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Full text of "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"

Digitized by the Internet Archive 

in 2008 with funding from 

IVIicrosoft Corporation 



http://www.archive.org/details/federalstatecons05thoruoft 



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 : 

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 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 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, e very 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 n o freeman s hall be put to answer any criminal charge, 
but by indictment, presentment, or impeachment. 

IX. That no freeman s hall 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 

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 a