in Respect of Legislation, I do hereby promise, grant and
declare, That the Inhabitants of both Province and Territories, shall
separately enjoy all other Liberties, Privileges and Benefits, granted
jointly to them in this Charter, any Law, Usage or Custom of this
Government heretofore made and practised, or any Law made and
passed by this General Assembly, to the Contrary hereof, notwith-
standing.
William Penn.
This Charter of Privileges being distinctly read in AsserpMy;
and the whole and every Part thereof^ heing approved of and agreed
to^ hy usy we do .thankfully receive the same from our Proprietary
Pennsylvania— 177S 3081
and Governor^ at Philadelphia, this Twenty-Eighth Bay of October,
One Thousand Seven Hundred and One. Signed on Behalf^ and hy
Order of the Assembly^
per Joseph Growdon, Speaker.
Edward Shippen, Griffith Owen,
Phineas Pemberton, Caleb Pusey,
Samuel Carpenter, Thomas Story,
Proprietary and Governor'^s Council.
CONSTITUTION OF PENNSYLVANIA— 1776 * «
Whereas all government ought to be instituted and supported for
the security and protection of the community as such, and to enable
the individuals who compose it to enjoy their natural rights, and the
other blessings which the Author of existence has bestowed upon man ;
and whenever these great ends of government are not obtained, the
people have a right, by common consent to change it, and take such
measures as to them may appear necessary to promote their safety and
happiness. And whereas the inhabitants of this commonwealth
have in consideration of protection only, heretofore acknowledged
allegiance to the king of Great Britain; and the said king has not
only withdrawn that protection, but commenced, and still continues
to carry on, with unabated vengeance, a most cruel and unjust war
against them, employing therein, not only the troops of Great Britain,
but foreign mercenaries, savages and slaves, for the avowed purpose
of reducing them to a total and abject submission to the despotic
domination of the British parliament, with many other acts of
tyranny, (more fully set forth in the declaration of Congress)
whereby all allegiance and fealty to the said king and his successors,
are dissolved and at an end, and all power and authority derived
from him ceased in these colonies. And whereas it is absolutely
necessary for the welfare and safety of the inhabitants of said colo-
nies, that they be henceforth free and independent States, and that
just, permanent, and proper forms of government exist in every part
of them, derived from and founded on the authority of the people
* The Proceedings Relative to Calling the Conventions of 177G and 1790, the
Minutes of the Convention that formed the present Constitution of Pennsyl-
vania, together with the Charter to William Penn, the Constitutions of
1776 and 1790, and a view oT the Proceedings of the Convention of 1776 and
the Council of Censors. Harrisburg: Printed by John S. Wiestling, Market
Street, 1825. pp. 384. Index.
The Constitution of the Commonwealth of Pennsylvania, as established by
the General Convention, carefully compared with the original, to which is added
a Report of the Committee appointed to enquire, " Whether the Constitution has
been preserved inviolate in every Part, and whether the legislative and execu
tive 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."
As adopted by the Council of Censors, Published by their Order. Philadel-
phia: Printed by Francis Bailey, at Yorick's Head, in Market Street.
M, DCC.LXXXIV. pp. 64.
oThis constitution was framed by a convention (called in accordance with the
expressed wish of the Continental Congress) which assembled at Philadelphia
July 15, 1776, and completed its labors September 28, 1776. It was not sub-
mitted to the people for ratification.
3082 Pennsylvania— me
only, agreeable to the directions of the honourable American Congress.
We, the representatives of the freemen of Pennsylvania, in general
convention met, for the express purpose of framing such a govern-
ment, confessing the goodness of the great Governor of the universe
(who alone knows to what degree of earthly happiness mankind may
attain, by perfecting the arts of government) in permitting the peo-
ple of this State, by common consent, and without violence, deliber-
ately to form for themselves such just rules as they shall think best,
for governing their future society ; and being fully convinced, that it
is our indispensable duty to establish such original principles of gov-
ernment, as will best promote the general happiness of the people of
this State, and their posterity, and provide for future improvements.
Without partiality for, or prejudice against any particular class, sect, or
'denomination of men whatever, do, by virtue of the authority vested
in use by our constituents, ordain, declare, and establish, the following
Declaration of Bights and Frame of Government^ to be the Consti-
tution of this commonwealth, and to remain in force therein for
ever, unaltered, except in such articles as shall hereafter on experience
be found to require improvement, and which shall by the same au-
thority of the people, fairly delegated as this frame of government
directs, be amended or imj^roved for the more effectual obtaining and
securing the great end and design of all government, herein before
mentioned. ^
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMON-
WEALTH, OR STATE OF PENNSYLVANIA
I. That all men are born equally free and independent, and have
certain natural, inherent and inalienable rights, amongst which are,
the enjoying and defending life and liberty, acquiring, possessing
and protecting property, and pursuing and obtaining happiness and
safety.
II. That all men have a natural and unalienable right to worship
Almighty God according to the dictates of their own consciences
and understanding : And that no man ought or of right can be com-
pelled to attend any religious worship, or erect or support any place
of worship, or maintain any ministry, contrary to, or against, his
own free will and consent : Nor can any man, who acknowledges the
f being of a God, be justly deprived 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 inter-
fere with, .or in any manner controul, the right of conscience in the
free exercise of religious worship.
III. That the people of this State have the sole, exclusive and
inherent right of governing and regulating the internal police of the
same.
IV. That all power being originally inherent in, and consequently
derived from, the people ; therefore all officers of government, whether
legislative or executive, are their trustees and servants, and at all
times accountable to them.
'V. That government is, or ought to be, instituted for the common
benefit, protection and security of the people, nation or community;
and not for the particular emolument or advantage of any single man,
, Pennsylvania— 1776 3083
family, or sett of men, who are a pari: only of that community ; And
that the community hath an indubitable, unalienable and indefeasible
right to reform, alter, or abolish government in such manner as shall
be by that community judged most conducive to the public weal.
VI. That those who are employed in the legislative and executive
business of the State, may be restrained from oppression, the people
have a right, at such periods as they may think proper, to reduce
their public officers to a private station, and supply the vacancies
by certain and regular elections.
Vn. That all elections ought to be free ; and that all free men |iav- |
ing a sufficient evident common interest wdth, and attachment to the
community, have a right to elect officers, or to be elected into office.
VIII. That ^very member of society hath a right to be protected
in the enjoyment of life, liberty and property, and therefore is bound /
to contribute his proportion towards the expence of that protection, [
and yield his joersonal service Avhen necessary, or an equivalent
thereto: But no part of a man's property can be justly taken from
him, or applied to public uses, without his own consent, or that of
his legal representatives: Xor can any man who is conscientiously
scrupulous of bearing arms, be justly compelled thereto, if he willi
pay such equivalent, nor are the peoj^le bound by any laws, but such'
as they have in like manner assented to, for their common good.
IX. That in all prosecutions for criminal offences, a man hath a
right to be heard by himself and his council, to demand the cause
and nature of his accusation, to be confronted with the witnesses, to
call for evidence in his favour, and a speedy public trial, by an impar-
tial jury of the country, without the unanimous consent of which jury
he cannot be found guilty; nor can he be compelled to give evidence
ngainst himself; nor can any man be justly deprived of his liberty
except b}^ the laws of the land, or the judgment of his peers.
X. That the people have a right to hold themselves, their houses,
papers, and possessions free from search and seizure, and therefore
warrants without oaths or affirmations first made, affording a suffi-
cient foundation for them, and whereby any officer or messenger may
be commanded or required to search suspected places, or to seize
any person or persons, his or their property, not particularly de-
scribed, are contrary to that right, and ought not to be granted.
XI. That in controversies respecting property, and in suits be-
tween man and man, the parties have a right to trial by jury, which
ought to be held sacred.
XII. That the people have a ri^ht to freedom of speech, and of I
writing, and publishing their sentmients; therefore the freedom of (
the press ought not to be restrained.
XIII. That the people have a right to bear arms for the defence
of themselves and the state; and as standing armies in the time of
peace are dangerous to liberty, the}^ ought not to be kept up; And
that the military should be kept under strict subordination to, and
governed by, the civil power.
XIV. That a frequent recurrence to fundamental principles, and
a firm adherence to justice, moderation, temperance, industry, and
frugality are absolutely necessary to preserve the blessings of liberty,
and keep a government free : The people ou^ht therefore to pay par-
ticular attention to these points in the choice of officers and repre-
sentatives, and have a right to exact a due and constant regard to
3084 Pennsylvania— 1776
them, from their legislatures and magistrates, in the making and
executing such laws as are necessary for the good government of the
state.
XV. That all men have a natural inherent right to emigrate from
one state to another that will receive them, or to form a new state in
vacant countries, or in such countries as they can purchase, whenever
they think that thereby they may promote their own happiness.
XVI. That the people have a right to assemble together, to con-
sult for their common good, to instruct their representatives, and to
apply to the legislature for redress of grievances, by address, petition,
or remonstrance.
PLAN OR FRAME OF GOVERNMENT FOR THE COMMONWEALTH OR STATE
OF PENNSYLVANIA
Section 1. The commonwealth or state of Pennsylvania shall be
governed hereafter by an assembly of the representatives of the free-
men of the same, and a president and council, in manner and form
following —
Sect. 2. The supreme legislative poAver shall be vested in a house
of representatives of the freemen of the commonwealth or state of
Pennsylvania.
Sect. 3. The supreme executive power shall be vested in a presi-
dent and council.
Sect. 4. Courts of justice shall be established in the city of Phila-
delphia, and in every county of this state.
Sect. 5. The freemen of this commonwealth and their sons shall
be trained and armed for its defence under such regulations, restric-
tions, and exceptions as the general assembly shall by law direct, pre-
serving always to the people the right of choosing their colonels and
all commissioned officers under that rank, in such manner and as
^ften_jLsJ)y the said laws shall be directed.
Sect. 6. Every freemen of the full age of twenty-one years, having
resided in this state for the space of one w^hole year next before the
day of election for representatives, and paid public taxes during that
time, shall enjoy the right of an elector: Provided always, that sons
of freeholders of the age of twenty-one years shall be intitled to
vote although they have not paid taxes.
Sect. 7. The house of representatives of the freemen of this com-
monwealth shall consist of persons most noted for wisdom and virtue,
to be chosen by the freemen of every city and county of this common-
wealth respectively. And no person shall be elected unless he has
resided in the city or county for which he shall be chosen two years
immediately before the said election; nor shall any member, while
he continues such, hold any other office, except in the militia.
Sect. 8. No person shall be capable of being elected a member to
serve in the house of rejDresentatives of the freemen of this common-
wealth more than four years in seven.
Sect. 9. The members of the house of representatives shall be
chosen annually by ballot, by the freemen of the commonwealth, on
the second Tuesday in October forever, (except this present year.)
and shall meet on the fourth Monday of the same month, and shall
be stiled. The general assembly of the representatives of the freemen
of Pennsylvania^ and shall have power to choose their speaker, the
Pennsylvania— 1 776 3085
treasurer of the state, and their other officers; sit on their own
adjournments; prepare bills and enact them into laws; judge of the
elections and qualifications of their own members; they may expel a
member, but not a second time for the same cause; they may admin-
ister oaths or affirmations on examination of witnesses; redress griev-
ances; impeach state criminals; grant charters of incorporation;
constitute towns, boroughs, cities, and counties; and shall have all
other powers necessary for the legislature of a free state or common-
Avealth : But they shall have no jDOwer to add to, alter, abolish, or
infringe any part of this constitution.
Sect. 10. A quorum of the house of representatives shall consist of
two-thirds of the whole number of members elected ; and having met
and chosen their speaker, shall each of them before they proceed to
business take and subscribe, as w^ell the oath or affirmation of fidelity
and allegiance hereinafter directed, as the following oath or affirma-
tion, viz :
/ do swear {or affirm) that as a Tuemher of this assembly, I
will not propose or assent to any hill, vote, or resolution, which shall
appear to me 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 in the constitution of this state; hut
will in all things conduct myself as a faithful honest representative
and guardian of the people, according to the best of my judgment and
abilities.
And each member, before he takes his seat, shall make and sub-
scribe the following declaration, viz :
/ do believe in one God, the creator and governor of the universe,
the rewarder of the- good and the punisher of the wicked. And I do
acknowledge the Scriptures of the Old and New Testament to be
given by Divine inspiration.
And no further or other religious test shall ever hereafter be re-
quired of any civil officer or magistrate in this State.
Sect. 11. Delegates to represent this state in congress shall be
chosen by ballot by the future general assembly at their first meeting,
and annually forever afterwards, as long as such representation shall
be necessary. Any delegate may be superseded at any time, by the
general assembly appointing another in his stead. No man shall sit
in congress longer than tw^o years successively, nor be capable of re-
election for three years afterwards: and no person who holds any
office in the gift of the congress shall hereafter be elected to repre-
sent this commonwealth in congress.
Sect. 12. If any city or cities, county or counties shall neglect or
refuse to elect and send representatives to the general assembly, two-
thirds of the members from the cities or counties that do elect and
send representatives, provided they be a majority of the cities and
counties of the whole state, when met, shall have all the 2:)owers of
the general assembly, as fully and amply as if the whole were present.
Sect. 13. The doors of the house in which the representatives of the
freemen of this state shall sit in general assembly, shall be and remain
open for the admission of all persons who behave decently, except
only when the welfare of this state may require the doors to be shut, i
Sect. 14. The votes and proceedings of the general assembly shall
be printed weekly during their sitting, with the yeas and nays, on any
question, vote or resolution, where any two members require it, except
3086 Pennsylvania— 1 770
when the vote is taken by ballot ; and when the yeas and nays are so
taken every member shall have a right to insert the reasons of his
vote upon the minutes, if he desires it.
Sect. 15. 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 of public nature shall be
printed for the consideration of the people, before they are read in
general assembly the last time for debate and amendment; and, ex-
cept on occasions of sudden necessity, shall not be passed into laws
until the next session of assembly ; and for the more perfect satisfac-
tion of the public, the reasons and motives for making such laws shall
be fully and clearly expressed in the preambles.
Sect. 16. The stile of the laws of this commonwealth shall be, " Be
it enacted, and it is hereby Enacted by the representatives of the free-
men of th^ commonwealth of Pennsylvania in general assembly met,-
and by the authority of the same." And the general assembly shall
affix their seal to every bill, as soon as it is enacted into a law, which
seal shall be kept by the assembly, and shall be called. The seal of the
laws of Pennsylvania, and shall not be used for any other purpose.
Sect. 17. The city of Philadelphia and each county of this com-
monwealth respectively, shall on the first Tuesday of November in
this present year, and on the second Tuesday of October annually
for the tw^o next succeeding years, viz. the year one thousand seven
hundred and seventy-seven, and the year one thousand seven hundred
and seventy-eight, choose six persons to represent them in general
assembly. But as representation in proportion to the number of
taxable inhabitants is the only principle which can at all times secure
liberty, and make the voice of a majority of the people the law of
the land ; therefore the general assembly shall cause complete lists of
the taxable inhabitants in the city and each county in the common-
wealth respectively, to be taken and returned to them, on or before
the last meeting of the assembly elected in the year one thousand
seven hundred and seventy-eight, who shall appoint a representation
to each, in proportion to the number of taxables in such returns ; which
representation shall continue for the next seven years afterwards
at the end of which, a new return of the taxable inhabitants shall be
made, and a representation agreeable thereto appointed by the said
assembly, and so on septennially forever. The wages of the repre-
sentatives in general assembly, and all other state charges shall be
paid out of the state treasury. ")
Sect. 18. In order that the freemen of this commonwealth may
enjoy the benefit of election as equally as may be until the repre-
sentation shall commence, as directed in the foregoing section, each
county at its own choice may be divided into districts, hold elections
therein, and elect their representatives in the county, and their other
elective officers, as shall be hereafter regulated by the general assem-
bly of this state. And no inhabitant of this state shall have more
than one annual vote at the general election for representatives in
assembly.
Sect. 19. For the present the supreme executive council of this
state shall consist of twelve persons chosen in the following manner:
Tli;e freemen of the city of Philadelphia, and of the counties of Phila-
delphia, Chester, and Bucks, respectively, shall choose by ballot one
person for the city, and one for each county aforesaid, to serve for
Pennsylvania — 1776 3087
three years and no longer, at the time and place for electing repre-
sentatives in general assembly. The freemen of the counties of Lan-
caster, York, Cumberland, and Berks, shall, in like manner elect one
person for each county respectively, to serve as counsellors for two
years and no longer. And the counties of Northampton, Bedford,
Northumberland and Westmoreland, respectively, shall, in like man-
ner, elect one person for each county, to serve as counsellors for one
year, and no longer. And at the expiration of the time for which
each counsellor was chosen to serve, the freemen of the city of Phila-
delphia, and of the several counties in this state, respectively, shall
elect one person to serve as counsellor for three years and no longer ;
and so on every third year forever. By this mode of election and
continual rotation, more men will be trained to public business, there
will in every subsequent year be found in the council a number of
persons acquainted with the proceedings of the foregoing years,
whereby the business will be more consistently conducted, and more-
over the danger of establishing an inconvenient aristocracy will be
effectually prevented. All vacancies in the council that may happen
by death, resignation, or otherwise, shall be filled at the next general
election for representatives in general assembly, unless a particular
election for that purpose shall be sooner appointed by the president
and council. No member of the general assembly or delegate in con-
gress, shall be chosen a member of the council. The president and
vice-president shall be chosen annually by the joint ballot of the gen-
eral assembly and council, of the members of the council. xVny per-
son having served as a counsellor for three successive years, shall bo
incapable of holding that office for four years afterwards. Ev^ery
member of the council shall be a justice of the peace for the whole
commonwealth, by virtue of his office.
In case new additional counties shall hereafter be erected in this
state, such county or counties shall elect a counsellor, and such county
or counties shall be annexed to the next neighbouring counties, and
shall take rotation with such counties.
The coimcil shall meet annually, at the same time and place w^th
the general assembly.
The treasurer of the state, trustees of the loan office, naval officers,
collectors of customs or excise, judge of the admirality, attornies gen-
eral, sheriffs, and prothonotaries, shall not be capable of a seat in the
general assembly, executive council, or continental congress.
Sect. 20. The president, and in his absence the vice-president, with
the council, five of whom shall be a quorum, shall have power to ap-
point and commissionate judges, naval officers, judge of the admir-
alty, attorney general and all other officers, civil and military, except
such as are chosen by the general assembly or the people, agreeable
to this frame of government, and the laAvs that may be made here-
after; and shall supply every vacancy in^any office, occasioned by
death, resignation, removal or disqualification, until the office can be
filled in the time and manner directed by law or this constitution.
They are to correspond with other states, and transact business with
the 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 determine on im-
peachments, taking to their assistance for advice only, the justices of
the supreme court. And shall have power to grant pardonSj and
3088 Pennsylvania— 1 776
remit fines, in all cases whatsoever, except in cases of impeachment;
and in cases of treason and murder, shall have power to grant re-
prieves, but not to pardon, until the end of the next sessions of assem-
bly ; but there shall be no remission or mitigation of punishments on
impeachments, except by act of the legislature; they are also to take
care that the laws be faithfully executed; 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
shall be appropriated by the house : They may also lay embargoes, or
prohibit the exportation of any commodity, for any time, not exceed-
ing thirty days, in the recess of the house only : They may grant such
licences, as shall be directed by law, and shall have power to call to-
gether the general assembly when necessary, before the day to which
they shall stand adjourned. The president shall be commander in
chief of the forces of the state, but shall not command in person,
except advised thereto by the council, and then only so long as they
shall approve thereof. The president and council shall have a sec-
retary, and keep fair books of their proceedings, wherein any coun-
sellor may enter his dissent, Avith his reasons in support of it.
Sect. 21. All commissions shall be in the name, and by the author-
ity of the freemen of the commonwealth of Pennsylvania, sealed with
the state seal, signed by the president or vice-president, and attested
by the secretary ; which seal shall be kept by the council.
Sect. 22. Every officer of state, whether judicial or executive, 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 president or vice-president and
council, who shall hear and determine the same.
Sect. 23. The judges of the supreme court of judicature shall have
fixed salaries, be commissioned for seven years only, though capable
of re-appointment at the end of that term, but removable for mis-
behaviour at any time by the general assembly; they shall not be
allowed to sit as members in the continental congress, executive coun-
cil, or general assembly, nor to hold any other office civil or military,
nor to take or receive fees or perquisites of any kind.
Sect. 24. The supreme court, and the several courts of common
pleas of this commonwealth, shall, besides the powers usually exer-
cised by such courts, have the powers of a court of chancery, so far
as relates to the perpetuating testimony, obtaining evidence from
places not within this state, and the care of the persons and estates of
those who are non compotes mentis^ and such other powers as may be
found necessary by future general assemblies, not inconsistent with
this constitution.
Sect. 25. Trials shall be by jury as heretofore: And it is recom-
mended to the legislature of this state, to provide by law against
every corruption or partiality in the choice, return, or appointment
of juries.
Sect. 26. Courts of sessions, common pleas, and orphans courts
shall be held quarterly in each city and county; and the legislature
shall have power to establish all such other courts as they may judge
for the good of the inhabitants of the state. All courts shall be open,
and jijstice shall be impartially administered without corruption or
unnecessary delay: All their officers shall be paid an adequate but
moderate compensation for their services: And if any officer shall
Pennsylvania— 1776 3089
take greater or other fees than the law allows him, either directly or
indirectly, it shall ever after disqualify him from holding any office
in this state.
Sect. 27. All prosecutions shall commence in the name and by the
authority of the freemen of the commonwealth of Pennsylvania; and
all indictments shall conclude with these words, ''Against the peace
and dignity of the same^ The style of all process hereafter in this
state shall be. The commonwealth of Pennsylvania.
Sect. 28. The person of a debtor, where there is not a strong pre-
sumption of fraud, shall not be continued in prison, after delivering
up, bona flde^ all his estate real and personal, for the use of his
creditors, in such manner as shall be hereafter regulated by law. All
prisoners shall be bailable by sufficient sureties, unless for capital
offences, when the proof is evident, or presumption great.
Sect. 29. Excessive bail shall not be exacted for bailable offences:
And all fines shall be moderate.
Sect. 30. Justices of the peace shall be elected by the freeholders
of each city and county respectively, that is to say, two or more per-
sons may be chosen for each ward, township, or district, as the law
shall hereafter direct : And their names shall be returned to the presi-
dent in council, who shall commissionate one or more of them for
each ward, township, or district so returning, for seven years, remov-
able for misconduct by the general assembly. But if any city or
county, ward, township, or district in this commonw^ealth, shall here-
after incline to change the manner of appointing their justices of the
peace as settled in this article, the general assembly may make laws to
regulate the same, agreeable to the desire of a majority of the free-
holders of the city or county, ward, township, or district so applying.
No justice of the peace shall sit in the general assembly unless he first
resigns his commission ; nor shall he be allowed to take any fees, nor
any salary or allowance, except such as the future legislature may
grant.
Sect. 31. Sheriffs and coroners shall be elected annually in each
city and county, by the freemen ; that is to say, two persons for each
office, one of whom for each, is to be commissioned by the president in
council. No person shall continue in the office of sheriff more than
three successive years, or be capable of being again elected during
four years afterwards. The election shall be held at the same time
and place appointed for the election of representatives : And the com-
missioners and assessors, and other officers chosen by the people, shall
also be then and there elected, as has been usual heretofore, until
altered or otherwise regulated by the future legislature of this state.
Sect. 32. All elections, whether by the people or in general assem-
bly, shall be by ballot, free and voluntary: And any elector, who
shall receive any gift or reward for his vote, in meat, drink, monies,
or otherwise, shall forfeit his right to elect for that time, and suffer
such other penalties as future laws shall direct. And any person who
shall directly or indirectly give, promise, or bestow any such rewards
to be elected, shall be thereby rendered incapable to serve for the
ensuing year.
Sect. 33. All fees, licence money, fines and forfeitures heretofore
granted, or paid to the governor, or his deputies for the support of
3090 Pennsylvania— 1 776
government, shall hereafter be paid into the public treasury, unless
altered or abolished by the future legislature.
Sect. 34. 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 city and county: The officers to be appointed
by the general assembly, removable at their pleasure; and to be
commissioned by the president in council.
Sect. 35. The printing presses shall be free to every person who
undertakes to examine the proceedings of the legislature, or any part
of government.
Sect. 36. As every freeman to preserve his independence, (if with-
out 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 unbecoming freemen, in the possessors
and expectants; faction, contention, corruption, and disorder among
the people. But if any man is called into public service, to the preju-
dice of his private aff'airs, he has a right to a reasonable compensa-
tion : And whenever an office, through increase of fees or otherwise,
becomes so profitable as to occasion many to apply for it, the profits
ought to be lessened by the legislature.
Sect. 37. The future legislature of this state, shall regulate intails
in such a manner as to prevent perpetuities.
Sect. 38. The penal laws as heretofore used shall be reformed by
the legislature of this state, as soon as may be, and punishments made
in some cases less sanguinary, and in general more proportionate
to the crimes.
Sect. 39. To deter more effectually from the commission of crimes,
by continued visible punishments of long duration, and to make san-
guinary punishments less necessary; houses ought to be provided
for punishing by hard labour, those who shall be convicted of crimes
not capital; wherein the criminals shall be imployed for the benefit
of the public, or for reparation of injuries done to private persons:
And all persons at proper times shall be admitted to see the prisoners
at their labour.
Sect. 40. Every officer, whether judicial, executive or military, in
authority under this commonwealth, shall take the following oath or
affirmation of allegiance, and general oath of office before he enters
on the execution of his office.
THE OATH OR AFFIRMATION OF ALLEGIANCE
do swear {or affhriYi) that I will he true and faithful to the
commonwealth of Pennsylvania: And that I will not directly or
indirectly do any act or thing prejudicial or injurious to the consti-
tution or government thereof^ as established hy the convention.
THE OATH OR AFFIRMATION OF OFFICE
/ do swear {or affirm) that I will faithfully execute the office
of for the of and will do equal right and justice
to all men^ to the hest of my judgment and abilities^ according to law.
Sect. 41. No public tax, custom or contribution shall be imposed
upon, or paid by the people of this state, except by a law for that pur-
Pennsylvania— 1776 3091
pose: And before any law be made for raising it, the purpose for
which any tax is to be raised ought to appear clearly to the legisla-
ture to be of more service to the community than the money would
be, if not collected; which being well observed, taxes can never be
burthens.
Sect. 42. Every foreigner 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 ther^f, and entitled to all the rights
of a natural born subject of this smte, except that he shall not be
capable of being elected a representative until after two years res-
idence. ^ -^
Sect. 43. The inhabitants of this state shall have liberty to fowl
and hunt in seasonable times on the lands they hold, and on all
other lands therein not inclosed; and in like manner to fish in alli
boatable waters, and others not private property.
Sect. 44. A school or schools shall be established in each county 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 youth at low prices: And all useful learning shall be duly
encouraged and promoted in one or more universities.
Sect. 45. Laws for the encouragement of virtue, and prevention of
vice and immorality, shall be made and constantly kept in force, and
provision shall be made for their due execution : And all religious so-
cieties or bodies of men heretofore united or incorporated for the
advancement of religion or learning, or for other pious and charitable
purposes, shall be encouraged and protected in the enjoyment of the
privileges, immunities and estates which they were accustomed to
enjoy, or could of right have enjoyed, under the laws and former
constitution of this state.
Sect. 46. The declaration of rights is hereby declared to be a part
of the constitution of this connnonwealth, and ought never to be
violated on any pretence whatever.
Sect. 47. In order that the freedom of the commonwealth may be
preserved inviolate forever, there shall be chosen by ballot by the
freemen in each city and county respectively, oil the second Tuesday
in October, in the year one thousand seven hundred and eighty-three,
and on the second Tuesday in October, in every seventh year there-
after, two persons in each city and county of this state, to be called
the Council of Censors; who shall meet together on the second
Monday of November next ensuing their election; the majority of
whom shall be a quorum in every case, except as to calling a con-
vention, 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; 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 intitled 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 monies have been disposed of, and whether the laws have
been duly executed. For these purposes they shall have power to
send for persons, papers, and records; they shall have authority to
7254— VOL 5—09 36
3092 Pennsylvania— 1 790
pass public censures, to order impeachments, and to recommend to
the legislature the repealing such laws as appear to them to have
been enacted contrary to the principles of the constitution. These
powers they shall continue to have, for and during 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, if there appear to them an absolute
necessity of amending any article of the 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 happiness of the people : But the articles to be amended, and the
amendments 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 con-
sideration of the people, that they may have an opportunity of in-
structing their delegates on the subject.
Passed in Convention the 28th day of September, 1776, and signed
by their order.
Benj. Franklin, Pr^s^.
CONSTITUTION OF PENNSYLVANIA— 1790 * «
We, the people of the commonwealth of Pennsylvania, ordain and
establish this constitution for its government.
Article I
Section 1. The legislative power of this commonwealth shall be
vested in a general assembly, which shall consist of a senate and hoiise^
of representatives. /^'^"''~ '
Sec. 2. The representatives shall be chosen, annually, by the citizens
of the city of Philadelphia, and of each county respectively, on the
second Tuesday of October.
Sec. 3. No person shall be a representative, w^ho shall iigt have
attained the age of , twenty-one years, and have been a citizeiT^nd
inhabitant of the State three years next preceding his election, and the
last year thereof an inhabitant of the city or county in whichiie shall
be chosen ; unless he shall have been absent on the f)ublic business of
the United States, or of this State. No person, residing within any
* " Minutes of the Grand Committee of the whole convention of the Common-
wealth of Pennsylvania, which commenced at Philadelphia, on Tuesday, the
twenty-fourth day of November, in the year of Our Lord One Thousand Seven
Hundred and Eighty-nine, for the purpose of reviewing, and. if they see
occasion, altering and amending, the constitution of this State. Philadelphia :
Printed by Zachariah Poulson, Jun. in Fourth Street, between Market Street
and Arch Street." 101 pp.
" Minutes of the Second session of the Convention of the Commonwealth of
Pennsylvania, which commenced at Philadelphia, on Monday the ninth day of
August, in the year of Our Lord One Thousand Seven Hundred and Ninety."
222 pp.
a This constitution was framed by a convention which assembled at .Phila-
delphia, November 24, 1789, completed its labors February 26, 1790, and then
adjouriied that the people might examine their work. The convention reas-
sembled August 9, 1790, and formally proclaimed the new constitution Sep-
tember 2, 1790.
Pennsylvania— 1790 3093
city, town, or borough, which shall be entitled to a separate repre-
sentation, shall be elected a member for any county; nor shall any
person residing without the limits of any such city, town, or borough,
be elected a member therefor.
Sec. 4. Within three years after the first meeting of the general
assembly, and within every subsequent term of seven years, an enu-
meration of the taxable inhabitants shall be made, in such manner
as shall be directed by law. The number or representatives shall,
at the several period^ of making such enumeration, 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 hun-
dred. Each county shall have, at least, one representative; but no
county, hereafter erected, shall be entitled to a separate representa-
tion, until a sufficient number of taxable inhabitants shall be con-
tained within it, to entitle them to one representative, agreeably to
the ratio which shall then be established. ^ ^
Sec. 5. The senators shall be chosen for four years by the citizens
of Philadelphia, and of the several counties, at the same time, in the
same manner, and at the same places where they shall >ete-^Gr rep-
resentatives.
Sec. 6. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the legislature,
and apportioned among the districts, formed as hereinafter 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.
Sec. 7. The senators shall be chosen in districts, to be formed by
the^Bgrsiature, each district containing such a number of taxable in-
^labitants as shall be entitled to elect not more than four senators.
