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THE  FEDERAL  AND  STATE 

CONSTITUTIONS 

COLONIAL  CHARTERS,  AND  OTHER 
ORGANIC  LAWS 

OF  THE 

STATES,  TERRITORIES,  AND 
COLONIES 

NOW  OR  HERETOFORE  FORMING 

THE  UNITED  STATES  OF  AMERICA 


Compiled  and  Edited 
under  the  Act  of  Congress  of  June  30,  1906 

By 
FRANCIS  NEWTON  THORPE,  Ph.  D.,  LL.  D. 

Member  of  the  Pennsylvania  Bar;  Fellow  and  Professor  of  American  Constitu- 
tional History  at  the  University  of  Pennsylvania,  1885-1898;  Member  of 
the  American  Historical  Association;  Author  of  The  Constitutional  History 
of  the  United  States,  1765-1895;  A  (State)  Constitutional  History  of 
the  American  People,  1776-1850;  A  Short  Constitutional  History 
of  the  United  States;  A  (Social  and  Economic)  History  of  the 
American  People;  A  History  of  the  Civil  War;  Editor  of  the  His- 
tory of  North  America,  Volumes  IX,  XV,  XVI,  XVHI,  XIX, 
XX;   Author  of  The  Government  of  the  People  of  the 
United  States;  Benjamin  Franklin  and  the  University 
of  Pennsylvania;  The  Life  of  William  Pepper,  etc. 


VOL.  V 


/>-f^-"' 


New  Jersey— Philippine  Islands        .^oJ 


f7 


f 


WASHINGTON 

GOVERNMENT   PRINTING  OFFICE 

1909 


4-S30 


NEW  JERSEY 


For  organic  acts  relating  to  the  lands  now  included  within  New  Jersey  see 
in  other  parts  of  this  worli  : — 

Virginia  Charter  of  1606  (Virginia,  p.  3783). 

Council  for  New  England,  1620  (Massachusetts,  i).  1827). 

Dutch  West  India  Company,  1621  (p.  59). 

Grant  to  Duke  of  York,  1664  (Maine,  p.  1637). 

Grant  to  Duke  of  York,  1674  (Maine,  p.  1641). 

THE  DUKE  OF  YORK'S  RELEASE  TO  JOHN  LORD  BERKELEY,  AND 
SIR  GEORGE  CARTERET,  24TH  OF  JUNE,  1664 « 

This  indenture  made  the  four  and  twentieth  day  of  June,  in  the 
sixteenth  year  of  the  reign  of  our  sovereign  Lord,  Charles  the  Second, 
by  the  grace  of  God  of  England,  Scotland,  France  and  Ireland,  King 
Defender  of  the  Faith,  &c.,  Annoq.  Domini,  1664.  Between  His 
Royal  Highness,  James  Duke  of  York,  and  Albany,  Earl  of  Ulster, 
Lord  High  Admiral  of  England,  and  Ireland,  Constable  of  Dover 
Castle,  Lord  Warden  of  the  Cinque  ports,  and  Governor  of  Ports- 
mouth, of  the  one  part:  John  Lord  Berkeley,  Baron  of  Stratton, 
and  one  of  His  Majesty's  most  Honourable  Privy  Council,  and  Sir, 
George  Carteret  of  Saltrum,  in  the  County  of  Devon,  Knight  and  one 
of  His  Majesty's  most  Honourable  Privy  Council  of  the  other  part: 
AVhereas  his  said  Majesty  King  Charles  the  Second,  by  his  Letters 
Patents  under  the  Great  Seal  of  England,  bearing  date  on  or  about 
the  twelfth  day  of  March,  in  the  sixteenth  year  of  his  said  Majesty's 
reign,  did  for  the  consideration  therein  mentioned,  give  and  grant 
unto  his  said  Royal  Highness  James,  Duke  of  York,  his  heirs  and 
assigns,  all  that  part  of  the  main  land  of  New  England,  beginning  at 
a  certain  place  called  or  known  by  the  name  of  St.  Croix  next  adjoin- 
ing to  New  Scotland  in  America;  and  from  thence  extending  along 
the  sea  coast  unto  a  certain  place  called  Pemaquie  or  Pemaquid,  and 
so  by  the  river  thereof  to  the  furthest  head  of  the  same  as  it  tendeth 
northward ;  and  extending  from  thence  to  the  river  of  Kenebeque,  and 
so  upAvards  by  the  shortest  course  to  the  river  Canady  northwards; 
and  also  all  that  island  or  islands  commonly  called  by  the  several 
name  or  names  of  Matowacks  or  Long  Island,  situate  and  being 
towards  the  west  of  Cape  Codd  and  the  Narrow  Higansetts,  abutting 
upon  the  main  land  between  the  two  rivers  there,  called  or  known  by 
the  several  names  of  Connecticut,  and  Hudson's  river;  together  also 
with  the  said  river  called  Hudson's  river,  and  all  the  land  from  the 
west  side  of  the  Connecticut  river  to  the  east  side  of  the  Delaware 

a  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.,  pp.  8-11. 

2633 


2534  New  Jersey— 1664 

Bay :  and  also  several  other  islands  and  lands  in  said  Letters  Patents 
mentioned,  together  with  the  rivers,  harbours,  mines,  minerals,  quar- 
ries, woods,  marshes,  waters,  lakes,  fishing,  hawkings,  huntings,  and 
fowling,  and  all  other  royalties,  profits,  commodities  and  heridita- 
-ments  to  the  said  several  islands  lands  and  premises  belonging  and 
appertaining,  to  have  and  to  hold  the  said  lands,  islands,  heredita- 
ments and  premises,  with  their  and  every  of  their  appurtenances,  unto 
his  said  Royal  Hiness  James  Duke  of  York,  his  heirs  and  assigns  for 
ever;  to  be  holden  of  his  said  Majesty,  his  heirs  and  successors,  as  of 
the  manner  of  East  Greenwich,  in  the  County  of  Kent,  in  free  and 
common  soccage,  yielding  and  rendering  unto  his  said  Majesty  his 
heirs  and  successors  of  and  for  the  same,  yearly  and  every  year,  forty 
beaver  skins,  when  they  shall  be  demanded,  or  within  ninety  days 
after;  with  divers  other  grants,  clauses,  provisos,  and  agreements,  in 
the  said  recited  Letters  Patents  contained,  as  by  the  said  Letters  Pat- 
ents, relation  being  thereunto  had,  it  doth  and  may  more  plainly  and 
at  large  appear.  Noav  this  Indenture  witnesseth,  that  his  said  Royal 
Highness  James  Duke  of  York,  for  and  in  consideration  of  a  com- 
petent sum  of  good  and  lawful  money  of  E-ngland  to  his  said  Royal 
Highness  James  Duke  of  York  in  hand  paid  by  the  said  John  Lord 
Berkley  and  Sir  George  Carteret,  before  the  sealing  and  delivery  of 
these  presents,  the  receipt  whereof  the  said  James  Duke  of  York,  doth 
hereby  acknowledge,  and  thereof  doth  acquit  and  discharge  the  said 
John  Lord  Berkley  and  Sir  George  Carteret  forever  by  these  presents 
hath  granted,  bargained,  sold,  released  and  confirmed,  and  by  these 
presents  doth  grant,  bargain,  sell,  release  and  confirm  unto  the  said 
John  Lord  Berkley  and  Sir  George  Carteret,  their  heirs  and  assigns 
for  ever,  all  that  tract  of  land  adjacent  to  New  England,  and  lying 
and  being  to  the  westward  of  Long  Island,  and  Manhitas  Island  and 
bounded  on  the  east  part  by  the  main  sea,  and  part  by  Hudson's  river, 
and  hath  upon  the  west  Delaware  bay  or  river,  and  extendeth  south- 
ward to  the  main  ocean  as  far  as  Cape  May  at  the  mouth  of  the  Dela- 
ware bay ;  and  to  the  northward  as  far  as  the  northermost  branch  of 
the  said  bay  or  river  of  Delaware,  which  is  forty-one  degrees  and 
forty  minutes  of  latitude,  and  crosseth  over  thence  in  a  strait  line  to 
Hudson's  river  in  forty-one  degrees  of  latitude;  which  said  tract  of 
land  is  hereafter  to  be  called  by  the  name  or  names  of  New  Caeserea 
or  New  Jersey :  and  also  all  rivers,  mines,  mineralls,  woods,  fishings, 
hawking,  hunting,  and  fowling,  and  all  other  royalties,  profits,  com- 
modities, and  hereditaments  whatever,  to  the  said  lands  and  premises 
belonging  or  in  any  wise  appertaining ;  with  their  and  every  of  their 
appurtenances,  in  as  full  and  ample  manner  as  the  same  is  granted  to 
the  said  Duke  of  York  by  the  before-recited  Letters  Patents ;  and  all 
the  estate,  title,  interest,  benefit  advantage,  claim  and  demand  of  the 
said  James  Duke  of  York,  of  in  or  to  the  said  and  premises, 

or  any  part  or  parcel  thereof,  and  the  reversion  and  reversions,  re- 
mainder and  remainders  thereof :  All  of  which  said  tract  of  land  and 
premises  were  by  indenture,  bearing  date  the  day  before  the  date 
hereof,  bargain'd  and  sold  by  the  said  James-  Duke  of  York,  unto  the 
said  John  Lord  Berkeley  and  Sir  George  Carteret,  for  the  term,  of  one 
whole  year  to  commence  from  the  first  day  of  May  last  past,  before 
the  date  thereof,  under  the  rent  of  a  peper  corn,  payable  as  therein 
is  mentioned  as  by  the  said  deed  more  plainly  may  appear :  by  force 


New  Jersey— 1664  2535 

and  virtue  of  which  said  indenture  of  bargain  and  sale,  and  of  the 
statute  for  transferring  of  uses  into  possession,  the  said  John  Lord 
Berkley  and  Sir  George  Carteret,  are  in  actual  possession  of  the  said 
tract  of  land  and  premises,  and  enabled  to  take  a  grant  and  release 
thereof,  the  said  lease  being  made  to  that  end  and  purpose,  to  have 
and  to  hold  all  and  singular  the  said  tract  of  land  and  premises ;  with 
their,  and  every  of  their  appurtenances,  and  every  part  and  parcel 
thereof,  unto  the  said  John  Lord  Berkeley  and  Sir  George  Carteret, 
their  heirs  and  assigns  for  ever,  to  the  only  use  and  behoof  of  the  said 
John  Lord  Berkeley  and  Sir  George  Carteret  their  heirs  and  assigns 
for  ever ;  yielding  and  rendering  therefore  unto  the  said  James  Duke 
of  York,  his  heirs  and  assigns,  for  the  said  tract  of  land  and  premises, 
yearly  and  every  year  the  sum  of  twenty  nobles  of  lawful  money  of 
England,  if  the  same  shall  be  lawfully  demanded  at  or  in  the  Inner 
Temple  Hall,  London,  at  the  Feast  of  St.  Michael  the  Arch  Angel 
yearly.  And  the  said  John  Lord  Berkley  and  Sir  George  Carteret 
for  themselves  and  their  heirs,  covenant  and  grant  to  and  with  the 
said  James  Duke  of  York,  his  heirs  and  assigns  by  these  presents,  that 
they  the  said  John  Lord  Berkley  and  Sir  George  Carteret,  their  heirs 
and  assigns,  shall  and  will  w^ell  and  truly  pay  or  cause  to  be  paid  unto 
the  said  James  Duke  of  York,  his  heirs  and  assigns,  the  said  yearly 
rent  of  twenty  nobles  at  such  time  and  place,  and  in  such  manner  and 
form  as  before  in  these  presents  is  expressed  and  delivered.  In  wit- 
ness whereof  the  parties  aforesaid  to  these  presents  have  interchange- 
ably set  their  hands  and  seals,  the  day  and  year  first  above  written. 

James. 
Sign'd,  seal'd  and  deliver'd  in  the  presence  of 

William  Covenrye, 

Thomas  Heywood. 


THE  CONCESSION  AND  AGREEMENT  OF  THE  LORDS  PROPRIETORS 
OF  THE  PROVINCE  OF  NEW  CAESAREA,  OR  NEW  JERSEY,  TO 
AND  WITH  ALL  AND  EVERY  THE  ADVENTURERS  AND  ALL 
SUCH  AS  SHALL  SETTLE  OR  PLANT  THERE— 1664  « 

Imprimus.  We  do  consent  and  agree,  that  the  Governor  of  the  said 
Province  hath  power,  by  the  advice  of  his  Council,  to  depute  one  in 
his  place  and  authority,  in  case  of  death  or  removal,  to  continue  until 
our  further  order,  unless  we  have  commissionated  one  before. 

Item.  That  he  hath  likewise  power  to  make  choice  of  and  to  take 
to  him  six  councellors  at  least,  or  twelve  at  most,  or  any  even  number 
between  six  and  twelve,  with  whose  advice  and  consent,  or  with  at 
least  three  of  the  six,  or  four  of  a  greater  number  (all  being  sum- 
mon'd)  he  is  to  govern  according  to  the  limitations  and  instructions 
following,  during  our  pleasure. 

Item.  That  the  chief  Secretary  or  register  which  we  have  chosen, 
or  shall  choose,  (we  failing)  that  he  shall  choose,  shall  keep  exact 
entries  in  fair  books  of  all  publick  affairs :  and  to  avoid  deceits  and 
lawsuits,  shall  record  and  enter  all  grants  of  land  from  the  lords  to 

o  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer, 
2d  Ed.,  pp.  12-26. 


2536  New  Jersey— 1664 

the  planters ;  and  all  conveyances  of  land,  house  or  houses  from  man 
to  man,  as  also  all  leases  for  land,  house  or  houses,  made  or  to  be 
made  by  the  landlord  to  any  tenant  for  more  than  one  year;  which 
conveyance  or  lease  shall  be  first  acknowledged  by  the  grantor  or 
leasor,  or  proved  by  the  oath  of  two  witnesses  to  the  lease  or  convey- 
ance, before  the  Governor  or  some  chief  judge  of  a  court  for  the  time 
being,  who  shall  under  his  hand  'on  the  backside  of  the  said  deed  or 
lease,  attest  the  acknowledgment  or  proof  as  aforesaid;  which  shall 
be  a  warrant  for  the  register  to  record  the  same:  which  conveyance 
so  recorded  shall  be  good  and  effectual  in  law,  notwithstanding  any 
other  conveyance,  deed  or  lease  for  the  said  land,  house  or  houses,  or 
for  any  part  thereof,  altho'  dated  before  the  conveyance,  deed  or 
lease,  recorded  as  aforesaid:  And  the  said  register  shall  do  all  other 
thing  or  things  that  we  by  our  instructions  shall  direct,  and  the  Gov- 
ernor, Council  and  General  Assembly  shall  ordain  for  the  good  and 
welfare  of  the  said  Province. 

Item.  That  the  Surveyor  General,  that  we  have  chosen  or  shall 
choose,  (we  failing  that  the  Governor  shall  choose)  shall  have  power 
by  himself  or  deputy,  to  survey,  lay  out  and  bound  all  such  lands  as 
shall  be  granted  from  the  lords  to  the  planters;  and  all  other  lands 
within  the  said  Province  which  may  concern  particular  men  as  he 
shall  be  desired  to  do,  and  a  particular  thereof  certify  to  the  register 
to  be  recorded  as  aforesaid.  Provided,  that  if  the  said  register  and 
surveyor,  or  either  of  them,  shall  misbehave  themselves,  as  that  the 
Governor  and  Council  or  Deputy  Governor  and  Council,  or  the  major 
part  of  them,  shall  find  it  reasonable  to  suspend  their  actings  in  their 
respective  employments,  it  shall  be  lawful  for  them  so  to  do,  until 
further  orders  from  us. 

Item.  That  the  Governor,  Councellors,  Assembly  Men,  Secretary, 
Surveyor,  and  all  other  officers  of  trust,  shall  swear  or  subscribe  (in  a 
book  to  be  provided  for  that  purpose)  that  they  will  bear  true 
allegiance  to  the  King  of  England,  his  heirs  and  successors ;  and  that 
they  will  be  faithful  to  the  interests  of  the  Lords  Proprietors  of  the 
said  Province  and  their  heirs,  executors  and  assigns;  and  endeavour 
the  peace  and  welfare  of  the  said  Province ;  and  that  they  will  truly 
and  faithfully  discharge  their  respective  trust  in  their  respective 
offices,  and  do  equal  justice  to  all  men,  according  to  their  best  skill 
and  judgment,  without  corruption,  favour  or  affection ;  and  the  names 
of  all  that  have  sworn  or  subscribed,  to  be  entered  in  a  book.  And 
whosoever  shall  subscribe  and  not  swear,  and  shall  violate  his  promise 
in  that  subscription,  shall  be  liable  to  the  same  punishment  that  the 
persons  are  or  may  be  that  have  sworn  and  broken  their  oaths. 

Item.  That  all  persons  that  are  or  shall  become  subjects  of  the 
King  of  England,  and  swear,  or  subscribe  allegiance  to  the  King,  and 
faithfulness  to  the  lords,  shall  be  admitted  to  plant  and  become  free- 
men of  the  said  Pl-ovince,  and  enjoy  the  freedoms  and  immunities 
hereafter  express'd,  until  some  stop  or  contradiction  be  made  by  us 
the  "Lords,  or  else  the  Governor,  Council  and  Assembly,  which  shall 
be  in  force  until  the  Lords  see  cause  to  the  contrary :  provided  that 
such  stop  shall  not  any  ways  prejudice  the  right  or  continuance  of 
any  person  that  have  been  receiv'd  before  such  stop  or  orders  come 
from  the  General  Assembly. 


New  Jersey— 1664  2537 

Item.  That  no  person  qualified  as  aforesaid  within  the  said  Prov- 
ince, at  any  time  shall  be  any  ways  molested,  punished,  disquieted  or 
called  in  question  for  any  difference  in  opinion  or  practice  in  matter 
of  religious  concernments,  who  do  not  actually  disturb  the  civil  peace 
of  the  said  Province ;  but  that  all  and  every  such  person  and  persons 
may  from  time  to  time,  and  at  all  times,  freely  and  fully  have  and 
enjoy  his  and  their  judgments  and  consciences  in  matters  of  religion 
throughout  the  said  Province  they  behaving  themselves  peaceably  and 
quietly,  and  not  using  this  liberty  to  licentiousness,  nor  to  the  civil 
injury  or  outward  disturbance  of  others;  any  law,  statute  or  clause 
contained,  or  to  be  contained,  usuage  or  custom  of  this  realm  of 
England,  to  the  contrary  thereof  in  any  wise  notwithstanding. 

Item.  That  no  pretence  may  be  taken  by  our  heirs  or  assigns  for 
or  by  reason  of  our  right  of  patronage  and  power  of  advouson, 
granted  by  his  Majesty's  Letter's  Patents,  unto  his  Eoyal  Highness 
James  Duke  of  York,  and  by  his  said  Eoyal  Highness  unto  us, 
thereby  to  infringe  the  general  clause  of  liberty  of  conscience,  afore- 
mentioned: we  do  hereby  grant  unto  the  General  Assembly  of  the 
said  Province,  power  by  act  to  constitute  and  appoint  such  and  so 
many  ministers  or  preachers  as  they  shall  think  fit,  and  to  establish 
their  maintenance,  giving  liberty  beside  to  any  person  or  persons  to 
keep  and  maintain  what  preachers  or  ministers  they  please. 

Item.  That  the  inhabitants  being  freemen,  or  chief  agents  to 
others  of  the  Province  aforesaid ;  do  as  soon  as  this  our  commission 
shall  arrive,  by  virtue  of  a  writ  in  our  names  by  the  Governor  to  be 
for  the  present  (until  our  seal  comes)  sealed  and  signed,  make  choice 
of  twelve  deputies  or  representatives  from  amongst  themselves ;  who 
bein^  chosen  are  to  join  with  the  said  Governor  and  council  for  the 
makmg  of  such  laws,  ordinances  and  constitution  as  shall  be  neces- 
sary for  the  present  good  and  welfare  of  the  said  Province.  But  so 
soon  as  parishes,  divisions,  tribes  and  other  distinctions  are  made, 
that  then  the  inhabitants  or  freeholders  of  the  several  respective 
parishes,  tribes,  divisions  and  distinctions  aforesaid,  do  by  our  writts, 
under  our  seals,  (which  we  ingage,  shall  be  in  due  time  issued) 
annually  meet  on  the  first  day  of  January,  and  choose  freeholders  for 
each  respective  division,  tribe  or  parish  to  be  the  deputies  or  repre- 
sentatives of  the  same:  which  body  of  representatives  or  the  major 
part  of  them,  shall,  with  the  Governor  and  council  aforesaid,  be  the 
General  Assembly  of  the  said  Province,  the  Governor  or  his  deputy 
being  present,  unless  they  shall  wilfully  refuse,  in  which  case  they 
may  appoint  themselves  a  president,  during  the  absence  of  the  Gov- 
ernor or  the  deputy  Governor. 


First.  To  appoint  their  own  time  of  meeting  and  to  adjourn  their 
sessions  from  time  to  time  to  such  times  and  places  as  they  shall  think 
convenient;  as  also  to  ascertain  the  number  of  their  quorum;  pro- 
vided that  such  numbers  be  not  less  than  the  third  part  of  the  whole, 
in  whom  (or  more)  shall  be  the  full  power  of  the  General  Assembly. 

II.  To  enact  and  make  all  such  laws,  acts  and  constitutions  as  shall 
be  necessary  for  the  well  government  of  the  said  Province,  and  them 


2538  New  Jersey— 1664 

to  repeal :  provided,  that  the  same  be  consonant  to  reason,  and  as  near 
as  may  be  conveniently  agreeable  to  the  laws  and  customs  of  his 
majesty's  kingdom  of  England:  provided  also,  that  they  be  not 
against  the  interest  of  us  the  Lords  Proprietors,  our  heirs  or  assigns, 
nor  any  of  those  our  concessions,  especially  that  they  be  not  repug- 
nant to  the  article  for  liberty  of  conscience  above-mentioned :  which 
laws  so  made  shall  receive  publication  from  the  Governor  and  council 
(but  as  the  laws  of  us  and  our  General  Assembly)  and  be  in  force 
for  the  space  of  one  year  and  no  more,  unless  contradicted  by  the 
Lords  Proprietors,  within  which  time  they  are  to  be  presented  to  us, 
our  heirs,  &c.  for  our  ratification;  and  being  confirmed  hj  us,  they 
shall  be  in  continual  force  till  expired  by  their  own  limitation,  or  by 
act  of  repeal  in  like  manner  to  be  passed  (as  aforesaid)  and  con- 
firmed. 

III.  By  act  as  aforesaid,  to  constitute  all  courts,  together  with  the 
limits,  powers  and  jurisdictions  of  the  same;  as  also  the  several  offices 
and  number  of  officers  belonging  to  each  court,  with  their  respective 
salaries,  fees  and  perquisites;  their  appellations  and  dignities,  with 
the  penalties  that  shall  be  due  to  them,  for  the  breach  of  their  several 
and  respective  duties  and  trusts. 

IV.  By  act  as  aforesaid,  to  lay  equal  taxes  and  assessments,  equally 
to  raise  moneys  or  goods  upon  all  lands  (excepting  the  lands  of  us 
the  Lords  Proprietors  before  settling)  or  persons  within  the  several 
precincts,  hundreds,  parishes,  manors,  or  whatsoever  other  divisions 
shall  hereafter  be  made  and  established  in  the  said  Province,  as  oft 
as  necessity  shall  require,  and  in  such  manner  as  to  them  shall  seem 
most  equal  and  easy  for  the  said  inhabitants;  in  order  to  the  better 
supporting  of  the  publick  charge  of  the  said  Government,  and  for 
the  mutual  safety,  defence  and  security  of  the  said  Province. 

V.  By  act  as  aforesaid,  to  erect  within  the  said  Province,  such  and 
so  many  manors,  with  their  necessary  courts,  jurisdictions,  freedoms, 
and  privileges,  as  to  them  shall  seem  meet  and  convenient :  As  also  to 
divide  the  said  Province  into  hundreds,  parishes,  tribes,  or  such  other 
divisions  and  districtions,  as  they  shall  think  fit;  and  the  said  divi- 
sions to  distinguish  by  what  names  we  shall  order  or  direct;  and  in 
default  thereof,  by  such  names  as  they  please:  As  also  in  the  said 
Province  to  create  and  appoint  such  and  so  many  ports,  harbours, 
creeks,  and  other  places  for  the  convenient  lading  and  unlading  of 
goods  and  merchandizes,  out  of  ships,  boats,  and  other  vessels,  as  shall 
be  expedient;  with  such  jurisdictions,  privileges  and  franchises  to 
such  ports,  &c.  belonging,  as  they  shall  judge  most  conducing  to  the 
general  good  of  the  said  Plantation  or  Province. 

VI.  By  their  enacting  to  be  confirm'd  as  aforesaid,  to  erect,  raise 
and  build  within  the  said  Province  or  any  part  thereof,  such  and  so 
many  forts,  fortresses,  castles,  cities,  corporations,  boroughs,  towns, 
villages,  and  other  places  of  strength  and  defence;  and  them  or  any 
of  them,  to  incorporate  with  such  charters  and  privileges,  as  to  them 
shall  seem  good,  and  the  grant  made  unto  us  will  permit;  and  the 
same  or  any  of  them  to  fortify  and  furnish  with  such  provisions  and 
proportion  of  ordnance,  powder,  shot,  armour,  and  all  other  weapons, 
ammunition  and  abiliments  of  war,  both  offensive  and  defensive,  as 
shall  be  thought  necessary  and  convenient  for  the  safety  and  welfare 


New  Jersey— 1664  2539 

of  the  said  Province.  But  they  may  not  at  any  time  demolish,  dis- 
mantle or  disfurnish  the  same,  without  the  consent  of  the  Governor 
and  the  major  part  of  the  council  of  the  said  Province. 

VII.  By  act  (as  aforesaid)  to  constitute  train'd  bands  and  compa- 
nies, with  the  number  of  soldiers,  for  the  safety,  strength  and  defence 
of  the  said  Province ;  and  of  the  forts,  castles,  cities,  &c.  To  suppress 
all  mutinies  and  rebellions ;  to  make  war  offensive  and  defensive  with 
all  Indians,  strangers  and  foreigners,  as  they  shall  see  cause;  and  to 
pursue  an  enemy  as  well  by  sea  as  by  land,  if  need  be,  out  of  the 
limits  and  jurisdictions  of  the  said  Province,  with  the  particular 
consent  of  the  Governor,  and  under  his  conduct,  or  of  our  commander 
in  chief,  or  whom  he  shall  appoint. 

VIII.  By  act  (as  aforesaid)  to  give  to  all  strangers,  as  to  them 
shall  seem  meet,  a  naturalization,  and  all  such  freedoms,  and  privi- 
leges within  the  said  Province  as  to  his  majesty's  subjects  do  of  right 
belong,  they  swearing  or  subscribing  as  aforesaid ;  which  said  stran- 
gers, so  naturalized  and  privileged,  shall  be  in  all  respects  accounted 
m  the  said  Province,  as  the  King's  natural  subjects. 

IX.  By  act  (as  aforesaid)  to  prescribe  the  quantity  of  land  which 
shall  be  from  time  to  time,  allotted  to  every  head,  free  or  servant, 
male  or  female,  and  to  make  and  ordain  rules  for  the  casting  of  lots 
for  land  and  the  laying  out  of  the  same ;  provided,  that  they  do  not 
in  their  prescriptions  exceed  the  several  proportions  which  are 
hereby  granted  by  us  to  all  persons  arriving  in  the  said  Province  or 
adventuring  thither. 

X.  The  General  Assembly  by  act,  as  aforesaid,  shall  make  provision 
for  the  maintenance  and  support  of  the  Governor,  and  for  the  defray- 
ing of  all  necessary  charges  for  the  government;  as  also  that  the 
constables  of  the  said  Province  shall  collect  the  Lord's  rent,  and  shall 
pay  the  same  to  the  receiver  that  the  Lords  shall  appoint  to  receive 
the  same;  unless  the  General  Assembly  shall  prescribe  some  other 
way  whereby  the  Lords  may  have  their  rents  duly  collected,  without 
charge  or  trouble  to  them. 

XL  Lastly,  to  enact,  constitute  and  ordain  all  such  other  laws  and 
constitutions  as  shall  or  may  be  necessary  for  the  good,  prosperity 
and  settlement  of  the  said  Province,  excepting  what  by  these  presents 
is  excepted,  and  conforming  to  the  limitations  herein  expressed. 

THE   GOVERNOR    IS    WITH    HIS    COUNCIL    BEFORE    EXPRESS'd 

First.  To  see  that  all  courts  establish'd  by  the  laws  of  the  General 
Assembly,  and  all  minivSters  and  officers,  civil  and  military,  do  and 
execute  their  several  duties  and  offices  respectively,  according  to  the 
laws  in  force;  and  to  punish  them  for  swerving  from  the  laws,  or 
acting  contrary  to  their  trust,  as  the  nature  of  their  offences  shall 
require. 

II.  According  to  the  constitution  of  the  General  Assembly,  to 
nominate  and  commissionate,  the  several  judges,  members  and  officers 
of  the  courts,  whether  magistratical  or  ministerial  and  all  other 
civil  officers,  coroners,  &c.  and  their  commissions,  powers,  and 
authority  to  revoke  at  pleasure:  provided,  that  they  appoint  none 
but  such  as  are  freeholders  in  the  Province  aforesaid,  unless  the 
General  Assembly  consent. 


2540  New  Jersey— 1664 

III.  According  to  the  constitution  of  the  General  Assembly,  to 
appoint  courts  and  officers  in  cases  criminal;  and  to  impower  them 
to  inflict  penalties  upon  offenders  against  any  of  the  laws  in  force 
in  the  said  Province,  as  the  said  laws  shall  ordain;  whether  by  fine, 
imprisonment,  banishment,  corporal  punishment,  or  to  the  taking 
away  of  member  or  life  itself  if  there  be  cause  for  it. 

IV.  To  place  officers  and  soldiers  for  the  safety,  strength  and 
defence  of  the  forts,  castles,  cities  &c.  according  to  the  number 
appointed  by  the  General  Assembly,  to  nominate,  place  and  commis- 
sionate  all  military  officers  under  the  dignity  of  the  said  Governor, 
who  is  commissionated  by  us  over  the  several  train'd  bands  and 
companies,  constituted  by  the  General  Assembly,  as  colonels,  cap- 
tains, &c.  and  their  commissions  to  revoke  at  pleasure.  The  Gov- 
ernor with  the  advice  of  his  Council,  unless  some  present  danger  will 
not  permit  him,  to  advise  to  muster  and  train  all  forces  within  the 
said  Province,  to  prosecute  war,  pursue  an  enemy,  suppress  all 
rebellions,  and  mutinies,  as  well  by  sea  as  land;  and  to  exercise  the 
whole  militia,  as  fully  as  we  by  the  grant  from  his  Royal  Highness 
can  impower  them  to  do:  Provided^  that  they  appoint  no  military 
forces  but  Avhat  are  freeholders  in  the  said  Province,  unless  the 
General  Assembly  shall  consent. 

V.  Where  they  see  cause,  after  condemnation,  to  repreive  until  the 
case  be  presented,  with  a  copy  of  the  whole  tryal,  proceedings  and 
proofs  to  the  Lords,  w^ho  will  accordingly  pardon  or  command  exe- 
cution of  the  sentence  of  the  offender;  who  is  in  mean  time  to  be 
kept  in  safe  custody  till  the  pleasure  of  the  Lords  be   known. 

YI.  In  case  of  death  or  other  removal  of  any  of  the  Representa- 
tives within  the  year,  to  issue  summons  by  writ  to  the  respective 
division  or  divisions,  for  which  he  or  they  were  chosen,  commanding 
the  freeholders  of  the  same  to  choose  others  in  their  stead. 

VII.  To  make  warrants  and  seal  grants  of  lands,  according  to 
those  our  concessions  and  the  prescriptions,  by  the  advice  of  the 
General  Assembly  in  such  form  as  shall  be  at  large  set  down  in  our 
instructions  to  the  Governor  in  his  commission,  and  which  are  here- 
after express'd. 

VIII.  To  act  and  do  all  other  things  that  may  conduce  to  the 
safety,  peace  and  well-government  of  the  said  Province,  as  they 
shall  see  fit;  so  as  they  be  not  contrary  to  the  laws  of  the  said 
Province. 

FOR  THE  BETTER  SECURITY  OF  THE  PROPRIETIES  OF  ALL  THE  INHABITANTS 

First.  They  are  not  to  impose  nor  suffer  to  be  imposed,  any  tax, 
custom,  subsidy,  tallage,  assessment,  or  any  other  duty  whatsoever 
upon  any  colour  or  pretence,  upon  the  said  Province  and  inhabi- 
tants thereof,  other  than  what  shall  be  imposed  by  the  authority 
and  consent  of  the  General  Assembly,  and  then  only  in  manner  as 
aforesaid. 

II.  They  are  to  take  care,  that  lands  quietly  held,  planted  and 
possessed  seven  years,  after  its  being  duly  survey'd  by  the  Sur- 
veyor General,  or  his  order,  shall  not  be  subject  to  any  review, 
re-survey  or  alteration  of  bounders,  on  what  pretence  soever  by  any 
of  us,  or  by  any  officer  or  minister  under  us. 


New  Jersey— 1664  2541 

III.  They  are  to  take  care,  that  no  man,  if  his  cattle  stray,  range 
or  graze  on  any  ground  within  the  said  Province,  not  actually  appro- 
priated or  set  out  to  particular  persons,  shall  be  lyable  to  pay  any 
trespass  for  the  same,  to  us,  our  heirs  or  executors:  Provided^ 
that  custom  of  commons  be  not  thereby  pretended  to,  nor  any  per- 
son hindered  from  taking  up,  and  appropriating  any  lands  so  grazed 
upon:  And  that  no  person  doth  purposely  suffer  his  cattle  to  graze 
on  such  lands. 

AND    THAT    THE    PLANTING    OF    THE    SAID    PROVINCE    MAY    BE    THE    MORE 

SPEEDILY    PROMOTED 

I.  We  do  hereby  grant  unto  all  persons  who  have  already  adven- 
tured to  the  said  Province  of  New  Caesarea  or  New  Jersey,  or  shall 
transport  themselves,  or  servants,  before  the  first  day  of  January, 
which  shall  be  in  the  year  of  our  Lord  one  thousand  six-hundred 
sixty-five,  these  following  proportions,  viz:  To  every  freeman  that 
shall  go  with  the  first  Governor,  from  the  port  where  he  embarques, 
or  shall  meet  him  at  the  rendezvous  he  appoints,  for  the  settle- 
ment of  a  plantation  there,  arm'd  with  a  good  musket,  bore  twelve 
bullets  to  the  pound,  with  ten  pounds  of  powder,  and  twenty  pounds 
of  bullets,  with  bandiliers  and  match  convenient,  and  with  six 
months  provision  for  his  own  person  arriving  there,  one  hundred 
and  fifty  acres  of  land  English  measure ;  and  for  every  able  servant 
that  he  shall  carry  with  him,  arm'd  and  provided  as  aforesaid,  and 
arriving  there,  the  like  quantity  of  one  hundred  and  fifty  acres 
English  measure:  And  whosoever  shall  send  servants  at  that  time, 
shall  have  for  every  man  servant  he  or  she  shall  send,  armed  and 
provided  as  aforesaid,  and  arrive  there,  the  like  quantity  of  one 
hundred  and  fifty  acres:  And  for  every  weaker  servant,  or  slave, 
male  or  female,  exceeding  the  age  of  fourteen  years,  which  any  one 
shall  send  or  carry,  arriving  there,  seventy-five  acres  of  land:"  And 
for  every  Christian  servant,  exceeding  the  age  aforesaid,  after  the 
expiration  of  their  time  of  service,  seventy-five  acres  of  land  for 
their  own  use. 

II.  Item.  To  every  master  or  mistress  that  shall  go  before  the  first 
day  of  January,  which  shall  be  in  the  year  one  thousand  six  hundred 
sixty-five ;  one  hundred  and  twenty  acres  of  land.  And  for  every  able 
man  servant,  that  he  or  she  shall  carry  or  send,  arm'd  and  provided 
as  aforesaid,  and  arriving  within  the  time  aforesaid,  the  like  quantity 
of  one  hundred  and  twenty  acres  of  land:  And  for  every  weaker 
servant  or  slave,  male  or  female,  exceeding  the  age  of  fourteen  years, 
arriving  there,  sixty  acres  of  land :  And  to  every  Christian  servant 
to  their  own  use  and  behoof  sixty  acres  of  land. 

III.  Item.  To  every  free  man  and  free  woman  that  shall  arrive 
in  the  said  Province,  arm'd  and  provided  as  aforesaid,  within  the 
second  year,  from  the  first  day  of  January  1665  to  the  first  day  of 
January  one  thousand  six  hundred  sixty-six,  with  an  intention  to 
plant,  ninety  acres  of  land  English  measure:  And  for  every  man 
servant  that  he  or  she  shall  carry  or  send,  armed  and  provided  as 
aforesaid,  ninety  acres  of  land  of  like  measure. 

IV.  Item.  For  every  weaker  servant  or  slave,  aged  as  aforesaid, 
that  shall  be  so  carried  or  sent  thither  within  the  second  year,  as 


2542  New  Jersey— 166^ 

aforesaid,  forty-five  acres  of  land  of  like  measure:  And  to  every 
Christian  servant  that  shall  arrive  the  second  year,  forty-five  acres 
of  land  of  like  measure,  after  the  expiration  of  his  or  their  time  of 
service,  for  their  own  use  and  behoof. 

V.  Item.  To  every  free  man  and  free  woman,  armed  and  provided 
as  aforesaid,  that  shall  go  and  arrive  with  an  intention  to  plant, 
within  the  third  year  from  January  1666  to  January  1667,  armed  and 
provided  as  aforesaid,  threescore  acres  of  land  of  like  measure :  And 
for  every  able  man  servant,  that  he  or  she  shall  carry  or  send  within 
the  said  time,  armed  and  provided  as  aforesaid,  the  like  quantity  of 
threescore  acres  of  land.  And  for  every  weaker  servant  or  slave, 
aged  as  aforesaid,  that  he  or  she  shall  carry  or  send  within  the  third 
year,  thirty  acres  of  land :  And  to  every  Christian  servant  so  carried 
or  sent  in  the  third  year,  thirty  acres  of  land  of  like  measure,  after 
the  expiration  of  their  time  of  service.  All  which  land,  and  all  other 
that  shall  be  possessed  in  the  said  Province,  are  to  be  held  on  the 
same  terms  and  conditions  as  is  before  mentioned,  and  as  hereafter  in 
the  following  paragraphs  is  more  at  large  express'd.  Provided 
always^  that  the  before  mentioned  land  and  all  other  whatsoever, 
that  shall  be  taken  up  and  so  settled  in  the  said  Province,  shall  after- 
ward from  time  to  time  for  the  space  of  thirteen  years  from  the 
date  hereof,  be  held  upon  the  conditions  aforesaid,  continuing  one 
able  man  servant  or  two  such  weaker  servants  as  aforesaid,  on  every 
hundred  acres  a  master  or  mistress  shall  possess,  besides  what  was 
granted  for  his  or  her  own  person:  In  failure  of  which  upon  other 
disposure  to  the  present  occupant,  or  his  assigns,  there  shall  be  three 
years  given  to  such  for  their  compleating  the  said  number  of  persons, 
or  for  their  sale  or  dispositions  of  such  part  of  their  lands  as  are  not 
so  people'd  within  such  time  of  three  years.  If  any  such  person  hold- 
ing any  land  shall  fail  by  himself  his  agents,  executors  or  assigns,  or 
some  other  way  to  provide  such  number  of  persons,  unless  the  Gen- 
eral Assembly  shall  without  respect  to  poverty,  judge  it  was  im- 
possible for  the  party  so  failing,  to  keep  or  procure  his  or  her  number 
of  servants  to  be  provided  as  aforesaid;  in  such  case  we  the  Lords 
to  have  power  of  disposing  of  so  much  of  such  land  as  shall  not  be 
planted  with  its  due  number  of  persons  as  aforesaid,  to  some  others 
that  will  plant  the  same.  Provided  always^  That  no  person  arriving 
in  the  said  Province,  with  purpose  to  settle  (they  being  subjects  or 
naturalized  as  aforesaid)  be  denied  a  grant  of  such  proportions  of 
land  as  at  the  time  of  their  arrival  that  are  due  to  themselves  or 
servants,  by  concession  from  us  as  aforesaid ;  but  have  full  licence  to 
take  up  and  settle  the  same,  in  such  order  and  manner  as  is  granted 
or  prescrib'd.  All  lands  (notwithstanding  the  powers  in  the  As- 
sembly aforesaid)  shall  be  taken  up  by  warrant  from  the  Governor, 
and  confirm'd  by  the  Governor  and  Council,  under  a  seal  to  be  pro- 
vided for  that  purpose,  in  such  order  and  method  as  shall  be  set 
down  in  this  declaration,  and  more  at  large  in  the  instruction  to  the 
Governors,  and  Council. 

AND  THAT  THE  LANDS  MAY  BE  THE  MORE  REGULARLY  LAID  OUT  AND  ALL 
PERSONS   THE  BETTER  ASCERTAIN 'd   OF   THEIR  TITLE   AND   POSSESSION 

I.  The  Governor  and  Council  and  General  Assembly  (if  any  be) 
are  to  take  care  and  direct,  that  all  lands  be  divided  by  general  lots, 


New  Jersey— 1664  2543 

none  less  than  two  thousand  one  hundred  acres,  nor  more  than  twenty 
one  thousand  acres  in  each  lot,  excepting  cities,  towns,  &c.  and  the 
near  lots  of  townships ;  and  that  the  same  be  divided  into  seven  parts, 
one  seventh  part  to  us,  our  heirs  and  assigns;  the  remainder  to  per- 
sons as  they  come  to  plant  the  same,  in  such  proportions  as  is  allowed. 

II.  Item.  That  the  Governor,  or  whom  he  shall  depute,  in  case  of 
death  or  absence,  if  some  be  not  before  commissionated  by  us  as  afore- 
said, do  give  to  every  person  to  whom  land  is  due,  a  warrant  sign'd 
and  seal'd  by  himself,  and  the  major  part  of  his  Council,  and  directed 
to  the  Surveyor  General,  or  his  deputy,  commanding  him  to  lay  out, 
limit  and  bound  acres  of  land,  as  his  due  proportion,  is  for 

such  a  person,  in  such  allotment,  according  to  the  warrant;  the 
Register  having  first  recorded  the  same,  and  attested  the  record  upon 
warrant;  The  Surveyor  General,  or  his  deputy,  shall  proceed  and 
certify  to  the  chief  Secretary  or  Register,  the  name  of  the  person  for 
whom  he  hath  laid  out  land,  by  virtue  of  what  authority,  the  date  of 
the  authority  or  warrant,  the  number  of  acres,  the  bounds,  and  on 
what  point  of  the  compass  the  several  limits  thereof  lye;  which  cer- 
tificate the  Register  is  likewise  to  enter  in  a  book  to  be  prepared  for 
that  purpose,  with  an  alphebettical  table,  referring  to  the  book,  that 
so  the  certificate  may  be  the  easier  found;  and  then  to  file  the  cer- 
tificates, and  the  same  to  keep  safely:  The  certificate  being  entered, 
a  warrant  comprehending  all  the  particulars  of  land  mentioned  in  the 
certificate  aforesaid,  is  to  be  signed  and  sealed  by  him  and  his  Council, 
or  the  major  part  of  them  as  aforesaid,  they  having  seen  the  entry 
and  directed  to  the  Register  or  chief  Secretary  for  his  preparing  a 
grant  of  the  land  to  the  party  for  whom  it  is  laid  out,  which  grant 
shall  be  in  the  form  following,  viz. 

The  Lords  proprietors  of  the  Province  of  New  Caesarea  or  New 
Jersey,  do  hereby  grant  unto  A.  B.  of  the  in  the  Province 

aforesaid,   a   plantation   containing  acres   English   measure, 

bounded  (as  in  the  certificate)  to  hold  to  him  or  her,  his  or  her  heirs 
or  assigns  for  ever,  yielding  and  paying  yearly  to  the  said  Lords 
Proprietors,  their  heirs  or  assigns,  every  fifth  and  twentieth  day  of 
March,  according  to  the  English  account,  one  halfpenny  of  lawful 
money  of  England,  for  every;  of  the  said  acres,  to  be  holden  of  the 
manner  of  East-Greenwich,  in  free  and  common  soccage;  the  first 
payment  of  which  rent  to  begin  the  five  and  twentieth  day  of  March, 
which  shall  be  in  the  year  of  our  Lord  one  thousand  six  hundred  and 
seventy,  according  to  the  English  account.  Given  under  the  seal  of 
the  said  province  the  day  of  in  the  year  of  our  Lord 

166  ^ 

To  which  instrument  the  Governor  or  his  deputy  hath  hereby  full 
power  to  put  the  seal  of  the  said  Province,  and  to  subscribe  his 
name,  as  also  the  Council,  or  the  major  parrt  of  them,  are  to  sub- 
scribe their  names;  and  then  the  instrument  or  grant  is  to  be  by  the 
Register  recorded  in  a  book  of  records  for  that  purpose;  all  which 
being  done  according  to  those  instructions  we  hereby  declare,  that 
the  same  shall  be  effectual  in  law  for  the  enjoyment  of  the  said 
plantation,  and  all  the  benefits  and  profits  and  in  the  same  (except 
the  half  part  of  mines  of  gold  and  silver)  payincr  the  rents  as  afore- 
said :  Provided,  that  if  any  plantation  so  granted,  shall  by  the  space 
of  three  years  be  neglected  to  be  planted  with  a  sufficient  number  of 
servants,  as  is  before  mentioned,  that  then  it  shall  be  lawful  for  us 


2544  New  Jersey— 1672 

otherwise  to  dispose  thereof,  in  whole  or  in  part,  this  grant  not- 
withstanding. 

III.  Item.  We  do  also  grant  convenient  proportions  of  land  for 
highways  and  for  streets,  not  exceeding  one  hundred  foot  in  breadth 
in  cities,  towns  and  vilages,  &c.  and  for  churches,  forts,  wharfs, 
kays,  harbours  and  for  publick  houses;  and  to  each  parish  for  the 
use  of  their  ministers  two  hundred  acres,  in  such  places  as  the  General 
Assembly  shall  appoint. 

IV.  Item.  The  Governor  is  to  take  notice,  that  all  such  lands  laid 
out  for  the  uses  and  purposes  aforesaid,  in  the  next  preceeding  article, 
shall  be  free  and  exempt  from  all  rents,  taxes  and  other  charges  and 
duties  whatsoever,  payable  to  us,  our  heirs  or  assigns. 

Y.  Item.  That  in  laying  out  lands  for  cities,  towns,  vilages, 
boroughs,  or  other  hamblets,  the  said  lands  be  divided  into  seven 
l^arts ;  one  seventh  part  whereof  to  be  by  lot  laid  out  for  us,  and  the 
rest  divided  to  such  as  shall  be  willing  to  build  thereon,  they  paying 
after  the  rate  of  one  penny  or  half-penny  per  acre  (according  to  the 
value  of  the  land)  yearly  to  us,  as  for  their  other  lands  as  aforesaid; 
which  said  lands  in  cities,  towns,  &c.  is  to  be  assured  to  each  possessor 
by  the  same  way  and  instrument  as  is  before  mentioned. 

IV.  Item.  That  all  rules  relating  to  the  building  of  each  street,  or 
quantity  of  ground  to  be  allotted  to  each  house  within  the  said 
respective  cities,  boroughs  and  towns,  be  wholly  left  by  act  as  afore- 
said, to  the  wisdom  and  discretion  of  the  General  Assembly. 

VII.  Item.  That  the  inhabitants  of  the  said  Province  have  free 
passage  thro'  or  by  any  seas,  bounds,  creeks,  rivers  or  rivelets,  &c.  in 
the  said  Province,  thro'  or  by  which  they  must  necessarily  pass  to 
come  from  the  main  ocean  to  any  part  of  the  Province  aforesaid. 

VIII.  Lastly.  It  shall  be  lawful  for  the  representatives  of  the 
Freeholders,  to  make  any  address  to  the  Lords  touching  the  Gov- 
ernor and  Council,  or  any  of  them,  or  concerning  any  grievances 
w^hatsoever,  or  for  any  other  thing  they  shall  desire,  without  the  con- 
sent of  the  Governor  and  Council,  or  any  of  them.  Given  under  our 
seal  of  our  said  Province  the  tenth  day  of  February  in  the  year  of  our 
Lord  one  thousand  six  hundred  sixty  and  four. 

John  Berkley, 
G.  Carteret. 


A  DECLARATION  OF  THE  TRUE  INTENT  AND  MEANING  OF  US 
THE  LORDS  PROPRIETORS,  AND  EXPLANATION  OF  THERE  CON- 
CESSIONS MADE  TO  THE  ADVENTURERS  AND  PLANTERS  OF 
NEW  CAESAREA  OR  NEW  JERSEY— 1672  « 

Learning  &  Spicer  2d  Ed.  pp.  32-34. 

I.  That  as  to  the  6th  Article,  it  shall  be  in  the  power  of  the  Gov- 
ernor and  his  Council  to  admit  of  all  persons  to  become  planters  and 
free  men  of  the  said  Province,  without  the  General  Assembly ;  but  no 
person  or  persons  whatsoever  shall  be  counted  a  freeholder  of  the  said 
Province,  nor  have  any  vote  in  electing,  nor  be  capable  of  being  elected 

o  Verified  by  "  Grants  and  Concessions  of  New  Jersey." 


I 


New  Jersey— 1672  2545 

for  any  office  or  trust,  either  civil  or  military,  until  he  doth  actually 
hold  his  or  their  lands  by  patent  from  us,  the  Lords  proprietors. 

II.  As  to  the  8th  article,  it  shall  be  in  the  power  of  the  Governor 
and  Council,  to  constitute  and  appoint  such  ministers  and  preachers 
as  shall  be  nominated  and  chosen  by  the  several  corporations,  without 
the  General  Assembly,  and  to  establish  their  maintenance,  giving 
liberty  besides  to  any  person  or  persons  to  keep  and  maintain  what 
preachers  or  ministers  they  please. 

AS   TO    THE    GENERAL   ASSEMBLY 

I.  That  is  shall  be  in  the  power  of  the  Governor  and  his  Council  to 
appoint  the  times  and  places  of  meeting  of  the  General  Assembly, 
and  to  adjourn  and  summon  them  together  again  when  and  where  he 
and  they  shall  see  cause. 

II.  To  the  third ;  that  it  is  to  be  understood,  that  it  is  in  the  power 
of  the  Governor  and  his  Council  to  constitute  and  appoint  courts  in 
particular  corporations  already  settled,  without  the  General  As- 
sembly; but  for  the  courts  of  sessions  and  assizes  to  be  constituted 
and  established  by  the  Governor  Council  and  representatives  to- 
gether: and  that  all  appeals,  shall  be  made  from  the  assizes,  to  the 
Governor  and  his  Council,  and  thence  to  the  Lords  proprietors; 
from  whom  they  may  appeal  to  the  king,  and  that  no  more  corpora- 
tions be  confirm'd  but  by  or  wdth  the  special  order  of  us  the  Lords 
proprietors. 

III.  To  the  ninth  article :  that  the  Governor  and  his  Council  may 
dispose  of  the  allotments  of  land  to  each  particular  person,  without 
the  General  Assembly  according  to  our  directions,  as  he  and  they 
shall  think  fit. 

CONCERNING    THE    GOVERNOR 

I.  As  to  the  second  and  third  article ;  all  officers  civil  and  militaiy 
(except  before  excepted)  be  nominated  and  appointed  by  the  Gov- 
ernor and  Council,  without  the  General  Assembly,  unless  he  the  said 
Governor  and  Council  shall  see  occasion  for  their  advice  and  as- 
sistance. 

II.  As  to  the  fourth  article,  in  case  of  foreign  invasion  or  intestine 
mutiny  or  rebellion;  it  shall  be  lawful  for  the  Governor  and  his 
Council  to  call  in  to  their  aid,  any  persons  whatsoever  whether  free- 
holder or  not. 

III.  That  in  the  sixth  article,  concerning  the  regular  laying  out 
of  lands ;  rules  for  building  each  street  in  townships,  and  quantities 
of  ground  for  each  house  lot,  the  same  is  left  to  the  freeholders  or 
first  undertakers  thereof,  as  they  can  agree  with  the  Governor  and 
Council,  and  not  to  the  General  Assembly,  but  to  be  laid  out  by  the 
surveyor  general. 

IV.  That  all  warrants  for  lands  not  exceeding  the  proportions 
in  the  concessions,  being  only  sign'd  by  the  Governor  and  Secretary 
shall  be  effectual  in  case  his  Council  or  any  part  of  them  be  not 
present. 

We  the  Lords  proprietors  do  understand  that  in  all  General  As- 
sembly's, the  Governor  and  his  Council  are  to  set  by  themselves,  and 


2546  New  Jersey— 1674 

the  deputies  or  representatives  by  themselves,  and  whatever  they 
do  propose  to  be  presented  to  the  Governor  and  his  Council,  and  upon 
their  confirmation  to  pass  for  an  act  or  law  when  confirm'd  by  us. 
Witness  our  hands  and  seals  the  6th  day  of  December,  1672. 

John  Berkley, 
G.  Carteret. 


HIS  EOYAI  HIGHNESS'S  GRANT  TO  THE  LORDS  PROPRIETORS, 
SIR  GEORGE  CARTERET,  29TH  JULY,  1674 « 

This  Indenture  made  the  ninth  and  twentieth  day  of  July,  in  the 
twenty  and  sixth  year  of  the  reign  of  our  Sovereign  Lord,  Charles 
the  Second,  by  the  grace  of  God  of  England,  Scotland,  France  and 
Ireland,  King,  Defender  of  the  Faith,  &c.  Anno  Domini,  one  thou- 
sand six  hundred  seventy- four.  Albany,  Earl  of  Ulster,  Lord  High 
Admiral  of  Scotland  and  Ireland,  of  the  one  part,  and  Sir  George 
Carteret  of  Saltrum  in  the  County  of  Devon,  Knight,  Vice  Chamber- 
lain of  his  Majesty's  household  of  the  other  part.  Whereas  his 
Majesty  King  Charles  the  Second,  by  his  Letters  Patent,  under  the 
Great  Seal  of  England,  bearing  date  the  twenty-ninth  day  of  June, 
in  the  twenty-sixth  year  of  his  said  Majesty's  reign,  did  for  the  con- 
sideration therein  mentioned,  give  and  grant  unto  his  said  Royal 
Highness  James  Duke  of  York,  his  heirs  and  assigns,  all  that  part  of 
the  main  land  of  New  England,  beginning  at  a  certain  place  called 
or  known  by  the  name  of  St.  Croix  next  adjoining  to  New  Scotland, 
in  America;  and  from  thence  extending  along  the  sea  coast  unto  a 
certain  place  called  Pemaquine  or  Pemaquid,  and  so  up  the  river 
thereof  to  the  furthest  head  of  the  same  as  it  tendeth  northward; 
and  extending  from  thence  to  the  river  Kenebeque,  and  so  upwards 
by  the  shortest  course  to  the  same  commonly  called  by  the  several 
name  or  names  of  Mattowacks  or  Long  Island,  situate  and  being 
towards  the  west  of  Cape  Codd  and  the  Narrow  Higansetts,  abutting 
upon  the  main  land  between  the  two  rivers  there,  called  or  known  by 
the  several  names  of  Connecticutt,  and  Hudson's  river ;  together  also 
with  the  said  river  called  Hudson's  river,  and  all  the  lands  from  the 
west  side  of  Connecticutt  river  to  the  east  side  of  Delaware  bay :  And 
also  several  other  islands  and  lands,  in  the  said  Letters  Patent  men- 
tioned, together  w4th  the  rivers,  harbors,  mines,  minerals,  quarries, 
woods,  marshes,  waters,  fishing,  hawking,  hunting,  and  fowling,  and 
all  other  royalties,  profRts,  commodities  and  hereditaments  to  the  said 
several  islands,  lands  and  premises  belonging  or  appertaining,  to 
have  and  to  hold  the  said  lands,  islands,  hereditaments  and  premises, 
with  their  and  every  of  their  appurtenances,  unto  his  said  Royal 
Highness  James  Duke  of  York,  his  heirs  and  assigns  for  ever;  to 
be  holden  of  his  said  Majesty,  his  heirs  and  successors  as  of  the  man- 
ner of  East  Greenwich  in  the  County  of  Kent,  in  free  and  common 
soccage,  yielding  and  paying  to  his  said  Majesty  his  heirs  and  suc- 
cessors of  and  for  the  same,  yearly  and  every  year,  forty  beaver  skins, 
when  they  shall  be  demanded,  or  within  ninety  days  after;  with 
divers  other  grants,  clauses,  provisoes,  and  agreements  in  the  said 

a  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.  pp.  46^8. 