Wheft~a.-di«trrct shall be composed of two or more counties, they shall
be adjoining. Neither the city of Philadelphia nor any county shall
be divided in forming a district.
Sec. 8. No person shall be a senator, wdio shall not have attained
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.
Sec. 9. Immediately after the senators shall be assembled, in con-
sequence of the first election, subsequent to the first enumeration, 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 expira-
tion 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 may be chosen every year.
Sec. 10. The general assembly shall meet on the first Tuesday of
December in every year, unless sooner convened by the governor.
Sec. 11. 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.
Sec. 12. Each house shall judge of the qualifications of its members.
Contested elections shall be determined by a committee, to be selected,
3094 Pennsylvania — 1 790
formed, and regulated in such manner as shall be directed by law.
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
authorized, by law, to compel the attendance of absent members, in
such manner, and under such penalties, as may be provided.
Sec. 13. Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the concur-
rence of two-thirds, expel a member, but not a second time for the
same cause; and shall have all other powers necessary for a branch
of the legislature of a free State.
Sec. 14. 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 question shall, at the desire
of any two of them, be entered on the journals.
Sec. 15. 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.
Sec. 16. Neither house shall, without the consent of the other, ad-
journ for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Sec. it. The senators and representatives shall receive a compensa-
tion for their services, to be ascertained by law, and paid out of the
treasury of the commonwealth. They shall, in all cases, except trea-
son, 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.
Sec. 18. 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 created, or the emoluments
of which shall have been increased, during such time ; and no member
of Congress, or other person holding any office (except of attorney at
law and in the militia) under the United States, or this common-
wealth, shall be a member of either house during his continuance in
Congress, or in office.
Sec. 19. When vacancies happen in either house, the speaker shall
issue writs of election to fill such vacancies.
Sec. 20. All bills for raising revenue shall originate in the house of
representatives ; but the senate may propose amendments, as in other
bills.
Sec. 21. No money shall be drawn from the treasury, but in conse-
quence of appropriations made by law.
Sec. 22. 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 objections, to the
house in which it shall have originated, who shall enter the objections
at large upon their journals, and proceed 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
Pennsylvania— 1 790 3095
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.
Sec. 23. Every order, resolution, or vote to which the concurrence
of both houses may be necessary (except on a question of adjourn-
ment) 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, according to the rules and limitations
prescribed in case of a bill.
Article II
Section 1. The supreme executive power of this commonwealth
shall be vested in a governor.
Sec. 2. The governor shall be chosen on the second Tuesday of Oc-
tober, by thefcitizens of the commonwealth, at the places where they
shall respectWely - vote for representatives. The returns 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 vote 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.
Sec. 3. The governor shall hold his office during three years from
the third Tuesday of December next ensuing his election, and shall
not be capable of holding it longer than nine in any term of tw^elve
years.
.— ~^EC. 4. He-shall be, at Jeast, thirty years of age, and have been a
' citizen and inhabitant of this State seven years next before his elec-
tion-;, unless he shall have been absent on the public business of the
United States, or of this State.
Sec. 5. No member of Congress, or person holding any office under
the United States, or this State, shall exercise the office of governor.
Sec. 6. The governor shall, at stated times, receive for his services
a compensation, which shall be neither increased nor diminished dur-
ing the period for which he shall have been elected.
Sec. 7. He shall be commander-in-chief of the army and navy of
this commonwealth, and of the militia; except when they shall be
called into the actual service of the United States.
Sec. 8. He shall appoint all officers, whose offices are established by
this constitution, or shall be established by law, and whose appoint-
ments 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, then within the limits of the county or counties
out of which it shall have been taken. No member of Congress from
3096 Pennsylvania— 1790
this State, nor any person holding or exercising any office of trust
or profit under the United States, shall, at the same time, hold or
exercise the office of judge, secretary, treasurer, prothonotary, register
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 offices or appointments under the
United States.
Sec. 9. He shall have power to remit fines and forfeitures, and
grant reprieves and pardons, except in cases of impeachment.
Sec. 10. He may require information, in writing, from the officers
in the executive department, upon any subject relating to the duties
of their respective offices.
Sec. 11. 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 judge expedient.
Sec. 12. 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 four months.
Sec. 13. He shall take care that the laws be faithfully executed.
Sec. 14. In case of the death or resignation of the governor, or of
his removal from office, the speaker of the senate shall exercise 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 a 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 determination of such contested election, and until a gov-
ernor shall be qualified as aforesaid.
Sec. 15. 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 official acts and proceed-
ings 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.
lRTICLE III
Section 1. In elections by the citizens, every freeman of the age
of twenty-one years, having resided in the State two years next be-
fore the election, and within that time paid a State or county tax,
which shall have been assessed at least six months before the elec-
tion, 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.
Sec. 2. All elections shall be by ballot, except those by persons in
their representative capacities, who shall vote viva voce.
Sec. 8. Electors shall, in all cases except treason, felony, and breach
or surety of the peace, be privileged from arrest during their attend-
ance on elections, and in going to and returning from them.
Pennsylvania— 1 790 3097
Article IV
Section 1. The house of representatives shall have the sole power
of impeaching.
Sec. 2. All impeachments shall be tried by the senate. "When sit-
ting for that purpose, the senators shall be upon oath or aifirmation.
Xo person shall be convicted without the concurrence of two-thirds of
the members present.
Sec. 3. The governor, and all other civil officers under this common-
w^ealth, 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. The party, whether convicted or
acquitted, shall nevertheless be liable to indictment, trial, judgment,
and punishment according to law\
Article V
Section 1. The judicial power of this commonwealth shall be vested
in a supreme court, in courts of oyer terminer and general jail de-
livery, in a court of common pleas, orphans' court, register's court,
and a court of quarter sessions of the peace for each county, in jus-
tices of the peace, and in such other courts as the legislature may,
from time to time, establish.
Sec. 2. 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 sufficient ground of im-
j)eachment, the governor may remove any of them, on the address of
two- thirds of each branch of the legislature. The judges of the su-
preme court and the presidents of the several courts of common pleas
shall, at stated times, receive for their services and adequate compen-
sation, to be fixed by law, w^hich shall not be diminished during their
continuance in office ; but they shall receive no fees or perquisites of
office, nor hold any other office of profit under this commonwealth.
Sec. 3. The jurisdiction of the supreme court shall extend over the
State, and the judges thereof shall, by virtue of their offices, be jus-
tices of oyer and terminer and general jail delivery in the several
comities.
Sec. 4. 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 continuance in office, shall
reside in such county. The State shall be divided by law into cir-
cuits, none of which shall include more than six nor fewer than three
counties. A president shall be appointed of the courts in each cir-
cuit, who, during his continuance in office, shall reside therein. The
president and judges, any tAvo of whom shall be a quorum, shall com-
pose the respective courts of common pleas.
Sec. 5. 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 ot capital and other offenders therein : any
two of the said judges, the president being one, shall be a quorum;
but they shall not hold a court of oyer and terminer or jail-delivery
in any county w^hen the judges of the supreme court, or any of them.
3098 Pennsylvania— J 790
shall be sitting in the same county. The party accused, as well as the
commonwealth, may, under such regulations as shall be prescribed by
law, remove the indictment and proceedings, or a transcript thereof,
into the supreme court.
Sec. 6. The supreme court and the several courts of common pleas
shall, beside the powers heretofore usually exercised by them, have
the power of a court of chancery, so far as relates to the perpetuating
of testimony, the obtaining of evidence from places not within the
State, and the care of the persons and estates of those who are non
compotes mentis. And the legislature shall vest in the said courts
such other powers to grant relief in equity as shall be found neces-
sary; 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 administration of justice.
Sec. 7. The judges of the court of common pleas of each county,
an}^ two of whom shall be a quorum, shall compose the court of quar-
ter sessions of the peace and orphans' court thereof ; and the register
of wills, together with the said judges, or any two of them, shall com-
pose the register's court of each county.
Sec. 8. The judges of the courts of common pleas shall, within
their respective counties, have the like 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.
Sec. 9. The president of the courts in each circuit wdthin such cir-
cuit, and the judges of the court of common pleas within their respec-
tive counties, shall be justices of the peace, so far as relates to crimi-
nal matters.
Sec. 10. 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 address of both houses of the
legislature.
Sec. 11. A register's office for the probate of wills and granting let-
ters of administration, and an office for the recording of deeds, shall
be kept in each county.
Sec. 12. The style of all process shall be, " The commonwealth of
Pennsylvania ;" all prosecutions shall be carried on in the name and
by the authority of the commonwealth of Pennsylvania, and con-
clude, " against the peace and dignity of the same."
Article VI
Section 1. 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 governor. They shall hold
their offices for three years, if they shall so long behave themselves
well, and until a successor be duly qualified ; but no person shall be
twice chosen or appointed sheriff in any term of six years. Vacancies
in either of the said offices shall be filled by a new appointment, to
' Pennsylvania— 1790 3099
be made by the governor, to continue until the next general election,
and until a successor shall be chosen and qualified as aforesaid.
Sec. 2. The freemen of this commonwealth shall be armed and dis-
ciplined for its defence. Those who conscientiously scruple to bear
arms shall not be compelled to do so, but shall pay an equivalent for
personal service. The militia officers shall be appointed in such man-
ner and for such time as shall be directed by law.
Sec. 3. 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 respectively
shall be officers, unless when the governor shall, for special reasons,
dispense therewith for any term, not exceeding five years, after the
county shall have been erected.
Sec. 4. All commissions shall be in the name and by the authority
of the commonwealth of Pennsylvania, and be sealed with the State
seal, and signed by the governor.
Sec. 5. 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 relat-
ing to taxes, to the poor and highways, constables, and other town-
ship officers, shall be appointed in such manner as is or shall be
directed by law.
Article VII
Section 1. 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.
Sec. 2. The arts and sciences shall be promoted in one or more
seminaries of learning.
Sec. 3. 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 or amended.
Article VIII
Members of the general assembly, and all officers, executive and
judicial, shall be bound, by oath or affirmation, to support the con-
stitution 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 established, we
declare —
Section 1. 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, pos-
sessing, and protecting property and reputation, and of pursuing
their own happiness.
3100 Pennsylvania— 1790
Sec. 2. That all power is inherent in the people, and all free gov-
ernments 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 their government, in such manner as they may
think proper.
Sec. 3. That all men have a natural and indefeasible right to wor-
ship Almighty God according to the dictates of their own con-
sciences; that no man can of right be compelled to attend, erect, or
support any place of worship, or to maintain any ministry, against
his consent ; that no human authority can, in any case whatever, con-
trol or interfere with the rights of conscience ; and that no preference
shall ever be given, by law, to any religious establishments or modes
of worship.
Sec. 4. 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.
Sec. 5. That elections shall be free and equal.
Sec. 6. That trial by jury shall be as heretofore, and the right
thereof remain inviolate.
Sec. 7. 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 prosecutions for the publication of papers inves-
tigating the official conduct of officers or men in a public capacity,
or w^iere 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.
Sec. 8. That the people shall be secure in their persons, houses,
papers, and possessions f romrilnreasonable searches and seizures ; 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
probable cause, supported by oath or affirmation.
Sec. 9. 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, to meet the witnesses face to
face, to have compulsory process for obtaining 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 com-
pelled 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.
Sec. 10. That no person shall, for any indictable offence, be pro-
ceeded against criminally by information, 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, or, by leave of the Court, for oppres-
sion and misdemeanor in office. No person shall, for the same
offence, be twice put in jeopardy of life or limb; nor shall any man's
Pennsylvania — 1790 3101
property be taken or applied to public use without the consent of his
representatives, and without just compensation being made.
Sec. 11. That all courts shall be open, and every mar^ for an injury
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 common-
wealth in such manner, in such courts, and in such cases as the legis-
lature may by law direct.
Sec. 12. That no power of suspending laws shall be exercised,
unless by the legislature or its authority.
Sec. 13. That excessive bail shall not be required, nor excessive
fines imposed, nor cruel punishments inflicted.
Sec. 14. 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 cases of rebellion or invasion, the public
safety may require it.
Sec. 15. That no commission of oyer and terminer or jail-deliver}^
shall be issued.
Sec. 16. That the person of a debtor, where there is not strong pre-
sumption 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.
Sec. 17. That no ex post facto law, nor any law impairing con-
tracts, shall be made.
Sec. 18. That no person shall be attainted of treson or felony by
the legislature.
Sec. 19. That no attainder shall work corruption of blood, nor,
except during the life of the offender, forfeiture of estate to the com-
monwealth; that the estates of such persons as shall destroy their own
lives shall descend or vest as in case of natural death ; and if any
person shall be killed by casualty, there shall be no forfeiture by
reason thereof.
Sec. 20. 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.
Sec. 21. That the right of citizens to bear arms, in defence of them-
selves and the State, shall not be questioned.
Sec. 22. That no standing army shall, in time of peace, be kept up
without the consent of the legislature; and the military shall ni all
cases and at all times be in strict subordination to the civil power.
Sec. 23. 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.
Sec. 24. That the legislature shall not grant any title of nobility or
hereditary distinction, nor create any office the appointment of which
shall be for a longer term than during good behavior.
Sec. 25. That emigration from the State shall not be prohibited.
Sec. 26. To guard against transgressions of the high powers which
we have delegated, we declare, that everything in this article is
excepted out of the general powers of government, and shall forever
remain inviolate.
3 102 Pennsylvania— 1 790
Schedule
That no inconvenience may arise from the alterations and amend-
ments in the constitution of this commonwealth, and in order to carry
the same into complete operation, it is hereby declared and ordained :
Section 1. That all laws of this commonwealth, in force at the time
of making the said alterations and amendments in the said constitu-
tion, and not inconsistent therewith, and all rights-, actions, prosecu-
tions, 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.
Sec. 2. That the president and supreme executive council shall
continue to exercise the executive authority of this commonwealth,
as heretofore, until the third Tuesday of December next; but no
intermediate vacancies in the council shall be supplied by new elec-
tions.
Sec. 3. That all officers in the appointment of the executive depart-
ment shall continue in the exercise of the duties of their respective
offices until the first day of September, one thousand seven hundred
and ninety-one, unless their commissions shall sooner expire by ^heir
own limitations, or the said offices become vacant by death or resig-
nation, and no longer, unless reappointed 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.
Sec. 4. That justice shall be administered in the several counties of
the State, until the period aforesaid, by the same justices, in the same
courts, and in the same manner as heretofore.
Sec. 5. 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 have served in the said office, complete the term
of three years.
Sec. 6. That, until the first enumeration shall be made, as directed
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 represent-
atives as is now prescribed by law.
Sec. 7. That the first senate shall consist of eighteen members, to
be chosen in districts formed as folloAvs, to-wit: The city of Phila-
delphia and the counties of Philadelphia and Delaware 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 Lan-
caster 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 Northumberland, 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 coimties of Westmoreland and Allegheny shall be
a district, and shall elect one senator; and the counties of Washing-
Pennsylvania — 1790 3103
ton and Fayette shall be a district, 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 di-
rected. Any vacancies which shall happen in the senate, within the
said time, shall be supplied as prescribed in the nineteenth section of
the first article.
Sec. 8. That the elections of senators shall be conducted, and the
returns thereof made to the senate, in the same manner as is pre-
scribed by the election-laws of the State for conducting and making
return ot the election of representatives. In those districts which
consist of more than one county, the judges of the district elections
within each county, after having formed a return of the whole elec-
tion 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 execute, under their hands and seals, one general and
true return for the whole district; that is to say, the judges of the
district composed of the city of Philadelphia, and the counties of
Philadelphia and Delaware, shall meet in the State-house in the 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 Middletown, in the county of
Berks; the judges of the district composed of the counties of Cum-
berland and Mifflin shall meet in Greenwood township, county of
Cumberland, at the house now occupied by David Miller; the judges
of the district composed of the counties of Northumberland, Luzerne,
and Huntingdon 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 Allegheny 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 pur-
poses aforesaid.
Sec. 9. 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, directed 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 Inde-
pendence of the United States of America the fifteenth. In testi-
mony whereof we have hereunto subscribed our names.
Thomas Mifflin, President.
Joseph Redman, Secretary.
J. Shaixus, Assistant Secretary.
3104 Pennsylvania — 183S
CONSTITUTION OF PENNSYLVANIA— 1838 * «
We, the people of the commonwealth of Pennsylvania, ordain and
establish this constitution for its government.
Article I
OF THE LEGISLATURE
Section 1.^ The legislative power of this commonwealth shall be
vested in a general assembly, which shall consist of a senate and house
of representatives.
Sec. 2. 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.
Sec. 3. 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 election, and
the last year thereof an inhabitant of the district in and for which
he shall be chosen a representative, unless he shall have been absent
on the public business of the United States or of this State.
Sec. 4.^ Within three years after the first meeting of the general
assembly, and Avithin every subsequent term of seven years, an
enumeration of the taxable inhabitants shall be made in such man-
mer 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 city of Philadelphia
and the several counties, according to the number of taxable inhabit-
ants 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
within it to entitle them to one representative, agreeably to the ratio
of which shall then be established.
Sec. 5.^* The senators shall be chosen for three 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.
Sec. 6. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the legislature,
* Verified by Vol. 14 of " Proceedings and Debates " ; see below.
" Journal of the Convention of the State of Pennsylvania to propose amend
ments to the Constitution, Commenced and Held at the State Capitol, in Har-
risburg, on the second day of May, 1837. Harrisburg : Printed by Thompson &
Clark, 1837, pp. 852.
" Proceedings and Debates of the Convention of the Commonwealth of
Pennsylvania, to propose amendments to the Constitution, Commenced and
held at Harrisburg, on the second day of May. 1837. Reported. by John Agg;
stenographer to the Convention; Assisted by Messrs. Kingman, Drake and
McKinley. Printed by ^ Packer, Barrett and Parke ; Keystone Office, Harris-
burg; 1837, 14 vols.
«This constitution was framed by a convention which assembled at Harris-
burgh May 2, 1837, adjourned in July until October, and adjourned in December
to Philadelphia, where it completed its labors February 22, 1838. It was rati-
fied by the people by a vote of 113,971 votes against 112,759 votes.
b See amendments.
Pennsylvania — 1838 3105
and apportioned among the districts formed- as hereinafter 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.
Sec. 7." The senators shall be chosen in districts, to be formed by
the legislature; but no district shall be so formed as to entitle
it to elect more than two senators, unless the number of taxable
inhabitants in any city or county shall, at any time, be such as to
entitle it to elect more than two, but no city or county shall be entitled
to elect more than four senators ; when a district shall be composed of
two or more counties, they shall be adjoining; neither the city of
Philadelphia nor any county shall be divided in forming a district.
Sec. 8. No person shall be a senator who shall not have attained
the age of twenty-five years, and have been a citizen and inhabitant
of the State for 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 ; and no person elected as aforesaid shall hold
said office after he shall have removed from such district.
Sec. 9. The senators who may be elected at the first general election
after the adoption of the amendments to the constitution, shall be
divided by lot into three classes. The seats of the senators 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 thereafter one-third
of the whole number of senators may be chosen every year. The
senators elected before the amendments to the constitution shall be
adopted shall hold their offices during the terms for which they
shall respectively have been elected.
Sec. 10. The general assembly shall meet on the first Tuesday of
January in every year, unless sooner convened by the governor.
Sec. 11. Each house shall choose its speaker and other officers; and
the senate shall also choose a speaker pi^o tempore when the speaker
shall exercise the office of governor.
Sec. 12. Each house shall judge of the qualifications of its mem-
bers. Contested elections shall be determined by a committee, to be
selected, formed, and reguhited in such manner as shall be directed
by law. 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 authorized by law to compel the attendance of absent mem-
bers in such manner and under such penalties as may be provided.
Sec. 13. Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the concur-
rence of two-thirds, expel a member, but not a second time for the
same cause; and shall have all other powers necessary for a branch
of the legislature of a free State.
Sec. 14. The legislature shall not have power to enact laws annul-
ling the contract of marriage in any case where, by law, the courts
of this commonwealth are, or hereafter may be, empowered to decree
a divorce.
Sec. 15. Each house shall keep a journal of its proceedings and
publish them weekly, except such part as may require secrecy; and
a See amendment.
3106 Pennsylvania — 1838
the yeas and nays of the members on any question shall, at the desire
of any two of them, be entered on the journals.
Sec. 16. 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.
Sec. it. Neither house shall, without the consent of the other, ad-
journ for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Sec. 18. 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 commonwealth. They shall in all cases, except trea-
son, felony, and breach of surety 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 or debate in either house they shall not be questioned in any
other place.
Sec. 19. 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 created, or the
emoluments of which shall have been increased, during such time;
and no member of Congress or other person holding any office (except
of attorney at law and in the militia) under the United States or
this commonwealth, shall be a member of either house during his
continuance in Congress or in office.
Sec. 20. AVhen vacancies happen in either house, the speaker shall
issue writs of election to fill such vacancies.
Sec. 21. All bills for raising revenue shall originate in the house of
representatives, but the senate may propose amendments, as in other
bills.
Sec. 22. No money shall be drawn from the treasury but in conse-
quence of appropriations made by law.
Sec. 23. 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 objection, to the house
in which it shall have originated, who shall enter the objections at
large upon their journals, and proceed 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 like-
wise 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 (Sunday 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, prevented its return, in
which case it shall be a law, unless sent back within three days after
their next meeting.
Sec. 24. Every order, resolution, or vote to which the concurrence
of both houses may be necessary (except on a question of adjourn-
ment) shall be presented to the governor, and before it shall take
effect, > be approved by him, or bemg disapproved, shall be repassed
by two-thirds of both houses, according to the rules and limitations
prescribed in case of a bill.
Pennsylvania— 1838 3107
Sec. 25. No corporate body shall be hereafter created, renewed, or
extended, with banking or discounting privileges, without six months'
previous public notice of the intended application for the same in
such manner as shall be prescribed by law. Nor shall any charter for
the purposes aforesaid be granted for a longer period than twenty
years; and every such charter shall contain a clause reserving to the
legislature the power to alter, revoke, or annul the same, whenever in
their opinion it may be injurious to the citizens of the common-
wealth, in such manner, however, that no injustice shall be done to
the corporators. No law hereafter enacted shall create, renew, or
extend the charter of more than one corporation.
Article II
Section 1. The supreme executive power of this commonwealth
shall be vested in a governor.
Sec. 2. 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 returns 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 vote of the
members of both houses. Contested elections shall be determined by
a committee to be selected from both houses of the legislature, and
formed and regulated in such manner as shall be directed by law.
Sec. 8. The governor shall hold his office during three years from
the third Tuesday of January next ensuing his election, and shall not
be capable of holding it longer than six in any term of nine years.
Sec. 4. He shall be at least thirty years of age, and have been a citi-
zen 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.
Sec. 5. No member of Congress, or person holding any office under
the United States or this State, shall exercise the office of governor.
Sec. C). The governor shall, at stated times, receive for liis services a
compensation, which shall be neither increased nor diminished during
the period for which he shall have been elected..
Sec. T. He shall be commander-in-chief of the army and navy of
this commonwealth, and of the militia, except when they shall be
called into the actual service of the United States.
Sec. 8." He shall appoint a secretary of the commonwealth during
pleasure, and he shall nominate and, by and with the advice and con-
sent of the senate, appoint all judicial officers of courts of record,
unless otherwise provided for in this constitution. He shall have
power to fill all vacancies that may happen in such judicial offices
during the recess of the senate, by granting commissions, which shall
expire at the end of their next session: ProvidexU That in acting on
executive nominations the senate shall sit with open doors, and in
confirming or rejecting the nominations of the governor the votes
shall be taken by yeas and nays.
" See amendments.
7254— VOL
3108 Pennsylvania— 1838
Sec. 9. He shall have power to remit fines and forfeitures, and
grant reprieves and i^ardons, except in cases of impeachment.
Sec. 10. He may require information in writing from the officers
in the executive department on any subject relating to the duties of
their respective offices.
Sec. 11. 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 judge expedient.
Sec. 12. 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 four months.
Sec. 13. He shall take care that the laws be faithfully executed.
Sec. 14. In case of the death or resignation of the governor, or his
removal from office, the speaker of the senate shall exercise the office
of governor until another governor shall be duly qualified; but in
such case another governor shall be chosen at the next annual elec-
tion of representatives, unless such death, resignation, or removal
shall occur within three calendar months immediately preceding
such next annual election, in which case a governor shall be chosen
at the second succeeding annual election of representatives. And if
the trial of a contested election 'shall continue longer than until the
third Monday of January 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 determination of such contested election, and until a governor
shall be duly qualified as aforesaid.
Sec. 15. The secretary of the commonwealth shall keep a fair reg-
ister 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 either branch of the legislature, and shall per-
form such other duties as shall be enjoined him by law.
Article III
OF ELECTIONS
Section 1. In elections by the citizens, every white freeman of the
age of twenty-one years, having resided in this State one year, and in
the election-district where he offers to vote ten days immediately
preceding such election, and within two years paid a State or county
tax, which .shall have been assessed at least ten days before the elec-
tion, shall enjoy the rights of an elector. But a citizen of the United
States, who had previously been a qualified voter of this State and
removed therefrom and returned, and who shall have resided in the
election-district and paid taxes as aforesaid, shall be entitled to vote
after residing in the State six months: Provided, That w^hite free-
men, citizens of the United States, between the ages of twenty-one
and twenty-two years, and having resided in the State one year and
in the election-district ten days as aforesaid, shall be entitled to vote,
although they shall not have paid taxes.
Sec; 2. All elections shall be by ballot, except those by persons in
their representative capacities, who shall vote viva voce.
Pennsylvania— 1838 3109
Sec. 3. Electors shall in all cases, except treason, felony, and breach
of surety of the peace, be privileged from arrest during their attend-
ance on elections and in going to and returning from them.
Article IV
or IMPEACHMENT
Section 1. The house of representatives shall have the sole power
of impeachment.
Sec. 2. 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 concurrence of two-thirds of
the members present.
Sec. 3. The governor and all other civil officers under this com-
monwealth 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 conunon wealth ; the party, whether con-
victed or acquitted, shall, nevertheless, be liable to indictment, trial,
judgment, and punishment, according to law.
Article V
OF THE JUDICIARY
Section 1. The judicial power of this commonwealth shall be
vested in a supreme court, in courts of oyer and terminer and general-
jail delivery, in a court of common pleas, orphans' court, rigisters'
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.
Sec. 2." The judges of the supreme court, of the several courts of
common pleas, and of such other courts of record as are or shall be
established by law, shall be nominated by the governor and, by and
with the consent of the senate, appointed and commissioned by him.
The judges of the supreme court shall hold their offices for the term of
fifteen years, if they shall so long behave themselves well. The presi-
dent judges of the several courts of conmion j)leas, and of such other
courts of record as are or shall be established by law, and all other
judges, required to be learned in the law, shall hold their offices for
the term of ten years, if they shall so long behave themselves well.
The associate judges of the courts of conunon pleas shall hold their
offices for the term of five years, if they shall so long behave them-
selves well. But for any reasonable cause, Avhich 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 legislature. 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 be fixed by law, which shall not be dimin-
ished during their continuance in office; but they shall receive no
o See amendments.
3110 Pennsylvania — 1 838
fees or perquisites of office,' nor hold any other office of profit under
this commonwealth.
Sec. 3. Until otherwise directed by law, the courts of common pleas
shall continue as at present established. Not more than five counties
shall at any time be included in one judicial district organized for
said courts.
Sec. 4. The jurisdiction of the supreme court shall extend over the
State, and the judges thereof shall, by virtue of their offices, be
justices of oyer and terminer and general jail-delivery, in the several
counties.
Sec. 5. 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 offenders
therein; any two of said judges, the president being 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 ac-
cused, as well as the commonwealth, may, under such regulations as
shall be prescribed by law, remove the indictment and proceedings,
or a transcript thereof, into the supreme court.
Sec. 6. 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 perpetuat-
ing of testimony, the obtaining of evidence from places not within
the State, and the care of the persons and estates of those who are
non compotes mentis. And the legislature shall vest in the said
courts such other powers to ^rant relief 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 administration of justice.
Sec. 7. The judges of the court of common pleas of each county,
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.
Sec. 8. The judges of the courts of common pleas shall, within
their respective counties, have like 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.
Sec. 9. The president of the court in each circuit within such cir-
cuit, and the judges of the court of common pleas within their re-
spective counties, shall be justices of the peace, so far as relates to
criminal matters.
Sec. 10. 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.
Sec. 11. The style of all process shall be " The commonwealth of
Pennsylvania." All prosecutions shall be carried on in the name and
by the authority of the commonwealth of Pennsylvania, and con-
clude, " against the peace and dignity of the same."
Pennsylvania — 1 838 3111
Article VI
OF SHERIFFS AND CORONERS
Section 1. Sheriffs and coroners shall, at the times and places of
election of representatives," be chosen by the citizens of each county.
One person shall be chosen for each office, who shall be commissioned
by the governor. They shall hold their offices for three years, if they
shall so long behave themselves well, and until a successor be duly
qualified; but no person shall be twice chosen or appointed sheriff
in any term of six years. Vacancies in either of the said offices shall
be filled by an appointment, to be made by the governor, to continue
until the next general election, and until a successor shall be chosen
and qualified as aforesaid.
Sec. 2. The freemen of this commonwealth shall be armed, organ-
ized, and disciplined for its defence, when and in such manner as
may be directed by law. Those who conscientiously scruple to bear
arms shall not be compelled to do so, but shall pay an equivalent for
personal service.
Sec. 3. Prothonotaries of the supreme court shall be appointed
by the said court for the term of three years, if they so long behave
themselves well. Prothonotaries and clerks of the several other
courts, recorders of deeds, and registers of wills, shall, at the times and
places of election of representatives, be elected by the qualified
electors of each county, or the districts over which the jurisdiction of
said courts extends, and shall be commissioned by the governor. They
shall hold their offices for three years, if they shall so long behave
themselves well, and until their successors shall be duly qualified.
The legislature shall provide by law the number of persons in each
county who shall hold said offices, and how many and which of said
offices shall be held by one person. Vacancies in any of the said of-
fices shall be filled by appointments to be made by the governor, to
continue until the next general election, and until successors shall be
elected and qualified as aforesaid.
Sec. 4. 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, respectively,
shall be officers, unless when the governor shall, for special reasons,
dispense therewith, for any term not exceeding five years after the
county shall have been erected.
Sec. 5. All commissions shall be in the name and by the authority
of the commonwealth of Pennsylvania, and be sealed with the State
seal and signed by the governor.
Sec. C). a State treasurer shall be elected annually, by joint vote of
both branches of the legislature.
Sec. 7. Justices of the peace or aldermen shall be elected in the sev-
eral wards, boroughs, and townships, at the time of the election of
constables, by the qualified voters thereof, in such number as shall be
directed by law, and shall be commissioned by the governor for a
term of five years. But no township, ward, or borough shall elect
more than two justices of the peace or aldermen without the consent
of a majority of the qualified electors within such township, ward, or
borough.
3112 Pennsylvania — 1838
Sec. 8. All officers whose election or appointment is not provided
for in this constitution shall be elected or appointed as shall be
directed by law. No person shall be appointed to any office within
any county who shall not have been a citizen and an 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, 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 or appointment of trust or profit
under the United States, shall at the same time hold or exercise any
office in this State to which a salary is, or fees or perquisites are, by
law, annexed; and the legislature may by law declare what State
offices are incompatible. No member of the senate or of the house of
representatives shall be appointed by the governor to any office dur-
ing the term for Avhich he shall have been elected.
Sec. 9. All officers for a term of years shall hold their offices for
the terms respectively specified, only on the condition that they so
long behave themselves well; and shall be removed on conviction of
misbehavior in office or of any infamous crime.'
Sec. 10. Any person who shall, after the adoption of the amend-
ments proposed by this convention to the constitution, fight a duel, or
send a challenge for that purpose, or be aider or abettor in fighting
a duel, shall bo deprived of the right of holding any office of honor
or profit in this State ; and shall be punished otherwise in such man-
ner as is or may be prescribed by law ; but the executive may remit
the said offence and all its disqualifications.
Article VII
EDUCATION
Section 1. 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.
Sec. 2. The arts and sciences shall be promoted in one or more
seminaries of learning.
Sec. 3. 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 or amended.
Sec. 4. The legislature shall not invest any corporate body or indi-
vidual with the privilege of taking private property for public use,
without requiring such corporation or individual to make compensa-
tion to the owners of said property, or give adequate security therefor,
before such property shall be taken.
Article VIII
OATHS or office
Members of the general assembly, and officers executive and judicial,
shall be bound by oath or affirmation to support the constitution of
this commonw^ealth, and to perform the duties of their respective
offices with fidelity.
Pennsylvania — 1838 3113
Article IX
DECLARATION OF RIGHTS
That the general, great, and essential principles of liberty and free
government may be recognized and unalterably established, we de-
clare—
Section 1. 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, pos-
sessing, and protecting property arid reputation, and of pursuing
their own happiness.
Sec. 2. That all power is inherent in the people, and all free gov-
ernments 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 their government, in such manner as they may
think proper.
Sec. 3. That all men have a natural and indefeasible right to wor-
ship Almighty God according to the dictates of their own consciences ;
that no man can of right be compelled to attend, erect, or support any
place of worship, or to maintain any ministry, against his consent;
that no human authority can, in any such case w^hatever, control or
interfere with the rights of conscience; and that no preference shall
ever be given, by law, to any religious establishments or modes of
worship.
Sec. 4. That no person who acknowledges the being of God and a
future state of rew^ards and punishments, shall, on account of his
religious sentiments, be disqualified to hold any office or place of trust
or profit under this commonwealth.
Sec. 5. That the elections shall be free and equal.
Sec. C). That trial by jur}^ shall be as heretofore, and the right
thereof remain inviolate.
Sec. 7. 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 prosecution for the publication of papers
investigating the official conduct of officers, or men in a public ca-
pacity, or where the matter published is proper for public informa-
tion, the truth thereof may be given in evidence; and in all indict-
ments 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.
Sec. 8. That the people shall be secure in their persons, houses,
papers, and possessions from unreasonable searches and seizures; 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
probable cause, supported by oath or affirmation.
Sec. 9. 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, to meet the witnesses face to face, to
3114 Pennsylvania — 1S38
have compulsory process for obtaining witnesses in his favor, and, in
prosecutions by indictment or information, a speedy trial b}^ an im-
partial jury of the vicinage; that he cannot be compelled to give evi-
dence 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.
Sec. 10. That no person shall, for any indictable offence, be pro-
ceeded against criminally by information ; 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 ; 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 limb ; nor shall any man's property be
taken or applied to public use without the consent of his representa-
tives and without just compensation being made.
Sec. 11. 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 the due course of law, and right and justice administered without
sale, denial, or delay. Suits may be brought against the common-
wealth in such manner, in such courts, and in such cases as the legis-
lature may, by law, direct.
Sec. 12. That no power of suspending laws shall be exercised,
unless by the legislature or its authority.
Sec. 13. That excessive bail shall not be required, nor excessive
fines imposed, nor cruel punishments inflicted.
Sec. 14. 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 w^rit of habeas corptis shall not be-
suspended, unless when, in cases of rebellion or invasion, the public
safety may require it.
Sec. 15. That no commission of oyer and terminer or jail-delivery
shall be issued.
Sec. 16. That the person of a debtor, where there is not strong
presumption of fraud shall not be continued in prison after deliver-
ing up his estate for the benefit of his creditors in such manner as
shall be prescribed by law.
Sec. 17. That no ex post facto law, nor any law impairing con-
tracts, shall be made.
Sec. 18. That no person shall be attainted of treason or felony by
the legislature.
Sec. 19. That no attainder shall work corruption of blood, nor,
except during the life of the offender, forfeiture of estate to the com-
monwealth; that the estates of such persons as shall destroy their
own lives shall descend or vest as in case of natural death; and if
any person shall be killed by casualty, there shall be no forfeiture by
reason thereof.
Sec. 20. That the citizens have a right, in a peaceable manner, to
assemble together for their common good, and to apply to those in-
vested with the powers of government for redress of grievances, or
other proper purposes, by petition, redress, or remonstrance.
Sec. 21. That the right of the citizens to bear arms, in defence of
themselves and the State, shall not be questioned.
Sec. 22. That no standing army shall, in time of peace, 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.
Pennsylvania — 1838 3115
Sec. 23. 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.
Sec. 24. 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.
Sec. 25. That emigration from the State shall not be prohibited.
Sec. 26. To guard against transgressions of the high powers which
we have delegated, we declare that everything in this article is ex-
cepted out of the general powers of government, and shall forever
remain inviolate.
Article X
OF amendments
Any amendment or amendments to this constitution may be pro-
posed in the senate or house of representatives, and if the same shall
be agreed to by a majority of the members elected to each house, such
proposed amendment or amendments shall be entered on their jour-
nals, with the yeas and nays taken thereon, and the secretary of the
commonwealth shall cause the same to be published three months
before the next election, in at least one newspaper in every county in
which a newspaper shall be published; and if in the legislature next
afterward chosen such proposed amendment or amendments shall be
agreed to by a majority of the members elected to each house, the
secretary of the commonwealth shall cause the same again to be pub-
lished in manner aforesaid, and such proposed amendment or amend-
ments shall be submitted to the people in such manner and at such
time, at least three months after being so agreed to by the two houses,
as the legislature shall prescribe; and if the people shall approve
and ratify such amendment or amendments by a majorty of the qufili-
fied voters of this State voting thereon, such amendment or amend-
ments shall become a part of the constitution, but no amendment or
amendments shall be submitted to the people oftener than once in
five years: Pj^omded, That if more than one amendment be submitted,
they shall be submitted in such manner and form that the people may
vote for or against each amendment separately and distinctly.
Schedule
That no inconvenience may arise from the alterations and amend-
ments in the constitution of this commonwealth, and in order to
carry the same into complete operation, it is hereby declared and
ordained that —
Section 1. All laws of this commonwealth in force at the time
when the said alterations and amendments in the said constitution
shall take effect, and not inconsistent therewith, and all rights, prose-
cutions, actions, claims, and contracts, as well of individuals as of
bodies-corporate, shall continue as if the said alterations and amend-
ments had not been made.
Sec. 2. The alterations and amendments in the said constitution
shall take effect from the first day of January, eighteen hundred and
thirty-nine.
3116 Pennsylvania — 1838
Sec. 3. The clauses, sections, and articles of the said constitution
which remain unaltered, shall continue to be construed and have
effect as if the said constitution had not been amended.
Sec. 4. The general assembly which shall convene in December,
eighteen hundred and thirty -eight, shall continue its session, as here-
tofore, notwithstanding the provision in the eleventh section of the
first article, and shall at all times be regarded as the first general
assembly under the amended constitution.
Sec. 5. The governor who shall be elected in October, eighteen
hundred and thirty-eight, shall be inaugurated on the third Tuesday
in January, eighteen hundred and thirty-nine; to which time the
present executive term is hereby extended.
Sec. 6. The commissions of the judges of the supreme court who
may be in office on the first day of January next shall expire in the
following manner : The commission which bears the earliest date shall
expire on the first day of January, anno Domini one thousand eight
hundred and forty-two; the commission next dated shall expire on
the first day of January, anno Domini one thousand eight hundred
and forty-five; the commission next dated shall expire on the first
day of January, anno Domini one thousand eight hundred and forty-
eight; the commission next dated shall expire on the first day of
January, anno Domini one thousand eight hundred and fifty-one;
and the commission last dated shall expire on the first day of Janu-
ary, anno Domini one thousand eight hundred and fifty-four.
Sec. 7. The commissions of the president judges of the several
judicial districts, and of the associate law judges of the first judicial
districts, shall expire as follows: The commissions of one-half of
those who shall have held their offices ten years or more, at the
adoption of the amendments to the constitution, shall expire on the
twenty-seventh day of February, one thousand eight hundred and
thirty-nine; the commissions of the other half of those who shall
have held their offices ten years or more, at the adoption of the
amendments to the constitution, shall expire on the twenty-seventh
day of February, one thousand eight hundred and forty-two; the
first half to embrace those whose commissions shall bear the oldest
date. The commissions of all the remaining judges who shall not
have held their offices for ten years, at the adoption of the amend-
ments to the constitution, shall expire on the twenty-seventh day of
February next after the end of ten years from the date of their com-
missioins.
Sec. 8. The recorders of the several mayors' courts in this common-
wealth shall be appointed for the same time and in the same manner
as the president judges of the several judicial districts; of those now
in office, the commission oldest in date shall expire on the twenty-
seventh day of February, one thousand eight hundred and forty-one,
and the others every two years thereafter according to their respec-
tive dates ; those oldest in date expiring first.
Sec 9. The legislature, at its first session under the amended con-
stitution, shall divide the other associate judges of the State into
four classes. The commissions of those of the first class shall expire
on the twenty-seventh day of February, eighteen hundred and forty ;
of those of the second class on the twenty-seventh day of February,
eighteen hundred and forty-one; of those of the third class on the
twenty-seventh day of February, eighteen hundred and forty-two;
Pennsylvania— 1838 3117
and of those of the fourth class on the twenty-seventh day of Febru-
ary, eighteen hundred and forty-three. The said classes, from the
first to the fourth, shall be arranged according to the seniority of
the commissions of the several judges.
Sec. 10. Prothonotaries, clerks of the several courts, (except of
the supreme court,) recorders of deeds, and registers of wills, shall
be first elected under the amended constitution at the election of
representatives, in the year eighteen hundred and thirty-nine, in such
manner as may be prescribed by law.
Sec. 11. The appointing power shall remain as heretofore, and all
officers in the appointment of the executive department shall con-
tinue in the exercise of the duties of their respective offices until the
legislature shall pass such laws as may be required by the eighth
section of the sixth article of the amended constitution, and until
appointments shall be made under such laws, unless their commis-
sions shall be superseded by new appointments, or shall sooner expire
by their own limitations, or the said offices shall become vacant by
death or resignation, and such laws shall be enacted by the first legis-
lature under the amended constitution.
Sec. 12. The first election for aldermen and justices of the peace
shall be held in the year eighteen hundred '^-id forty, at the time
fixed for the election of constables. The legislature, at its first session
under the amended constitution, shall provide for the said election
and for subsequent similar elections. The aldermen and justices of
the peace now in commission, or who may in the interim be appointed,
shall continue to discharge the duties of their respective offices until
fifteen days after the day w^hich shall be fixed by law for the issuing
of new commissions, at the expiration of which time their commis-
sions shall expire.
In testimony that the foregoing is the amended constitution of
Pennsylvania, as agreed to in convention, we, the officers and members
of the convention, have hereunto signed our names, at Philadelphia,
the twenty-second day of February, anno Domini one thousand eight
hundred and thirty-eight, and of the Independence of the United
States of America the sixty-second.
John Sergeant, President.
S. Shoch, Secretary.
George L. Fauss,
J. Williams,
Assistant Secretaries,
AMENDMENTS TO THE CONSTITUTION OF 1838
(Ratified 1850)
Art. v. Sec. 2. The judges of the supreme court, of the several
courts of common pleas, and of such other courts of record as are or
shall be established bj^ law, shall be elected by the qualified electors
of the commonwealth in the manner following, to wit: The judges of
the supreme court, by the qualified electors of the commonwealth at
large ; the president judges of the several courts of common pleas and
of such other courts of record as are or shall be established by law,
and all other judges required to be learned in the law, by the qualified
3118 Pennsylvania — 1 8S8
electors of the respective districts over which they are to preside or
act as judges; and the associate judges of the courts of common pleas,
by the qualified electors. of the counties respectively. The judges of
the supreme court shall hold their offices for the term of fifteen years,
if they shall so long behave themselves well, (subject to the allotment
hereinafter provided for, subsequent to the first election) ; the presi-
dent judges of the several courts of common pleas, and of such other
courts of record as are or shall be established by law, and all other
judges required to be learned in the law, shall hold their offices for
the term of ten years, if they shall so long behave themselves w^ell;
the associate judges of the courts of common pleas shall hold their
offices for the term of five years, if they shall so long behave them-
selves Avell : all of whom shall be commissioned by the governor, but
for any reasonable cause, which shall not be sufficient grounds of im-
peachment, the governor shall remove any of them on the address
of two-thirds of each branch of the legislature. The first election
shall take place at the general election of this commonwealth next
after the adoption of this amendment, and the commissions of all the
judges who may be then in office shall expire on the first Monday
of December following, when the terms of the new judges shall com-
mence. The persons who shall then be elected judges of the supreme
court shall hold their offices as follow^s : One of them for three years,
one for six years, one for nine years, one for twelve years, and one
for fifteen years, the term of each to be decided by lot by the said
judges as soon after the election as convenient, and the result certified
by them to the governor, that the commissions may be issued in accord-
ance thereto. The judge whose commission Avill first expire shall be
chief justice during his term, and thereafter each judge whose com-
mission shall first expire shall in turn be the chief justice, and if two
or more commissions shall expire on the same day, the judges hold-
ing them shall decide by lot which shall be the chief justice. Any
vacancies happening by death, resignation, or otherwise, in any of
the said courts, shall be filled by appointment by the governor, to
continue till the first Monday of December succeeding the next gen-
eral election. The judges of the supreme court and the presidents of
the several courts of common pleas shall at stated times receive for
their service an adequate compensation, to be fixed by law^, which
shall not be diminished during their continuance in office, but they
shall receive no fees or perquisites of office, nor hold any other office
of profit under this commonwealth, or under the Government of the
United States, or any other State of this Union. The judges of the
supreme court during their contiuance in office shall reside within this
commonwealth, and the other judges during their continuance in
office shall reside within the district or county for which they were
respectively elected.
(Ratified 1857)
Article I. Sec. 2. From section two of the first article of the con-
stitution strike out the words "of the city of Philadelphia, and of
each county respectively;" from section five, same article, strike out
the words " of Philadelphia and of the several counties ; " from sec-
tion seven, same article, strike out the words " neither the city of
Philadelphia nor any ; " and insert in lieu thereof the following
Pennsylvania — 1838 31 19
Avords : "And no ; " and strike out section four, same article, and in
iieu thereof insert the following:
"Sec. 4. In the year one thousand eight hundred and sixty-four,
and in every seventh year thereafter, representatives to the number of
one hundred shall be apportioned and distributed equally through-
out the State by districts, in proportion to the number of taxable in-
habitants in the several parts thereof; except that any county contain-
ing at least three thousand five hundred taxables may be allowed a
separate representation; but no more than three counties shall be
joined, and no county shall be divided in the formation of a district.
Any city containing a sufficient number of taxables to entitle it to at
least two representatives, shall have a separate representation as-
signed it, and shall be divided into convenient districts of contiguous
territory, of equal taxable population as near as may be, each of
which districts shall elect one representative."
At the end of section seven, same article, insert these words : "The
city of Philadelphia shall be divided into single senatorial districts
of contiguous territory, as nearly equal in taxable population as pos-
sible ; but no ward shall be divided in the formation thereof."
The legislature, at its first session after the adoption of this amend-
ment, shall divide the city of Philadelphia into senatorial and repre-
sentative districts in the manner above provided; such districts to
remain unchanged until the apportionment in the year one thousand
eight hundred and sixty-four.
Article I. To he Sec. 26. The legislature shall have the power to
cJter, revoke, or annul any charter of incorporation hereafter con-
ferred by or under any special or general law whenever in their opin-
ion it may be injurious to the citizens of the commonwealth, in such
manner, however, that no injustice shall be done to the corporators.
Art. XL Added: Sec. 1. The State may contract debts to supply
casual deficits or failures in revenues, or to meet expenses not other-
wise provided for, but the aggregate amount of such debts, direct
and contingent, whether contracted by virtue of one or more acts of
the general assembly or at different periods of time, shall never ex-
ceed seven hundred and fifty thousand dollars, and the money aris-
ing from the creation of such debts shall be applied to the purposes
for which it w^as obtained, or to repay the debts so contracted, and
to no other purpose whatever.
Sec. 2. In addition to the above limited power, the State may con-
tract debts to repel invasion, suppress insurrection, defend the State
in war, or to redeem the present outstanding indebtedness of the
State ; but the money arising from the contractmg of such debts shall
be applied to the purpose tor which it was raised or to repay such
debts, and to no other purpose whatever.
Sec. 3. Except the debts above specified in sections one and two of
this article, no debt w^hatever shall be created bv or on behalf of the
State.
Sec. 4. To provide for the pavment of the present debt, and any
additional debt contracted as aforesaid, the legislature shall, at its
first session after the adoption of this amendment, create a sinking-
fund, W'hich shall be sufficient to pay the accruing interest on such
debt and annually to reduce the principal thereof by a sum not less
than two hundred and fifty thousand dollars; which sinking-fund
shall consist of the net annual income of the public works from time
3120 Pennsylvania— 1838
to time owned by the State, or the proceeds of the sale of the same
or any part thereof, and of the income or proceeds of sale of stocks
owned by the State, together with other funds or resources that may
be designated by law. The said sinking-fund may be increased from
time to time by assigning to it any part of the taxes or other revenues
of the State not required for the ordinary and current expenses of
government, and, unless in case of war, invasion, or insurrection, no
part of the said sinking-fund shall be used or applied otherwise than
in extinguishment of the public debt, until the amount of such debt
is reduced below the sum of five millions of dollars.
Sec. 5. The credit of the commonwealth shall not in any manner
or event be pledged or loaned to any individual, company, corpora-
tion, or association, nor shall the commonwealth hereafter become a
joint owner or stockholder in any company, association, or cor-
poration.
Sec. 6. The commonwealth shall not assume the debt, or any part
thereof, of any county, city, borough, or township, or of any corpo-
ration or association, unless such debt shall have been contracted to
enable the State to repel invasion, suppress domestic insurrection,
defend itself in time of war, or to assist the State in the discharge
of any portion of its present indebtedness.
Sec. 7. The legislature shall not authorize an}^ county, city, bor-
ough, township, or corporated district, by virtue of a vote of its
citizens or otherwise, to become a stockholder in any company, asso-
ciation, or corporation, or to obtain money for or loan its credit to
any corporation, association, institution, or party.
Art. XII. Added: No county shall be divided by a line cutting
off over one-tenth of its population (either to form a new county or
otherwise) without the express assent of such county, by a vote of
the electors thereof, nor shall any new county be established contain-
ing less than four hundred square miles.
(Ratified 1864)
Art. III. Added: Sec. 4. AYhenever any of the qualified electors
of this commonwealth shall be in any actual military service, under
a requisition from the President of the United States or by the
authority of this commonwealth, such electors may exercise the right
of suffrage in all elections by the citizens, under such regulations as
are or shall be prescribed by law, as fully as if they were present at
their usual place of election.
Art. XI. Added: Sec. 8. No bill shall be passed by the legislature
containing more than one subject, which shall be expressed in the title,
except appropriation bills.
Sec. 9. No bill shall be passed by the legislature granting any
powers or privileges, in any case, where the authority to grant such
powers or privileges has been or may hereafter be conferred upon the
courts of this commonwealth.
(Ratified 1872)
Strike out the sixth section of the sixth article of the Constitution,
and insert in lieu thereof the following: — "A State Treasurer shall
be chosen by the qualified electors of the State, at such times and for
such term of service as shall be prescribed by law."
Pennsylvania— 1873 3121
CONSTITUTION OF PENNSYLVANIA— 1873 *
PREAMBLE
We, the people of the Commonwealth of Pennsylvania, grateful to
Almighty God for the blessings of civil and religious liberty, and
humbly invoking His guidance, do ordain and establish this Con-
stitution.
Article I
DECLARATION OF RIGHTS
That the general, great and essential principles of liberty and free
government may be recognized and unalterably established, we declare
that —
Section 1. 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 pursuing their own
happiness.
Sec. 2. All power is inherent in the people, and all free govern-
ments 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 alienable and indefeasible right to alter, reform or
abolish their government in such manner as they may think proper.
Sec. 3. All men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own consciences;
no man can of right be compelled to attend, erect or support any
place of worship, or to maintain any ministry against his consent;
no human authority can, in any case whatever, control or interfere
with the rights of conscience and no preference shall ever be given by
law to any religious establishments or modes of worship.
Sec. 4. 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.
Sec. 5. Elections shall be free and equal; and no power, civil or
military, shall at any time interfere to prevent the free exercise of the
right of suffrage.
Sec. 6. Trial by jury shall be as heretofore, and the right thereof
remain inviolate.
Sec. T. The printing press shall be free to every person who may
undertake 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. No conviction shall be had in any prosecution for
* The Constitution of the Commonwealth of Pennsylv.ania. Adopted by the
Constitiftional Convention November 8. 1873 ; ratified and adopted by the people
at a special election held December 10, 1878; went into effect .January 1. 1874,
and as amended November 5, 1901. Wm. Stanley Ray, State Printer of Penn-
sylvania. 1902. pp. 41.
3122 Pennsylvania— 1873
the publication of papers relating to the official conduct of officers
or men in public capacity, or to any other matter proper for public
investigation or information, where the fact that such publication
Avas not maliciousl}^ or negligently made shall be established to the
satisfaction of the jury; and in all indictments for libels the jury
shall have the right to determine the law and the facts, under the
direction of the court, as in other cases.
Sec. 8. The people shall be secure in their persons, houses, papers
and possessions from unreasonable searches and seizures, and no war-
rant to search 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 affirmation subscribed to by the affiant.
Sec. 9. 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, to meet the witnesses face to face, to
have compulsory process for obtaining witnesses in his favor, and,
in prosecutions by indictment or information, a speedy public trial
by an impartial jury of the vicinage; 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.
Sec. 10. No person shall, for any indictable offense, be proceeded
against criminally by information, 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, or by leave of the court for oppression or mis-
demeanor in office. No person shall, for the same offense, be twice
put in jeopardy of life or limb; nor shall private property be taken
or applied to public use, without authority of law and without just
compensation being first made or secured.
Sec. 11. 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 administered without
sale, denial or delay. Suits may be brought against the Common-
wealth in such manner, in such courts and m such cases as the Legis-
lature may by law direct.
Sec. 12. No power of suspending laws shall be exercised unless by
the Legislature or by its authority.
Sec. 13. t^xcessive bail shall not be required, nor excessive fines
imposed, nor cruel punishments inflicted.
Sec. 14. All prisoners shall be bailable by sufficient sureties, unless
for capital offenses 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 re-
quire it.
Sec. 15. No commission of oyer and terminer or jail delivery shall
be issued.
Sec. 10. The person of a debtor, where there is not strong presump-
tion 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 pre-
scribed by law.
Sec. 17. No ex post facto law, nor any law impairing the obliga-
tion jof contracts, or making irrevocable any grant of special privi-
leges or immunities, shall be passed.
Pennsylvania — 1873 3123
Sec. 18. No person shall be attainted of treason or felony by the
Legislature.
Sec. 19. No attainder shall work corruption of blood, nor, except
during the life of the offender, forfeiture of estate to the Common-
wealth. The estate of such persons as shall destroy their own lives
lives shall descend or vest as in cases of natural death, and if any
person shall be killed by casualty there shall be no forfeiture by rea-
son thereof.
Sec. 20. The citizens have a right in a peaceable manner to as-
semble together for their common good and to apply to those in-
vested with the powers of government for redress of grievances or
other proper purposes, by petition, address or remonstrance.
Sec. 21. The right of the citizens to bear arms in defense of them-
selves and the State shall not be questioned.
Sec. 22. No standing army shall, in time of peace, be kept up
without the consent of the Legislature, and the military shall in all
cases and at all time be in strict subordination to the civil power.
Sec. 23. 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.
Sec. 24. 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.
Sec. 25. Emigration from the State shall not be prohibited.
Sec. 26. To guard against transgressions of the high powers which
we have delegated, we declare that everything in this article is
excepted out of the general powers of government and shall forever
remain inviolate.
Article II
THE LEGISLATURE
Sec. 1. The legislative power of this Commonwealth shall be vested
in a General Assembly which shall consist of a Senate and a House
of Representatives.
Sec. 2. Members of the General Assembly shall be chosen at the
general election every second year. Their term of service shall begin
on the first day of December next after their election. Whenever a
vacancy shall occur in either House, the presiding officer thereof shall
issue a writ of election to fill such vacancy for .the remainder of the
term.
Sec. 3. Senators shall be elected for the term of four years and
Representatives for the term of two years.
Sec. 4. The General Assembly shall meet at twelve o'clock, noon,
on the first Tuesday of January every second year, and at other times
when convened by the Governor, but shall hold no adjourned annual
session after the year one thousand eight hundred and seventy-eight.
In case of a vacancy in the office of United States Senator from this
Commonwealth, in a recess between sessions, the Governor shall con-
vene the two Houses, by proclamation on notice not exceeding sixty
days, to fill the same.
Sec. 5. Senators shall be at least twenty-five years of age and
Representatives twenty-one years of age. They shall have been citi-
zens and inhabitants of the State four years, and inhabitants of their
7254— VOL 5—09 38
3124 Pennsylvania— 1 873
respective districts one year next before their election (unless absent
on the public business of the United States or of this State) , and shall
reside in their respective districts during their terms of service.
Sec. 6. No Senator or Representative shall, during the time for
which he shall have been elected, be appointed to any civil office under
this Commonwealth, and no member of Congress, or other person,
holding any office (except of attorney-at-law or in the militia) under
the United States, or this Commonwealth, shall be a member of either
House during his continuance in office.
Sec. 7. No person hereafter convicted of embezzlement of public
moneys, bribery, perjury or other infamous crime, shall be eligible
to the General Assembly, or capable of holding any office of trust or
profit in this Commonwealth.
Sec. 8. The members of the General Assembly shall receive such
salary and mileage for regular and special sessions as shall be fixed
by law, and no other compensation w^iatever, whether for service
upon committee or otherwise. No member of either House shall
during the term for Avhich he may have been elected, receive any in-
crease of salary, or mileage, under any law passed during such term.
Sec. 9. The Senate shall at the beginning and close of each regular
session and at such other times as may be necessary, elect one of its
members President pro tempore, who shall perform the duties of
the Lieutenant Governor, in any case of absence or disability of that
officer, and whenever the said office of Lieutenant Governor shall be
vacant. The House of Representatives shall elect one of its mem-
bers as Speaker. Each House shall choose its other officers, and shall
judge of the election and qualifications of its members.
Sec. 10. A majority of each House shall constitute a quorum,
but a smaller number may adjourn from day to-day and compel the
attendance of absent members.
Sec. 11. Each House shall have power to determine the rules
of its proceedings and punish its members or other persons for con-
tempt or disorderly behavior in its presence, to enforce obedience to
its process, to protect its members against violence or offers of bribes
or private solicitation, and, with the concurrence of two-thirds, to
expel a member, but not a second time for the same cause, and shall
have all other powers necessary for the Legislature of a free State.
A member expelled for corruption shall not thereafter be eligible to
either House, and punishment for contempt or disorderly behavior
shall not bar an indictment for the same offense.
Sec. 12. Each House shall keep a journal of its proceedings and
from time to time publish the same, except such parts as require
secrecy, and the yeas and nays of the members on any question shall,
at the desire of any two of them, be entered on the journal.
Sec. 13. The sessions of each House and of committees of the whole
shall be open, unless when the business is such as ought to be kept
secret.
Sec. 14. 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.
Sec. 15. The members of the General Assembly shall in all cases,
except treason, felony, violation of their oath of office, and breach
or surety of the peace, be privileged from arrest during their at-
tendance at the sessions of their respective Houses and in going to
Pennsylvania— 1873 3 125
and returning from the same ; and for any speech or debate in either
House they shall not be questioned in any other place.
Sec. 16. The State shall be divided into fifty senatorial districts
of compact and contiguous territory as nearly equal in population as
may be, and each district shall be entitled to elect one Senator.
Each county containing one or more ratios of population shall be
entitled to one Senator for each ratio, and to an additional Senator
for a surplus of population exceeding three-fifths of a ratio, but no
county shall form a separate district unless it shall contain four-
fifths of a ratio, except where the adjoining counties are each entitled
to one or more Senators, when such county may be assigned a Senator
on less than four-fifths and exceeding one-half of a ratio; and no
county shall be divided unless entitled to two or more Senators. No
city or county shall be entitled to separate representation exceeding
one-sixth of the whole number of Senators. No ward, borough or
township shall be divided in the formation of a district. The sena-
torial ratio shall be ascertained by dividing the whole population of
the State by the number fifty.
Sec. 17. The members of the House of Representatives shall be
apportioned among the several counties, on a ratio obtained by divid-
ing the population of the State as ascertained by the most recent
United States census by two hundred. Every county containing less
than five ratios shall have one representative for every full ratio, and
an additional representative when the surplus exceeds half a ratio;
but each county shall have at least one representative. Every county
containing five ratios or more shall have one representative for every
full ratio. Every city containing a population equal to a ratio shall
elect separately its proportion of the representatives allotted to the
county in which it is located. Every city entitled to more than four
representatives, and every county having over one hundred thousand
inhabitants shall be divided into districts of compact and contiguous
territory, each district to elect its proportion of representatives,
according to its population, but no district shall elect more than
four representatives.
Sec. 18. The General Assembly at its first session after the adop-
tion of this Constitution, and immediately after each United States
decennial census, shall apportion the State into senatorial and repre-
sentative districts agreeably to the provisions of the two next preced-
ing sections.
Article III
legislation
Section 1. No law shall be passed except by bill, and no bill shall
be so altered or amended, on its passage through either House, as to
change its original purpose.
Sec. 2. No bill shall be considered unless referred to a committee,
returned therefrom, and printed for the use of the members.
Sec. 3. No bill, except general appropriation bills, shall be passed
containing more than one subject, which shall be clearlv expressed in
its title.
Sec. 4. Every bill shall be read at length on three different days in
each House; all amendments made thereto shall be printed for the
use of the members before the final vote is taken on the bill, and no
3126 Pennsylvania— 1873
bill shall become a law, unless on its final passage the vote be taken
by yeas and nays, the names of the persons voting for and against the
same be entered on the journal, and a majority of the members
elected to each House be recorded thereon as voting in its favor.
Sec. 5. No amendment to bills by one House shall be concurred in
by the other, except by the vote of a majority of the members elected
thereto, taken by yeas and nays, and the names of those voting for and
against recorded upon the journal thereof ; and reports of committees
of conference shall be adopted in either House only by the vote,
of a majority of the members elected thereto, taken by yeas and nays,
and the names of those voting recorded upon the journals.
Sec. 6. No law shall be revived, amended, or the provisions thereof
extended or conferred, by reference to its title only, but so much
thereof as is revived, amended, extended or conferred shall be re-
enacted and published at length.