New  Jersey— 1674  254Y 

recited  Letters  Patents  contain'd,  as  by  the  said  Letters  Patents,  rela- 
tion being  thereunto  had,  it  doth  and  may  more  plainly  appear. 
Now  this  indenture  witnesseth,  that  his  said  Royal  Highness  James 
Duke  of  York,  for  and  in  consideration  of  a  competent  sum  of  good 
and  lawful  money  of  England  to  his  Royal  Highness  in  hand  paid 
by  the  said  Sir  George  Carteret,  before  the  ensealing  and  delivery 
of  these  presents,  the  receipt  whereof  his  said  Royal  Highness  James 
Duke  .of  York,  doth  hereby  acknowledge,  and  thereof  doth  acquit 
and  discharge  the  said  Sir  George  Carteret,  his  heirs  and  assigns  for 
ever  by  these  presents,  hath  granted,  bargained,  sold,  released  and  con- 
firmed, and  by  these  presents  doth  grant,  bargain,  sell,  release  and  con- 
firm unto  the  said  Sir  George  Carteret,  his  heirs  and  assigns  for  ever, 
all  that  tract  of  land  adjacent  to  New  England,  and  lying  and  being 
to  the  Avestward  of  Long  Island  and  Manhitas  Island,  and  bounded 
on  the  east  part  by  the  main  sea,  and  part  by  Hudson's  river,  and 
extends  southward  as  far  as  a  certain  creek  called  Barnegatt,  being 
about  the  middle,  betAveen  Sandy  Point  and  Cape  May,  and  bounded 
on  the  west  in  a  strait  line  from  the  said  creek  called  Barnegat,  to  a 
certain  Creek  in  Delaware  river,  next  adjoining  to  and  below  a  cer- 
tain creek  in  Delaware  river  called  Renkokus  Kill,  and  from  thence 
up  the  said  Delaware  river  to  the  northermost  branch  thereof,  which 
is  forty-one  degrees  and  forty  minutes  of  latitude ;  and  on  the  north, 
crosseth  over  thence  in  a  strait  line  to  Hudson's  river,  in  forty-one 
degrees  of  latitude ;  which  said  tract  of  land  is  hereafter  to  be  called 
by  the  name  or  names  of  New  Caeserea  or  New  Jersey :  And  also  all 
rivers,  mines,  minerals,  woods,  fishings,  hawking,  hunting,  and  fowl- 
ing, and  all  royalties,  profRts,  commodities,  and  hereditaments  what- 
soever, to  the  said  lands,  and  premises  belonging  or  appertaining; 
with  their  and  every  of  their  appurtenances,  in  as  full  and  ample 
manner  as  the  same  is  granted  unto  the  said  James  Duke  of  York,  by 
the  before  recited  Letters  Patents;  and  all  the  estate,  right,  title, 
interest  benefit,  advantage,  claim  and  demand  of  the  said  James  Duke 
of  York  of  in  and  to  the  said  lands  and  premises,  or  any  part  or  parcel 
thereof,  and  the  reversion  and  reversions,  remainder  and  remainders 
thereof:  All  which  said  tract  of  land  and  premises  were  by  in- 
denture, bearing  date  the  day  before  the  date  hereof,  bargain'd 
and  sold  by  the  said  James  Duke  of  York,  unto  Sir  George  Carteret, 
for  the  term  of  one  whole  year  to  commence  from  the  eighth  and 
twentieth  day  of  July  next  before  the  date  hereof,  under  the  rent 
of  one  peper  corn,  payable  as  therein  is  mentioned  as  by  the  said 
deed  more  plainly  may  appear:  By  force  and  virtue  of  which  said 
indenture  of  bargain  and  sale,  and  of  the  statute  made  for  trans- 
ferring of  usses  into  possession,  the  said  Sir  George  Carteret,  is  in 
actual  possession  of  the  said  tract  of  land  and  premises,  and  enabled 
to  take  a  grant  and  release  thereof,  the  said  lease  being  made  to  that 
end  and  purpose,  to  have  and  to  hold  all  and  singular  the  said  tract 
of  land  and  premises;  with  their,  and  every  of  their  appurtenances, 
and  every  part  and  parcel  thereof,  unto  the  said  Sir  George  Carteret, 
liis  heirs  and  assigns  to  the  only  behoof  of  the  said  Sir  George  Carteret 
his  heirs  and  assigns  for  ever;  yielding  and  paying  therefore  unto 
the  said  James  Duke  of  York,  his  heirs  and  assigns,  for  the  tract  of 
land  and  premises,  yearly  the  sum  of  twenty  nobles  of  lawful  money 
of  England,  if  the  same  shall  be  lawfully  demanded  at  or  in  the 
7254— VOL  5— 00 2 


2548  New  Jersey— 1676 

Inner  Temple  Hall,  London,  at  the  feast  of  St.  Michael  the  Arch 
Angel  yearly.  And  the  said  Sir  George  Carteret  for  himself,  his 
heirs,  and  assigns,  doth  covenant  and  grant  to  and  with  the  said 
James  Duke  of  York,  his  heirs  and  assigns  by  these  presents,  that  he 
the  said  Sir  George  Carteret,  his  heirs  and  assigns,  shall  and  will  well 
and  truly  pay  or  cause  to  be  paid  unto  his  said  Royal  Hiness  James 
Duke  of  York,  his  heirs  and  assigns,  the  said  yearly  rent  of  twenty 
nobles  at  such  time  and  place,  and  in  such  manner  and  form  as  before 
in  these  presents  is  express'd  and  declared.  Provided  alw^ays  and 
upon  this  condition,  that  the  said  Sir  George  Carteret  do  cause  a 
copy  of  this  grant  and  demise  to  be  entered  with  the  auditor  of  his 
said  Royal  Highness,  within  one  month  next  after  the  execution  of 
this  present  grant  and  demise.  In  witness  whereof  the  parties 
to  these  presents  have  interchangeably  set  their  hands  and  seals,  the 
day  and  year  first  above  written.     Sign'd. 

James. 


THE  CHAETEE  OE  FUNDAMENTAL  LAWS,  OF  WEST  NEW  JEESEY, 
AGEEED  UPON— 1676  « 

Chapter  XIII 

THAT   THESE   FOLLOWING   CONCESSIONS   ARE   THE   COMMON   LAW,   OR   FUN- 
DAMENTAL RIGHTS,  OF  THE  PROVINCE  OF  WEST  NEW  JERSEY 

That  the  common  law  or  fundamental  rights  and  priviledges  of 
West  New  Jersey,  are  individually  agreed  upon  by  the  Proprietors 
and  freeholders  thereof,  to  be  the  foundation  of  the  government, 
which  is  not  to  be  altered  by  the  Legislative  authority,  or  free 
Assembly  hereafter  mentioned  and  constituted,  but  that  the  said 
Legislative  authority  is  constituted  according  to  these  fundamentals, 
to  make  such  laws  as  agree  with,  and  maintain  the  said  fundamentals, 
and  to  make  no  laws  that  in  the  least  contradict,  differ  or  vary  from 
the  said  fundamentals,  under  what  pretence  or  alligation  soever. 

Chapter  XIV 

But  if  it  so  happen  that  any  person  or  persons  of  the  said  General 
Assembly,  shall  therein  designedly,  willfully,  and  maliciously,  move 
or  excite  any  to  move,  any  matter  or  thing  whatsoever,  that  contra- 
dicts or  any  ways  subverts,  any  fundamentals  of  the  said  laws  in 
the  Constitution  of  the  government  of  this  Province,  it  being  proved 
by  seven  honest  and  reputable  persons,  he  or  they  shall  be  proceeded 
against  as  traitors  to  the  said  government. 

Chapter  XV 

That  these  Concessions,  law  or  great  charter  of  fundamentals,  be 
recorded  in  a  fair  table,  in  the  Assembly  House,  and  that  they  be 
readat  the  beginning  and  dissolving  of  every  general  free  Assembly: 
And  it  is  further  agreed  and  ordained,  that  the  said  Concessions, 

a  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.  pp.  393-398. 


New_  Jersey— 1676  .    2549 

common  law,  or  great  charter  of  fundamentals,  be  writ  in  fair  tables, 
in  every  common  hall  of  justice  within  this  Province,  and  that  they 
be  read  in  solenm  manner  four  times  every  year,  in  the  presence  of 
the  people,  by  the  chief  magistrates  of  those  places. 

Chapter  XVI 

That  no  men,  nor  number  of  men  upon  earth,  hath  power  or  au- 
thority to  rule  over  men's  consciences  m  religious  matters,  therefore 
it  is  consented,  agreed  and  ordained,  that  no  person  or  persons  what- 
soever within  the  said  Province,  at  any  time  or  times  hereafter,  shall 
be  any  ways  upon  any  pretence  whatsoever,  called  in  question,  or  in 
the  least  punished  or  hurt,  either  in  person,  estate,  or  priviledge,  for 
the  sake  of  his  opinion,  judgment,  faith  or  worship  towards  God  in 
matters  of  religion.  But  that  all  and  every  such  person,  and  persons, 
may  from  time  to  time,  and  at  all  times,  freely  and  fully  have,  and 
enjoy  his  and  their  judgments,  and  the  exercises  of  their  consciences 
in  matters  of  religious  worshij)  throughout  all  the  said  Province. 

Chapter  XVII 

That  no  Proprietor,  freeholder  or  inhabitant  of  the  said  Province 
of  AVest  New  Jersey,  shall  be  deprived  or  condemned  of  life,  limb, 
liberty,  estate,  property  or  any  ways  hurt  in  his  or  their  privileges, 
freedoms  or  franchises,  upon  any  account  whatsoever,  without  a  due 
tryal,  and  judgment  passed  by  twelve  good  and  lawful  men  of  his 
neighborhood  first  had :  And  that  in  all  causes  to  be  tryed,  and  in  all 
tryals,  the  person  or  persons,  arraigned  may  except  against  any  of 
the  said  neghborhood,  without  any  reason  rendered,  (not  exceeding 
thirty  five)  and  in  case  of  anj  valid  reason  alleged,  against  every 
person  nominated  for  that  service. 

Chapter  XVIII 

And  that  no  Proprietor,  freeholder,  freedenison,  or  inhabitant  in 
the  said  Province,  shall  be  attached,  ariested,  or  imprisoned,  for  or 
by  reason  of  any  debt,  duty,  or  thing  Avhatsoever  (cases  felonious, 
criminal  and  treasonable  excepted)  before  he  or  she  have  personal 
summon  or  summons,  left  at  his  or  her  last  dwelling  place,  if  in  the 
said  Province,  by  some  legal  authorized  officer,  constituted  and 
appointed  for  that  purpose,  to  appear  in  some  court  of  judicature 
for  the  said  Province,  with  a  full  and  plain  account  of  the  cause  or 
thing  in  demand,  as  also  the  name  or  names  of  the  person  or  persons 
at  whose  suit,  and  the  court  where  he  is  to  appear,  and  that  he  hath 
at  least  fourteen  days  time  to  appear  and  answer  the  said  suit,  if  he 
or  she  live  or  inhabit  within  forty  miles  English  of  the  said  court, 
and  if  at  a  further  distance,  to  have  for  every  twenty  miles,  two  days 
time  more,  for  his  and  their  appearance,  and  so  proportionably  for  a 
larger  distance  of  place. 

That  upon  the  recording  of  the  summons,  and  non-appearance  of 
such  person  and  persons,  a  writ  or  attachment  shall  or  may  be  issued 
out  to  arrest,  or  attach  the  person  or  persons  of  such  defaulters,  to 
cause  his  or  their  appearance  in  such  court,  returnable  at  a  day  cer- 
tain, to  answer  the  penalty  or  i^enalties,  in  such  suit  or  suits ;  and  if 


2550  New  Jersey— 1676 

he  or  they  shall  be  condemned  by  legal  tryal  and  judgment,  the  pen- 
alty or  penalties  shall  be  paid  and  satisfied  out  of  his  or  their  real  or 
personal  estate  so  condemned,  or  cause  the  person  or  persons  so  con- 
demned, to  lie  in  execution  till  satisfaction  of  the  debt  and  damages 
be  made.  Provided  always,  if  such  person  or  persons  so  condemned, 
shall  pay  and  deliver  such  estate,  goods,  and  chatties  which  he  or  any 
other  person  hath  for  his  or  their  use,  and  shall  solemnl}^  declare  and 
aver,  that  he  or  they  have  not  any  further  estate,  goods  or  chatties 
wheresoever  to'  satisfy  the  person  or  persons,  (at  whose  suit,  he  or 
they  are  condemned)  their  respective  judgments,  and  shall  also  bring 
and  produce  three  other  persons  as  compurgators,  who  are  well  known 
and  of  honest  reputation,  and  approved  of  by  the  commissioners  of 
that  division,  where  they  dwell  or  inhabit,  which  shall  in  such  open 
court,  likewise  solemnly  declare  and  aver,  that  they  believe  in  their 
consciences,  such  person  and  persons  so  condemned,  have  not  werewith 
further  to  pay  the  said  condemnation  or  condemnations,  he  or  they 
shall  be  thence  forthwith  discharged  from  their  said  imprisonment, 
any  law  or  custom  to  the  contrary  thereof,  heretofore  in  the  said 
Province,  notwithstanding.  And  upon  such  summons  and  default  of 
appearance,  recorded  as  aforesaid,  and  such  person  and  persons  not 
appearing  within  forty  days  after,  it  shall  and  may  be  lawful  for 
such  court  of  judicature  to  proceed  to  tryal,  of  twelve  lawful  men  to 
judgment,  against  such  defaulters,  and  issue  forth  execution'  against 
his  or  their  estate,  real  and  personal,  to  satisfy  such  penalty  or  penal- 
ties, to  such  debt  and  damages  so  recorded,  as  far  as  it  shall  or  may 
extend. 

Chapter  XIX 

That  there  shall  be  in  every  court,  three  justices  or  commissioners, 
who  shall  sit  with  the  twelve  men  of  the  neighborhood,  with  them  to 
hear  all  causes,  and  to  assist  the  said  twelve  men  of  the  neighborhood 
in  case  of  law;  and  that  they  the  said  justices  shall  pronounce  such 
judgment  as  they  shall  receive  from,  and  be  directed  by  the  said 
twelve  men  in  whom  only  the  judgment  resides,  and  not  otherwise. 

And  in  case  of  their  neglect  and  refusal,  that  then  one  of  the  twelve, 
by  consent  of  the  rest,  pronounce  their  own  judgment  as  the  justices 
should  have  done. 

And  if  any  judgment  shall  be  past,  in  any  case  civil  or  criminal,  by 
any  other  person  or  persons,  or  any  other  way,  then  according  to  this 
agreement  and  appointment,  it  shall  be  held  null  and  void,  and  such 
person  or  persons  so  presuming  to  give  judgment,  shall  be  severely 
fin'd,  and  upon  complaint  made  to  the  General  Assembly,  by  them  be 
declared  incapable  of  any  office  or  trust  within  this  I^rovince. 

Chapter  XX 

That  in  all  matters  and  causes,  civil  and  criminal,  proof  is  to  be 
made  by  the  solemn  and  plain  averment,  of  at  least  two  honest  and 
reputable  persons;  and  in  case  that  any  person  or  persons  shall  bear 
false  witness,  and  bring  in  his  or  their  evidence,  contrary,  to  the 
truth  of  the  matter  as  shall  be  made  plainly  to  appear,  that  then 
every  such  person  or  persons,  shall  in  civil  causes,  suffer  the  penalty 
which  would  be  due  to  the  person  or  persons  he  or  they  bear  witness 
against.     And  in  case  any  witness  or  witnesses,  on  the  behalf  of  any 


New  Jersey— 1676  2551 

person  or  persons,  indicted  in  a  criminal  cause,  shall  be  found  to 
have  borne  false  witness  for  fear,  gain,  malice  or  favour,  and  thereby 
hinder  the  due  execution  of  the  hiw,  and  deprive  the  suffering  person 
or  persons  of  their  due  satisfaction,  that  then  and  in  all  other  cases 
of  false  evidence,  such  person  or  persons,  shall  be  first  severely  fined, 
and  next  that  he  or  they  shall  forever  be  disabled  from  being  admitted 
in  evidence,  or  into  any  public  office,  employment,  or  service  within 
this  Province. 

Chapter  XXI 

.  That  all  and  every  person  and  persons  whatsoever,  who  shall  prose- 
cute or  prefer  any  indictment  or  information  against  others  for  any 
personal  injuries,  or  matter  criminal,  or  shall  prosecute  for  any  other 
criminal  cause,  (treason,  murther,  and  felony,  only  excepted)  shall 
and  may  be  master  of  his  own  process,  and  have  full  power  to  for- 
give and  remit  the  person  or  persons  offending  against  him  or  herself 
only,  as  well  before  as  after  judgment,  and  condemnation,  and  pardon 
and  remit  the  sentence,  fine  and  punishment  of  the  person  or  persons 
offending,  be  it  personal  or  other  whatsoever. 

Chapter  XXII 

That  the  tryals  of  all  causes,  civil  and  criminal,  shall  be  heard  and* 
decided  by  the  virdict  or  judgment  of  twelve  honest  men  of  the  neigh- 
borhood, only  to  be  summoned  and  presented  by  the  sheriff  of  that 
division,  or  propriety  where  the  fact  or  trespass  is  committed;  and 
that  no  person  or  persons  shall  be  compelled  to  fee  any  attorney  or 
councillor  to  plead  his  cause,  but  that  all  persons  have  free  liberty  to 
plead  his  own  cause,  if  he  please:  And  that  no  person  nor  persons 
imprisoned  upon  any  account  whatsoever  within  this  Province,  shall 
be  obliged  to  pay  any  fees  to  the  officer  or  officers  of  the  said  prison, 
either  when  committed  or  discharged. 

Chx\pter  XXIII 

That  in  all  publick  courts  of  justice  for  tryals  of  causes,  civil  or 
criminal,  any  person  or  persons,  inhabitants  of  the  said  Province  may 
freely  come  into,  and  attend  the  said  courts,  and  hear  and  be  present, 
at  all  or  any  such  tryals  as  shall  be  there  had  or  passed,  that  justice 
may  not  be  done  in  a  corner  nor  in  any  covert  manner,  being  intended 
and  resolved,  by  the  help  of  the  Lord,  and  by  these  our  Concessions 
and  Fundamentals,  that  all  and  every  person  and  persons  inhabiting 
the  said  Province,  shall,  as  far  as  in  us  lies,  be  free  from  oppression 
and  slavery. 


QUINTIPARTITE  DEED  OF  REVISION,  BETWEEN  E.  AND  W. 
JERSEY:  JULY  1st,  1676" 

This  indenture,  quintipartite,  made  the  first  day  of  July,  Anno 
Domini  1676,  and  in  the  eighth  and  twentieth  year  of  the  reign  of 
our  sovereign  Lord  King  Charles,  the  Second,  over  England,  &c. 

oVorified  by  "Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.  pp.  Gl-72. 


2552  New  Jersey— 1676 

Between  Sir  George  Carteret,  of  Saltrum,  in  the  County  of  Devon, 
knight  and  baronet,  and.  one  of  his  Majesty's  most  honourable  privy 
Council,  of  the  first  part:  William  Penn  of  Ricksmansworth,  in  the 
county  of  Hertford,  Esq;  of  the  second  part:  GaAvn  Lawry  of  Lon- 
don, merchant,  of  the  third  part :  Nicholas  Lucas  of  Hertford,  in  the 
county  of  Hertford,  malster,  of  the  fourth  part:  and  EdAvard  Bil- 
linge  of  Wisminster,  in  the  county  of  Middlesex,  gent,  of  the  fifth 
part.  Whereas  our  said  Sovereign  Lord  the  king's  Majesty,  in  and 
by  his  Letters  Patents  under  the  great  seal  of  England  bearing  date 
the  twelfth  day  of  March,  in  the  sixteenth  year  of  his  said  Majesty's 
reign,  for  the  consideration  therein  mentioned,  did  give  and  grant 
unto  his  dearest  brother  James,  Duke  of  York,  his  heirs  and  assigns 
all  that  part  of  the  main  land  of  New  England,  beginning  at  a  cer- 
tain place  called  or  known  by  the  name  of  St.  Croix,  next  adjoining 
to  New  Scotland,  in  America;  and  from  thence  extending  along  the 
sea  coast  to  a  certain  place  called  Pemaquine  or  Pemaquid,  and  so  up 
the  river  to  the  furthest  head  of  the  same  as  it  tendeth  northward; 
and  extending  from  thence  to  the  river  of  Kenebeque,  and  so  upwards 
to  the  river  Canada  northward.  And  also  all  that  island  or  islands 
commonly  called  by  the  several  name  or  names  of  Matowacks  or  Long 
Island,  situate  and  being  towards  the  west  of  Cape  Codd  and  the 
Narrow  Higansetts,  abutting  upon  the  main  land  between  the  two 
rivers  there,  commonly  called  or  known  by  the  several  names  of  Con- 
necticutt,  and  Hudson's  river ;  together  also  with  the  said  river  called 
Hudson's  river,  and  all  the  lands  from  the  -west  side  of  Connecticutt 
river  to  the  east  side  of  Delaware  bay:  and  also  all  those  several 
islands  called  or  known  by  the  names  of  Martin's  Vineyard  or  Nan- 
tukes,  otherwise  Nantucket ;  together  w^ith  all  the  lands,  islands,  soils, 
rivers,  harbours,  mines,  minerals,  quarries,  w^oods,  marshes,  waters, 
lakes,  fishing,  hawking,  hunting,  and  fowling,  and  all  other  royalties, 
proffits,  commodities  and  hereditaments  to  the  said  several  islands, 
lands  and  premises  belonging  and  appertaining,  with  their  and  every 
of  their  appurtenances;  and  all  his  said  Majesty's  estate,  right  title, 
and  interest,  benefit,  advantage,  claim  and  demand  of,  in,  or  to  the 
said  land  and  premises,  or  any  part  thereof;  and  the  reversion  and 
reversions,  remainder  and  remainders;  together  with  the  yearly  and 
other  rents,  revenues,  and  profits  of  all  and  singular  the  said  prem- 
isses, and  every  part  and  parcel  thereof;  to  have  and  to  hold  unto 
his  said  Majesty's  said  dear  brother,  the  said  James  Duke  of  York, 
his  heirs  and  assigns  for  ever;  to  be  holden  of  the  King's  Majesty,  his 
heirs  and  successors,  as  of  his  majesty^s  mannor  of  East  Greenwich, 
in  his  Majesty's  county  of  Kent,  in  free  and  common  soccage,  and  not 
in  capite  or  b;^  knight  service,  under  the  yearly  rent  of  forty  beaver 
skins,  to  be  paid  unto  his  said  Majesty  his  heirs  and  successors,  when 
they  shall  be  demanded,  or  within  nmety  days  after,  as  by  the  said 
Letters  Patent,  relation  being  thereunto  had,  it  may  appear:  in  and 
by  which  said  Letters  Patent  his  said  Majesty  did  likewise  give  and 
grant  unto  his  said  dearest  brother  James  Duke  of  York,  his  heirs, 
deputies,  agents,  commissioners  and  assigns,  full  and  absolute  power 
and  authority  for  the  correcting,  punishing,  pardoning,  governing 
and' ruling  ^uch  of  the  subjects  of  his  said  Majesty,  of  his  heirs  and 
successors,  as  shall  at  any  time  adventure  themselves  into  the  said 
port  and  places,  or  inhabit  there,  according  to  such  laws,  orders,  ordi- 
nances, directions  and  instructions,  as  by  his  said  Majesty's  said 


> 


New  Jersey— 1676  2553 

dearest  brother,  or  his  assigns,  shall  be  established;  and  in  defect 
thereof,  in  case  of  necessity,  according  to  the  good  discretions  of  his 
deputies,  commissioners,  officers  or  assigns  respectively,  as  well  in  all 
causes  and  matters  capital  and  criminal,  as  civil,  both  marine  and 
others,  in  such  manner,  and  under  such  restrictions  as  is  therein 
specified;  and  to  do,  exercise  and  execute  all  and  every  others  the 
powers  and  authorities  therein  mentioned,  as  by  the  same  Letters 
Patent,  and  by  the  several  powers  and  authorities  thereby  given  and 
granted,  and  therein  specified,  it  doth  and  may  appear.  And  whereas 
in  and  by  two  several  indentures,  the  one  being  an  indenture  of  bar- 
gain and  sale  for  the  term  of  one  whole  year,  and  bearing  date  the 
three  and  twentieth  day  of  June,  Anno  Domini  1664 :  and  the  other 
being  an  indenture  of  grant,  release  or  confirmation,  and  bearing  date 
the  four  and  twentieth  day  of  the  same  month  of  June,  Anno  Domini 
1664,  and  both  of  them  made  between  his  said  Majesty's  said  dearest 
brother,  the  said  James  Duke  of  York  by  the  name  of  his  Royal 
Highness  James  Duke  of  York  and  Albany,  Earl  of  Ulster,  Lord 
High  Admiral  of  England  and  Ireland,  Constable  of  Dover  Castle, 
Lord  Warden  of  the  Cinque  Forts,  and  Governor  of  Portsmouth,  of 
the  one  part :  John  Lord  Berkley,  Baron  of  Stratton,  and  one  of  his 
Majesty's  most  honourable  Privy  Council,  and  Sir  George  Carteret 
of  the  othev  part :  And  by  other  good  and  sufficient  conveyances  and 
assurances  in  the  law  duly  executed,  reciting  the  said  Letters  Patents 
herein  before  recited,  and  the  several  and  respective  premises  thereby 
granted ;  his  Royal  Highness  he  the  said  James  Duke  of  York,  for  the 
considerations  therein  mentioned,  did  grant,  convey  and  assure  to  John 
Lord  Berkley  and  Sir  George  Carteret,  their  heirs  and  assigns  for- 
ever, all  that  tract  of  land  adjacent  to  New  England,  and  lying  and 
being  to  the  westward  of  Long  Island  and  Manhatan  Island,  part  of 
the  said  main  land  of  New  England,  beginning  at  St.  Croix,  men- 
tioned to  be  granted  to  his  said  Royal  Highness  by  the  said  therein  and 
herein  before  recited  Letters  Patent,  bounded  on  the  east,  part  by  the 
main  sea  and  part  by  Hudson's  river ;  and  hath  upon  the  west  Dela- 
ware bay  or  river,  and  extendeth  southward  to  the  main  ocean  as  far 
as  Cape  May  at  the  mouth  of  Delaware  bay  and  to  the  northward 
as  far  as  the  northermost  branch  of  the  said  bay  or  river  of  Delaware, 
which  is  in  forty  one  degrees  and  forty  minutes  of  lattitude,  and 
crosseth  over  thence  in  a  strait  line  to  Hudson's  river  in  forty  one 
degrees  of  lattitude ;  which  said  tract  of  land  was  then  afterwards  to 
be  called  by  the  name  or  names  of  New  Caesarea  or  New  Jersey ;  and 
also  all  rivers,  mines,  minerals,  woods,  fishings,  hawkings,  huntings, 
and  fowlings,  and  all  other  royalties,  profits,  commodities  and  hered- 
itaments whatsoever  to  the  said  land  and  premises  belonging,  or  in 
anywise  appertaining,  with  their  and  every  of  their  appurtenances, 
in  as  full  and  ample  manner  as  the  same  was  or  were  granted  to  his 
said  Royal  Highness  the  said  Duke  of  York,  in  and  by  the  said  therein 
and  herein  before  recited  Letters  Patents;  and  all  the  estate,  right, 
title,  interest,  benefit,  advantage,  claim  and  demand  of  the  said  James 
Duke  of  York,  of,  in,  or  to  the  said  lands  and  premises,  or  any  part  or 
parcel  thereof,  and  the  reversion  and  reversions,  remainder  and  re- 
mainders thereof,  to  have  and  to  hold  unto  the  said  John  Lord  Ber- 
keley and  Sir  George  Carteret,  their  heirs  and  assigns  for  ever,  under 
the  yearly  rent  or  sum  of  twenty  nobles,  payable  unto  his  said  Royal 
Highness  the  said  James  Duke  of  York,  in  manner  as  the  same  is 


2554  New  Jersey— 1676 

aforesaid  therein  to  be  paid,  as  in  and  by  the  said  last  recited  inden- 
tures and  conveyances,  relation  being  thereunto  had,  may  appear. 
And  whereas  in  and  by  one  certain  indenture  of  bargain  and  sale 
dated  the  eighteenth  day  of  March  Anno  Domini  1673,  and  in  the  six 
and  twentieth  year  of  his  said  Majesty's  reign,  made  between  the  said 
John  Lord  Berkeley  of  the  one  part,  and  John  Fenwick,  of  Binfield, 
in  the  county  of  Berks,  Esq;  of  the  other  part,  and  duly  enrolled  in 
his  Majesty's  High  Court  of  Chancery  in  England,  reciting  the  said 
herein  before  recited  Letters  Patents,  indentures  and  conveyances,  the 
said  John  Lord  Berkeley  for  and  in  consideration  of  the  sum  of  one 
thousand  pounds  therein  mentioned,  to  have  been  paid  unto  him  by 
the  said  John  Fenwick,  and  for  other  the  consideration  therein  men- 
tioned, did  grant,  bargain,  sell  and  convey  unto  the  said  John  Fen- 
wick, his  heirs  and  assigns,  all  that  the  moiety  or  half  part  of  him  the 
said  John  Berkeley  of  and  in  the  said  tract  of  land  and  premises  so 
to  be  or  then  called  by  the  names  of  New  Caesarea  or  New  Jersey: 
And  also  all  that  his  moiety  or  half  part  of  all  rivers,  rivelets,  mines, 
minerals,  quarries,  woods,  fishings,  haw^kings,  huntings,  fowlings,  and 
all  other  royalties,  profits,  forts,  franchises,  liberties,  governments, 
powers,  priviledges,  commodities,  hereditaments  and  immunities  what- 
soever, to  the  said  land  and  premises  belonging ;  wdth  their  and  every 
of  their  appurtenances,  in  as  full,  ample  and  beneficial  manner  to  all 
intents  and  purposes  as  the  same  Avas  granted  to  the  said  John  Lord 
Berkley  and  the  said  Sir  George  Carteret,  their  heirs  and  assigns,  by 
him  his  said  Royal  Highness  the  said  James  Duke  of  York,  and  all 
the  estate,  right,  title  interest,  benefit,  property,  claim  and  demand 
whatsoever,  unto  the  said  John  Lord  Berkeley,  of,  in,  or  to  the  said 
moiety  or  half  part  of  the  said  lands  and  premises  or  any  part  or 
parcel  thereof,  by  force,  virtue  or  means  of  the  said  therein  and  herein 
before  recited  Letters  Patents  or  conveyances,  or  either  or  any  of 
them,  or  otherwise,  howsoever,  and  the  reversion  and  reversions,  re- 
mainder and  remainders  of  the  same,  to  have  and  to  hold  unto  the 
said  John  Fenwick,  his  heirs  and  assigns  forever,  to  the  only  use  and 
behoof  of  the  said  John  Fenwick  his  heirs  and  assigns  forever,  as  by 
the  said  last  recited  indentures  of  bargain  and  sale,  relation  being 
thereunto  had,  it  may  appear.  And  whereas  in  and  by  two  other 
indentures,  the  one  being  an  indenture  of  bargain  and  sale  for  the 
term  of  one  whole  year,  and  bearing  date  the  ninth  day  of  February 
Avhich  was  in  the  year  of  our  Lord  1674,  and  made  between  the  said 
John  Fenwick  and  Edward  Billinge,  of  the  one  part,  and  the  said 
William  Penn,  Gawn  Lawry  and  N^icholas  Lucas  of  the  other  part. 
And  the  other  being  an  indenture  tripartite  of  grant,  release  or  con- 
firmation, bearing  date  the  tenth  day  of  the  same  month  of  February, 
Anno  Domini  1674,  and  made  betAveen  the  said  John  Fenwick  of  the 
first  part:  The  said  Edward  Billinge  of  the  second  part:  And  the 
said  William  Penn,  Gawn  Lawry,  and  Nicholas  Lucas  of  the  third 
part ;  and  by  several  other  good  and  sufficient  conveyances  and  assur- 
ances in  the  law  duly  executed,  the  said  moiety  or  half  part  of  the 
said  tract  of  land,  and  the  said  moiety  or  half  part  of  all  and  ever}^ 
other  the  said  several  and  respective  premises  so  convey'd  unto  the 
said  John  Fenwick  as  aforesaid,  with  all  and  every  the  right,  mem- 
bers and  appurtenances  of  the  same,  were  convey'd  unto,  and  remains 
now  vested  in  the  said  William  Penn,  Gawn  Lawry  and  Nicholas 


New  Jersey— 1676  '        2555 

Lucas,  and  their  heirs,  to  the  use  of  them  and  their  heirs  and  assigns 
for  ever,  (in  which  nevertheless  the  said  Edward  Billinge,  claimeth 
to  have  equitable  interest)  so  as  the  said  William  Penn,  Gawn  Lawry 
and  Nicholas  Lucas,  do  now  actually  stand  seized  of,  and  in  gne  undi- 
vided moiety  or  half  part  of  all  and  every  the  said  premises  so 
granted  unto  the  said  John  Lord  Berkeley  and  Sir  George  Carteret 
as  aforesaid,  as  jointenants  between  themselves;  and  do  now  hold 
the  same  to  them  and  their  heirs,  as  tenants  in  common  with  the  said 
Sir  George  Carteret,  who  is  now  actually  seiz'd  of  the  other  undivided 
moiety  or  half  part  of  all  and  every  the  same  premises,  and  doth  now 
Jiold  the  same  to  him  and  his  heirs  as  tenant  in  common  with  the  said 
William  Penn,  Gawn  LaAvry,  and  Nicholas  Lucas.  And  Whereas 
they  the  said  Sir  George  Carteret,  William  Penn,  Gawn  Lawry, 
Nicholas  Lucas  and  Edward  Billinge;  have  agreed  to  make  a  parti- 
tion between  them  of  the  said  tract  of  land,  and  of  the  said  several 
and  respective  premises  whereof  they  now  stand  so  seized  as  tenants 
in  common  as  aforesaid,  and  it  hath  been  agreed  between  them,  that 
the  said  Sir  George  Carteret  shall  have  for  his  share  and  part  of  the 
said  tract  of  land,  and  of  the  said  several  and  respective  premises  to 
be  holden  by  him  the  said  Sir  George  Carteret  his  heirs  and  assigns 
for  ever,  in  severalty  as  his  lawful  and  equal  part,  share  and  propor- 
tion tract  of  land,  and  of  all  and  every  the  said  several  and  respective 
premises,  and  to  be  from  henceforth  called,  know^n  and  distinguish 'd 
by  the  name  of  East  New  Jersey,  all  that  easterly  part,  share  and 
portion  of  the  said  tract  of  land  and  premises,  lying  on  the  east  side 
and  eastward  of  a  strait  and  direct  line  drawn  thro'  the  said  premises 
from  north  to  south,  from  the  dividing  and  making  a  partition  or 
separation  of  the  said  eastern  part,  share  and  portion  from  the 
westerly  part,  share  and  portion  of  the  same  tract  of  land  and 
premises,  as  is  herein  after  particularly  described.  And  that  the  said 
William  Penn,  Gawn  Lawrie,  and  Nicholas  Lucas,  shall  have  their 
share  and  part  of  the  said  tract  of  land,  and  of  the  said  several  and 
respective  premises  to  be  holden  by  them  the  said  William  Penn, 
Gawn  Lawry,  and  Nicholas  Lucas,  their  heirs  and  assigns,  in  sev- 
eralty as  their  full  and  equal  part,  share  and  portion  of  the  said  tract 
of  land ;  and  all  and  every  the  said  several  and  respective  premises, 
subject  to  the  same  trust  for  the  benefit  of  the  said  Edward  Billinge, 
as  the  said  undivided  moiety  was  subject,  and  to  be  from  henceforth 
called  and  distinguished  by  the  name  of  West  New  Jersey,  all  that 
westerly  part,  share  and  portion  of  the  said  tract  of  land  and  prem- 
isses, lying  on  the  west  side  and  westward  of  the  aforesaid  strait  and 
direct  line  drawn  thro'  the  said  premises  from  north  to  south  as  afore- 
said, as  is  hereafter  also  particularly  described.  Now  these  presents 
witness,  that  in  pursuance  and  performance  of  the  said  before  recited 
agreement,  and  for  the  better  perfecting  of  the  said  conditions  are 
agreed  to  be  made  as  aforesaid ;  and  for  and  in  consideration  of  five 
shillings  to  them  the  said  William  Penn,  Gawn  Lawry,  Nicholas 
Lucas  and  Edward  Billinge  in  hand  paid  by  the  said  Sir  George 
Carteret,  the  receipt  w^iereof  they  do  hereby"  respectively  acknowl- 
edge, the  said  Edward  Billinge  and  they  the  said  William  Penn, 
Gawn  Lawry  and  Nicholas  Lucas,  by  and  with  the  consent,  direction 
and  appointment  of  the  said  EdAvard  Billinge,  testified  by  his  being 
a  party  hereunto,  and  by  his  sealing  and  executing  of  these  presents, 


2556       *  New  Jersey— 1676 

have  and  each  of  them  hath  bargained,  sold,  released,  and  confirmed 
and  conveyed;  and  do,  and  each  of  them  doth,  bargain,  sell,  release, 
confirm  and  convey  unto  the  said  Sir  George  Carteret  his  heirs  and 
assigns  forever,  all  that  easterly  part,  share  and  portion,  and  all 
those  easterly  parts,  shares  and  portions  of  the  said  tract  of  land  and 
premises  so  granted  and  conveyed  by  his  said  Royal  Highness  the 
said  James  Duke  of  York,  unto  the  said  John  Lord  Berkeley  and  Sir 
George  Carteret  as  aforesaid,  extending  eastward  and  northward 
along  the  sea  coast  and  the  said  river  called  Hudson's  river,  from  the 
east  side  of  a  certain  place  or  harbour  lying  on  the  southern  part  of 
the  same  tract  of  land,  and  commonly  called  or  known  in  a  map  of  the 
said  tract  of  land,  by  the  name  of  Little  Egg  Harbour,  to  that  part 
of  the  said  river  called  Hudson's  river,  w^hich  is  in  forty-one  degrees 
of  latitude,  being  the  furthermost  part  of  the  said  tract  of  land  and 
premises  which  is  bounded  by  the  said  river,  and  crossing  over  from 
thence  in  a  strait  line,  extending  from  that  part  of  Hudson's  river 
aforesaid  to  the  northermost  branch,  or  part  of  the  before  mentioned 
river  called  DelaAvare  river,  and  to  the  most  northerly  point  or  bound- 
ary of  the  said  tract  of  land  and  premises,  so  granted  by  his  said 
Royal  Highness  James  Duke  of  York,  unto  the  said  Lord  Berkely 
and  Sir  George  Carteret,  now  by  the  consent  and  agreement  of  the 
said  parties  to  these  presents,  called  and  agreed  to  be  called  the  north 
partition  point,  and  from  thence,  that  is  to  say,  from  the  said  north 
partition  point  extending  southward  by  a  strait  and  direct  line, 
drawn  from  the  north  partition  southward,  thro'  the  said  tract  of 
land,  unto  the  most  southwardly  point  of  the  east  side  of  Little  Egg 
Harbour  aforesaid;  which  said  most  southwardly  point  of  the  east 
side  of  Little  Egg  Harbour  is  now  by  the  consent  and  agreement  of 
the  said  parties  to  these  presents,  called  and  agreed  to  be  from  hence- 
forth called,  the  south  partition  point:  and  which  said  strait  and 
direct  line  drawn  from  the  said  north  partition  point,  thro'  the  said 
tract  of  land,  unto  the  said  south  partition  point,  is  now  by  the  con- 
sent and  agreement  of  the  said  parties  to  these  presents,  called  and 
agreed  to  be  called,  the  line  of  partition,  which  is  the  line  herein 
before  mentioned  to  be  intended,  by  the  said  consent  and  agreement 
of  the  said  parties,  for  the  dividing  and  making  a  partition  or  sepa- 
ration of  the  said  easterly  part,  share  and  portion,  from  the  westerly 
part,  share  and  portion  of  the  said  tract  of  land  and  premises,  so  con- 
veyed by  his  said  Royal  Highness  aforesaid,  in  and  by  these  presents 
intended  to  be  bargain'd,  sold  and  convey'd  by  the  said  Sir  George 
Carteret  unto  the  said  William  Penn,  Gawn  Law^ry  and  Nicholas 
Lucas,  and  all  and  every  the  isles,  islands,  rivers,  mines,  minerals, 
woods,  fishing,  hawkings,  huntings,  and  f owlings ;  and  all  other  roy- 
alties, governments,  powers,  forts,  franchises,  harbours,  profits,  com- 
modities and  hereditaments  whatsoever,  unto  the  said  easterly  part, 
share  and  portion  of  the  said  tract  of  land  and  premises  belonging,  or 
in  any  wise  appertaining,  with  their  and  every  of  their  appurte- 
nances, and  all  the  estate,  right,  title,  interest,  benefit,  advantage, 
claim  and  demand  whatsoever,  as  well  in  law  as  in  equity,  of  them  the 
said  Edward  Billinge,  William  Penn,  Gawn  Lawry,  Nicholas  Lucas, 
and  e^ch  and  every  of  them,  of,  in,  unto,  and  out  of  the  said  easterly 
part,  share  and  portion,  easterly  parts,  shares  and  portions  of  the  said 
tract  of  land  and  premises,  and  of,  in,  unto  and  out  of  every  part  and 


New  Jersey— 1676  2557 

parcel  of  the  same,  and  the  reversion  and  reversions,  remainder  and 
remainders  of  the  same,  and  of  every  part  and  parcel  of  the  same,  and 
all  rents,  duties  and  services  reserv'd  upon  any  estates  or  grants  here- 
tofore made  or  granted  by  the  said  Lord  Berkeley  and  Sir  George 
Carteret,  or  by  any  persons  claiming  any  estate,  interest  or  authority 
from,  by  or  under  either  of  them,  of  any  part  of  the  premises  hereby 
convey'd  to  the  said  Sir  George  Carteret;  which  said  rents,  duties 
and  services  reserved  upon,  which  said  estates  and  grants  made  of  any 
part  of  the  premisses  hereby  conveyed  to  the  said  Sir  George  Car- 
teret, shall  be  from  henceforth  due  and  payable  unto  the  said  Sir 
George  Carteret  and  his  heirs,  of  whom  all  such  estates  so  made  and 
granted  as  aforesaid,  are  to  be  from  henceforth  holden.  according  to 
the  true  intent  of  these  presents ;  which  said  easterly  part,  share  and 
portion,  parts,  shares  and  portions  of  the  said  tract  of  land  and 
premises  is  now  by  the  consent  and  agreement  of  the  said  parties  to 
these  presents,  called  and  agreed  from  henceforth  to  be  called,  by  the 
name  of  East  New  Jersey;  and  is  all  that,  and  only  all  that  part, 
share  and  portion  of  the  said  tract  of  land  and  premises  so  convey'd 
by  his  said  royal  highness  as  aforesaid;  as  lyeth  extended  from  the 
east  side  of  the  said  line  of  partition  before  mentioned,  to  have  and 
to  hold  unto  the  said  Sir  George  Carteret  his  heirs  and  assigns  in 
severalty,  to  the  sole  and  only  use  of  the  said  Sir  George  Carteret, 
and  of  his  heirs  and  assigns  forever.  And  each  of  them  the  said 
William  Penn,  Gawn  Lawry,  Nicholas  Lucas,  and  Edward  Billinge 
for  himself,  severally  and  respectively,  and  for  his  several  respective 
heirs,  executors  and  administrators,  and  for  his  several  and  respec- 
tive own  acts  only,  and  not  jointly,  nor  the  one  for  the  other,  or  for 
the  heirs,  executors,  administrators,  or  acts  of  the  other,  doth  cove- 
nant, grant  and  agree  to  and  with  the  said  Sir  George  Carteret,  his 
heirs  and  assigns,  by  these  presents,  that  he  hath  not  at  any  time 
heretofore  done,  or  suffered  any  act,  matter  or  thing  whatsoever, 
whereby,  or  by  reason  whereof,  the  said  premises  hereby  bargained, 
sold,  released,  confirmed  or  conveyed  by  the  said  Edward  Billinge, 
William  Penn,  Gawn  Lawry,  and  Nicholas  Lucas,  unto  the  said  Sir 
George  Carteret,  or  herein  or  hereby  meant,  mentioned  or  intended  so 
to  be  or  any  part  or  parcel  of  the  same,  is,  are,  shall  or  may  be  any 
ways  charged,  burthened  or  incumbered  in  title,  charge,  estate  or 
otherwise  howsoever,  other  than  such  arrears  (if  any  bej  which  now 
at  the  day  of  the  date  of  these  presents  are  due  and  unpaid,  upon  any 
the  restrictions,  contained  in  the  said  herein  before  recited  Letters 
Patents,  herein  before  recited  conveyances,  herein  before  recited  to 
have  been  made  by  his  said  royal  highness  James  Duke  of  York,  or 
either  or  any  of  them.  And  these  presents  further  witness  that  in 
further  pursuance  and  performance  of  the  said  herein  before  recited 
agreement,  and  for  the  further  perfecting  the  said  partition  so 
agreed  to  be  aforesaid,  and  in  consideration  of  five  shillings  to  him 
the  said  Sir  George  Carteret  in  hand  paid,  by  the  said  William  Penn, 
Gawn  Lawry  and  Nicholas  Lucas,  the  receipt  whereof  he  doth  hereby 
acknowledge,  the  said  Sir  George  Carteret  hath  bargained,  sold, 
released,  confirm'd  and  conveyed,  and  doth  by  these  presents,  bargain, 
sell,  release,  confirm  and  convey  unto  the  said  William  Penn,  Gawn 
Lawry,  and  Nicholas  Lucas,  and  to  their  heirs  and  assigns  forever,  all 
that  westerly  part,  share  and  portion,  and  all  that  and  those  other  part 


2558  New  Jersey— 1676 

and  parts,  share  and  shares,  portion  and  portions,  of  the  said  tract  of 
land  and  premises  so  granted  by  his  said  Royal  Highness,  the  said 
James  Duke  of  York,  unto  the  said  John  Lord  Berkley  and  Sir 
George  Carteret,  as  aforesaid;  and  which  said  westerly  part,  share 
and  portion,  and  which  said  other  parts,  shares  and  portions,  is  and 
are  extending  southward  and  westward,  and  northward  along  the  sea 
coast,  and  the  before  mentioned  bay  and  river  commonly  called  and 
known  by  the  name  or  names  of  Delaware  bay  and  Delaware  river, 
from  the  said  south  partition  point  before  mentioned,  to  be  on  the 
east  side  of  Little  Egg  Harbour,  unto  the  said  north  partition  point 
herein  before  mentioned,  to  be  on  the  before  mentioned  northermost 
branch  or  part  of  Delaw^are  river  aforesaid ;  and  from  thence,  that  is 
to  say,  from  the  said  north  partition  point,  extending  southward 
unto  the  said  south  i)artition  point  before  mentioned,  by  the  said 
before  mentioned  strait  and  direct  line  called  the  line  of  partition, 
drawn  thro'  the  said  tract  of  land  from  the  said  north  partition  point 
unto  the  said  south  partition,  by  the  consent  and  agreement  before 
mentioned,  intended  for  the  dividing  and  making  a  partition  or 
separation  of  the  said  westerly  part,  share  and  portion  from  the  be- 
fore mentioned  easterly  part,  share  and  portion  of  the  said  tract  of 
land  and  premises  so  conveyed  by  his  said  Royal  Highness  as  afore- 
said, and  herein  before  bargain'd,  sold  and  conveyed  by  the  said  Wil- 
liam Penn,  Gawn  Lawry,  Nicholas  Lucas,  and  Edward  Billinge,  unto 
the  said  Sir  George  Carteret  as  aforesaid,  and  all  and  every  the  isles, 
islands,  rivers,  mines,  minerals,  w^oods,  fishings,  hawkings,  huntings, 
and  fowlings,  and  all  other  royalties,  governments,  powers,  forts, 
franchises,  harbours,  profits,  commodities  and  hereditaments  w^hat- 
soever,  unto  the  said  westernly  part,  share  and  portion  of  the  said 
tract  of  land  and  premises,  hereby  bargained  by  the  said  Sir  George 
Carteret,  belonging  or  in  any  w^ays  appertaining,  with  their  and  every 
of  their  appurtenances,  and  all  the  estate,  right,  title,  interest,  bene- 
fit, advantage,  claim  and  demand,  w^iatsoever,  as  well  in  law  as  in 
equity  of  him  the  said  Sir  George  Carteret,  of,  in,  unto  and  out  of  the 
same,  and  of,  in,  unto  and  out  of  every  part  and  parcel  of  the  same, 
together  with  the  reversion  and  reversions,  remainder  and  remainders 
of  the  same,  and  of  every  part  and  parcel  of  the  same,  and  all  rents, 
duties  and  services  upon  any  estates  or  grants  heretofore  made  or 
granted  by  the  said  Lord  Berkeley  and  Sir  George  Carteret,  or  either 
of  them,  of  any  part  or  parts  of  the  said  premises  hereby  convey'd 
to  the  said  William  Penn,  Gawn  Lawry,  and  Nicholas  Lucas,  or 
herein  or  hereby  mentioned,  or  intended  so  to  be;  all  which  said 
westerly  part,  share  and  portion,  parts,  shares  and  portions  of  the 
said  tract  of  land  and  premises  are  now  by  the  consent  and  agree- 
ment of  the  parties  to  these  presents,  called  and  agreed  from  hence- 
forth to  be  called  by  the  name  of  West  Jersey,  and  is  all  that  and 
only  all  that  part,  share  and  portion,  and  all  those  parts,  shares  and 
portions,  of  the  said  tract  of  land  and  premises  so  conveyed  by  his 
said  Royal  Highness  as  aforesaid,  as  lyeth  extended  westward,  or 
southward  from  the  west  side  of  the  said  line  of  partition,  before 
mentioned,  to  have  and  to  hold  unto  the  said  William  Penn,  Gawn 
Lawry,  and  Nicholas  Lucas,  their  heirs  and  assigns  in  severalty,  to 
the  only  use  of  the  said  William  Penn,  Gawn  Lawry  and  Nicholas 
Lucas,  and  of  their  heirs  and  assigns  forever.     And  the  said  Sir 


New  Jersey— 1676  2559 

George  Carteret  for  him,  his  heirs,  executors,  and  administrators, 
doth  by  these  presents  covenant,  grant  and  agree  to,  and  with  the 
said  William  Penn,  his  heirs  and  assigns,  and  also  to  and  with  the 
said  Gawn  Lawry  his  heirs  and  assigns,  and  likewise  to  and  with  the 
said  Nicholas  Lucas,  his  heirs  and  assigns,  and  also  to  and  with  the 
said  Edward  Billinge,  his  heirs  and  assigns,  that  he  the  said  Sir 
George  Carteret  hath  not  at  any  time  heretofore  done  or  suffer'd  any 
act,  matter  or  thing  whatsoever,  whereby  or  by  reason  whereof  the 
said  premises  hereby  bargain'd,  sold,  released  and  confirm'd  or 
convey'd  by  him  the  said  Sir  George  Carteret  unto  the  said  Wil- 
liam Penn,  Gawn  Lawry  and  Nicholas  Lucas,  or  herein  or  hereby 
meant,  mention'd  or  intended  so  to  be,  or  any  part  or  parcel  of 
the  same,  is,  are,  shall  or  may  be  any  Avays  charged,  burthened  or 
incumbered  in  title,  charge  or  estate,  or  otherwise  howsoever,  other 
than  such  arrears  (if  any  be)  which  now  at  the  day  of  the  date 
of  these  presents  are  due  and  unpaid,  upon  any  tjie  reserva- 
tions contained  in  the  said  herein  before  recited  Letters  Patent,  and 
herein  before  recited  conveyances,  herein  before  recited  to  have  been 
made  by  his  said  Royal  Highness  the  said  Duke  of  York,  or  either 
or  any  of  them,  and  other  than  such  lawful  estates  and  grants  of 
land  and  plantations,  part  of  the  said  premises,  as  have  been  at  any 
time  heretofore  by  him  the  said  Sir  George  Carteret,  either  within 
themselves,  together  with  the  said  Lord  Berkeley,  or  by  authority 
lawfully  derived  from  him,  or  from  him  and  the  said  Lord  Berkeley, 
made  and  granted  to  any  planter  or  planters  now  in  actual  posses- 
sion of  the  same  lands  and  plantations,  and  which  have  been  made 
and  granted  according  to  the  rules  and  laws  of  plantations  now  in 
force  in  the  said  country,  under  the  usual  and  accustoni'd  rents, 
duties  and  services  by  the  said  rules  and  laws  appointed  and  directed 
to  be  observed  upon  grants  of  themselves  there :  All  and  singular 
which  said  rents,  duties  and  services  reserved  upon  which  said  es- 
tates and  grants,  shall  be  from  hence  forth  dueand  payable  unto  the 
said  William  Penn,  Gawn  Lawry  and  Nicholas  Lucas,  their  heirs 
and  assigns ;  of  whom  all  such  estates  so  made  and  granted  as  afore- 
said, are  to  be  from  henceforth  holden  according  to  the  true  intent 
of  these  presents,  and  of  all  the  respective  parties  hereunto:  And  it 
is  hereby  declared  and  agreed,  by  all  the  respective  parties  to  these 
presents,  to  be  the  true  intent  and  meaning  of  these  presents,  and  of 
all  the  respective  parties  hereunto,  that  the  aforesaid  rent  of  twenty 
nobles  herein  before  mentioned,  to  be  reserved  due  and  payable  unto 
his  said  Royal  Highness  the  said  James  Duke  of  York,  and  his  heirs, 
shall  from  henceforth  be  equally  paid  and  borne  in  manner  following, 
that  is  to  say  one  equal  moiety  or  half  part  thereof  by  the  said  Sir 
George  Carteret,  his  heirs  and  assigns,  and  to  be  issuing  out  of,  and 
charged  and  chargeable  upon  that  part  and  share  of  the  said  prem- 
ises which  is  hereby  conveyed  unto  the  said  Sir  George  Carteret,  his 
heirs  and  assigns ;  and  the  other  equal  moiety  or  half  part  thereof  by 
the  said  William  Penn,  Gawn  Lawry  and  Nicholas  Lucas,  their 
Heirs  and  assigns,  and  to  be  issuing  out  of,  and  charged  and  charge- 
able upon  that  part  and  share  of  the  said  premises  which  is  hereby 
conveyed  unto  the  said  William  Penn,  Gawn  Lawry  and  Nicholas 
Lucas,  their  heirs  and  assigns.  In  tcitncs,^  Avhereof  all  the  said  re- 
spective parties  to  these  presents,  have  to  each  part  of  these  presents 


2560  New  Jersey— 1680 

set  their  respective  hands  and  seals,  the  day  and  year  first  above 
written. 