Sec. 7. The General Assembly shall not pass any local or special
law:
Authorizing the creation, extension or impairing of liens :
Kegulating the affairs of counties, cities, townships, wards, bor-
oughs or school districts :
Changing the names of persons or places :
Changing the venue in civil or criminal cases :
Authorizing the laying out, opening, altering or maintaining, roads,
highways, streets or alleys :
Eelating to ferries or bridges, or incorporating ferry or bridge
companies, except for the erection of bridges crossing streams which
form boundaries between this and any other State :
Vacating roads, town plats, streets or alleys :
Relating to cemeteries, graveyards or public grounds not of the
State :
Authorizing the adoption or legitimation of children:
Locating or changing county seats, erecting new counties or chang-
ing county lines :
Incorporating cities, towns or villages, or changing their charters :
For the opening and conducting of elections, or fixing or changing
the place of voting:
Granting divorces :
Erecting new townships or boroughs, changing township lines,
borough limits or school districts :
Creating offices, or prescribing the powers and duties of officers in
counties, cities, boroughs, townships, election or school districts :
Changing the law of descent or succession :
Regulating the practice or jurisdiction of, or changing the rules of
evidence in, any judicial proceeding or inquiry before courts, alder-
men, justices of the peace, sheriffs, commissioners, arbitrators, audi-
tors, masters in chancery or other tribunals, or providing or changing
methods for the collection of debts, or the enforcing of judgments,
or prescribing the effect of judicial sales of real estate :
Regulating the fees or extending the powers and duties of alder-
men, justices of the peace, magistrates or constables:
Regulating the management of jDublic schools, the building or re-
pairing of school houses, and the raising of money for such purposes :
Fixing the rate of interest :
Pennsylvania— 1873 3127
Affecting the estates of minors or persons under disability, except
after due notice to all parties in interest, to be recited in the special
enactment :
Remitting fines, penalties and forfeitures, or refunding moneys
legally paid into the treasury :
Exempting property from taxation :
Regulating labor, trade, mining or manufacturing:
Creating corporations, or amending, renewing or extending the
charters thereof:
Granting to any corporation, association or individual any special
or exclusive privilege or immunity, or to any corporation, association
or individual the right to lay down a railroad track :
Nor shall the General Assembly indirectly enact such special or
local law by the partial repeal of a general law ; but laws repealing
local or special acts may be passed :
Nor shall any law be passed granting powers or privileges in any
case where the granting of such powers and privileges shall have been
provided for by general law, nor where the courts have jurisdiction to
grant the same or give the relief asked for.
Sec. 8. No local or special bill shall be passed unless notice of the
intention to apply therefor shall have been published in the locality
where the matter or the thing to be affected may be situated, which
notice shall be at least thirty days prior to the introduction into the
General Assembly of such bill and in the manner to be provided by
law; the evidence of such notice having been published, shall be ex-
hibited in the General Assembly, before such act shall be passed.
Sec. 9. The presiding officer of each House shall, in the presence
of the House over which he presides, sign all bills and joint resolu-
tions passed by the General Assembly, after their titles have been pub-
licly read immediately before signing; and the fact of signing shall
be entered on the journal.
Sec. 10. The General Assembly shall prescribe by law the number,
duties and compensation of the officers and employes of each House,
and no payment shall be made from the State Treasury, or be in any
way authorized, to any person, except to an acting officer or employee
elected or appointed in pursuance of law.
Sec. 11. No bill shall be passed giving any extra compensation to
any public officer, servant, employe, agent or contractor, after serv-
ices shall have been rendered or contract made, nor providing for the
payment of any claim against the Commonwealth without previous
authority of law.
Sec. 12. All stationery, printing paper and fuel used in the legis-
lative and other departments of government shall be furnished, and
the printing, binding and distributing of the laws, journals, depart-
ment reports, and all other printing and binding, and the repairing
and furnishing the halls and rooms used for the meetings of the
General Assembly and its committees, shall be performed under con-
tract to be given to the lowest responsible bidder below such maxi-
mum price and under such regulations as shall be prescribed by law ;
no member oi officer of any department of the government shall be
in any way interested in such contracts, and all such contracts shall
be subject to the approval of the Governor, Auditor General and State
Treasurer.
3128 Pennsylvania — 1873
Sec. 13. No law shall extend the term of any public officer, or in-
crease or diminish his salary or emoluments, after his election or
appointment.
Sec. 14. All bills for raising revenue shall originate in the House
of Eepresentatives, but the Senate may propose amendments as in
other bills.
Sec. 15. The general appropriation bill shall embrace nothing but
appropriations for the ordinary expenses of the executive, legisla-
tive and judicial departments of the Commonwealth, interest on the
public debt and for public schools; all other appropriations shall be
made by separate bills, each embracing but one subject.
Sec. 16. No money shall be paid out of the treasury, except upon
appropriations made by law, and on warrant drawn by the proper
officer in pursuance thereof.
Sec. 17. No appropriation shall be made to any charitable or edu-
cational institution not under the absolute control of the Common-
wealth, other than normal schools established by law for the pro-
fessional training of teachers for the public schools of the State,
except by a vote of two-thirds of all the members elected to each
House.
Sec. 18. No appropriations, except for pensions or gratuities for
military services, shall be made for charitable, educational or benevo-
lent purposes, to any person or community, nor to any denominational
or sectarian institution, corporation or association.
Sec. 19. The General Assembly may make appropriations of money
to institutions wherein the widows of soldiers are supported or
assisted, or the orphans of soldiers are maintained and educated;
but such appropriation shall be applied exclusively to the support
of such widows and orphans.
Sec. 20. The General Assembly shall not delegate to any special
commission, private corporation or association, any power to make,
supervise or interfere with any municipal improvement, money,
property or effects whether held in trust or otherwise, or to levy
taxes or perform any municipal function whatever.
Sec. 21. No act of the General Assembly shall limit the amount to
be recovered for injuries resulting in death, or for injuries to persons
or property; and, in case of death from such injuries, the right of
action shall survive, and the General Assembly shall prescribe for
whose benefit such actions shall be prosecuted. No act shall pre-
scribe any limitations of time within which suits may be brought
against corporations for injuries to persons or property, or for other
causes different from those fixed by general laws regulating actions
against natural persons, and such acts now existing are voided.
Sec. 22. No act of the General Assembly shall authorize the invest-
ment of trust funds by executors, administrators, guardians or other
trustees, in the bonds or stock of any private corporation, and such
acts now existing are avoided, saving investments heretofore made.
Sec. 23. The power to change the venue in civil and criminal cases
shall be vested in the courts, to be exercised in such manner as shall
be provided by law.
Sec. 24. No obligation or liability of any railroad or other corpora-
tion, held or owned by the Commonwealth, shall ever be exchanged,
transferred, remitted,* postponed or in any way diminished by the
Pennsylvania— 1873 3129
General Assembly, nor shall such liability or obligation be released,
except by payment thereof into the State Treasury.
Sec. 25. When the General Assembly shall be convened in special
session, there shall be no legislation upon subjects other than those
designated in the proclamation of the Governor calling such session.
Sec. 26. Every order, resolution or vote, to which the concurrence-
of both Houses may be necessary, except on the question of adjourn-
ment, 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, according to the rules and limitations
prescribed in case of a bill.
Sec. 27. No State office shall be continued or created for the in-
spection or measuring of any merchandise, manufacture or com-
modity, but any county or municipality may appoint such officers
when authorized by law.
Sec. 28. No law changing the location of the capital of the State
shall be valid untill the same shall have been submitted to the quali-
fied electors of the Commonwealth at a general election, and ratified
and approved by them.
Sec. 29. A member of the General Assembly who shall solicit, de-
mand or receive, or consent to receive, directly or indirectly, for him-
self or for another, or from any company, corporation or person, any
money, office, appointment, employment, testimonial, reward, thing
of value or enjoyment, or of personal advantage, or promise thereof,
for his vote or official influence, or for withholding the same, or with
an understanding expressed or implied, that his vote or official action
shall be in any way influenced thereby, or w^ho shall solicit or de-
mand any such money or other advantage, matter or thing aforesaid
for another, as the consideration of his vote or official influence, or for
withholding the same, or shall give or withhold his vote or influence
in consideration of the payment or promise of such money, advan-
tage, matter or thing, to another, shall be held guilty of bribery
within the meaning of this Constitution, and shall incur the dis-
abilities provided thereby for said offense, and such additional pun-
ishment as is or shall be provided by law.
Sec. 30. Any person who shall, directly or indirectly, offer, give
or promise, any money, or thing of value, testimonial, privilege, or
personal advantage, to any executive or judicial officer, or member of
the General Assembly, to influence him in the performance of any of
his public or official duties, shall be guilty of bribery, and be punished
in such manner as shall be provided by law.
Sec. 31. The offense of corrupt solicitation of members of the
General Assembly or of public officers of the State or of any munici-
pal division thereof, and any occupation or practice of solicitation
of such members or officers to influence their official action, shall be
defined by law, and shall be punished by fine and imprisonment.
Sec. 32. Any person may be compelled to testify in any lawful
investigation or judicial proceeding against any person who may be
charged with having committed the offense of bribery or corrupt
solicitation, or practices of solicitation, and shall not be permitted to
withhold his testimony upon the ground that it may criminate him-
self or subject him to public infamy; but such testimony shall not
afterwards be used against him in any judicial proceeding, except
3130 Pennsylvania— 1873
for perjury in giving such testimony, and any person convicted of
either of the offense aforesaid shall, as part of the punishment
therefor, be disqualified from holding any office or position of
honor, trust or profit in this Commonwealth.
Sec. 33. A member who has a personal or private interest in any
measure or bill proposed or pending before the General Assembly
shall disclose the fact to the House of which he is a member, and
shall not vote thereon.
Article IV
THE EXECUTIVE
Section 1. The Executive Department of this Commonwealth shall
consist of a Governor, Lieutenant Governor, Secretary of the Com-
monwealth, Attorney General, Auditor General, State Treasurer,
Secretary of Internal Affairs and a Superintendent of Public In-
struction.
Sec. 2. The supreme executive power shall be vested in the Gov-
ernor, who shall take care that the laws be faithfully executed; he
shall be. chosen on the day of the general election, by the qualified
electors of the Commonwealth, at the places where they shall vote
for Representatives. The returns of every election for Governor
shall be sealed up and transmitted to the seat of government, directed
to the President of the Senate, who shall open and publish them in the
presence of the members of both Houses of the General Assembly.
The person having the highest number of votes shall be Governor,
but if two or more be equal and highest in votes, one of them shall be
chosen Governor by the joint vote of the members of both Houses.
Contested elections shall be determined by a committee, to be selected
from both Houses of the General Assembly, and formed and regu-
lated in such manner as shall be directed by law.
Sec. 3. The Governor shall hold his office during four years from
the third Tuesday of January "next ensuing his election, and shall not
be eligible to the office for the next succeeding term.
Sec. 4. A Lieutenant Governor shall be chosen at the same time, in
the same manner, for the same term, and subject to the same provi-
sions as the Governor ; he shall be President of the Senate, but shall
have no vote unless they be equally divided.
Sec. 5. No person shall be eligible to the office of Governor or
Lieutenant Governor except a citizen of the United States, who shall
have attained the age of thirty years, and have been seven years next
preceding his election an inhabitant of the State, unless he shall have
been absent on the public business of the United States or of this
State.
Sec. 6. No member of Congress or person holding any office under
the United States or this State shall exercise the office of Governor or
Lieutenant Governor.
Sec. 7. The Governor shall be commander-in-chief of the army and
navy of the Commonwealth, and of the militia, except when" they
shall be called into the actual service of the United States.
Sec. 8. He shall nominate and, by and with the advice and consent
of two-thirds of all the members of the Senate, appoint a Secretary
Pennsylvania— 1873 3131
of the Commonwealth and an Attorney General during pleasure, a
Superintendent of Public Instruction for four years, and such other
officers of the Commonwealth as he is or may be authorized by the
Constitution or any law to appoint; he shall have power to fill all
vacancies that may happen, in offices to which he may appoint, during
the recess of the Senate, by granting commissions which shall expire
at the end of their next session ; he shall have power to fill any va-
cancy that may happen, during the recess of the Senate, in the office
of Auditor General, State Treasurer, Secretary of Internal Affairs
or Superintendent of Public Instruction, in a judicial office, or in any
other elective office which he is or may be authorized to fill; if the
vacancy shall happen during the session of the Senate, the Governor
shall nominate to the Senate, before their final adjournment, a proper
person to fill said vacancy; but in any such case of vacancy, in an
elective office, a person shall be chosen to said office at the next general
election, unless the vacancy shall happen within three calendar months
immediately preceding such election, in which case the election for
said office shall be held at the second succeeding general election. In
acting on Executive nominations the Senate shall sit with open doors,
and, in confirming or rejecting the nominations of the Governor, the
vote shall be taken by yeas and nays, and shall be tendered on the
journal.
Sec. 9. He shall have power to remit fines and forfeitures, to grant
reprieves, commutations of sentence and pardons, except in cases of
impeachment; but no pardon shall be granted, nor sentence com-
muted, except upon the recommendation in writing of the Lieutenant
Governor, Secretary of the Commonwealth, Attorney General and
Secretary of Internal Affairs, or any three of them, after full hear-
ing, upon due public notice and in open sessions, and such recom-
mendation, with the reasons therefor at length, shall be recorded and
filed in the office of the Secretary of the Commonwealth.
Sec. 10. He may require information in writing from the officers
of the Executive Department, upon any subject relating to the duties
of their respective offices.
Sec. 11. 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 may judge expedient.
Sec. 12. He may, on extraordinary occasions, convene the General
Assembly, and in case of disagreement between the two Plouses, with
respect to the time of adjournment, adjourn them to such time as he
shall think proper, not exceeding four months. He shall have power
to convene the Senate in extraordinary session by proclamation for
the transaction of executive business.
Sec. 13. In case of the death, conviction on impeachment, failure
to qualify, resignation, or other disability of the Governor, the pow-
ers, duties and emoluments of the office, for the remainder oi the
term, or until the disability be removed, shall devolve upon the
Lieutenant Governor.
Sec. 14. In case of a vacancy in the office of Lieutenant Governor,
or when the Lieutenant Governor shall be impeached by the House
of Representatives, or shall be unable to exercise the duties of his
office, the powers, duties and emoluments thereof for the remainder
3132 Pennsylvania — 1873
of the term, or until the disability be removed, shall devolve upon
the President pro tempore of the Senate ; and the President pro tem-
pore of the Senate shall in like manner become Governor if a vacancy
or disability shall occur in the office of Governor; his seat as Sena-
tor shall become vacant whenever he shall become Governor, and
shall be filled by election as any other vacancy in the Senate.
Sec. 15. 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 objections to the House
in which it shall have originated, which House shall enter the objec-
tions at large upon their journal, and proceed to re-consider it. If,
after such re-consideration, two-thirds of all the members elected to
that House shall agree to pass the bill, it shall be sent with the objec-
tions to the other House by which likewise it shall be re-considered,
and if approved by two-thirds of all the members 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 members
voting for and 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 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 General Assembly, by their adjournment, prevent its return, in
which case it shall be a law, unless he shall file the same with his
objections, in the office of the Secretary of the Commonwealth, and
give notice thereof by public proclamation within thirty days after
such adjournment.
Sec. 16. The Governor shall have power to disapprove of any item
or items of any bill, making appropriations of money, embracing dis-
tinct items, and the part or parts of the bill approved shall be the
law, and the item or items of appropriation disapproved shall be
void, unless re-passed according to the rules and limitations pre-
scribed for the passage of other bills over the Executive veto.
Sec. it. The Chief Justice of the Supreme Court shall preside
upon trial of any contested election of Governor or Lieutenant Gov-
ernor and shall decide questions regarding the admissibility of evi-
dence, and shall, upon request of the committee, pronounce his opin-
ion upon other questions of laAv involved in the trial. The Governor
and Lieutenant Governor shall exercise the duties of their respective
offices until their successors shall be duly qualified.
Sec. 18. The Secretary of the Commonwealth shall keep a record
of all official acts and proceedings of the Governor, and when re-
quired lay the same, with all papers, minutes and vouchers relating
thereto,- before either branch of the General Assembly, and perform
such other duties as may be enjoined upon him by law.
Sec. 19. The Secretary of Internal Affairs shall exercise all the
powers and perform all the duties of the Surveyor General, subject
to such changes as shall be made by law. His department shall em-
brace a bureau of industrial statistics, and he shall discharge such
duties relating to corporations, to the charitable institutions, the
agricultural, manufacturing, mining, mineral, timber and other ma-
terial or business interests of the State as may be prescribed by, law.
He shall annually, and at such other times as may be required by
law, make report to the General Assembly.
Pennsylvania — 1873 3133
Sec. 20. The Superintendent of Public Instruction shall exercise
all the powers and perform all the duties of the Superintendent of
Common Schools, subject to such changes as shall be' made by law.
Sec. 21. The term of the Secretary of Internal Affairs shall be four
years; of the Auditor General three years; and of the State Treas-
urer two years. These officers shall be chosen by the qualified electors
of the State at general elections. No person elected to the office of
Auditor General or State Treasurer shall be capable of holding the
same office for two consecutive terms.
Sec. 22. The present Great Seal of Pennsylvania shall be the seal
of the State. All commissions shall be in the name and by authority
of the Commonwealth of Pennsylvania, and be sealed with the State
seal and signed by the Governor.
Article V
THE JUDICIARY
Section 1. The judicial power of this Commonwealth shall be
vested in a Supreme Court, in courts of common pleas, courts of
oyer and terminer and general jail delivery, courts of quarter ses-
sions of the peace, orphans' courts, magistrates' courts, and in such
other courts as the General Assembly may from time to time
establish.
Sec. 2. The Supreme Court shall consist of seven judges, who shall
be elected by the qualified electors of the State at large. They shall
hold their offices for the term of twenty-one years, if they so long
behave themselves well, but shall not be again eligible. The judges
whose commission shall first expire shall be chief justice, and there-
after each judge whose commission shall first expire shall in turn be
chief justice.
Sec. 3. The jurisdiction of the Supreme Court shall extend over
the State, and the judges thereof shall, by virtue of their offices, be
justices of oyer and terminer and general jail delivery in the several
counties; they shall have original jurisdiction in cases of injunction
where a corporation is a party defendant, of habeas corpus, of man-
damus to courts of inferior jurisdiction, and of quo warranto as to
all officers of the Commonwealth whose jurisdiction extends over the
State, but shall not exercise any other original jurisdiction; they shall
have appellate jurisdiction by appeal, certiorari or writ of error in
all cases, as is now or may hereafter be provided by law.
Sec. 4. Until otherwise directed by law, the courts of common pleas
shall continue as at present established, except as herein changed;
not more than four counties shall, at any time, be included in one
judicial district organized for said courts.
Sec. 5. Whenever a county shall contain forty thousand inhabitants
it shall constitute a separate judicial district, and shall elect one judge
learned in the law; and the General Assembly shall provide for
additional judges, as the business of the said districts may require.
Counties contaming a population less than is sufficient to constitute
separate districts shall be formed into convenient single districts, or
if necessary, may be attached to contiguous districts as the General
Assembly may provide. The office of associate judge, not learned in
3134 Pennsylvania— 1873
the law, is abolished in counties forming separate districts; but the
several associate judges in office when this Constitution shall be
adopted shall serve for their unexpired terms.
Sec. 6. In the counties of Philadelphia and Allegheny all the juris-
diction and powers now vested in the district courts and courts of
common pleas, subject to such changes as may be made by this Consti-
tution or by law, shall be in Philadelphia vested in four, and in Alle-
gheny in two, distinct and separate courts of equal and co-ordinate
jurisdiction, composed of three judges each; the said courts in Phila-
delphia shall be designated respectively as the court of common pleas
number one, number two, number three and number four, and in
Allegheny as the court of common pleas number one and number two,
but the number of said courts may be by law increased, from time to
time, and shall be in like manner designated by successive numbers;
the number of judges in any of said courts, or in any county where
the establishment of an additional court may be authorized by law,
may be increased from time to time, and whenever such increase shall
amount in the whole to three, such three judges shall compose a dis-
tinct and separate court as aforesaid, w^hich shall be numbered as
aforesaid. In Philadelphia all suits shall be instituted in the said
courts of common pleas without designating the number of said
court, and the several courts shall distribute and apportion the busi-
ness among them in such manner as shall be provided by rules of
court, and each court, to which any suit shall be thus assigned, shall
have exclusive jurisdiction thereof, subject to change of venue, as
shall be provided by law. In Allegheny each court shall have ex-
clusive jurisdiction of all proceedings at law and in equity, com-
menced therein, subject to change of venue as may be provided by
law.
Sec. 7. For Philadelphia there shall be one prothonotary's office,
and one prothoriotary for all said courts to be appointed by the judges
of said courts, and to hold office for three years, subject to removal
by a majority of the said judges; the said prothonotary shall appoint
such assistants as may be necessary and authorized by said courts;
and he and his assistants shall receive fixed salaries, to be determined
by law and paid by said county; all fees collected in said office,
except such as may be hj law due to the Commonwealth, shall be
paid by the prothonotary into the county treasury. Each court shall
have its separate dockets, except the judgment docket which shall
contain the judgments and liens of all the said courts, as is or may be
directed by law.
Sec. 8. The said courts in the counties of Philadelphia and Alle-
gheny, respectively, shall, from time to time, in turn detail one or
more of their judges to hold the courts of oyer and terminer and the
courts of quarter sessions of the peace of said counties, in such manner
as may be directed by law.
Sec. 9. Judges of the courts of common pleas learned in the law
shall be judges of the courts of oyer and terminer, quarter sessions of
the peace and general jail delivery, and of the orphans' court, and
within their respective districts shall be justices of the peace as to
criminal matters.
Sec. 10. The judges of the courts of common pleas, within their
respective counties, shall have power to issue writs of certiorari
Pennsylvania— 1873 3135
to justices of the peace and other inferior courts not of record, and to
cause their proceedings to be brought before them, and right and
justice to be done.
Sec. 11. Except as otherwise provided in this Constitution, justices
of the peace or aldermen shall be elected in the several wards, dis-
tricts, boroughs and townships at the time of the election of consta-
bles by the qualified electors thereof, in such manner as shall be di-
rected by law, and shall be commissioned by the Governor for a term
of five years. No township, ward, district or borough shall elect
more than two justices of the peace or aldermen without the consent
of a majority of the qualified electors within such township, ward
or borough; no person shall be elected to such office unless he shall
have resided within the township, borough, ward or district for one
year next preceding his election. In cities containing over fifty thou-
sand inhabitants, not more than one alderman shall be elected in
each ward or district.
Seg. 12. In Philadelphia there shall be established, for each thirty
thousand inhabitants, one court, not of record, of police and civil
causes, with jurisdiction not exceeding one hundred dollars; such
courts shall be held b}^ magistrates whose term of office shall be five
years, and they shall be elected on general ticket by the qualified
voters at large ; and in the election of the said magistrates no voter
shall vote for more than two-thirds of the number of persons to be
elected when more than one are to be chosen ; they shall be compen-
sated only by fixed salaries, to be paid by said county; and shall
exercise such jurisdiction, civil and criminal, except as herein pro-
vided, as is now exercised by aldermen, subject to such changes, not
involving an increase of civil jurisdiction or conferring political
duties, as may be made by law. In Philadelphia the office of alder-
man is abolished.
Sec. 13. All fees, fines and penalties in said courts shall be paid
into the county treasury.
Sec. 14. In all cases of summary conviction in this Commonwealth,
or of judgment in suit for a penalty before a magistrate, or court not
of record, either party may appeal to such court of record as may be
prescribed by law, upon allowance of the appellate court or judge
thereof upon cause shown.
Sec. 15. All judges required to be learned in the law, except the
judges of the Supreme Court, shall be elected by the qualified electors
of the respective districts over which they are to preside, and shall
hold their offices for the period of ten years, if they shall so long
behave themselves well; but for any reasonable cause, which shall
not be sufficient ground for impeachment, the Governor may remove
any of them on the address of two-thirds of each House of the Gen-
eral Assembly.
Sec. 16. Whenever two judges of the Supreme Court are to be
chosen for the same term of service each voter shall vote for one
only, and when three are to be chosen he shall vote for no more than
two; candidates highest in vote shall be declared elected.
Sec. 17. Should any two or more judges of the Supreme Court, or
any two or more judges of the court of common pleas for the same
district, be elected at the same time, they shall, as soon after the
election as convenient, cast lots for priority of commission, and certify
3 1 36 Pennsylvania— 1 873
the result to the Governox', who shall issue their commissions in ac-
cordance therewith.
Sec. 18. The judges of the Supreme Court and the judges of the
several courts of common pleas, and all other judges required to be
learned in the law, shall at stated times receive for their services an
adequate compensation, which shall be fixed by law, and paid by the
State. They shall receive no other compensation, fees or perquisites
of office for their services from any source, nor hold any other office
of profit under the United States, this State or any other State.
Sec. 19. The judges of the Supreme Court, during their contin-
uance in office, shall reside within this Commonwealth ; and the other
judges, during their continuance in office, shall reside within the dis-
tricts for which they shall be respectively elected.
Sec. 20. The several courts of common pleas, besides the powers
herein conferred, shall have and exercise within their respective dis-
tricts, subject to such changes as may be made by law, such chan-
cery powers as are now vested by law in the several courts of common
pleas of this Commonwealth, or as may hereafter be conferred upon
them by law.
Sec. 21. No duties shall be imposed by law upon the Supreme Court
or any of the judges thereof, except such as are judicial, nor shall
any of the judges thereof exercise any power of appointment except
as herein provided. The court of nisi prius is hereby abolished,
and no court of original jurisdiction to be presided over by any one
or more of the judges of the Supreme Court shall be established.
Sec. 22. In every county wherein the population shall exceed one
hundred and fifty thousand, the General Assembly shall, and in any
other county may, establish a separate orphans' court, to consist of
one or more judges who shall be learned in the law, which court shall
exercise all the jurisdiction and powers now vested in or which may
hereafter be conferred upon the orphans' courts, and thereupon
the jurisdiction of the judges of the court of common pleas within
such county, in orphans' court proceedings, shall cease and determine.
In any county in which a separate orphans' court shall be established,
the register of wills shall be clerk of such court and subject to its
directions, in all matters pertaining to his office; he may appoint
assistant clerks, but only with the consent and approval of said
court. All accounts filed with him as register or as clerk of the
said separate orphans' court shall be audited by the court without
expense to parties, except where all parties in interest in a pending
proceeding shall nominate an auditor whom the court may, in its
discretion, appoint. In every county orphans' courts shall possess
all the powers and jurisdiction of a registers' court, and separate
registers' courts are hereby abolished.
Sec. 23. The style of all process shall be " The Commonwealth of
Pennsylvania." All prosecutions shall be carried on in the name
and by the authority of the Commonwealth of Pennsylvania, and
conclude " against the peace and dignity of the same."
Sec. 24. In all cases of felonious homicide, and in such other crim-
inal cases as may be provided for by law, the accused after conviction
and sentence, may remove the indictment, record and all proceedings
to the- Supreme Court for review.
Pennsylvania— 1878 3137
Sec. 25. Any vacancy happening by death, resignation or other-
wise, in any court of record, shall be filled by appointment by the
Governor, to continue till the first Monday of January next succeed-
ing the first general election, which shall occur three or more months
after the happening of such vacancy.
Sec. 26. All laws relating to courts shall be general and of uniform
operation, and the organization, jurisdiction and powders of all courts
of the same class or grade, so far as regulated by law, and the force
and effect of the process and judgments of such courts, shall be uni-
form; and the General Assembly is hereby prohibited from creating
other courts to exercise the powers vested by this Constitution in the
judges of the courts of common pleas and orphans' courts.
Sec. 27. The parties, by agreement filed, may in any civil case dis-
pense with trial by jury, and submit the decision of such case to the
court having jurisdiction thereof, and such court shall hear and de-
termine the same; and the judgment thereon shall be subject to writ
of error as in other cases.
Article VI
IMPEACHMENT AND REMOVAL FROM OFFICE
Section 1. The House of Representatives shall have the sgle power
of impeachment.
Sec. 2. All impeachments shall be tried by the Senate; w^hen sit-
ting for that purpose the Senators shall be upon oath or affirmation ;
no person shall be convicted without the concurrence of two-thirds
of the members present.
Sec. 3. The Governor and all other 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 dis-
qualification to hold any office of trust or profit under this Common-
wealth; the person accused, whether convicted or acquitted, shall
nevertheless be liable to indictment, trial, judgment and punishment
according to law.
Sec. 4. All officers shall hold their offices on the condition that they
behave themselves well while in office, and shall be removed on con-
viction of misbehavior in office or of any infamous crime. Appointed
officers, other than judges of the courts of record and the Superin-
tendent of Public Instruction, may be removed at the pleasure of the
power by which they shall have been appointed. All officers elected
by the people, except Governor, Lieutenant Governor, members of
the General Assembly and judges of the courts of record learned in
the law, shall be removed by the Governor for reasonable cause, after
due notice and full hearing, on the address of two-thirds of the
Senate.
Article VII
OATH OF office
Section 1. Senators and Representatives and all judicial State and
county officers shall, before entering on the duties of their respective
offices, take and subscribe the following oath or affirmation : " I do
3138 Pennsylvania— 1873
solemnly swear (or affirm) that I will support, ohej and defend the
Constitution of the United States, and the Constitution of this Com-
monwealth, and that I will discharge the duties of my office with
fidelity; that I have not paid or contributed, or promised to pay or
contribute, either directly or indirectly, any money or other valuable
thing, to procure my nomination or election (or appointment), ex-
cept for necessary and proper expenses expressly authorized by law ;
that I have not knowingly violated any election law of this Common-
wealth, or procured it to be done by others in my behalf ; that I will
not knowingly receive, directly or indirectly, any money or other
valuable thing for the performance or non-performance of any act
or duty pertaining to my office, other than the compensation allowed
by law."
The foregoing oath shall be administered by some person author-
ized to administer oaths, and in the case of State officers and judges
of the Supreme Court, shall be filed in the office of the Secretary of
the Commonwealth, and in the case of other judicial and county
officers, in the office of the prothonotary of the county in which the
same is taken; any person refusing to take said oath or affirmation
shall forfeit his office; and any person who shall be convicted of hav-
ing sworn or affirmed falsely, or of having violated said oath or
affirmation, shall be guilty of perjury, and be forever disqaulified
from holding any office of trust or profit within this Commonwealth,
The oath to the members of the Senate and House of Representa-
tives shall be administered by one of the judges of the Supreme
Court or of a court of common pleas learned in the law, in the hall
of the House to which the members shall be elected.
Article VIII
SUFFRAGE AN ELECTIONS
« Section 1. Every male citizen of twenty-one years of age, pos-
sessing the following qualifications, shall be entitled to vote at all
elections, subject however to such laws requiring and regulating the
registration of electors as the General Assembly may enact:
1. He shall have been a citizen of the United States at least one
month.
2. He shall have resided in the State one year (or, having pre-
viously been a qualified elector or native born citizen of the State,
he shall have removed therefrom and' returned, then six months,)
immediately preceding the election.
3. He shall have resided in the election district where he shall
offer to vote at least two months immediately preceding the election.
4. If twenty-two years of age and upwards, he shall have paid
within two years a State or county tax, which shall have been
assessed at least two months and paid at least one month before the
election.
Sec. 2. The general election shall be held annually on the Tues-
day next following the first Monday of November, but the General
Assembly may by law fix a different day, two-thirds of all the mem-
bers of each House consenting thereto.
o As amended November 5, 1901. For original section see page — .
Pennsylvania— 1873 3139
Sec. 3. All elections for city, ward, borough and township officers,
for regular terms of service, shall be held on the third Tuesday of
February.
" Sec. 4. All elections by the citizens shall be by ballot or by such
other method as may be prescribed by law: Provided, That secrecy
in voting be preserved.
Sec. 5. Electors shall in all cases except treason, felony and breach
of surety of the peace, be privileged from arrest during their attend-
ance on elections, and in going to and returning therefrom.
Sec. 6. Whenever any of the qualified electors of this Common-
wealth shall be in actual military service, under a requisition from
the President of the United States, or by the authority of this Com-
monwealth, such electors may exercise the right of suffrage in all
elections by the citizens, under such regulations as are or shall be
prescribed by law, as fully as if they were present at their usual
places of election.
«Sec.7. All laws regulating the holding of elections by the citi-
zens or for the registration of electors shall be uniform throughout
the- State, but laws regulating and requiring the registration of
electors may be enacted to apply to cities only, provided that such
laws be uniform for cities of the same class.
Sec. 8. Any person, who shall give, or promise or offer to give, to
an elector, any money, reward or other valuable consideration for
his vote at an election, or for withholding the same, or who shall
give or promise to give such consideration to any other person or
party for such elector's vote or for the withholding thereof, and any
elector who shall receive or agree to receive, for himself or for
another, any money, reward or other valuable consideration for his
vote at an election, or for withholding the same, shall thereby forfeit
the right to vote at such election, and any elector whose right to vote
shall be challenged for such cause before the election officers, shall
be required to swear or affirm that the matter of the challenge is
untrue before his vote shall be received.
Sec. 9. Any person who shall, while a candidate for office, be
guilty of bribery, fraud, or wilful violation of any election law, shall
be forever disqualified from holding an office of trust or profit in this
Commonwealth : and any person convicted of wilful violation of the
election laws shall, in addition to any penalties provided by law, be
deprived of the right of suffrage absolutely for a term of four years.
Sec. 10. In trials of contested elections and in proceedings for the
investigation of elections, no person shall be permitted to withhold
his testimony upon the ground that it may criminate himself or
subject him to public infamy ; but such testimony shall not afterwards
be used against him in any judicial proceeding except for perjury in
giving such testimony.
Sec. 11. Townships and wards of cities or boroughs, shall form or
be divided into election districts of compact and contiguous territory,
in such manner as the court of quarter sessions of the city or county
in which the same are located may direct; but districts in cities of
over one hundred thousand inhabitants shall be divided by the courts
of quarter sessions, having jurisdiction therein, whenever at the next
preceding election more than two hundred and fifty votes shall have
« As amended November 5, 1901. For original section see page — .
7254— VOL 5—09 39
3140 Pennsylvania— 1878
been polled therein; and other election districts whenever the court
of the proper county shall be of opinion that the convenience of the
electors and the public interests will be promoted thereby.
Sec. 12. All elections by person in a representative capacity shall
be viva voce.
Sec. 13. For the purpose of voting no person shall be deemed to
have gained a residence by reason of his presence, or lost it by reason
of his absence, while employed in the service, either civil or military,
of this State or of the United States, nor while engaged in the navi-
gation of the waters of the State or of the United States, or on the
high seas, nor while a student of any institution of learning, nor
while kept in any poor house or other asylum at public expense, nor
while confined in public prison.
Sec. 14. District election boards shall consist of a judge and two
inspectors, who shall be chosen annually by the citizens. Each elector
shall have the right to vote for the judge and one inspector, and each
inspector shall appoint one clerk. The first election board for any
new district shall be selected, and vacancies in election boards filled,
as shall be provided by law. Election officers shall be privileged from
arrest upon days of election, and while engaged in making up and
transmitting returns, except upon warrant of a court of record or
judge thereof, for an election fraud, for felony, or for wanton breach
of the peace. In cities they may claim exemption from jury duty
during their terms of service.
Sec. 15. No person shall be qualified to serve as an election officer
who shall hold, or shall within two months have held any office,
appointment or employment in or under the government of the
United States, or of this State, or of any city, or county, or of any
municipal board, commission or trust in any city, save only justices
of the peace and aldermen, notaries public and persons in the
militia service of the State; nor shall any election officer be eligible
to any civil office to be filled at an election at which he shall serve,
save only to such subordinate municipal or local offices, below the
grade of city or county offices, as shall be designated by general law.
Sec. 16. The courts of common pleas of the several counties of the
Commonwealth shall have power, within their respective jurisdic-
tions, to appoint overseers of election to supervise the proceedings
of election officers and to make report to the court as may be required ;
such appointments to be made for any district in a city or county
upon petition of five citizens, lawful voters of such election district,
setting forth that such appointment is a reasonable precaution to
secure the purity and fairness of elections ; overseers shall be two in
number for an election district, shall be residents therein, and shall
be persons qualified to serve upon election boards, and in each case
members of different political parties; whenever the members of an
election board shall differ in opinion the overseers, if they shall be
agreed thereon, shall decide the question of difference ; in appointing
overseers of election all the law judges of the proper court, able to
act at the time, shall concur in the appointments made.
Sec. it. The trial and determination of contested elections of elec-
tors of President and Vice President, members of the General As-
sembly, and of all public officers, whether State, judicial, municipal
Pennsylvania— 1873 3141
or local, shall be by the courts of law, or by one or more of the law
judges thereof; the General Assembly shall, by general law, desig-
nate the courts and judges by whom the several classes of election
contests shall be tried, and regulate the manner of trial and all mat-
ters incident thereto; but no such law assigning jurisdiction, or
regulating its exercise, shall apply to any contest arising out of an
election held before Its passage.
Article IX
TAXATION AND FINANCE
Section 1. All taxes shall be uniform, upon the same class of sub-
jects, within the territorial limits of the authority levying the tax, and
shall be levied and collected under general law^s; but the General
Assembly may, by general laws, exempt from taxation public prop-
erty used for public purposes, actual places of religious worship,
places of burial not used or held for private or corporate profit, and
institutions of purely public charity.
Sec. 2. All laws exempting property from taxation, other than the
property above enumerated, shall be void.
Sec. 3. The power to tax corporations and corporate property shall
not be surrendered or suspended by any contract or grant to which
the State shall be a party.
Sec. 4. No debt shall be created by or on behalf of the State,' except
to supply casual deficiencies of revenue, repel invasions, suppress
insurrection, defend the State in war, or to pay existing debt; and
the debt created to supply deficiencies in revenue shall never exceed,
in the aggregate at any one time, one million of dollars.
Sec. 5. All law^s authorizing the borrowing of money by and on
behalf of the State, shall specify the purpose for which the money
is to be used, and the money so borrowed shall be used for the purpose
specified and no other.
Sec. G. The credit of the Commonwealth shall not be pledged or
loaned to any individual, company, corporation or association, nor
shall the Commonwealth become a joint owner or stockholder in any
company, association or corporation.
Sec. 7. The General Assembly shall not authorize any county, city,
borough, township or incorporated district to become a stockholder
in any company, association or corporation, or to obtain or appro-
priate money for, or to loan its credit to, any corporation, association,
institution or individual.
Sec. 8. The debt of any county, city, borough, township, school
district or other municipality or incorporated district, except as
herein provided, shall never exceed seven per centum upon the as-
sessed value of the taxable property therein, nor shall any such
municipality or district incur any new debt, or increase its indebted-
ness to an amount exceeding two per centum upon such assessed valu-
ation of property, without the assent of the electors thereof at a
public election in such manner as shall be provided by law ; but any
city, the debt of which now exceeds seven per centum of such assessed
3142 Pennsylvania— 1873
valuation, may be authorized by law to increase the same three per
centum, in the aggregate at any one time, upon such valuation.
Sec. 9. The Commonwealth shall not assume the debt, or any part
thereof, of any city, county, borough or township, unless such debt
shall have been contracted to enable the State to repel invasion, sup-
press domestic insurrection, defend itself in time of Avar, or to assist
the State in the discharge of any portion of its present indebtedness.
Sec. 10. Any county, township, school district or other municipal-
ity incurring any indebtedness shall, at or before the time of so doing,
provide for the collection of an annual tax sufficient to pay the inter-
est and also the principal thereof within thirty years.
Sec. 11. To provide for the payment of the present State debt,
and any additional debt contracted as aforesaid, the General Assem-
bly shall continue and maintain the sinking fund, sufficient to pay
the accruing interest on such debt, and annually to reduce the princi-
pal thereof by a sum not less than two hundred and fifty thousand
dollars ; the said sinking fund shall -consist of the proceeds of the
sales of the public works or any part thereof, and of the income or
proceeds of the sale of any stocks owned by the Commonwealth, to-
gether with other funds and resources that may be designated by
law, and shall be increased from time to time by assigning to it any
part of the taxes or other revenues of the State not required for the
ordinary and current expenses of government; and unless in case of
war, invasion or insurrection, no part of the said sinking fund shall
be used or applied otherwise than m the extinguishment of the public
debt.
Sec. 12. The monej^^s of the State, over and above the necessary
reserve, shall be used in the payment of the debt of the State, either
directly or through the sinking fund, and the moneys of the sinking
fund shall never be invested in or loaned upon the security of any-
thing, except the bonds of the United States or of this State.
Sec. 13. The moneys held as necessary reserve shall be limited by
law to the amount required for current expenses, and shall be secured
and kept as may be provided by law. Monthly statements shall be
published showing the amount of such moneys, where the same are
deposited, and how secured.
Sec. 14. The making profit out of the public moneys or using the
same for any purpose not authorized b}'' law by any officer of the
State, or member or officer of the General Assembly, shall be a mis-
demeanor and shall be punished as may be provided by laAv, but part
of such punishment shall be disqualification to hold office for a period
of not less than five years.
Article X
education
Section 1. The General Assembly shall provide for the maintenance
and support of a thorough and efficient system of j^ublic schools,
wherein all the children of this Commonwealth above the age of six
years may be educated, and shall appropriate at least one million
dollars each year for that purpose.
Sec 2. No money raised for the support of the public schools of
the Commonwealth shall be appropriated to or used for the support
of any sectarian school.
Pennsylvania— 187S 3143
Sec. 3. Women twenty-one years of age and upwards, shall be
eligible to any office of control or management under the school laws
of this State."
Article XI
MILITIA
Section 1. The freemen of this Commonwealth shall be armed,
organized and disciplined for its defense when and in such manner
as may be directed by law. The General Assembly shall provide for
maintaining the militia by appropriations from the Treasury of the
Commonwealth, and may exempt from military service persons hav-
ing conscientious scruples against bearing arms.
Article XII
public officers
Section 1. All officers whose selection is not provided for in this
Constitution, shall be elected or appointed as may be directed by law.
Sec. 2. No member of Congress from this State, nor any person
holding or exercising any office or appointment of trust or profit
under the United States, shall at the same time hold or exercise any
office in this State to which a salary, fees or perquisities shall be at-
tached. Th^ General Assembly may by law declare what offices are
incompatible.
Sec. 3. Any person who shall fight a duel or send a challenge for
that purpose, or be aider or abettor in fighting a duel, shall be de-
prived of the right of holding any office of honor or profit in this
State, and may be otherwise punished as shall be prescribed by law.
Article XIII
NEW counties
Section 1. Xo new county shall be established which shall reduce
any county to less than four hundred square miles, or to less than
twenty thousand inhabitants; nor shall any county be formed of less
area, or containing a less population ; nor shall any line thereof pass
within ten miles of the county seat of any county proposed to be
divided.
Article XIV
COUNTY OFFICERS
Section 1. County officers shall consist of sheriffs, coroners, pro-
thonotaries, registers of wills, recorders of deeds, commissioners,
treasurers, surveyors, auditors or controllers, clerks of the courts, dis-
trict attorneys and such others as may from time to time be estab-
lished by law; and no sheriff or treasurer shall be eligible for the
term next succeeding the one for which he may be elected.
Sec. 2. County officers shall be elected at the general elections and
shall hold their offices for the term of three years, beginning on the
3144 Pennsylvania — 1873
first Monday of January next after their election, and until their suc-
cessors shall be duly qualified; all vacancies not otherwise provided
for shall be filled in such manner as may be provided by law.
Sec. 3. No person shall be appointed to any office within any
county who shall not have been a citizen and an 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, then
within the limits of the county or counties out of which it shall have
been taken.
Sec. 4. Prothonotaries, clerks of the courts, recorders of deeds,
registers of wills, county surveyors and sheriffs, shall keep their
offices in the county town of the county in which they respectively
shall be officers.
Sec. 5. The compensation of county officers shall be regulated by
law, and all county officers who are or may be salaried shall pay all
fees which they may be authorized to receive, into the treasury of the
county or State, as may be directed by law. In counties containing
over one hundred and fifty thousand inhabitants all county officers
shall be paid by salary, and the salary of any such officer and his
clerks, heretofore paid by fees, shall not exceed the aggregate amount
of fees earned during his term and collected by or for him.
Sec. 6. The General Assembly shall provide by law for the strict
accountability of all county, township and borough officers, as well
for the fees which may be collected by them as for all public or
municipal moneys which may be paid to them.
Sec. 7. Three county commissioners and three county auditors shall
be elected in each county where such officers are chosen, in the year
one thousand eight hundred and seventy-five and every third year
thereafter; and in the election of said officers, each qualified elector
shall vote for no more than two persons, and the three person having
the highest number of votes shall be elected; any casual vacancy in
the office of county commissioner or county auditor shall be filled
by the court of common pleas of the county in which such vacancy
shall occur, by the appointment of an elector of the proper county
who shall have voted for the commissioner or auditor whose place is
to be filled.
Article XV
CITIES AND CITY CHARTERS
Section 1. Cities may be chartered whenever a majority of the
electors of any town or borough having a population of at least ten
thousand shall vote at any general election in favor of the same.
Sec. 2. No debt shall be contracted or liability incurred by any
municipal commission, except in pursuance of an appropriation
previously made therefor by the municipal government.
Sec. eS. Every city shall create a sinking fund, which shall be in-
violably pledged for the payment of its funded debt.
Article XVI
PRIVATE CORPORATIONS
Section 1. All existing charters, or grants of special or exclusive
privileges, under which a bona fide organization shall not have taken
Pennsylvania — 1873 3145
place and business been commenced in good faith, at the time of the
adoption of this Constitution shall thereafter have no validity.
Sec. 2. The General Assembly shall not remit the forfeiture of the
charter of any corporation now existing, or alter or amend the same,
or pass any other general or special law for the benefit of such cor-
poration except upon the condition that such corporation shall there-
after hold its charter subject to the provisions of this Constitution.
Sec. 3. The exercise of the right of eminent domain shall never
be abridged or so construed as to prevent the General Assembly from
taking the property and franchises of incorporated companies, and
subjecting them to public use, the same as the property of individu-
als; and the exercise of the police power of the State shall never be
abridged or so construed as to permit corporations to conduct their
business in such manner as to infringe the equal rights of individuals
or the general well being of the State.
Sec. 4. In all elections for directors or managers of a corporation
each member or shareholder may cast the whole number of his votes
for one candidate, or distribute them upon two or more candidates,
as he may prefer.
Sec. 5. No foreign corporation shall do any business in this State
without having one or more known places of business and an author-
ized agent or agents in the same upon whom process may be served.
Sec. 6. No corporation shall engage in any business other than that
expressly authorized in its charter, nor shall it take or hold any real
estate except such as may be necessary and proper for its legitimate
business.
Sec. 7. No corporation shall issue stocks or bonds except for money,
labor done, or money or property actually received ; and all fictitious
increase of stock or indebtedness shall be void. The stock and in-
debtedness of corporations shall not be increased except in pursuance
of general law, nor without the consent of the persons holding the
larger amount in value of the stock, first obtained at a meeting to be
held after sixty days' notice given in pursuance of law.
Sec. 8. Municipal and other corporations and individuals invested
with the privilege of taking private property for public use shall
make just compensation for property taken, injured or destroyed
by the construction or enlargement of their works, highways or
improvements, which compensation shall be paid or secured before
such taking, injury or destruction. The General Assembly is hereby
prohibited from depriving any person of an appeal from any prelimi-
nary assessment of damages against any such corporations or indi-
viduals made by viewers or otherwise; and the amount of such
damages in all cases of appeal shall on the demand of either party be
determined by a jury according to the course of the common law.
Sec. 9. Every banking law shall provide for the registry and
countersigning, by an officer of the State, of all notes or bills designed
for circulation, and that ample security to the full amount thereof
shall be deposited with the Auditor General for the redemption of
such notes or bills.
Sec. 10. The General Assembly shall have the power to alter, re-
voke or annul any charter of incorporation now existing and revok-
able at the adoption of this Constitution, or any that may hereafter
be created, whenever in their opinion it may be injurious to the citi-
zens of this Commonwealth, in such manner, however, that no in jus-
3146 Pennsylvania— 1873
lice shall be done to the corporators. No law hereafter enacted shall
create, renew or extend the charter of more than one corporation.
Sec. 11. No corporate .body to possess banking and discounting
privileges shall be created or organized in pursuance of any law
without three months' previous public notice, at the place of the
intended location, of the intention to apply for such privileges, in
such manner as shall be prescribed by law, nor shall a charter for
such privilege be granted for a longer period than twenty years.
Sec. 12. Any association or corporation organized for the purpose,
or any individual, shall have the right to construct and maintain lines
of telegraph within this State, and to connect the same with other
lines, and the General Assembly shall, by general law of uniform
operation, provide reasonable regulations to give full effect to this
section. No telegraph company shall consolidate with, or hold a
controlling interest in the stock or bonds of any other telegraph com-
pany owning a competing line, or acquire, by purchase or otherwise,
any other competing line of telegraph.
Sec. 13. The term "corporations," as used in this article, shall be
construed to include all joint-stock companies or associations having
any of the powers or privileges of corporations not possessed by in-
dividuals or partnerships.
Article XVII
RAILROADS AND CANALS
Section 1. All railroads and canals shall be public highways, and
all railroads and canal companies shall be common carriers. Any
association or corporation organized for the purpose shall have the
right to construct and operate a railroad between any points within
this State, and to connect at the State line with railroads of other
States. Every railroad company shall have the right Avith its road
to intersect, connect with or cross any other railroad; and shall
receive and transport each other's passengers, tonnage and cars
loaded or empty, without delay or discrimination.
Sec. 2. Every railroad and canal corporation, organized in this
State shall maintain an office therein where transfers of its stock shall
be made, and where its books shall be kept for inspection by any
stockholder or creditor of such corporation, in w^hich shall be recorded
the amount of capital stock subscribed or paid in, and by whom, the
names of the owners of its stock and the amounts owned by them,
respectively, the transfers of said stock, and the names and places of
residence of its officers.
Sec. 3. All individuals, associations and corporations shall have an
equal right to have persons and property transported over railroads
and canals, and no undue or unreasonable discrimination shall be
made in charges, for, or in facilities for, transportation of freight
or passengers within the State or coming from or going to any other
State. Persons and property transported over any rail road shall be
delivered at any station at charges not exceeding the charges for
transportation of persons and property of the same class in the same
direction to any more distant station; but excursion and commuta-
tion tickets may be issued at special rates.
Pennsylvania— 1873 3147
Sec. 4. No railroad, canal or other corporation, or the lessees, pur-
chasers or managers of any railroad or canal corporation, shall con-
solidate the stock, property or franchises of such corporation with, or
lease, or purchase the works or franchises of, or in any way control
any other railroad or canal corporation owning or having under its
control a parallel or competing line ; nor shall any officer of such rail-
road or canal corj)oration act as an officer of any other railroad or
canal corporation owning or having the control of a parallel or com-
peting line ; and the question w^hether railroads or canals are parallel
or competing lines shall, when demanded by the party complainant,
be decided by a jury as in other civil issues.
Sec. 5. Xo incorporated company doing the business of a common
carrier shall, directly or indirectly, prosecute or engage in mining or
manufacturing articles for transportation over its works; nor shall
such company, directly or indirectly, engage in any other business
than that of common carriers, or hold or acquire lands, freehold or
leasehold, directly or indirectly, except such as shall be necessary for
carrying on its business; but any mining or manufacturing company
may carry the products of its mines and manufactories on its railroad
or canal not exceeding fifty miles in length.
Sec. 6. No president, director, officer, agent or employe of any rail-
road or canal company shall be interested, directly or indirectly, in the
furnishing of material or supplies to such company, or in the business
of transportation as a common carrier of freight or passengers over
the works owned, leased, controlled or worked by such company.
Sec. 7. No discrimination in charges or facilities for transportation
shall be made between transportation companies and individuals, or
in favor of either, by abatement, drawback or otherwise, and no rail-
road or canal company, or any lessee, manager or employe thereof,
shall make any preferences in furnishing cars or motive power.
Sec. 8. No railroad, railway or other transportation company shall
grant free passes, or passes at a discount, to any person except officers
or employes of the company.
Sec. 9. No street passenger railway shall be constructed within the
limits of anj city, borough or township, without the consent of its
local authorities.
Sec. 10. No railroad, canal or other transportation company, in
existence at the time of the adoption of this article, shall have the
benefit of any future legislation by general or special laws, except on
condition of complete acceptance of all the provisions of this article.
Sec. 11. The existing powers and duties of the Auditor General in
regard to railroads, canals and other transportation companies, ex-
cept as to their accounts, are hereby transferred to the Secretary of
Internal Affairs, wdio shall have a general supervision over them,
subject to such regulations and alterations as shall be provided by
law ; and, in addition to the annual reports now required to be made,
said Secretary may require special reports at any time upon any sub-
ject relating to the business of said companies from any officer or
officers thereof.
Sec. 12. The General Assembly shall enforce by appropriate legis-
lation the provisions of this article.
3148 Pennsylvania— 1873
Article XVIII
FUTURE AMENDMENTS
Section 1. Any amendment or amendments to this Constitution
may be proposed in the Senate or House of Representatives; and, if
the same shall be agreed to by a majority of the members elected to
each House, such proposed amendment or amendments shall be en-
tered on their journals Avith the yeas and nays taken thereon, and
the Secretary of the Commonwealth shall cause the same to be pub-
lished three months before the next general election, in at least two
newspapers in every county in which such newspapers shall be pub-
lished ; and if, in the General Assembly next afterwards chosen, such
proposed amendment or amendments shall be agreed to by a majority
of the members elected to each House, the Secretary of the Common-
wealth shall cause the same again to be published in the manner
aforesaid; and such proposed amendment or amendments shall be
submitted to the qualified electors of the State in such manner, and
at such time at least three months after being so agreed to by two
Houses, as the General Assembly shall prescribe; and, if such amend-
ment or amendments shall be approved by a majority of those voting
thereon, such amendment or amendments shall become a part of the
Constitution; but no amendment or amendments shall be submitted
oftener than once in five years. AVhen two or more amendments shall
be submitted they shall be voted upon separately.
Schedule
That no inconvenience may arise from the changes in the Consti-
tution of the Commonwealth, and in order to carry the same into
complete operation, it is hereby declared, that :
Section 1. This Constitution shall take effect on the first day of
January, in the year one thousand eight hundred and seventy-four,
for all purposes not otherwise provided for therein.
Sec. 2. All laws in force in this Commonwealth at the time of
the adoption of this Constitution not inconsistent therewith, and all
rights, actions, prosecutions and contracts shall continue as if this
Constitution had not been adopted.
Sec. 3. At the general election in the years one thousand eight
hundred and seventy-four and one thousand eight hundred seventy-
five. Senators shall be elected in all districts where there shall be
vacancies. Those elected in the year one thousand eight himdred
and seventy-four shall serve for two years, and those elected in the
year one thousand eight hundred and seventy-five shall serve for one
year. Senators now elected and those whose terms are unexpired
shall represent the district in which they reside until the end of the
terms for w^hich they were elected.
Sec. 4. At the general election in the year one thousand eight
hundred and seventy-six. Senators shall be elected from even num-
bered districts to serve for two years, and from odd numbered dis-
tricts to serve for four years.
Sec. 5. The first election of Governor under this Constitutioli shall
be at the general election in the year one thousand eight hundred
and seventy-five, when a Governor shall be elected for three years;
Pennsylvania— 1873 3149
and the term of the Governor elected in the year one thousand
eight hundred and seventy-eight and of those thereafter elected shall
be for four years, according to the provisions of this Constitution.
Sec. 6. At the general election in the year one thousand eight
hundred and seventy-four, a Lieutenant Governor shall be elected
according to the provisions of this Constitution.
Sec. 7. The Secretary of Internal Affairs shall be elected at the
first general election after the adoption of this Constitution; and
when the said officer shall be duly elected and qualified, the office of
Surveyor General shall be abolished. The Surveyor General in
office at the time of the adoption of this Constitution shall continue
in office until the expiration of the term for which he was elected.
Sec. 8. When the Superintendent of Public Instruction shall be
duly qualified the office of Superintendent of Common Schools shall
cease.
Sec. 9. Nothing contained in this Constitution shall be construed
to render any person now holding any State office for a first official
term ineligible for re-election at the end of such term.
Sec. 10. The judges of the Supreme Court in office when this Con-
stitution shall take effect shall continue until their commissions sever-
ally expire. Two judges in addition to the number now composing
the said court shall be elected at the first general election after the
adoption of this Constitution.
Sec. 11. All courts of record and all existing courts which are not
specified in this Constitution shall continue in existence until the first
day of December, in the year one thousand eight hundred and seventy-
five, without abridgment of their present jurisdiction, but no longer.
The court of first criminal jurisdiction for the counties of Schuylkill,
Lebanon and Dauphin is hereby abolished, and all causes and pro-
ceedings pending therein in the county of Schuylkill shall be tried
and disposed of in the courts of oyer and terminer and quarter ses-
sions 01 the peace of said county.
Sec. 12. The register's courts now in existence shall be abolished
on the first day of January next, succeeding the adoption of this
Constitution.
Sec. 13. The General Assembly shall, at the next session after the
adoption of this Constitution, designate the several judicial districts
as required b^ this Constitution. The judges in commission when
such designation shall be made shall continue during their unexpired
terms judges of the new districts in which they reside; but, when there
shall be two judges residing in the same district, the president judge
shall elect to which district he shall be assigned, and the additional
law judge shall be assigned to the other district.
Sec 14. The General Assembly shall, at the next succeeding session
after each decennial census and not oftener, designate the several
judicial districts as required by this Constitution.
Sec. 15. Judges learned in the law of any court of record holding
commissions in force at the adoption of this Constitution shall hold
their respective offices until the expiration of the terms for which
they were commissioned, and until their successors shall be duly
qualified. The Governor shall commission the president judge of the
court of first criminal jurisdiction for the counties of Schuylkill,
Lebanon and Dauphin as a judge of the court of common pleas of
Schuylkill county, for the unexpired term of his office.
3150 Pennsylvania — 1873
Sec. 16. After the expiration of the term of any president judge of
any court of common pleas, in commission at the adoption of this
Constitution, the judge of such court learned in the law and oldest
in commission shall be the president judge thereof; and when two or
more judges are elected at the same time in any judicial district they
shall decide by lot which shall be president judge; but when a presi-
dent judge of a court shall be re-elected he shall continue to be presi-
dent judge of that court. Associate judges not learned in the law,
elected after the adoption of this Constitution, shall be commissioned
to hold their offices for the term of five years from the first day of
January next after their election.
Sec. it. The General Assembly, at the first session a;fter the adop-
tion of this Constitution, shall fix and determine the compensation
of the judges of the Supreme Court and of the judges of the several
judicial districts of the Commonwealth; and the provisions of the
fifteenth section of the article on legislation shall not be deemed in-
consistent herewith. Nothing contained in this Constitution shall be
held to reduce the compensation now paid to any law judge of this
Commonwealth now in commission.
Sec. 18. The courts of common pleas in the counties of Phila-
delphia and Allegheny shall be composed of the present judges of the
district court and court of common pleas of said counties until their
offices shall severally end, and of such other judges as may from time
to time be selected. For the purpose of first organization in Phila-
delphia the judges of the court number one shall be Judge Allison,
Pierce and Paxson ; of the court number two, Judges Hare, Mitchell
and one other judge to be elected; of the court number three. Judges
Ludlow, Finletter and Lynd; and of the court number four. Judges
Thayer, Briggs and one other judge to be elected. The judge first
named shall be the president judge of said courts respectively, and
thereafter the president judge shall be the judge oldest in commis-
sion ; but any president judge re-elected in the same court or district,
shall continue to be president judge thereof. The additional judges
for courts numbers two and four shall be voted for and elected at the
first general election after the adoption of this Constitution, in the
same manner as the two additional judges of the Supreme Court,
and they shall decide by lot to Avhich court they shall belong. Their
term of office shall commence on the first Monday of January, in the
year one thousand eight hundred and seventy-five.
Sec. 19. In the county of Allegheny, for the purpose of first organi-
zation under this Constitution, the judges of the court of common
pleas, at the time of the adoption of this Constitution, shall be the
judges of the court number one, and the judges of the district court,
at the same date, shall be the judges of the common pleas number two.
The president judges of the common pleas and district court shall be
president judge of said courts numbers one and two respectively,
until their offices shall end; and thereafter the judge oldest in com-
mission shall be president judge; but any president judge re-elected
in the same court or district, shall continue to be president judge
thereof.
Sec. 20. The organization of the courts of common pleas under this
Constitution for the counties of Philadelphia and Allegheny shall
Pennsylvania — 187S 3151
take effect on the first Monday of January, one thousand eight hun-
dred and seventy-five, and existing courts in said counties shall con-
tinue with their present powers and jurisdiction until that date, but
no new^ suits shall be instituted in the courts of nisi prius after the
adoption of this Constitution.
Sec. 21. The causes and proceedings pending in the court of nisi
prius, court of common pleas, and district court in Philadelphia shall
be tried and disposed of in the court of common pleas. The records
and dockets of said courts shall be transferred to the prothonotary's
office of said county.
Sec. 22. The causes and proceedings pending in the court of com-
mon pleas in the county of Allegheny shall be tried and disposed of in
the court number one; and the causes and proceedings pending in the
distrct court shall be tried and disposed of in the court number two.
Sec. 28. The prothonotary of the court of common pleas of Phila-
delphia shall be first appointed by the judges of said court on the
first Monday of December in the year one thousand eight hundred
and seventy-five, and the present prothonotary of the district court in
said county shall be the prothonotary of the said court of common
pleas until said date when his commission shall expire, and the pres-
ent clerk of the court of oyer and terminer and quarter sessions of the
peace in Philadelphia shall be the clerk of such court until the expira-
tion of his present commission on the first Monday of December, in
the year one thousand eight hundred and seventy-five.
Sec. 24. In cities containing over fifty thousand inhabitants ex-
cept Philadelphia, all aldermen in office at the time of the adoption of
this Constitution shall continue in office until the expiration of their
commissions, and at the election for city and ward officers in the year
one thousand eight hundred and seventy-five one alderman shall be
elected in each ward as provided in this Constitution.
Sec. 25. In Philadelphia magistrates in lieu of aldermen shall be
chosen as required in this Constitution, at the election in said city for
city and ward officers in the year one thousand eight hundred and
seventy-five; their term of office shall commence on the first Monday
of April succeeding their election. The terms of office of aldermen
in said city holding or entitled to commissions at the time of the adop-
tion of this Constitution shall not be affected thereby.
Sec. 26. All persons in office in this Commonwealth at the time of
the adoption of this Constitution, and at the first election under it,
shall hold their respective offices until the term for which they have
been elected or appointed shall expire, and until their successors shall
be duly qualified, unless otherwise provided in this Constitution.
Sec. 27. The seventh article of this Constitution prescribing an
oath of office shall take effect on and after the first day of January,
one thousand eight hundred and seventy-five.
Sec. 28. The terms of office of county commissioners and county
auditors, chosen prior to the year one thousand eight hundred and
seventy-five, which shall not have expired before the first Monday of
January, in the year one thousand eight hundred and seventy-six,
shall expire on that day.
Sec. 20. All State, county, city, ward, borough and township offi-
cers in office at the time of the adoption of this Constitution, whose
3152 Pennsylvania— 1873
compensation is not provided for by salaries alone, shall continue to
receive the compensation allowed them by law until the expiration of
their respective terms of office.