G.  Carteret. 
W.  Penn. 
Gawn  La  wry. 
Nicholas  Lucas. 
Edavard  Billinge. 
Sealed  and  delivered  in  the  presence  of 
Henry  West. 
James  Bowers. 
Thomas  Langhorn. 

ElCHARD    LaNGHARN. 

John  Richardson. 


DUKE  OF  YORK'S  SECOND  GRANT  TO  WILLIAM  PENN,  GAWN 
LAWRY,  NICHOLAS  LUCAS,  JOHN  ELDRIDGE,  EDMUND  WAR- 
NER, AND  EDWARD  BYLLYNGE,  FOR  THE  SOIL  AND  GOVERN- 
MENT OF  WEST  NEW  JERSEY— AUGUST  6,  1680  « 

This  indenture  made  the  sixth  day  of  August,  Anno  Domini, 
1680,  and  in  the  two  and  thirtieth  year  of  the  reign  of  King  Charles 
the  Second,  over  England,  &c.  between  his  Royal  Highness,  James 
Duke  of  York,  and  Albany,  Earl  of  Ulster,  &c.  and  brother  to  our 
Sovereign  Lord  the  King,  of  the  one  part ;  Edward  Byllynge  of  West- 
minster, in  the  county  of  Middlesex,  gentleman ;  William  Penn,  late 
of  Rickmansworth,  in  the  county  of  Hertford,  and  now  of  Warming- 
hurst,  in  the  county  Sussex,  Esq;  Gawen  Lawry,  of  London,  mer- 
chant ;  Nicholas  Lucas,  of  Plertf ord,  in  the  said  county  of  Hertford, 
maulster,  John  Eldridge,  of  St.  Pauls  Shadwell,  in  the  County  of 
Middlesex,  tanner,  and  Edmond  Warner,  citizen  of  London,  of  the 
other  part.  Whereas  our  Sovereign  Lord  the  King's  Majesty  in 
and  by  his  Letters  Patent,  under  the  great  seal  of  England,  bearing 
date  the  twelfth  day  of  March  in  the  sixteenth  year  of  his  said 
Majesty's  reign,  did  (amongst  several  other  things  therein  men- 
tioned) give  and  grant  unto  his  said  Royal  Highness,  the  said  James 
Duke  of  York,  his  heirs  and  assigns,  all  that  tract  of  land  adjacent 
to  New  England,  in  the  parts  of  America,  and  lying  and  being  to 
the  westward  of  Long  Island,  and  Manhattas  Island,  and  bounded 
on  the  east  part  by  the  main  sea,  and  part  by  Hudson  river,  and 
hath  upon  the  west  Delaware  bay  or  river,  and  extendeth  southward, 
to  the  main  ocean,  as  far  as  Cape  May,  at  the  mouth  of  Delaware 
bay,  and  to  the  northward,  as  far  as  the  northermost  branch  of  said 
bay  or  river  of  Delaware,  which  is  in  one  and  forty  degrees,  and 
forty  minutes  of  lattitude,  and  crossing  over  thence  in  a  straight 
line  to  Hudson's  river,  in  one  and  forty  degrees  of  lattitude.  Which 
said  tract  of  land,  was  then  after  to  hQ  called  by  the  name  of  New 
Caesarea,  or  New  Jersey,  with  all  the  lands,  island,  soiles,  rivers, 
harbours,  mines,  minerals,  quarries,  woods,  marshes,  waters  lakes, 

a  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.     pp.  412-419. 


New  Jersey— 1680  2561 

fishings,  hawkings,  huntings,  and  fowlings,  and  all  other  royalties, 
profits,  commodities,  and  hereditaments,  unto  the  said  premises 
belonging  and  appertaining;  with  their  and  every  of  their  appurte- 
nances, and  all  his  said  Majesty's  estate,  right,  titles,  interest,  benefit, 
advantage,  claim  and  demand  of,  in  and  to  the  same  premises,  or 
any  part  or  parcel  thereof,  and  the  reversion  and  reversions,  re- 
mainder, and  remainders,  together  with  the  yearly  and  other  rents, 
revenues  and  profits  of  the  same,  and  of  every  part  and  parcel  thereof, 
to  hold  unto  his  said  Royal  Highness,  the  said  James  Duke  of  York, 
his  heirs  and  assigns  for  ever,  to  be  holden  of  his  said  Majesty,  his 
heirs  and  successors,  amongst  other  things  therein  granted,  as  of 
his  Majesty's  mannor  of  East  Greenwich,  m  his  Majesty's  county  of 
Kent,  in  free  and  common  soccage,  and  not  in  capite,  by  knight 
service,  and  under  the  yearly  rent  therein  mentioned.  And  whereas 
his  Royal  Highness  the  said  James  Duke  of  York,  did  heretofore  by 
several  good  and  sufficient  conveyances  and  assurances,  under  his 
hand  and  seal,  duly  executed,  and  dated  the  three  and  twentieth 
and  four  and  twentieth  days  of  June,  in  the  sixteenth  year  of  his 
said  Majesty's  reign,  for  the  consideration  therein  mentioned,  grant 
and  convey  the  said  tract  of  land,  and  premises  before  mentioned, 
unto  John  Lord  Berkley,  Baron  of  Stratton,  and  one  of  his  Majesty's 
most  honourable  privy  Council,  and  Sir  George  Carteret  of  Saltrum, 
in  the  county  of  Devon,  knight,  and  baronet,  and  one  of  his  Majesty's 
most  honourable  privy^  Council,  and  their  heirs,  the  said  tract  of 
land  and  premises  before  particularly  mentioned,  and  the  reversion 
and  reversions,  remainder  and  remainders  of  the  same,  to  hold  unto 
the  said  John  Lord  Berkley,  and  Sir  George  Carteret,  their  heirs 
and  assigns  forever,  under  the  yearly  rent  of  twenty  nobles  sterling, 
payable  as  the  same  is  therein  reserved  to  be  paid.  And  whereas  the 
said  John  Lord  Berkley,  did  afterwards  convey  all  his  full  and 
undivided  moiety  of  all  and  singular  the  same  premises,  unto  John 
Fenwick,  Esq;  his  heirs  and  assigns  for  ever,  in  trust,  and  by  the 
said  John  Fenwick  owned  to  be  in  trust  for  the  said  Edward 
Byllynge,  his  heirs  and  assigns  for  ever.  And  the  said  John  Fen- 
wick, afterwards  by  the  consent  and  direction  of  the  said  Edward 
Byllynge,  and  also  the  said  Edward  Byllynge  did  convey  the  said 
undivided  moiety  of  the  premises,  unto  the  said  William  Penn, 
Gawen  Lawry,  and  Nicholas  Lucas,  and  their  heirs,  to  the  uses 
following,  (that  is  to  say)  as  to  ten  equal  and  undivided  hundred 
parts  thereof  to  the  use  of  the  said  John  Fenwick,  and  of  his  heirs 
and  assigns  forever;  and  as  to  the  other  ninety  equal  and  undivided 
parts  being  the  residue  of  the  said  undivided  moiety,  to  the  use  of 
the  said  William  Penn,  Gawen  Lawry,  and  Nicholas  Lucas,  their 
heirs  and  assigns  forever,  in  trust  for  the  said  Edward  Byllynge,  his 
heirs  and  assigns  forever.  After  which  the  said  John  Fenwick,  con- 
veyed all  his  said  ten  equal  and  undivided  hundred  parts,  of  the 
said  undivided  moiety,  unto  John  Eldridge,  and  Edmund  Warner 
their  heirs  and  assigiis  forever.  And  the  said  John  Eldridge,  and 
Edmond  Warner,  did  convey  the  same  ten  equal  and  undivided 
hundred  parts,  unto  the  said  William  Penn,  Gawen  Lawry,  and 
Nicholas  Lucas  their  heirs  and  assigns  forever,  the  better  to  enable 
them  the  said  Edward  Byllynge,  William  Penn,  Gawen  Lawry,  and 


2562  New  Jersey— 1680 

• 
Nicholas  Lucas,  to  make  a  partition  of  the  said  intire  premisses,  with 
the  said  Sir  George  Carteret.  And  whereas  afterwards  upon  a  par- 
tition made  of  the  said  whole  and  intire  premisses,  between  the  said 
Sir  George  Carteret,  and  the  said  William  Penn,  Gawen  Lawry, 
Nicholas  Lucas,  Edward  Byllynge,  the  said  Sir  George  Carteret,  did 
bargain,  sell,  release,  and  confirmed  unto  the  said  William  Penn, 
Gawen  Lawry,  and  Nicholas  Lucas,  their  heirs  and  assigns  forever, 
all  that  westerly  part,  share  and  portion  of  the  said  whole  and 
intire  tract  of  land  and  premisses  as  before  mei;itioned,  which  is 
extending  southward,  and  westward,  and  northward,  along  the  sea 
coasts,  and  the  before  mentioned  bay,  or  river,  called  Delaware  bay 
and  Delaware  river,  unto  a  certain  point  there,  now  called  the  south 
partition  point,  being  the  most  southerly  point  of  the  east  side  of  a 
certain  place,  or  harbour,  lying  on  the  southern  part  of  the  said 
tract  of  land  and  premises,  called  or  known  in  the  map  of  the  said 
premisses,  by  the  name  of  Little  Egg  Harbour,  unto  a  certain  other 
point  there,  now  called  the  north  partition  point,  being  the  most 
northerly  point,  branch,  or  part  of  the  said  river,  called  Delaware 
river ;  and  from  thence,  that  is  to  say,  from  the  said  north  partition 
point,  extending  southward  unto  the  said  south  partition  point,  by 
a  streight  and  direct  line  drawn  through  the  said  tract  of  land,  from 
the  said  north  partition  point,  unto  the  said  south  partition  point, 
by  the  consent  and  agreement  of  the  said  parties,  now  called  the  line 
of  partition,  and  by  them  intended  for  the  dividing  and  making  a 
partition  of  the  said  westerly  part,  share  and  portion,  from  the 
easterly  part,  share  and  portion,  from  the  easterly  part,  share  and 
portion,  of  the  said  tract  of  land  and  premises.  And  all  and  every 
the  isles,  islands,  rivers,  mines,  minerals,  fishings,  hawkings,  hunt- 
ings, fowlings,  and  all  other  royalties,  powers,  franchises,  harbours, 
proffits,  commodities,  and  heriditaments,  whatsoever  unto  the  said 
westerly  part,  share  and  portion,  belonging  or  appertaining.  And 
all  the  estate,  right,  title,  and  interest,  claim  and  demand  what- 
soever of  him  the  said  Sir  George  Carteret,  of,  in,  unto  and  out 
of  the  same,  and  the  reversion  and  reversions,  remainder  and  re- 
mainders of  the  same,  and  of  every  part  and  parcel:  All  which 
said  westerly  part,  share  and  portion,  was  then  and  now  is  by  the 
consent  and  agreement  of  the  said  parties,  the  said  Sir  George 
Carteret,  William  Penn,  Gawen  Lawry,  Nicholas  Lucas,  and  Edward 
Byllynge,  called  and  agreed  from  thenceforth  to  be  called  by  the 
name  of  \Yest  New  Jersey,  and  all  that  and  only  all  that  part,  share 
and  portion,  and  all  those  parts,  shares  and  portions  of  the  said 
tract  of  land  and  premises,  so  conveyed  by  the  said  James  Duke  of 
York,  unto  the  said  John  Lord  Berkley,  and  Sir  George  Carteret  as 
aforesaid,  as  lyeth,  and  lye  extended  westward  and  southword,  from 
the  west  side  of  the  said  line  of  partition  before  mentioned.  To 
hold  unto  the  said  William  Penn,  Gawen  Lawry,  and  Nicholas  Lucas, 
their  heirs  and  assigns,  in  severalty  to  the  use  of  them,  their  heirs 
and  assigns  forever.  Upon  which  partition  so  made,  they  the  said 
William  Penn,  Gawen  Lawry,  and  Nicholas  Lucas,  became  seized 
of  all  that  westerly  part  of  the  said  premises  as  now  called  West 
New.  Jersey,  with  the  appurtenances  in  severalty.  And  being  so 
seized  pursuant  to  a  trust  for  that  purpose  reposed  in  them,  they 
conveyed  ten  full  equal  undivided  hundred  parts  of  the  said  westerly 


New  Jersey— 1680  2563 

part  of  the  said  premises,  called  West  New  Jersey,  unto  the  said 
John  Eldridge,  and  Edmund  Warner,  and  their  heirs,  to  hold  unto 
them  and  their  heirs,  to  the  use  of  them  and  their  heirs  forever. 
And  the  said  William  Penn,  Gawn  Lawry,  and  Nicholas  Lucas, 
remaining  still  seized  of  the  other  ninety  equal  and  undivided  hun- 
dred parts  of  the  said  westernly  part  of  the  said  premises  called 
West  New  Jersey,  to  them  and  to  their  heirs  forevc^r,  but  always  in 
trust  for  the  said  Edward  Byllynge,  his  heirs  and  assigns  forever. 
And  whereas  since  the  making  and  executing  of  the  said  conveyance 
so  made  by  his  Royal  Highness  unto  the  said  John  Lord  Berkley, 
and  Sir  George  Carteret,  as  aforesaid,  and  in  the  times  of  the  late 
war,  between  his  said  Majesty  and  the  States  of  the  United  Provinces 
of  the  Netherlands,  the  armies  and  subjects  of  the  said  States  General 
gained  the  possession  not  only  of  the  said  premises,  so  by  his  said 
Royal  Highness,  conveyed  unto  the  said  John  Lord  Berkley,  and 
Sir  George  Carteret,  as  aforesaid,  but  also  of  other  the  lands  and 
hereditaments,  which  were  originally  granted  unto  his  said  Royal 
Highness,  by  his  said  Majesty's  said  Letters  Patents  hereinbefore 
recited.  All  which  were  afterwards  regained  from  the  said  States, 
or  by  them  delivered  up  unto  his  said  Majesty.  And  whereas  his 
said  Majesty  did  by  other  his  Letters  Patents,  dated  the  twenty- 
ninth  day  of  June,  in  the  six  and  twentieth  of  his  Majesty's  reign, 
grant  and  convey  unto  his  said  Royal  Highness  and  his  heirs  forever, 
as  well  the  said  tract  of  land  and  premises  herein  before  recited 
to  have  been  granted  and  conveyed  by  his  said  Royal  Highness,  unto 
the  said  John  Lord  Berkley,  and  Sir  George  Carteret,  as  aforesaid, 
as  all  other  the  lands  and  hereditaments  in  and  by  the  said  herein 
first  before  recited  Letters  Patents  granted  or  mentioned  to  be 
granted.  And  wherj:as  by  the  said  several  grants  so  made  by  his 
said  Majesty  unto  his  said  Royal  Highness  as  aforesaid,  several 
l^owers  and  authority  are  and  were  given  and  granted  unto  his  said 
Royal  Highness,  his  heirs  and  assigns  to  be  executed  by  his  said 
Royal  Plighness,  his  heirs  and  assigns,  or  by  the  deputies,  agents  or 
commissioners  of  his  said  Royal  Highness,  his  heirs  or  assigns,  which, 
are  necessary  as  well  for  the  planting,  peopling  and  improving  of 
all  and  every  the  respective  lands,  places  and  territories  thereby 
granted,  and  for  the  transporting  thither  from  time  to  time,  such 
of  his  Majesty's  subjects  as  should  be  willing  to  go  or  be  transported 
into  those  parts,  or  any  of  them ;  as  for  the  defending,  guarding 
and  keeping  of  the  same ;  as  also  for  the  well  governing  of  the  same, 
and  of  all  such  as  are  or  shall  be  inhabitting  in  the  same,  and  for  the 
making,  ordaining,  and  executing  of  necessary  and  convenient  laws 
and  constitutions,  in  order  to  such  government,  and  the  punishing 
and  pardoning  offences,  and  oifenders,  as  occasion  shall  require;  and 
to  nominate,  make,  ordain,  constitute  and  confirm,  and  also  to  revoke, 
discharge,  change  and  alter  all  and  singular  governors,  officers,  and 
ministers,  which  by  his  said  Roval  Highness,  his  heirs  or  assig'is, 
shall  be  from  time  to  time,  thought  fit  or  needful  to  be  made,  or- 
dained, appointed  or  used  in  the  said  parts  or  places,  or  any  of  them. 
And  to  do  all  otter  things  needful,  and  useful,  and  necessary  for  the 
well  governing,  keeping,  defending  and  preserving  the  said  respective 
places  and  territories  and  of  every  of  them  and  all  such  as  are  and 
shall  be  inhabitants  thereof.     Now  these  presents  witness,  that  for 

7254— VOL  5—09 3 


2564  New  Jersey— 1680 

and  in  consideration  of  a  competent  sum  of  lawful  English  money, 
unto  his  said  Royal  Highness  in  hand  paid,  and  for  the  better  extin- 
guishing all  such  claims,  and  demands,  as  his  said  Royal  Highness 
may  any  ways  have  of  or  in  the  premises  aforesaid,  now  called  West 
New  Jersey,  or  any  part  of  them ;  and  for  the  further  and  better  set- 
tling, conveying,  assuring,  and  confirming  of  the  same  and  of  every 
part  thereof,  according  to  the  purport  and  true  meaning  of  these 
presents,  his  said  Royal  Highness,  the  said  James  Duke  of  York, 
hath  granted,  bargained,  sold,  and  confirmed,  and  by  these  pres- 
ents, doth  grant,  bargain,  sell,  and  confirm  unto  the  said  William 
Penn,  Gawen  Lawry,  Nicholas  Lucas,  John  Eldridge,  and  Edmund 
Warner,  all  that  part,  share  and  portion,  and  all  those  parts,  shares 
and  portions  of  all  that  entire  tract  of  land,  and  all  those  entire  prem- 
ises so  granted  by  his  said  Royal  Highness  unto  the  said  John  Lord 
Berkley,  and  Sir  George  Carteret,  and  their  heirs  as  aforesaid,  as  in, 
by,  and  upon  the  said  partition  aforesaid,  was  and  were  vested  in  the 
said  William  Penn,  Gawen  Lawry,  and  Nicholas  Lucas,  and  their 
heirs,  and  then  agreed  to  be  called  by  the  name  of  West  New  Jersey, 
together  with  all  islands,  bays,  rivers,  waters,  forts,  mines,  quarries, 
royalties,  franchises,  and  appurtenances  whatsoever,  to  the  same  be- 
longing, or  in  any  wise  appertaining.  And  all  the  estate,  right, 
title,  interest,  reversion,  remainder,  claim  and  demand  whatsoever, 
as  well  in  law  as  in  equity,  of  him  the  said  James  Duke  of  York,  of, 
into,  and  out  of  the  same,  or  any  part  or  parcel  of  the  same ;  as  also 
the  free  use  of  all  bays,  rivers  and  w^aters,  leading  unto  or  lying  be- 
tween the  said  premises,  or  any  of  them  in  the  said  parts  of  America, 
for  navigation,  free  trade,  fishing  or  otherwise,  to  have  and  to  hold, 
unto  the  said  William  Penn,  Gawen  Lawry,  Nicholas  Lucas,  John 
Eldridge,  and  Edmond  Warner,  their  heirs  and  assigns  forever,  to 
the  uses  following,  (that  is  to  say)  as  to  ten  equal  and  undivided 
hundred  parts  thereof,  to  the  use  of  the  said  John  Eldridge  and  Ed- 
mund Warner,  and  of  their  heirs,  and  assigns  forever.  And  as  to 
the  other  ninety  equal  and  undivided  hundred  parts  thereof,  to  the 
use  of  the  said  William  Penn,  Gawen  Lawry,  and  Nicholas  Lucas, 
and  of  their  heirs  and  assigns  forever;  in  trust  nevertheless  for  the 
said  Edward  Byllynge,  his  heirs  and  assigns  forever.  Yielding 
and  paying  therefore  yearly  for  the  said  whole  entire  premises,  unto 
his  Royal  Highness,  his  heirs  and  assigns,  the  yearly  rent  of  ten 
nobles  of  lawful  English  money,  at  or  in  the  Middle  Temple  Hall 
London,  at  or  upon  the  feast  day  of  St.  Michael  the  Arch  Angel. 
And  these  further  witness,  that  for  the  better  enabling  the  said  Ed- 
ward Byllynge,  his  heirs  and  assigns,  to  improve  and  plant  the  said 
premises  with  people,  and  to  exercise  all  necessary  government  there, 
whereby  the  said  premises  may  be  the  better  improved  and  made 
more  useful  to  him,  his  heirs  and  assigns,  and  to  the  King's  Majesty, 
his  said  Royal  Highness  hath  likewise  given,  granted,  assigned  and 
transferred,  and  doth  by  these  presents  give,  grant,  assign,  and  trans- 
fer unto  the  said  Edward  Byllynge,  all  and  every  such  the  same 
powers,  authorities,  jurisdictions,  governments,  and  other  matters 
and  things  whatsoever,  which  by  the  said  respective  Letters  Patents, 
or  either  of  them,  are  and  were  granted,  or  intended  to  be  granted, 
to  be  exercised  by  his  said  Royal  Highness,  his  heirs,  assigns,  depu- 
ties, officers,  or  agents,  in,  upon,  or  in  relation  unto  the  said  premises 


New  Jersey— 1681  2565 

hereby  confirmed,  or  intended  to  be  confirmed,  and  every  of  them,  in 
case  the  same  Avere  now  in  the  actual  seizen  of  his  said  Royal  High- 
ness, to  be  held,  enjoyed,  exercised  and  executed  by  him  the  said 
Edward  Byllynge,  his  heirs  and  assigns,  and  by  his  deputies,  officers, 
agents  and  commissioners,  as  fully  and  amply  to  all  intents,  construc- 
tions and  purposes  as  his  said  Ro3^al  Highness,  or  his  heirs,  might, 
could  or  ought  to  hold,  enjoy,  use,  exercise  or  execute  the  same,  by 
force  and  virtue  of  the  said  several  and  respective  and  before  recited 
Letters  Patents,  or  either  of  them,  or  of  any  thing  in  them,  or  either 
or  any  of  them  conteyned  or  otherwa3^s  however.  In  witness  whereof 
the  parties  to  these  presents  have  hereunto  interchangeably  set  their 
hands  and  seal,  the  day  and  year  first  above  written, 

James. 

Signed,  sealed  and  delivered  by  his  Royal  Highness  James  Duke 
of  York,  within  named,  in  the  presence  of 
John  Worden, 
Thomas  Heywood. 

Thomas  Heywood  maketh  oath,  that  the  day  and  year  within 
written,  saw  his  Highness  the  Duke  of  York,  sign,  seal,  and  as  his 
act,  and  deed,  deliver  this  indenture  to  the  use  within  mentioned,  and 
afterwards  subscribed  his  name  as  a  witness,  Thomas  Heywood. 

Jur.  3d.  die.  September  1680. 

Cor.  me  Magis.  Chane. 

J.  Clerke. 

The  foregoing  is  a  true  copy  taken  from  and  compared  w^ith  the 
record  in  the  Secretary's  office  at  Burlington,  in  Lib.  M.  of  deeds, 
folio,  818.  (fee. 

Examined  per. 

Samuel  Peart,  Dep,  Secretary 


PROVINCE  OF  WEST  NEW-JERSEY,  IN  AMERICA,  THE  25TH  OF 
THE  NINTH  MONTH  CALLED  NOVEMBER,  1681  « 

Forasmuch  as  it  hath  pleased  God,  to  bring  us  into  this  Province 
of  West  New  Jersey,  and  settle  us  here  in  safety,  that  we  may  be  a 
peojjle  to  the  praise  and  honour  of  his  name,  who  hath  so  dealt  with 
us,  ajid  for  the  good  and  welfare  of  our  posterity  to  come,  we  the 
Governor  and  Proprietors,  freeholders  and  inhabitants  of  AYest  New 
Jersey,  by  mutual  consent  and  agreement,  for  the  prevention  of 
innovasion  and  oppression,  either  upon  us  or  our  posterity,  and  for 
the  preservation  of  the  peace  and  tranquility  of  the  same;  and  that 
all  may  be  encouraged  to  go  on  chearfully  in  their  several  places: 
We  do  make  and  constitute  these  our  agreements  to  be  as  funda- 
mentals to  us  and  our  posterity,  to  be  held  inviolable,  and  that  no 
person  or  persons  whatsoever,  shall  or  may  make  void  or  disanul  the 
same  upon  any  pretence  whatsoever. 

I.  That  there  shall  be  a  General  Free  Assembly  for  the  Province 
aforesaid,  yearly  and  every  year,  at  a  day  certain,  chosen  by  the  free 

a  Verified  by  '*  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.     pp.  423-425. 


2566  New  Jersey— 1681 

people  of  the  said  Province,  whereon  all  the  representatives  for  the 
said  Province,  shall  be  summoned  to  appear,  to  consider  of  the 
affairs  of  the  said  Province,  and  to  make  and  ordain  such  acts,  and 
laws,  as  shall  be  requisite  and  necessary  for  the  good  government 
and  prosperity  of  the  free  people  of  the  said  Province;  and  (if 
necessity  shall  require)  the  Governor  for  the  time  being,  with  the 
consent  of  his  Council,  may  and  shall  issue  out  writts  to  convene  the 
Assembly  sooner,  to  consider  and  answer'  the  necessities  of  the  people 
of  the  said  Province. 

II.  That  the  Governor  of  the  Province  aforesaid,  his  heirs  or 
successors  for  the  time  being,  shall  jiot  suspend  or  defer  the  signing, 
sealing  and  confirming  of  such  acts  and  laws  as  the  General  Assembly 
(from  time  to  time  to  be  elected  by  the  free  people  of  the  Province 
aforesaid)  shall  make  or  act  for  the  securing  of  the  liberties  and 
properties  of  the  said  free  people  of  the  Province  aforesaid. 

III.  That  it  shall  not  be  lawful  for  the  Governor  of  the  said  Prov- 
ince, his  heirs  or  successors  for  the  time  being,  and  Council,  or  any 
of  them,  at  any  time  or  times  hereafter,  to  make  or  raise  war  upon 
any  accounts  or  pretence  whatsoever,  or  to  raise  any  military  forces 
w^ithin  the  Province  aforesaid,  without  the  consent  of  the  General 
Free  Assembly  for  the  time  being. 

IV.  That  it  shall  not  be  lawful  for  the  Governor  of  the  said  Prov- 
ince, his  heirs  or  successors  for  the  time  being,  and  Council,  or  any 
of  them,  at  any  time  or  times  hereafter,  to  make  or  enact  any  law  or 
laws  for  the  said  Province,  without  the  consent,  act  and  concurrence 
of  the  General  Assembly;  and  if  the  Governor  for  the  time  being, 
his  heirs  or  successors  and  Council,  or  any  of  them,  shall  attempt  to 
make  or  enact  any  such  law  or  laws  of  him  or  themselves  without 
the  consent,  act  and  concurrence  of  the  General  Assembly ;  that  from 
thenceforth,  he,  they,  or  so  many  of  them  as  shall  be  guilty  thereof, 
shall,  upon  legal  conviction,  be  deemed  and  taken  for  enemies  to  the 
free  people  of  the  said  Province;  and  such  act  so  attempted  to  be 
made,  to  be  of  no  force. 

y.  That  the  General  Free  Assembly  from  time  to  time  to  be  chosen 
as  aforesaid,  as  the  representatives  of  the  people,  shall  not  be  pro- 
rogued or  dissolved  (before  the  expirance  of  one  whole  year,  to  com- 
mence from  the  day  of  their  election)  without  their  own  free  consent. 

VI.  That  it  shall  not  be  lawful  for  the  Governor  of  the  said  Prov- 
ince, his  heirs  or  successors  for  the  time  being,  and  Council,  or  any  of 
them,  to  levy  or  raise  any  sum  or  sums  of  money,  or  any  other  tax 
whatsoever,  without  the  act,  consent  and  concurrence  of  the  General 
Assembly. 

VII.  That  all  officers  of  State,  or  trust,  relating  to  the  said  Prov- 
ince, shall  be  nominated  and  elected  by  the  General  Free  Assembly 
for  the  time  being,  or  by  their  appointment ;  which  officer  and  officers 
shall  be  accountable  to  the  General  Free  Assembly,  or  to  such  as  the 
said  Assembly  shall  appoint. 

VIII.  That  the  Governor  or  the  Province  aforesaid,  his  heirs  or 
successor  for  the  time  being,  or  any  of  them,  shall  not  send  ambassa- 
dors, or  make  treaties,  or  enter  into  an  alliance  upon  the  publick 
account  of  the  said  Province,  without  the  consent  of  the  said  General 
PVee  Assembly. 

IX.  That  no  General  Free  Assembly  hereafter  to  be  chosen  by  the 
free  people  of  the  Province  aforesaid,  shall  give  to  the  Governor  of 


New  Jersey— 168^  2567 

the  said  Province  for  the  time  being,  his  heirs  or  successors,  any  tax, 
or  custom  for  a  longer  time  than  for  one  whole  year. 

X.  That  liberty  of  conscience  in  matters  of  faith  and  worship 
toTvards  God,  shall  be  granted  to  all  people  within  the  Province 
aforesaid;  who  shall  live  peaceably  and  quietly  therein;  and  that 
none  of  the  free  people  of  the  said  Province,  shall  be  rendered  unca- 
pable  of  office  in  respect  of  their  faith  and  worship. 

Upon  the  Governors  acceptance  and  performance  of  the  proposals 
herein  before  expressed,  we  the  General  Free  Assembly  Proprietors 
and  freeholders  of  the  Province  of  West  New  Jersey  aforesaid,  do 
accept  and  receive  Samuel  Jenings  as  Deputy  Governor. 

In  testimony  whereof  I  have  hereunto  put  my  hand  and  seal,  the 
day  and  year  above  written. 

Samuel  Jennings, 

Deputy  Governor. 

Thomas  Ollive,  Speaker,  to  the  General  Free  Assembly  per  order 
and  in  the  name  of  the  w^hole  Assembly. 

The  fundamentals  aforesaid  being  signed  and  sealed  by  the  Deputy 
Governor,  were  ordered  and  appointed  by  the  said  Deputy  Governor, 
and  General  Free  Assembly,  to  be  recorded  the  day  and  year  first 
aforesaid,  by  me  Thomas  Revell,  clerk  to  the  General  Assembly. 


DUKE  OF  YORK'S  CONFIRMATION  TO  THE  24  PROPRIETORS: 
14TH  OF  MARCH,  1682 « 

This  indenture  made  the  fourteenth  day  of  March,  in  the  five 
and  thirtieth  year  of  the  reign  of  our  Sovereign  Lord  Charles  the 
Second,  by  the  Grace  of  God  of  England,  France  and  Ireland,  King, 
Defender  of  the  Faith,  &c.  Anno  Domini  1682.  Between  his  Koyal 
Highness  the  most  illustrious  Prince  James,  Duke  of  York  and 
AJbany  Earl  of  Ulster,  &c.  only  brother  to  our  Sovereign  Lord  the 
King,  of  the  one  part,  and  the  Right  Honourable  James  Earl  of 
Perth,  of  the  kingdom  of  Scotland;  the  Honourable  John  Drum- 
mond,  of  Lundy,  in  the  said  kingdom  of  Scotland,  Esq.;  Robert 
Barckly,  of  Eury,  in  the  said  kingdom  of  Scotland,  Esq.;  David 
Barckly,  jun.  of  Eury,  aforesaid,  Esq.;  Robert  Gordon,  of  Cluny,  in 
the  kingdom  of  Scotland,  Esq. ;  Arent  Sonmans,  of  Wallingford,  in 
the  kingdom  of  Scotland,  Esq ;  William  Penn,  of  Worminghurst,  in 
the  County  of  Sussex,  Esq;  Robert  West,  of  the  Middle  Temple, 
London,  Esq;  Thomas  Rudyard,  of  London,  gentleman;  Samuel 
Groome,  of  the  parish  of  Stepney,  in  the  county  of  Middlesex,  mar- 
riner;  Thomas  Hart,  of  Enfield,  in  the  said  county  of  Middlesex, 
merchant ;  Richard  Mew,  of  Stepney,  aforer.aid,  merchant ;  Ambrose 
Rigg  of  Catton  Place,  in  the  county  of  Surry,  gentleman;  Thomas 
Cooper,  citizen  and  merchant  taylor,  of  London;  Gawm  Lawry,  of 
London,  merchant;  Edward  Billinge,  of  the  city  of  Westminster,  in 
the  county  of  Middlesex,  gentleman ;  James  Braine,  of  London,  mer- 
chant; William  Gibson,  citizen  and  haberdasher,  of  London;  John 
Haywood,  citizen  and  skinner,  of  London ;   Hugh  Hartshorn,  citizen 

«  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer. 
2d  Ed.     pp.  141-152. 


2568  New  Jersey— 168^ 

and  skinner,  of  London ;  Clement  Plumstead,  citizen  and  draper,  of 
London;  Thomas  Barker,  of  London,  merchant;  Robert  Turner,  of 
the  city  of  Dublin,  in  the  kingdom  of  Ireland,  merchant ;  and  Thomas 
Warne,  of  Dublin,  aforesaid,  in  the  said  kingdom  of  Ireland,  mer- 
chant, of  the  other  part.  Whereas  our  said  Sovereign  Lord  the 
King's  Majesty,  in  and  by  his  Letters  Patent,  under  the  great  seal  of 
England,  bearing  date  the  twelfth  day  of  March,  in  the  sixteenth 
year  of  his  said  Majesty's  reign,  did  amongst  other  things  therein 
mentioned,  give  and  grant  unto  his  Royal  Highness  James  Duke  of 
York,  his  heirs  and  assigns,  all  that  tract  of  land  adjacent  to  New 
England,  in  the  parts  of  America,  and  lying  and  being  to  the  west- 
ward of  Long  Island  and  Manhattas  Island,  and  bounded  on  the 
east  part  by  the  main  sea ;  and  east  by  Hudson's  river ;  and  extend- 
eth  southward  to  the  main  ocean  as  far  as  Cape  May,  at  the  mouth  of 
the  Delaware  bay;  and  to  the  northward  as  far  as  the  nothermost 
branch  of  the  said  bay  or  river  of  Delaware,  which  is  in  one  and 
forty  degrees  and  forty  minutes  of  lattitude,  and  crossing  over  thence 
in  a  straight  line  to  Hudson's  river,  in  one  and  forty  degrees  of  latti- 
tude; which  said  tract  of  land  was  then  after  to  be  called  by  the 
name  of  New  Caesarea  or  New  Jersey,  with  all  the  lands,  islands, 
soils,  rivers,  mines,  minerals,  quarries,  woods,  marshes,  waters,  lakes, 
fishings,  hawkings,  huntings,  and  fowlings,  and  all  other  royalties, 
profits,  commodities  and  hereditaments,  unto  the  said  premises  be- 
longing and  appertaining,  with  their  and  every  of  their  appurte- 
nances: and  all  his  said  Majesty's  estate,  right,  title,  interest,  benefit, 
advantage,  claim  and  demand  of,  in  and  to  the  same  premises,  or  any 
part  or  parcel  thereof,  and  the  reversion  and  reversions,  remainder 
and  remainders,  together  with  the  yearly  and  other  rents,  revenues 
and  profits  of  the  same,  and  of  every  part  and  parcel  thereof,  to  hold 
unto  his  said  Royal  Highness  the  said  James,  Duke  of  York,  his  heirs 
and  assigns  forever;  to  be  holden  of  his  said  Majesty,  his  heirs  and 
successors,  amongst  other  the  things  therein  granted,  as  of  his 
Majesty's  mannor  of  East  Greenwich,  in  his  Majesty's  county  of 
Kent,  in  free  and  common  soccage,  and  not  in  capite  or  knight  serv- 
ice, under  the  yearly  rent  therein  mentioned.  And  w^hereas  his 
said  Royal  Highness  James,  Duke  of  York,  did  heretofore  by  several 
good  and  sufficient  conveyances  and  assurances  under  his  hand  and 
seal  duly  executed,  the  twenty-third  and  twenty-fourth  days  of  June, 
in  the  sixteenth  year  of  his  said  Majest^^'s  reign,  for  the  considera- 
tion therein  mentioned,  grant  and  convey  the  said  tract  of  land  and 
premises  before  mentioned,  to  John  Lord  Berlkley,  baron  of  Stratton, 
and  one  of  his  Majesty's  most  honourable  Privy  Council,  and  Sir 
George  Carteret,  of  Salterem,  in  the  county  of  Devon,  knight  and 
baronet,  and  one  other  of  his  Majesty's  most  honourable  Privil  Coun- 
cil, and  their  heirs,  the  said  tract  and  premises  before  particularly 
mentioned,  and  the  reversion  and  reversions,  remainder  and  remain- 
ders of  the  same,  to  hold  unto  the  said  John  Lord  Berkeley  and  Sir 
George  Carteret,  their  heirs  and  assigns  for  ever,  under  the  yearly 
rent  of  tw^enty  nobles  sterling,  paj^able  as  the  same  is  therein  reserved 
to  be  paid.  And  whereas  his  said  Majesty  did  by  other  his  Letters 
Patents,  dated  the  tw^enty-ninth  day  of  June  in  the  six  and  twentieth 
year  of  his  said  Majesty's  reign,  grant  and  convey  unto  his  said  Royal 
Highness,  and  his  heirs  forever,  as  well  the  said  tract  of  land  and 


New  Jersey— 1682  2569 

premises  hereinbefore  recited  to  have  oeen  granted  and  conveyed  by 
his  said  Royal  Highness,  unto  the  said  John  Lord  Berkeley  and  Sir 
George  Carteret  as  aforesaid,  as  all  other  the  lands  and  hereditaments 
in  and  by  the  said  herein  first  before  recited  Letters  Patents  granted, 
or  mentioned  to  be  granted.  And  whereas  his  said  Royal  Highness 
by  his  indenture  of  lease  and  release,  bearing  date  the  of 

July,  in  the  six  and  twentieth  year  of  his  Majesty's  reign,  did  grant 
and  convey  the  said  tract  of  land  and  premises,  to  the  said  Sir  George 
Carteret,  his  heirs  and  assigns,  as  by  the  said  indenture,  relation 
being  thereunto  had,  may  appear.  And  whereas  upon  a  partition 
made  of  the  whole  and  entire  premises,  between  the  said  Sir  George 
Carteret  and  William  Penn,  of  Worminghurst,  in  the  county  of 
Sussex,  Esq;  Gawn  Lawry,  of  London,  merchant;  Nicholas  Lucas, 
of  Hertford,  in  the  county  of  Hertford,  malster;  and  Edward 
Bullynge,  of  Westminster,  in  the  county  of  Middlesex,  gentleman; 
in  whom  the  fee  simple  of  the  said  Lord  Berkeley's,  undivided 
moyety,  of  all  and  singular  the  premises,  by  good  and  sufficient  con- 
veyances, was  then  vested  the  said  William  Penn,  Gawen  Lawry, 
Nicholas  Lucas,  and  Edward  Byllnge,  did  bargain,  sell,  release  and 
confirm  unto  the  said  Sir  George  Carteret,  his  heirs  and  assigns,  all 
that  easterly  part,  share  and  portion,  and  all  those  easterly  parts, 
shares  and  portions  of  the  said  whole  and.  entire  tract  of  land  and 
premises  before  mentioned,  extending  eastward  and  northward  along 
the  sea  coasts,  and  the  said  river  called  Hudson's  river,  from  the 
east  side  of  a  certain  place  or  harbour,  lying  on  the  southerly  part  of 
the  same  tract  of  land,  and  commonly  called  or  known  in  a  map  of 
the  said  tract  of  land,  by  the  name  of  Little  Eg^  Harbour,  to  that 
part  of  the  said  river  called  Hudson's  river,  which  is  in  forty-one 
degrees  of  lattitude,  being  the  northermost  part  of  the  said  tract  of 
land  and  premises,  which  is  bounded  by  the  said  river ;  and  crossing 
over  from  thence  in  a  straight  line,  extending  from  that  part  of  Hud- 
son's river  aforesaid,  to  the  nothermost  branch  of  the  aforementioned 
river  called  Delaware  river,  and  to  the  most  northerly  point  or 
boundary  of  the  said  entire  tract  of  land  and  premises,  now  called 
the  north  partition  point;  and  from  thence,  that  is  to  say,  from  the 
north  partition  point,  extending  southward,  unto  the  more  southerly 
point,  by  a  straight  and  direct  line  drawn  through  the  said  tract  of 
land,  from  the  said  north  partition  point  unto  the  said  south  parti- 
tion point,  by  the  consent  and  agreement  of  the  said  parties,  now 
called  the  line  of  partition,  and  by  them  intended  for  the  dividing 
and  making  a  partition  of  the  easterly  part,  share  and  portion, 
from  the  westerly  part,  share  and  portion  of  the  said  tract  of  land 
and  premises;  and  all  and  every  the  isles,  islands,  rivers,  mines, 
minerals,  woods,  fishings,  hawkings,  huntings  and  fowlings,  and  all 
other  royalties,  governments,  powers,  forts,  franchises,  harbours, 
profits,  commodities  and  hereditaments  Avhatsoever,  unto  the  said 
easterly  part,  share  and  portion,  of  the  said  tract  of  land  and  prem- 
ises, belonging  or  in  any  wise  appertaining,  with  their  and  every  of 
their  appurtenances;  and  all  the  estate,  right,  title,  interest,  claim 
and  demand  whatsoever  of  them  the  said  William  Penn,  Gawn 
Lawry,  Nicholas  Lucas  and  Edward  Byllynge,  and  of  each  and  every 
of  them,  of,  into  and  out  of  the  said  easterly  part,  share  and  portion 
of  the  said  tract  of  land  and  premises,  arid  every  part  and  parcel 


2570  New  Jersey— 1682 

thereof,  and  the  reversion  and  reversions,  remainder  and  remainders 
of  the  same,  and  every  part  and  parcel  of  the  same;  All  which 
said  easterly  part,  share  and  portion,  parts,  shares  and  portions, 
was  and  were  then,  and  now  is,  and  are  by  the  consent  and  agree- 
ment of  the  said  parties  to  the  said  partition,  called  and  agreed 
from  thenceforth  to  be  called  by  the  name  of  East  New  Jersey ; 
and  is  all  that,  and  only  all  that  part,  share  and  portion,  and  all 
those  parts,  shares  and  portions  of  the  said  tract  of  land  and 
premises,  so  conveyed  by  his  said  Koyal  Highness  as  aforesaid,  as 
lyeth  extended  eastward  from  the  east  side  of  the  said  line  of  parti- 
tion before  mentioned,  to  hold  to  the  said  Sir  George  Carteret,  his 
heirs  and  assigns,  in  severalty,  to  the  use  of  him  the  said  Sir  George 
Carteret,  his  heirs  and  assigns  forever;  upon  which  partition  so 
made,  and  such  conveyance  so  executed  as  aforesaid,  he  the  said  Sir 
George  Carteret  became  seized  of  all  that  easterly  part  of  the  prem- 
ises, now  called  East  New  Jersey,  with  the  appurtenances  in  severalty. 
And  whereas  the  said  Sir  George  Carteret  being  by  virtue  of  the 
said  assurances  and  partition  aforesaid,  become  sole  seized  to  him  and 
his  heirs,  of  the  said  premises  called  East  New  Jersey,  by  his  last  will 
and  testament  in  writing,  bearing  date  on  or  about  the  fifth  day  of 
December,  in  the  year  of  our  Lord  one  thousand  six  hundred  seventy 
and  eight,  did  devise  the  same,  and  all  his  estate  therein,  amongst 
other  things,  to  the  right  honourable  Edward,  Earl  of  Sandwich,  the 
right  honourable  John  Earl  of  Bath ;  the  right  honourable  Thomas, 
Lord  Crew,  Baron  Crew,  of  Steane  the  honourable  Bernard  Green- 
ville, Esq;  brother  of  the  said  Earl  of  Bath;  the  honourable  Sir 
Eobert  Atkins,  knight  of  the  Bath;  the  honourable  Sir  Edward 
Atkins,  knight,  one  of  the  barons  of  his  Majesty's  Court  of  Ex- 
chequer, and  their  heirs  in  trust,  to  sell  the  same  for  the  payment  of 
his  debts  and  legacies,  as  in  and  by  the  said  will,  relation  being  there- 
unto had,  may  appear,  and  shortly  after  dyed.  And  whereas  the 
said  John,  Earl  of  Bath ;  Thomas,  Lord  Crew ;  Bernard  Greenville; 
Sir  Kobert  Atkins;  and  Sir  Edward  Atkins,  by  indentures  of  lease 
and  release,  bearing  date  the  fifth  and  sixth  days  of  March,  in  the 
two  and  thirtieth  year  of  his  Majesty's  reign  conveyed  the  said  prem- 
ises, amongst  other  things,  to  Thomas  Cremer,  of  the  Parish  of  St. 
Andrews,  Holbourne,  in  the  county  of  Middlesex,  gentleman,  and 
Thomas  Pocock  of  the  same,  gentleman,  as  by  the  said  indentures, 
relation  being  thereunto  had,  it  may  appear.  And  whereas  the  said 
Earl  of  Sandwich,  by  his  indenture  bearing  date  the  twentieth  day  of 
February  last  past,  hath  released  all  his  estate,  interest  and  trust  in 
the  said  premises,  to  the  said  Earl  of  Bath,  Lord  Crew,  Bernard 
Greenville,  Sir  Robert  Atkins,  and  Sir  Edward  Atkins,  and  their 
heirs,  as  by  the  said  indenture,  relation  being  thereunto  had,  may 
appear.  And  w^iiereas  the  said  Earl  of  Bath,  Lord  Crew,  Bernard 
Greenville,  Sir  Robert  Atkins,  and  Sir  Edward  Atkins,  by  the  con- 
sent and  direction  of  dame  Elizabeth  Carteret,  relick  and  executrix 
of  the  said  Sir  George  Carteret;  and  the  said  Thomas  Cremer  and 
Thomas  Pocock,  by  the  consent  and  direction  of  the  said  dame  Eliza- 
beth Carteret,  Earl  of  Bath,  Lord  Crew,  Bernard  Greenville,  Sir 
Roberjb  Atkins  and  Sir  Edward  Atkins,  have  by  indentures  of  lease 
and  release,  bearing  date  the  first  and  second  days  of  February  last 
past,  granted  and  conveyed  to  the  said  William  Penn,  Robert  West, 
Thomas  Rudyard,   Samuel   Groome,  Thomas  Hart,   Richard  Mew, 


New  Jersey— 1682  2571 

Thomas  Wilcox,  of  London  goldsmith,  Ambrose  Rigg,  John  Hay- 
wood, Hugh  Hartshorn,  Clement  Plumstead,  and  Thomas  Cooper, 
their  heirs  and  assigns,  all  the  said  premises  called  East  New  Jersey, 
together  with  all  isles,  islands,  rivers,  mines,  minerals,  woods,  fish- 
ings, hawkings,  huntings,  fowlings,  and  all  other  royaltie's,  privileges, 
franchises,  forts,  harbours,  profits,  commodities,  and  hereditaments 
whatsoever,  thereunto  belonging,  as  in  and  by  the  said  indentures, 
relation  being  thereunto  had,  may  more  at  large  appear.  And 
WHEREAS  the  said  William  Penn,  Robert  West,  Thomas  Rudyard, 
Samuel  Groome,  Thomas  Hart,  Richard  Mew,  Thomas  Wilcox,  Am- 
brose Rigg,  John  Haywood,  Hugh  Hartshorne,  Clement  Plumstead, 
•and  Thomas  Cooper,  have  since  conveyed  one  moyety  of  the  said 
tract  of  land  called  East  New  Jersey,  and  of  all  other  the  premises  to 
the  said  James,  Earl  of  Perth,  John  Drummond,  Robert  Barckly, 
Robert  Gordon,  Arent  Sonmans,  Gawn  Lawry,  Edward  Byllynge, 
James  Braine,  William  Gibson,  Thomas  Barker,  Robert  Turner  and 
Thomas  Warne,  wiio  are  thereby  become  tenants  in  common  of  the 
said  premises  called  East  New^  Jersey,  which  with  the  said  William 
Penn,  Robert  West,  Thomas  Rudyard,  Samuel  <jrroome,  Thomas  Hart, 
Richard  Mew,  Thomas  Willcox,  Ambrose  Rigg,  John  Haywood, 
Hugh  Hartshorn,  Clement  Plumstead,  and  Thomas  Cooper.  And 
WHEREAS  the  said  Thomas  Wilcox  hath  conveyed  all  his  share,  estate, 
and  interest  in  the  said  premises,  to  the  said  David  Barckly  and  his 
heirs :  And  whereas  by  the  said  several  recited  Letters  Patents,  made 
by  his  said  Majesty  unto  his  said  Royal  Highness  as  aforesaid,  sev- 
eral powers  and  authorities  are  and  were  given  and  granted  unto  his 
said  Royal  Highness,  his  heirs  or  assigns,  or  by  the  deputies,  agents 
or  commissioners  of  his  said  Royal  Highness,  his  heirs  or  assigns, 
which  are  necessary  as  well  for  the  planting,  peopleing  and  improv- 
ing of  all  and  every  the  respective  lands,  places  and  territories 
thereof  granted ;  and  for  the  transporting  thither  from  time  to  time 
such  of  his  Majesty's  subjects  as  should  be  w^illing  to  go  or  be  trans- 
ported into  those  parts,  or  any  of  them,  as  for  the  defending,  guard- 
ing and  keeping  of  the  same;  as  also  for  the  w^ell  governing  of  the 
same,  and  of  all  such  as  shall  be  inhabiting  the  same,  and  for  the 
nuiking,  ordaining  and  executing  of  -necessary  and  convenient  laws 
and  constitutions,  in  order  to  such  government;  and  the  punishing  and 
pardoning  offences  and  offenders,  as  occasion  shall  require;  and  to 
make,  ordain,  constitute,  and  confirm,  and  also  to  revoke,  discharge 
c^nd  alter  all  and  singular  Governors,  officers  and  magistrates,  w^hich 
by  his  said  Royal  Highness,  his  heirs  and  assigns,  shall  be  from  time 
to  time  thought  fit  and  needful  to  be  made,  ordained,  appointed  or 
used  in  tjie  said  parts  or  places,  or  any  of  them ;  and  to  do  all  other 
things  needful,  useful  and  necessary,  for  the  well  governing,  keep- 
ing, defending  and  preserving  the  said  respective  places  and  terri- 
tories, and  of  every  of  them  and  all  such  as  are  and  shall  be 
inhabiting  there.  Now  these  presents  witness,  that  for  and  in  con- 
sideration of  a  competent  sum  of  lawful  English  money,  unto  his 
said  Royal  Highness  in  hand  paid,  and  for  the  better  extinguishing 
all  such  claims  and  demands  as  his  said  Royal  Highness,  or  his  heirs, 
may  any  wise  have  of  or  in  the  premises  aforesaid,  now  called  East 
New  Jersey,  or  any  part  of  them,  and  for  the  further  and  better 
settling  and  conveying,  assuring  and  confirming  of  the  same,  and  of 
every  part  thereof,  according  to  the  purport  and  true  meaning  of 


2572  New  Jersey— 168^ 

these  presents,  his  said  Royal  Highness  the  said  James  Duke  of 
York,  hath  granted,  bargained,  sold,  released  and  confirmed,  and  by 
these  presents,  as  far  as  in  him  lyeth,  doth  grant,  bargain,  sell, 
release  and  confirm  unto  the  said  James,  Earl  of  Perth,  John  Drum- 
mond,  Robert  Barckly,  David  Barckly,  Robert  Gordon,  Arent  Son- 
mans,  William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel  Groome, 
Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Haywood,  Hugh 
Hartshorn,  Clement  Plumstead,  Thomas  Cooper,  Gawn  Lawry, 
Edward  Byllynge,  James  Braine,  William  Gibson,  Thomas  Barker, 
Robert  Turner  and  Thomas  AVarne,  their  heirs  and  assigns,  all  that 
part,  share  and  portion,  and  all  those  parts,  shares  and  portions,  of 
all  that  entire  tract  of  land,  and  all  those  entire  premises  so  granted 
by  his  caid  Royal  Highness,  unto  the  said  John  Lord  Berkely  and 
Sir  George  Carteret,  and  their  heirs,  as  in  and  by  and  upon  the  said 
partition  was  and  were  vested  in  the  said  George  Carteret  and  his 
heirs,  and  there  agreed  to  be  called  by  the  name  of  East  New  Jersey, 
together  with  all  islands,  bays,  rivers,  waters,  forts,  mines,  minerals, 
quarries,  royalties,  franchises,  and  appurtenances  whatsoever  to  the 
same  belonging,  or  in  any  wise  appertaining ;  and  all  the  estate,  right, 
title,  interest,  reversion,  remainder,  claim  and  demand  whatsoever, 
as  w^ell  in  law  as  in  equity,  of  his  said  Royal  Highness  James,  Duke 
of  York,  of,  in,  unto  or  out  of  the  same,  or  any  part  or  parcel  of  the 
same :  as  also  the  free  use  of  all  bays,  rivers,  and  w  aters,  leading  unto 
or  lying  betw^een  the  said  premises,  or  any  of  them,  in  the  said  parts 
of  East  New  Jersey,  for  navigation,  free  trade,  fishing  or  otherwise, 
to  have  and  to  hold  unto  the  said  Earl  of  Perth,  John  Drummond, 
Robert  Barckly,  David  Barckly,  Robert  Gordon,  Arent  Sonmans, 
William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel  Groome, 
Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Haywood,  Hugh 
Hartshorn,  Clement  Plumstead,  Thomas  Cooper,  Gawn  Lawry, 
Edward  Byllynge,  James  Braine,  William  Gibson,  Thomas  Barker, 
Robert  Turner,  and  Thomas  Warne,  their  heirs  and  assigns  forever, 
to  the  only  use  and  behoof  of  them  the  said  Earl  of  Perth,  John 
Drummond,  Robert  Barckly,  David  Barckly,  Robert  Gordon,  Arent 
Sonmans,  William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel 
Groome,  Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Hay- 
wood, Hugh  Hartshorn,  Clement  Plumstead,  Thomas  Cooper,  Gawn 
Lawry,  Edward  Byllynge,  James  Braine,  William  Gibson,  Thomas 
Barker,  Robert  Turner  and  Thomas  Warne,  their  heirs  and  assigns 
forever,  yielding  and  paying  therefor  yearly  for  the  said  whole  entire 
premises,  unto  his  Royal  Highness,  his  heirs  and  assigns,  the  yearly 
rent  of  ten  nobles  of  lawful  English  money,  at  or  in  the  middle 
Temple  Hall,  London,  at  or  upon  the  feast  day  of  St.  Michael  the 
Archangel,  yearly.  And  the  said  James,  Earl  of  Perth,  John  Drum- 
mond, Robert  Barckly,  David  Barckly,  Robert  Gordon,  Arent  Son- 
mans, William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel  Groome, 
Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Haywood,  Hugh 
Hartshorne,  Clement  Plumstead,  Thomas  Cooper,  Gawn  Lawry, 
Edward  Byllynge,  James  Braine,  William  Gibson,  Thomas  Barker, 
Robert  Turner  and  Thomas  Warne,  do  for  themselves  severally,  and 
for  their  several  and  respective  heirs,  executors,  administrators  and 
assigns,  covenant,  promise  and  agree  to  and  with  his  said  Royal 
Highness,  his  heirs  and  assigns,  to  pay,  or  cause  to  be  paid,  the  said 
annual  rent  of  ten  nobles,  on  the  days  and  times  herein  before  limited 
for  payment  thereof.     And  these  presents  further  witness,  that  for 


New  Jersey— 1682  2573 

the  better  enabling  the  said  Earl  of  Perth,  John  Drummond,  Robert 
Barckly,  David  Barckly,  Robert  Gordon,  Arent  Sonmans,  William 
Penn,  Robert  West,  Thomas  Rudyard,  Samuel  Groome,  Thomas 
Hart,  Richard  Mew,  Ambrose  Rigg,  John  Haywood,  Hugh  Harts- 
horn, Clement  Plumstead,  Thomas  Cooper,  Gawn  Lawry,  Edward 
Byllynge,  James  Braine,  AVilliam  Gibson,  Thomas  Barker,  Robert 
Turner  and  Thomas  Warne,  their  heirs  and  assigns,  to  improve  and 
plant  the  said  premises  with  people,  and  to  exercise  all  necessary 
government  there,  whereby  the  said  premises  may  be  the  better  im- 
proved, and  made  more  useful  to  them,  their  heirs  and  assigns,  and  to 
the  King's  Majesty,  his  said  Royal  Highness  hath  likewise  given  and 
•granted,  assigned  and  transferred,  and  doth  by  these  presents  give, 
grant,  assign  and  transfer  unto  the  said  Earl  of  Perth,  John  Drum- 
mond, Robert  Barclay,  David  Barclay,  Robert  Gorden,  Arent 
Sonmans,  William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel 
Groome,  Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Hay- 
wood, Hugh  Hartshorne,  Clement  Plumstead,  Thomas  Cooper,  Gawn 
Lawry,  Edward  Billinge,  James  Braine,  William  Gibson,  Thomas 
Barker,  Robert  Turner,  and  Thomas  Warne,  their  heirs  and  assigns, 
proprietors  of  the  said  Province  of  East  New  Jersey  aforesaid,  for 
the  time  being,  all  and  every  such  and  the  same  powers,  authorities, 
jurisdictions,  governments,  and  other  matters  and  things  whatsoever, 
which  by  the  said  respective  recited  Letters  Patents,  or  either  of  them, 
are  or  were  granted,  or  intended  to  be  granted,  to  be  exercised  by  his 
said  Royal  Highness,  his  heirs,  assigns,  deputies,  officers,  or  agents, 
in  or  upon,  or  in  relation  unto  the  said  premises,  hereby  confirmed, 
or  intended  to  be  hereby  confirmed,  and  every  of  them,  in  case  the 
same  were  now  in  the  actual  seisen  of  his  Royal  Highness,  to  be  held, 
enjoyed,  exercised  and  executed  by  them  the  said  Earl  of  Perth,  John 
Drummond,  Robert  Barckly,  David  Barckly,  Robert  Gordon,  Arent 
Sonmans,  William  Penn,  Robert  West,  Thomas  Rudyard,  Samuel 
Groome,  Thomas  Hart,  Richard  Mew,  Ambrose  Rigg,  John  Hay- 
wood, Hugh  Hartshorn,  Clement  Plumstead,  Thomas  Cooper,  Gawn 
Lawry,  Edward  Byllynge,  James  Braine,  William  Gibson,  Thomas 
Barker,  Robert  Turner  and  Thomas  Warne,  their  heirs  and  assigns, 
Proprietors  of  the  said  Province  of  East  New  Jersey,  for  the  time 
being,  as  fully  and  amply  to  all  intents,  constructions  and  purposes, 
as  his  said  Royal  Highness,  or  his  heirs,  might,  could  or  ought  to 
hold,  enjoy,  use,  exercise  or  execute  the  same  by  force  and  virtue  of 
the  said  several  and  respective  before  recited  Letters  Patents,  or 
either  of  them,  or  any  thing  in  them,  or  either  or  any  of  them,  con- 
tained or  otherwise  howsoever.  Provided  ahoays,  that  these  presents 
be  entered  with  the  Auditor  General  of  his  said  Royal  Highness 
within  two  months  next  after  the  date  hereof.  In  witness  whereof 
the  parties  above  mentioned  to  these  present  indentures,  interchange- 
ably have  set  their  hands  and  seals,  the  day  and  year  first  above 
written. 