Sec. 30. All State and judicial officers heretofore elected, sworn, or
affirmed, or in office when this Constitution shall take effect, shall
severally within one month after such adoption, take and subscribe
an oath, or affirmation, to support this Constitution.
Sec. 31. The General Assembly at its first sesion, or as soon as may
be after the adoption of this Constitution, shall pass such laws as may
be necessary to carry the same into full force and effect.
Sec. 32. The ordinance passed by this Convention entitled "An
ordinance for submitting the amended Constitution of Pennsylvania
to a vote of the electors thereof," shall be held to be valid for all the
purposes thereof.
Sec. 33. The words "county commissioners," whenever used in this
Constitution and in any ordinance accompanying the same, shall be
held to include the commissioners for the city of Philadelphia."
Sections 1, 4 and T of Article VIII, as Originally Adopted
Section 1. Every male citizen twenty-one years of age possessing
the f olowing qualifications, shall be entitled to vote at all elections :
First. He shall have been a citizen of the United States at least one
month.
Second. He shall have resided in the State one year, (or if, having
previously been a qualified elector or native born citizen of the State,
he shall have removed therefrom and returned, then six months), im-
mediately preceding the election.
Third. He shall have resided in the election district where he shall
offer to vote at least two months immediately preceding the election.
Fourth. If twenty-two years of age or upwards, he shall have paid
within two years a State or county tax, which shall have been assessed
at least two months and paid at least one month before the election.
Sec. 4. All elections by the citizens shall be by ballot. Every bal-
lot shall be numbered in the order in which it shall be received, and
the number recorded by the election officers on the list of voters, op-
posite the name of the elector Avho presents the ballot. Any elector
may write his name upon his ticket or cause the same to be written
thereon and attested by a citizen of the district. The election officers
shall be sworn or affirmed not to disclose how any elector shall have
voted unless required to do so as witnesses in a judicial proceeding.
Sec. T. All laws regulating the holding of elections by the citizens,
or for the registration of electors, shall be uniform throughout the
State, but no elector shall be deprived of the privilege of voting by
reason of his name not being registered.
THE PHILIPPINE ISLANDS
TREATY WITH SPAIN— 1898
TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND THE
KINGDOM OF SPAIN
Signed at Paris, December 10, 1898. Ratification advised by the
Senate, February 6, 1899. Ratified by the President. February 6,
1899. Ratified by Her Majesty the Queen Regent of Spain, March
19, 1899. Ratifications exchanged at Washington, April 11, 1899.
Proclaimed, Washington, April 11, 1899.
The United States of America and Her Majesty the Queen Regent
of Spain, in the Name of Her August Son Don Alfonso XIII, desir-
ing to end the state of war now existing between the two countries,
have for that purpose appointed as Plenipotentiaries :
The President of the United States,
William R. Day, Cushman K. Davis, William P. Frye, George
Gray, and Whitelaw Reid, citizens of the United States ;
and Her Majesty the Queen Regent of Spain,
Don Eugenio Montero Rios, President of the Senate,
Don Buenaventura de Abarzuza, Senator of the Kingdom and
ex-Minister of the Crown,
Don Jose de Garnica, Deputy to the Cortes and Associate Justice
of the Supreme Court;
Don Wenceslao Ramirez de Villa-Urrutia, Envoy Extraordinary
bud Minister Plenipotentiary at Brussels, and
Don Rafael Cerero, General of Division ;
Who, having assembled in Paris, and having exchanged their full
powers, which were found to be in due and proper form, have, after
discussion of the matters before them, agreed upon the following
articles :
Article I
Spain relinq^uishes all claim of sovereignty over and title to Cuba. ,
And as the island is, upon its evacuation by Spain, to be occupied
by the United States, the United States will, so long as such occupa-
tion shall last, assume and discharge the obligations that may under
international law result from the fact of its occupation, for the pro-
tection of life and property.
Article II
Spain cedes to the United States the island of Porto Rico and
other islands now under Spanish sovereignty in the West Indies, and
the island of Guam in the Marianas or Ladrones.
3153
3154 The Philippine Islands— 1898
Article III
Spain cedes to the United States the archipelago known as the
Philippine Islands, and comprehending the islands lying within the
following line :
A line running from west to east along or near the twentieth paral-
lel of north latitude, and through the middle of the navigable channel
of Bachi, from the one hundred and eighteenth (118th) to the one
hundred and twenty seventh (12Tth) degree meridian of longitude
east of Greenwich, thence along the one hundred and twenty seventh
(127th) degree meridian of longitude east of GreenAvich to the parallel
of four degrees and forty five minutes (4° 45') north latitude, thence
along the parallel of four degrees and forty five minutes (4° 45')
north latitude to its intersection with the meridian of longitude one
hundred and nineteen degrees and thirty five minutes (119° 35') east
of Greenwich, thence along the meridian of longitude one hundred and
nineteen degrees and thirty five minutes (119° 35') east of Greenwich to
the parallel of latitude seven degrees and forty minutes (7° 40') north,
thence along the parallel of latitude seven degrees and forty minutes
(7° 40') north to its intersection with the one hundred and six-
teenth (116th) degree meridian of longitude east of Greenwich,
thence by a direct line to the intersection of the tenth (10th) degree
parallel of north latitude with the one hundred and eighteenth
(118th) degree meridian of longitude east of Greenwich, and thence
along the one hundred and eighteenth (118th) degree meridian of
longitude east of Greenwich to the point of beginning.
The United States will pay to Spain the sum of twenty million
dollars ($20,000,000) Avithin three months after the exchange of the
ratifications of the present treaty.
Article IV
The United States will, for the term of ten years from the date of
the exchange of the ratifications of the present treaty, admit Spanish
ships and merchandise to the ports of the Philippine Islands on the
same terms as ships and merchandise of the United States.
Article V
The United States will, upon the signature of the present treaty,
send back to Spain, at its own cost, the Spanish soldiers taken as
prisoners of war on the capture of Manila by the American forces.
The arms of the soldiers in question shall be restored to them.
Spain will, upon the exchange of the ratifications of the present
treaty, proceed to evacuate the Philippines, as well as the island of
Guam, on terms similar to those agreed upon by the Commissioners
appointed to arrange for the evacuation of Porto Rico and other
islands in the West Indies, under the Protocol of August 12, 1898,
which is to continue in force till its provisions are completely
executed.
The time within which the evacuation of the Philippine Islands
and Guam shall be completed shall be fixed by the two Governments.
Stands of colors, uncaptured war vessels, small arms, guns of all
calibres, with their carriages and accessories, powder, ammunition,
The Philippine Islands— 1898 3155
livestock, and materials and supplies of all kinds, belonging to the
land and naval forces of Spain in the Philippines and Guam, remain
the property of Spain. Pieces of heavy ordnance, exclusive of field
artillery, in the fortifications and coast defences, shall remain in their
emplacements for the term of six months, to be reckoned from the
exchange of ratifications of the treaty; and the United States may,
in the mean time, purchase such material from Spain, if a satisfactory
agreement between the two Governments on the subject shall be
reached.
Article VI
Spain will, upon the signature of the present treaty, release all
prisoners of war, and all persons detained or imprisoned for political
offences, in connection with the insurrections in Cuba and the Philip-
pines and the war with the United States.
Reciprocally, the United States will release all persons made pris-
oners of war by the American forces, and will undertake to obtain
the release of all Spanish prisoners in the hands of the insurgents in
Cuba and the Philippines.
The Government of the United States Avill at its own cost return
to Spain and the Government of Spain will at its own cost return to
the United States, Cuba, Porto-Rico, and the Philippines, according
to the situation of their respective homes, prisoners released or
caused to be released by them, respectively, under this article.
Article VII
The United States and Spain mutually relinquish all claims for
indemnity, national and individual of every kind, of either Govern-
ment, or of its citizens or subjects, against the other Government,
that may have arisen since the beginning of the late insurrection in
Cuba and prior to the exchange of ratifications of the present treaty,
including all claims for indemnity for the cost of the war.
The United States Avill adjudicate and settle the claims of its citi-
zens against Spain relinquished in this article.
Article VIII
In conformity with the provisions of Articles I, II, and III of this
treaty, Spain relinquishes in Cuba, and cedes in Porto Rico and
other islands in the West Indies, in the island of Guam, and in the
Philippine Archipelago, all the buildings, wharves, barracks, forts,
structures, public highways and other immovable property which,
in conformity with law, belong to the public domain, and as such be-
long to the Crown of Spain.
And it is hereby declared that the relinquishment or cession, as
the case may be, to which the preceding paragraph refers, cannot
in any respect impair the property or rights which by law belong
to the peaceful possession of property of all kinds, of provinces,
municipalities, public or private establishments, ecclesiastical or civic
bodies, or any other associations having legal capacity to acquire and
possess property in the aforesaid territories renounced or ceded, or
of private individuals, of whatsoever nationality such individuals
may be.
7254— VOL 5—09 40
3156 The Philippine Islands— 1898
The aforesaid relinquishment or cession, as the case may be, in-
chides all documents exclusively referring to the sovereignty relin-
quished or ceded that may exist in the archives of the Peninsula.
Where any document in such archives only in part relates to said
sovereignty, a copy of such part will be furnished whenever it shall
be requested. Like rules shall be reciprocally observed in favor of
Spain in respect of documents in the archives of the islands above
referred to.
In the aforesaid relinquishment or cession, as the case may be, are
also included such rights as the Crown of Spain and its authorities
possess in respect of the official archives and records, executive as well
as judicial, in the islands above referred to, which relate to said
islands or the rights and property of their inhabitants. Such archives
and records shall be carefully preserved, and private persons shall
without distinction have the right to require, in accordance with law,
authenticated copies of the contracts, w^ills and other instruments
forming part of notarial protocols or files, or which may be contained
in the executive or judicial archives, be the latter in Spain or in the
islands aforesaid.
Article IX
Spanish subjects, natives of the Peninsula, residing in the terri-
tory over wdiich Spain by the present treaty relinquishes or cedes her
sovereignty, may remain in such territory or may remove therefrom,
retaining in either event all their rights of property, including the
right to sell or dispose of such property or of its proceeds; and they
shall also have the right to carry on their industry, commerce and
professions, being subject in respect thereof to such laws as are appli-
cable to other foreigners. In case they remain in the territory they
may preserve their allegiance to the Crown of Spain by making,
before a court of record, Avithin a year from the date of the exchange
of ratifications of this treaty, a declaration of their decision to pre-
serve such allegiance; in default of which declaration they shall be
held to have renounced it and to have adopted the nationality of the
territory in which they may reside.
The civil rights and political status of the native inhabitants of
the territories hereby ceded to the United States shall be determined
by the Congress.
Article X
The inhabitants of the territories over which Spain relinquishes
or cedes her sovereignty shall be secured in the free exercise of their
religion.
Article XI
The Spaniards residing in the territories over w^hich Spain by this
treaty cedes or relinquishes her sovereignty shall be subject in matters
civil as well as criminal to the jurisdiction of the courts of the country
w^herein they reside, pursuant to the ordinary law^s governing the
same ;^ and they shall have the right to appear before such courts, and
to pursue the same course as citizens of the country to which the
courts belong.
The Philippine Islands— 1898 3157
Article XII
Judicial proceedings pending at the time of the exchange of rati-
fications of this treaty in the territories over which Spain relin-
quishes or cedes her sovereignty shall be determined according to
the following rules:
1. Judgments rendered either in civil suits between private indi-
viduals, or in criminal matters, before the date mentioned, and with
respect to which there is no recourse or right of review under the
Spanish law, shall be deemed to be final, and shall be executed in
due form by competent authority in the territory within Avhich such
judgments should be carried out.
2. Civil suits between private individuals which may on the date
mentioned be inidetermined shall be prosecuted to judgment before
the court in which they may then be pending or in the court that
may be substituted therefor.
3. Criminal actions pending on the date mentioned before the
Supreme Court of Spain against citizens of the territory which by
this treaty ceases to be Spanish shall continue under its jurisdiction
until final judgment; but, such judgment having been rendered, the
execution thereof shall be committed to the competent authority of
the place in which the case arose.
Article XIII
The rights of property secured by copyrights and patents acquired
by Spaniards in the Island of Cuba, and in Porto Rico, the Philip-
pines and other ceded territories, at the time of the exchange of the
ratifications of this treaty, shall continue to be respected. Spanish
scientific, literary and artistic works, not subversive of public order
in the territories in question, shall continue to be admitted free of
duty into such territories, for the period of ten years, to be reckoned
from the date of the exchange of the ratifications of this treaty.
Article XIV
Spain shall have the power to establish consular officers in the
ports and places of the territories, the sovereignty over which has
been either relinquished or ceded by the present treaty.
Article XV
The Government of each country will, for the term of ten years,
accord to the merchant vessels of the other country the same treat-
ment in respect of all port charges, including entrance and clearance
dues, light dues, and tonnage duties, as it accords to its own mer-
chant vessels, not engaged in the coastwise trade.
This article may at any time be terminated on six months' notice
given by either Government to the other.
Article XVI
It is understood that any obligations assumed in this treaty by the
United States with respect to Cuba are limited to the time of its
3158 The Philippine Islands— 1900
occupancy thereof; but it will upon the termination of such occu-
pancy, advise any Government established in the island to assume
the same obligations.
Article XVII
The present treaty shall be ratified by the President of the United
States, by and with the advice and consent of the Senate thereof,
and by Her Majesty the Queen Regent of Spain; and the ratifica-
tions shall be exchanged at Washington within six months from the
date hereof, or earlier if possible.
In faith whereof, we, the respective Plenipotentiaries, have signed
this treaty and have hereunto affixed our seals.
Done in duplicate at Paris, the tenth day of December, in the year
of Our Lord one thousand eight hundred and ninety-eight.
seal] Cushman K. Davis [seal] B. de Abarzuza
seal] William R. Day
seal] Wm P Frye
seal] Geo. Gray
seal] Whitelaw" Reid.
seal] Eugenio Montero Rios
seal] J. DE GaRNICA
seal] W R de Villa Urrutia
seal] Rafael Cerero
THE PHILIPPINE COMMISSION— 1900 «
War Department,
Washingto7i^ April 7, 1900.
Sir: I transmit to you herewith the instructions of the President
for the guidance of yourself and your associates as commissioners to
the Philippine Islands.
Very respectfully,. Elihu Root,
Secretary of War.
Hon. William H. Taft,
President Board of Commissioners to the Philippine Islands.
Executive Mansion, April 7, 1900.
Sir: In the message transmitted to the Congress on the 5th of
December, 1899, I said, speaking of the Philippine Islands : "As long
as the insurrection continues the military arm must necessarily be
supreme. But there is no reason why steps should not be taken from
time to time to inaugurate governments essentially popular in their
form as fast as territory is held and controlled by our troops. To
this end I am considering the advisability of the return of the com-
mission, or such of the members thereof as can be secured, to aid the
existing authorities and facilitate this work throughout the islands."
To give effect to the intention thus expressed. I have appointed
Hon. William H. Taft, of Ohio, Prof. Dean C. Worcester, of Mich-
igan, Hon. Luke E. Wright, of Tennessee, Hon. Henry C. Ide, of
Vermont, and Prof. Bernard Moses, of California, commissioners, to
« See House Documents, Vol, II (No. 2), Fifty-seventh Congress, first session,
p. 11.
The Philippine Islands— 1900 3159
the Philippine Islands, to continue and jDerfect the work of organiz-
ing and establishing civil government already commenced by the
military authorities, subject in all respects to any laws which Con-
gress may hereafter enact.
The commissioners named will meet and act as a board, and the
Hon. William H. Taft is designated as president of the board. It is
probable that the transfer of authority from military commanders to
civil officers will be gradual and will occupy a considerable period.
Its successful accomplishment and the maintenance of peace and order
in the meantime will require the most perfect cooperation between
the civil and military authorities in the islands, and both should be
directed during the transition period by the same executive depart-
ment. The commission will therefore report to the Secretary of War,
and all their actions will be subject to your approval and control.
You will instruct the commission to proceed to the city of Manila,
where they will make their principal office, and to communicate with
the military governor of the Philippine Islands, whom you will at
the same time direct to render to them every assistance within his
power in the performance of their duties. Without hampering them
by too specific instructions, they should in general be enjoined, after
making themselves familiar with the conditions and needs of the
country, to devote their attention in the first instance to the establish-
ment of municipal governments in w^hich the natives of the islands,
both in the cities and in the rural communities, shall be afforded the
opportunity to manage their own local affairs to the fullest extent of
w^hich they are capable, and subject to the least degree of supervision
and control which a careful study of their capacities and observa-
tion of the workings of native control show to be consistent with the
maintenance of law, order, and loyalty. The next subject in order
of importance should be the organization of government in the larger
administrative divisions, corresponding to counties, departments, or
l^rovinces, in which the common interests of many or several munici-
palities falling within the same tribal lines, or the same natural geo-
graphical limits, may best be subserved by a common administration.
Whenever the commission is of the opinion that the condition of
affairs in the islands is such that the central administration may
safely be transferred from military to civil control, they will report
that conclusion to j^ou, with their recommendations as to the form of
central government to be established for the purpose of taking over
the control.
Beginning w^ith the 1st day of September, 1900, the authority to
exercise, subject to my approval, through the Secretary of War, that
part of the power of government in the Philippine Islands which is
of a legislative nature is to be transferred from the military governor
of the islands to this commission, to be thereafter exercised by them
in the place and stead of the military governor, under such rules and
regulations as you shall prescribe, until the establishment of the civil
central government for the islands contemplated in the last foregoing
paragraph, or until Congress shall otherwise provide. Exercise of
this legislative authority will include the making of rules and orders,
having the effect of law, for the raising of revenue by taxes, customs
duties, and imposts; the appropriation and expenditure of public
funds of the islands; the establishment of an educational system
3160 The Philippine Islands— ISOO
throughout the islands; the establishment of a system to secure an
efficient civil service; the organization and establishment of courts;
the organization and establishment of municipal and departmental
governments, and all other matters of a civil nature for which the
military governor is now competent to provide by rules or orders
of a legislative character.
The commission Avill also have power, during the same period, to
appoint to office such officers under the judicial, educational, and
civil-service systems, and in the municipal and departmental govern-
ments, as shall be provided for. Until the complete transfer of con-
trol the military governor w^ill remain the chief executive head of
the government of the islands, and will exercise the executive author-
ity now possessed by him and not herein expressly assigned to the
commission, subject, however, to the rules and orders enacted by the
commission in the exercise of the legislative powers conferred upon
them. In the meantime the municipal and departmental governments
will continue to report the military governor, and be subject to his
administrative supervision and control, under your direction, but
that supervision and control will be confined within the narrowest
limits consistent with the requirements that the poAvers of govern-
ment in the municipalities and departments shall be honestly and
effectively exercised and that law and order and individual freedom
shall be maintained.
All legislative rules and orders, establishments of government, and
appointments to office by the commission will take effect immediately,
or at such times as they shall designate, subject to your approval and
action upon the coming in of the commission's reports, which are to
be made from time to time as their action is taken. Wherever civil
governments are constituted under the direction of the commission,
such military posts, garrisons, and forces will be continued for the
suppression of insurrection and brigandage and the maintenance of
law and order as the military commander shall deem requisite, and
the military forces shall be at all times subject under his orders to
the call of the civil authorities for the maintenance of law and order
and the enforcement of their authority. In the establishment of
municipal governments the commission Avill take as the basis of their
work the governments established by the military governor under
his order of August 8, 1899, and under the report of the board con-
stituted by the military governor by his order of January 29, 1900,
to formulate and report a plan of municipal government, of which
his honor Cayetano Arellano, president of the audiencia, was chair-
man, and they will give to the conclusions of that board the weight
and consideration which the high character and distinguished abil-
ities of its members justify. In the constitution of department or
provincial governments they will give especial attention to the exist-
ing government of the island of Negros, constituted w4th the approval
of the people of that island, under the order of the military governor
of July 22, 1899, and after verifying, so far as may be practicable,
the reports of the successful working of that government, they will
be guided by the experience thus acquired, so far as it may be appli-
cable to the conditions existing in other portions of the Philippines.
They will avail themselves, to the fullest degree practicable, of the
conclusions reached by the previous commission to the Philippines.
The PMUppine Islands— 1900 3161
In the distribution of powers among the governments organized
by the commission, the presumption is always to be in favor of the
smaller subdivision, so that all the powers which can properly be
exercised b}^ the municipal government shall be vested in that govern-
ment, and all the powers of a more general character which can be
exercised by the departmental government shall be vested in that
government, and so that in the governmental system which is the
result of the process the central government of the islands, following
the example of the distribution of the powers between the States and
the National Government of the United States, shall have no direct
administration except of matters of purely general concern, and shall
have only such supervision and control over local governments as may
be necessary to secure and enforce faithful and efficient administra-
tion by local officers.
The many different degrees of civilization and varieties of custom
and capacity among the people of the different islands preclude very
definite instruction as to the part which the people shall take in the
selection of their own officers, but these general rules are to be ob-
served: That in all cases the municipal officers who administer the
local affairs of the people are to be selected by the people, and that
wherever officers of more extended jurisdiction are to be selected in
any w^ay natives of the islands are to be preferred, and if they can be
found competent and willing to perform the duties they are to receive
the offices in preference to any others. It will be necessary to fill
some offices for the present with Americans, which, after a time, may
well be filled by natives of the islands. As soon as practicable a
system for ascertaining the merit and fitness of candidates for civil
offices should be put in force. An indispensable qualification for all
offices and positions of trust and authority in the islands must be abso-
lute and unconditional loyalty to the United States, and absolute and
unhampered authority and power to remove and punish any officer
deviating from that standard must at all times be retained in the
hands of the central authority of the islands.
In all the forms of government and administrative provisions which
they are authorized to prescribe, the commission should bear in mind
that the government which they are establishing is designed not for
our satisfaction or for the expression of our theoretical views, but
for the happiness, peace and prosperity of the people of the Philip-
pine Islands, and the measures adopted should be made to conform
to their customs, their habits, and even their prejudices, to the f idlest
extent consistent with the accomplishment of the indispensable requi-
sites of just and effective government. At the same time the com-
mission should bear in mind, and the people of the islands should be
made plainly to understc^nd, that there are certain great jDrinciples
of government which have been made the basis of our governmental
system, which we deem essential to the rule of law and the mainte-
nance of individual freedom, and of wliich they have, unfortunately,
been denied the experience possessed by us ; that there are also certain
practical rules of government which we have found to be essential
to the preservation of these great principles of liberty and law, and
that these principles and these rules of government must be estab-
lished and maintained in their islands for the sake of their liberty
and happiness, however much they may conflict with the customs or
3162 The Philippine Islands— 1900
laws of procedure with which they are familiar. It is evident that
the most enlightened thought of the Philippine Islands fully appre-
ciates the importance of these principles and rules, and they will
inevitably within a short time command universal assent. Upon
every division and branch of the government of the Philippines,
therefore, must be imposed these inviolable rules:
That no person shall be deprived of life, liberty, or property with-
out due process of law ; that private property shall not be taken for
public use without just compensation; that in all criminal prosecu-
tions the accused shall enjoy the right to a speedy and public trial,
to be informed of the nature and cause of the accusation, to be con-
fronted wdth the witnesses against him, to have compulsory process
for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense; that excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishment inflicted;
that no person shall be put twice in jeopardy for the same offense
or be compelled in any criminal case to be a witness against himself ;
that the right to be secure against unreasonable searches and seizures
shall not be violated ; that neither slavery nor involuntary servitude
shall exist except as a punishment for crime ; that no bill of attainder
or expost facto law shall be passed; that no law shall be passed
abridging the freedom of speech or of the press or of the rights of
the people to peaceably assemble and petition the government for a
redress of grievances; that no law shall be made respecting an
establishment of religion or prohibiting the free exercise thereof, and
that the free exercise and enjoyment of religious profession and wor-
ship without discrimination or preference shall forever be allowed.
It will be the duty of the commission to make a thorough investi-
gation into the titles of the large tracts of land held or claimed by
individuals, or by religious orders; into the justice of the claims and
complaints made against such landholders by the people of the island,
or any part of the people, and to seek by wise and peaceable measures
a just settlement of the controversies and redress of the wrongs which
have caused strife and bloodshed in the past. In the performance of
this duty the commission is enjoined to see that no injustice is done;
to have regard for substantial right and equity, disregarding tech-
nicalities so far as substantial right permits, and to observe the fol-
lowing rules : That the provision of the treaty of Paris pledging the
United States to the protection of all rights of property in the islands,
and as well the principle of our ow^n Government which prohibits the
taking of private property without due process of law, shall not be
violated; that the welfare of the people of the islands, which should
be a paramount consideration, shall be attained consistently Avith this
rule of property right; that if it becomes necessary for the public
interest of the people of the island to dispose of claims to property
which the commission finds to be not lawfully acquired and held, dis-
position shall be made thereof by due legal procedure, in which there
shall be full opportunity for fair and impartial hearing and judg-
ment; that if the same public interests require the extinguishment of
property rights lawfully acquired and held, due compensation shall
be made out of the public treasury therefor : that no form of religion
and no minister of religion shall be forced upon any community or
upon any citizen of the island ; that, upon the other hand, no minister
The Philippine Islands— 1900 3163
of religion shall be interfered with or molested in following his call-
ing, and that the separation between state and church shall be real,
entire, and absolute.
It will be the duty of the commission to promote and extend and,
as they find occasion, to improve the system of education already
inaugurated by the military authorities. In doing this they should
regard as of first importance the extension of a system of primary
education which shall be free to all, and which shall tend to fit the
people for the duties of citizenship and for the ordinary avocations
of a civilized community. This instruction should be given, in the
first instance, in every part of the islands in the language of the
people. In view of the great number of languages spoken by the
different tribes, it is especially important to the prosperity of the
islands that a common medium of communication may be established,
and it is obviously desirable that this medium should be the English
language. Especial attention should at once be given to affording
full opportunity to all the people of the islands to acquire the use of
the English language.
It may well be that the main changes which should be made in the
system of taxation and in the body of the laws under which the people
are governed, except such changes as have already been made by the
military government, should be relegated to the civil government
w^hich is to be established under the auspices of the commission. It
will, however, be the duty of the commission to inquire diligently
as to whether there are any further changes which ought not to be
delayed, and, if so, they are authorized to make such changes, sub-
ject to your approval. In doing so they are to bear in mind that
taxes which tend to penalize or repress industry and enterprise are
to be avoided; that provisions for taxation should be simple, so that
they may be understood by the people; that they should affect the
fewest practicable subjects of taxation which will serve for the gen-
eral distribution of the burden. The main body of the laws which
regidate the rights and obligations of the people should be maintained
with as little interference as possible. Changes made should be
mainly in procedure and in the criminal laws to secure speedy and
impartial trials, and at the same time effective administration and
respect for individual rights.
In dealing with the uncivilized tribes of the island, the commission
should adopt the same course followed by Congress in permitting
the tribes of our North American Indians to maintain their tribal
organization and government, and under which many of those tribes
are now living in peace and contentment, surrounded by a civiliza-
tion to which they are unable or unwilling to conform. Such tribal
governments should, however, be subjected to wise and firm regula-
tion; and, without undue or petty interference, constant and active
effort should be exercised to prevent barbarous practices and intro-
duce civilized customs.
Upon all officers and employees of the United States, both civil
and military, should be impressed a sense of the duty to observe not
merely the material but the personal and social rights of the people
of the islands, and to treat them with the same courtesy and respect
for their personal dignity which the people of the United States are
accustomed to require from each other.
3164 The Philippine Islands— 1901
The articles of capitulation of the city of Manila on the 13th of
August, 1898, concluded with these words :
" This city, its inhabitants, its churches and religious worship, its
educational establishments, and its private property of all descrip-
tions are placed under the special safeguard of the faith and honor
of the American Army."
I believe that this pledge has been faithfully kept. As high and
sacred an obligation rests upon the Government of the United States
to give protection for property and life, civil and religious freedom,
and wise, firm, and unselfish guidance in the paths of peace and pros-
perity^ to all the people of the Philippine Islands. I charge this com-
mission to labor for the full performance of this obligation, which
concerns the honor and conscience of their country, in the firm hope
that through their labors all the inhabitants of the Philippine
Islands may come to look back with gratitude to the day when God
gave victory to American arms at Manila and set their land under the
sovereignty and protection of the people of the United States.
WiLlilAM McKlNLEY.
The Secretary or War,
Washington^ D, G,
ACT GIVING STATUTORY AUTHORITY FOR THE EXERCISE OF
GOVERNMENTAL POWERS IN THE PHILIPPINES— 1901 «
[Fifty-sixth Congress, Second Session]
The act of March 2, 1901 " making appropriation for the support of
the Army for the fiscal year ending June thirtieth, nineteen hundred
and two " contained the following paragraphs :
All military, civil, and judicial powers necessary to govern the
Philippine Islands, acquired from Spain by the treaties concluded at
Paris on the tenth day of December, eighteen hundred and ninety-
eight, and at Washington on the seventh day of November, nineteen
hundred, shall, until otherwise provided by Congress, be vested in
such person and persons and shall be exercised in such manner as
the President of the United States shall direct, for the establishment
of civil government and for maintaining and protecting the inhabit-
ants of said islands in the free enjoyment of their liberty, property,
and religion : Provided ., That all franchises granted under the author-
ity hereof shall contain a reservation of the right to alter, amend, or
repeal the same.
oFor other acts of an organic nature relating to the Philippines see the act
to confirm the tariff laws established by the Philippine Commission, and to de-
fine evidence necessary to convict of treason in the Philippines, March 8, 1902 ;
to promote the efficiency of the constabulary, January HO, 1903 ; to fix a stand-
ard of value and a coinage system. March 2, 1903 ; to limit trade between United
States and the Philippines after July 1, 1906, to American vessels, April 15, 1904;
to authorize the issue of insular and municipal bonds, to extend immigration
laws to, to change title of civil governor to governor-general, and to provide for
locating and sale of mineral lands, February 0, 1905 ; to extend extradition laws
to, February 6, 1905 ; to revise and amend the Philippine tariff laws, March 3,
1905.
The Philippine Islands— 1901 3165
Until a permanent government shall have been established in said
archipelago full reports shall be made to Congress on or before the
first da}^ of each regular session of all legislative acts and proceed-
ings of the temporary government instituted under the provisions
hereof; and full reports of the acts and doings of said government,
and as to the condition of the archipelago and of its people, shall be
made to the President, including all information which may be useful
to the Congress in providing for a more permanent government:
Provided^ That no sale or lease or other disposition of the public
lands or the timber thereon or the mining rights therein shall be
made: And promded further^ That no franchise shall be granted
which is not approved by the President of the United States, and is
not in his judgment clearly necessary for the immediate government
of the islands and indispensable for the interest of the people thereof,
and w^hich can not, without great public mischief, be postponed until
the establishment of permanent civil government ; and all such fran-
chises shall terminate one year after the establishment of such per-
manent civil government.
All laws or parts of laws inconsistent with the provisions of this
Act are hereby repealed.
Approved, March 2, 1901.
EXTENSION OF POWERS OF THE PHILIPPINE COMMISSION— 1901 «
War Department, Washington^ June 21, 1901.
On and after the fourth dav of July, 1901, until it shall be other-
wise ordered, the President of the Philippine Commission will exer-
cise the executive authority in all civil affairs in the government oi
the Philippine Islands heretofore exercised in such affairs by the
Military Governor of the Philippines, and to that end the Hon. Wil-
liam H. Taft, President of the said Commission, is hereby appointed
Civil Governor of the Philippine Islands. Such executive authority
w^ill be exercised under, and in conformity to, the instructions to the
Philippine Commissioners, dated April 7, 1900, and subject to the ap-
proval and control of the Secretary of War of the United States.