James. 

Sealed  and  delivered  by  his  Royal  Highness,  in  the  presence  of 
Ro.  Werden, 
William  Crofts, 
John  Ashton. 


2574  New  Jersey— 1683 


THE   FUNDAMENTAL    CONSTITUTIONS   FOR    THE    PROVINCE    OF 
EAST  NEW  JERSEY  IN  AMERICA,  ANNO  DOMINI  1683  « 

Since  the  right -of  government,  as  well  as  soil,  is  in  the  four  and 
twenty  Proprietors,  and  that  the  same  is  confirmed  to  them  a  new 
by  a  late  patent  from  James  Duke  of  York,  pursuant  to  patent 
granted  to  him  from  the  King;  the  Proprietors  for  the  well  ordering 
and  governing  of  the  said  Province,  according  to  the  powers  conveyed 
to  them,  do  grant  and  declare,  that  the  government  thereof  shall  be 
as  followeth,  viz. 

I.  That  altho'  the  four  and  twenty  Proprietors  have  formerly  made 
choice  of  Robert  Barclay,  Esq ;  for  Governor,  during  his  natural  life, 
and  to  serve  by  a  deputy  to  be  approved  of  by  sixteen  of  the  Proprie- 
tors, until  he  himself  be  upon  the  place,  which  is  by  these  presents 
ratified  and  confirmed,  to  all  intents  and  purposes:  Yet  after  the 
decease  of  the  said  Robert  Barclay,  or  by  reason  of  his  malverstation, 
the  Proprietors  shall  find  cause  to  divest  him  of  the  government,  the 
four  and  twenty . Proprietors  shall  choose  a  Governor;  in  order  to 
which  it  shall  be  in  the  power  of  each  of  them  to  name  one,  and  six- 
teen of  the  four  and  twenty  shall  determine  it :  which  Governor  shall 
be  obliged  to  serve  and  reside  upon  the  place,  and  shall  only  continue 
for  three  years;  and  if  any  shall  directly  or  indirectly  propound  or 
advise  the  continuance  for  any  longer  time,  or  of  new  to  choose  him 
again,  or  his  son,  within  the  three  years,  it  shall  be  esteemed  a 
betraying  of  the  publick  liberty  of  the  Province;  and  the  actors 
shall  be  esteemed  as  publick  enemies;  and  the  said  Governor  that 
shall  be  so  continued,  shall  be  reputed  guilty  of  the  same,  not  only 
by  reason  of  his  acceptance  of  that  continuation,  but  also  by  reason 
of  any  kind  of  solicitation  which  he'  may  directly  or  indirectly  have 
endeavoured.  If  the  Governor  so  do  die  before  the  three  years  be 
expired,  the  Proprietors  shall  choose  one  to  supply  his  place,  for  the 
time  the  other  should  held  it,  and  no  longer.  Provided^  that  this 
limitation  of  three  years  above  mentioned,  do  not  extend  to  the 
Deputy  Governor  of  Robert  Barclay,  for  seven  years  after  that  pass- 
ing of  those  constitutions,  who  may  be  for  a  longer  time  than  three 
years,  if  the  proprietors  see  meet. 

II.  That  for  the  government  of  the  Province,  there  shall  be  a 
great  Council,  to  consist  of  the  four  and  tAventy  proprietors,  or  their 
proxies  in  their  absence,  and  one  hundred  forty-four  to  be  chosen  by 
the  freemen  of  the  Province.  But  forasmuch  as  there  are  not  at 
present  so  many  towns  built  as  there  may  be  hereafter,  nor  the 
Province  divided  into  such  counties  as  it  may  be  hereafter  divided 
into,  and  that  consequently  no  certain  division  can  be  made  how^  many 
shall  be  chosen  for  each  town  and  county ;  at  present  four  and  tw^enty 
shall  be  chosen  for  the  eight  towns  that  are  at  present  in  being,  and 
eight  and  forty  for  the  county,  making  together  seventy-two,  and 
w^ith  the  four  and  twenty  Proprietors,  ninety-six  persons,  till  such 
times  as  the  great  council  shall  see  meet  to  call  the  above  mentioned 
number  of  one  hundred  forty-four,  and  then  shall  be  determined  by 
the  great  council,  how  many  shall  come  out  of  each  town  and  county ; 

«  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spieer. 
2d  Ed.  PI).  153-166. 


New  Jersey— 1683  2575 

but  every  year  shall  choose  one-third,  and  the  first  chosen  shall  re- 
main for  three  years,  and  they  that  go  out  shall  not  be  capable  to 
come  in  again  for  two  years  after,  and  therefore  they  shall  not  be  put 
in  the  ballot  in  elections  for  that  year ;  and  in  order  to  this  election, 
they  shall  in  course  meet  in  their  several  boroughs  and  counties  the 
six  and  twentieth  day  of  March,  beginning  in  the  year  one  thousand 
six  hundred  eighty-four,  and  choose  their  several  representatives; 
whose  first  day  of  meeting  shall  be  the  twentieth  of  April  afterwards; 
and  they  shall  sit  upon  their  own  adjournments,  if  they  see  meet,  till 
the  twentieth  of  July  following,  and  then  to  be  dissolved  till  the 
next  year,  unless  the  Governor  and  common  council  think  fit  to  con- 
tinue them  longer,  or  call  them  in  the  intervail;  but  if  any  of  those 
days  fall  on  the  first  day  of  the  week,  it  shall  be  deferred  until  the 
next  day. 

III.  The  persons  qualified  to  be  freemen,  that  are  capable  to 
choose  and  be  chosen  in  the  great  Council,  shall  be  every  planter  and 
inhabitant  dwelling  and  residing  within  the  Province,  who  hath 
acquired  rights  to  and  is.  in  possesion  of  fifty  acres  of  ground,  and 
hath  cultivated  ten  acres  of  it ;  or  in  boroughs,  who  have  a  house  and 
three  acres;  or  have  a  house  and  land  only  hired,  if  he  can  prove  he 
have  fifty  pounds  in  stock  of  his  own :  and  all  elections  must  be  free 
and  voluntary,  but  were  any  bribe  or  indirect  means  can  be  proved 
to  have  been  used,  both  the  giver  and  acquirer  shall  forfeit  their 
priviledge  of  electing  and  being  elected  forever ;  and  for  the  full  pre- 
venting of  all  indirect  means,  the  election  shall  be  after  this  manner, 
the  names  of  all  the  persons  qualified  in  each  county,  shall  be  put  in 
equal  pieces  of  parchment,  and  prepared  by  the  sheriff  and  his  clerk 
the  day  before,  and  at  the  day  of  election  shall  be  put  in  a  box,  and 
fifty  shall  be  taken  out  by  a  boy  under  ten  years  of  age;  these  fifty 
shall  be  put  into  the  box  again,  and  the  first  five  and  twenty  then 
taken  out  shall  be  those  who  shall  be  capable  to  be  chosen  for  that 
lime;  the  other  five  and  twenty  shall  by  plurality  of  votes,  name  (of 
the  aforesaid  twenty-five)  twelve,  if  there  be  three  to  be  chosen,  and 
eight  if  there  be  two  to  stand  for  it ;  these  nominators  first  solemnly 
declaring  before  the  sheriff,  that  they  shall  not  name  any  known  to 
them  to  be  guilty  for  the  time,  or  to  have  been  guilty  for  a  year 
before,  of  adultery,  whoredom,  drunkeness,  or  any  such  immorality, 
or  who  is  insolvent  or  a  fool ;  and  then  out  of  the  twelve  ov  eight  so 
nominated,  three  or  two  shall  be  taken  by  the  ballot  as  above  said. 

IV.  It  shall  be  the  priviledge  of  every  member  of  the  great  Council, 
to  propose  any  bill  in  order  to  a  law,  which  being  admitted  to  be 
debated,  shall  be  determined  by  the  vote,  wherein  two  parts  of  three 
shall  only  conclude;  but  of  this,  twelve  of  the  Proprietors,  or  their 
l)roxies,  must  be  assenting;  which  shall  also  be  requisite  after  the 
number  of  freemen  are  double :  Nor  shall  any  law^  be  made  or  enacted 
to  have  force  in  the  Province,  which  any  ways  touches  upon  the  goods 
or  liberties  of  any  in  it,  but  what  thus  passeth  in  the  great  Council ; 
and  whoever  shall  levy,  collect  or  pay  any  money  or  goods  without  a 
law  thus  passed,  shall  be  held  a  publick  enemy  to  the  Province,  and 
a  betrayer  of  the  publick  liberty  thereof:  also  the  quorum  of  this 
great  Council  shall  be  half  of  the  Proprietors,  or  their  proxies,  and 
half  of  the  freenien  at  least;  and  in  determination,  the  proportion- 
able assent  of  both  Proprietors  and  freemen  must  agree,  viz.  two 


2576  New  Jersey— 1683 

parts  of  whatever  number  of  freemen,  and  one  half  of  whatever  num- 
ber of  Proprietors  are  present. 

V.  For  the  constant  government  of  the  Province  there  shall  be 
with  the  Governor  a  common  Council,  consisting  of  the  four  and 
twenty  Proprietors,  of  their  proxies,  and  twelve  of  the  freemen, 
which  shall  be  chosen  by  the  ballot  out  of  the  freemen  of  the  great 
Council,  and  shall  successively  go  off  each  year  as  they  do;  which 
common  Council  will  thus  consist  of  six  and  thirty,  whereof  they 
shall  be  three  committees;  twelve  for  the  public  policy,  and  to  look 
to  manners,  education  and  arts;  twelve  for  trade  and  management 
of  the  publick  Treasury;  and  twelve  for  plantations  and  regulating 
of  all  things,  as  well  as  deciding  all  controversies  relating  to  them: 
in  each  committee  eight  shall  be  of  the  Proprietors,  or  their  proxies, 
and  four  of  the  freemen;  each  of  these  committees  shall  meet  at 
least  once  a  w^eek,  and  all  the  thirty  six  once  in  two  months,  and 
oftener,  in  such  places  and  at  such  times  as  they  shall  find  most  con- 
venient. And  if  it  happen  the  number  of  freemen  in  tHe  great 
Council  to  be  doubled,  there  shall  be  twelve  more  of  them  be  added  to 
the  common  Council;  in  this  common  Council  and  those  several 
committees  the  one  half  shall  be  a  quorum,  as  in  the  former  article. 

VI.  All  laws  shall  be  published  and  run  in  the  name  of  the  Gov- 
ernor, Proprietors  and  representatives  of  the  freemen  of  the  Prov- 
ince, and  shall  be  signed  by  two  of  the  Proprietors,  two  of  the 
freemen,  the  Secretary  and  the  Governor  for  the  time  being,  who 
shall  preside  in  all  meetings,  and  have  two  votes,  but  shall  no  ways 
pretend  to  any  negative  vote:  but  if  he  or  they  refuse  to  do  his  or 
their  duty,  or  be  accused  of  malversation,  he  shall  be  liable  to 
the  censure  of  the  Proprietors,  and  if  turned  out,  there  shall  be 
another  chosen  to  fulfil  his  time  as  is  abovesaid. 

VII.  Forasmuch  as  by  the  Concessions  and  agreements  of  the  former 
Proprietors,  (to  wit)  the  Lord  Berkeley  and  Sir  George  Carteret, 
to  and  with  all  and  every  the  adventurers  and  all  such  as  shall 
settle  and  plant  in  the  Province  in  Anno  1664,  it  is  consented  and 
agreed  by  the  six  and  seven  articles,  that  the  great  Assembly  should 
have  power,  by  act  confirmed  as  there  expressed,  to  erect,  raise  and 
build  within  the  said  Province,  or  any  part  thereof,  such  and  so  many 
forts,  castles,  cities  and  other  places  of  defence,  and  the  same,  or  any 
of  them,  to  fortify  and  furnish  with  such  provisions  and  proportions 
of  ordnance,  powder,  shot,  armour  and  all  other  weapons,  ammu- 
nition and  abilments  of  war,  both  offensive  and  defensive,  as  shall 
be  thought  necessary  and  convenient  for  the  safety  and  welfare  of  the 
said  Province;  as  also  to  constitute  train  bands  and  companies, 
with  the  number  of  the  soldiers,  for  the  safety,  strength  and  defence 
of  the  aforesaid  Province;  to  suppress  all  mutinies  and  rebellions; 
to  make  war  offensive  and  defensive,  against  all  and  every  one  that 
shall  infest  the  said  Province,  not  only  to  keep  the  enemy  out  of  their 
limits,  but  also,  in  case  of  necessity,  the  enemy  by  sea  and  land  to 
pursue  out  of  the  limits  and  jurisdiction  of  the  said  Province.  And 
that  amongst  the  present  Proprietors  there  are  several  that  declare, 
that,  they  have  no  freedom  to  defend  themselves  with  arms,  and 
others  who  judge  it  their  duty  to  defend  themselve>s,  wives  and  chil- 
dren, with  arms;  it  is  therefore  agreed  and  consented  to,  and  they 
the  said  Proprietors  do  by  these  presents  agree  and  consent,  that  they 


i 


New  Jersey— 1683  2577 

will  not  in  this  case  force  each  other  against  their  respective  judg- 
ments and  consciences;  in  order  whereimto  it  is  Resolved,  that  on 
the  one  side,  no  man  that  declares  he  cannot  for  conscience  sake 
bear  arms,  whether  Proprietor  or  planter,  shall  be  at  any  time  put 
upon  so  doing  in  his  own  person,  nor  yet  upon  sending  any  to  serve 
in  his  stead.  And  on  the  other  side,  those  who  do  judge  it  their  duty 
to  bear  arms  for  the  publick  defence,  shall  have  their  liberty  to  do 
in  a  legal  way.  In  pursuance  whereof,  there  shall  be  a  fourth 
committee  erected,  consisting  of  six  proprietors,  or  their  proxies, 
and  three  of  the  freemen,  that  are  to  set  in  the  other  three  com- 
mittees, which  shall  be  such  as  to  understand  it  their  duty  to  use 
arms  for  the  publick  defence;  which  committee  shall  provide  for 
the  publick  defence  without  and  peace  within,  against  all  enemies 
whatsoever;  and  shall  therefore  be  stiled  the  committee  for  the 
preservation  of  the  publick  peace:  And  that  all  things  may  pro- 
ceed in  good  order,  the  said  committee  shall  propound  to  the  great 
Council  what  they  judge  convenient  and  necessary  for  the  keeping  the 
peace  within  the  said  Province,  and  for  publick  defence  without,  by 
the  said  great  Council  to  be  approved  and  corrected,  as  they,  accord- 
ing to  exigence  of  affairs,  shall  judge  fit;  the  execution  of  which 
resolutions  of  the  great  Council  shall  be  committed  to  the  care  of  the 
said  committee.  But  because  through  the  scruples  of  such  of  the 
Proprietors,  or  their  proxies,  as  have  no  freedom  to  use  arms,  the 
resolutions  of  the  great  Council  may  be  in  this  point  obstructed,  it  is 
resolved  and  agreed,  and  it  is  by  these  presents  resolved  and  agreed, 
that  in  things  of  this  nature,  the  votes  of  these  Proprietors  shall  only 
be  of  weight  at  such  time  or  times  as  one  of  these  two  points  are 
under  deliberation,  which  shall  not  be  concluded  where  twelve  of  the 
Pro])rietors  and  two  thirds  of  the  whole  Council,  as  in  other  cases, 
are  not  consenting,  (that  is  to  say)  first,  whether,  to  speak  after  the 
manner  of  men,  (and  abstractly  from  a  man's  perswasion  in  matters 
of  religion)  it  be  convenient  and  suitable  to  the  present  condition  or 
capacity  of  the  inhabitants,  to  build  any  forts,  castles  or  any  other 
places  of  defence?  If  yea;  where  and  in  Avhat  places  (to  speak  as 
men)  they  ought  to  be  erected.  Secondly,  whether  there  be  any 
present  or  future  foreseen  danger,  that  may,  (to  speak  as  men  without 
resi^ect  to  one's  particular  perswasion  in  matters  of  religion)  require 
the  putting  the  Province  into  a  posture  of  defence,  or  to  make  use  of 
those  means  which  we  at  present  have,  or  which,  from  time  to  time 
as  occasion  may  require,  according  to  the  capacity  of  the  inhabitants, 
we  may  have;  which  ability  and  conveniency  of  those  means  of 
defence,  and  (to  speak  as  men  without  respect  to  any  man's  judgment 
in  matters  of  religion)  the  necessity  of  the  actual  use  thereof,  being 
once  resolved  upon;  all  further  deliberations  about  it,  as  the  raising 
of  men,  giving  of  commissions  both  by  sea  and  land,  making  Gov- 
ernors of  forts,  and  providing  money  necessary  for  maintaining  the 
same,  shall  belong  only  to  those  members  of  the  great  Council  who 
judge  themselves  in  duty  bound  to  make  use  of  arms  for  the  defence 
of  them  and  theirs.  Provided,  that  they  shall  not  conclude  any  thing 
but  by  the  consent  of  at  least  five  parts  out  of  six  of  their  number; 
and  that  none  of  the  Proprietors  and  other  inhabitants  may  be  forced 
to  contribute  any  money  for  the  use  of  arms,  to  which  for  conscience 


2578  New  Jersey— 1683 

sake  they  have  not  freedom,  that  which  is  necessary  for  the  publick 
defencie,  shall  be  borne  by  such  as  judge  themselves  in  duty  bound  to 
use  arms.  Provided,  that  the  other,  that  for  conscience  sake  do 
oppose  the  bearing  of  arms,  shall  on  the  other  hand  bear  so  much  in 
other  charges,  as  may  make  up  that  portion  in  the  general  charge  of 
the  Province.  And  as  the  refusing  to  subscribe  such  acts  concerning 
the  use  and  exercise  of  arms  abovesaid,  in  the  Governor  and  Secretary, 
if  scrupulous  in  conscience  so  to  do,  shall  not  be  esteemed  in  them 
an  omission  or  neglect  of  duty,  so  the  wanting  thereof  shall  not  make 
such  acts  invalid,  they  being  in  lieu  thereof,  subscribed  by  the  major 
part  of  the  six  Proprietors  of  the  committees  for  the  preservation  of 
the  publick  peace. 

VIII.  The  choosing  the  great  and  publick  officers,  as  Secretary, 
Register,  Treasurer,  Surveyor  General,  Marshal,  and  after  death 
of  turning  out  of  those  now  first  to  be  nominated,  shall  be  in  the 
Governor  and  Common  Council;  as  also  of  all  sheriffs,  judges  and 
justices  of  the  peace.  But  upon  any  malversation  or  accusation, 
they  shall  be  liable  to  the  examination  and  censure  of  the  great 
Council,  and  if  condemn'd  by  them,  the  Governor  and  Common 
Council  must  name  others  in  their  places. 

IX.  Provided,  That  all  boroughs  shall  choose  their  own  magis- 
trates, and  the  hundreds  in  the  county,  their  constables  or  under 
officers,  in  such  manner  as  shall  be  agreed  to  by  the  great  Council. 

X.  Forasmuch  as  by  the  Patent,  the  power  of  pardoning  in  capi- 
tal offences,  is  vested  in  the  four  and  twenty  Proprietors;  it  is 
hereby  declared,  that,  the  said  power  of  pardoning  shall  never  be 
made  use  of  but  by  the  consent  of  eighteen  of  the  Proprietors,  or 
their  proxies :  Nevertheless,  it  shall  be  in  the  power  of  the  Governor, 
in  conjunction  with  four  Proprietors,  who  for  the  time  are  judges 
of  the  Court  of  Appeals,  to  reprieve  any  person  after  the  day  of  exe- 
cution appointed,  for  some  time,  not  exceeding  a  month. 

XL  The  four  and  twenty  Proprietors,  in  their  absence,  may  vote 
in  the  great  and  common  Council  by  their  proxies;  one  Proprietor 
may  be  proxy  for  another,  yet  so  as  not  but  for  one,  so  that  none 
can  have  above  tw^o  votes:  The  proxies  of  the  Proprietors  must  be 
such  as  has  shares  in  properties  not  under  a  tAventieth  part. 

XII.  That  whoever  has  any  place  of  publick  trust  in  another 
Province,  tho'  a  Proprietor,  shall  not  sit  in  the  great  or  common 
Council,  but  by  their  proxies,  unless  thereunto  particularly  called 
by  the  one  or  other  Council. 

XIII.  Whatever  Proprietor  doth  not  retain  at  least  one  fourth 
part  of  his  propriety,  viz :  one  ninety  sixth  part  of  the  country,  shall 
lose  the  right  of  government,  and  it  shall  pass  to  him  who  has 
the  greatest  share  of  that  propriety,  exceeding  the  above  mentioned 
proportion :  But  if  two  or  three  has  each  one  ninety  sixth  part, 
they  shall  have  it  successively  year  about,  like  as  when  a  proprietj^ 
is  in  two  hands,  he  who  is  upon  the  place,  if  the  other  be  absent, 
sick  or  under  age,  shall  still  have  it;  but  if  both  there,  then  by 
turns  as  abovesaid;  and  if  in  a  provided  propriety  all  be  absent, 
the  proxies  must  be  constituted  by  both ;  if  but  two  or  the  greater 
•nuniber  if  there  be  more.  And  if  any  who  sells  a  part  of  his  pro- 
priety,'and  retains  one  ninety  sixth  part  and  the  title  of  the  govern- 
ment portion  be  absent,  whoever  has  shares  for  him,  not  under  one 


i 


New  Jersey— 1683  2579 

ninety  sixth  part,  being  present,  shall  set  for  him,  whether  having  a 
proxy  or  not ;  and  if  there  be  more  than  one,  it  shall  go  by  turns  as 
above.  But  fjecause  after  sometime  by  division  among  children,  it 
may  happen  that  some  one  twenty  fourth  part  may  be  so  divided, 
that  not  any  one  may  have  one  fourth  part  of  a  propriety,  or  one 
ninety  sixth  part  of  the  whole,  in  that  case  the  Proprietors  shall 
elect  one  having  not  under  one  ninety  sixth  part,  to  bear  the  char- 
acter of  the  government  for  that  propriety:  But  if  the  county  shall 
fall  to  be  so  divided,  that  there  shall  not  be  found  four  and  twenty 
persons  who  have  one  ninety  sixth  part  each;  then  whoever  has  five 
thousand  acres,  shall  be  capable  to  be  chosen  to  be  one  of  the  four 
and  twenty,  and  that  by  the  rest  of  the  Proprietors,  by  the  ballot, 
each  having  priviledge  to  lift  one;  but  this  not  to  take  place  till 
forty  years  after  the  settlement  of  these  constitutions :  And  if  twenty 
years  after  the  expiration  of  the  forty  years  above  mentioned,  it  shall 
fall  out  that  four  and  twenty  persons  cannot  be  found  who  have 
each  five  thousand  acres,  it  shall  be  then  in  the  power  of  the  great 
Council  to  make  a  less  number  of  acres  sufficient  to  carry  the  char- 
acter of  the  government,  provided  they  bring  it  not  under  three 
thousand  acres  (the  Proprietors  being  always  electors  as  abovesaid) 
no  Proprietor  under  one  and  twenty  years  shall  be  admitted  to  vote, 
but  during  nonage  there  shall  be  a  proxy  appointed  by  the  tutor, 
and  failing  that,  by  the  other  Proprietors. 

XIV.  In  all  civil  and  ordinary  actions,  the  Proprietors  shall  be 
judged  after  the  same  manner,  and  lyable  to  the  same  censure  with 
any  other;  but  in  all  cases  that  are  capital,  or  may  inferr  for  for- 
feiture of  their  trust  or  Proprietorship,  they  shall  be  adjudged  by  a 
jury  of  twelve  of  the  Proprietors,  or  their  proxies,  or  such  as  has 
share  in  a  propriety  not  under  one  twentieth  part ;  the  bill  being  first 
found  relievant  against  them  by  a  grand  jury  of  twelve  Proprietors 
and  twelve  free  men  to  be  chosen  by  the  ballot,  as  in  article  nineteen. 

XV.  For  preserving  a  right  balance,  no  Proprietor  shall  at  any 
time  require  or  purchase  more  than  his  one  four  and  twentieth  part 
of  the  county ;  but  if  by  any  accident,  more  fall  into  the  hands  of  the 
Proprietors,  he  may  be  allowed  to  dispose  of  it  to  his  children,  tho' 
under  age,  yet  not  so  as  to  acquire  to  himself  more  than  one  vote 
besides  his  own;  but  if  such  an  acquirer  have  no  children  he  shall 
be  obliged  to  sell  it  within  one  year  after  he  has  acquired  it,  nor  shall 
he  evade  this  by  putting  in  another's  name  in  trust  for  him;  but 
shall  upon  his  assignment  solemnly  declare  himself  to  be  realy  and 
effectually  divested  of  it  for  the  proper  use  of  him  it  is  assign'd  to: 
And  if  within  three  years  he  find  not  a  merchant,  he  shall  be  obliged 
to  dispose  of  it  at  the  current  rate  to  the  rest  of  the  Proprietors,  to  be 
holden  in  common  by  them,  who  shall  appoint  one  to  bear  that  char- 
acter in  the  government,  untill  such  a  share  of  it  fall  in  one  hand,  by  a 
former  article  may  render  him  capable,  by  the  consent  of  two  parts 
of  the  other  Proprietors,  to  have  the  power  devolved  in  him;  and  if 
by  this  or  anj^  other  accident  one  or  more  votes  be  wanting  in  the 
interem,  the  Proprietors  shall  name  others  quallified  as  above  to 
supply  their  places. 

XVI.  All  persons  living  in  the  Province  who  confess  and  acknowl- 
edge the  one  Almighty  and  Eternal  God,  and  holds  themselves 
obliged  in  conscience  to  live  peaceably  and  quietly  in  a  civil  society, 

7254— VOL  5—09 4 


2580  New  Jersey— 1683 

shall  in  no  way  be  molested  or  prejudged  for  their  religious  per- 
swasions  and  exercise  in  matters  of  faith  and  worship ;  nor  shall  they 
be  compelled  to  frequent  and  maintain  any  religious  worship,  place 
or  ministry  whatsoever :  Yet  it  is  also  hereby  provided,  that  no  man 
shall  be  admitted  a  member  of  the  great  or  common  Council,  or  any 
other  place  of  publick  trust,  who  shall  not  profaith  in  Christ  Jesus, 
and  solemnly  declare  that  he  doth  no  ways  hold  himself  obliged  in 
conscience  to  endeavour  alteration  in  the  government,  or  seeks  the 
turning  out  of  any  in  it  or  their  ruin  or  prejudice,  either  in  person 
or  estate,  because  they  are  in  his  opinion  hereticks,  or  differ  in  their 
judgment  from  him :  Nor  by  this  article  is  it  intended,  that  any  under 
the  notion  of  this  liberty  shall  allow  themselves  to  avow  atheism, 
irreligiousness,  or  to  practice  cursing,  swearing,  drunkenness,  pro- 
phaness,  whoring,  adultery,  murdering  or  any  kind  of  violence,  or 
indulging  themselves  in  stage  plays,  masks,  revells  or  such  like 
abuses;  for  restraining  such  and  preserving  of  the  people  in  deli- 
gence  and  in  good  order,  the  great  Council  is  to  make  more  particular 
laws,  which  are  punctually  to  be  put  in  execution. 

XVII.  To  the  end  that  all  officers  chosen  to  serve  within  the  Prov- 
ince, may  with  the  more  care  and  deligence  answer  the  trust  reposed 
in  them;  it  is  agreed,  that  no  such  person  shall  enjoy  more  than  one 
public  oifice  at  one  time :  But  least  at  first  before  the  country  be  well 
planted,  there  might  be  in  this  some  inconveniency,  it  is  declared, 
that  this  shall  not  necessarily  take  place  till  after  the  year  1685. 

XVIII.  All  chart,  rights,  grants  and  conveyances  of  land  (except 
leases  for  three  years  and  under)  and  all  bonds,  wills,  and  letters  of 
administration  and  specialties  above  fifty  pounds,  and  not  under  six 
months,  shall  be  registered  in  a  publick  register  in  each  county,  else 
be  void  in  law ;  also  there  is  to  be  a  register  in  each  county  for  births, 
marriages,  burials  and  servants,  where  their  names,  times,  wages 
and  days  of  payment  shall  be  registered ;  but  the  method  and  order 
of  settling  those  registers  is  recommended  to  the  great  Council;  as 
also  the  fees  which  are  to  be  moderate  and  certain,  that  the  taking 
of  more  in  any  office,  directly  or  indirectly  by  himself  or  any  other, 
shall  forfeit  his  office. 

XIX.  That  no  person  or  persons  within  the  said  Province  shall 
be  taken  and  imprisoned,  or  be  devised  of  his  freehold,  free  custom 
or  liberty,  or  be  outlaAved  or  exiled,  or  any  other  way  destroyed ;  nor 
shall  they  be  condemn'd  or  judgment  pass'd  upon  them,  but  by  lawful 
judgment  of  their  peers:  neither  shall  justice  nor  right  be  bought  or 
sold,  defered  or  delayed,  to  any  person  whatsoever :  in  order  to  which 
by  the  laws  of  the  land,  all  tryals  shall  be  by  twelve  men,  and  as  near 
as  it  may  be,  peers  and  equals,  and  of  the  neighborhood,  and  men 
without  just  exception.  In  cases  of  life  there  shall  be  at  first  twenty- 
four  returned  by  the  sheriff  for  a  grand  inquest,  of  whom  twelve  at 
least  shall  be  to  find  the  complaint  to  be  true;  and  then  the  twelve 
men  or  peers  to  be  likewise  returned,  shall  have  the  final  judgment; 
but  reasonable  challanges  shall  be  always  admitted  against  the  twelve 
men,  or  any  of  them:  but  the  manner  of  returning  juries  shall  be 
thus,  the  names  of  all  tlie  freemen  above  five  and  twenty  years  of  age, 
within  the  district  or  boroughs  out  of  Avhich  the  jury  is  to  be  returned, 
shall  be  written  on  equal  peices  of  parchment  and  put  into  a  box, 
and  then  the  number  of  the  jury  shall  be  drawn  out  by  a  child  under 


New  Jersey— 1683  2581 

ten  years  of  age.  And  in  all  courts  persons  of  all  perswasions  may 
freely  appear  in  their  own  way,  and  according  to  their  own  manner, 
and  there  personally  plead  their  own  causes  themselves,  or  if  unable, 
by  their  friends,  no  person  being  allowed  to  take  money  for  pleading 
or  advice  in  such  cases:  and  the  first  process  shall  be  the  exhibition 
of  the  complaint  in  court  fourteen  days  before  the  tryal,  and  the 
party  complain'd  against  may  be  fitted  for  the  same,  he  or  she  shall 
be  summoned  ten  days  before,  and  a  copy  of  the  complaint  delivered 
at  their  dwelling  house:  But  before  the  complaint  of  any  person  be 
received,  he  shall  solemnly  declare  in  court,  that  he  believes  in  his 
conscience  his  cause  is  just.  Moreover,  every  man  shall  be  first  cited 
before  the  court  for  the  place  where  he  dwells  nor  shall  the  cause  be 
brought  before  any  other  court  but  by  way  of  appeal  from  sentence 
of  the  first  court,  for  receiving  of  which  appeals,  there  shall  be  a 
court  consisting  of  eight  persons,  and  the  Governor  (protempore) 
president  thereof,  (to  wit)  four  Proprietors  and  four  freemen,  to  be 
chosen  out  of  the  great  Council  in  the  following  manner,  viz.  the 
names  of  sixteen  of  the  Proprietors  shall  be  written  on  small  pieces 
of  parchment  and  put  into  a  box,  out  of  which  by  a  lad  under  ten 
years  of  age,  shall  be  drawn  ei^ht  of  them,  the  eight  remaining  in 
the  box  shall  choose  four;  and  in  like  manner  shall  be  done  for  the 
choosing  of  four  of  the  freemen. 

XX.  That  all  marriages  not  forbidden  in  the  law  of  God,  shall  be 
esteemed  lawful,  where  the  parents  or  guardians  being  first  ac- 
quainted, the  marriage  is  publickly  intimated  in  such  places  and  man- 
ner as  is  agreeable  to  mens  different  perswasions  in  religion,  being 
afterw^ards  still  solemnized  before  creditable  witnesses,  by  taking  one 
another  as  husband  and  wife,  and  a  certificate  of  the  whole,  under 
the  parties  and  witnesses  hands,  being  brought  to  the  proper  register 
for  that  end,  under  a  penalty  if  neglected. 

XXI.  That  all  witnesses  coming  or  called  to  testify  their  knowl- 
edge in  or  to  any  matter  or  thing  in  any  court  or  before  any  lawful 
authority  within  the  Province,  shall  there  give  and  deliver  in  their 
evidence  by  solemnly  promissing  to  speak  the  truth,  the  whole  truth 
and  nothing  but  the  truth  to  the  matter  in  question.  And  in  case  any 
person  so  doing  shall  be  afterwards  convict  of  willful  falsehood,  both 
such  persons  as  also  those  who  have  proved  to  have  suborn,  shall 
undergo  the  damage  and  punishment  both  in  criminal  and  in  civil; 
the  person  against  whom  they  did  or  should  have  incurred,  which  if 
it  reach  not  his  life,  he  shall  be  publickly  exposed  as  a  false  witness, 
never  afterwards  to  be  credited  before  any  court ;  the  like  punishment 
in  cases  of  forgery,  and  both  criminals  to  be  stigmatized. 

XXII.  Fourteen  years  quiet  possession  shall  give  an  unquestion- 
able right,  except  in  cases  of  infants,  lunaticks  or  married  women,  or 
persons  beyond  sea  or  in  prison.  And  w^hoever  forfeits  his  estate  to 
the  government  by  committing  treason  against  the  Crown  of  Eng- 
land, or  in  this  Province,  or  by  any  other  capital  crime,  the  nearest 
of  kin  may  redeem  it  within  two  months  after  the  criminals  death,  by 
paying  to  the  public  treasury  not  above  one  hundred  pounds,  and  not 
under  five  pounds  sterling,  which  proportion  the  common  Council 
shall  determine,  according  to  the  value  of  the  criminals  estate,  and  to 

I  he  nature  of  the  offence;  reparation  to  any  who  have  suffered  by 
dm,  and  payment  of  all  just  debts  being  always  allowed. 


2582  New  Jersey— 1683 

XXIII.  For  avoiding  innumerable  multitude  of  statutes,  no  act  to 
be  made  by  the  great  Council  shall  be  in  force  above  fifty  years  after 
it  is  enacted ;  but  as  it  is  then  de  novo  confirmed,  allways  excepting 
these  four  and  twenty  fundamental  articles,  which,  as  the  primitive 
charter,  is  forever  to  remain  in  force,  not  to  be  repealed  at  any  time 
by  the  great  Council,  tho'  two  parts  of  the  Council  should  agree  to  it, 
unless  two  and  twenty  of  the  four  and  twenty  Proprietors  do  ex- 
pressly also  agree,  and  sixty  six  of  seventy  two  freemen;  and  when 
they  are  one  hundred  forty  four,  one  hundred  thirty  two  of  them; 
and.  also  this  assent  of  the  Proprietors  must  be  either  by  their  being 
present  in  their  own  persons,  or  giving  actually  their  votes  under 
their  hands  and  seals  (if  elsewhere)  and  not  by  proxies;  which 
solemn  and  express  assent  must  also  be  had  in  the  opening  of  mines 
of  gold  and  silver ;  and  if  such  be  opened,  one  third  part  of  the  profit 
is  to  go  to  the  publick  Treasury ;  one  third  to  be  divided  among  the 
four  and  twenty  Proprietors,  and  one  third  to  Proprietor  or  planter 
in  whose  ground  it  is ;  the  charges  by  each  proportionably  borne. 

XXIV.  It  is  finally  agreed,  that  both  the  Governor  and  the  mem- 
bers of  the  great  and  common  Council,  the  great  officers,  judges, 
sheriffs  and  justices  of  the  peace,  and  all  other  persons  of  public 
trust,  shall  before  they  enter  actually  upon  the  exercise  of  any  of  the 
employs  of  the  Province,  solemnly  promise  and  subscribe  to  be  true 
and  faithful  to  the  king  of  England,  his  heirs  and  successors,  and  to 
the  Proprietors,  and  he  shall  well  and  faithfully  discharge  his  office 
in  all  things  according  to  his  commission,  as  by  these  fundamental 
constitutions  is  confirmed,  the  true  right  of  liberty  and  property,  as 
well  as  the  just  ballance  both  of  the  Proprietors  among  themselves, 
and  betwixt  them  and  the  people :  it's  therefore  understood,  that  here 
is  included  whatever  is  necessary  to  be  retained  in  the  first  Conces- 
sions, so  that  henceforward  there  is  nothing  further  to  be  proceeded 
upon  from  them,  that  which  relates  to  the  securing  of  every  man's 
land  taken  up  upon  them,  being  allways  excepted.  And  provided 
also,  that  all  judicial  and  legal  proceedings  heretofore  done  according 
to  them,  be  held,  approved  and  confirmed. 

Drummond.  Robert  Burnet.  Bar.  Gibson.  Robert  Gordon. 
GawnLawry.  Perth.  William  Gibson.  William  Dockwra. 
Thos.  Hart.  Thomas  Barker  and  as  proxy  for  Ambrose 
Riggs.  Clement  Plumstead,  proxy  for  Barclay.  Ar. 
Sonmans.     Robert  Turner  and  Thomas  Cooper. 


THE  KING'S  LETTER  EECOGNIZING  THE  PROPRIETORS'  RIGHT 
TO  THE  SOIL  AND  GOVERNMENT— 1683  « 

Charles,  R. 

Whereas  his  Majesty  for  divers  good  causes  and  considerations 
him  thereunto  moving,  by  Letters  Patents  bearing  date  the  twenty- 
ninth  day  of  June,  Anno  Domini  1674,  in  the  twenty-sixth  year  of 
his  Majesty's  reign,  was  pleased  to  give  and  grant  unto  his  dearest 

o  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer, 
2d  ed.,  pp.  151-152. 


New  Jersey— 1683  2583 

brother  James,  Duke  of  York,  several  territories,  islands,  and  tracts 
of  land  in  America,  part  of  which  were  since  called  by  the  name  of 
Nova  Caesarea  or  New  Jersey,  and  was  vested  in  John  Lord  Berkeley, 
of  Stratton,  and  Sir  George  Carteret,  Knight  and  Baronet,  w^ho  were 
both  of  his  Majesty's  most  honourable  Privy  Council,  and  in  their  heirs 
and  assigns:  And  the  east  part  or  portion  of  the  said  Province  of 
New  Jersey,  by  a  certain  deed  of  partition  afterwards  made,  became 
the  share  of  the  said  Sir  George  Carteret,  his  heirs  and  assies,  and 
was  agreed  to  be  called  East  New  Jersey,  and  was  since  assigned  to 
the  present  Proprietors.  And  avhereas  his  Royal  Highness,  James, 
Duke  of  York,  by  his  endenture  bearing  date  the  fourteenth  day  of 
March,  Anno  Dom.  1682,  in  the  thirty-fifth  year  of  his  Majesty's 
reign  (for  the  consideration  therein  mentioned)  did  grant  and  con- 
firm the  said  Province  of  East  New  Jersey,  (extending' eastward  and 
northward  all  along  the  sea  coast  and  Hudson's  river,  from  Little 
Egg  Harbour,  to  that  part  of  Hudson's  river  which  is  in  forty-one 
degrees  of  northern  lattitude,  and  otherways  bounded  and  limited  as 
in  said  grant  and  confirmation,  relation  being  thereunto  had,  may 
more  particularly  and  at  large  appear)  unto  James,  Earl  of  Perth, 
John  Drummond  of  Lundie;  as  also  unto  Robert  Barckly,  of  Eury, 
Esq ;  Robert  Gordon,  of  Clunie,  Esq ;  and  others,  his  Majesty's  lov- 
ing subjects  in  England,  Scotland,  and  elsewhere,  to  the  number  of 
twenty- four  grantees,  and  to  their  heirs  and  assigns  forever;  together 
with  all  powers  and  jurisdiction  necessary  for  the  good  government 
of  the  said  Province.  His  Majesty  therefore  doth  hereby  declare 
his  royal  will  and  pleasure,  and  doth  strictly  charge  and  command  the 
planters  and  inhabitants,  and  all  other  persons  concerned  in  the  said 
Province  of  East  New  Jersey,  that  they  do  submit  and  yield  all  due 
obedience  to  the  laws  and  government  of  the  said  grantees,  their  heirs 
and  assigns,  as  absolute  Proprietors  and  Governors  thereof,  (who 
have  the  sole  power  and  right  derived  under  his  Royal  Highness 
from  his  said  Majesty,  to  settle  and  dispose  of  the  said  Province  upon 
such  terms  and  conditions  as  to  them  shall  seem  good)  as  also  to  their 
deputy  or  deputies,  agents,  lieutenants,  and  officers,  lawfully  com- 
missionated  by  them  according  to  the  powers  and  authorities  granted 
to  them.  And  of  this  his  Majesty's  royal  will  and  pleasure,  the  Gov- 
ernor and  Council  is  required  to  give  publick  notice,  his  Majesty 
expecting  and  requiring  forthwith  a  due  compliance  with  this  his 
royal  will  and  pleasure,  from  all  persons  as  well  without  the  Prov- 
ince as  within  the  same,  (who  these  presents  do  or  may  concern)  as 
they  will  answer  the  contrary  thereof  at  their  peril.  Given  at  the 
Court  of  'Whitehall,  the  twenty-third  day  of  November,  1683,  in  the 
thirty-fifth  year  of  his  Majesty's  reign. 

By  his  Majesty's  command, 

Sunderland. 

To  the  Governor  and  Council  of  East  New  Jersey,  for  the  time 
being,  and  to  the  planters,  inhabitants,  and  d\l  others  concerned  in 
the  said  Province. 


2584  New  Jersey— 1702 


THE   aUEEN'S  ACCEPTANCE   OF   THE   SURRENDER  OF   GOVERN- 

MENT« 

At  the  Court  of  St.  James's  the  iTth  day  of  April,  1702 

PRESENT 

The  Queen's  most  Excellent  Majesty. 
His     Royal     Highness,     Prince     Earl  of  Radnor, 

George  of  Denmark,  Earl  of  Barkeley, 

Lord  Keeper,  Earl  of  Rochester, 

Lord  President,  Earl  of  Marlborough, 

Lord  Steward,  Earl  of  Bradford, 

Duke  of  Bolton,  Earl  of  Romney, 

Duke  of  Schonberg,  Earl  of  Renalagh, 

Duke  of  Leeds,  Lord  Ferrers, 

Lord  Great  Chamberlain,  Lord  Godolphin, 

Earl  Marshall,  Mr.  Comptroller, 

Lord  High  Admiral,  Mr.  Vice  Chamberlain, 

Lord  Chamberlain,  Mr.  Secretary  Vernon, 

Earl  of  Dorset,  Mr.  Chancellor  of  the  Exchequer, 

Earl  of  Manchester,  Lord  Chief  Justice, 

Earl  of  Stamford,  Sir  Charles  Hedges, 

Earl  of  Burlington,  Mr.  Smith, 

This  day  the  several  Proprietors  of  East  and  \yest  New  Jersey  in 
America,  did  in  person  present  a  deed  of  surrender  by  them  executed 
under  their  hands  and  seals,  to  her  Majesty  in  Council,  and  did 
acknowledge  the  same  to  be  their  act  and  deed,  and  humbly  desire 
her  Majesty  accept  the  same,  that  it  might  be  enrolled  in  the  Court 
of  Chancery,  whereby  they  did  surrender  their  power  of  the  Govern- 
ment of  those  plantations:  Which  her  Majesty  graciously  accepted, 
and  was  pleased  to  order  as  it  is  hereby  ordered,  that  the  same  be 
enrolled  in  her  Majesty's  said  High  Court  of  Chancery,  whereby  they 
did  surrender  their  power  of  the  Government  of  those  plantations 
which  her  Majesty  graciously  accepted  and  Avas  pleased  to  order,  as 
it  is  hereby  ordered,  that  the  same  be  enrolled  in  her  Majesty's  said 
High  Court  of  Chancery,  and  the  said  instruments  are  to  be  delivered 
to  Mr.  Attorney  General,  who  is  to  take  care  that  the  same  be  en- 
rolled accordingly. 

A  true  copy. 

W.  Sharpe. 

17  March  1747, 
Examined  the  foregoing  copy  with  the  entry,  remaining  in  the 
register  book,  in  the  office  of  his  Majesty's  privy  Council  at  Whitehall, 
and  found  the  same  to  contain  a  true  copy. 

James  Hamilton, 

«  Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spicer, 
2  ed.,  pp.  C)17-(;i8. 


New  Jersey— 1702  2585 

7  October,  1747 
Examined  the  foregoing  copy,  with  the  entry  remaining  in  the 
register  book  in  the  office  of  his  Majesty's  privy  Council  at  Whitehall, 
and  found  the  same  to  contain  a  true  copy. 

John  Waddell, 

Be  it  remembered,  that  on  the  tenth  day  of  September,  1748,  John 
Waddell  of  the  city  of  New  York,  merchant,  appeared  before  Robert 
Hunter  Morris,  Esq;  Chief  Justice  of  the  Province  of  New  Jersey, 
and  being  duly  sworn  on  the  holy  evangelists,  on  his  oath  declared, 
that  the  name  of  John  Waddell,  signed  to  the  preceding  certificate 
of  the  7th  of  October,  1747,  is  the  proper  hand  Avriting  of  the  declar- 
ant, and  that  the  matter  contained  in  the  said  certificate  is  true, 

John  Waddell. 

Sworn  as  above,  before  me, 
Robert  Hunter  Morris. 

Agrees  with  an  attested  copy,  being  carefully  examined  and  cor- 
rected by  me, 

John  Smith, 

Register  of  the  Proprietors  of  East  New  Jersey. 


SURRENDER  FROM  THE  PROPRIETORS  OF  EAST  AND  WEST  NEW 
JERSEY,  OF  TKEIR  PRETENDED  RIGHT  OF  GOVERNMENT  TO 
HER  MAJESTY— 1702 « 

Whereas  his  late  Majesty  King  Charles  the  Second,  by  his  Letters 
Patents  under  the  great  seal  of  England,  bearing  date  at  Westmin- 
ster on  or  about  the  12th  day  of  March,  in  the  sixteenth  year  of  his 
reign,  did  give  and  grant  to  James  then  Duke  of  York,  his  heirs 
and  assigns,  all  that  part  of  the  main  land  of  New  England,  begin- 
ning at  a  certain  place  called  or  known  by  the  name  of  Saint  Croix, 
next  adjoining  to  New  Scotland  in  America,  and  from  thence  extend- 
ing along  the  sea-coast  unto  a  certain  place  called  Pemaquod  or 
Pemaquid,  and  so  up  the  river  thereof  to  the  furthest  head  of  the 
same,  as  it  tends  northward,  and  extending  from  thence  to  the  river 
of  Kenibique,  and  so  upwards  by  the  shortest  course  to  the  river 
Canada,  northward ;  and  also  all  that  island  or  islands  commonly 
called  by  the  several  name  or  names  of  Manowacks,  or  Long  Island, 
situate,  lying  and  l)eiug  towards  the  Avest  of  Cape  Codd  and  the 
Narrohigansets,  abutting  upon  the  main  land  between  the  two  rivers 
there,  called  or  known  by  the  several  names  of  Connecticut  and  Hud- 
son's river;  together  also  with  the  said  river  called  Hudson's  river, 
and  all  the  lands  from  the  west  side  of  Connecticut  river  to  the  .east 
side  of  Delaware  bay.  And  also  all  those  several  islands  called  or 
known  by  the  names  of  Martin's  Vinyard,  and  Nantucks  or  Nan- 
tucket, together  with  all  the  lands,  islands,  soils,  rivers,  harbours, 
mines,  minerals,  quarries,  Avoods,  marshes,  waters,  lakes,  fishings, 
hawkings,  hunting,  and  fowling,  and  all  other  royalties,  profits,  com- 
modities and  hereditaments  to  the  several  islands,  lands,  and  premises, 

» Verified  by  "  Grants  and  Concessions  of  New  Jersey."  Learning  &  Spieer. 
2d  Ed.     pp.  r.00-fi:8. 