The municipal and provincial civil governments, which have been, or
shall hereafter be, established in said islands, and all persons perform-
ing duties appertaining to the offices of civil government in said
islands, w^ill, in respect of such duties, report to the said Civil Gov-
ernor.
The powder to appoint civil officers, heretofore vested in the Philip-
pine Commission, or in the Military Governor, will be exercised by
the Civil Governor with the advice and consent of the Commission.
The Military Governor of the Philippines is hereby relieved from
the performance, on and after the said 4th day of Jidy, of the civil
duties hereinbefore described, but his authority will continue to be
exercised as heretofore, in those districts in which insurrection
against the authority of the United States continues to exist, or in
a See House Documents, Vol. 11 (No. 2), Fifty-seventh Congress, first session,
pp. 4^10.
3166 The Philippine Islands^l902
which public order is not sufficiently restored to enable provincial
civil governments to be established under the instructions to the
Commission dated April 7, 1900.
By the President :
Elihu Root,
Secr>etary of War.
ACT TO PROVIDE FOR CIVIL GOVERNMENT OF PHILIPPINES— 1902
[Fifty-Seventh Congress, First Session]
An Act temporarily to provide for tlie administration of the affairs of civil
government in the Philippine Islands, and for other purposes
Be it enacted l>y the Senate and House of Representatives of the
United States of America in Congress assembled^ That the action of
the President of the United States in creating the Philippine Com-
mission and authorizing said Commission to exercise the powers of
government to the extent and in the manner and form and subject
to the regulation and control set forth in the instructions of the
President to the Philippine Commission, dated April seventh, nine-
teen hundred, and in creating the offices of civil governor and vice-
governor of the Philippine Islands, and authorizing said civil gov-
ernor and vice-governor to exercise the powers of government to the
extent and in the manner and form set forth in the Executive order
dated June tw^enty-first, nineteen hundred and one, and in establish-
ing four executive departments of government in said Islands as set
forth in the Act of the Philippine Commission, entitled " An Act
providing an organization for the departments of the interior, of
commerce and police, of finance and justice, and of public instruc-
tion," enacted September sixth, nineteen hundred and one, is hereby
approved, ratified, and confirmed, and until otherwise provided by
law the said Islands shall continue to be governed as thereby and
herein provided, and all laws passed hereafter by the Philippine Com-
mission shall have an enacting clause as follows : " By authority of
the United States be it enacted by the Philippine Commission." The
provisions of section eighteen hundred and ninety-one of the Revised
Statutes of eighteen hundred and seventy-eight shall not apply to
the Philippine Islands.
Future appointments of civil governor, vice-governor, members of
said Commission and heads of executive departments shall be made
by the President, by and with the advice and consent of the Senate.
Sec. 2. That the action of the President of the United States here-
tofore taken by virtue of the authority vested in him as Commander
in Chief of the Army and Navy, as set forth in his order of July
twelfth, eighteen hundred and ninety-eight, whereby a tariff of
duties and taxes as set forth by said order was to be levied and col-
lected at all ports and places in the Philippine Islands upon passing
into the occupation and possession of the forces of the United States,
together with the subsequent amendments of said order, are hereby
approved, ratified, and confirmed, and the actions of the authorities
of the government of the Philippine Islands, taken in accordance
with the provisions of said order and subsequent amendments, are
The Philippine Islands— 1902 3167
hereby approved: Provided, That nothing contained in this section
shall be held to amend or repeal an Act entitled " An Act temporarily
to provide revenue for the Philippine Islands, and for other pur-
poses," approved March eighth, nineteen hundred and two.
Sec. 3. That the President of the United States, during such time
as and whenever the sovereignty and authority of the United States
encounter armed resistance in the Philippine Islands, until otherwise
provided by Congress, shall continue to regulate and control commer-
cial intercourse w^ith and within said Islands by such general rules
and regulations as he, in his discretion, may deem most conducive to
the public interests and the general welfare.
Sec. 4. That all inhabitants of the Philippine Islands continuing
to reside therein who were Spanish subjects on the eleventh day of
April, eighteen hundred and ninety-nine, and then resided in said
Islands, and their children born subsequent thereto, shall be deemed
and held to be citizens of the Philippine Islands and as such entitled
to the protection of the United States, except such as shall have
elected to preserve their allegiance to the Crown of Spain in accord-
ance with the provisions of the treaty of peace between the United
States and Spain signed at Paris December tenth, eighteen hundred
and ninety-eight.
Sec. 5. That no law shall be enacted in said islands which shall
deprive any person of life, liberty, or property without due process
of law, or deny to any person therein the equal protection of the laws.
That in all criminal prosecutions the accused shall enjoy the right
to be heard by himself and counsel, to demand the nature and cause
of the accusation against him, to have a speedy and public trial, to
meet the witnesses face to face, and to have compulsory process to
compel the attendance of Avitnesses in his behalf.
That no person shall be held to answer for a criminal offense with-
out due process of law; and no person for the same oifense shall be
twice put in jeopardy of punishment, nor shall be comjoelled in any
criminal case to be a witness against himself.
That all persons shall before conviction be bailable by sufficient
sureties, except for capital offenses.
That no law impairing the obligation of contracts shall be enacted.
That no person shall be imprisoned for debt.
That the privilege of the writ of habeas corpus shall not be sus-
pended, unless when in cases of rebellion, insurrection, or invasion
the public safety may require it, in either of which events the same
may be suspended by the President, or by the gov^ernor, with th6
approval of the Philippine Commission, wherever during such period
the necessity for such suspension shall exist.
That no ex post facto law or bill of attainder shall be enacted.
That no law granting a title of nobility shall be enacted, and no
person holding any office of profit or trust in said islands, shall,
without the consent of the Congress of the ITnited States, accept any
present, emolument, office, or title of any kind whatever from any
king, queen, prince, or foreign State.
That excessive bail shall not be required, nor excessive fines im-
posed, nor cruel and unusual punishment inflicted.
That the right to be secure against unreasonable searches and
seizures shall not be violated.
3168 The Philippine Islands— 1902
That neither slavery, nor involuntary servitude, except as a pun-
ishment for crime whereof the party shall have been duly convicted,
shall exist in said islands.
That no law shall be passed abridging the freedom of speech or of
the press, or the right of the people peaceably to assemble and peti-
tion the Government for redress of grievances.
That no law shall be made respecting an establishment of religion
or prohibiting the free exercise thereof, and that the free exercise
and enjoyment of religious profession and worship, without dis-
crimination or preference, shall forever be allowed.
That no money shall be paid out of the treasury except in pursu-
ance of an appropriation by law.
That the rule of taxation in said islands shall be uniform.
That no private or local bill which may be enacted into law shall
embrace more than one subject, and that subject shall be expressed in
the title of the bill.
That no warrant shall issue but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be
searched and the person or things to be seized.
That all money collected on any tax levied or assessed for a special
purpose shall be treated as a special fund in the treasur}^ and paid out
for such purpose only.
Sec. 6. That whenever the existing insurrection in the Philippine
Islands shall have ceased and a condition of general and complete
peace shall have been established therein and the fact shall be certified
to the President by the Philippine Commission, the President, upon
being satisfied thereof, shall order a census of the Philippine Islands
to be j:aken by said Philippine Commission ; such census in its inquir-
ies relating to the population shall take and make so far as practicable
full report for all the inhabitants, of name, age, sex, race, or tribe,
whether native or foreign born, literacy in Spanish, native dialect or
language, or in English, school attendance, ownership of homes, in-
dustrial and social statistics, and such other information separately
for each island, each province, and municipality, or other civil divi-
sion, as the President and said Commission may deem necessary:
Provided^ That the President may, upon the request of said Com-
mission, in his discretion, employ the service of the Census Bureau
in compiling and promulgating the statistical information above pro-
vided for, and may commit to such Bureau any part or portion of
such labor as to him may seem Avise.
• Sec. 7. That two years after the completion and publication of the
census, in case such condition of general and com])lete peace with
recognition of the authority of the United States shall have contin-
ued in the territory of said Islands not inhabited by Moros or other
non-Christian tribes and such facts shall have been certified to the
President by the Philippine Commission, the President upon being
satisfied thereof shall direct said Com.mission to call, and the Com-
mission shall call, a general election for the choice of delegates to a
popular assembly of the people of said territory in the Philippine
Islands, which shall be known as the Philippine assembly. After said
assembly shall have convened and organized, all the legislative ])ower
heretofore conferred on the Philippine Commission in all that part
of said Islands not inhabited bv Moros or other non-Christian tribes
The Philippine Islands— 1902 3169
shall be vested in a legislature consisting of two houses — The Philip-
l)ine Commission and the Philippine assembly. Said assembly shall
consist of not less than fifty nor more than one hundred members to
be apportioned by said Commission among the provinces as nearly
as practicable according to population: Procided^ That no province
shall have less than one member: And provided further^ That prov-
inces entitled by population to more than one member may be divided
into such convenient districts as the said Commission may deem best.
Public notice of such division shall be given at least ninety days
prior to such election, and the election shall be held under rules and
regulations to be prescribed by law. The qualification of electors in
such election shall be the same as is now provided by law in case of
electors in municipal elections. The members of assembly shall hold
office for two years from the first day of January next following their
election, and their successors shall be chosen by the people every
second year thereafter. No person shall be eligible to such election
who is not a qualified elector of the election district in which he ma^^
be chosen, owing allegiance to the United States, and twentj^-five
years of age.
The legislature shall hold annual sessions, commencing on the first
Monday of P'ebruary in each year and continuing not exceeding
ninety days thereafter (Sundays and holidays not included) : Pro-
vided^ That the first meeting of the legislature shall be held upon the
call of the governor within ninety days after the first election: And
provided further^ That if at the termination of any session the appro-
priations necessary for the support of government shall not have been
made, an amount equal to the sums appropriated in the last appro-
priation bills for such purposes shall be deemed to be appropriated;
and until the legislature shall act in such behalf the treasurer may.
with the advice of the governor, make the payments necessary for
the purposes aforesaid.
The legislature may be called in special session at any time by the
civil governor for general legislation, or for action on such specific
subjects as he may designate. Xo special session shall continue
longer than thirty days, exclusive of Sundays.
The assembly shall be the judge of the elections, returns, and
qualifications of its members. A majority 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.
It shall choose its speaker and other officers, and the salaries of its
members and officers shall be fixed by law. It may determine the
rule of its proceedings, punish its members for disorderly behavior,
and with the concurrence of two-thirds expel a member. It shall
keep a journal of its proceedings, which shall be published, and the
yeas and nays of the members on any question shall, on the demand
of one-fifth of those present, be entered on the journal.
Sec. 8. That at the same time with the first meeting of the Philip-
pine legislature, and biennially thereafter, there shall be chosen by
said legislature, each house voting separately, two resident commis-
sioners to the United States, who shall be entitled to an official recog-
nition as such by all departments upon presentation to the President
of a certificate of election by the civil governor of said islands, and
each of whom shall be entitled to a salary payable monthly by the
3170 The Philippine Islands— 1902
United States at the rate of five thousand dollars per annum, and two
thousand dollars additional to cover all expenses: Provided, That no
person shall be eligible to such election who is not a qualified elector
of said islands, owing allegiance to the United States, and who is
not thirty years of age.
Sec. 9. That the Supreme Court and the courts of first instance of
the Philippine Islands shall possess and exercise jurisdiction as here-
tofore provided and such additional jurisdiction as shall hereafter be
prescribed by the government of said Islands, subject to the power of
said Government to change the practice and method of procedure.
The municipal courts of said Islands shall possess and exercise juris-
diction as heretofore provided by the Philippine Commission, subject
in all matters to such alteration and amendment as may be hereafter
enacted by law; and the chief justice and associate justices of the
supreme court shall hereafter be appointed by the President, by and
Avith the advice and consent of the Senate, and shall receive the com-
pensation heretofore prescribed by the Commission until otherwise
provided by Congress. The judges of the court of first instance shall
be appointed by the civil governor, by and with the advice and con-
sent of the Philippine Commission : Provided, That the admiralty
jurisdiction of the supreme court and courts of first instance shall not
be changed except by Act of Congress.
Sec. 10. That the Supreme Court of the United States shall have
jurisdiction to review, revise, reverse, modify, or affirm the final judg-
ments and decrees of the supreme court of the Philippine Islands in
all actions, cases, causes, and proceedings now pending therein or
hereafter determined thereby in which the Constitution or any stat-
ute, treaty, title, right, or privilege of the United States is involved,
or in causes in which the value in controversy exceeds twenty-five
thousand dollars, or in which the title or possession of real estate
exceeding in value the sum of twenty-five thousand dollars, to be
ascertained by the oath of either party or of other competent Avit-
nesses, is involved or brought in question; and such final judgments
or decrees may and can be reviewed, revised, reversed, modified, or
affirmed by said Supreme Court of the United States on appeal or
writ of error by the party aggrieved, in the same manner, under the
same regulations, and by the same procedure, as far as applicable,
as the final judgments and decrees of the circuit courts of the United
States.
Sec. 11. That the government of the Philippine Islands is hereby
authorized to provide for the needs of commerce by improving the
harbors and navigable waters of said islands and to construct and
maintain in said navigable w^aters and upon the shore adjacent thereto
bonded warehouses, wharves, piers, light-houses, signal and life-
saving stations, buoys, and like instruments of commerce, and to
adopt and enforce regulations in regard thereto, including bonded
Avarehouses wherein articles not intended to be imported into said
islands nor mingled with the property therein, but brought into a
port of said islands for reshipment to another country, may be de-
posited in bond and reshipped to another country without the pay-
ment of customs duties or charges.
Sec. 12. That all the property and rights which may have been
acquired in the Philippine Islands by the United States under the
The Philippine Islands— 1902 3171
treaty of peace with Spain, signed December tenth, eighteen hundred
and ninety-eight, except such land or other property as shall l>e desig-
nated by "the President of the United States for military and other
reservations of the Government of the United States, are hereby
placed under the control of the government of said islands to be
administered for the benefit of the inhabitants thereof, except as
provided in this Act.
Sec. 13. That the government of the Philippin^^, Islands, subject to
the provisions of this Act and except as herein provided, shall classify
according to its agricultural character and productiveness, and shall
immediately make rules and regulations for the lease, sale, or other
disposition of the public lands other than timber or mineral lands,
but such rules and regulations shall not go into effect or have the force
of law until they have received the approval of the President and
when approved by the President they shall be submitted by him to
Congress at the beginning of the next ensuing session thereof and
imless disapproved or amended by Congress at said session they shall
at the close of such period have the force and effect of law in the Phil-
ippine Islands: Provided, That a single homestead entry shall not
exceed sixteen hectares in extent.
Sec. 14. That the government of the Philippine Islands is hereby
authorized and empowered to enact rules and regulations and to pre-
scribe terms and conditions to enable persons to perfect their title to
public lands in said Islands, who, prior to the transfer of sovereignty
from Spain to the United States, had fulfilled all or some of th^ con-
ditions required by the Spanish laws and royal decrees of the King-
dom of Spain for the acquisition of legal title thereto yet failed to
secure conveyance of title; and the Philippine Commission is author-
ized to issue patents, without compensation, to any native of said
Islands, conveying title to any tract of land not more than sixteen
hectares in extent, which were public lands and had l)een actually
occupied by such native or his ancestors prior to and on the thirteenth
of August, eighteen hundred and ninety-eight..
Sec. 15. That the government of the Philippine Islands is hereby
authorized and empowered, on such terms as it may prescribe, by
general legislation, to provide for the granting or sale and conveyance
to actual. occupants and settlers and other citizens of said islands such
parts and portions of the public domain, other than timber and min-
eral lands, of the United States in said islands as it may deem wise,
not exceeding sixteen hectares to any one person and for the sale and
conveyance of not more than one thousand and twenty-four hectares
to any corporation or association of persons: Prorided, That the grant
or sale of such lands, whether the purchase price be paid at once or in
])artial payments, shall be conditioned uj)on actual and continued
occupancy, improvement, and cultivation of the premises sold for a
period of not less than five years, during which time the purchaser or
grantee can not alienate or encumber said land or the title tliereto: but
such restriction shall not apply to transfers of rights and title of
inheritance under the laws for the distribution of the estates of
decedents.
Sec. If). That in granting or selling any part of the public domain
under the provisions of the last preceding section, preferiMice in all
rases shall be given to actual occupants and settlers ; and such public
7254— VOL 5—09 41
3172 The Philippine Islands— 1902
lands of the United States in the actual possession or occupancy of
any native of the Philippine Islands shall not be sold by said govern-
ment to any other person without the consent thereto of said prior
occupant or settler first had and obtained : Provided^ That the prior
right hereby secured to an occupant of land, who can show no other
proof of title than possession, shall not apply to more than sixteen
hectares in any one tract.
Sec. 17. That timber, trees, forests, and forest products on lands
leased or demised by the government of the Philippine Islands under
the provisions of this Act shall not be cut, destroyed, removed, or
appropriated except by special permission of said government and
under such regulations as it may prescribe.
All moneys obtained from lease or sale of any portion of the public
domain or from licenses to cut timber by the government of the
Philippine Islands shall be covered into the insular treasury and be
subject only to appropriation for insular purposes according to law.
Sec. 18. That the forest laws and regulations now in force in the
Philippine Islands, with such modifications and amendments as may
be made by the government of said islands, are hereby continued in
force, and no timber lands forming part of the public domain shall
be sold, leased, or entered until the government of said islands, upon
the certification of the forestry bureau that said lands are more valu-
able for agriculture than for forest uses, shall declare such lands so
certified to be agricultural in character: Provided^ That the said
government shall have the right and is hereby empowered to issue
licenses to cut, harvest, or collect timber or other forest products on
reserved or unreserved public lands in said islands in accordance with
the forest laws and regulations hereinbefore mentioned and under the
provisions of this Act, and the said government may lease land to any
person or persons holding such licenses, sufficient for a mill site, not to
exceed four hectares in extent, and may grant rights of way to enable
such person or persons to get access to the lands to which such licenses
apply.
Sec. 19. That the beneficial use shall be the basis, the measure,
and the limit of all rights to water in said islands, and the govern-
ment of said islands is hereby authorized to make such rules and
regulations for the use of water, and to make such reservations of
public lands for the protection of the water supply, and for other
public purposes not in conflict with the provisions of this Act, as it
may deem best for the public good.
MINERAL LANDS
Sec. 20. That in all cases public lands in the Philippine Islands
valuable for minerals shall be reserved from sale, except as other-
wise expressly directed by law.
Sec. 21. That all valuable mineral deposits in public lands in the
Philippine Islands, both surveyed and unsurveyed, are hereby de-
clared to be free and open to exploration, occupation, and purchase,
and the land in which they are found to occupation and purchase, by
citizens of the United States, or of said Islands: Providedy T]\2it
when- on any lands in said islands entered and occupied as agricul-
tural lands under the provisions of this Act, but not patented, min-
The Philippine Islands^l902 3173
eral deposits have been found, the working of such mineral deposits
is hereby forbidden until the person, association, or corporation
who or which has entered and is occupying such lands shall have
paid to the government of said islands such additional sum or sums
as will make the total amount paid for the mineral claim or claims
in which said deposits are located equal to the amount charged by
the government for the same as mineral claims.
Sec. 22. That mining claims upon land containing veins or lodes
of quartz or other rock in place bearing gold, silver, cinnabar, lead,
tin, copper, or other valuable deposits, located after the passage of
this Act, whether located by one or more persons qualified to locate
the same under the preceding section, shall be located in the follow-
ing manner and under the following conditions: Any person so
qualified desiring to locate a mineral claim shall, subject to the
provisions of this Act with respect to land which may be used for
mining, enter upon the same and locate a plot of ground measuring,
where possible, but not exceeding, one thousand feet in length by one
thousand feet in breadth, in as nearly as possible a rectangular
form; that is to say: All angles shall be right angles, except in
cases where a boundary line of a previously surveyed claim is adopted
as common to both claims, but the lines need not necessarily be
meridional. In defining the size of a mineral claim, it shall be
measured horizontally, irrespective of inequalities of the surface of
the ground.
Sec. 23. That a mineral claim shall be marked by two posts placed
as nearly as possible on the line of the ledge or vein, and the posts
i^hall be numbered one and two, and the distance between posts num-
bered one and two shall not exceed one thousand feet, the line be-
tween posts numbered one and two to be known as the location line ;
and upon posts numbered one and two shall be written the name given
to the mineral claim, the name of the locator, and the date of the
location. Upon post numbered one there shall be written, in addi-
tion to the foregoing, " Initial post," the approximate compass bear-
ing of post numbered two, and a statement of the number of feet
lying to the right and to the left of the line from post numbered one
to post numbered two, thus : " Initial post. Direction of post num-
bered two. feet of this claim lie on the right and feet
on the left of the line from number one to number two post." All
the particulars required to be put on number one and number two
posts shall be furnished by the locator to the provincial secretary, or
such other officer as by the Philippine government may be described
as mining recorder, in writing, at the time the claim is recorded, and
shall form a part of the record of such claim.
Sec. 24. That when a claim has been located the holder shall im-
mediately mark the line between posts numbered one and two so that
it can be distinctly seen. The locator shall also place a post at the
point where he has found minerals in place, on which shall be written
^' Discovery post :" Provided^ That when the claim is surveyed the
surveyor shall be guided by the records of the claim, the sketch plan
on the back of the declaration made by the owner when the claim was
recorded, posts numbered one and two, and the notice on number one,
the initial post.
3174
The Philippine Islands — 1902
EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS
No. 2 post.
500'
500'
Discovery
post.
O
500'
500'
No. 2 post.
"250^0
750'
250'
C Discovery post.
750'
600'
No. 2 post.
— c — ]
Discovery
post.
O
No. 1 post.
No. 1 post.
No. 1 post.
400'
Sec. 25. That it shall not be lawful to move number one post, but
number two post may be moved by the deputy mineral surveyor when
the distance between posts numbered one and two exceeds one thou-
sand feet, in order to place number two post one thousand feet from
number one post on the line of location. \Mien the distance between
posts numbered one and two is less than one thousand feet the deputy
mineral surveyor shall have no authority to extend the claim beyond
number two.
Sec. 26. That the '' location line '' shall govern the direction. of one
side of the claim, upon which the surve}^ shall be extended according
to this Act.
Sec. 27. That the holder of a mineral claim shall be entitled
to all minerals which may lie within his claim, but he shall not be
entitled to mine outside the boundary lines of his claim continued
vertically downward: Provided, That this Act shall not prejudice
the rights of claim owners nor claim holders whose claims have been
located under existing laws prior to this Act.
Sec. 28. That no mineral claim of the full size shall be recorded
without the ap^olication being accompanied by an affidavit made b}^
the applicant or some person on his behalf cognizant of the facts —
that the legal notices and posts have been put up ; that mineral has
been found in place on the claim proposed to be recorded; that the
ground applied for is unoccupied by any other person. In the said
declaration shall be set out the name of the applicant and the date of
the location of the claim. The words written on the number one and
number two posts shall be set out in full, and as accurate a description
as possible of the position of the claim given with reference to some
natural object or permanent monuments.
Sec. 29. That no mineral claim which at the date of its record is
l^nown by the locator to be less than a full-sized mineral claim shall be
recorded without the word " fraction " being added to the name of
the claim, and the application being accompanied by an affidavit or
solemn declaration made by the applicant or some person on his
behalf cognizant of the facts : That the legal posts and notices have
The Philippine Islands— 1902 3175
been put up ; that mineral has been found in place on the fractional
claim proposed to be recorded ; that the ground applied for is unoccu-
pied by any other person. In the said declaration shall be set out the
name of the applicant and the date of the location of the claim. The
words written on the posts numbered one and two shall be set out
in full, and as accurate a description as possible of the position of the
claim given. A sketch plan shall be drawn by the applicant on the
back of the declaration, showing as near as may be the position of the
adjoining mineral claims and the shape and size, expressed in feet, of
the claim or fraction desired to be recorded: P7'ovided, That the
failure on the part of the locator of a mineral claim to comply with
any of the foregoing provisions of this section shall not be deemed to
invalidate such location, if upon the facts it shall appear that such
locator has actually discovered mineral in place on said location, and
that there has been on his part a bona fide attempt to comply with the
provisions of this Act, and that the nonobservance of the formalities
hereinbefore referred to is not of a character calculated to mislead
other persons desiring to locate claims in the vicinity.
Sec. 30. That in cases where, from the nature or shape of the
ground, it is impossible to mark the location line of the claim as pro-
vided by this Act then the claim may be marked by placing posts as
nearly as possible to the location line, and noting the distance and di-
rection such posts may be from such location line, which distance and
direction shall be set out in the record of the claim.
Sec. 31. That every person locating a mineral claim shall record the
^ame with the provincial secretary or such other officer as by the gov-
ernment of the Philippine Islands ma}^ be described as mining recorder
of the district within which the same is situate, within thirty days
after the location thereof. Such record shall be made in a book to be
kept for the purpose in the office of the said provincial secretary
or such other officer as by said government described as mining
recorder, in which shall be inserted the name of the claim, the name of
each locator, the locality of the mine, the direction of the location line,
the length in feet, the date of location, and the date of the record.
A claim which shall not have been recorded within the prescribed
period shall be deemed to have been abandoned.
Sec. 32. That in case of ^ny dispute as to the location of a mineral
claim the title to the claim shall be recognized according to the pri-
ority of such location, subject to any question as to the validity of the
record itself and subject to the holder having complied witli all the
terms and conditions of this Act.
Sec. 33. That no holder shall be entitled to hold in his, its, or their
own name or in the name of any other person, corporation, or asso-
ciation more than one mineral claim on the same vein or lode.
Sec. 34. That a holder may at any time abandon any mineral claim
by giving notice, in writing, of such intention to abandon, to the
provincial secretary or such other officer as by the government of the
Philippine Islands may be described as mining recorder; and from
the date of the record of such notice all his interest in such claim
shall cease.
Sec. 35. That proof of citizenship under the clauses of this Act
relating to mineral lands may consist, in the case of an individual, of
his own affidavit thereof; in the case of an association of persons un-
incorporated, of the affidavit of their authorized agent, made on his
3176 The Philippine Islands— 1902
own knowledge or upon information and belief; and in the case of a
corporation organized under the laws of the United States, or of any
State or Territory thereof, or of the Philippine Islands, by the filing
of a certified copy of their charter or certificate of incorporation.
Sec. 36. That the United States Philippine Commission or its suc-
cessors may make regulations, not in conflict with the provisions of
this Act, governing the location, manner of recording, and amount of
work necessary to hold possession of a mining claim, subject to the
following requirements :
On each claim located after the passage of this Act, and until a
patent has been issued therefor, not less than one hundred dollars'
worth of labor shall be performed or improvements made during each
year : Provided, That upon a failure to comply with these conditions
the claim or mine upon which such failure occurred shall be open to
relocation in the same manner as if no location of the same had ever
been made, provided that the original locators, their heirs, assigns, or
legal representatives have not resumed work upon the claim after
failure and before such location. Upon the failure of any one of
several coowners to contribute his proportion of the expenditures re-
quired thereby, the coowners who have performed the labor or made
the improvements may, at the expiration of the year, give such delin-
quent coowner personal notice in writing, or notice by publication in
the newspaper published nearest the claim, and in two newspapers
published at Manila, one in the English language and the other in
the Spanish language, to be designated by the chief of the Philip-
pine insular bureau of public lands, for at least once a week for
ninety days, and if, at the expiration of ninety days after such notice
in writing or by publication such delinquent shall fail or refuse to
contribute his proportion of the expenditure required by this section
his interest in the claim shall become the property of his coowners
who have, made the required expenditures. The period within which
the work required to be done annually on all unpatented mineral
claims shall commence on the first day of January succeeding the
date of location of such claim.
Sec. 37. That a patent for any land claimed and located for valu-
able mineral deposits may be obtained in the following manner : Any
person, association, or corporation authorized to locate a claim under
this Act, having claimed and located a piece of land for such pur-
poses, who has or have complied with the terms of this Act, may file
in the office of the provincial secretary, or such other officer as by the
government of said Islands may be described as mining recorder of
the province wherein the land claimed is located, an application for a
patent, under oath, showing such compliance, together w^ith a plat
and field notes of the claim or claims in common, made by or under
the direction of the chief of the Philippine insular bureau of public
lands, showing accurately the boundaries of the claim, which shall be
distinctly marked by monuments on the ground, and shall post a copy
of such plat, together with a notice of such application for a patent,
in a conspicuous place on the land embraced in such plat previous to
the filing of the application for a patent, and shall file an affidavit of
at least two persons that such notice has been duly posted, and shall
file a fcopy of the notice in such office, and shall thereupon be entitled
to a patent for the land, in the manner following : The provincial sec-
retary, or such other officer as by the Philippine government may be
The Philippine Islands— 1902 3177
described as mining recorder, upon the filing of such application, plat,
field notes, notices, and affidavits, shall publish a notice that such an
application has been made, once a week for the period of sixty days,
in a newspaper to be by him designated as nearest to such claim and
in two newspapers published at Manila, one in the English language
and once in the Spanish language, to be designated by the chief of the
Philippine insular bureau of public lands ; and he shall also post such
notice in his office for the same period. The claimant at the time of
filing this application, or at any time thereafter within the sixty days
of publication, shall file with the provincial secretary or such other
officer as by the Philippine government may be described as mining
recorder a certificate of the chief of the Philippine insular bureau of
public lands that five hundred dollars' worth of labor has been ex-
pended or improvements made upon the claim by himself or grantors;
that the plat is correct, with such further description by such refer-
ence to natural objects or permanent monuments as shall identify the
claim, and furnish an accurate description to be incorporated in the
patent. At the expiration of the sixty days of publication the claim-
ant shall file his affidavit, showing that the plat and notice have been
posted in a conspicuous place on the claim during such period of
publication. If no adverse claim shall have been filed with the pro-
vincial secretary or such other officer as by the government of said
islands may be described as mining recorder at the expiration of the
sixty days of publication, it shall be assumed that the applicant is
entitled to a patent upon the payment to the provincial treasurer or
the collector of internal revenue of five dollars per acre and that no
adverse claim exists, and thereafter no objection from third parties
to the issuance of a patent shall be heard, except it be shown that the
applicant has failed to comply with the terms of this Act : Provided,
That where the claimant for a patent is not a resident of or within
the province wherein the land containing the vein, ledge, or deposit
sought to be patented is located, the application for patent and the
affidavits required to be made in this section by the claimant for such
patent may be made by his, her, or its authorized agent where said
agent is conversant with the facts sought to be established by said
affidavits.
Sec. 38. That applicants for mineral patents, if residing beyond
the limits of the province or military department wherein the claim
is situated, may make the oath or affidavit required for proof of
citizenship before the clerk of any court of record, or before any
notary public of any province of the Philippine Islands, or any other
official in said islands authorized by law to administer oaths.
Sec. 30. That where an adverse claim is filed during the period of
publication it shall be upon oath of the person or persons making the
same, and shall show the nature, boundaries, and extent of such ad-
verse claim, and all proceedings, except the publication of notice and
making and filing of the affidavits thereof, shall be stayed until the
controversy shall have been settled or decided by a court of competent
jurisdiction or the adverse claim waived. It shall be the duty of the
adverse claimant, within thirty days after filing his claim, to com-
mence proceedings in a court of competent jurisdiction to determine
the question of the right of possession, and prosecute the same with
reasonable diligence to final judgment, and a failure so to do shall be
a waiver of his adverse claim. After such judgment shall have been
3178 The Philippine Islands— 190^
rendered the party entitled to the possession of the claim, or any por-
tion thereof, may, without giving further notice, file a certified copy
of the judgment roll with the provincial secretar}^ or such other officer
as by the government of the Philippine Islands may be described as
mining recorder, together with the certificate of the chief of the
Philippine insular bureau of public lands that the requisite amount
of labor has been expended or improvements made thereon, and the
description required in other cases, and shall pay to the provincial
treasurer or the collector of internal revenue of the province in which
the claim is situated, as the case may be, five dollars per acre for his
claim, together with the proper fees, whereupon the whole proceedings
and the judgment roll shall be certified by the provincial secretary or
such other officer as by said government may be described as mining
recorder to the secretary of the interior of the Philippine Islands,
and a patent shall issue thereon for the claim, or such portion thereof
as the applicant shall appear, from the decision of the court, rightly
to possess. The adverse claim may be verified by the oath of any duly
authorized agent or attorney in fact of the adverse claimant cogni-
zant of the facts stated ; and the adverse claimant, if residing or at
the time being beyond the limits of the province wherein the claim is
situated, may make oath to the adverse claim before the clerk of any
court of record, or any notary public of any province or military de-
partment of the Philippine Islands, or any other officer authorized to
administer oaths where the adverse claimant may then be. If it ap-
pears from the decision of the court that several parties are entitled
to separate and different portions of the claim, each party may pay
for his portion of the claim, with the proper fees, and file the certifi-
cate and description by the chief of the Philippine insular bureau of
public lands, whereupon the provincial secretary or such other officer
as by the government of said islands may be described as mining re-
corder shall certify the proceedings and judgment roll to the secretary
of the interior for the Philippine Islands, as in the preceding case,
and patents shall issue to the several parties according to their re-
spective rights. If in any action brought pursuant to this section
title to the ground in controversy shall not be established by either
party, the court shall so find, and judgment shall be entered accord-
ingly. In such case costs shall not be allowed to either party, and
the claimant shall not proceed in the office of the provincial secretary
or such other officer as by the government of said islands may be
described as mining recorder or be entitled to a patent for the ground
in controversy until he shall have perfected his title. Nothing herein
contained shall be construed to prevent the alienation of a title con-
veyed by a patent for a mining claim to any person whatever.
Sec. 40. That the description of mineral claims upon surveyed
lands shall designate the location of the claim with reference to the
lines of the public surveys, but need not conform therewith; but
where a patent shall be issued for claims upon unsurveyed lands the
chief of the Philippine insular bureau of public lands in extending
the surveys shall adjust the same to the boundaries of such patented
claim according to the plat or description thereof, but so as in no
case to interfere with or change the location of any such patented
claim. ^
Sec. 41. That any person authorized to enter lands under this Act
may enter and obtain patent to lands that are chiefly valuable for
The Philippine Islands— 1902 3179
building stone under the provisions of this Act relative to placer
mineral claims.
Sec. 42. That any person authorized to enter lands under this Act
may enter and obtain patent to lands containing petroleum or otlier
mineral oils and chiefly valuable therefor under the provisions of this
Act relative to placer mineral claims.
Sec. 43. That no location of a placer claim shall exceed sixty-four
hectares for any association of persons, irrespective of the number of
persons composing such association, and no such location shall include
more than eight hectares for an individual claimant. Such loca
tions shall conform to the laws of the United States Philippine
Commission, or its successors, with reference to public surveys, and
nothing in this section contained shall defeat or impair any bona
fide ownership of land for agricultural purposes or authorize the
sale of the improvements of any bona fide settler to any purchaser.
Sec. 44. That where placer claims are located upon surveyed lands
and conform to legal subdivisions, no further survey or plat shall be
required, and all placer mining claims located after the date of
passage of this Act shall conform as nearly as practicable to the
Philippine system of public-land surveys and the regular subdivi-
sions of such surveys; but where placer claims can not be conformed
to legal subdivisions, survey and plat shall be made as on unsur-
veyed lands; and where by the segregation of mineral lands in any
legal subdivision a quantity of agricultural land less than sixteen
hectares shall remain, such fractional portion of agricultural land
may be entered by any party qualified by law for homestead purposes.
Sec. 45. That where such person or association, they and their
grantors have held and worked their claims for a period equal to the
time prescribed by the statute of limitations of the Philippine Islands,
evidence of such possession and working of the claims for such period
shall be sufficient to establish a right to a patent thereto under this
Act, in the absence of any adverse claim; but nothing in this Act
shall be deemed to impair any lien which may have attached in any
way whatever prior to the issuance of a patent.
Sec. 46. That the chief of the Philippine insular bureau of public
lands may appoint competent deputy mineral surveyors to survey
mining claims. The expenses of the survey of vein or lode claims and
of the survey of placer claims, together with the cost of publication
of notices, shall be paid by the applicants, and they shall be at liberty
to obtain the same at the most reasonable rates, and they shall also be
at liberty to employ any such deputy mineral surveyor to make the
survey. The chief of the Philippine insular bureau of public lands
shall also have power to establish the maximum charges for surveys
and publication of notices under this xVct; and in case of excessive
charges for publication he may designate any newspaper published
in a province where mines are situated, or in Manila, for the publi-
cation of mining notices and fix the rates to be charged by such
paper; and to the end that the chief of the bureau of public lands
may be fully informed on the subject such applicant shall file with
the provincial secretary, or such other officer as by the government
of the Philippine Islands may be described as mining recorder, a
sworn statement of all charges and fees paid by such applicant for
publication and surveys, and of all fees and money paid the provin-
cial treasurer or the collector of internal revenue, as the case may be,
3180 The Philippine Islands— 1902
which statement shall be transmitted, with the other papers in the
case, to the secretary of the interior for the Philippine Islands.
Sec. 47. That all affidavits required to be made under this Act may
be verified before any officer authorized to administer oaths within
the province or military department where the claims may be situ-
ated, and all testimony and proofs may be taken before any such
officer, and, when duly certified by the officer taking the same, shall
have the same force and effect as if taken before the proper provin-
cial secretary or such other officer as by the government of the Philip-
pine Islands may be described as mining recorder. In cases of con-
test as to the mineral or agricultural character of land the testimony
and proofs may be taken as herein provided on personal notice of at
least ten days to the opposing party; or if such party can not be
found, then by publication at least once a week for thirty days in a
newspaper to be designated by the provincial secretary or such other
officer as by said government may be described as mining recorder
published nearest to the location of such land and in two ncAvspapers
published in Manila, one in the English language and one in the
Spanish language, to be designated by the chief of the Philippine
insular bureau of public lands ; and the provincial secretary or such
other officer as by said government may be described as mining
recorder shall require proofs that such notice has been given.
Sec. 48. That w^here nonmineral land not contiguous to the vein or
lode is used or occupied by the proprietor of such vein or lode for
mining or milling purposes, such nonadjacent surface ground may be
embraced and included in an applicatioin for a patent for such vein
or lode, and the same may be patented therewith, subject to the same
preliminary requirements as to survey and notice as are applicable to
veins or lodes; but no location of such nonadjacent land shall exceed
two hectares, and payment for the same must be made at the same
rate as fixed by this Act for the superficies of the lode. The owner
of a quartz mill or reduction works not owning a mine in connection
therewith may also receive a patent for his mill site as provided in
this section.
Sec. 49. That as a condition of sale the Government of the Philip-
pine Islands may provide rules for working, policing, and sanitation
of mines, . and rules concerning easements, drainage, Avater rights^
right of way, right of Government survey and inspection, and other
necessary means to their complete dcA^elopment not inconsistent with
the provisions of this Act, and those conditions shall be fully ex-
presf^ed in the patent. The Philippine Commission or its successors
are hereby further empoAvered to fix the bonds of deputy mineral
surveyors.
Sec. 50. That Avhenever by priority of possession rights to the use
of Avater for mining, agricultural, manufacturing, or other purposes
haA^e vested and accrued and the same are recognized and acknowl-
eged by the local customs, laAvs, and the decisions of courts, the pos-
sessors and OAvners of such vested rights shall be maintained and pro-
tected in the same, and the right of way for the construction of ditches
and canals for the purposes herein specified is acknowledged and con-
firmed, but AA^hencA^er any person, in the construction of any ditch
or canal, injures or damages the possession of any settler on the public
domain, the party committing such injury or damage shall be liable
to the party injured for such injury or damage.
The Philippine Islands— 1902 3181
Sec. 51. That all patents granted shall be subject to any vested and
accrued water rights, or rights to ditches and reservoirs used in con-
nection with such water rights as may have been acquired under or
recognized by the preceding section.
Sec. 52. That the Government of the Philippine Islands is author-
ized to establish land districts and provide for the appointment of the
necessary officers wherever they may deem the same necessary for the
public convenience, and to further provide that in districts where
land offices are established proceedings required by this Act to be
had before provincial officers shall be had before the proper officers of
such land offices.
Sec. 53. That every person above the age of twenty-one years, who
is a citizen of the United States, or of the Philippine Islands, or who
has acquired the rights of a native of said islands under and by virtue
of the treaty of Paris, or any association of persons severally quali-
fied as above, shall, upon application to the proper provincial treas-
urer, have the right to enter any quantity of vacant coal lands of said
Islands not otherwise appropriated or reserved by competent author-
ity, not exceeding sixty-four hectares to such individual person, or
one hundred and twenty-eight hectares to such association, upon pay-
ment to the provincial treasurer or the collector of internal revenue,
as the case may be, of not less than tw^enty-five dollars per hectare for
such lands, where the same shall be situated more than fifteen miles
from any completed railroad or available harbor or navigable stream,
and not less than fifty dollars per hectare for such lands as shall be
within fifteen miles of such road, harbor, or stream : Provided, That
such entries shall be taken in squares of sixteen or sixty-four hectares,
in conformity with the rules and regulations governing the public-
land surveys of the said Islands in plotting legal subdivisions.
Sec. 54. That any person or association of persons, severally quali-
fied as above provided, who have opened and improved, or shall here-
after open and improve, any coal mine or mines upon the public lands,
and shall be in actual possession of the same, shall be entitled to a
preference right of entry under the preceding section of the mines so
opened and improved.
Sec. 55. That all claims under the preceding section must be pre-
sented to the proper provincial secretary Avithin sixty days after the
date of actual possession and the commencement of impovements on
the land by the filing of a declaratory statement therefor ; and where
the improvements shall have been made prior to the expiration of
three months from the date of the passage of this Act, sixty days from
the expiration of such three months shall be allowed for the filing of a
declaratory statement ; and no sale under the provisions of this Act
shall be allowed until the expiration of six months from the date of
the passage of this Act.
Sec. 50. That the three preceding sections shall be held to authorize
only one entry by the same person or association of persons ; and no
association of persons, any member of which shall have taken the
benefit of such sections, either as an individual or as a member of any
other association, shall enter or hold any other lands under the provi-
sions thereof; and no member of any association which shall have
taken the benefit of such section shall enter or hold any other lands
under their provisions; and all persons claiming under section fifty-
eight shall be required to prove their respective rights and pay for the
3182 The Philippine Islands— 1902
lands filed upon within one year from the time prescribed for filing
their respective claims; and upon failure to file the proper notice or
to pay for the land within the required period, the same shall be sub-
ject to entry by any other qualified applicant.
Sec. 57. That in case of conflicting claims upon coal lands where
the improvements shall be commenced after the date of the passage of
this Act, priority of possession and improvement, followed by proper
filing and continued good faith, shall determine the preference right
to purchase. And also where improvements have already been made
prior to the passage of this Act, division of the land claimed may be
made by legal subdivisions, which shall conform as nearly as practi-
cable with the subdivisions of land provided for in this Act, to include
as near as may be the valuable improvements of the respective parties.
The Government of the Philippine Islands is authorized to issue all
needful rules and regulations for carrying into effect the provisions
of this and preceding Sections relating to mineral lands.
Sec. 58. That whenever it shall be made to appear to the secretary
of any province or the commander of any military department in the
Philippine Islands that any lands within the province are saline in
character, it shall be the duty of said provincial secretary or com-
mander, under the regulations of the Government of the Philippine
Islands, to take testimony in reference to such lands, to ascertain their
true character, and to report the same to the secretary of the interior
for the Philippine Islands; and if, upon such testimony, the secretary
of the interior shall find that such lands are saline and incapable of
being purchased under any of the laws relative to the public domain,
then and in such case said lands shall be offered for sale at the office
of the provincial secretary or such other officer as by the said govern-
ment may be described as mining recorder of the province or depart-
ment in which the same shall be situated, as the case may be, under
such regulations as may be prescribed by said Government and sold to
the higliest bidder, for cash, at a price of not less than three dollars
per hectare; and in case such lands fail to sell when so offered, then
the same shall be subject to private sale at such office, for cash, at a
price not less than three dollars per hectare, in the same manner as
other lands in the said Islands are sold. All executive proclamations
relating to the sales of public saline lands shall be published in only
two newspapers, one printed in the English language and one in the
Spanish language, at Manila, which shall be designated by said secre-
tary of the interior.
Sec. 59. That no Act granting lands to provinces, districts, or
municipalities to aid in the construction of roads, or for other public
purposes, shall be so construed as to embrace mineral lands, which, in
all cases, are reserved exclusively, unless otherwise specially provided
in the Act or Acts making the grant.
Sec. 60. That nothing in this Act shall be construed to affect the
rights of any person, partnership, or corporation having a valid,
perfected mining concession granted prior to April eleventh, eight-
een hundred and ninety-nine, but all such concessions shall be con-
ducted under the provisions of the law in force at the time they were
granted, subject at all times to cancellation by reason of illegality
in the, procedure by which they were obtained, or for failure to
comply with the conditions prescribed as requisite to their retention
The Philippine Islands— 1902 3183
in the laws under which they were granted : Provided, That the owner
or owners of every such concession shall cause the corners made by
its boundaries to be distinctly marked with permanent monuments
within six months after this Act has been promulgated in the
Philippine Islands, and that any concessions the boundaries of which
are not so marked within this period shall be free and open to ex-
ploration and purchase under the provisions of this Act.
Sec. 61. That mining rights on public lands in the Philippine
Islands shall, after the passage of this Act, be acquired only in
accordance with its provisions.
Sec. 62. That all proceedings for the cancellation of perfected
Spanish concessions shall be conducted in the courts of the Philippine
Islands having jurisdiction of the subject-matter and of the parties,
unless the United States Philippine Commission, or its successors, shall
create special tribunals for the determination of such controversies.
AUTHORITY FOR THE PHILIPPINE ISLANDS GOVERNMENT TO PURCHASE
LANDS OF RELIGIOUS ORDERS AND OTHERS AND ISSUE BONDS FOR PUR-
CHASE PRICE
Sec. 63. That the government of the Pliilippine Islands is hereby
authorized, subject to the limitations and conditions prescribed in
this Act, to acquire, receive, hold, maintain, and convey title to real
and personal property, and may acquire real estate for public uses
by the exercise of the right of eminent domain.
Sec. 64. That the powers hereinbefore conferred in sections sixty-
three may also be exercised in respect of any lands, easements, ap-
purtenances, and hereditaments which, on the thirteenth of August,
eighteen hundred and ninety-eight, were owned or held by associa-
tions, corporations, communities, religious orders, or private indi-
viduals in such large tracts or parcels or in such manner as in the
opinion of the Commission injuriously to affect the peace and wel-
fare of the people of the Philippine Islands. And for the purpose of
providing funds to acquire the lands mentioned in this section said
government of the Philippine Islands is hereby empowered to incur
indebtedness, to borrow money, and to issue, and to sell at not less
than par value, in gold coin of the United States of the present
standard value or the equivalent in value in money of said Islands,
upon such terms and conditions as it may deem best, registered or
coupon bonds of said government for such amount as may be neces-
sary, said bonds to be in denominations of fifty dollars or any
multiple thereof, bearing interest at a rate not exceeding four and
a half per centum per annum, payable quarterly, and to be payable
at the pleasure of said government after dates named in said bonds
not less than five nor more than thirty years from the date of their
issue, together with interest thereon, in gold coin of the United States
of the present standard value or the equivalent in A^alue in money of
said Islands; and said bonds shall be exempt from the payment of
all taxes or duties of said government, or any local authority therein,
or of the (lovernment of the United States, as well as from taxation
in any form by or under State, municipal, or local authority in the
United States or the Philippine Islands. The moneys which may be
realized or received from the issue and sale of said bonds shall be ap-
3184 The Philippine Islands— 1902
plied by the government of the Philippine Islands to the acquisition
of the property authorized by this section, and to no other purposes.
Sec. 65. That all lands acquired by virtue of the preceding section
shall constitute a part and portion of the public property of the gov-
ernment of the Philippine Islands, and may be held, sold, and con-
veyed, or leased temporarily for a period not exceeding three years
after their acquisition by said government on such terms and condi-
tions as it may prescribe, subject to the limitations and conditions
provided for in this Act : Provided, That all deferred payments and
the interest thereon shall be payable in the money prescribed for the
payment of principal and interest of the bonds authorized to be
issued in payment of said lands by the preceding section and said
deferred payments shall bear interest at the rate borne by the bonds.
All moneys realized or received from sales or other disposition of
said lands or by reason thereof shall constitute a trust fund for the
payment of principal and interest of said bonds, and also constitute
a sinking fund for the payment of said bonds at their maturity.
Actual settlers and occupants at the time said lands are acquired by
the government shall have the preference over all others to lease,
purchase, or acquire their holdings within such reasonable time as
may be determined by said government.
MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS
Sec. 66. That for the purpose of providing funds to construct
sewers, to furnish adequate sewer and drainage facilities, to secure
a sufficient supply of water, and to provide all kinds of municipal
betterments and improvements in municipalities, the government of
the Philippine Islands, under such limitations, terms, and conditions
as it may prescribe, with the consent and approval of the President
and the Congress of the United States, may permit any municipality
of said islands to incur indebtedness, borrow money, and to issue and
sell (at not less than par value in gold coin of the United States)
registered or coupon bonds in such amount and payable at such time
as may be determined by the government of said islands, with inter-
est thereon not to exceed five per centum per annum : Provided, That
the entire indebtedness of any municipality under this section shall
not exceed five per centum of the assessed valuation of the property
in said municipality, and any obligation in excess of such limit shall
be null and void.
Sec. 67. That all municipal bonds shall be in denominations of fifty
dollars, or any multiple thereof, bearing interest at a rate not exceed-
ing five per centum per annum, payable quarterly, such bonds to be
payable at the pleasure of the government of the Philippine Islands,
after dates named in said bonds not less than five nor more than
thirty years from the date of their issue, together with the interest
thereon, in gold coin of the United States of the present standard
value, or its equivalent in value in money of the said Islands; and
said bonds shall be exempt from the payment of all taxes or duties
of the government of the Philippine Islands, or any local authority
therein, or the Government of the United States.
Sec. 68. That all moneys which may be realized or received from
the issue and sale of said iDonds shall be utilized under authorization
The Philippine Islands— 1902 3185
of the government of the Philippine Islands in providing the munici-
pal improvements and betterment which induced the issue and sale of
said bonds, and for no other purpose.
Sec. G9. That the government of the Philippine Islands shall, by
the levy and collection of taxes on the municipality, its inhabitants
and their property, or by other means, make adequate provision to
meet the obligation of the bonds of such municipality, and shall create
a sinking fund sufficient to retire them and pay the interest thereon in
accordance with the terms of issue: Provided^ That if said bonds
or any portion thereof shall be paid out of the funds of the govern-
ment of said islands, such municipality shall reimburse said govern-
ment for the sum thus paid, and said government is hereby empowered
to collect said sum by the levy and collection of taxes on such munici-
pality.
Sec. 70. That for the purpose of providing funds to construct
sewers in the city of Manila and to furnish it with an adequate sewer
and drainage system and supply of water the government of the
Philippine Islands, with the approval of the President of the United
States first had, is hereby authorized to permit the city of Manila to
incur indebtedness, to borrow money, and to issue and sell (at not less
than par value in gold coin of the United States), upon such terms
and conditions as it may deem best, registered or coupon bonds of the
city of Manila to an amount not exceeding four million dollars lawful
money of the United States, payable at such time or times as may be
determined by said government, with interest thereon not to exceed
five per centum per annum.
Sec. 71. That said coupon or registered bonds shall be in denomi-
nations of fifty dollars or any multiple thereof, bearing interest at a
rate not exceeding five per centum per annum, payable quarterly, such
bonds to be payable at the pleasure of the government of the Philip-
pine Islands, after dates named in said bonds not less than ^\^ nor
more than thirty years from the date of their issue, together with the
interest thereon in gold coin of the United States of the present stand-
ard value, or the equivalent in value in money of the said Islands;
and said bonds shall be exempt from the payment of all taxes or
duties of the government of the said Islands, or of any local authoritv
therein, or of the Government of the United States.
Sec. 72. That all moneys which may be realized or received from
the issue and sale of said bonds shall be utilized under authorization
of said government of the Philippine Islands in providing a suitable
sewer and drainage system and adequate supply of water for the city
of Manila and for no other purpose.
Sec. 73. That the government of the Philippine Islands shall, by
the levy and collection of taxes on the city of Manila, its inhabitants
and their property, or by other means, make adequate provision to
meet the obligation of said bonds and shall create a sinking fund
sufficient to retire them and pay the interest thereon in accordance
with the terms of issue: Provided, That if said bonds or any portion
thereof shall be paid out of the funds of the government of said
islands, said city shall reimburse said government for the sum thus
paid, and said government is hereby empowered to collect said sum
by the levy and collection of taxes on said city.
3186 The Philippine Islands— 190^
FRANCHISES
Sec. 74. That the government of the Philippine Islands may grant
franchises, privileges, and concessions, including the authority to ex-
ercise the right of eminent domain for the construction and opera-
tion of works of public utility and service, and may authorize said
works to be constructed and maintained over and across the public
property of the United States, including streets, highways, squares,
and reservations, and over similar property of the government of said
Islands, and may adopt rules and regulations imder which the pro-
vincial and municipal governments of the islands may grant the right
to use and occupy such public property belonging to said provinces or
municipalities: Provided^ That no private property shall be taken
for any purpose under this section without just compensation paid
or tendered therefor, and that such authority to take and occupy land
shall not authorize the taking, use, or occupation of any land except
such as is required for the actual necessary purposes for which the
franchise is granted, and that no franchise, privilege, or concession
shall be granted to any corporation except under the conditions that
it shall be subject to amendment, alteration, or repeal by the Congress
of the United States, and that lands or rights of use and occupation
of lands thus granted shall revert to the governments by which they
were respectively granted upon the termination of the franchises and
concessions under which they were granted or upon their revocation
or repeal. That all franchises, privileges, or concessions granted
under this Act shall forbid the issue of stock or bonds except in ex-
change for actual cash, or for property at a fair valuation, equal to
the par value of the stock or bonds so issued ; shall forbid the declar-
ing of stock or bond dividends, and, in the case of public-service
corporations, shall provide for the effective regulation of the charges
thereof, for the official inspection and regulation of the books and ac-
counts of such corporations, and for the payment of a reasonable
percentage of gross earnings into the treasury of the Philippine
Islands or of the province or municipality within which such fran-
chises are granted and exercised : Provided further^ That it shall be
unlawful for any corporation organized under this Act, or for any
person, company, or corporation receiving any grant, franchise, or
concession from the government of said Islands, to use, employ, or
contract for the labor of persons claimed or alleged to be held in
involuntary servitude; and any person, company, or corporation so
violating the provisions of this Act shall forfeit all charters, grants,
franchises, and concessions for doing business in said Islands, and in
addition shall be deemed guilty of an offense, and shall be punished
by a fine of not less than ten thousand dollars.
Sec. 75. That no corporation shall be authorized to conduct the
business of buying and selling real estate or be permitted to hold or
own real estate except such as may be reasonably necessary to enable
it to carry out the purposes for which it is created, and every corpora-
tion authorized to engage in agriculture shall by its charter be
restricted to the ownership and control of not to exceed one thousand
and twenty-four hectares of land; and it shall be unlawful for any
member of a corporation engaged in agriculture or mining and for
any corporation organized for any purpose except irrigation to be
in any wise interested in any other corporation engaged in agricul-
The Philippine Islands— 1902 3187
ture or in mining. Corporations, however, may loan funds upon
real-estate security and purchase real estate when necessary for the
collection of loans, but they shall dispose of real estate so obtained
within five years after receiving the title. Corporations not organ-
ized in the Philippine Islands, and doing business therein, shall be
bound by the provisions of this section so far as they are applicable.
COINAGE
Sec. 76. That the government of the Philippine Islands is hereby
authorized to establish a mint at the city of Manila, in said islands,
for coinage purposes, and the coins hereinafter authorized may be
coined at said mint. And the said government is hereby authorized
to enact laws necessary for such establishment: Provided^ That the
laws of the United States relating to mints and coinage, so far as
applicable, are hereby extended to the coinage of said islands.
Sec. 77. That the government of the Philippine Islands is author-
ized to coin, for use in said islands, a coin of the denomination of
fifty centavos and of the weight of one hundred and ninety-two and
nine-tenth grains, a coin of the denomination of twenty centavos and
of the weight of seventy-seven and sixteen one-hundredths grains,
and a coin of the denomination of ten centavos and of the weight of
thirty-ei^ht and fifty -eight one-hundredths grains, and the standard
of said silver coins shall be such that of one thousand parts by weight
nine hundred shall be of pure metal and one hundred of alloy, and
the alloy shall be of copper.
Sec. 78. That the subsidiary silver coins authorized by the preced-
ing section shall be coined under the authority of tlie government of
the Philippine Islands in such amounts as it may determine, with the
approval of the Secretary of War of the United States, from silver
bullion purchased b}^ said government, with the approval of the Sec-
retary of War of the United States: Provided, That said government
may in addition and in its discretion recoin the Spanish Filipino dol-
lars and subsidiary silver coins issued under the authority of the
Spanish Government for use in said islands into the subsidiary coins
provided for in the preceding section at such rate and under such
regulations as it may prescribe, and the subsidiary silver coins
authorized by this section shall be legal tender in said islands to the
amount of ten dollars.
Sec. 79. That the government of the Philippine Islands is also
authorized to issue minor coins of the denominations of one-half cen-
tavo, one centavo, and five centavos, and such minor coins shall be
legal tender in said islands for amounts not exceeding one dollar.
The alloy of the five-centavo piece shall be of copper and nickel, to
be composed of three-fourths copper* and one-fourth nickel. The
alloy or the one-centavo and one-half-centavo pieces shall be ninety-
five per centum of copper and five per centum of tin and zinc, in such
proportions as shall be determined by said government. The weight
of the five-centavo piece shall be seventy-seven and sixteen-hun-
dredths grains troy, and of the one-centavo piece eighty grains troy,
and of the one-half-centavo piece forty grains troy.
Sec. 80. That for the purchase of metal for the subsidiary and
minor coinage, authorized by the preceding sections, an appropria-
tion may be made by the government of the Philippine Islands from
7254— VOL 5—09 42
3188 The Philippine Islands~1902
its current funds, which shall be reimbursed from the coinage under
said sections; and the gain or seigniorage arising therefrom shall be
paid into the treasury of said Islands.
Sec. 81. That the subsidiary and minor coinage hereinbefore au-
thorized may be coined at the mint of the government of the Phil-
ippine Islands at Manila, or arrangements may be made by the said
government with the Secretary of the Treasury of the United States
for their coinage at any of the mints of the United States, at a charge
covering the reasonable cost of the work.
Sec. 82. That the subsidiary and minor coinage hereinbefore au-
thorized shall bear devices and inscriptions to be prescribed by the
government of the Philippine Islands and such devices and inscrip-
tions shall express the sovereignty of the United States, that it is a
coin of the Philippine Islands, the denomination of the coin, and the
year of the coinage.
Sec. 83. That the government of the Philippine Islands shall have
the power to make all necessary appropriations and all proper regu-
lations for the redemption and reissue of worn or defective coins and
for carrying out all other provisions of this Act relating to coinage.
Sec. 84. That the laws relating to entry, clearance, and manifests
of steamships and other vessels arriving from or going to foreign
ports shall apply to voyages each way between the Philippine Islands
and the United States and the possessions thereof,. and all laws relat-
ing to the collection and protection of customs duties not inconsistent
with the Act of Congress of March eighth, nineteen hundred and two,
"temporarily to provide revenue for the Philippine Islands," shall
apply in the case of vessels and goods arriving from said Islands in
the United States and its aforesaid possessions.
The laws relating to seamen on foreign voyages shall apply to sea-
men on vessels going from the United States and its possessions afore-
said to said Islands, the customs officers there being for this purpose
substituted for consular officers in foreign ports.
The provisions of chapters six and seven, title forty-eight, Revised
Statutes, so far as now in force, and any amendments thereof, shall
apply to vessels making voyages either way between ports of the
United States or its aforesaid possessions and ports in said Islands;
and the provisions of law relating to the public health and quarantine
shall apply in the case of all vessels entering a port of the United
States or its aforesaid possessions from said Islands, where the cus-
toms officers at the port of departure shall perform the duties re-
quired by such law of consular officers in foreign ports.
Section three thousand and five. Revised Statutes, as amended, and
other existing laws concerning the transit of merchandise through the
United States, shall apply to merchandise arriving at any port of the
United States destined for any of its insular and continental posses-
sions, or destined from any of them to foreign countries.
Nothing in this Act shall be held to repeal or alter any part of the
Act of March eighth, nineteen hundred and two, aforesaid, or to ap-
ply to Guam, Tutuila, or Manua, except that section eight of an Act
entitled "An Act to revise and amend the tariff laws of the Philippine
Archipelago," enacted by the Philippine Commission on the seven-
teenth x)f September, nineteen hundred and one, and approved by an
The Philippine Islands— 1902 3189
Act entitled ''An Act temporarily to provide revenues for the Philip-
pine Islands, and for other purposes, approved March eighth, nine-
teen hundred and two, is hereby amended so as to authorize the Civil
Governor thereof in his discretion to establish the equivalent rates of
the money in circulation in said Islands with the money of the United
States as often as once in ten days.
Sec. 85. That the treasury of the Philippine Islands and such bank-
ing associations in said islands with a paid up capital of not less than
two million dollars and chartered by the United States or any State
thereof as may be designated by the Secretary of War and the Secre-
tary of the Treasury of the United States shall be depositories of
public money of the United States, subject to the provisions of exist-
mg law governing such depositories in the United States: Provided^
That the treasury of the government of said islands shall not be re-
quired to deposit bonds in the Treasury of the United States, or to
give other specific securities for the safe-keeping of public money ex-
cept as prescribed, in his discretion, by the Secretary of War.
Sec. 86. That all laws passed by the goA^ernment of the Philippine
Islands shall be reported to Congress, which hereby reserves the
power and authority to annul the same, and the Philippine Com-
mission is hereby directed to make annual report of all its receipts
and expenditures to the Secretary of War.
BUREAU OF INSULAR AFFAIRS
Sec. 87. That the Division of Insular Affairs of the War Depart-
ment, organized by the Secretary of War, is hereby continued until
otherwise provided, and shall hereafter be known as the Bureau of
Insidar Affairs of the War Department. The business assigned to
said Bureau shall embrace all matters pertaining to civil government
in the island possessions of the United States subject to the jurisdic-
tion of the War Department; and the Secretary of War is hereby
authorized to detail an officer of the Army whom he may consider
e^ecially w^ell qualified, to act under the authority of the Secretary
of War as the chief of said Bureau; and said officer while acting
under said detail shall have the rank, pay, and allowances of a colonel.
Sec. 88. That all Acts and parts of Acts inconsistent with this Act
are hereby repealed.
Approved, July 1, 1902.
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