2586  New  Jersey— 1702 

belonging  and  appertaining,  with  their  and  every  of  their  appurte- 
nances, to  have  and  to  hold  all  and  singular  the  said  lands,  islands, 
hereditaments,  with  their  and  every  of  their  appurtenances,  to-  the 
said  James  Duke  of  York,  his  heirs  and  assigns  forever,  to  be  held 
of  the  said  King,  his  heirs  and  successors  as  of  his  manor' of  East 
Greenwich  in  Kent,  in  free  and  common  soccage  and  not  in  capite 
or  by  knight's  service,  yielding  and  rendering  therefore  yearly  and 
every  year,  forty  beaver  skins  when  demanded,  or  Avithin  ninety  days 
after:  And  by  the  same  Letters  Patents  the  late  King  Charles  the 
Second,  for  himself,  his  heirs  and  successors,  did  give  and  grant  to 
the  said  James  Duke  of  York,  his  heirs,  deputies,  agents,  commis- 
sioners and  assigns,  full  and  absolute  power  and  authority  to  correct, 
punish,  pardon,  govern  and  rule  all  such  subjects  of  the  said  King, 
his  heirs  and  successors,  as  should  from  time  to  time  adventure  them- 
selves into  the  parts  and  places  aforesaid,  or  that  should  at  any  time 
then  after  inhabit  within  the  same,  according  to  such  laws,  orders, 
ordinances,  directions  and  instructions  as  by  the  said  Duke  of 
York,  or  his  assigns,  should  be  established;  and  in  defect  thereof, 
in  case  of  necessity,  according  to  the  good  directions  of  his  deputies, 
commissioners,  officers  or  assigns  respectively,  as  well  in  all  causes 
and  matters  as  well  capital  and  criminal  as  civil,  both  marine  and 
others,  so  always  as  the  said  statutes,  ordinances  and  proceedings  were 
not  contrary,  but  as  near  as  might  be  agreeable  to  the  laws  and  stat- 
utes and  government  of  the  realm  of  England,  saving  and  reserving 
to  his  said  Majesty,  his  heirs  and  successors,  the  receiving,  hearing 
and  determining,  of  the  appeal  and  appeals  of  all  or  any  other  person 
or  persons  of,  in  or  belonging  to  the  territories  or  islands  aforesaid, 
in  or  touching  any  judgment  or  sentence  to  be  there  made  or  given; 
and  further  that  it  should  and  might  be  lawful  to  and  for  the  said 
Duke  of  York,  his  heirs  and  assigns,  from  time  to  time  to  nominate, 
constitute,  ordain  and  confirm  such  laws  as  aforesaid,  by  such  name 
or  names  or  stiles  as  to  him  or  them  shall  seem  good ;  and  likewise  to 
revoke,  discharge,  change  and  alter  as  well  all  and  singular  Gover- 
nors, officers  and  ministers,  which  then  after  should  be  by  him  or 
them  thought  fit  or  needful  to  be  made  or  used  within  the  aforesaid 
parts  and  islands;  and  also  to  make,  ordain  and  establish,  all  manner 
of  orders,  laws,  directions,  instructions,  forms  and  ceremonies  of 
government  and  magistracy,  fit  and  necessary  for  and  concerning  the 
government  of  the  Territories  and  islands  aforesaid,  so  always  as  the 
same  Avere  not  contrary  to  the  laws  and  statutes  of  the  realm  of  Eng- 
land, but  as  near  as  might  be  agreeable  thereunto;  and  the  same  at 
all  times  then  after  to  put  in  execution  or  abrogate,  revoke  or  change, 
not  only  wnthin  the  precinct  of  the  said  Territories  or  islands,  but 
also  upon  the  seas  in  going  and  coming  to  and  from  the  same,  as  he 
and  they  in  their  good  direction  should  think  to  be  fittest  for  the 
good  of  the  adventurers  and  inhabitants  there.  And  the  late  King 
did  thereby  grant,  ordain  and  declare,  that  such- Governors,  officers, 
ministers  as  from  time  to  time  should  be  authorized  and  appointed  in 
manner  and  form  aforesaid,  should  and  might  have  full  power  and 
authority  to  use  and  exercise  martial  law  in  cases  of  rebellion,  insur- 
rection, and  mutiny,  in  as  large  and  ample  manner  as  the  lieutenants 
of  his  said  Majesty  in  his  counties  of  the  realm  of  England  had,  or 
ought  to  have,  by  their  commissions  of  lieutenancy,  or  any  law  or 
statute  of  the  said  realm  of  England.     And  the  said  late  King  did 


'       New  Jersey— 1702  2587 

thereby  also  for  himself,  heirs  and  successors,  grant  to  the  said  James 
Duke  of  York,  that  it  should  and  might  be  lawful  for  him,  his  heirs 
and  assigns,  in  his  or  their  discretions,  from  time  to  time,  to  admit 
such  and  so  many  person  or  persons  to  trade  and  traffick  unto  and 
within  the  Territories  and  islands  aforesaid,  and  into  every  or  any 
part  or  parcel  thereof,  and  to  have  process  and  enjoy  any  lands  and 
hereditaments  in  the  parts  and  places  aforesaid,  as  they  should  think 
fit,  according  to  the  laws,  orders,  constitutions  and  ordinances  by  the 
said  James  Duke  of  York,  his  heirs,  deputies,  commissioners  and 
assigns  from  time  to  time  to  be  made  and  established,  by  virtue  of 
and  according  to  the  true  intent  and  meaning  of  the  said  Letters 
Patents,  and  under  such  conditions,  reservations  and  agreements  as 
the  said  James  Duke  of  York,  his  heirs  and  assigns  should  set  down, 
order,  direct  and  appoint,  and  not  otherwise.  And  by  the  said 
Letters  Patents  the  said  King  did  for  himself  his  heirs,  and  suc- 
cessors, grant  to  the  said  James  Duke  of  York,  his  heirs  and  assigns, 
and  to  all  and  every  such  Governor  and  Governors  or  other. officers 
or  ministers  as  by  the  sa:id  James  Duke  of  York,  his  heirs  or  assigns, 
should  be  appointed,  with  power  and  authority  of  government  and 
command  in  or  over  the  inhabitants  of  the  said  Territories  or  islands, 
that  they  and  every  of  them  should,  or  lawfully  might,  from  time  to 
time,  and  at  all  times  then  after  or  for  ever,  for  their  several  defence 
and  safety,  encounter,  expulse,  repel  and  resist  by  force  of  arms,  as 
well  by  sea  as  by  land,  and  all  ways  and  means  whatsoever,  all  such 
person  or  persons  as  without  the  especial  licence  of  the  said  James 
Duke  of  York,  his  heirs  and  assigns,  should  attempt  to  inhabit  within 
the  several  precincts  and  limits  of  the  said  territories  and  islands; 
and  also  all  and  every  such  person  and  persons  whatsoever  as  should 
enterprize,  or  attempt  at  any  time  then  after,  the  destruction  or 
invasion,  detriment  or  annoyance  to  the  parts,  places  or  islands  afore- 
said, or  any  part  thereof ;  as  by  the  said  recited  Letters  Patents  duly 
enrolled,  relation  thereunto  had,  more  at  large  may  appear.  Arid 
whereas  the  estate,  interest,  right  and  title  of  the  said  James  Duke  of 
York,  in  and  to  the  Provinces  of  East  Jersey  and  West  Jersey,  part 
of  the  premises  by  the  said  recited  Letters  granted,  are  by  mean  con- 
veyances and  assurances  in  the  law,  come  unto  and  vested  in  or 
claimed  amongst  others  by  Sir  Thomas  Lane,  Paul  Dominique,  Rob- 
ert Mitchell,  Joseph  Brooksbank,  Michael  Watts,  Edward  Richier, 
John  Norton,  Ebenezer  Jones,  John  IVhiting,  John  Willcocks,  John 
Bridges,  Thomas  Skinner,  Benjamin  Steell,  Obediah  Burnett,  Joseph 
Micklethwait,  Elizabeth  Miller,  Benjamin  Levy,  Francis  Minshall, 
fjoseph  Collier,  Thomas  Lewis,  Jo.  Bennet,  John  Booker,  Benjamin 
Nelson,  James  Wassee,  Richard  Harrison,  John  Jurin,  Richard 
Greenaway,  Charles  Mitchell,  Francis  Mitchell,  Tracy  Paunceford, 
William  Hamond,  Ferdinando  Holland,  William  Dockwra,  Peter 
Sonmans,  Joseph  Grimston,  Charles  Ormston,  Edward  Antill, 
George  Wi  Hocks,  Francis  Handcock,  Thomas  Barker,  Thomas 
Cooper,  Robert  Burnet,  Miles  Forster,  John  Johnstone,  David  Lyell, 
Michael  Hawdon,  Thomas  Warne,  Thomas  Gordon,  John  Barclay, 
Clement  Plumstead,  Gilbert  Mollison,  and  Richard  Hasel,  the  pres- 
ent Proprietors  thereof,  and  they  also  have  claimed,  by  virtue  of  the 
said  Letters  Patents  and  mean  conveyances  to  exercise  within  the  said 
Provinces  for  the  governing  the  inhabitants  thereof,  all  the  powers 
and  authorities  for  government  granted  by  the  said  Letters  Patents 


2588  New  Jersey— 1702 

to  the  said  Duke  and  his  heirs  and  assigns;  but  her  Majesty  hath 
been  advised,  that  they  have  no  right  nor  can  legally  execute  any  of 
the  said  powers,  but  that  it  belongeth  to  her  Majesty  in  right  of  her 
Crown  of  England  to  constitute  Governors  of  the  said  Provinces, 
and  to  give  directions  for  governing  of  the  inhabitants  thereof,  as 
her  Majesty  shall  think  fit.  And  the  said  Proprietors  being  desirous 
to  submit  themselves  to  her  Majesty,  are  willing  to  surrender  all 
their  pretences  to  the  .said  powers  of  government,  to  the  intent  her 
Majesty  may  be  pleased  to  constitute  a  Governor  or  Governors  of 
the  same  Provinces,  with  such  powers,  privileges  and  authorities  for 
the  government  thereof,  and  making  of  such  laws  there  with  the  con- 
sent of  the  Assembly  of  the  said  Provinces,  and  her  Majesty's  subse- 
quent approbation  thereof,  as  her  Majesty  in  her  great  wisdom  shall 
think  fit  and  convenient.  We  therefore  the  said  Sir  Thomas  Lane, 
Paul  Dominique,  Robert  Mitchell,  Joseph  Brooksbanke,  Machael 
Watts,  Ed.  Eichier,  John  Norton,  Ebenezer  Jones,  John  Whiting, 
Clement  Plumstead,  John  Wilcocks,  John  Bridges,  Thomas  Skinner, 
Benjamin  Steele,  Obadiah  Burnet,  Joseph  Michlethwait,  Elizabeth 
Miller,  Benjamin  Levy,  Francis  Minshall,  Joseph  Collier,  Thomas 
Lewes,  Jo.  Bennet,  John  Booker,  Benjamin  Nelson,  James  Wasse, 
Richard  Harrison,  John  Jurin,  Richard  Greenaway,  Charles  Mitchell, 
Francis  Mitchell,  Tracy  Paunceford,  William  Hamond,  Ferdinando 
Holland,  William  Docw^ra,  Peter  Sonmans,  Joseph  Grinston,  Charles 
Ormston,  Edward  Anthill,  George  Wilcoks,  Francis  Hancock, 
Thomas  Barker,  Thomas  Cooper,  Robert  Burnett,  Miles  Forster, 
John  Johnston,  David  Lyell,  Michael  Hawdon,  Thomas  Warne, 
Thomas  Gordon,  John  Barclay,  Gilbert  Molleson,  and  Richard 
Hasell,  &c.  the  present  Proprietors  of  the  said  Provinces  of  East  Jer- 
sey, and  West  Jersey,  for  the  consideration  and  to  the  intent  afore- 
said, have  surrendered  and  yielded  up,  and  by  these  presents  for  us 
and  our  heirs,  do  surrender  and  yield  up  unto  our  Sovereign  Lady 
ANNE  by  the  grace  of  God  Queen  of  England,  Scotland,  France, 
and  Ireland,  Defender  of  the  Faith,  &c.  her  heirs  and  successors,  all 
these  the  said  powers  and  authorities  to  correct,  punish,  pardon,  gov- 
ern and  rule  all  or  any  of  her  Majesty's  subjects  or  others,  who  now 
are  or  inhabit  or  hereafter  shall  adventure  into  or  inhabit  within  the 
said  Provinces  of  East  Jersey,  and  West  Jersey,  or  either  of  them; 
and  also  to  nominate,  make,  constitute,  ordain  and  confirm  any  laws, 
orders,  ordinances  and  directions  and  instruments  for  those  purposes 
or  any  of  them;  and  to  nominate,  constitute  or  appoint,  revoke,  dis- 
charge, change  or  alter  any  Governor  or  Governors,  officers  or  min- 
isters which  are  or  shall  be  appointed,  made  or  used  within  the  said 
Provinces  or  either  of  them ;  and  to  make,  ordain  and  establish  any 
orders,  laws,  directions,  instruments,  forms  or  ceremonies  of  govern- 
ment and  magistracy,  for  or  concerning  the  government  of  the  Prov- 
inces aforesaid  or  either  of  them,  or  on  the  sea  in  going  and  coming 
to  or  from  thence,  or  to  put  in  execution,  or  abrogate,  revoke  or 
change  such  as  are  already  made  for  or  concerning  such  government, 
or  any  of  them;  and  also  all  those  the  said  powers  and  authorities 
to  use  and  exercise  martial  law  in  the  places  aforesaid,  or  either  of 
them,  and  to  admit  any  person  or  persons  to  trade  or  traffick  there, 
and  of  encountering,  repelling  and  resisting  by  force  of  arms  any 
person  or  persons  attempting  to  inhabit  there  without  the  licence  of 
us  the  said  Proprietors,  our  heirs  and  assigns,  and  all  other  tlie 


New  Jersey— 1702 


2589 


powers,  authorities  and  privileges  of  or  concerning  the  government 
of  the  Provinces  aforesaid,  or  either  of  them  to  the  inhabitants 
thereof,  which  were  granted  or  mentioned  to  be  granted  by  the  said 
recited  Letters  Patents,  and  every  of  them.  In  witness  whereof  the 
persons  above  named  have  hereunto  set  their  hands  and  seals  this 
fifteenth  day  of  April,  in  the  year  of  our  Lord  one  thousand  seven 
hundred  and  two,  and  in  the  first  3^ear  of  her  Majesty's  reign. 

For  the  Eastern  Division 


L.  Morris,  in  behalf  of  Robert 

Burnett, 
Miles  Forster, 
John  Johnstone, 
Michael  Hawdon, 
John  Barclay, 
David  Lyell, 
Thomas  Warne, 
Thomas  Gordon, 
Thomas  Barker, 
Thomas  Cooper, 
Gilbert  Mollison, 
Henry     Adderly,     for     Richard 

Hasel  of  Barbados. 
William  Dockwra, 


Peter  Sonmans, 

Joseph  Ormston,  for  myself,  and 
as  proxy  for  Charles  Ormston, 
Edward  Anthill,  and  George 
Willocks,  and  Representative 
of  Francis  Hancock, 

Thomas  Lane, 

Paul  Dominique, 

Robert  Mitchell, 

Joseph  Brooksbank, 

E.  Richier, 

Michael  Watts, 

Clement  Plumstead. 


For  the  Western  Division 


Benjamin  Nellson, 
James  Wasse, 
Richard  Harrison, 
John  Jurin, 
Richard  Greenaway, 
Charles  Michell, 
Francis  Michell, 
Francis  Paunceford, 
Wm.  Hamond, 
Ferd.  Holland, 
Elizabeth  Miller, 
Benjamin  Levy, 
Francis  Minshall, 
Joseph  Collin, 
Thomas  Lewis, 
Jo.  Bennet, 


John  Booker, 
John  Whiting, 
elohn  Wilcocks, 
John  Bridges, 
Thomas  Skinner, 
Benjamin  Steel, 
Obadiah  Burnett, 
Jos.  Micklethwait, 
Thomas  Lamb, 
Paul  Dominique, 
Robert  Michell, 
Jos.  Brooksbanks, 
Michael  Watts, 
E.  Richier, 
John  Norton, 
Eben.  Jones. 


Sealed  and  delivered  by  Thomas  Lane,  Paul  Domininque,  Robert 
Mitchell,  Joseph  Brooksbanks,  Michael  Watts,  P^dward  Richier,  John 
Norton,  Ebenezer  Jones,  John  Whiting,  John  Willcocks,  John 
Bridges,  Thomas  Skinner,  Benjamin  Steel,  Obadiah  Burnett,  Joseph 
Micklethwait,  Elizabeth  Miller,  Benjamin  Levy,  Francis  Minshall, 
Joseph  Collier,  Thomas  Lewis,  John  Bennett,  John  Booker,  Benja- 
min Nelson,  James  Wasse,  Richard  Harrison,  John  Jurin,  Richard 
Greenaway,  Charles  Mitchell,  Francis  Mitchell,  Tracy  Pauncefort, 
William  Hamond,  P>rdinando  Holland.     And  for  the  interest  the 


2590  New  Jersey— 1712 

Proprietors  of  West  Jersey,  have  in  East  Jersey,  Thomas  Lane,  Paul 
Dominique,  Robert  Mitchel,  Joseph  Brooksbank,  Edward  Richier  and 
Michael  Watts. 

Sealed  and  delivered  by  the  aforesaid  persons  in  the  presence  of  us. 
L.  Morris, 

Jonathan  Greenwood, 
Sealed  and  delivered  by  William  Docwra,  Peter  Sonmans,  Joseph 
Ormston,  Thomas  Barker  and  Thomas  Cooper,  Proprietors  of  East 
Jersey,  in  the  presence  of  us. 
Richard  Bouts, 
Nathaniel  Welch, 
Sealed  and  delivered  by  Gilbert  Mollesson,  in  presence  of  us. 
Daniel  Wild, 
Gilbert  Falconer. 
Sealed  and  delivered  by  Clement  Plumstead,  in  presence  of  us. 
John  Askew, 
Samuel  Hannington. 
Sealed  and  delivered  by  Henry  Adderly,  in  presence  of  us. 
John  Blackall, 
'Thomas  Cage, 
Sealed  and  delivered  by  Lewis  Morris,  in  presence  of 
Aug.  Graham, 
Richard  Bibby. 
I  do  hereby  certify  that  this  is  a  true  copy  from  the  books  in  the 
plantation  office. 

Whitehall,  January  17,  1752. 

Samuel  Gellibrand,  D.  Secretary. 


CHARLES  II'S  GRANT  OF  NEW  ENGLAND  TO  THE  DUKE  OF  YORK, 
1676— EXEMPLIFIED  BY  aUEEN  ANNE,  1712  « 

Anne,  by  the  grace  of  God,  of  Great  Britain,  France  and  Ireland, 
Queen,  Defender  of  the  Faith,  &c.  To  all  to  whom  these  our  pres- 
ent letters  shall  come  greeting:  Know  ye,  that  among  the  records 
remaining  in  our  Secretary's  Office  of  our  Province  of  New  York,  in 
America,  at  our  fort  at  New  York,  We  have  inspected  certain  Let- 
ters Patents  granted  unto  his  late  Royal  Hiness  James,  Duke  of 
Y^ork,  deceased,  which  followeth  in  these  w^ords. 

Charles  the  Second,  by  the  grace  of  God  King  of  England,  Scot- 
land, France  and  Ireland,  Defender  of  the  Faith,  &c.  To  all  to 
whom  these  presents  shall  come  greeting:  Know  ye,  that  we  for 
divers  good  causes  and  considerations  us  thereunto  moving,  have  of 
our  especial  grace,  certain  knowledge,  and  meer  "Vnotion,  given  and 
granted,  and  by  these  presents  for  us,  our  heirs  and  successors,  do 
give  and  grant  unto  our  dearest  brother  James,  Duke  of  York,  his 
heirs  and  assigns,  all  that  part  of  the  main  land  of  New  England, 
beginning  at  a  certain  place  called  or  known  by  the  name  of  St. 
Croix,  next  adjoining  to  New  Scotland  in  America ;  and  from  thence 
extending  along  the  sea  coast  unto  a  certain  place  called  Petuaquine 

o  Verified  by  "  Grants  and  Concessions  of  New  Jersey,"  Learning  &  Spicer. 
2d  Ed.     pp.  3-8. 


New  Jersey— 1712  2591 

or  Pemaquid,  and  so  up  the  river  thereof  to  the  farthest  head  of  the 
same  as  it  tendeth  northward ;  and  extending  from  thence  to  the  river 
of  Kenebeqiie,  and  so  upwards  by  the  shortest  course  to  the  river  of 
Canada  northward.  And  also  all  that  Island  or  Islands,  commonly 
called  by  the  several  name  or  names  of  Matowacks  or  Long  Island, 
scituate,  lying  and  being  towards  the  west  of  Cape  Codd  and  the 
Narrow  Higansetts,  abutting  upon  the  main  land  between  the  two 
rivers  there,  called  or  known  by  the  several  names  of  Conecticut  or 
Hudsons  river;  together  also  with  the  said  river  called  Hudsons 
river,  and  all  the  lands  from  the  west  side  of  Conecticut,  to  the  east 
side  of  Delaware  Bay.  And  also  all  those  several  islands  called  or 
known  by  the  names  of  Martin's  Vineyard  and  Nantukes  or  other- 
wise Nantukett;  together  with  all  the  lands,  islands,  soiles,  rivers, 
harbours,  mines,  mmerals,  quarries,  woods,  marshes  waters,  lakes, 
fishings,  hawkings,  huntings  and  fowling;  and  all  other  royalt3^'s, 
profits,  commodities  and  hereditaments  to  said  several  islands,  lands 
and  premises  belonging  and  appertaining,  with  their  and  every  of 
their  apurtenances ;  and  all  our  estate,  right,  title,  interest,  benefit, 
advantage,  claim  and  demand  of,  in  or  to  the  said  lands  and  premises, 
or  any  part  or  parcel  thereof,  and  the  reversion  and  reversions, 
remainder  and  remainders;  together  with  the  yearly  and  other  the 
rents,  revenues  and  profits  of  all  and  singular  the  said  premises,  and 
of  every  part  and  parcel  thereof ;  to  have  and  to  hold  all  and  singular 
the  said  lands,  islands,  heriditaments,  and  premisses,  with  their  and 
every  of  their  appurtenances,  hereby  given  and  granted,  or  herein 
before  mentioned  to  be  given  and  granted  unto  our  dearest  brother 
•James  Duke  of  York,  his  heirs  and  assigns  forever;  to  the  only 
proper  use  and  behoof  of  the  said  James  Duke  of  York,  his  heirs  and 
assigns  forever ;  to  be  holden  of  us,  our  heirs  and  successors,  as  of  our 
mannor  of  East  Greenwich  in  our  County  of  Kent,  in  free  and  com- 
mon soccage,  and  not  in  capitie,  nor  by  night  service  yielding  and  ren- 
dering. And  the  said  James  Duke  of  York,  doth  for  himself,  his 
heirs  and  assigns,  covenant  and  promise  to  yield  and  render  unto  our 
heirs  and  successors^  of  and  for  the  same  and  every  year,  forty  beaver 
skins  when  they  shall  be  demanded,  or  within  ninety  days  after. 
And  Ave  do  further  of  our  special  grace,  certain  knowledge  and  meer 
motion,  for  us,  our  heirs  and  successors,  give  and  grant  unto  our  said 
dearest  brother  James  Duke  of  York,  his  heirs,  deputies,  agents,  com- 
missioners and  assigns,  by  these  presents,  full  and  absolute  power  and 
authority  to  correct,  punish,  pardon,  govern  and  rule  all  such  the  sub- 
jects of  us,  our  heirs  and  successors,  as  shall  from  time  to  time  adven- 
ture themselves  into  any  the  parts  or  places  aforesaid ;  or  that  shall  or 
do  at  any  time  hereafter  inhabit  Avithin  the  same,  according  to  such 
laws,  orders,  ordinances,  directions  and  instruments  as  by  our  said 
dearest  brother,  or  his  assigns,  shall  be  established;  and  in  defect 
thereof,  in  case  of  necessity,  according  to  the  good  discretions  of  his 
deputy's,  commissioners,  officers  or  assigns  respectively ;  as  well  in  all 
causes  and  matters  capital  and  criminal,  as  civil  both  marine  and 
others;  so  always  as  the  said  statutes,  ordinances  and  proceedings  be 
not  contrary  to,  but  as  near  as  conveniently  may  be,  agreeable  to  the 
laAvs,  statutes  and  government  of  this  our  realm  of  England;  and 
saving  and  reserving  to  us,  our  heirs  and  successors,  the  receiving, 
hearing,  and  determining  of  the  appeal  and  appeals  of  all  or  any 
person  or  persons  of,  in  or  belonging  to  the  territories  or  islands 


2592  New  Jersey— 1712 

aforesaid,  in  or  touching  anj^  judgment  or  sentence  to  be  there  made 
or  given.  And  further,  that  it  shall  and  may  be  lawful  to  and  for  our 
said  dearest  brother,  his  heirs  and  assigns,  by  these  presents  from 
time  to  time,  to  nominate,  make,  constitute,  ordain  and  confirm,  by 
such  name  or  names,  stile  or  stiles,  as  to  him  or  them  shall  seem  good, 
and  likewise  to  revoke  discharge,  change  and  alter  as  Avell  all  and 
singular  governor's,  officers  and  ministers  which  hereafter  sliall  be 
by  him  or  them  thought  fit  and  needful  to  be  made  or  used  within 
the  aforesaid  parts  and  islands :  And  also  to  make,  ordain  and  estab- 
lish all  manner  of  orders,  laws,  directions,  instructions,  forms  and 
ceremonies  of  government  and  magistracy  fit  and  necessary  for  and 
concerning  the  government  of  the  territories  and  islands  aforesaid; 
so  always  that  the  same  be  not  contrary  to  the  laws  and  statutes  of 
this  our  realm  of  England,  but  as  near  as  may  be  agreeable  thereunto ; 
and  the  same  at  all  times  hereafter  to  put  in  execution  or  abrogate, 
revoke  or  change,  not  only  within  the  precincts  of  the  said  terri- 
tories or  islands,  but  also  upon  the  seas  in  going  and  coming  to  and 
from  the  same,  as  he  or  they  in  their  good  discretions  shall  think  to 
be  fitest  for  the  good  of  the  adventurers  and  inhabitants  there.  And 
we  do  further  of  our  special  grace,  certain  knowledge,  and  nieer 
motion,  grant,  ordain  and  declare,  that  such  governors,  officers,  and 
ministers  as  from  time  to  time  shall  be  authorized  and  appointed  in 
manner  and  form  aforesaid,  shall  and  may  have  full  power  and 
authority  to  use  and  exercise  marshall  law  in  cases  of  rebellion,  insur- 
rection and  mutiny,  in  as  large  and  ample  manner  as  our  lieutenants 
in  our  counties  wifhin  our  realm  of  England  have  or  ought  to  have, 
by  force  of  their  commission  of  lieutenancy,  or  any  law  or  statute  of 
this  our  realm.  And  we  do  further  by  these  presents,  for  us,  our 
heirs  and  successors,  grant  unto  our  said  dearest  brother  James  Duke 
of  York,  his  heirs  and  assigns,  that  it  shall  and  may  be  lawful  to  and 
for  the  said  James  Duke  of  York,  his  heirs  and  assigns,  in  his  or 
their  discretion  from  time  to  time,  to  admit  such  and  so  many  person 
or  persons  to  trade  and  traffique  unto  and  within  the  said  territories 
and  islands  aforesaid,  and  into  every  or  any  joart  and  parcel  thereof; 
and  to  have,  possess  and  enjoy  any  lands  or  hereditaments  in  the  parts 
and  places  aforesaid,  as  they  shall  think  fit,  according  to  the  laws, 
orders,  constitutions  and  ordinances  by  our  said  brother,  his  heirs, 
deputies,  commissioners  and  assigns  from  time  to  time  to  be  made 
and  established  by  virtue  of,  and  according  to  the  true  intent  and 
meaning  of  these  presents;  and  under  such  conditions,  preservations 
and  agreements  as  our  said  brother,  his  heirs  or  assigns  shall  set  down, 
order,  direct  and  appoint  and  not  otherwise  as  aforesaid.  And  we 
do  further  of  our  especial  grace,  certain  knowledge,  and  meer  motion 
for  us,  our  heirs  and  successors,  give  and  grant  unto  our  said  dearest 
brother,  his  heirs  and  assigns,  by  these  presents,  that  it  shall  and 
may  be  law^ful  to  and  for  him,  them  or  any  of  them,  at  all  and  every 
time  and  times  hereafter,  out  of  any  our  realms  or  dominions  what- 
soever, to  take,  lead,  carry  and  transport  in  and  into  their  voyages, 
and  for  and  towards  the  plantations  of  our  said  territories  and 
islands,  all  such  and  so  many  of  our  loving  subjects,  or  any  other 
strangers,  being  not  prohibited  o^  under  restraint,  that  wnll  become 
our  loving  subjects  and  live  under  our  allegiance,  as  shall  willingly 
accompany  them  in  the  said  voyages;  together  Avith  all  such  cloath- 
ing,  implements,  furniture  and  other  things  usually  transported,  and 


New  Jersey— 1712  2593 

not  prohibited,  as  shall  be  necessary  for  the  inhabitants  of  the  said 
islands  and  territories,  and  for  their  use  and  defence  thereof,  and 
managing  and  carrying  on  the  trade  with  the  people  there;  and  in 
passing  and  returning  to  and  fro,  yielding  and  paying  to  us,  our 
heirs  and  successors,  the  customs  and  duties  therefor  due  and  pay- 
able, according  to  the  laws  and  customs  of  this  our  realm.  And  we 
do  also  for  us,  our  heirs  and  successors,  grant  to  our  said  dearest 
brother  James  Duke  of  York,  his  heirs  and  assigns,  and  to  all  and 
every  such  governor  or  governors,  or  other  officers  or  ministers  as 
by  our  said  brother,  his  heirs  or  assigns,  shall  be  appointed ;  to  have 
power  and  authority  of  government  and  connnand  in  or  over  the 
inhabitants  of  the  said  territories  or  islands,  that  they  and  every  of 
them  shall  and  lawfully  may  from  time  to  time,  and  at  all  times 
hereafter  for  ever,  for  their  several  defence  and  safety,  encoimter, 
expulse,  repell,  and  resist,  by  force  of  arms  as  well  by  sea  as  by  land, 
and  all  ways  and  means  whatsoever,  all  such  person  and  persons  as 
without  the  special  license  of  our  said  dearest  brother,  his  heirs  and 
assigns,  shall  attempt  to  inhabit  within  the  several  precincts  and 
limits  of  our  said  territories  and  islands.  And  also,  all  and  every 
such  person  and  persons  Avhatsoever,  as  shall  enterprize  or  attempt  at 
any  time  hereafter  the  destruction,  invasion,  detriment  or  annoyance 
to  the  parts,  places  or  islands  aforesaid  or  any  part  thereof.  And 
lastly,  our  will  and  pleasure  is,  and  we  do  hereby  declare  and  grant, 
that  these  our  letters  patents,  or  the  inrollment  thereof,  shall  be  good 
and  effectual  in  the  law^  to  all  intents  and  purposes  whatsoever,  not- 
withstanding the  not  reciting  or  mentioning  of  the  premises  or  any 
part  thereof,  or  the  meets  or  bounds  thereof,  or  of  any  former  or  other 
letters  patents  or  grants  heretofore  made  or  granted  of  the  premises, 
or  of  any  part  thereof,  by  us  or  of  any  of  our  progenitors,  unto  any 
other  person  or  persons  whatsoever,  bodies  politick  or  corporate,  or 
any  act,  law  or  other  restraint,  incertainty,  or  imperfection  Avhatso- 
ever  to  the  contrary  in  any  wise  notwithstanding;  altho'  express  men- 
tion of  the  yearly  value  or  certainty  of  the  premises,  or  any  of  them, 
or  of  any  other  gifts  or  grants  by  us,  or  by  any  of  our  progenitors  or 
predecessors  heretofore  made  to  the  said  James  Duke  of  York,  in 
these  presents  is  not  made,  or  any  statute,  act,  ordinance,  provision, 
proclamation  or  restriction,  heretofore  had,  made,  enacted,  ordained 
or  provided,  or  any  other  matter,  cause  or  thing  whatsoever  to  the 
contrary  thereof  in  any  wise  notwithstanding.  In  witness  whereof 
we  have  caused  these  our  letters  to  be  made  patent.  Witness  ourself 
at  Westminster,  the  twelfth  day  of  March,  in  the  sixteenth  year  of 
our  reign.     By  the  King,  Howard. 

All  which  by  the  tennor  of  these  presents  we  have  caused  to  be 
exemplyfied.  In  testimony  whereof  we  have  caused  our  seal  of  our 
said  Province  of  New  York  to  be  hereunto  affixed.  WITNESS  our 
trusty  and  well  beloved  Ivobert  Hunter,  Esq.;  our  Captain  General 
and  Governor  in  Chief  of  our  Provinces  of  New  York,  New  Jersey 
and  Territories  thereon  depending  in  America,  and  Vice  Admiral 
of  the  same,  and  at  our  Fort  at  New  York,  this  thirtieth  day  of 
October,  in  the  tenth  year  of  our  reign. 

H.  WiLEMAN,  Dep.  Scrij. 


2594  New  Jersey— 1776 


CONSTITUTION  OF  NEW  JERSEY— 1776  *  « 

WHEREAS  all  the  constitutional  authority  ever  possessed  by  the 
kings  of  Great  Britain  over  these  colonies,^  or  their  other  dominions, 
was,  by  compact,  derived  from  the  people,  and  held  of  them,  for  the 
common  interest  of  the  whole  society;  allegiance  and  protection  are, 
in  the  nature  of  things,  reciprocal  ties,  each  equally  depending  upon 
the  other,  and  liable  to  be  dissolved  by  the  others  being  refused  or 
withdrawn.  And  whereas  George  the  Third,  king  of  Great  Britain, 
has  refused  protection  to  the  good  people  of  these  colonies;  and,  by 
assenting  to  sundry  acts  of  the  British  parliament,  attempted  to  sub- 
ject them  to  the  absolute  dominion  of  that  body ;  and  has  also  made 
war  upon  them,  in  the  most  cruel  and  unnatural  manner,  for  no  other 
cause,  than  asserting  their  just  rights — all  civil  authority  under  him 
is  necessarily  at  an  end,  and  a  dissolution  of  government  in  each 
colony  has  consequently  taken  place. 

And  whereas,  in  the  present  deplorable  situation  of  these  colonies, 
exposed  to  the  fury  of  a  cruel  and  relentless  enemy,  some  form  of  gov- 
ernment is  absolutely  necessary,  not  only  for  the  preservation  of  good 
order,  but  also  the  more  effectually  to  unite  the  people,  and  enable 
them  to  exert  their  whole  force  in  their  own  necessary  defence :  and  as 
the  honorable  the  continental  congress,  the  supreme  council  of  the 
American  colonies,  has  advised  such  of  the  colonies  as  have  not  yet 
gone  into  measures,  to  adopt  for  themselves,  respectively,  such  gov- 
ernment as  shall  best  conduce  to  their  own  happiness  and  safety,  and 

*  yerified  from  "  Acts  of  the  General  Assembly  of  New  Jersey,  compiled  by 
Peter  Wilson,  Trenton,   MDCCCLXXXIV."     pp.   III-X 

See,  also  Extracts  from  the  Journal  of  Proceedings  of  the  Provincial  Con- 
gress of  New  Jersey.  Held  at  Trenton  in  the  months  of  ]May,  June  and 
August,  1775.  Published  by  order,  Burlington  :  Printed  and  sold  by  Isaac  Col- 
lins M.DCC.LXXV.  Woodbury,  N.  J.  Reprinted  by  order.  Joseph  Sailer, 
Printer,  1835.     pp.  241. 

Journal  of  the  Votes  and  Proceedings  of  the  Convention  of  New  Jersey. 
Begun  at  Burlington  the  Tenth  of  June  177G,  and  thence  continued  by  Adjourn- 
ment at  Trenton  and  New  Brunswick,  to  the  Twenty-first  of  August  following. 
To  which  is  annexed,  Sundry  Ordinances,  and  the  Constitution.  Published  by 
order.  Burlington :  Printed  and  sold  by  Isaac  Collins,  M.DCC.LXXVI.  Tren- 
ton:  Reprinted  by  order.     Joseph  Justice,  Printer.     1831. 

*  These  grants  embraced  all  the  lands  from  the  west  side  of  the  Connecticut 
River  to  the  east  side  of  Delaware  Bay. 

t  This  grant  w^as  made  by  the  Duke  of  York  to  Lord  John  Berkeley  and  Sir 
George  Carteret,  two  months  before  the  expedition  which  he  had  fitted  out  had 
taken  possession  of  the  territory,  now  the  State  of  New  Jersey,  which  had  been 
settled  by  the  Dutch  colonists  of  the  New  Netherlands. 

t  These  "  concessions,"  amended  at  different  times,  were  the  organic  law  of 
the  provinces  of  New  Jersey,  East  Jersey,  and  West  Jersey,  \intil  the  proprie- 
tors and  their  successors  surrendered  their  rights  to  the  Crown  in  1702.  The 
reunited  province  of  New  Jersey  was  thenceforth  governed  by  royal  governors, 
the  people  ever  insisting  upon  their  rights  as  established  in  the  "  concessions," 
until  the  Revolution. 

o  This  constitution  was  framed  by  a  convention  which  assembled  in  accordance 
with  the  recommendation  of  the  Continental  Congress  that  the  people  of  the 
colonies  should  form  independent  State  governments,  and  which  was  in  session, 
with  closed  doors,  successively,  at  Burlington.  Trenton,  and  New  Brunswick, 
from  May  20,  1776,  until  July  2,  1776,  with  intermissions.  It  was  not  submitted 
to  the  people,  but  its  publication  was  ordered  by  the  convention.  July  3,  1776. 

&The  legislature  of  New  Jersey  amended  this  constitution  September  20,  1777, 
by  substituting  the  words  "  State  "  and  "  States  "  for  *'  colony  "  and  "  colonies." 


New  Jersey— 1776  2595 

the  well-being  of  America  in  general : — We,  the  representatives  of  the 
colony  of  New  Jersey,  having  been  elected  by  all  the  counties,  in  the 
freest  manner,  and  in  congress  assembled,  have,  after  mature  delib- 
erations, agreed  upon  a  set  of  charter  rights  and  the  form  of  a  Consti- 
tution, in  manner  following,  viz. 

I.  That  the  government  of  this  Province  shall  be  vested  in  a  Gov- 
ernor, Legislative  Council,  and  (xeneral  Assembly. 

II.  That  the  Legislative  Council,  and  General  Assembly,  shall  be 
chosen,  for  the  first  time,  on  the  second  Tuesday  in  August  next;  the 
members  whereof  shall  be  the  same  in  number  and  qualifications  as 
are  herein  after  mentioned;  and  shall  be  and  remain  vested  with  all 
the  powers  and  authority  to  be  held  by  any  future  Legislative  Council 
and  Assembly  of  this  Colony,  until  the  second  Tuesday  in  October, 
which  shall  be  in  the  year  of  our  Lord  one  thousand  seven  hundred 
and  seventy-seven. 

III.  That  on  the  second  Tuesday  in  October  yearly,  and  every  year 
forever  (with  the  privilege  of  adjourning  from  day  to  day  as  occasion 
may  require)  the  counties  shall  severally  choose  one  person,  to  be  a 
member  of  the  Legislative  Council  of  this  Colony,  who  shall  be,  and 
have  been,  for  one  Avhole  year  next  before  the  election,  an  inhabitant 
and  freeholder  in  the  county  in  which  he  is  chosen,  and  worth  at  least 
one  thousand  pounds  proclamation  money,  of  real  and  personal  estate, 
within  the  same  county ;  that,  at  the  same  time,  each  county  shall  also 
choose  three  members  of  Assembly ;  provided  that  no  person  shall  be 
entitled  to  a  seat  in  the  said  Assembly  unless  he  be,  and  have  been,  for 
one  whole  j^ear  next  before  the  election,  an  inhabitant  of  the  county  he 
is  to  represent,  and  worth  five  hundred  pounds  proclamation  money,  in 
real  and  personal  estate,  in  the  same  county :  that  on  the  second  Tues- 
day next  after  the  day  of  election,  the  Council  and  Assembly  shall 
separately  meet ;  and  that  the  consent  of  both  Houses  shall  be  neces- 
sary to  every  law ;  provided,  that  seven  shall  be  a  quorum  of  the  Coun- 
cil, for  doing  business,  and  that  no  law  shall  pass,  unless  there  be  a 
majority  of  all  the  Representatives  of  each  body  personally  present, 
and  agreeing  thereto.  Provided  always,  that  if  a  majority  of  the  rep- 
resentatives of  this  Province,  in  Council  and  General  Assembly  con- 
vened, shall,  at  any  time  or  times  hereafter,  judge  it  equitable  and 
proper,  to  add  to  or  diminish  the  number  or  proportion  of  the  mem- 
bers of  Assembly  for  any  county  or  counties  in  this  Colony,  then,  and 
in  such  case,  the  same  may,  on  the  principles  of  more  equal  representa- 
tion, be  lawfully  done;  anything  in  this  Charter  to  the  contrary  not- 
withstanding: so  that  the  whole  number  of  Representatives  in  Assem- 
bly shall  not,  at  any  time,  be  less  than  thirty-nme. 

IV.  That  all  inhabitants  of  this  Colony,  of  full  age,  who  are  worth 
fifty  pounds  proclamation  money,  clear  estate  in  the  same,  and  have 
resided  within  the  county  in  which  they  claim  a  vote  for  twelve 
months  immediately  preceding  the  election,  shall  be  entitled  to  vote 
for  Representatives  in  Council  and  Assembly;  and  also  for  all  other 

ublic  officers,  that  shall  be  elected  by  the  people  of  the  county  at 
arge. 

V.  That  the  Assembly,  when  met,  shall  have  power  to  choose  a 
Speaker,  and  other  their  officers;  to  be  judges  of  the  qualifications  and 
elections  of  their  own  members;  sit  upon  their  own  adjournments; 
prepare  bills,  to  be  passed  into  laws ;  and  to  empower  their  Speaker  to 

7254— VOL  5—09 5 


I 


2596  New  Jersey— 1776 

convene  them,  whenever  any  extraordinary  occurrence  shall  render  it 
necessary. 

VI.  That  the  Council  shall  also  have  power  to  prepare  bills  to  pass 
into  laws,  and  have  other  like  powers  as  the  Assembly,  and  in  .all 
respects  be  a  free  and  independent  branch  of  the  Legislature  of  this 
Colony;  save  only,  that  they  shall  not  prepare  or  alter  any  money 
Ijill — which  shall  be  the  privilege  of  the  Assembly;  that  the  Council 
shall,  from  time  to  time,  be  convened  by  the  Governor  or  Vice-Presi- 
dent, but  must  be  convened,  at  all  times,  when  the  Assembly  sits;  for 
which  purpose  the  Speaker  of  the  House  of  Assembly  shall  always, 
immediately  after  an  adjournment,  give  notice  to  the  Governor,  or 
Vice-President,  of  the  time  and  place  to  which  the  House  is  adjourned. 

VII.  That  the  Council  and  Assembly  jointly,  at  their  first  meeting 
after  each  annual  election,  shall,  by  a  majority  of  votes,  elect  some 
fit  person  within  the  Colony,  to  be  Governor  for  one  year,  who  shall 
be  constant  President  of  the  Council,  and  have  a  casting  vote  in  their 
proceedings;  and  that  the  Council  themselves  shall  choose  a  Vice- 
President  who  shall  act  as  such  in  the  absence  of  the  Governor. 

VIII.  That  the  Governor,  or,  in  his  absence,  the  Vice-President  of 
the  Council,  shall  have  the  supreme  executive  power,  be  Chancellor 
of  the  Colony,  and  act  as  captain-general  and  commander  in  chief 
of  all  the  militia,  and  other  military  force  in  this  Colony;  and  that 
any  three  or  more  of  the  Council  shall^  at  all  times,  be  a  privy-council, 
to  consult  them ;  and  that  the  Governor  be  ordinary  or  surrogate- 
general. 

IX.  That  the  Governor  and  Council,  (seven  whereof  shall  be  a 
quorum)  be  the  Court  of  iVppeals,  in  the  last  resort,  in  all  clauses  of 
law,  as  heretofore ;  and  that  they  possess  the  power  of  granting  par- 
dons to  criminals,  after  condemnation,  in  all  cases  of  treason,  felony, 
or  other  offences. 

X.  That  captains,  and  all  other  inferior  officers  of  the  militia,  shall 
be  chosen  by  the  companies,  in  the  respective  counties;  but  field  and 
general  officers,  by  the  Council  and  Assembly. 

XI.  That  the  Council  and  Assembly  shall  have  power  to  make  the 
Great  Seal  of  this  Colony,  which  shall  be  kept  by  the  Governor,  or, 
in  his  absence,  by  the  Vice-President  of  the  Council,  to  be  used  by 
them  as  occasion  may  require :  and  it  shall  be  called.  The  Great  Seal 
of  the  Colony  of  New-Jersey. 

XII.  That  the  Judges  of  the  Supreme  Court  shall  continue  in  office 
for  seven  years :  the  Judges  of  the  Inferior  Court  of  Common  Pleas 
in  the  several  counties,  Justices  of  the  Peace,  Clerks  of  the  Supreme 
Court,  Clerks  of  the  Inferior  Court  of  Common  Pleas  and  Quarter 
Sessions,  the  Attorney-General,  and  Provincial  Secretary,  shall  con- 
tinue in  office  for  five  years :  and  the  Provincial  Treasurer  shall  con- 
tinue in  office  for  one  year ;  and  that  they  shall  be  severally  appointed 
by  the  Council  and  Assembly,  in  manner  aforesaid,  and  commissioned 
by  the  Governor,  or,  in  his  absence,  the  Vice-President  of  the  Council. 
Provided  always,  that  the  said  officers,  severally,  shall  be  capable  of 
being  re-appointed,  at  the  end  of  the  terms  seA^erally  before  limited ; 
and  that  an}^  of  the  said  officers  shall  be  liable  to  be  dismissed,  when 
adjudged  guilty  of  misbehaviour,  by  the  Council,  on  an  impeachment 
of  the  Assembly. 


New  Jersey— 1776  2597 

XIII.  That  the  inhabitants  of  each  county,  qualified  to  vote  as 
aforesaid,  shall  at  the  time  and  place  of  electing  their  Representa- 
tives, annually  elect  one  Sheriff,  and  one  or  more  Coroners;  and  that 
they  may  re-elect  the  same  person  to  such  offices,  until  he  shall  have 
served  three  years,  but  no  longer;  after  which,  three  years  must 
elapse  before  the  same  person  is  capable  of  being  elected  again. 
When  the  election  is  certified  to  the  Governor,  or  Vice-President, 
under  the  hands  of  six  freeholders  of  the  county  for  which  they  were 
elected,  they  shall  be  immediately  commissioned  to  serve  in  their  re- 
spective offices. 

XIV.  That  the  townships,  at  their  annual  town  meetings  for  elect- 
ing other  officers,  shall  choose  constables  for  the  districts  respectively ; 
and  also  three  or  more  judicious  freeholders  of  good  character,  to 
hear  and  finally  determine  all  appeals,  relative  to  unjust  assessments, 
in  cases  of  public  taxation ;  wlych  commissioners  of  appeal  shall,  for 
that  purpose,  sit  at  some  suitable  time  or  times,  to  be  by  them  ap- 
pointed, and  made  known  to  the  people  by  advertisements. 

XV.  That  the  laws  of  the  Colony  shall  begin  in  the  following 
style,  viz.  "  Be  it  enacted  by  the  Council  and  General  Assembly  of 
this  Colony,  and  it  is  hereby  enacted  by  authority  of  the  same :  " 
that  all  commissions,  granted  by  the  Governor  or  Vice-President, 
shall  run  thus — "  The  Colony  of  New- Jersey  to  X.  B.  &c.  greeting:  " 
and  that  all  writs  shall  likewise  run  in  the  name  of  the  Colony :  and 
that  all  indictments  shall  conclude  in  the  following  manner,  viz. 
"Against  the  peace  of  this  Colony,  the  government  and  dignity  of 
the  same." 

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

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

XVIII.  That  no  person  shall  ever,  within  this  Colony,  be  deprived 
of  the  inestinuible  privilege  of  worshipping  Almighty  God  in  a 
manner  agreeable  to  the  dictates  of  his  OAvn  conscience;  nor,  imder 
any  pretence  whatever,  be  compelled  to  attend  any  place  of  worship, 
contrary  to  his  own  faith  and  judgment;  nor  shall  any  person,  within 
this  Colony,  ever  be  obliged  to  pay  tithes,  taxes,  or  any  other  rates, 
for  the  purpose  of  building  or  repairing  any  other  church  or  churches, 
place  or  places  of  worship,  or  for  the  maintenance  of  any  minister 
or  ministry,  contrary  to  what  he  believes  to  be  right,  or  has  deliber- 
ately or  voluntarily  engaged  himself  to  perform. 

XIX.  That  there  shall  be  no  establishment  of  any  one  religious 
sect  in  this  Province,  in  preference  to  another ;  and  that  no  Protestant 
inhabitant  of  this  Colony  shall  be  denied  the  enjoyment  of  any  civil 
right,  merely  on  account  of  his  religious  principles;  but  that  all 
persons,  professing  a  belief  in  the  faith  of  any  Protestant  sect,  who 
shall  demean  themselves  peaceably  under  the  government,  as  hereby 

stablished,  shall  be  capable  of  being  elected  into  any  office  of  profit 


2598  New  Jersey— 1776 

or  trust,  or  being  a  membeiM^  either  branch  of  the  Legislature,  and 
shall  fully  aiid-fredynenjoy  eV^ry  privilege  and  immunity,  enjoyed 
by  others  th^r  fellow  subjects. ) 

XX.  That  the  legislative-  department  of  this  government  may,  as 
much  as  possible,  be  preserved  from  all  suspicion  of  corrujition,  none 
of  the  Judges  of  the  Supreme  or  other  Courts,  Sheriffs,  or  any  other 
person  or  persons  possessed  of  any  post  of  profit  under  the  govern- 
ment, other  than  Justices  of  the  Peace,  shall  be  entitled  to  a  seat  in 
the  Assembly :  but  that,  on  his  being  elected,  and  taking  his  seat,  his 
office  or  post  shall  be  considered  as  vacant. 

XXI.  That  all  the  laws  of  this  Province,  contained  in  the  edition 
lately  published  by  Mr.  Allinsoh,  shall  be  and  remain  in  full  force, 
until  altered  by  the  Legislature  of  this  Colony  (such  only  excepted, 
as  are  incompatible  with  this  Charter)  and  shall  be,  according  as 
heretofore,  regarded  in  all  respects,  by  all  civil  officers,  and  others, 
the  good  people  of  this  Province. 

XXII.  That  the  common  law  of  England,  as  well  as  so  much  of 
the  statute  law,  as  have  been  heretofore  practised  in  this  Colony, 
shall  still  remain  in  force,  until  they  shall  be  altered  by  a  future  law 
of  the  Legislature ;  such  parts  only  excepted,  as  are  repugnant  to  the 
rights  and  privileges  contained  in  this  Charter;  and  that  the  inesti- 
mable right  of  trial  by  jury  shall  remain  confirmed  as  a  part  of  the 
law  of  this  Colony,  without  repeal,  forever. 

XXIII.  That  every  person,  Avho  shall  be  elected  as  aforesaid  to 
be  a  member  of  the  Legislative  Council,  or  House  of  Assembh%  shall, 
previous  to  his  taking  his  seat  in  Council  or  Assembly,  take  the  fol- 
lowing oath  or  affirmation,  viz: 

"I,  A.  B.^  do  solemnly  declare,  that,  as  a  member  of  the  Legisla- 
tive Council,  [or  Assembly^  as  the  case  may  &e,]  of  the  Colony  of 
Ne^v-Jersey,  I  will  not  assent  to  any  law,  vote  or  proceeding,  which 
shall  appear  to  me  injurious  to  the  public  welfare  of  said  Colony,  nor 
that  shall  annul  or  repeal  that  part  of  the  third  section  in  the  Charter 
of  this  Colony,  which  establishes,  that  the  elections  of  members  of 
the  Legislative  Council  and  Assembly  shall  be  annual ;  nor  that  part 
of  the  twenty-second  section  in  said  Charter,  respecting  the  trial  by 
jury,  nor  that  shall  annul,  repeal,  or  alter  any  part  or  parts  of  the 
eighteenth  or  nineteenth  sections  of  the  same." 

And  any  person  or  persons,  wdio  shall  be  elected  as  aforesaid,  is 
hereby  empowered  to  administer  to  the  said  members  the  said  oath  or 
affirmation. 

Provided  always,  and  it  is  the  true  intent  and  meaning  of  this 
Congress,  that  if  a  reconciliation  between  Great-Britain  and  these 
Colonies  should  take  place,  and  the  latter  be  taken  again  under  the 
protection  and  government  of  the  crown  of  Britain,  this  Charter 
shall  be  null  and  void — otherwise  to  remain  firm  and  inviolable. 

In  Provincial  Congress,  New  Jersey, 

Burlington,  July  2,  1776. 

By  order  of  Congress. 

Samuel  Tucker,  Pres. 

William  Patterson,  Secretary. 


I 


New  Jersey— 18U  .     2599 


CONSTITUTION  OF  NEW  JERSEY— 1844  *  « 

We,  the  people  of  the  State  of  New  Jersey,  grateful  to  Almighty 
God  for  the  civil  and  religious  liberty  which  He  hath  so  long  per- 
mitted us  to  enjoy,  and  looking  to  Him  for  a  blessing  upon  our  en- 
deavors to  secure  and  transmit  the  same  unimpaired  to  succeeding 
generations,  do  ordain  and  establish  this  Constitution  : 

Article  I 

RIGHTS   AND   PRIVILEGES 

1.  All  men  are  by  nature  free  and  independent,  and  have  certain 
natural  and  inalienable  rights,  among  which  are  those  of  enjoying 
and  defending  life  and  liberty ;  acquiring,  possessing  and  protecting 
property,  and  of  pursuing  and  obtaining  safety  and  happiness. 

2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security  and  benefit  of  the  people, 
and  they  have  the  right  at  all  times  to  alter  or  reform^  the  same, 
whenever  the  public  good  may  require  it. 

3.  No  person  shall  be  deprived  of  the  inestimable  privilege  of 
worshiping  Almighty  God  in  a  manner  agreeable  to  the  dictates 
of  his  own  conscience ;  nor,  under  any  pretence  whatever,  to  be  com- 
pelled to  attend  any  place  of  worship  contrary  to  his  faith  and  judg- 
ment; nor  shall  any  person  be  obliged  to  pay  tithes,  taxes  or  other 
rates  for  building  or  repairing  any  church  or  churches,  place  or  places 
of  worship,  or  for  the  maintenance  of  any  minister  or  ministry,  con- 
trary to  what  he  believes  to  be  right,  or  has  deliberately  and  volun- 
tarily engaged  to  perform. 

4.  There  shall  be  no  establishment  of  one  religious  sect  in  prefer- 
ence to  another;  no  religious  test  shall  be  required  as  a  qualification 
for  any  office  or  public  trust;  and  no  person  shall  be  denied  the  enjoy- 
ment of  any  civil  right  merely  on  account  of  his  religious  principles. 

5.  Every  person  may  freely  speak,  write  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right.  No  law 
shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech  or  of  the 
press.  In  all  prosecutions  or  indictments  for  libel,  the  truth  may 
be  given  in  evidence  to  the  jury;  and  if  it  shall  appear  to  the  jury 
that  the  matter  charged  as  libelous  is  true,  and  was  published  with 
good  motives  and  for  justifiable  ends,  the  party  shall  be  acquitted; 
and  the  jury  shall  have  the  right  to  determine  the  law  and  the  fact. 

6.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 

*  Verified  from  "  The  Constitution  of  the  State  of  New  Jersey.  Trenton,  N.  J. 
MaeCrellish   &   Quigley,    State   Printers.     1J)06."     32   pp.     Official   edition. 

«  This  constitution  agreed  iii)on  by  the  delegates  of  the  people  of  New  Jersey, 
in  convention  begun  at  Trenton  on  the  fourteenth  day  of  May,  and  continued 
to  the  twenty-ninth  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-four,  ratified  by  the  people  at  an  election  held  on  the  thir- 
teenth day  of  August,  A.  D.  1844,  and  amended  at  a  special  election  held  on 
the  seventh  day  of  Sei)tember,  A.  D.  1875,  and  at  another  special  election  held 
on  the  twenty-eighth  day  of  September,  A.  D.  1897.     See  Appendix. 


2600  New  Jersey— 18 U 

papers  and  effects,  against  unreasonable  searches  and  seizures,  shall 
not  be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  and  particulary  describing  the  place 
to  be  searched  and  the  papers  and  things  to  be  seized. 

7.  The  right  of  a  trial  by  jury  shall  remain  inviolate;  but  the 
legislature  may  authorize  the  trial  of  civil  suits,  when  a  matter  in  dis- 
pute does  not  exceed  fifty  dollars,  by  a  jury  of  six  men. 

8.  In  all  criminal  prosecutions  the  accused  shall  have  the  right  to 
a  speedy  and  public  trial  by  an  impartial  jury;  to  be  informed  of  the 
nature  and  cause  of  the  accusation;  to  be  confronted  with  the  wit- 
nesses against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,-  and  to  have  the  assistance  of  counsel  in  his 
defense. 

9.  No  person  shall  be  held  to  answer  for  a  criminal  offense,  unless 
on  the  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
of  impeachment,  or  in  cases  cognizable  by  justices  of  the  peace,  or 
arising  in  the  army  or  navy ;  or  in  the  militia,  when  in  actual  service 
in  time  of  war  or  public  danger. 

10.  No  person  shall,  after  acquittal,  be  tried  for  the  same  offense. 
All  persons  shall,  before  conviction,  be  bailable  by  sufficient  sureties, 
except  for  capital  offenses,  when  the  proof  is  evident  or  presumption 
great. 

11.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  in  case  of  rebellion  or  invasion  the  public  safety  may 
require  it. 

12.  The  military  shall  be  in  strict  subordination  to  the  civil  power. 

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

14.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  in  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason,  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 

15.  Excessive  bail  shall  not  be  required,  excessive  fines  shall  not  be 
imposed,  and  cruel  and  unusual  punishments  shall  not  be  inflicted. 

16.  Private  property  shall  not  be  taken  for  public  use  w^ithout  just 
compensation ;  but  land  may  be  taken  for  public  highways  as  hereto- 
fore, until  the  legislature  shall  direct  compensation  to  be  made. 

17.  No  person  shall  be  imprisoned  for  debt  in  any  action,  or  on 
any  judgment  founded  upon  contract,  unless  in  cases  of  fraud;  nor 
shall  any  person  be  imprisoned  for  a  militia  fine  in  time  of  peace. 

18.  The  people  have  the  right  freely  to  assemble  together  to  consult 
for  the  common  good,  to  make  known  their  opinions  to  their  repre- 
sentatives, and  to  petition  for  redress  of  grievances. 

19.  No  county,  city,  borough,  town,  township  or  village  shall  here- 
after give  any  money  or  property,  or  loan  its  money  or  credit,  to  or 
in  aid  of  any  individual  association  or  corporation,  or  become  security 
for  or  be  directly  or  indirectly  the  owner  of  any  stocks  or  bonds  of 
any  association  or  corporation. 

20.  No  donation  of  land  or  appropriation  of  money  shall  be,  made 
by  the  State  or  any  municipal  corporation  to  or  for  the  use  of  any 
society,  association  or  corporation  whatever. 

21.  This  enumeration  of  rights  and  privileges  shall  not  be  con- 
strued to  impair  or  deny  others  retained  by  the  people. 


New  Jersey— 1844  2601 

Article  II 

RIGHT  OF   SUFFRAGE 

1.  Every  male  citizen  of  the  United  States,  of  the  age  of  twenty- 
one  years,  who  shall  have  been  a  resident  of  this  State  one  year,  and 
of  the  county  in  which  he  claims  his  vote  five  months,  next  before  the 
election,  shall  be  entitled  to  vote  for  all  officers  that  now  are,  or  here- 
after may  be,  elective  by  the  people;  provided^  that  no  person  in  the 
military,  naval  or  marine  service  of  the  United  States  shall  be  con- 
sidered a  resident  in  this  State,  by  being  stationed  in  any  garrison, 
barrack,  or  military  or  naval  place  or  station  within  this  State;  and 
no  pauper,  idiot,  insane  person,  or  person  convicted  of  a  crime  which 
now  excludes  him  from  being  a  witness  unless  pardoned  or  restored 
by  law  to  the  right  of  suffrage,  shall  enjoy  the  right  of  an  elector; 
and  prooided  further^  that  in  time  of  war  no  elector  in  the  actual 
military  service  of  the  State,  or  of  the  United  States,  in  the  army  or 
navy  thereof,  shall  be  deprived  of  his  vote  by  reason  of  his  absence 
from  such  election  district;  and  the  legislature  shall  have  power  to 
provide  the  manner  in  which,  and  the  time  and  place  at  which,  such 
absent  electors  may  vote,  and  for  the  return  and  canvass  of  their 
votes  in  the  election  districts  in  which  they  respectively  reside. 

2.  The  legislature  may  pass  laws  to  deprive  persons  of  the  right  of 

suffrage  who  shall  be  convicted  of  bribery. 

• 

Article  III 

DISTRIBUTION   OF   THE   PO AVERS   OF   GOVERNMENT 

1.  The  powers  of  the  government  shall  be  divided  into  three  dis- 
tinct departments — the  legislative,  executive  and  judicial;  and  no  per- 
son or  persons  belonging  to,  or  constituting  one  of  these  departments, 
shall  exercise  any  of  the  powers  properly  belonging  to  either  of  the 
others,  except  as  herein  expressly  provided. 

Article  IV 

LEGISLATIVE 
SECTION   I 

1.  The  legislative  power  shall  be  vested  in  a  senate  and  general 
assembly. 

2.  No  person  shall  be  a  member  of  the  senate  who  shall  not  have 
attained  the  age  of  thirty  years,  and  have  been  a  citizen  and  inhabi- 
tant of  the  State  for  four  years,  and  of  the  county  for  which  he  shall 
be  chosen  one  year,  next  before  his  election ;  and  no  person  shall  be  a 
member  of  the  general  assembly  who  shall  not  have  attained  the  age 
of  twenty-one  years,  and  have  been  a  citizen  and  inhabitant  of  the 
State  for  two  years,  and  of  the  county  for  which  he  shall  be  chosen 
one  year  next  before  his  election;  provided^  that  no  person  shall  be 
eligible  as  a  member  of  either  house  of  the  legislature,  who  shall  not 
be  entitled  to  the  right  of  suffrage. 

3.  Members  of  the  senate  and  general  assembly  shall  be  elected 
yearly  and  every  year,  on  the  first  Tuesday  after  the  first  Monday  in 


2602  New  Jersey— 1844 

November;  and  the  two  houses  shall  meet  separately  on  the  second 
Tuesday  in  January  next  after  the  said  day  of  election,  at  which  time 
of  meeting  the  legislative  year  shall  commence ;  but  the  time  of  hold- 
ing such  election -may  be  altered  by  the  legislature. 

SECTION   II 

1.  The  senate  shall  be  composed  of  one  senator  from  each  county  in 
the  State,  elected  by  the  legal  voters  of  the  counties,  respectively,*  for 
three  years. 

2.  As  soon  as  the  senate  shall  meet  after  the  first  election  to  be  held 
in  pursuance  of  this  constitution,  they  shall  be  divided  as  equally  as 
may  be  into  three  classes.  The  seats  of  the  senators  of  the  first  class 
shall  be  vacated  at  the  expiration  of  the  first  year ;  of  the  second  class 
at  the  expiration  of  the  second  year;  and  of  the  third  class  at  the 
expiration  of  the  third  year,  so  that  one  class  may  be  elected  every 
year;  and  if  vacancies  happen,  by  resignation  or  otherwise,  the  per- 
sons elected  to  supply  such  vacancies  shall  be  elected  for  the  unex- 
pired terms  only. 

SECTION    III 

1.  The  general  assembly  shall  be  composed  of  members  annually 
elected  by  the  legal  voters  of  the  counties,  respectively,  who  shall  be 
apportioned  among  the  said  counties  as  nearly  as  may  be  according  to 
the  number  of  their  inhabitants.  The  present  apportionment  shall 
continue  until  the  next  census  of  the  United  States  shall  have  been 
taken,  and  an  apportionment  of  members  of  the  general  assembly 
shall  be  made  by  the  legislature  at  its  first  session  after  the  next  and 
every  subsequent  enumeration  or  census,  and  when  made  shall  remain 
unaltered  until  another  enumeration  shall  have  been  taken;  provided, 
that  each  county  shall  at  all  times  be  entitled  to  one  member;  and 
the  whole  number  of  members  shall  never  exceed  sixty. 

SECTION    IV 

1.  Each  house  shall  direct  writs  of  election  for  supplying  vacancies, 
occasioned  by  death,  resignation,  or  otherwise ;  but  if  vacancies  occur 
during  the  recess  of  the  legislature,  the  writs  may  be  issued  by  the 
governor,  under  such  regulations  as  may  be  prescribed  by  law. 

2.  Each  house  shall  be  the  judge  of  the  elections,  returns  and  quali- 
fications of  its  own  members,  and  a  majority  of  each  shall  constitute 
a  quorum  to  do  business ;  but  a  smaller  number  may  adjourn  from  day 
to  day,  and  may  be  authorized  to  compel  the  attendance  of  absent 
members,  in  such  manner,  and  under  such  penalties,  as  each  house  may 
provide. 

eS.  Each  house  shall  choose  its  own  officers,  determine  the  rules  of 
its  proceedings,  punish  its  members  for  disorderly  behavior,  and,  Avith 
the  concurrence  of  two-thirds,  may  expel  a  member. 

4.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  from 
time  to  time  publish  the  same;  and  the  yeas  and  nays  of  the  mem- 
bers of  either  house  on  any  question  shall,  at  the  desire  of  one-fifth  of 
those  present,  be  entered  on  the  journal. 

5.  Neither  house,  during  the  session  of  the  legislature,  shall,  with- 
out the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  place  than  that  in  which  the  two  houses  shall  be  sitting. 


New  Jersey— 18U  2603 

6.  All  bills"  and  joint  resolutions  shall  be  read  three  times  in  each 
house,  before  the  final  passage  thereof;  and  no  bill  or  joint  resolution 
shall  pass  unless  there  be  a  majority  of  all  the  members  of  each  body 
personally  present  and  agreeing  thereto ;  and  the  yeas  and  nays  of  the 
members  voting  on  such  final  passage  shall  be  entered  on  the  journal. 

7.  Members  of  the  senate  and  general  assembly  shall  receive  annu- 
ally the  sum  of  five  hundred  dollars  during  the  time  for  which  they 
shall  have  been  elected  and  while  they  shall  hold  their  office,  and  no 
other  allowance  or  emolument,  directly  or  indirectly,  for  any  pur- 
pose whatever.  The  president  of  the  senate  and  the  speaker  of  the 
house  of  assembly  shall,  in  virtue  of  their  offices,  receive  an  addi- 
tional compensation,  equal  to  one-third  of  their  allowance  as  members. 

8.  Members  of  the  senate  and  general  assembly  shall,  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  sitting  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same;  and  for  any 
speech  or  debate,  in  either  house,  they  shall  not  be  questioned  in  any 
other  place. 

SECTION   V 

1.  Xo  member  of  the  senate  or  general  assembly  shall,  during  the 
time  for  which  he  was  elected,  be  nominated  or  appointed  by  the 
governor,  or  by  the  legislature  in  joint  meeting,  to  any  civil  office 
under  the  authority  of  this  State  which  shall  have  been  created,  or 
the  emoluments  whereof  shall  have  been  increased,  during  such  time. 

2.  If  any  member  of  the  senate  or  general  assembly  shall  be  elected 
to  represent  this  State  in  the  senate  or  house  of  representatives  of 
the  United  States,  and  shall  accept  thereof,  or  shall  accept  of  any 
office  or  apj)ointment  under  the  government  of  the  United  States,  his 
seat  in  the  legislature  of  this  State  shall  thereby  be  vacated. 

8.  No  justice  of  the  supreme  court,  nor  judge  of  any  other  court, 
sheriff,  justice  of  the  peace  nor  any  person  or  persons  possessed  of  any 
office  of  profit  under  the  government  of  this  State,  shall  be  entitled  to 
a  seat  either  in  the  senate  or  in  the  general  assembly;  but,  on  being 
elected  and  taking  his  seat,  his  office  shall  be  considered  vacant ;  and 
no  person  holding  any  office  of  profit  under  the  government  of  the 
United  States  shall  be  entitled  to  a  seat  in  either  house. 

SECTION    VI 

1.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
assembly ;  but  the  senate  may  propose  or  concur  with  amendments,  as 
on  other  bills. 

2.  No  money  shall  be  drawn  from  the  treasury  but  for  appropria- 
tions made  by  law. 

3.  The  credit  of  the  State  shall  not  be  directly  or  indirectly  loaned 
in  any  case. 

4.  The  legislature  shall  not,  in  any  manner,  create  any  debt  or 
debts,  liability  or  liabilities,  of  the  State  which  shall,  singly  or  in  the 
aggregate  with  any  previous  debts  or  liabilities,  at  any  time  exceed 
one  hundred  thousand  dollars,  except  for  purposes  of  war,  or  to  repel 
invasion,  or  to  suppress  insurrection,  unless  the  same  shall  be  author- 
ized by  a  law  for  some  single  object  or  work,  to  be  distinctly  specified 
therein;  which  law  shall  provide  the  ways  and  means,  exclusive  of 


2604  New  Jersey— 1844 

loans,  to  pay  the  interest  of  such  debt  or  liability  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  of  such  debt  or  liability 
within  thirty-five  years  from  the  time  of  the  contracting  thereof,  and 
shall  be  irrepealable  until  such  debt  or  liability,  and  the  interest 
thereon,  are  fully  paid  and  discharged;  and  no  such  law  shall  take 
effect  until  it  shall,  at  a  general  election,  have  been  submitted  to  the 
people,  and  have  received  the  sanction  of  a  majority  of  all  the  votes 
cast  for  and  against  it  at  such  election;  and  all  money  to  be  raised 
by  the  authority  of  such  law  shall  be  applied  only  to  the  specific 
object  stated  therein,  and  to  the  payment  of  the  debt  thereby  created. 
This  section  shall  not  be  construed  to  refer  to  any  money  that  has 
been,  or  may  be,  deposited  with  this  State  by  the  government  of  the 
United  States. 

SECTION    VII 

1.  No  divorce  shall  be  granted  by  the  legislature. 

2.  No  lottery  shall  be  authorized  by  the  legislature  or  otherwise 
in  this  State,  and  no  ticket  in  any  lottery  shall  be  bought  or  sold 
within  this  State,  nor  shall  pool-selling,  book-making  or  gambling  of 
any  kind  be  authorized  or  allowed  within  this  State,  nor  shall  any 
gambling  device,  practice  or  game  of  chance  now  prohibited  by  law 
be  legalized,  or  the  remedy,  penalty  or  punishment  now  provided 
therefor  be  in  any  way  diminished. 

3.  The  legislature  shall  not  pass  any  bill  of  attainder,  ex  po.st  facto 
law,  or  law^  impairing  the  obligation  of  contracts,  or  depriving  a 
party  of  any  remedy  for  enforcing  a  contract  Avhich  existed  when  the 
contract  was  made. 

4.  To  avoid  improper  influences  which  may  result  from  intermixing 
in  one  and  the  same  act  such  things  as  have  no  proper  relation  to  each 
other,  every  law  shall  embrace  but  one  object,  and  that  shall  be 
expressed  in  the  title.  No  law  shall  be  revived  or  amended  by  refer- 
ence to  its  title  only;  but  the  act  revived,  or  the  section  or  sections 
amended,  shall  be  inserted  at  length.  No  general  law  shall  embrace 
any  provision  of  a  private,  special  or  local  character.  No  act  shall 
be  passed  which  shall  provide  that  any  existing  law,  or  any  part 
thereof,  shall  be  made  or  deemed  a  part  of  the  act,  or  which  shall 
enact  that  any  existing  law,  or  any  part  thereof,  shall  be  applicable, 
except  by  inserting  it  m  such  act. 

5.  The  laws  of  this  State  shall  begin  in  the  following  style :  "  Be  it 
enacted  by  the  Senate  and  General  Assembly  of  the  State  of  New 
Jersey." 

6.  The  fund  for  the  support  of  free  schools,  and  all  money,  stock 
and  other  property  which  may  hereafter  be  appropriated  for  that 
purpose,  or  received  into  the  treasury  under  the  provision  of  any  law 
heretofore  passed  to  augment  the  said  fund,  shall  be  securely  invested 
and  remain  a  perpetual  fund;  and  the  income  thereof,  except  so 
much  as  it  may  be  judged  expedient  to  apply  to  an  increase  of  the 
capital,  shall  be  annually  appropriated  to  the  support  of  public  free 
schools,  for  the  equal  benefit  of  all  the  people  of  the  State;  and  it 
shall  not  be  competent  for  the  legislature  to  borrow,  appropriate  or 
use  the  said  fund,  or  any  part  thereof,  for  any  other  purpose,  under 
any  pretense  whatever.  The  legislature  shall  provide  for  the  main- 
tenance and  support  of  a  thorough  and  efficient  system  of  free  public 
schools  for  the  instruction  of  all  the  children  in  this  State  between 
the  ages  of  five  and  eighteen  years. 


New  Jersey— 1844  2605 

7.  No  private  or  special  law  shall  be  passed  authorizing  the  sale  of 
any  lands  belonging  in  whole  or  in  part  to  a  minor  or  minors,  or  other 
persons  who  may  at  the  time  be  under  any  legal  disability  to  act  for 
themselves. 

8.  Individuals  or  private  corporations  shall  not  be  authorized  to 
take  private  property  for  public  use,  without  just  compensation  first 
made  to  the  owners. 

9.  No  private,  special  or  local  bill  shall  be  passed  unless  public 
notice  of  the  intention  to  apply  therefor,  and  of  the  general  object 
thereof,  shall  have  been  previously  given.  The  legislature,  at  the 
next  session  after  the  adoption  hereof,  and  from  time  to  time  there- 
after, shall  prescribe  the  time  and  mode  of  giving  such  notice,  the 
evidence  thereof,  and  how  such  evidence  shall  be  preserved. 

10.  The  legislature  may  vest  in  the  circuit  courts,  or  courts  of  com- 
mon pleas  within  the  several  counties  of  this  State,  chancery  powers, 
so  far  as  relates  to  the  foreclosure  of  mortgages  and  sale  of  mort- 
gaged premises. 

11.  The  legislature  shall  not  pass  private,  local  or  special  laws  in 
any  of  the  following  enumerated  cases ;   that  is  to  say : 

Laying  out,  opening,  altering  and  working  roads  or  highways. 

Vacating  any  road,  town  plot,  street,  alley  or  public  grounds. 

Regulating  the  internal  affairs  of  towns  and  counties;  appointing 
local  offices  or  commissions  to  regulate  municipal  affairs. 

Selecting,  drawing,  summoning  or  empaneling  grand  or  petit 
jurors. 

Creating,  increasing  or  decreasing  the  percentage  or  allowance  of 
public  officers  during  the  term  for  which  said  officers  were  elected  or 
appointed. 

Changing  the  law  of  descent. 

(iranting  to  any  corporation,  association  or  individual  any  exclu- 
sive privilege,  immunity  or  franchise  whatever. 

Granting  to  any  corporation,  association  or  individual  the  right  to 
lay  down  railroad  tracks. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Providing  for  the  management  and  support  of  free  public  schools. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  pariigi^iph,  and  for  all  other  cases  which,  in  its 
judgment,  may  be  provided  for  by  general  laws.  The  legislature 
shall  pass  no  special  act  conferring  corporate  powers,  but  they  shall 
pass  general  laws  under  which  corporations  may  be  organized  and 
corporate  powers  of  every  nature  obtained,  subject,  nevertheless,  to 
repeal  or  alteration  at  the  will  of  the  legislature. 

12.  Property  shall  be  assessed  for  taxes  under  general  laws,  and  by 
uniform  rules,  according  to  its  true  value. 

SECTION  VIII 

1.  Members  of  the  legislature  shall,  before  they  enter  on  the  dutias 
of  the  their  respective  offices,  take  and  subscribe  the  following  oath 
or  affirmation : 

"  I  do  solemnl}^  swear  [or  affirm,  as  the  case  may  be],  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution  of 
the  State  of  New  Jersey,  and  that  I  will  faithfully  discharge  the 
duties  of  senator  [or  member  of  the  general  assembly,  as  the  case  may 
be],  according  to  the  best  of  my  ability." 


2606  New  Jersey— 18U 

And  members-elect  of  the  senate  or  general  assembly  are  hereb}^ 
empowered  to  administer  to  each  other  the  said  oath  or  affirmation. 

2.  Every  officer  of  the  legislature  shall,  before  he  enters  upon  his 
duties,  take  and  subscribe  the  following  oath  or  affirmation :  "  I  do 
solemnly  promise  and  swear  [or  affirm]  that  I  will  faithfully,  impar- 
tially and  justly  perform  all  the  duties  of  the  office  of  ,  to 

the  best  of  my  ability  and  understanding;  that  I  will  carefully  pre- 
serve all  records,  papers,  writings  or  property  intrusted  to  me  for 
safe-keeping  by  virtue  of  my  office,  and  make  such  disposition  of  the 
same  as  may  be  required  by  law." 

Article  V 

EXECUTIVE 

1.  The  executive  power  shall  be  vested  in  a  governor. 

2.  The  governor  shall  be  elected  by  the  legal  voters  of  this  State. 
The  person  having  the  highest  number  of  votes  shall  be  the  governor ; 
but  if  two  or  more  shall  be  equal  and  highest  in  votes,  one  of  them 
shall  be  chosen  governor  by  the  vote  of  a  majority  of  the  members  of 
both  houses  in  joint  meeting.  Contested  elections  for  the  office  of 
governor  shall  be  determined  in  such  manner  as  the  legislature  shall 
direct  by  laAv.  AVhen  a  governor  is  to  be  elected  by  the  people,  such 
election  shall  be  held  at  the  time  when  and  at  the  places  where  the 
people  shall  respectively  vote  for  members  of  the  legislature. 

3.  The  governor  shall  hold  his  office  for  three  years,  to  commence 
on  the  third  Tuesday  of  January  next  ensuing  the  election  for  gov- 
ernor by  the  people,  and  to  end  on  the  Monday  preceding  the  third 
Tuesday  of  January,  three  years  thereafter;  and  he  shall  be  incapable 
of  holding  that  office  for  three  years  next  after  his  term  of  service 
shall  have  expired ;  and  no  appointment  or  nomination  to  office  shall 
be  made  by  the  governor  during  the  last  week  of  his  said  term. 

4.  The  governor  shall  be  not  less  than  thirty  years  of  age,  and 
shall  have  been  for  twenty  years,  at  least,  a  citizen  of  the  United 
States,  and  a  resident  of  this  State  seven  years  next  before  his  elec- 
tion, unless  he  shall  have  been  absent  during  that  time  on  the  public 
business  of  the  United  States  or  of  this  State. 

5.  The  governor  shall,  at  stated  times,  receive  for  his  services  a 
compensation  Avhich  shall  be  neither  increased  nor  diminished  dui'ing 
the  period  for  which  he  shall  have  been  elected. 

6.  He  shall  be  the  commander-in-chief  of  all  the  military  and  naval 
forces  of  the  State ;  he  shall  have  power  to  convene  the  legislature,  or 
the  senate  alone,  whenever  in  his  opinion  public  necessity  requires  it; 
he  shall  communicate  by  message  to  the  legislature  at  the  opening  of 
each  session,  and  at  such  other  times  as  he  may  deem  necessary,  the 
condition  of  the  State,  and  recommend  such  measures  as  he  may 
deem  expedient;  he  shall  take  care  that  the  laws  be  faithfully  exe- 
cuted, and  grant,  under  the  great  seal  of  the  State,  commissions  to  all 
such  officers  as  shall  be  required  to  be  commissioned 

7.  Every  bill  which  shall  have  passed  both  houses  shall  be  pre- 
sented to  the  governor;  if  he  approve  he  shall  sign  it,  but  if  not,  he 
shall  return  it,  with  his  objections,  to  the  house  in  which  it  shall  have 
originated,  who  shall  enter  the  objections  at  large  on  their  journal, 
and  proceed  to  reconsider  it;  if,  after  such  reconsideration,  a  majority 


New  Jersey— 1844  2607 

of  the  whole  number  of  that  house  shall  agree  to  pass  the  bill,  it  shall 
be  sent,  together  with  the  objections,  to  the  other  house,  by  which  it 
shall  likewise  be  reconsidered,  and  if  approved  of  by  a  majority  of  the 
whole  number  of  that  house,  it  shall  become  a  law;  but  in  neither 
house  shall  the  vote  be  taken  on  the  same  day  on  which  the  bill  shall 
be  returned  to  it ;  and  in  all  such  cases,  the  votes  of  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor, 
within  five  days  (Sunday  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature  by  their  adjournment  prevent  its 
return,  in  which  case  it  shall  not  be  a  law.  If  any  bill  presented  to 
the  governor  contain  several  items  of  appropriations  of  money,  he 
may  object  to  one  or  more  of  such  items  while  approving  of  the  other 
portions  of  the  bill.  In  such  case  he  shall  append  to  the  bill,  at  the 
time  of  signing  it,  a  statement  of  the  items  to  which  he  objects,  and  the 
appropriation  so  objected  to  shall  not  take  effect.  If  the  legislature 
be  in  session  he  shall  transmit  to  the  house  in  which  the  bill  orig- 
inated, a  copy  of  such  statement,  and  the  items  objected  to  shall  be 
separately  reconsidered.  If,  on  reconsideration,  one  or  more  of  such 
items  be  approved  by  a  majority  of  the  members  elected  to  each  house, 
the  same  shall  be  a  part  of  the  law,  notwithstanding  the  objections 
of  the  governor.  All  the  provisions  of  this  section  in  relation  to  bills 
not  approved  by  the  governor  shall  apply  to  cases  in  which  he  shall 
withhold  his  approval  from  any  item  or  items  contained  in  a  bill 
appropriating  money. 

8.  No  member  of  congress,  or  person  holding  an  office  under  the 
United  States,  or  this  State,  shall  exercise  the  office  of  governor ;  and 
in  case  the  governor,  or  person  administering  the  government,  shall 
accept  any  office  under  the  United  States  or  this  State,  his  office  of 
governor  shall  thereupon  be  vacant.  Nor  shall  he  be  elected  by  the 
legislature  to  any  office  under  the  government  of  this  State  or  of  the 
United  States,  during  the  term  for  which  he  shall  have  been  elected 
governor. 

0.  The  governor,  or  person  administering  the  government,  shall 
have  power  to  suspend  the  collection  of  fines  and  forfeitures,  and  to 
grant  reprieves,  to  extend  until  the  expiration  of  a  time  not  exceed- 
ing ninety  days  after  conviction;  but  this  power  shall  not  extend  to 
cases  of  impeachment. 

10.  The  governor,  or  person  administering  the  government,  the 
chancellor,  and  the  six  judges  of  the  court  of  errors  and  appeals,  or 
a  major  part  of  them,  of  whom  the  governor,  or  person  administering 
the  government,  shall  be  one,  may  remit  fines  and  forfeitures,  and 
grant  pardons,  after  conviction,  in  all  cases  except  impeachment. 

11.  The  governor  and  all  other  civil  officers  under  this  State  shall 
be  liable  to  impeachment  for  misdemeanor  in  office  during  their  cbn- 
tinuance  in  office,  and  for  two  years  thereafter. 

12.  In  case  of  the  death,  resignation  or  removal  from  office  of  the 
governor,  the  powers,  duties  and  emoluments  of  the  office  shall  de- 
volve upon  the  president  of  the  senate,  and  in  case  of  his  death,  resig- 
nation or  removal,  then  upon  the  speaker  of  the  house  of  assembly,  for 
the  time  being,  until  another  governor  shall  be  elected  and  qualified ; 
but  in  such  case  another  governor  shall  be  chosen  at  the  next  election 


2608  New  Jersey— 1844 

for  members  of  the  legislature,  unless  such  death,  resignation  or  re- 
moval shall  occur  within  thirty  days  immediately  preceding  such 
next  election,  in  which  case  a  governor  shall  be  chosen  at  the  second 
succeeding  election  for  members  of  the  legislature.  When  a  vacancy 
happens,  during  the  recess  of  the  legislature,  in  any  office  Avhich  is  to 
be  filled  by  the  governor- and  senate,  or  by  the  legislature  in  joint 
meeting,  the  governor  shall  fill  such  vacancy  and  the  commission  shall 
expire  at  the  end  of  the  next  session  of  the  legislature,  unless  a  succes- 
sor shall  be  sooner  appointed;  when  a  vacancy  happens  in  the  office 
of  clerk  or  surrogate  of  any  county,  the  governor  shall  fill  such 
vacancy,  and  the  commission  shall  expire  when  a  successor  is  elected 
and  qualified.  No  person  who  shall  have  been  nominated  to  the  senate 
by  the  governor  for  any  office  of  trust  or  profit  imder  the  government 
of  this  State,  and  shall  not  have  been  confirmed  before  the  recess  of 
the  legislature,  shall  be  eligible  for  appointment  to  such  office  during 
the  continuance  of  such  recess. 

13.  In  case  of  the  impeachment  of  the  governor,  his  absence  from 
the  State  or  inability  to  discharge  the  duties  of  his  office,  the  powers, 
duties  and  emoluments  of  the  office  shall  devolve  upon  the  coresident 
of  the  senate ;  and  in  case  of  his  death,  resignation  or  removal,  then 
upon  the  speaker  of  the  house  of  assembly  for  the  time  being  until 
the  governor,  absent  or  impeached,  shall  return  or  be  acquitted,  or 
until  the  disqualification  or  inability  shall  cease,  or  until  a  new  gov- 
ernor be  elected  and  qualified. 

14.  In  case  of  a  vacancy  in  the  office  of  governor  from  any  other 
cause  than  those  herein  enumerated,  or  in  case  of  the  death  of  the  gov- 
ernor-elect before  he  is  qualified  into  office,  the  powers,  duties  and 
emoluments  of  the  office  shall  devolve  upon  the  president  of  the  senate 
or  speaker  of  the  house  of  assembh^,  as  above  provided  for,  until  a 
new  governor  be  elected  and  qualified. 

Article  VI 

JUDICIARY 

SECTION  I 

1.  The  judicial  power  shall  be  vested  in  a  court  of  errors  and  ap- 
peals in  the  last  resort  in  all  causes  as  heretofore ;  a  court  for  the  trial 
of  impeachments;  a  court  of  chancery;  a  prerogative  court;  a  su- 
preme court ;  circuit  courts,  and  such  inferior  courts  as  now  exist,  and 
as  may  be  hereafter  ordained  and  established  by  law ;  which  inferior 
courts  the  legislature  may  alter  or  abolish,  as  the  public  good  shall 
require. 

SECTION   II 

1.  The  court  of  errors  and  appeals  shall  consist  of  the  chancellor, 
the  justices  of  the  supreme  court,  and  six  judges,  or  a  major  part  of 
them;  which  judges  are  to  be  appointed  for  six  years. 

2.  Imemdiately  after  the  court  shall  first  assemble,  the  six  judges 
shall  arrange  themselves  in  such  manner  that  the  seat  of  one  of  them 
shall  be  A^acated  every  year,  in  order  that  thereafter  one  judge  may  be 
annually  appointed. 


New  Jersey— 1844  2609 

3.  Such  of  the  six  judges  as  shall  attend  the  court  shall  receive, 
respectively,  a  per  diem  compensation,  to  be  provided  by  law. 

4.  The  secretary  of  state  shall  be  the  clerk  of  this  court. 

5.  AVTien  an  appeal  from  an  order  or  decree  shall  be  heard,  the 
chancellor  shall  inform  the  court,  in  writing,  of  the  reasons  for  his 
order  or  decree ;  but  he  shall  not  sit  as  a  member,  or  have  a  voice  in 
the  hearing  or  final  sentence. 

6.  When  a  writ  of  error  shall  be  brought,  no  justice  who  has  given 
a  judicial  opinion  in  the  cause  in  favor  of  or  against  any  error  com- 
plained of,  shall  sit  as  a  member,  or  have  a  voice  on  the  hearing,  or 
for  its  affirmance  or  reversal ;  but  the  reasons  for  such  opinion  shall 
be  assigned  to  the  court  in  writing. 

SECTION    III 

1.  The  house  of  assembly  shall  have  the  sole  power  of  impeaching, 
by  a  vote  of  a  majority  of  all  the  members;  and  all  impeachments 
shall  be  tried  by  the  senate ;  the  members,  when  sitting  for  that  pur- 
pose, to  be  on  oath  or  affirmation  "  truly  and  impartially  to  try  and 
determine  the  charge  in  question  according  to  evidence ;  "  and  no 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
all  the  members  of  the  senate. 

2.  Any  judicial  officer  impeached  shall  be  suspended  from  exer- 
cising his  office  until  his  acquittal. 

3.  Judgment  in  cases  of  impeachment  shall  not  extend  farther  than 
to  removal  from  office,  and  to  disqualification  to  hold  and  enjoy  any 
office  of  honor,  profit  or  trust  under  this  State;  but  the  party  con- 
victed shall,  nevertheless,  be  liable  to  indictment,  trial  and  punish- 
ment according  to  law. 

4.  The  secretary  of  state  shall  be  the  clerk  of  this  court. 

SECTION    IV 

m 

1.  The  court  of  chancery  shall  consist  of  a  chancellor. 

2.  The  chanciellor  shall  be  the  ordinary  or  surrogate  general,  and 
judges  of  the  prerogative  court. 

3.  All  persons  aggrieved  by  any  order,  sentence  or  decree  of  the 
orphans'  court,  may  appeal  from  the  same,  or  from  any  part  thereof, 
to  the  prerogative  court;  but  such  order,  sentence  or  decree  shall  not 
be  removed  into  the  supreme  court,  or  circuit  court  if  the  subject- 
matter  thereof  be  within  the  jurisdiction  of  the  orphans'  court. 

4.  The  secretary  of  state  shall  be  the  register  of  the  prerogative 
court,  and  shall  perform  the  duties  required  of  him  by  law  in  that 
respect. 

SECTION   V 

1.  The  supreme  court  shall  consist  of  a  chief  justice  and  four 
associate  justices.  The  number  of  associate  justices  may  be  in- 
creased or  decreased  by  law,  but  shall  never  be  less  than  two. 

2.  The  circuit  courts  shall  be  held  in  every  county  of  this  State, 
by  one  or  more  of  the  justices  of  the  supreme  court,  or  a  judge  ap- 
pointed for  that  purpose,  and  ^all,  in  all  cases  within  the  county 
except  in  those  of  criminal  nature,  have  common  law  jurisdiction, 
concurrent  with  the  supreme  court;  and  any  final  judgment  of  a 


i 


2610  New  Jersey— 1844 

circuit  court  may  be  docketed  in  the  supreme  court,  and  shall  operate 
as  a  judgment  obtained  in  the  supreme  court  from  the  time  of  such 
docketing. 

3.  Final  judgments  in  any  circuit  court  may  be  brought  by  writ 
of  error  into  the  supreme  court,  or  directly  into  the  court  of  errors 
and  appeals. 

SECTION  VI 

1.  There  shall  be  no  more  than  five  judges  of  the  inferior  court  of 
common  pleas  in  each  of  the  counties  in  this  State,  after  the  terms 
of  the  judges  of  said  court  now  in  office  shall  terminate.  One  judge 
for  each  county  shall  be  appointed  every  year,  and  no  more,  except 
to  fill  vacancies,  which  shall  be  for  the  unexpired  term  only. 

2.  The  commissions  for  the  first  appointments  of  judges  of  said 
court  shall  bear  date  and  take  effect  on  the  first  day  of  April  next; 
and  all  subsequent  commissions  for  judges  of  said  court  shall  bear 
date  and  take  effect  on  the  first  day  of  April  in  every  successive  year, 
except  commissions  to  fill  vacancies,  which  shall  bear  date  and  take 
effect  when  issued. 

SECTION    VII 

1.  There  may  be  elected  under  this  constitution  tw^o,  and  not  more 
than  five,  justices  of  the  peace  in  each  of  the  townships  of  the  several 
counties  of  this  State,  and  in  each  of  the  wards,  in  cities  that  may  vote 
in  wards.  When  a  township  or  w^ard  contains  two  thousand  inhabit- 
ants or  less,  it  may  have  two  justices;  when  it  contains  more  than 
two  thousand  inhabitants,  and  not  more  than  four  thousand,  it  may 
have  four  justices;  and  when  it  contains  more  than  four  thousand 
inhabitants,  it  may  have  five  justices;  provided,  that  wheneA^er  any 
township  not  voting  in  wards  contains  more  than  seven  thousand 
inhabitants,  such  township  may  have  an  additional  justice  for  each 
additional  three  thousand  inhabitants  above  four  thousand. 

2.  The  population  of  the  townships  in  the  several  counties  of  the 
State  and  of  the  several  wards  shall  be  ascertained  by  the  last  pre- 
ceding census  of  the  United  States,  until  the  legislature  shall  provide, 
by  law,  some  other  mode  of  ascertaining  it. 

Article  VII 

APPOINTING   POWER   AND   TENURE   OF   OFFICE 
SECTION    I. MILITIA    Ol-TICERS 

1.  The  legislature  shall  provide  *by  law  for  enrolling,'  organizing 
and  arming  the  militia. 

2.  Captains,  subalterns  and  non-commissioned  officers  shall  be 
elected  by  the  members  of  their  respective  companies. 

3.  Field  officers  of  regiments,  independent  battalions  and  squadrons 
shall  be  elected  by  the  commissioned  officers  of  their  respective  regi- 
ments, battalions,  or  squadrons. 

4.  Brigadier-generals  shall  be  elected  by  the  field  officers  of  their 
respective  brigades. 

5.  Major-generals,  the  adjutant-general  and  quartermaster-gen- 
eral shall  be  nominated  by  the  governor,  and  appointed  by  him,  with 
the  advice  and  consent  of  the  senate. 


New  Jersey— 18U  2611 

6.  The  legislature  shall  provide,  by  law,  the  time  and  manner  of 
electing  militia  officers,  and  of  certifying  their  elections  to  the  gov- 
ernor, who  shall  grant  their  commissions,  and  determine  their  rank, 
when  not  determined  by  law ;  and  no  commissioned  officer  shall  be  re- 
moved from  office  but  by  the  sentence  of  a  court-martial,  pursuant  to 
law. 

7.  In  case  the  electors  of  subalterns,  captains  or  field  officers  shall 
refuse  or  neglect  to  make  such  elections,  the  governor  shall  have 
power  to  appoint  such  officers,  and  to  fill  all  vacancies  caused  by  such 
refusal  or  neglect. 

8.  Brigade  inspectors  shall  be  chosen  by  the  field  officers  of  their 
respective  brigades. 

9.  The  governor  shall  appoint  all  militia  officers  whose  appoint- 
ment is  not  otherwise  provided  for  in  this  constitution. 

10.  Major-generals,  brigadier-generals  and  commanding  officers  of 
regiments,  independent  battalions  and  squadrons  shall  appoint  the 
staff  officers  of  their  divisions,  brigades,  regiments,  independent  bat- 
talions and  squadrons,  respectively. 

SECTION    II. CIVIL    OFFICERS 

1.  Justices  of  the  supreme  court,  chancellor,  judges  of  the  court  of 
errors  and  appeals  and  judges  of  the  inferior  court  of  common  pleas 
shall  be  nominated  by  the  governor,  and  appointed  by  him,  with  the 
advice  and  consent  of  the  senate. 

The  justices  of  the  supreme  court  and  chancellor  shall  hold  their 
offices  for  the  term  of  seven  years;  shall,  at  stated  times,  receive  for 
their  services  a  compensation  which  shall  not  be  diminished  during 
the  term  of  their  appointments;  and  they  shall  hold  no  other  office 
under  the  government  of  this  State  or  of  the  United  States. 

2.  Judges  of  the  courts  of  common  pleas  shall  be  appointed  by  the 
senate  and  general  assembly,  in  joint  meeting. 

They  shall  hold  their  offices  for  five  years;  but  when  appointed  to 
fill  vacancies,  they  shall  hold  for  the  unexpired  term  only. 

3.  The  state  treasurer  and  comptroller  shall  be  appointed  by  the 
senate  and  general  assembly,  in  joint  meeting. 

They  shall  hold  their  offices  for  three  years,  and  until  their  sue-, 
cessors  shall  be  qualified  into  office. 

4.  The  attorney-general,  prosecutors  of  the  pleas,  clerk  of  the 
supreme  court,  clerk  of  the  court  of  chancery,  secretary  of  state  and 
the  keeper  of  the  state  prison  shall  be  nominated  by  the  governor, 
and  appointed  by  him,  with  the  advice  and  consent  of  the  senate. 

They  shall  hold  their  offices  for  five  years. 

5.  The  law  reporter  shall  be  appointed  by  the  justices  of  the  su- 
preme court,  or  a  majority  of  them;  and  the  chancery  reporter  shall 
be  appointed  by  the  chancellor. 

They  shall  hold  their  offices  for  five  years. 

6.  Clerks  and  surrogates  of  counties  shall  be  elected  by  the  people 
of  their  respective  counties,  at  the  annual  elections  for  members  of 
the  general  assembly. 

They  shall  hold  their  offices  for  five  years. 

7.  Sheriffs  and  coroners  shall  be  elected  by  the  people  of  their  re- 
spective counties,  at  the  elections  for  members  of  the  general  as- 
sembly, and  they  shall  hold  their  offices  for  three  years,  after  which 

7254— VOL  5—09 6 


2612  New  Jersey— 1844 

three  years  must  elapse  before  they  can  be  again  capable  of  serving. 
Sheriffs  shall  annually  renew  their  bonds. 

8.  Justices  of  the  peace  shall  be  elected  by  ballot  at  the  annual 
meetings  of  the  townships  in  the  several  counties  of  the  State,  and  of 
the  wards  in  cities  that  may  vote  in  wards,  in  such  manner  and  under 
such  regulations  as  may  be  hereafter  provided  by  law. 

They  shall  be  commissioned  for  the  county,  and  their  commissions 
shall  bear  date  and  take  effect  on  the  first  day  of  May  next  after  their 
election. 

They  shall  hold  their  offices  for  five  years ;  but  when  elected  to  fill 
vacancies,  they  shall  hold  for  the  unexpired  term  only;  pi'ovided^ 
that  the  commission  of  any  justice  of  the  peace  shall  become  vacant 
upon  his  ceasing  to  reside  in  the  township  in  which  he  was  elected. 

The  first  election  for  justices  of  the  peace  shall  take  place  at  the 
next  annual  town-meetings  of  the  townships  in  the  several  counties 
of  the  State  and  of  the  wards  in  cities  that  may  vote  in  wards. 

9.  All  other  officers,  whose  appointments  are  not  otherwise  pro- 
vided for  by  law,  shall  be  nominated  by  the  governor,  and  appointed 
by  him,  with  the  advice  and  consent  of  the  senate;  and  shall  hold 
their  offices  for  the  time  prescribed  by  law. 

10.  All  civil  officers  elected  or  appointed  pursuant  to  the  provisions 
of  this  constitution,  shall  be  commissioned  by  the  governor. 

11.  The  term  of  office  of  all  officers  elected  or  appointed,  pursuant 
to  the  provisions  of  this  constitution,  except  when  herein  otherwise 
directed,  shall  commence  on  the  day  of  the  date  of  their  respective 
commissions;  but  no  commission  for  any  office  shall  bear  date  prior 
to  the  expiration  of  the  term  of  the  incumbent  of  said  office. 

Article  VIII 

GENERAL  PROVISIONS 

1.  The  secretary  of  state  shall  be  ex  officio  an  auditor  of  the  ac- 
counts of  the  treasurer,  and  as  such,  it  shall  be  his  duty  to  assist  the 
legislature  in  the  annual  examination  and  settlement  of  said  accounts, 
until  otherwise  provided  by  law. 

2.  The  seal  of  the  State  shall  be  kept  by  the  governor,  or  person 
administering  the  government,  and  used  by  him  officially,  and  shall 
be  called  the  great  seal  of  the  State  of  New  Jersey. 

3.  All  grants  and  commissions  shall  be  in  the  name  and  by  the 
authority  of  the  State  of  New  Jersey,  sealed  with  the  great  seal, 
signed  by  the  governor,  or  person  administering  the  government,  and 
countersigned  by  the  secretary  of  state,  and  it  shall  run  thus :  "  The 

State  of  New  Jersey,  to ,  greeting."    All  writs  shall  be 

in  the  name  of  the  State;  and  all  indictments  shall  conclude  in  the 
following  manner,  viz.,  "  against  the  peace  of  this  State,  the  govern- 
ment and  dignity  of  the  same." 

4.  This  constitution  shall  take  effect  and  go  into  operation  on  the 
second  day  of  September,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-four. 


New  Jersey— 18U  2613 

Article  IX 

AMENDMENTS 

Any  specific  amendment  or  amendments  to  the  constitution  may  be 
proposed  in  the  senate  or  general  assembly,  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered 
on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  legislature  then  next  to  be  chosen,  and  shall  be  published  for 
three  months  previous  to  making  such  choice,  in  at  least  one  news- 
paper of  each  county,  if  any  be  published  therein ;  and  if  in  the  leg- 
islature next  chosen  as  aforesaid,  such  proposed  amendment  or  amend- 
ments, or  any  of  them,  shall  be  agreed  to  by  a  majority  of  all  the 
members  elected  to  each  house,  then  it  shall  be  the  duty  of  the  legisla- 
ture to  submit  such  proposed  amendment  or  amendments,  or  such  of 
them  as  may  have  been  agreed  to  as  aforesaid  by  the  two  legislatures, 
to  the  people,  in  such  manner  and  at  such  time,  at  least  four  months 
after  the  adjournment  of  the  legislature,  as  the  legislature  shall  pre- 
scribe ;  and  if  the  people  at  a  special  election  to  be  held  for  that  pur- 
pose only,  shall  approve  and  ratify  such  amendment  or  amendments, 
or  any  oi  them,  by  a  majority  of  the  electors  qualified  to  vote  for 
members  of  the  legislature  voting  thereon,  such  amendment  or  amend- 
ments so  approved  and  ratified  shall  become  part  of  the  constitution ; 
provided,  that  if  more  than  one  amendment  be  submitted,  they  shall 
be  submitted  in  such  manner  and  form  that  the  people  may  vote  for 
or  against  each  amendment  separately  and  distinctly ;  but  no  amend- 
ment or  amendments  shall  be  submitted  to  the  people  by  the  legisla- 
ture oftener  than  once  in  five  years. 

Article  X 

SCHEDULE 

That  no  inconvenience  may  arise  from  the  change  in  the  constitu- 
tion of  this  State,  and  in  order  to  carry  the  same  into  complete  opera- 
tion, it  is  hereby  declared  and  ordained,  that — 

1.  The  common  law  and  the  statute  laws  now  in  force,  not  repug- 
nant to  this  constitution,  shall  remain  in  force  until  they  expire  by 
their  own  limitation,  or  be  altered  or  repealed  by  the  legislature; 
and  all  writs,  actions,  causes  of  action,  prosecutions,  contracts,  claims 
and  rights  of  individuals  and  of  bodies  corporate,  and  of  the  State, 
and  all  charters  of  incorporation,  shall  continue,  and  all  indictments 
which  shall  have  been  found,  or  which  may  hereafter  be  found,  for 
any  crime  or  offense  committed  before  the  adoption  of  this  constitu- 
tion, may  be  proceeded  upon  as  if  no  change  had  taken  place.  The 
several  courts  of  law  and  equity,  except  as  herein  otherwise  provided, 
shall  continue  with  the  like  powers  and  jurisdiction  as  if  this  con- 
stitution had  not  been  adopted. 

2.  All  officers  now  filling  any  office  or  appointment  shall  continue 
in  the  exercise  of  the  duties  thereof,  according  to  their  respective 
commissions  or  appointments,  unless  by  this  constitution  it  is  other- 
wise directed. 


2614  New  Jersey— 18U 

3.  The  present  governor,  chancellor  and  ordinary  or  surrogate- 
general  and  treasurer  shall  continue  in  office  until  successors  elected  or 
appointed  under  this  constitution  shall  be  sworn  or  affirmed  into 
office. 

4.  In  case  of  the  death,  resignation  or  disability  of  the  present 
governor,  the  person  who  may  be  vice-president  of  council  at  the 
time  of  the  adoption  of  this  constitution  shall  continue  in  office  and 
administer  the  government  until  a  governor  shall  have  been  elected 
and  sworn  or  affirmed  into  office  under  this  constitution. 

5.  The  present  governor,  or  in  case  of  his  death  or  inability  to  act, 
the  vice-president  of  council,  together  with  the  present  members  of 
the  legislative  council  and  secretary  of  state,  shall  constitute  a  board 
of  state  canvassers,  in  the  manner  now  provided  by  law,  for  the  pur- 
pose of  ascertaining  and  declaring  the  result  of  the  next  ensuing 
election  for  governor,  members  of  the  house  of  representatives,  and 
electors  of  president  and  vice-president. 

6.  The  returns  of  the  votes  for  governor,  at  the  said  next  ensuing 
election,  shall  be  transmitted  to  the  secretary  of  state,  the  votes 
counted,  and  the  election  declared  in  the  manner  now  provided  by 
law  in  the  case  of  the  election  of  electors  of  president  and  vice- 
president. 

7.  The  election  of  clerks  and  surrogates,  in  those  counties  where 
the  term  of  office  of  the  present  incumbent  shall  expire  previous  to 
the  general  election  of  eighteen  hundred  and  forty-five,  shall  be  held 
at  the  general  election  next  ensuing  the  adoption  of  this  constitution ; 
the  result  of  which  election  shall  be  ascertained  in  the  manner  now 
provided  by  law  for  the  election  of  sheriffs. 

8.  The  elections  for  the  year  eighteen  hundred  and  forty-four  shall 
take  place  as  now  provided  by  law. 

9.  It  shall  be  the  duty  of  the  governor  to  fill  all  vacancies  in  office 
happening  between  the  adoption  of  this  constitution  and  the  first 
session  of  the  senate,  and  not  otherwise  provided  for,  and  the  com- 
missions shall  expire  at  the  end  of  the  first  session  of  the  senate,  or 
when  successors  shall  be  elected  or  appointed  and  qualified. 

10.  The  restriction  of  the  pay  of  members  of  the  legislature,  after 
forty  days  from  the  commencement  of  the  session,  shall  not  be  applied 
to  the  first  legislature  convened  under  this  constitution. 

11.  Clerks  of  counties  shall  be  clerks  of  the  inferior  courts  of  com- 
mon pleas  and  quarter  sessions  of  the  several  counties,  and  perform 
the  duties,  and  be  subject  to  the  regulations  now  required  of  them  by 
law  until  otherwise  ordained  by  the  legislature. 

12.  The  legislature  shall  pass  all  laws  necessary  to  carry  into  effect 
the  provisions  of  this  constitution. 

State  of  New  Jersey  : 

I,  George  Wurts,  Secretary  of  State  of  the  State  of  New  Jersey,  do 
hereby  certify  the  foregoing  to  be  a  true  copy  of  the  Constitution  of 
the  State  of  New  Jersey  as  amended,  as  the  same  is  taken  from  and 
compared  with  the  original  Constitution  and  amendments  thereto, 
now  remaining  on  file  in  my  office. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  affixed  my 
official  seal,  this  twenty-sixth  day  of  October,  A.  D.  eighteen  hundred 
and  ninety-seven. 

[l.  8.]  George  Wurts. 


NEW  MEXICO 


For  organic  acts  relating  to  the  land  now  included  within  New  Mexico  see 
in  this  work : 

Mexican  Constitution,  1824  (Texas,  p.  3475). 

Constitution  of  Coahuila  and  Texas,  1827    (Texas,  p.  3495). 

Constitution  of  Texas,  1835  (Texas,  p.  3520). 

Texas  Declaration  of  Independence,  1836  (Texas,  p.  3528). 

Ordinance  of  Texas,  1836  (Texas,  p.  3530). 

Convention  with  Texas,  1838  (Texas,  p.  3543). 

Annexation  of  Texas,  1845  (Texas,  p.  3544). 

Admission  of  Texas,  1845  (Texas,  p.  3546). 

Mexican  Treaty  of  Cession,  1853  (Arizona,  p.  255). 


TERRITORIAL  GOVERNMENT  OF  NEW  MEXICO— 1850  « 

[Thibty-first  Congeess,  First  Session] 

An  Act  proposing  to  the  State  of  Texas  the  Establishment  of  her  Northern  and 
Western  Boundaries,  the  Relinquishment  by  the  said  State  of  all  Territory 
claimed  by  her  exterior  to  said  Boundaries,  and  of  all  her  Claims  upon  the 
United  States,  and  to  establish  a  territorial  Government  for  New  Mexico. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  follow- 
ing propositions  shall  be,  and  the  same  hereby  are,  offered  to  the  State 
of  Texas,  which,  when  agreed  to  by  the  said  State,  in  an  act  passed 
by  the  general  assembly,  shall  be  binding  and  obligatory  upon  the 
United  States,  and  upon  the  said  State  of  Texas:  Provided^  The  said 
agreement  by  the  said  general  assembly  shall  be  given  on  or  before 
the  first  day  of  December,  eighteen  hundred  and  fifty : 

0  For  other  statutes  of  an  organic  nature  relating  to  New  Mexico,  see  to  pro- 
vide for  extra  sessions  of  legislature,  March  3,  1853;  to  extend  southern 
boundary,  August  4,  1854 ;  to  prohibit  slavery  in,  June  19,  1862 ;  to  regulate 
elective  franchise  in,  January  25,  1867 ;  to  prohibit  special  acts  of  incorporation, 
March  2,  1867 ;  to  abolish  and  forever  prohibit  the  system  of  peonage  in,  March 
2,  1867;  to  make  valid  certain  laws  of,  March  26,  1867;  to  give  qualified  veto 
power  to  governor  and  to  extend  the  duties  of  the  secretary  of  the  Territory, 
July  27,  1868 ;  to  repeal  law  taxing  cattle,  April  10,  1869 ;  to  amend  a  Territorial 
law.  July  14,  1870 ;  to  convene  legislative  assembly,  April  20,  1871 ;  to  limit  the 
duration  of  legislative  sessions  and  to  fix  pay  of  members,  January  23,  1873 ;  to 
repeal  law  of  Territory  incorporating  the  Jesuit  Fathers,  February  3,  1879 ;  to 
fix  number  of  members  and  compensation  of  each  house  of  legislature,  June  19, 
1878,  June  27,  1879 ;  to  legalize  an  election  and  to  reapportion  members  of  legis- 
lature, December  21,  1881 ;  to  limit  sessions  of  legislature,  February  14,  1884 ;  to 
limit  legislature's  power  to  pass  special  acts  of  incorporation,  March  3,  1885 ; 
to  prohibit  various  forms  of  special  legislation,  July  30,  1886;  to  reorganize 
courts,  February  28,  1887 ;  to  permit  erection  of  counties,  July  19,  1888 ;  to  grant 
control  of  liquor  traffic,  August  8,  1890;  to  permit  appeals  to  circuit  court  of 
appeals,  March  3,  1891 ;  to  make  valid  certain  bond  issues,  January  16,  1897. 

2615 


2616  New  Mexico— 1850 

First.  The  State  of  Texas  will  agree  that  her  boundary  on  the 
north  shall  commence  at  the  point  at  which  the  meridian  of  one  hun- 
dred degrees  west  from  Greenwich  is  intersected  by  the  parallel  of 
thirty-six  degrees  thirty  minutes  north  latitude,  and  shall  run  from 
said  point  due  west  to  the  meridian  of  one  hundred  and  three  degrees 
west  from  Greenwich ;  thence  her  boundary  shall  run  due  south  to  the 
thirtj^-second  degree  of  north  latitude ;  thence  on  the  said  parallel  of 
thirty-two  degrees  of  north  latitude  to  the  Eio  Bravo  del  Norte,  and 
thence  with  the  channel  of  said  river  to  the  Gulf  of  Mexico. 

Second.  The  state  of  Texas  cedes  to  the  United  States  all  her  claim 
to  territory  exterior  to  the  limits  and  boundaries  which  she  agrees 
to  establish  by  the  first  article  of  this  agreement. 

Third.  The  State  of  Texas  relinquishes  all  claim  upon  the  United 
States  for  liability  of  the  debts  of  Texas,  and  for  compensation  or 
indemnity  for  the  surrender  to  the  United  States  of  her  ships,  forts, 
arsenals,  custom-houses,  custom-house  revenue,  arms  and  munitions  of 
war,  and  public  buildings  with  their  sites,  which  became  the  property 
of  the  United  States  at  the  time  of  the  annexation. 

Fourth.  The  United  States,  in  consideration  of  said  establishment 
of  boundaries,  cession  of  claim  to  territory,  and  relinquishment  of 
claims,  will  pay  to  the  State  of  Texas  the  sum  of  ten  millions  of 
dollars  in  a  stock  bearing  five  per  cent,  interest,  and  redeemable  at 
the  end  of  fourteen  j^ears,  the  interest  payable  half-yearly  at  the 
treasury  of  the  United  States. 

Fifth.  Immediately  after  the  President  of  the  United  States  shall 
have  been  furnished  with  an  authentic  copy  of  the  act  of  the  general 
assembly  of  Texas  accepting  these  propositions,  he  shall  cause  the 
stock  to  be  issued  in  favor  of  the  State  of  Texas,  as  provided  for  in 
the  fourth  article  of  this  agreement:  Provided^  also^  That  no  more 
than  five  millions  of  said  stock  shall  be  issued  until  the  creditors  of 
the  State  holding  bonds  and  other  certificates  of  stock  of  Texas  for 
which  duties  on  imports  were  specially  pledged,  shall  first  file  at 
the  treasury  of  the  United  States  releases  of  all  claim  against  the 
United  States  for  or  on  account  of  said  bonds  or  certificates  in  such 
form  as  shall  be  prescribed  by  the  Secretary  of  the  Treasury  and 
approved  by  the  President  of  the  United  States:  Provided^  That 
nothing  herein  contained  shall  be  construed  to  impair  or  qualify 
anything  contained  in  the  third  article  of  the  second  section  of  the 
"  joint  resolution  for  annexing  Texas  to  the  United  States,"  approved 
March  first,  eighteen  hundred  and  forty-five,  either  as  regards  the 
number  of  States  that  may  hereafter  be  formed  out  of  the  State  of 
Texas,  or  otherwise. 

Sec.  2.  And  he  it  further  enacted^  That  all  that  portion  of  the 
Territory  of  the  United  States  bounded  as  follows:  Beginning  at  a 
point  in  the  Colorado  River  where  the  boundary  line  with  the  repub- 
lic of  Mexico  crosses  the  same;  thence  eastwardly  with  the  said 
boundary  line  to  the  Rio  Grande;  thence  following  the  main  channel 
of  said  river  to  the  parallel  of  the  thirty-second  degree  of  north 
latitude;  thence  east  with  said  degree  to  its  intersection  with  the 
one  hundred  and  third  degree  of  longitude  west  of  Greenwich ;  thence 
north  with  said  degree  of  longitude  to  the  parallel  of  thirty-eighth 
degree  of  north  latitude ;  thence  west  with  said  parallel  to  the  summit 
of  the  Sierra  Madre:  thence  south  with  the  crest  of  said  mountains 


New  Mexico— 1850  2617 

to  the  thirty-seventh  parallel  of  north  latitude;  thence  west  with 
said  parallel  to  its  intersection  with  the  boundary  line  of  the  State 
of  California ;  thence  with  said  boundary  line  to  the  place  of  begin- 
ning— be,  and  the  same  is  hereby,  erected  into  a  temporary  govern- 
ment, by  the  name  of  the  Territory  of  New  Mexico;  Provided^  That 
nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  gov- 
ernment of  the  United  States  from  dividing  said  Territory  into  two 
or  more  Territories,  in  such  manner  and  at  such  times  as  Congress 
shall  deem  convenient  and  proper,  or  from  attaching  any  portion 
thereof  to  any  other  Territory  or  State:  And-  provided^  further^ 
That,  when  admitted  as  a  State,  the  said  Territory,  or  any  portion 
of  the  same,  shall  be  received  into  the  Union,  with  or  without  slavery, 
as  their  constitution  may  prescribe  at  the  time  of  their  admission. 

Sec.  3.  And  he  it  further  enacted^  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  New  Mexico  shall  be  vested  in 
a  governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 
President  of  the  United  States.  The  governor  shall  reside  within 
said  Territory,  shall  be  commander-in-chief  of  the  militia  thereof, 
shall  perform  the  duties  and  receive  the  emoluments  of  superintendent 
of  Indian  affairs,  and  shall  approve  all  laws  passed  by  the  legislative 
assembly  before  they  shall  take  effect;  he  may  grant  pardons  for 
offenses  against  the  laws  of  said  Territory,  and  reprieves  for  offences 
against  the  laws  of  the  United  States,  until  the  decision  of  the  Presi- 
dent can  be  made  known  thereon ;  he  shall  commission  all  officers  who 
shall  be  appointed  to  office  under  the  laws  of  the  said  Territory,  and 
shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  4.  And  he  it  further  enacted^  That  there  shall  be  a  secretary 
of  said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  four 
years,  unless  sooner  removed  by  the  President  of  the  United  States; 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the 
legislative  assembly  hereinafter  constituted,  and  all  the  acts  and  pro- 
ceedings of  the  governor  in  his  executive  department ;  he  shall  trans- 
mit one  copy  of  the  laws  and  one  copy  of  the  executive  proceedings, 
on  or  before  the  first  day  of  December  in  each  year,  to  the  President 
of  the  United  States,  and,  at  the  same  time,  two  copies  of  the  laws  to 
the  Speaker  of  the  House  of  Representatives  and  the  President  of  the 
Senate,  for  the  use  of  Congress.  And,  in  case  of  the  death,  removal, 
resignation,  or  other  necessary  absence  of  the  governor  from  the 
Territory,  the  secretary  shall  have,  and  he  is  hereby  authorized  and 
required  to  execute  and  perform  all  the  powers  and  duties  of  the 
governor  during  such  vacancy  or  necessary  absence,  or  until  another 
governor  shall  be  duly  appointed  to  fill  such  vacancy. 

Sec.  5.  And  he  it  further  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  governor  and  a 
legislative  assembly.  The  legislative  assembly  shall  consist  of  a 
Council  and  House  of  Representatives.  The  Council  shall  consist  of 
thirteen  members,  having  the  qualifications  of  voters  as  hereinafter 
prescribed,  Avhose  term  of  service  shall  continue  two  years.  The 
House  of  Representatives  shall  consist  of  twenty-six  members,  pos- 
sessing the  same  qualifications  as  prescribed  for  members  of  the 
Council,  and  whose  term  of  service  shall  continue  one  year.  An  ap- 
portionment shall  be  made,  as  nearly  equal  as  practicable,  among  the 


2618  New  Mexico— 1850 

several  counties  or  districts,  for  the  election  of  the  Council  and  House 
of  Representatives,  giving  to  each  section  of  the  Territory  representa- 
tion in  the  ratio  of  its  population,  (Indians  excepted,)  as  nearly  as 
may  be.  And  the  members  of  the  Council  and  of  the  House  of 
Representatives  shall  reside  in,  and  be  inhabitants  of,  the  district  for 
which  they  may  be  elected  respectively.  Previous  to  the  first  election, 
the  governor  shall  cause  a  census  or  enumeration  of  the  inhabitants 
of  the  several  counties  and  districts  of  the  Territory  to  be  taken,  and 
the  first  election  shall  be  held  at  such  time  and  places,  and  be  con- 
ducted in  such  manner,  as  the  governor  shall  appoint  and  direct ;  and 
he  shall,  at  the  same  time,  declare  the  number  of  the  members  of  the 
Council  and  House  of  Representatives  to  which  each  of  the  counties 
or  districts  shall  be  entitled  under  this  act.  The  number  of  persons 
authorized  to  be  elected  having  the  highest  number  of  votes  in  each  of 
said  Council  districts,  for  members  of  the  Council,  shall  be  declared 
by  the  governor  to  be  duly  elected  to  the  Council ;  and  the  person  or 
persons  authorized  to  be  elected  having  the  greatest  number  of  votes 
for  the  House  of  Representatives,  equal  to  the  number  to  which  each 
county  or  district  shall  be  entitled,  shall  be  declared  by  the  governor 
to  be  duly  elected  members  of  the  House  of  Representatives:  Pro- 
vided, That  in  case  of  a  tie  between  tAvo  or  more  persons  voted  for, 
the  governor  shall  order  a  new  election  to  supj^ly  the  vacancy  made  by 
such  tie.  And  the  persons  thus  elected  to  the  legislative  assembly 
shall  meet  at  such  place  and  on  such  day  as  the  governor  shall  ap- 
point; but  thereafter,  the  time,  place,  and  manner  of  holding  and 
conducting  all  elections  by  the  people,  and  the  apportioning  the 
representation  in  the  several  counties  or  districts  to  the  Council  and 
House  of  Representatives  according  to  the  population,  shall  be  pre- 
scribed by  law,  as  w  ell  as  the  day  of  the  commencement  of  the  regular 
sessions  of  the  legislative  assembly:  Provided,  That  no  one  session 
shall  exceed  the  term  of  forty  days. 

Sec.  6.  And  he  it  further  enacted,  That  every  free  white  male  in- 
habitant, above  the  age  of  twenty-one  years,  who  shall  have  been  a 
resident  of  said  Territory  at  the  time  of  the  passage  of  this  act,  shall 
be  entitled  to  vote  at  the  first  election,  and  shall  be  eligible  to  any 
office  within  the  said  Territory;  but  the  qualifications  of  voters  and 
of  holding  office,  at  all  subsequent  elections,  shall  be  such  as  shall  be 
prescribed  by  the  legislative  assembly:  Provided,  That  the  right  of 
suffrage,  and  of  holding  office,  shall  be  exercised  only  by  citizens  of 
the  United  States,  including  those  recognized  as  citizens  by  the 
treaty  with  the  republic  of  Mexico,  concluded  February  second, 
eighteen  hundred  and  forty-eight. 

Sec.  7.  And  he  it  further  enacted.  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation,  consist- 
ent with  the  Constitution  of  the  United  States  and  the  provisions 
of  this  act ;  but  no  law  shall  be  passed  interfering  with  the  primary 
disposal  of  the  soil;  no  tax  shall  be  imposed  upon  the  property  of 
the  United  States;  nor  shall  the  lands  or  other  property  of  non- 
residents be  taxed  higher  than  the  lands  or  other  property  of  resi- 
dents. All  the  laws  passed  by  the  legislative  assembly  and  governor 
shall  be  submitted  to  the  Congress  of  the  United  States,  and,  if  dis- 
approved, shall  be  null  and  of  no  effect. 

Sec.  8.  And  he  it  further  enacted,  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 


New  Mexico— 1850  2619 

or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  provided 
by  the  governor  and  legislative  assembly  of  the  Territory  of  New 
Mexico.  The  governor  shall  nominate,  and,  by  and  with  the  advice 
and  consent  of  the  legislative  Council,  appoint,  all  officers  not  herein 
otherwise  provided  for;  and  in  the  first  instance  the  governor  alone 
may  appoint  all  said  officers,  who  shall  hold  their  offices  until  the  end 
of  the  first  session  of  the  legislative  assembly,  and  shall  lay  off  the 
necessary  districts  for  members  of  the  Council  and  House  of  Repre- 
sentatives, and  all  other  officers. 

Sec.  10.  And  he  it  further  enacted^  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  Supreme  Court,  District  Courts,  Pro- 
bate Courts,  and  in  justices  of  the  peace.  The  Supreme  Court  shall 
consist  of  a  chief  justice  and  two  associate  justices,  any  two  of  whom 
shall  constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  gov- 
ernment of  said  Territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years.  The  said  Territory  shall  be  divided 
into  three  judicial  districts,  and  a  District  Court  shall  be  held  in  each 
of  said  districts  by  one  of  the  justices  of  the  Supreme  Court,  at  such 
time  and  place  as  maj^  be  prescribed  by  law;  and  the  said  judges 
shall,  after  their  appointments,  respectively,  reside  in  the  districts 
which  shall  be  asigned  them.  The  jurisdiction  of  the  several  courts 
herein  provided  for,  both  appellate  and  original,  and  that  of  the  Pro- 
bate Courts  and  of  justices  of  the  peace,  shall  be  as  limited  by  law : 
Provided^  That  justices  of  the  peace  shall  not  nave  jurisdiction  of 
any  matter  in  controversy  when  the  title  or  boundaries  of  land  may 
be  in  dispute,  or  where  the  debt  or  sum  claimed  shall  exceed  one 
hundred  dollars ;  and  the  said  Supreme  and  Districts  Courts,  respect- 
ively, shall  possess  chancery  as  well  as  common  law  jurisdiction. 
Each  District  Court,  or  the  judge  thereof,  shall  appoint  its  clerk, 
who  shall  also  be  the  register  in  chancery,  and  shall  keep  his  office 
at  the  place  where  the  court  may  be  held.  Writs  of  error,  bills  of 
exception,  and  appeals,  shall  be  allowed  in  all  cases  from  the  final 
decisions  of  said  District  Courts  to  the  Supreme  Court,  under  such 
regulations  as  may  be  prescribed  by  law,  but  in  no  case  removed  to 
the  Supreme  Court  shall  trial  by  jury  be  allowed  in  said  court.  The 
Supreme  Court,  or  the  justices  thereof,  shall  appoint  its  own  clerk, 
and  every  clerk  shall  hold  his  office  at  the  pleasure  of  the  court  for 
which  he  shall  have  been  appointed.  Writs  of  error  and  appeals 
from  the  final  decisions  of  said  Supreme  Court  shall  be  allowed,  and 
may  be  taken  to  the  Supreme  Court  of  the  United  States,  in  the  same 
manner  and  under  the  same  regulations  as  from  the  Circuit  Courts 
of  the  United  States,  where  the  value  of  the  property  or  the  amount 
in  controversy,  to  be  ascertained  by  the  oath  or  affirmation  of  either 
party,  or  other  competent  witness,  shall  exceed  one  thousand  dollars ; 
except  only  that  all  cases  involving  title  to  slaves,  the  said  writs  of 
error  or  appeals  shall  be  allowed  and  decided  by  the  said  Supreme 
Court  without  regard  to  the  value  of  the  matter,  property,  or  title 
in  controversy;  and  except  also  that  a  writ  of  error  or  appeal  shall 
also  be  allowed  to  the  Supreme  Court  of  the  United  States  from  the 
decision  of  the  said  Supreme  Court  created  by  this  act,  or  of  any 
judge  thereof,  or  of  the  District  Courts  created  by  this  act,  or  of  any 
judge  thereof,  upon  any  writ  of  habeas  corpus  involving  the  question 
of  personal  freedom ;  and  each  of  the  said  District  Courts  shall  have 
and  exercise  the  same  jurisdiction  in  all  cases  arising  under  the  Con- 


2620  New  Mexico— 1850 

stitution  and  laws  of  the  United  States  as  is  vested  in  the  Circuit  and 
District  Courts  of  the  United  States ;  and  the  said  Supreme  and  Dis- 
trict Courts  of  the  said  Territory,  and  the  respective  judges  thereof, 
shall  and  may  grant  writs  of  habeas  corpus  in  all  cases  in  which  the 
same  are  grantable  by  the  judges  of  the  United  States  in  the  District 
of  Columbia;  and  the  first  six  days  of  every  term  of  said  courts,  or 
so  much  thereof  as  shall  be  necessary,  shall  be  appropriated  to  the 
trial  of  causes  arising  under  the  said  Constitution  and  laws;  and 
writs  of  error  and  appeals  in  all  such  cases  shall  be  made  to  the 
Supreme  Court  of  said  Territory,  the  same  as  in  other  cases.  The 
said  clerk  shall  receive  in  all  such  cases  the  same  fees  which  the 
clerks  of  the  District  Courts  of  Oregon  Territory  now  receive  for 
similar  services. 

Sec.  11.  A7id  he  it  further  enacted^  That  there  shall  be  appointed  an 
attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  unless  sooner  removed  by  the  President,  and  who  shall  execute 
all  processes  issuing  from  the  said  courts  when  exercising  their  juris- 
diction as  Circuit  and  District  Courts  of  the  United  States;  he 
shall  perform  the  duties,  be  subject  to  the  same  regulation  and  penal- 
ties, and  be  entitled  to  the  same  fees  as  the  marshal  of  the  District 
Court  of  the  United  States  for  the  present  Territory  of  Oregon,  and 
shall,  in  addition,  be  paid  two  hundred  (dollars)  annually  as  a  com- 
pensation for  extra  services. 

Sec.  12.  And  he  it  further  enacted^  That  the  governor,  secretary, 
chief  justice  and  associate  justices,  attorney  and  marshal,  shall  be 
nominated,  and,  by  and  with  the  advice  and  consent  of  the  Senate, 
appointed  by  the  President  of  the  United  States.  The  governor  and 
secretary,  to  be  appointed  as  aforesaid,  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  affirmation,  before  the  district  judge,  or 
some  justice  of  the  peace  in  the  limits  of  said  Territory,  duly  author- 
ized to  administer  oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  chief  justice  or  some  associate  justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge  the  duties  of  their 
respective  offices;  which  said  oaths,  when  so  taken,  shall  be  certified 
by  the  person  by  whom  the  same  shall  have  been  taken,  and  such 
certificates  shall  be  received  and  recorded  by  the  said  secretary 
among  the  executive  proceedings;  and  the  chief  justice  and  associate 
justices,  and  all  other  civil  officers  in  said  Territory,  before  they  act 
as  such,  shall  take  a  like  oath  or  affirmation,  before  the  said  governor 
or  secretary,  or  some  judge  or  justice  of  the  peace  of  the  Territory, 
who  may  be  duly  commissioned  and  qualified,  which  said  oath  or 
affirmation  shall  be  certified  and  transmitted,  by  the  person  taking 
the  same,  to  the  secretary,  to  be  by  him  recorded  as  aforesaid;  and 
afterwards,  the  like  oath  or  affirmation  shall  be  taken,  certified,  and 
recorded,  in  such  manner  and  form  as  may  be  prescribed  by  law. 
The  governor  shall  receive  an  annual  salary  of  fifteen  hundred  dollars 
as  governor,  and  one  thousand  dollars  as  superintendent  of  Indian 
affairs.  The  chief  justice  and  associate  justices  shall  each  receive 
an  annual  salary  of  eighteen  hundred  dollars.  The  secretary  shall 
receive  an  annual  salary  of  eighteen  hundred  dollars.  The  said  sal- 
aries shall  be  paid  quarter-yearly,  at  the  treasury  of  the  United 
States.    The  members  of  the  legislative  assembly  shall  be  entitled 


ft. 


New  Mexico— 1850  2621 

to  receive  three  dollars  each  per  day  during  their  attendance  at  the 
sessions  thereof,  and  three  dollars  each  for  every  twenty  miles'  travel 
in  going  to  and  returning  from  the  said  sessions,  estimated  according 
to  the  nearest  usually  travelled  route.  There  shall  be  appropriated 
annually  the  sum  of  one  thousand  dollars,  to  be  expended  by  the  gov- 
ernor, to  defray  the  contingent  expenses  of  the  Territory ;  there  shall 
also  be  appropriated  annually  a  sufficient  sum  to  be  expended  by  the 
Secretary  of  the  Treasury  of  the  United  States,  to  defray  the  expenses 
of  the  legislative  assembly,  the  printing  of  the  laws,  and  other  inci- 
dental expenses;  and  the  secretary  of  the  Territory  shall  annually 
account  to  the  Secretary  of  the  Treasury  of  the  United  States  for  the 
manner  in  which  the  aforesaid  sum  shall  have  been  expended. 

Sec.  13.  And  he  it  further  enacted^  That  the  legislative  assembly 
of  the  Territory  of  New  Mexico  shall  hold  its  first  session  at  such  time 
and  place  in  said  Territory  as  the  Governor  thereof  shall  appoint 
and  direct ;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  governor  and  legislative  assembly  shall  proceed 
to  locate  and  establish  the  seat  of  government  for  said  Territory  at 
such  place  as  they  may  deem  eligible;  which  place,  how^ever,  shall 
thereafter  be  subject  to  be  changed  by  the  said  governor  and  legisla- 
tive assembly. 

Sec.  14.  And  he  it  further  enacted^  That  a  delegate  to  the  House  of 
Representatives  of  the  United  States,  to  serve  during  each  Congress 
of  the  United  States,  may  be  elected  by  the  voters  qualified  to  elect 
members  of  the  legislative  assembly,  who  shall  be  entitled  to  the  same 
rights  and  privileges  as  are  exercised  and  enjoyed  by  the  delegates 
from  the  several  other  Territories  of  the  United  States  to  the  said 
House  of  Representatives.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner,  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections,  the  times, 
places,  and  manner  of  holding  the  elections  shall  be  prescribed  by 
law.  The  person  having  the  greatest  number  of  votes  shall  be  de- 
clared by  the  governor  to  be  duly  elected,  and  a  certificate  thereof 
shall  be  given  accordingly :  Provided^  That  such  delegate  shall  receive 
no  higher  sum  for  mileage  than  is  allowed  by  law  to  the  delegate 
from  Oregon. 

Sec.  15.  And  he  it  further  enacted^  That  when  the  lands  in  said 
Territory  shall  be  surveyed  under  the  direction  of  the  government  of 
the  United  States,  preparatory  to  bringing  the  same  into  market,  sec- 
tions numbered  sixteen  and  thirty-six  in  each  township  in  said  Ter- 
ritory shall  be,  and  the  same  are  hereby,  reserved  for  the  purpose  of 
being  applied  to  schools  in  said  Territory,  and  in  the  States  and  Ter- 
ritories hereafter  to  be  erected  out  of  the  same. 

Sec.  1G.  And  he  it  further  enacted^  That  temporarily  and  until 
otherwise  provided  by  law,  the  governor  of  said  Territory  may  de- 
fine the  judicial  districts  of  said  Territory,  and  assign  the  judges  who 
may  be  appointed  for  said  Territory  to  the  several  districts,  and  also 
appoint  the  times  and  places  for  holding  courts  in  the  several  counties 
or  subdivisions  in  each  of  said  judicial  districts,  by  proclamation  to 
l)e  issued  by  him;  but  the  legislative  assembly,  at  their  first  or  any 
subsequent  session,  may  organize,  alter,  or  modify  such  judicial  dis- 
tricts, and  assign  the  judges,  and  alter  the  times  and  places  of  hold- 
ing the  courts,  as  to  them  shall  seem  proper  and  convenient. 


2622  New  Mexico— 1850 

Sec.  17.  And  he  it  further  enacted,  That  the  Constitution,  and  all 
laws  of  the  United  States  which  are  not  locally  inapplicable,  shall 
have  the  same  force  and  effect  within  the  said  Territory  of  New 
Mexico  as  elsewhere  within  the  United  States. 

Sec.  18.  And  he  it  further  enacted,  That  the  provisions  of  this  act 
be,  and  they  are  hereby,  suspended  until  the  boundary  between  the 
United  States  and  the  State  of  Texas  shall  be  adjusted;  and  when 
such  adjustment  shall  have  been  effected,  the  President  of  the  United 
States  shall  issue  his  proclamation,  declaring  this  act  to  be  in  full 
force  and  operation,  and  shall  proceed  to  appoint  the  officers  herein 
provided  to  be  appointed  in  and  for  said  Territory. 

Sec.  19.  And  he  it  further  enacted,  That  no  citizen  of  the  United 
States  shall  be  deprived  of  his  life,  liberty,  or  property,  in  said  Ter- 
ritory, except  by  the  judgment  of  his  peers  and  the  laws  of  the  land. 

Approved,  September  9,  1850. 


ENABLING  ACT  FOR  NEW  MEXICO  AND  ARIZONA— 1906 

(See  Oklahoma,   p.   2960) 


NEW  TORK 


For  organic  acts  relating  to  tlie  lands  now  included  within  New  York  see  in 
this  work : 

Virginia  Charter  of  1606  (Virginia,  p.  3783). 

Council  for  New  England,  1620  (Massachusetts,  p.  1827). 

Dutch  West  India  Company,  1621  (p.  59). 

Charter  of  Massachusetts  Bay,  1629  (Massachusetts,  p.  1846). 

Charter  of  Connecticut,  1662  (Connecticut,  p.  529). 

Grant  to  the  Duke  of  York,  1664  (Maine,  p.  1637). 

Grant  to  the  Duke  of  York,  1674  (Maine,  p.  1641). 

Charter  of  Pennsylvania,  1681  (Pennsylvania,  p.  3035). 

Commission  to  Andros,  1688  (Massachusetts,  p.  1863). 


CONSTITUTION  OF  NEW  YORK— 1777  * 

In  Convention  of  the  Representatives 

OF  THE  State  of  New  York, 

Kingston,  20th  April,  1777. 
Whereas  the  many  tyrannical  and  oppressive  usurpations  of  the 
King  and  Parliament  of  Great  Britain  on  the  rights  and  liberties  of 
the  people  of  the  American  colonies  had  reduced  them  to  the  neces- 
sity of  introducing  a  government  by  congresses  and  committees,  as 
temporary  expedients,  and  to  exist  no  longer  than  the  grievances  of 
the  people  should  remain  without  redress ;  And  whereas  the  congress 
of  the  colony  of  New  York  did,  on  the  thirty-first  day  of  May  now 
last  past,  resolve  as  follows,  viz : 

"  Whereas  the  present  government  of  this  colony,  by  congress  and 
committees,  was  instituted  while  the  former  government,  under  the 

*  Verified  from  "  Journals  of  the  Provincial  Congress,  Provincial  Convention 
Committee  of  Safety  and  Council  of  Safety  of  the  State  of  New  York,  1775, 
1776-1777,  vol.  I.  Albany:  Printed  by  Thurlovv  Weed,  printer  to  the  State 
1.S42."  pp.  892-898. 

The  Dutch,  who  began  in  1613  to  establish  trading-posts  on  the  Hudson  River, 
claimed  jurisdiction  over  the  territory  between  the  Connecticut  and  the  Delaware 
Rivers,  which  they  called  New  Netherlands.  The  government  was  vested  in 
"  The  United  New  Netherland  Company,"  chartered  in  1616,  and  then  in  "  The 
Dutch  West  India  Company,"  chartered  in  1621. 

In  1649  a  convention  of  the  settlers  petitioned  the  "  Lords  States-General  of 
the  United  Netherlands  "  to  grant  them  "  suitable  burgher  government,"  such  as 
their  High  Mightinesses  shall  consider  adapted  to  this  province,  and  resembling 
somewhat  the  government  of  our  Fatherland,"  with  certain  permanent  priv- 
ileges and  exemptions,  that  they  might  pursue  "  the  trade  of  our  country,  as 
well  along  the  coast  from  Terra  Nova  to  Cape  Florida  as  to  the  West  Indies 
and  Europe,  whenever  our  Lord  God  shall  be  pleased  to  permit." 

The  directors  of  the  West  India  Company  resented  this  attempt  to  shake  off 
their  rule,  and  wrote  their  director  and  council  at  New  Amsterdam :  "  We  have 
already  connived  as  much  as  possible  at  the  many  impertinences  of  some  rest- 
less spirits,  in  the  hope  that  they  might  be  shamed  by  our  discreetness  and 
benevolence,  but,  perceiving  that  all  kindnesses  do  not  avail,  we  must,  therefore, 

2623 


2624  New  York— 1777 

Crown  of  Great  Britain,  existed  in  full  force,  and  was  established  for 
the  sole  purpose  of  opposing  the  usurpation  of  the  British  Parlia- 
ment, and  was  intended  to  expire  on  a  reconciliation  with  Great 
Britain,  which  it  was  then  apprehended  would  soon  take  place,  but  is 
now  considered  as  remote  and  uncertain ; 

"And  whereas  many  and  great  inconveniences  attend  the  said  mode 
of  government  by  congress  and  committees,  as  of  necessity,  in  many 
instances,  legislative,  judi<^ial,  and  executive  powers  have  been  vested 
therein,  especially  since  the  dissolution  of  the  former  government  by 
the  abdication  of  the  late  governor  and  the  exclusion  of  this  colony 
from  the  protection  of  the  King  of  Great  Britain ; 

"  And  whereas  the  Continental  Congress  did  resolve  as  followeth, 
to  wit : 

" '  Whereas  His  Britannic  Majesty,  in  conjunction  with  the  lords 
and  commons  of  Great  Britain,  has,  by  a  late  act  of  Parliament,  ex- 
cluded the  inhabitants  of  these  united  colonies  from  the  protection  of 
his  Crown ;  and  w^hereas  no  answers  whatever  to  the  humble  petition 
of  the  colonies  for  redress  of  grievances  and  reconciliation  with  Great 
Britain  has  been,  or  is  likely  to  be,  given,  but  the  whole  force  of  that 
kingdom,  aided  by  foreign  mercenaries,  is  to  be  exerted  for  the  de- 
struction of  the  good  people  of  these  colonies ;  and  whereas  it  appears 
absolutely  irreconcilable  to  reason  and  good  conscience  for  the  people 
of  these  colonies  now  to  take  the  oaths  and  affirmations  necessary  for 
the  support  of  any  government  under  the  Crown  of  Great  Britain, 
and  it  is  necessary  that  the  exercise  of  every  kind  of  authority  under 
the  said  Crown  should  be  totally  suppressed,  and  all  the  powers  of 
government  exerted  under  the  authority  of  the  people  of  the  colonies 
for  the  preservation  of  internal  peace,  virtue,  and  good  order,  as  well 
as  for  the  defense  of  our  lives,  liberties,  and  properties,  against  the 
hostile  invasions  and  cruel  depredations  of  our  enemies :  Therefore, 

" '  Resolved^  That  it  be  recommended  to  the  respective  assemblies 
and  conventions  of  the  united  colonies,  where  no  government  sufficient 
to  the  exigencies  of  their  affairs  has  been  hitherto  established,  to 
adopt  such  government  as  shall,  in  the  opinion  of  the  representatives 
of  the  people,  best  conduce  to  the  happiness  and  safety  of  their  con- 
stituents in  particular,  and  America  in  general.' 

have  recourse  to  God,  to  Nature,  and  the  Law.  We  accordingly  hereby  charge 
and  command  your  Honors,  whenever  you  shall  certainly  discover  any  Clan- 
destine Meetings,  Conventicles,  or  machinations  against  our  States'  government 
or  that  of  our  country,  that  you  proceed  against  such  malignants  in  proportion 
to  their  crimes." 

These  grants  embraced  all  the  lands  between  the  west  bank  of  the  Con- 
necticut River  and  the  east  bank  of  Delaware  Bay.  The  Duke  of  York  had  pre- 
viously purchased,  in  1663,  the  grant  of  Long  Island  and  other  islands  on  the 
New  England  coast,  made  in  1635  to  the  Earl  of  Stirling,  and  in  1664  he  equipped 
an  armed  expedition,  which  took  possession  of  New  Amsterdam,  which  was 
thenceforth  called  New  York.  This  conquest  was  confirmed  by  the  treaty  of 
Breda,  in  July,  1667.  In  July,  1673,  a  Dutch  fleet  recaptured  New  York,  and 
held  it  until  it  was  restored  to  the  English  by  the  treaty  of  Westminster  in 
February,  1674.  The  second  grant  was  obtained  by  the  Duke  of  York  in  July, 
1674,  to  perfect  his  title.  The  original  grants  are  in  the  New  York  State 
Library. 

This  constitution  was  framed  by  a  convention  which  assembled  at  White 
Plains,  July  10,  1776,  and,  after  repeated  adjournments  and  changes  of  location, 
terminated  its  labors  at  Kingston,  Sunday  evening,  April  20,  1777,  when  the 
constitution  was  adopted,  with  but  one  dissenting  vote.  It  was  not  submitted 
to  the  people  for  ratification.    It  was  drafted  by  John  Jay. 


New  York— 1777  2625 

"  And  whereas  doubts  have  arisen  whether  this  congress  are  in- 
vested with  sufficient  power  and  authority  to  deliberate  and  determine 
on  so  important  a  subject  as  the  necessity  of  erecting  and  constituting 
a  new  form  of  government  and  internal  police,  to  the  exclusion  of  all 
foreign  jurisdiction,  dominion,  and  control  whatever;  and  whereas  it 
appertains  of  right  solely  to  the  people  of  this  colony  to  determine 
the  said  doubts :  Therefore, 

"  Resolved,  That  it  be  recommended  to  the  electors  in  the  several 
counties  in  this  colony,  by  election,  in  the  manner  and  form  prescribed 
for  the  election  of  the  present  congress,  either  to  authorize  (in  addi- 
tion to  the  powders  vested  in  this  congress)  their  present  deputies,  or 
others  in  the  stead  of  their  present  deputies,  or  either  of  them,  to  take 
into  consideration  the  necessity  and  propriety  of  instituting  such  new 
government  as  in  and  by  the  said  resolution  of  the  Continental  Con- 
gress is  described  and  recommended ;  and  if  the  majority  of  the  coun- 
ties, by  their  deputies  in  provincial  congress,  shall  be  of  opinion  that 
such  new  government  ought  to  be  instituted  and  established,  then  to 
institute  and  establish  such  a  government  as  they  shall  deem  best  cal- 
culated to  secure  the  rights,  liberties,  and  happiness  of  the  good  peo- 
ple of  this  colony ;  and  to  continue  in  force  until  a  future  peace  with 
Great  Britain  shall  render  the  same  unnecessary ;  and 

"  Resolved,  That  the  said  elections  in  the  several  counties  ought  to 
be  had  on  such  day,  and  at  such  place  or  places,  as  by  the  committee 
of  each  county  respectively  shall  be  determined.  And  it  is  recom- 
mended to  the  said  committees  to  fix  such  early  days  for  the  said 
elections  as  that  all  the  deputies  to  be  elected  have  sufficient  time  to 
repair  to  the  city  of  New  York  by  the  second  Monday  in  July  next; 
on  which  day  all  the  said  deputies  ought  punctually  to  give  their  at- 
tendance. 

"  And  whereas  the  object  of  the  aforegoing  resolutions  is  of  the 
utmost  importance  to  the  good  people  of  this  colony : 

"  Resolved,  That  it  be,  and  it  is  hereby,  earnestly  recommended  to 
the  committees,  freeholders,  and  other  electors  in  the  different  coun- 
ties in  this  colony  diligently  to  carry  the  same  into  execution." 

And  whereas  the  good  people  of  the  said  colony,  in  pursuance  of 
the  said  resolution,  and  reposing  special  trust  and  confidence  in  the 
members  of  this  convention,  have  appointed,  authorized,  and  em- 
powered them  for  the  purposes,  and  m  the  manner,  and  with  the 
powers  in  and  by  the  said  resolve  specified,  declared,  and  mentioned. 

And  whereas  the  Delegates  of  the  United  American  States,  in  gen- 
eral Congress  convened,  did,  on  the  fourth  day  of  July  now  last  past, 
solemnly  publish  and  declare,  in  the  words  following*,  viz : 

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

"  We  hold  these  truths  to  be  self-evident,  that  all  men  are  created 
equal ;  that  they  are  endowed  by  their  Creator  with  certain  unalien- 
able rights;  that  among  these  are,  life,  liberty,  and  the  pursuit  of 
happiness;  that  to  secure  these  rights,  governments  are  instituted 


2626  New  York— 1777 

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

"  He  has  refused  his  assent  to  laws,  the  most  wholesome  and  neces- 
sary for  the  public  good. 

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

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

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

"  He  has  dissolved  representative  houses  repeatedly,  for  opposing 
with  manly  firmness  his  invasions  on  the  rights  of  the  people. 

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

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

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

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

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

"  He  has  kept  among  us,  in  times  of  peace,  standing  armies,  with- 
out the  consent  of  our  legislatures. 


New  York— 1777  2627 

"  He  has  affected  to  render  the  military  independent  of,  and  supe- 
rior to,  the  civil  power. 

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

"  For  quartering  large  bodies  of  troops  among  us : 

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

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

"  For  imposmg  taxes  on  us  without  our  consent : 

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

"  For  transporting  us  beyond  seas,  to  be  tried  for  pretended 
offence's: 

"  For  abolishing  the  free  system  of  English  laws  in  a  neighboring 
province,  establishing  therein  an  arbitrary  government,  and  enlarg- 
ing its  boundaries,  so  as  to  render  it  at  once  an  example  and  fit  instru- 
ment for  introducing  the  same  absolute  rule  into  these  colonies : 

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

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

"  He  has  abdicated  government  here,  by  declaring  us  out  of  his 
protection,  and  waging  war  against  us. 

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

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

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

"  He  has  excited  domestic  insurrections  amongst  us,  and  has  en- 
deavored to  bring  on  the  inhabitants  of  our  frontiers  the  merciless 
Indian  savages,  w^hose  known  rule  of  warfare  is  an  undistinguished 
destruction  of  all  ages,  sexes  and  conditions. 

"  In  every  stage  of  these  oppressions,  we  have  petitioned  for  redress 
m  the  most  humble  terms.  Our  repeated  petitions  have  been  an- 
swered only  by  repeated  injury.  A  prince  whose  character  is  thus 
marked  by  every  act  which  may  define  a  tyrant,  is  unfit  to  be  the 
ruler  of  a  free  people. 

"  Nor  have  we  been  wanting  in  attentions  to  our  British  brethren. 
We  have  warned  them  from  time  to  time  of  attempts  by  their  legis- 
lature to  extend  an  unwarrantable  jurisdiction  over  us.  We  have 
reminded  them  of  the  circumstances  of  our  emigration  and  settle- 
ment here.  We  have  appealed  to  their  native  justice  and  magnanim- 
ity, and  we  have  conjured  them  by  the  ties  of  our  common  kindred 
to  disavow  these  usurpations,  which  would  inevitably  interrupt  our 
connection  and  correspondence.  They  too  have  been  deaf  to  the 
voice  of  justice  and  of  consanguinity.  We  must  therefore  acquiesce 
in  the  necessity  which  denounces  our  separation,  and  hold  them  as  we 
hold  the  rest  of  mankind,  enemies  in  war ;  in  peace,  friends. 

7254— VOL  5—09 7 


2628  New  York— 1777 

"  We,  therefore,  the  Representatives  of  the  United  States  of  Amer- 
ica, in  general  Congress  assembled,  appealing  to  the  Supreme  Judge 
of  the  world  for  the  rectitude  of  our  intentions,  do,  in  the  name  and 
by  the  authority  of  the  good  people  of  these  colonies,  solemnly  pub- 
lish and  declare.  That  these  united  colonies  are,  and  of  right  ought 
to  be,  free  and  independent  States;  that  they  are  absolved  from  all 
allegiance  to  the  British  Crown,  and  that  all  political  connection 
between  them  and  the  State  of  Great  Britain  is,  and  ought  to  be, 
totally  dissolved ;  and  that  as  free  and  independent  States  they  have 
full  power  to  levy  war,  conclude  peace,  contract  alliances,  establish 
commerce,  and  to  do  all  other  acts  and  things  which  independent 
States  may  of  right  do.  And  for  the  support  of  this  declaration, 
with  a  firm  reliance  on  the  protection  of  Divine  Providence,  we 
mutually  pledge  to  each  other  our  lives,  our  fortunes,  and  our  sacred 
honor." 

And  whereas  this  convention,  having  taken  this  declaration  into 
their  most  serious  consideration,  did,  on  the  ninth  day  of  July  last 
past,  unanimously  resolve  that  the  reasons  assigned  by  the  Conti- 
nental Congress  for  declaring  the  united  colonies  free  and  independ- 
ent States  are  cogent  and  conclusive;  and  that  while  we  lament  the 
cruel  necessity  which  has  rendered  that  measure  unavoidable,  w^e 
approve  the  same,  and  will,  at  the  risk  of  our  lives  and  fortunes,  join 
with  the  other  colonies  in  supporting  it. 

By  virtue  of  which  several  acts,  declarations,  and  proceedings  men- 
tioned and  contained  in  the  afore-cited  resolves  or  resolutions  of  the 
general  Congress  of  the  United  American  States,  and  of  the  con- 
gresses or  conventions  of  this  State,  all  power  w^hatever  therein  hath 
reverted  to  the  people  thereof,  and  this  convention  hath  by  their 
suffrages  and  free  choice  been  appointed,  and  among  other  things 
authorized  to  institute  and  establish  such  a  government  as  they  shall 
deem  best  calculated  to  secure  the  rights  and  liberties  of  the  good 
people  of  this  State,  most  conducive  of  the  happiness  and  safety  of 
their  constituents  in  particular,  and  of  America  in  general. 

I.  This  convention,  therefore,  in  the  name  and  by  the  authority  of 
the  good  people  of  this  State,  doth  ordain,  determine,  and  declare 
that  no  authority  shall,  on  any  pretence  whatever,  be  exercised  over 
the  people  or  members  of  this  State  but  such  as  shall  be  derived  from 
and  granted  by  them. 

II.  This  convention  doth  further,  in  the  name  and  by  the  authority 
of  the  good  people  of  this  State,  ol"dain,  determine,  and  declare  that 
the  supreme  legislative  power  within  this  State  shall  be  vested  in  two 
separate  and  distinct  bodies  of  men ;  the  one  to  be  called  the  assembly 
of  the  State  of  New  York,  the  other  to  be  called  the  senate  of  the 
State  of  New  York;  who  together  shall  form  the  legislature,  and 
meet  once  at  least  in  every  year  for  the  despatch  of  business. 

III.  And  whereas  laws  inconsistent  with  the  spirit  of  this  constitu- 
tion, or  with  the  public  good,  may  be  hastily  and  unadvisedly  passed : 
Be  it  ordained,  that  the  governor  for  the  time  being,  the  chancellor, 
and  the  judges  of  the  supreme  court,  or  any  two  of  them,  together  with 
the  governor,  shall  be,  and  hereby  are,  constituted  a  council  to  revise 
all  bills  about  to  be  passed  into  laws  by  the  legislature ;  and  for  that 
purpose  shall  assemble  themselves  from  time  to  time,  when  the  legis- 
lature shall  be  convened;  for  which,  nevertheless,  they  shall  not 


New  York— 1777  2629 

receive  any  salary  or  consideration,  under  any  pretence  whatever. 
And  that  all  bills  which  have  passed  the  senate  and  assembly  shall, 
before  they  become  laws,  be  presented  to  the  said  council  for  their 
revisal  and  consideration;  and  if,  upon  such  revision  and  considera- 
tion, it  should  appear  improper  to  the  said  council,  or  a  majority  of 
them,  that  the  said  bill  should  become  a  law  of  this  State,  that  they 
return  the  same,  together  with  their  objections  thereto  in  w^riting,  to 
the  senate  or  house  of  assembly  (in  which  soever  the  same  shall  have 
originated)  w^ho  shall  enter  the  objection  sent  down  by  the  council 
at  large  in  their  minutes,  and  proceed  to  reconsider  the  said  bill.  But 
if,  after  such  reconsideration,  two-thirds  of  the  said  senate  or  house 
of  assembly  shall,  notAvithstanding  the  said  objections,  agree  to  pass 
the  same,  it  shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  reconsidered,  and,  if 
approved  by  two-thirds  of  the  members  present,  shall  be  a  law. 

And  in  order  to  prevent  any  unnecessary  delays,  be  it  further 
ordained,  that  if  any  bill  shall  not  be  returned  by  the  council  within 
ten  days  after  it  shall  have  been  presented,  the  same  shall  be  a  law, 
unless  the  legislature  shall,  by  their  adjournment,  render  a  return  of 
the  said  bill  within  ten  days  impracticable;  in  which  case  the  bill 
shall  be  returned  on  the  first  day  of  the  meeting  of  the  legislature 
after  the  expiration  of  the  said  ten  days.* 

IV.  That  the  assembly  shall  consist  of  at  least  seventy  members,  to 
be  annually  chosen  in  the  several  counties,  in  the  proportions  follow- 
ing, viz: 

For  the  city  and  county  of  New  York,  nine. 

The  city  and  county  of  Albany,  ten. 

The  county  of  Dutchess,  seven. 

The  county  of  Westchester,  six. 

The  county  of  Ulster,  six. 

The  county  of  Suffolk,  five. 

The  county  of  Queens,  four. 

The  county  of  Orange,  four. 

The  county  of  Kings,  two. 

The  county  of  Richmond,  two. 

Tryon  County,^  six. 

Charlotte  County,^  four. 

Cumberland  County,*^  three. 

Gloucester  County,^  two. 

V.  That  as  soon  after  the  expiration  of  seven  years  (subsequent  to 
the  termination  of  the  present  war)  as  may  be  a  census  of  the  electors 
and  inhabitants  in  this  State  be  taken,  under  the  direction  of  the 
legislature.^  And  if,  on  such  census,  it  shall  appear  that  the  number 
of  representatives  in  assembly  from  the  said  counties  is  not  justly  pro- 
portioned to  the  number  of  electors  in  the  said  counties  respectively, 

*  The  wliole  number  of  bills  passed  by  the  legislature  under  this  constitution 
was  six  thousand  five  hundred  and  ninety.  The  council  of  revision  objected  to 
one  hundred  and  twenty-eight,  of  which  seventeen  were  passed  notwithstanding 
these  objections. — Hough. 

"  Now  Montgomery  County. 

"  Now  Washington  County. 

"  Now  included  in  the  State  of  Vermont. 

e  The  first  census  under  this  constitution  was  taken  in  1790.  thers  were 
taken  in  1795,  1801,  1807,  1814,  and  mil.—Uouyh. 


2630  New  York— 1777 

that  the  legislature  do  adjust  and  apportion  the  same  by  that  rule. 
And  further,  that  once  in  ever  seven  years,  after  the  taking  of  the 
said  first  census,  a  just  account  of  the  electors  resident  in  each  county 
shall  be  taken,  and  if  it  shall  thereupon  appear  that  the  number  of 
electors  in  any  county  shall  have  increased  or  diminished  one  or 
more  seventieth  parts  of  the  whole  number  of  electors,  which,  on  the 
said  first  census,  shall  be  found  in  this  State,  the  number  of  repre- 
sentatives for  such  county  shall  be  increased  or  diminished  accord- 
ingly, that  is  to  say,  one  representative  for  every  seventieth  part  as 
aforesaid.*^ 

VI.  And  whereas  an  opinion  hath  long  prevailed  among  divers  of 
the  good  people  of  this  State  that  voting  at  elections  by  ballot  would 
tend  more  to  preserve  the  liberty  and  equal  freedom  of  the  people 
than  voting  viva  voce:  To  the  end,  therefore,  that  a  fair  experiment 
be  made,  which  of  those  two  methods  of  voting  is  to  be  preferred — 

Be  it  ordained^  That  as  soon  as  may  be  after  the  termination  of  the 
present  war  between  the  United  States  of  America  and  Great  Britain, 
an  act  or  acts  be  passed  by  the  legislature  of  this  State  for  causing 
all  elections  thereafter  to  be  held  in  this  State  for  senators  and  repre- 
sentatives in  assembly  to  be  by  ballot,  and  directing  the  manner  in 
which  the  same  shall  be  conducted.*  And  whereas  it  is  possible,  that, 
after  all  the  care  of  the  legislature  in  framing  the  said  act  Or  acts, 
certain  inconveniences  and  mischiefs,  unforseen  at  this  day,  may  be 
found  to  attend  the  said  mode  of  electing  by  ballot: 

It  is  further  ordained^  That  if,  after  a  full  and  fair  experiment 
shall  be  made  of  voting  by  ballot  aforesaid,  the  same  shall  be  found 
less  conducive  to  the  safety  or  interest  of  the  State  than  the  method 
of  voting  viva  voce^  it  shall  be  lawful  and  constitutional  for  the  legis- 
lature to  abolish  the  same,  provided  two-thirds  of  the  members  pres- 
ent in  each  house,  respectively,  shall  concur  therein.  And  further, 
that,  during  the  continuance  of  the  present  war,  and  until  the  legis- 
lature of  this  State  shall  provide  for  the  election  of  senators  and 
representatives  in  assembly  by  ballot,  the  said  election  shall  be  made 
viva  voce. 

VII.  That  every  male  inhabitant  of  full  age,  who  shall  have  per- 
sonally resided  within  one  of  the  counties  of  this  State  for  six  months 
immediately  preceding  the  day  of  election,  shall,  at  such  election,  be 
entitled  to  vote  for  representatives  of  the  said  county  in  assembly; 
if,  during  the  time  aforesaid,  he  shall  have  been  a  freeholder,  possess- 
ing a  freehold  of  the  value  of  twenty  pounds,  within  the  said  county, 
or  have  rented  a  tenement  therein  of  the  yearly  value  of  forty  shil- 
lings, and  been  rated  and  actually  paid  taxes  to  this  State :  Provided 
always^  That  every  person  who  now  is  a  freeman  of  the  city  of  Al- 
bany, or  who  was  made  a  freeman  of  the  city  of  New  York  on  or 
before  the  fourteenth  day  of  October,  in  the  year  of  our  Lord  one 

«*  See  amendments. 

*  The  first  act  under  this  clause  was  passed  March  27,1778,  and  introduced  the 
practice  of  voting  by  ballot  for  governor  and  lieutenant-governor  only,  but  re- 
tained the  viva  voce  method  for  senators  and  assemblymen.  By  an  act  of  Febru- 
ary 13,  1787,  the  mode  of  voting  by  ballot  for  the  latter  was  introduced.  The 
boxes  containing  the  ballots  for  governor,  lieutenant-governor,  and  senators  were 
returned  by  the  sheriffs  to  the  secretary  of  state,  to  be  canvassed  by  a  joint 
committee  of  the  legislature,  until  March  27,  1799,  when  the  system  of  inspection 
and  canvassing  by  local  wards  was  introduced. — Hough, 


New  York— 1777  2631 

thousand  seven  hundred  and  seventy-five,  and  shall  be  actually  and 
usually  resident  in  the  said  cities,  respectively,  shall  be  entitled  to 
vote  for  representatives  in  assembly  within  his  said  place  of  residence. 

VIII.  That  every  elector,  before  he  is  admitted  to  vote,  shall,  if 
required  by  the  returning-officer  or  either  of  the  inspectors,  take  an 
oath,  or,  if  of  the  people  called  Quakers,  an  affirmation,  of  allegiance 
to  the  State. 

IX.  That  the  assembly,  thus  constituted,  shall  choose  their  own 
speaker,  be  judges  of  their  oAvn  members,  and  enjoy  the  same  privi- 
leges, and  proceed  in  doing  business  in  like  manner  as  the  assemblies 
of  the  colony  of  New  York  of  right  formerly  did;  and  that  a  majority 
of  the  said  members  shall,  from  time  to  time,  constitute  a  house,  to 
proceed  upon  business. 

X.  And  this  convention  doth  further,  in  the  name  and  by  the  au- 
thority of  the  good  people  of  this  State,  ordain,  determine,  and  de^ 
clare,  that  the  senate  of  the  State  of  New  York  shall  consist  of  twenty- 
four  freeholders  /to  be  chosen  out  of  the  body  of  the  freeholders; 
and  that  they  be  chosen  by  the  freeholders  of  this  State,  possessed 
of  freeholds  of  the  value  of  one  hundred  pounds,  over  and  above  all 
debts  charged  thereon. 

XI.  That  the  members  of  the  senate  be  elected  for  four  years ;  and, 
immediately  after  the  first  election,  they  be  divided  by  lot  into  four 
'classes,  six  in  each  class,  and  numbered  one,  two,  three,  and  four; 
that  the  seats  of  the  members  of  the  first  class  shall  be  vacated  at 
the  expiration  of  the  first  year,  the  second  class  the  second  year,  and 
so  on  continually;  to  the  end  that  the  fourth  part  of  the  senate,  as 
nearly  as  possible,  may  be  annually  chosen. 

XII.  That  the  election  of  senators  shall  be  after  this  manner :  That 
so  much  of  this  State  as  is  now  parcelled  into  counties  be  divided 
into  four  great  districts;  the  southern  district  to  comprehend  the 
city  and  county  of  New  York,  Suffolk,  Westchester,  Kings,  Queens, 
and  Richmond  Counties ;  the  middle  district  to  comprehend  the  coun- 
ties of  Dutchess,  Ulster,  and  Orange;  the  western  district,  the  city 
and  county  of  Albany,  and  Tryon  County;  and  the  eastern  district, 
the  counties  of  Charlotte,  Cumberland,  and  Gloucester.  That  the 
senators  shall  be  elected  by  the  freeholders  of  the  said  districts,  quali- 
fied as  aforesaid,  in  the  proportions  following,  to  wit :  in  the  southern 
district,  nine ;  in  the  middle  district,  six ;  in  the  western  district,  six ; 
and  in  the  eastern  district,  three.  And  be  it  ordained,  that  a  census 
shall  be  taken,  as  soon  as  may  be  after  the  expiration  of  seven  years 
from  the  termination  of  the  present  war,  under  the  direction  of  the 
legislature;  and  if,  on  such  census,  it  shall  appear  that  the  number 
01  senators  is  not  justly  proportioned  to  the  several  districts,  that 
the  legislature  adjust  the  proportion,  as  near  as  may  be,  to  the  num- 
ber of  freeholders,  qualified  as  aforesaid,  in  each  district."  That 
when  the  number  of  electors,  w^ithin  any  of  the  said  districts,  shall 
have  increased  one  twenty-fourth  part  of  the  whole  number  of  elect- 
ors, which,  by  the  said  census,  shall  be  found  to  be  in  this  State,  an 
additional  senator  shall  be  chosen  by  the  electors  of  such  district. 
That  a  majority  of  the  number  of  senators  to  be  chosen  aforesaid  shall 
be  necessary  to  constitute  a  senate  sufficient  to  proceed  upon  business ; 


^^H  niai 


«  Under  this  clause,  a  new  arrangement  of  senatorial  districts  was  made  Feb- 
ruary 7,  1791 ;  March  4,  1796 ;  and  April  17,  ISl^.— Hough. 


2632  New  York— 1777 

and  that  the  senate  shall,  in  like  manner  with  the  assembly,  be  the 
judges  of  its  own  members.  And  be  it  ordained,  that  it  shall  be  in 
the  power  of  the  future  legislatures  of  this  State,  for  the  convenience 
and  advantage  of  the  good  people  thereof,  to  divide  the  same  into 
such  further  and  other  counties  and  districts  as  shall  to  them  appear 
necessar3^ 

XIII.  And  this  convention  doth  further,  in  thejiame  and  by  the 
authority  of  the  good  people  of  this  State,  ordaiiij;,  determine,  and 
declare,  that  no  member  of  this  State  shall  be  disfrgtnchrse^d,~<ir  de- 
prived of  any  the  rights  or  privileges  secured  ta.the^ubjects  of)  this 
State  by  this  constitution,  unless  by  the  law  of  the  lajd,  or  th^-judg- 
ment  of  his  peers.  ^ 

XIV.  That  neither  the  assembly  or  the  senate  shall  have  the  power 
to  adjourn  themselves,  for  any  longer  time  than  two  days,  without 
the  mutual  consent  of  both. 

XV.  That  whenever  the  assembly  and  senate  disagree,  a  conference 
shall  be  held,  in  the  preference  of  both,  and  be  managed  by  commit- 
tees, to  be  by  them  respectively  chosen  by  ballot.  That  the  doors, 
both  of  the  senate  and  assembly,  shall  at  all  times  be  kept  open  to 
all  persons,  except  when  the  welfare  of  the  State  shall  require  their 
debates  to  be  kept  secret.  And  the  journals  of  all  their  proceedings 
shall  be  kept  in  the  manner  heretofore  accustomed  by  the  general 
assembly  of  the  colony  of  New  York ;  and  except  such  parts  as  they* 
shall,  as  aforesaid,  respectively  determine  not  to  make  public  be  from 
day  to  day  (if  the  business  of  the  legislature  will  permit)  published. 

XVI.  It  is  nevertheless  provided,  that  the  number  of  senators  shall 
never  exceed  one  hundred,  nor  the  number  of  the  assembly  three  hun- 
dred ;  but  that  whenever  the  number  of  senators  shall  amount  to  one 
hundred,  or  of  the  assembly  to  three  hundred,  then  and  in  such  case 
the  legislature  shall,  from  time  to  time  thereafter,  by  laws  for  that 
purpose,  apportion  and  distribute  the  said  one  hundred  senators  and 
three  hundred  representatives  among  the  great  districts  and  counties 
of  this  State,  in  proportion  to  the  number  of  their  respective  electors ; 
so  that  the  representation  of  the  good  people  of  this  State,  both  in  the 
senate  and  assembly,  shall  forever  remain  proportionate  and  ade- 
quate." 

XVII.  And  this  convention  doth  further,  in  the  name  and  by  the 
authority  of  the  good  people  of  this  State,  ordain,  determine,  and 
declare  that  the  supreme  executive  power  and  authority  of  this  State 
shall  be  vested  in  a  governor;  and  that  statedly,  once  in  every  three 
years,  and  as  often  as  the  s^at  of  government  shall  become  vacant, 
a  wise  and  descreet  freeholder  of  this  State  shall  be,  by  ballot,  elected 
governor,  by  the  freeholders  of  this  State,  qualified,  as  before  de- 
scribed, to  elect  senators ;  which  elections  shall  be  always  held  at  the 
times  and  places  of  choosing  representatives  in  assembly  for  each 
respective  county ;  and  that  the  person  who  hath  the  greatest  number 
of  votes  within  the  said  State  shall  be  governor  thereof. 

XVIII.  That  the  governor  shall  continue  in  office  three  years,  and 
shall,  by  virtue  of  his  office,  be  general  and  commander-in-chief  of  all 
the  militia,  and  admiral  of  the  navy  of  this  State ;  that  he  shall  have 
power  to  convene  the  assembly  and  senate  on  extraordinary  occasions  ; 
to  prorogue  them  from  time  to  time,  provided  such  prorogations  shall 

o  See  amendment. 


I 


New  York— 1777  2633 

not  exceed  sixty  days  in  the  space  of  any  one  year ;  and,  at  his  dis- 
cretion, to  grant  reprieves  and  pardons  to  persons  convicted  of 
crimes,  other  than  treason  or  murder,  in  which  he  may  suspend  the 
execution  of  the  sentence,  until  it  shall  be  reported  to  the  legislature  at 
their  subsequent  meeting;  and  they  shall  either  pardon  or  direct  the 
execution  of  the  criminal,  or  grant  a  further  reprieve. 

XIX.  That  it  shall  be  the  duty  of  the  governor  to  inform  the  leg- 
islature, at  every  session,  of  the  condition  of  the  State,  so  far  as  may 
respect  his  department;  to  recommend  such  matters  to  their  consid- 
eration as  shall  appear  to  him  to  concern  its  good  government,  wel- 
fare, and  prosperity;  to  correspond  with  the  Continental  Congress, 
and  other  States;  to  transact  all  necessary  business  with  the  officers 
of  government,  civil  and  military;  to  take  care  that  the  laws  are 
faithfully  executed  to  the  best  of  his  ability;  and  to  expedite  all 
such  measures  as  may  be  resolved  upon  by  the  legislature. 

XX.  That  a  lieutenant-governor  shall,  at  every  election  of  a  gover- 
nor, and  as  often  as  the  lieutenant-governor  shall  die,  resign,  or  be  re- 
moved from  office,  be  elected  in  the  same  manner  with  the  governor, 
to  continue  in  office  until  the  next  election  of  a  governor;  and  such 
lieutenant-governor  shall,  by  virtue  of  his  office,  be  president  of  the 
senate,  and,  upon  an  equal  division,  have  a  casting  voice  in  their  de- 
cisions, but  not  vote  on  any  other  occasion.  And  in  case  of  the  im- 
peachment of  the  governor,  or  his  removal  from  office,  death,  resigna- 
tion, or  absence  from  the  State,  the  lieutenant-governor  shall  exercise 
all  the  power  and  authority  appertaining  to  the  office  of  governor 
until  another  be  chosen,  or  the  governor  absent  or  impeached  shall  re- 
turn or  be  acquitted :  Provided^  That  where  the  governor  shall,  with 
the  consent  of  the  legislature,  be  out  of  the  State,  in  time  of  war,  at 
the  head  of  a  military  force  thereof,  he  shall  still  continue  in  his  com- 
mand of  all  the  military  force  of  this  State  both  by  sea  and  land. 

XXI.  That  whenever  the  government  shall  be  administered  by  the 
lieutenant-governor,  or  he  shall  be  unable  to  attend  as  president  of 
the  senate,  the  senators  shall  have  power  to  elect  one  of  their  own 
members  to  the  office  of  president  or  the  senate,  which  he  shall  exer- 
cise pi'o  hac  vice.  And  if,  during  such  vacancy  of  the  office  of  gov- 
ernor, the  lieutenant-governor  shall  be  impeached,  displaced,  resign, 
die,  or  be  absent  from  the  State,  the  president  of  the  senate  shall,  in 
like  manner  as  the  lieutenant-governor,  administer  the  government, 
until  others  shall  be  elected  by  the  suffrage  of  the  people,  at  the  suc- 
ceeding election. 

XXII.  And  this  convention  doth  further,  in  the  name  and  by  the 
authority  of  the  good  people  of  this  State,  ordain,  determine,  and 
declare,  that  the  treasurer  of  this  State  shall  be  appointed  by  act  of 
the  legislature,  to  originate  with  the  assembly:  Provided^  that  he 
shall  not  be  elected  out  of  either  branch  of  the  legislature. 

XXIII.  That  all  officers,  other  than  those  who,  by  this  constitution, 
are  directed  to  be  otherwise  appointed,  shall  be  appointed  in  the  man- 
ner following,  to  wit :  The  assembly  shall,  once  in  every  year,  openly 
noininate  and  appoint  one  of  the  senators  from  each  great  district, 
which  senators  shall  form  a  council  for  the  appointment  of  the  said 
officers,  of  which  the  governor  for  the  time  being,  or  the  lieutenant- 
governor,  or  the  president  of  the  senate,  when  they  shall  respectively 
administer  the  government,  shall  be  president  and  have  a  casting 
voice,  but  no  other  vote ;  and  with  the  advice  and  consent  of  the  said 


2634  New  York— 1777 

council,  shall  appoint  all  the  said  officers;  and  that  a  majority  of  the 
said  council  be  a  quorum.*^  And  further,  the  said  senators  shall  not 
be  eligible  to  the  said  council  for  two  years  successively. 

XXIV.  That  all  military  officers  be  appointed  during  pleasure; 
that  all  commissioned  officers,  civil  and  military,  be  commissioned  by 
the  governor;  and  that  the  chancellor,  the  judges  of  the  supreme 
court,  and  first  judge  of  the  county  court  in  every  county,  hold  their 
offices  during  good  behavior  or  until  they  shall  have  respectively  at- 
tained the  age  of  sixty  years. 

XXy.  That  the  chancellor  and  judges  of  the  supreme  court  shall 
not,  at  the  same  time,  hold  any  other  office,  excepting  that  of  Dele- 
gate to  the  general  Congress,  upon  special  occasions ;  and  that  the  first 
judges  of  the  county  courts,  in  the  several  counties,  shall  not,  at  the 
same  time,  hold  any  other  office,  excepting  that  of  Senator  or  Dele- 
gate to  the  general  Congress.  But  if  the  chancellor,  or  either  of  the 
said  judges,  be  elected  or  appointed  to  any  other  office,  excepting  as 
is  before  excepted,  it  shall  be  at  his  option  in  which  to  serve. 

XXVI.  That  sheriffs  and  coroners  be  annually  appointed ;  and  that 
no  person  shall  be  capable  of  holding  either  of  the  said  offices  more 
than  four  years  successively;  nor  the  sheriff  of  holding  any  other 
office  at  the  same  time. 

XXVII.  And  he  it  further  ordained^  That  the  register  and  clerks 
in  chancery  be  appointed  by  the  chancellor ;  the  clerks  of  the  supreme 
court,  by  the  judges  of  the  said  court;  the  clerk  of  the  court  of  pro- 
bate, by  the  judge  of  the  said  court ;  and  the  register  and  marshal  of 
the  court  of  admiralty,  by  the  judge  of  the  admiralty.  The  said 
marshal,  registers,  and  clerks  to  continue  in  office  during  the  pleasure 
of  those  by  whom  they  are  appointed  as  aforesaid. 

And  that  all  attorneys,  solicitors,  and  counsellors  at  law  hereafter 
to  be  appointed,  be  appointed  by  the  court,  and  licensed  by  the  first 
judge  of  the  court  in  which  they  shall  respectively  plead  or  prac- 
tise, and  be  regulated  by  the  rules  and  orders  of  the  said  courts. 

XXVIII.  And  he  it  further  ordained^  That  where,  by  this  con- 
vention, the  duration  of  any  office  shall  not  be  ascertained,  such  office 
shall  be  construed  to  be  held  during  the  pleasure  of  the  council  of 
appointment:  Provided^  That  new  commissions  shall  be  issued  to 
judges  of  the  county  courts  (other  than  to  the  first  judge)  and  to 
justices  of  the  peace,  once  at  the  least  in  every  three  years. 

XXIX.  That  town  clerks,  supervisors,  assessors,  constables,  and 
collectors,  and  all  other  officers,  heretofore  eligible  by  the  people, 
shall  always  continue  to  be  so  eligible,  in  the  manner  directed  by  the 
present  or  future  acts  of  legislature. 

That  loan  officers,  county  treasurers,  and  clerks  of  the  supervisors, 
continue  to  be  appointed  in  the  manner  directed  by  the  present  or 
future  acts  of  the  legislature. 

XXX.  That  Delegates  to  represent  this  State  in  the  general  Con- 
gress of  the  United  States  of  America  be  annually  appointed  as  fol- 
lows, to  wit:  The  senate  and  assembly  shall  each  openly  nominate 
as  many  persons  as  shall  be  equal  to  the  whole  number  of  Delegates 
to  be  appointed;  after  which  nomination  they  shall  meet  together, 
and  those  persons  named  in  both  lists  shall  be  Delegates ;  and  out  of 

o  See  amendment. 


New  York— 1777  2635 

those  persons  whose  names  are  not  on  both  lists,  one-half  shall  be 
chosen  by  the  joint  ballot  of  the  senators  and  members  of  assembly 
so  met  together  as  aforesaid. 

XXXI.  That  the  style  oi  all  laws  shall  be  as  follows,  to  wit :  '^Be 
it  enacted  hy  the  people  of  the  State  of  New  York^  represented  in 
senate  and  assembly;  and  that  all  writs  and  other  proceedings  shall 
run  in  the  name  of  "  The  people  of  the  State  of  Xew  York,"  and  be 
tested  in  the  name  of  the  chancellor,  or  chief  judge  of  the  court  from 
whence  they  shall  issue. 

XXXII.  And  this  convention  doth  further,  in  the  name  and  by  the 
authority  of  the  good  people  of  this  State,  ordain,  determine,  and 
declare,  that  a  court  shall  be  instituted  for  the  trial  of  impeachments, 
and  the  correction  of  errors,  under  the  regulations  which  shall  be 
established  by  the  legislature;  and  to  consist  of  the  president  of  the 
senate,  for  the  time  being,  and  the  senators,  chancellor,  and  judges  of 
the  supreme  court,  or  the  major  part  of  them;  except  that  when  an 
impeachment  shall  be  prosecuted  against  the  chancellor,  or  either  of 
the  judges  of  the  supreme  court,  the  person  so  impeached  shall  be 
suspended  from  exercising  his  office  until  his  acquittal;  and,  in  like 
manner,  when  an  appeal  from  a  decree  in  equity  shall  be  heard,  the 
chancellor  shall  inform  the  court  of  the  reasons  of  his  decree,  but 
shall  not  have  a  voice  in  the  final  sentence.  And  if  the  cause  to  be 
determined  shall  be  brought  up  by  writ  of  error,  on  a  question  of  law, 
on  a  judgment  in  the  supreme  court,  the  judges  of  that  court  shall 
assign  the  reasons  of  such  their  judgment,  but  shall  not  have  a  voice 
for  its  affirmance  or  reversal. 

XXXIII.  That  the  power  of  impeaching  all  officers  of  the  State, 
for  mal  and  corrupt  conduct  in  their  respective  offices,  be  vested  in  the 
representatives  of  the  people  in  assembly ;  but  that  it  shall  always  be 
necessary  that  two  third  parts  of  the  members  present  shall  consent  to 
and  agree  in  such  impeachment.  That  previous  to  the  trial  of  every 
impeachment,  the  members  of  the  said  court  shall  respectively  be 
sworn  truly  and  impartially  to  try  and  determine  the  charge  in 
question,  according  to  evidence;  and  that  no  judgment  of  the  said 
court  shall  be  valid  unless  it  be  assented  to  by  two  third  parts  of 
the  members  then  present;  nor  shall  it  extend  farther  than  to  re- 
moval from  office,  and  disqualification  to  hold  or  enjoy  any  place 
of  honor,  trust,  or  profit  under  this  State.  But  the  party  so  con- 
victed shall  be,  nevertheless,  liable  and  subject  to  indictment,  trial, 
judgment,  and  punishment,  according  to  the  laws  of  the  land. 

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

XXXV.  And  this  convention  doth  further,  in  the  name  and  by  the 
authority  of  the  good  people  of  this' State,  ordain,  determine,  and 
declare  that  such  parts  of  the  common  law  of  England,  and  of  the 
statute  law  of  England  and  Great  Britain,  and  of  the  acts  of  the 
legislature  of  the  colony  of  New  York,  as  together  did  form  the  law 
of  the  said  colony  on  the  19th  day  of  April,  in  the  year  of  our 
Lord  one  thousand  seven  hundred  and  seventy-five,  shall  be  and 
continue  the  law  of  this  State,  subject  to  such  alterations  and  pro- 
visions as  the  legislature  of  this  State  shall,  from  time  to  time,  make 
concerning  the  same.    That  such  of  the  said  acts,  as  are  temporary, 


^K  contini 
^B  visions 


2636  New  York— 1771 

shall  expire  at  the  times  limited  for  their  duration,  respectively. 
That  all  such  parts  of  the  said  common  law,  >and  all  such  of  the 
said  statutes  and  acts  aforesaid,  or  parts  thereof,  as  may  be  con- 
strued to  establish  or  maintain  any  particular  denomination  of  Chris- 
tians or  their  ministers,  or  concern  the  allegiance  heretofore  yielded 
to,  and  the  supremacy,  sovereignty,  government,  or  prerogatives 
claimed  or  exercised  by,  the  King  of  Great  Britain  and  his  prede- 
cessors, over  the  colotiy  of  New  York  and  its  inhabitants,  or  are 
repugnant  to  this  constitution,  be,  and  they  hereby  are,  abt^dgated  and 
rejected.  And  this  convention  doth  further  ordain,  that  the  resolves 
or  resolutions  of  the  congresses  of  the  colony  of  New  York,  and  of 
the  convention  of  the  State  of  New  York,  now  in  force,  and  not 
repugnant  to  the  government  established  by  this  constitution,  shall 
be  considered  as  making  part  of  the  laws  of  this  State;  subject, 
nevertheless,  to  such  alterations  and  provisions  as  the  legislature 
of  this  State  may,  from  time  to  time,  make  concerning  the  same. 

XXXVI.  And  he  it  further  ordained^  That  all  grants  of  lands 
within  this  State,  made  by  the  King  of  Great  Britian,  or  persons  act- 
ing under  his  authority,  after  the  fourteenth  day  of  October,  one 
thousand  seven  hundred  and  seventy-five,  shall  be  null  and  void; 
but  that  nothing  in  this  constitution  contained  shall  be  construed  to 
affect  any  grants  of  land  within  this  State,  made  by  the  authority  of 
the  said  King  or  his  predecessors,  or  to  annul  any  charters  to  bodies- 
politic  by  him  or  them,  or  any  of  them,  made  prior  to  that  day.  And 
that  none  of  the  said  charters  shall  be  adjudged  to  be  void  by  reason 
of  any  non-user  or  misuser  of  any  of  their  respective  rights  or  privi- 
leges between  the  nineteenth  day  of  April,  in  the  year  of  our  Lord 
one  thousand  seven  hundred  and  seventy-five  and  the  ])ublication  of 
this  constitution.  And  further,  that  all  such  of  the  officers  described 
in  the  said  charters  respectively  as,  by  the  terms  of  the  said  charters, 
were  to  be  appointed  by  the  governor  of  the  colony  of  New  York, 
with  or  without  the  advice  and  consent  of  the  council  of  the  said 
King,  in  the  said  colony,  shall  henceforth  be  appointed  by  the  council 
established  by  this  constitution  for  the  appointment  of  officers  in  this 
State,  until  otherwise  directed  by  the  legislature. 

XXXVII.  And  whereas  it  is  of  great  importance  to  the  safety  of 
this  State  that  peace  and  amity  with  the  Indians  within  the  same 
be  at  all  times  supported  and  maintained ;  and  whereas  the  frauds  too 
often  practised  towards  the  said  Indians,  in  contracts  made  for  their 
lands,  have,  in  divers  instances,  been  productive  of  dangerous  dis- 
contents and  animosities:  Be  it  ordained,  that  no  purchases  or  con- 
tracts for  the  sale  of  lands,  made  since  the  fourteenth  day  of  October, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and  seventy-five, 
or  which  may  hereafter  be  made  with  or  of  the  said  Indians,  within 
the  limits  of  this  State,  shall  be  binding  on  the  said  Indians,  or 
deemed  valid,  unless  made  under  the  authority  and  with  the  consent 
of  the  legislature  of  this  State. 

XXXVIII.  And  whereas  we  are  required,  by  the  benevolent  prin- 
ciples of  rational  liberty,  not  only  to  expel  civil  tyranny,  but  also  to 
guard  against  that  spiritual  oppression  and  intolerance  wherewith 
the  bigotry  and  ambition  of  weak  and  wicked  priests  and  princes 
have  scourged  mankind,  this  convention  doth  further,  in  the  name 


New  York— 1777  2637 

and  by  the  authority  of  the  good  people  of  this  State,  ordain,  de- 
termine, and  declare,  that  the  free  exercise  and  enjoyment  of  re- 
ligious profession  and  worship,  without  discrimination  or  preference, 
shall  forever  hereafter  be  allowed,  within  this  State,  to  all  mankind : 
Provided^  That  the  liberty  of  conscience,  hereby  granted,  shall  not 
be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  prac- 
tices inconsistent  with  the  peace  or  safety  of  this  State. 

XXXIX.  And  whereas  the  ministers  of  the  gospel  are,  by  their 
profession,  dedicated  to  the  service  of  God  and  the  care  of  souls,  and 
ought  not  to  be  diverted  from  the  great  duties  of  their  function; 
therefore,  no  minister  of  the  gospel,  or  priest  of  any  denomination 
whatsoever,  shall,  at  any  time  hereafter,  under  any  pretence  or  de- 
scription whatever,  be  eligible  to,  or  capable  of  holding,  any  civil  or 
military  office  or  place  within  this  State. 

XL.  And  whereas  it  is  of  the  utmost  importance  to  the  safety  of 
every  State  that  it  should  ahvays  be  in  a  condition  of  defence ;  and  it 
is  the  duty  of  every  man  who  enjoys  the  protection  of  society  to  be 
prepared  and  willing  to  defend  it;  this  convention  therefore,  in  the 
name  and  by  the  authority  of  the  good  people  of  this  State,  doth 
ordain,  determine,  and  declare  that  the  militia  of  this  State,  at  all 
times  hereafter,  as  well  in  peace  as  in  war,  shall  be  armed  and  disci- 
plined, and  in  readiness  for  service.  That  all  such  of  the  inhabitants 
of  this  State  being  of  the  people  called  Quakers  as,  from  scruples  of 
conscience,  may  be  averse  to  the  bearing  of  arms,  be  therefrom  ex- 
cused by  the  legislature ;  and  do  pay  to  the  State  such  sums  of  money, 
in  lieu  of  their  personal  service,  as  the  same  may,  in  the  judgment  of 
the  legislature,  be  worth.**  And  that  a  proper  magazine  of  warlike 
stores,  proportionate  to  the  number  of  inhabitants,  be,  forever  here- 
after, at  the  expense  of  this  State,  and  by  acts  of  the  legislature, 
established,  maintained,  and  continued  in  every  county  in  this  State. 

XLI.  And  this  convention  doth  further  ordain,  determine,  and 
declare,  in  the  name  and  by  the  authority  of  the  good  people  of  this 
State,  that  trial  by  jury,  in  all  cases  in  w^hich  it  hath  heretofore  been 
used  in  the  colony  of  New  York,  shall  be  established  and  remain 
inviolate  forever.  And  that  no  acts  of  attainder  shall  be  passed  by 
the  legislature  of  this  State  for  crimes,  other  than  those  committed 
before  the  termination  of  the  present  war;  and  that  such  acts  shall 
not  work  a  corruption  of  blood.^  And  further,  that*  the  legislature  of 
this  State  shall,  at  no  time  hereafter,  institute  any  new  court  or  courts, 
but  such  as  shall  proceed  according  to  the  course  of  the  common  law. 

XLII.  And  this  convention  doth  further,  in  the  name  and  by  the 
authority  of  the  good  people  of  this  State,  ordain,  determine,  and 
declare  that  it  shall  be  in  the  discretion  of  the  legislature  to  natural- 
ize all  such  persons,  and  in  such  manner,  as  they  shall  think  proper : 
Provided^  All  such  of  the  persons  so  to  be  by  them  naturalized,  as 
being  born  in  parts  beyond  sea,  and  out  of  the  United  States  of 
America,  shall  come  to  settle  in  and  become  subjects  of  tjiis  State, 

»This  exemption-fee  was  fixed  at  £10  per  annum- by  the  act'of  April  3,  1778, 
organizing  the  militia  of  the  State. — Hough. 

ft  By  an  act  of  October  23, 1770,  fifty-eight  persons,  of  whom  three  were  females, 
were  attainted  and  banished  from  the  State  for  adherence  to  the  enemy.  This 
is  the  only  act  passed  under  the  above  clause. — Hough. 


2638  New  York— 1801 

shall  take  an  oath  of  allegiance  to  this  State,  and  abjure  and  renounce 
all  allegiance  and  subjection  to  all  and  every  foreign  king,  prince, 
potentate,  and  State  in  all  matters,  ecclesiastical  as  well  as  civil.'^ 
By  order. 

Leonard  Gansevoort, 
President  pro  tempore. 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1777  *  ^ 

In  Convention  of  Delegates, 

Albany,  October  27, 1801. 

Whereas  the  legislature  of  this  State,  by  their  act  passed  the  sixth 
day  of  April  last,  did  propose  to  the  citizens  of  this  State  to  elect  by 
ballot  delegates  to  meet  in  convention,  "  fpr  the  purpose  of  consider- 
ing the  parts  of  the  constitution  of  this  State  respecting  the  number 
of  senators  and  members  of  assembly  in  this  State,  and  with  powder 
to  reduce  and  limit  the  number  of  them  as  the  said  convention  might 
deem  proper ;  and  also  for  the  purpose  of  considering  and  determin- 
ing the  true  construction  of  the  twenty-third  article  of  the  constitu- 
tion of  this  State,  relative  to  the  right  of  nomination  to  office ;  " 

And  -whereas  the  people  of  this  State  have  elected  the  members  of 
this  convention  for  the  purpose  above  expressed ;  and  this  convention 
having  maturely  considered  the  subjects  thus  submitted  to  their  de- 
termination, do,  in  the  name  and  by  the  authority  of  the  people  of  this 
State,  ordain,  determine,  and  declare : 

I.  That  the  number  of  the  mejnbers  of  the  assembly  hereafter  to  be 
elected  shall  be  one  hundred,  and  shall  never  exceed  one  hundred  and 
fifty. 

II.  That  the  legislature  at  their  next  session  shall  apportion  the 
said  one  hundred  meinbers  of  the  assembly  among  the  several  counties 
of  this  State,  as  nearly  as  may  be,  according  to  the  number  of  electors 
v^hich  shall  be  found  to  be  in  each  county  by  the  census  directed  to 
be  taken  in  the  present  year. 

III.  That  from  the  first  Monday  in  July  next,  the  number  of  the 
senators  shall  be  permanently  thirty-two,  and  that  the  present  number 
of  senators  shall  be  reduced  to  thirty-two  in  the  following  manner, 
that  is  to  say:  The  seats  of  the  eleven  senators  composing  the  first 
class,  whose  time  of  service  will  expire  on  the  first  Monday  in  July 
next,  shall  not  be  filled  up;  and  out  of  the  second  class  the  seats  of 
one  senator  from  the  middle  district  and  of  one  senator  from  the 

*  See  "  Journal  of  the  Convention  of  the  State  of  New  York,  Begun  and  held 
at  the  city  of  Albany  on  the  13th  Day  of  October,  1801.  Albany:  Printed  by 
John  Barber,  Printer  to  the  Convention,  MDCCCI."    pp.  42. 

o  The  custom  of  naturalizing  aliens  by  special  act  was  first  introduced  by  the 
colonial  general  assembly  in  1717,  and  was  continued  by  the  State  legislature 
until  the  adoption  of  the  Federal  Constitution  in  1789.  After  that  date  the 
right  to  hold  land  upon  declaring  an  intention  to  become  naturalized  was  granted 
by  special  act  until  1825,  when  a  general  law  for  this  purpose  was  passed. — 
Hough. 

6  These  amendments  were  framed  by  a  convention  which  assembled  at  Albany 
October  13,  1801,  and  terminated  its  labors  October  27,  1801.  They  were  not 
submitted  to  the  people  for  ratification. 


New  York— 1801-1821  2639 

southern  district  shall  be  vacated  by  the  senators  of  those  districts  be- 
longing to  that  class  casting  lots  among  themselves ;  out  of  the  third 
class,  the  seats  of  two  senators  from  the  middle  district  and  of  one 
senator  from  the  eastern  district,  shall  be  vacated  in  the  same  manner ; 
out  of  the  fourth  class,  the  seats  of  one  senator  from  the  middle  dis- 
trict, of  one  senator  from  the  eastern  district,  and  of  one  senator  from 
the  western  district  shall  be  vacated  in  the  same  manner ;  and  if  any 
of  the  said  classes  shall  neglect  to  cast  lots,  the  senate  shall  in  such 
case  proceed  to  cast  lots  for  such  class  or  classes  so  neglecting.  And 
that  eight  senators  shall  be  chosen  at  the  next  election  in  such  districts 
as  the  legislature  shall  direct,  for  the  purpose  of  apportioning  the 
whole  number  of  senators  amongst  the  four  great  districts  of  this 
State,  as  nearly  as  may  be,  according  to  the  number  of  electors  quali- 
fied to  vote  for  senators,  which  shall  be  found  to  be  in  each  of  the  said 
districts  by  the  census  above  mentioned;  which  eight  senators  so  to 
be  chosen  shall  form  the  first  class. 

IV.  That  from  the  first  Monday  in  July  next,  and  on  the  return  of 
every  census  thereafter,  the  number  of  the  assembly  shall  be  increased 
at  the  rate  of  two  members  for  every  year,  until  the  whole  number 
shall  amount  to  one  hundred  and  fifty ;  and  that  upon  the  return  of 
every  such  census,  the  legislature  shall  apportion  the  senators  and 
members  of  the  assembly  amongst  the  great  districts  and  counties  of 
this  State,  as  nearly  as  may  be,  according  to  the  number  of  their 
respective  electors :  Provided,  That  the  legislature  shall  not  be  pro- 
hibited by  anything  herein  contained  from  allowing  one  member  of 
assembly  to  each  county  heretofore  erected  within  this  State. 

V.  And  this  convention  do  further,  in  the  name  and  by  the  authority 
of  the  people  of  this  State,  ordain,  determine,  and  declare,  that  by 
the  true  construction  of  the  twenty-third  article  of  the  constitution 
of  this  State,  the  right  to  nominate  all  officers,  other  than  those  who 
by  the  constitution  are  directed  to  be  otherwise  appointed,  is  vested 
concurrently  in  the  person  administering  the  government  of  this 
State  for  the  time  being  and  in  each  of  the  members  of  the  council  of 
appointment. 

By  order. 

Attest :  A.  Burr,  President 

James  Van  Ingen, 

Joseph  Constant, 

Secretaries. 


CONSTITUTION  OF  NEW  YORK— 1821  *  « 

We,  the  people  of  the  State  of  New  York,  acknowledging  with 
gratitude  the  grace  and  beneficence  of  God  in  permitting  us  to  make 
choice  of  our  form  of  government,  do  establish  this  constitution. 

*  See  "  Report  of  the  Debates  and  Proceedings  of  the  Convention  of  the  State 
of  New  York  Held  at  the  Capitol,  in  the  City  of  Albany,  on  the  28th  day  of 
August,  1821.  By  L.  H.  Clarke,  New  York:  Printed  by  J.  Seymour,  49  John 
Street.     Nov.  1821."    pp.  354-359. 

"Journal  of  the  Convention  of  the  State  of  New^-York.  Begun  and  held  at 
the  Capitol  in  the  City  of  Albany,  on  the  twenty-eighth  Day  of  August,  1821. 
Albany :   Printed  by  Contiur  and  Leake,  Printers  to  the  State.     1821."    pp.  564. 

"Reports  of  the  Proceedings  and  Debates  of  the  Convention  of  1821,  assem- 


2640  New  York— 1821 

Article  I 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
senate  and  assembly. 

Sec.  2.  The  senate  shall  consist  of  thirty-two  members.  The  sen- 
ators shall  be  chosen  for  four  years,  and  shall  be  freeholders.  The 
assembly  shall  consist  of  one  hundred  and  twenty-eight  members, 
who  shall  be  annually  elected. 

Sec.  3.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business.  Each  house  shall  determine  the  rules  of  its  own  proceed- 
ings, and  be  the  judge  of  the  qualifications  of  its  own  members. 
Each  house  shall  choose  its  own  officers;  and  the  senate  shall  choose 
a  temporary  president  when  the  lieutenant-governor  shall  not  attend 
as  president  or  shall  act  as  governor. 

Sec.  4.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same,  except  such  parts  as  may  require  secrecy.  The 
doors  of  each  house  shall  be  kept  open,  except  when  the  public  wel- 
fare shall  require  secrecy.  Neither  house  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days. 

Sec.  5.  The  State  shall  be  divided  into  eight  districts,  to  be  called 
senate  districts,  each  of  which  shall  choose  four  senators. 

The  first  district  shall  consist  of  the  counties  of  Suffolk,  Queens, 
Kings,  Kichmond,  and  New  York. 

The  second  district  shall  consist  of  the  counties  of  Westchester, 
Putnam,  Dutchess,  Eockland,  Orange,  Ulster,  and  Sullivan. 

The  third  district  shall  consist  of  the  counties  of  Greene,  Columbia, 
Albany,  Rensselaer,  Schoharie,  and  Schenectady. 

The  fourth  district  shall  consist  of  the  counties  of  Saratoga,  Mont- 
gomery, Hamilton,  Washington,  Warren,  Clinton,  Essex,  Franklin, 
and  Saint  Lawrence. 

The  fifth  district  shall  consist  of  the  counties  of  Herkimer,  Oneida, 
Madison,  Oswego,  Lewis,  and  Jefferson. 

The  sixth  district  shall  consist  of  the  counties  of  Delaware,  Otsego, 
Chenango,  Broome,  Cortland,  Tompkins,  and  Tioga. 

The  seventh  district  shall  consist  of  the  counties  of  Onondaga, 
Cayuga,  Seneca,  and  Ontario. 

The  eighth  district  shall  consist  of  the  counties  of  Steuben,  Liv- 
ingston, Monroe,  Genesee,  Niagara,  Erie,  Allegany,  Cattaraugus,  and 
Chatauque. 

And  as  soon  as  the  senate  shall  meet,  after  the  first  election  to  be 
held  in  pursuance  of  this  constitution,  they  shall  cause  the  senators 
to  be  divided  by  lot  into  four  classes  of  eight  in  each,  so  that  every 
district  shall  have  one  senator  of  each  class;  the  classes  to  be  num- 
bered one,  two,  three,  and  four.  And  the  seats  of  the  first  class  shall 
be  vacated  at  the  end  of  the  first  year ;  of  the  second  class,  at  the  end 
of  the  second  year ;  of  the  third  class,  at  the  end  of  the  third  year ; 

bled  for  the  purpose  of  amending  the  Constitution  of  the  State  of  New  York : 
containing  all  the  official  Documents,  relating  to  the  Subject,  and  other  valu- 
able matter.  By  Nathaniel  H.  Carter  and  William  L.  Stone,  Reporters;  and 
Marcus  T.  C.  Gould,  Stenographer.  Albany:  Printed  and  Published  by  E.  and 
E.  Hosford.    1821."    pp.  659-670. 

a  This  constitution  was  framed  by  a  convention  which  assembled  at  Albany 
August  28,  1821,  and  completed  its  labors  November  10,  1821.  It  was  ratified 
in  February,  1822,  receiving  74,732  votes  against  41,402  votes. 


New  York— 1821  2641 

of  the  fourth  class,  at  the  end  of  the  fourth  year,  in  order  that  one 
senator  be  annually  elected  in  each  senate  district. 

Sec.  6.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken,  under  the  direction  of  the  legislature,  in  the  year  one  thousand 
eight  hundred  and  twenty-five,  and  at  the  end  of  every  ten  years 
thereafter;  and  the  said  districts  shall  be  so  altered  by  the  legisla- 
ture, at  the  first  session  after  the  return  of  every  enumeration,  that 
each  senate  district  shall  contain,  as  nearly  as  may  be,  an  equal  num- 
ber of  inhabitants,  excluding  aliens,  paupers,  and  persons  of  color 
not  taxed;  and  shall  remain  unaltered  until  the  return  of  another 
enumeration,  and  shall  at  all  times  consist  of  contiguous  territory; 
and  no  county  shall  be  divided  in  the  formation  of  a  senate  district. 

Sec.  T.  The  members  of  the  assembly  shall  be  chosen  by  counties, 
and  shall  be  apportioned  among  the  several  counties  of  the  State,  as 
nearly  as  vrniy  be,  according  to  the  numbers  of  their  respective  inhab- 
itants, excluding  aliens,  paupers,  and  persons  of  color  not  taxed.  An 
apportionment  of  members  of  assembly  shall  be  made  by  the  legisla- 
ture, at  its  first  session  after  the  return  of  every  enumeration;  and 
when  made,  shall  remain  unaltered  until  another  enumeration  shall 
have  been  taken.  But  an  apportionment  of  members  of  the  assembly 
shall  be  made  by  the  present  legislature,  according  to  the  last  enumer- 
ation taken  under  the  authority  of  the  United  States,  as  nearly  as 
may  be.  Every  county  heretofore  established,  and  separately  organ- 
ized, shall  always  be  entitled  to  one  member  of  the  assembly ;  and  no 
new  county  shall  hereafter  be  erected,  unless  its  population  shall  en- 
title it  to  a  member. 

Sec.  8.  Any  bill  may  originate  in  either  house  of  the  legislature; 
and  all  bills  passed  by  one  house  may  be  amended  by  the  other. 

Sec.  9.  The  members  of  the  legislature  shall  receive  for  their  serv- 
ices a  compensation  to  be  ascertained  by  law,  and  paid  out  of  the  pub- 
lic treasury;  but  no  increase  of  the  compensation  shall  take  effect 
during  the  year  in  w^hich  it  shall  have  been  made.  And  no  law  shall 
be  passed  increasing  the  compensation  of  the  members  of  the  legisla- 
ture beyond  the  sum  of  three  dollars  a  day. 

Sec.  10.  No  member  of  the  legislature  shall  receive  any  civil  ap- 
pointment from  the  governor  and  senate,  or  from  the  legislature,  dur- 
ing the  term  for  which  he  shall  have  been  elected. 

Sec.  11.  No  person  being  a  member  of  Congress,  or  holding  any 
judicial  or  military  office  under  the  United  States,  shall  hold  a  seat  in 
the  legislature.  And  if  any  person  shall,  while  a  member  of  the 
legislature,  be  elected  to  Congress,  or  appointed  to  any  office,  civil  or 
military,  under  the  Government  of  the  United  States,  his  acceptance 
thereof  shall  vacate  his  seat. 

Sec.  12.  Every  bill  which  shall  have  passed  the  senate  and  assembly 
shall,  before  it  become  a  law^,  be  presented  to  the  governor;  if  he  ap- 
prove, he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his  ob- 
jections to  that  house  in  which  it  shall  have  originated;  who  shall 
enter  the  objections  at  large  on  their  journal,  and  proceed  to  recon- 
sider it.  If  after  such  reconsideration  two-thirds  of  the  members 
present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections,  to  the  other  house,  by  which  it  shall  likewise  be  reconsid- 
ered ;  and  if  approved  by  two- thirds  of  the  members  present,  it  shall 
become  a  law.     But  in  all  such  cases  the  votes  of  both  houses  shall 


2642  New  York— 1821 

be  determined  by  yeas  and  nays,  and  the  names  of  the  persons  voting 
for  and  against  the  bill  shall  be  entered  on  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days  (Sundays  excepted)  after  it  shall  have  been  pre- 
sented to  him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had 
signed  it,  unless  the  legislature  shall,  by  their  adjournment,  prevent 
its  return ;  in  which  case  it  shall  not  be  a  law. 

Sec.  13.  All  officers  holding  their  offices  during  good  behavior  may 
be  removed  by  joint  resolution  of  the  two  houses  of  the  legislature, 
if  two-thirds  of  all  the  members  elected  to  the  assembly  and  a  ma- 
jority of  all  the  members  elected  to  the  senate  concur  therein. 

Sec.  14.  The  political  year  shall  begin  on  the  first  day  of  January ; 
and  the  legislature  shall,  every  year,  assemble  on  the  first  Tuesday  of 
January,  unless  a  different  day  shall  be  appointed  by  law. 

Sec.  15.  The  next  election  for  governor,  lieutenant-governor,  sen- 
ators and  members  of  assembly,  shall  commence  on  the  first  Monday 
of  November,  one  thousand  eight  hundred  and  twenty-two;  and  all 
subsequent  elections  shall  be  held  at  such  time  in  the  month  of  Oc- 
tober or  November  as  the  legislature  shall  by  law  provide. 

Sec.  16.  The  governor,  lieutenant-governor,  senators  and  members 
of  asse^mbly,  first  elected  under  this  constitution,  shall  enter  on  the 
duties  of  their  respective  offices  on  the  first  day  of  January,  one 
thousand  eight  hundred  and  twenty-three;  and  the  governor,  lieu- 
tenant-governor, senators  and  members  of  assembly,  now  in  office, 
shall  continue  to  hold  the  same  until  the  first  day  of  January,  one 
thousand  eight  hundred  and  twenty-three,  and  no  longer. 

Article  II 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  an  inhabitant  of  this  State  one  year  preceding  any 
election,  and  for  the  last  six  months  a  resident  of  the  town  or  county 
where  he  may  offer  his  vote;  and  shall  have,  within  the  year  next 
preceding  the  election,  paid  a  tax  to  the  State  or  county,  assessed 
upon  his  real* or  personal  property;  or  shall  by  law  be  exempted 
from  taxation ;  or  being  armed  and  equipped  according  to  law,  shall 
have  performed  within  that  year  military  duty  in  the  militia  of  this 
State;  or  who  shall  be  exempted  from  performing  militia  duty  in 
consequence  of  being  a  fireman  in  any  city,  town,  or  village  in  this 
State;  and  also,  every  male  citizen  of  the  age  of  twenty-one  years, 
who  shall  have  been,  for  three  years  next  preceding  such  election,  an 
inhabitant  of  this  State ;  and  for  the  last  year  a  resident  in  the  town 
or  county  where  he  may  offer  his  vote;  and  shall  have  been,  within 
the  last  year,  assessed  to  labor  upon  the  public  highways,  and  shall 
have  performed  the  labor,  or  paid  an  equivalent  therefor,  according 
to  law,  shall  be  entitled  to  vote  in  the  town  or  ward  where  he  actually 
resides,  and  not  elsewhere,  for  all  officers  that  now  are,  or  hereafter 
may  be,  elective  by  the  people;  °  but  no  man  of  .color,  unless  he  shall 
have  been  for  three  years  a  citizen  of  this  State,  and  for  one  year 
next  preceding  any  election  shall  be  seized  and  possessed  of  a  free- 
hold estate  of  the  value  of  two  hundred  and  fifty  dollars,  over  and 
above  all  debts  and  incumbrances  charged  thereon,  and  shall  have 

o  See  amendment. 


New  York— 1821  2643 

been  actually  rated,  and  paid  a  tax  thereon,  shall  be  entitled  to  vote 
at  any  such  election.  And  no  person  of  color  shall  be  subject  to 
direct  taxation  unless  he  shall  be  seized  and  possessed  of  such  real 
estate  as  aforesaid. 

Sec.  2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage 
persons  who  have  been  or  may  be  convicted  of  infamous  crimes. 

Sec.  3.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished. 

Sec.  4.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for 
such  town  officers  as  may  by  law  be  directed  to  be  otherwise  chosen. 

Article  III 

Section  1.  The  executive  power  shall  be  vested  in  a  governor.  He 
shall  hold  his  office  for  two  years;  and  a  lieutenant-governor  shall 
be  chosen  at  the  same  time  and  for  the  same  term. 

Sec.  2.  No  person,  except  a  native  citizen  of  the  United  States, 
shall  be  eligible  to  the  office  of  governor;  nor  shall  any  person  be 
eligible  to  that  office  who  shall  not  be  a  freeholder,  and  shall  not  have 
attained  the  age  of  thirty  years,  and  have  been  five  years  a  resident 
within  this  State ;  unless  he  shall  have  been  absent  during  that  time 
on  public  business  of  the  United  States  or  of  this  State. 

Sec.  3.  The  governor  and  lieutenant-governor  shall  be  elected  at 
the  times  and  places  of  choosing  members  of  the  legislature.  The 
persons  respectively  having  the  highest  number  of  votes  for  governor 
and  lieutenant-governor  shall  be  elected;  but  in  case  two  or  more 
shall  have  an  equal  and  the  highest  number  of  votes  for  governor  or 
for  lieutenant-governor,  the  two  houses  of  the  legislature  shall,  by 
joint  ballot,  choose  one  of  the  said  persons  so  having  an  equal  and 
the  highest  number  of  votes  for  governor  or  lieutenant-governor. 

Sec.  4.  The  governor  shall  be  general  and  commander-in-chief  of 
all  the  militia  and  admiral  of  the  navy  of  the  State.  He  shall  have 
power  to  convene  the  legislature  (or  the, senate  only)  on  extraor- 
dinary occasions.  He  shall  communicate  by  message  to  the  legisla- 
ture at  every  session  the  condition  of  the  State,  and  recommend  such 
matters  to  them  as  he  shall  judge  expedient.  He  shall  transact  all 
necessary  business  with  the  officers  of  government,  civil  and  military. 
He  shall  expedite  all  such  measures  as  may  be  resolved  upon  by  the 
legislature,  and  shall  take  care  that  the  laws  are  faithfully  executed. 
He  shall,  at  stated  times,  receive  for  his  services  a  compensation  which 
shall  neither  be  increased  nor  diminished  during  the  term  for  which 
he  shall  have  been  elected. 

Sec.  5.  The  governor  shall  have  power  to  grant  reprieves  and  par- 
dons, after  conviction,  for  all  offences,  except  treason  and  cases  of 
impeachment.  Upon  convictions  for  treason,  he  shall  have  power  to 
suspend  the  execution  of  the  sentence,  until  the  case  shall  be  reported 
to  the  legislature  at  its  next  meeting,  when  the  legislature  shall  either 
pardon  or  direct  the  execution  of  the  criminal,  or  grant  a  farther 
reprieve. 

Sec.  6.  In  case  of  the  impeachment  of  the  governor,  or  his  removal 
from  office,  death,  resignation,  or  absence  from  the  State,  the  powers 
and  duties  of  the  office  shall  devolve  upon  the  lieutenant-governor 
for  the  residue  of  the  term,  or  until  the  governor  absent  or  impeached 

7254— VOL  5—09 8 


2644  New  York— 1821 

shall  return  or  be  acquitted.  But  when  the  governor  shall,  with  the 
consent  of  the  legislature,  be  out  of  the  State,  in  time  of  war,  at  the 
head  of  a  military  force  thereof,  he  shall  still  continue  commander- 
in-chief  of  all  the  military  force  of  the  State. 

Sec.  7.  The  lieutenant-governor  shall  be  president  of  the  senate, 
but  shall  have  only  a  casting  vote  therein.  If,  during  a  vacancy  of 
the  office  of  governor,  the  lieutenant-governor  shall  be  impeached, 
displaced,  resign,  die,  or  be  absent  from  the  State,  the  president  of  the 
senate  shall  act  as  governor,  until  the  A^acancy  shall  be  filled  or  the 
disability  shall  cease. 

Article  IV 

Section  1.  Militia  officers  shall  be  chosen  or  appointed  as  follows: 
Captains,  subalterns,  and  non-commisisoned  officers  shall  be  chosen 
by  the  written  votes  of  the  members  of  their  respective  companies; 
field-officers  of  regiments  and  separate  battalions,  by  the  written  votes 
of  the  commissioned  officers  of  the  respective  regiments  and  separate 
battalions ;  brigadier-generals,  by  the  field-officers  of  their  respective 
brigades;  major-generals,  brigadier-generals,  and  commanding  offi- 
cers of  regiments  or  separate  battalions  shall  appoint  the  staff-officers 
of  their  respective  divisions,  brigades,  regiments,  or  separate  bat- 
talions. 

Sec.  2.  The  governor  shall  nominate  and,  with  the  consent  of  the 
senate,  appoint  all  major-generals,  brigade-inspectors,  and  chiefs  of 
the  staff  departments,  except  the  adjutant-general  and  commissary- 
general.     The  adjutant-general  shall  be  appointed  by  the  governor. 

Sec.  3.  The  legislature  shall  by  law  direct  the  time  and  manner  of 
electing  militia  officers,  and  of  certifying  their  elections  to  the  gov- 
ernor. 

Sec.  4.  The  commissioned  officers  of  the  militia  shall  be  commis- 
sioned by  the  governor,  and  no  commissioned  officer  shall  be  removed 
from  office,  unless  by  the  senate  on  the  recommendation  of  the  gov- 
ernor, stating  the  grounds  on  which  such  removal  is  recommended, 
or  by  the  decision  of  a  court-martial,  pursuant  to  law.  The  pres- 
ent officers  of  the  militia  shall  hold  their  commission,  subject  to  re- 
moval as  before  provided. 

Sec.  5.  In  case  the  mode  of  election  and  appointment  of  militia 
officers,  hereby  directed,  shall  not  be  found  conducive  to  the  improve- 
ment of  the  militia,  the  legislature  may  abolish  the  same,  and  provide 
by  law  for  their  appointment  and  removal,  if  two-thirds  of  the 
members  present  in  each  house  shall  concur  therein. 

Sec.  6.  The  secretary  of  state,  comptroller,  treasurer,  attorney-gen- 
eral, surveyor-general,  and  commissary-general  shall  be  appointed  as 
follows:  The  senate  and  assembly  shall  each  openly  nominate  one 
person  for  the  said  offices  respectively;  after  which  they  shall  meet 
together,  and  if  they  shall  agree  in  their  nominations,  the  person  so 
nominated  shall  be  appointed  to  the  office  for  which  he  shall  be  nomi- 
nated. If  they  shall  disagree,  the  appointment  shall  be  made  by  the 
joint  ballot  of  the  senators  and  members  of  assembly.  The  treasurer 
shall  be  chosen  annually.  The  secretary  of  state,  comptroller,  attor- 
ney-general, surveyor-general,  and  commissary-general  shall  hold 
their  offices  for  three  years,  unless  sooner  removed  by  concurrent 
resolution  of  the  senate  and  assembly. 


New  York— 1821  2645 

Sec.  T.  The  governor  shall  nominate,  by  message,  in  writing,  and 
with  the  consent  of  the  senate  shall  appoint,  all  judicial  officers, 
except  justices  of  the  peace,  who  shall  be  appointed  in  manner  fol- 
lowing, that  is  to  say :  The  board  of  supervisors  in  every  county  in 
this  State  shall,  at  such  times  as  the  legislature  may  direct,  meet 
together;  and  they,  or  a  majority  of  them  so  assembled,  shall  nomi- 
nate so  many  persons  as  shall  be  equal  to  the  number  of  justices  of 
the  peace  to  be  appointed  in  the  several  towns  in  the  respective 
counties.  And  the  judges  of  the  respective  county  courts,  or  a 
majority  of  them,  shall  also  meet  and  nominate  a  like  number  of  per- 
sons; and  it  shall  be  the  duty  of  the  said  board  of  supervisors  and 
judges  of  county  courts  to  compare  such  nominations,  at  such  time 
and  place  as  the  legislature  may  direct.  And  if  on  such  comparison 
the  said  boards  of  supervisors  and  judges  of  county  courts  shall  agree 
in  their  nominations,  in  all  or  in  part,  they  shall  file  a  certificate  of 
the  nominations  in  which  they  shall  agree  in  the  office  of  the  clerk  of 
the  county;  and  the  person  or  persons  named  in  such  certificates 
shall  be  justices  of  the  peace.  And  in  case  of  disagreement  in  whole 
or  in  part,  it  shall  be  the  further  duty  of  the  said  boards  of  super- 
visors and  judges  respectively  to  transmit  their  said  nominations, 
so  far  as  they  disagree  in  the  same,  to  the  governor,  who  shall  select 
from  the  said  nominations  and  appoint  so  many  justices  of  the  peace 
as  shall  be  requisite  to  fill  the  vacancies.** 

Every  person  appointed  a  justice  of  the  peace  shall  hold  his  office 
fur  four  years,  unless  removed  by  the  county  court,  for  causes  par- 
ticularly assigned  by  the  judges  of  the  said  court.  And  no  justice 
of  the  peace  shall  be  removed  until  he  shall  have  notice  of  the 
charges  made  against  him,  and  an  opportunity  of  being  heard  in  his 
defence. 

Sec.  8.  Sheriffs  and  clerks  of  counties,  including  the  register  and 
clerk  of  the  city  and  county  of  New  York,  shall  be  chosen  by  the 
electors  of  the  respective  counties  once  in  every  three  years,  and  as 
often  as  vacancies  shall  happen.  Sheriffs  shall  hold  no  other  office, 
and  be  ineligible  for  the  next  three  years  after  the  termination  of 
their  offices.  They  may  be  required  by  law  to  renew  their  security 
from  time  to  time ;  and  in  default  of  giving  such  new  security,  their 
offices  shall  be  deemed  vacant.  But  the  county  shall  never  be  made 
responsible  for  the  acts  of  the  sheriff*;  and  the  governor  may  remove 
any  such  sheriff",  clerk,  or  register  at  any  time  within  the  three  years 
for  which  he  shall  be  elected,  giving  to  such  sheriff',  clerk,  or  register 
a  copy  of  the  charge  against  him,  and  an  opportunity  of  being  heard 
in  his  defence,  before  any  removal  shall  be  made. 

Sec.  9.  The  clerks  of  courts,  except  those  whose  appointment 
is  provided  for  in  the  preceding  section,  shall  be  appointed  by  the 
courts  of  which  they  respectively  are  clerks;  and  district  attorneys 
by  the  county  courts.  Clerks  of  courts  and  district  attorneys  shall 
hold  their  offices  for  three  years,  unless  sooner  removed  by  the  courts 
appointing  them. 

Sec.  10.  The  mayors  of  all  the  cities  in  this  State  shall  be  ap- 
pointed anually,  by  the  common  councils  of  the  respective  cities.'' 

Sec.  11.  So  many  coroners  as  the  legislature  may  direct,  not  ex- 
ceeding four  in  each  county,  shall  be  elected  in  the  same  manner  as 

o  See  amendment. 


2646  New  York— 1821 

sheriffs,  and  shall  hold  their  offices  for  the  same  term,  and  be  re- 
movable in  like  manner. 

Sec.  12.  The  governor  shall  nominate  and,  with  the  consent  of  the 
senate,  appoint  masters  and  examiners  in  chancery;  who  shall  hold 
their  offices  for  three  years,  unless  sooner  removed  by  the  senate,  on 
the  recommendation  of  the  governor.  The  registers  and  assistant 
registers  shall  be  appointed  by  the  chancellor,  and  hold  their  offices 
during  his  pleasure. 

Sec.  13.  The  clerk  of  the  court  of  oyer  and  terminer,  and  general 
sessions  of  the  peace,  in  and  for  the  city  and  county  of  New  York, 
shall  be  appointed  by  the  court  of  general  sessions  of  the  peace  in 
said  city,  and  hold  his  office  during  the  pleasure  of  the  said  court; 
and  such  clerks  and  other  officers  of  courts,  whose  appointment  is 
not  herein  provided  for,  shall  be  appointed  by  the  several  courts,  or 
by  the  governor,  with  the  consent  of  the  senate,  as  may  be  directed 
by  law. 

Sec.  14.  The  special  justices,  and  the  assistant  justices,  and  their 
clerks,  in  the  city  of  New  York,  shall  be  appointed  by  the  common 
council  of  the  said  city;  and  shall  hold  their  offices  for  the  same 
term  that  the  justices  of  the  peace  in  the  other  counties  of  this 
State  hold  their  offices,  and  shall  be  removable  in  like  manner. 

Sec.  15.  All  officers  heretofore  elective  by  the  people  shall  continue 
to  be  elected ;  and  all  other  officers  whose  appointment  is  not  provided 
for  by  this  constitution,  and  all  officers  whose  offices  may  be  hereafter 
created  by  law,  shall  be  elected  by  the  people,  or  appointed,  as  may 
by  law  be  directed. 

Sec.  16.  Where  the  duration  of  any  office  is  not  prescribed  by  this 
constitution,  it  may  be  declared  by  law ;  and  if  not  so  declared,  such 
office  shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment. 

Article  V 

Section  1.  The  court  for  the  trial  of  impeachments  and  the  correc- 
tion of  errors  shall  consist  of  the  president  of  the  senate,  the  senators, 
the  chancellor,  and  the  justices  of  the  supreme  court,  or  the  major 
part  of  them ;  but  when  an  im])eachment  shall  be  prosecuted  against 
the  chancellor,  or  any  justice  of  the  supreme  court,  the  person  so  im- 
peached shall  be  suspended  from  exercising  his  office,  until  his  ac- 
quittal ;  and  when  an  appeal  from  a  decree  in  chancery  shall  be  heard, 
the  chancellor  shall  inform  the  court  of  the  reasons  for  his  decree, 
but  shall  have  no  voice  in  the  final  sentence ;  and  when  a  writ  of  error 
shall  be  brought,  on  a  judgment  of  the  supreme  court,  the  justices 
of  that  court  shall  assign  the  reasons  for  their  judgment,  but  shall  not 
have  a  voice  for  its  affirmance  or  reversal. 

Sec.  2.  The  assembly  shall  have  the  power  of  impeaching  all  civil 
officers  of  this  State  for  mal  and  corrupt  conduct  in  office,  and  for  high 
crimes  and  misdemeanors;  but  a  majority  of  all  the  members 
elected  shall  concur  in  an  impeachment.  Before  the  trial  of  an  im- 
peachment, the  members  of  the  court  shall  take  an  oath  or  affirmation 
truly  and  impartially  to  try  and  determine  the  charge  in  question 
according  to  evidence ;  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.  Judgment,  in 
cases  of  impeachment,  shall  not  extend  farther  than  the  removal 


New  York— 1821  2647 

from  office  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust,  or  profit  under  this  State ;  but  the  party  convicted  shall  be  liable 
to  indictment  and  punishment  according  to  law. 

Sec.  3.  The  chancellor  and  justices  of  the  supreme  court  shall  hold 
their  offices  during  good  behavior,  or  until  they  shall  attain  the  age 
of  sixty  years. 

Sec.  4.  The  supreme  court  shall  consist  of  a  chief  justice  and  two 
justices,  any  of  whom  may  hold  the  court. 

Sec.  5.  The  State  shall  be  divided  by  law  into  a  convenient  num- 
ber of  circuits,  not  less  than  four  nor  exceeding  eight,  subject  to  alter- 
ation by  the  legislature  from  time  to  time  as  the  public  good  may 
require;  for  each  of  which  a  circuit  judge  shall  be  appointed,  in  the 
same  manner,  and  hold  his  office  by  the  same  tenure,  as  the  justices 
of  the  supreme  court;  and  who  shall  possess  the  powers  of  a  justice 
of  the  supreme  court  at  chambers,  and  in  the  trial  of  issues  joined  in 
the  supreme  court,  and  in  courts  of  oyer  and  terminer  and  jail- 
delivery.  And  such  equity  powers  may  be  vested  in  the  said  circuit 
judges,  or  in  the  county  courts,  or  in  such  other  subordinate  courts 
as  the  legislature  may  by  law  direct,  subject  to  the  appellate  jurisdic- 
tion of  the  chancellor. 

Sec.  G.  Judges  of  the  county  courts  and  recorders  of  cities  shall 
hold  their  offices  for  five  years,  but  may  be  renewed  by  the  senate, 
on  the  recommendation  or  the  governor,  for  causes  to  be  stated  in 
such  recommendation. 

Sec.  7.  Neither  the  chancellor  nor  justices  of  the  supreme  court, 
nor  any  circuit  judge,  shall  hold  any  other  office  or  public  trust.  All 
votes  for  any  elective  office,  given  by  the  legislature  or  the  people, 
for  the  chancellor  or  a  justice  of  the  supreme  court,  or  circuit  judge, 
during  his  continuance  in  his  judicial  office,  shall  be  void. 

Article  VI 

Members  of  the  legislature  and  all  officers,  executive  and  judicial, 
except  such  inferior  officers  as  may  by  law  be  exempted,  shall,  before 
they  enter  on  the  duties  o*f  their  respective  offices,  take  and  subscribe 
the  following  oath  or  affirmation: 

"  I  do  solemnly  swear  [or  affirm,  as  the  case  may  be]  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  constitution 
of  the  State  of  New  York;  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  quali- 
fication for  any  office  or  public  trust. 

Article  VII 

Section  1.  No  member  of  this  State  shall  be  disfranchised  or  de- 
prived of  any  of  the  rights  or  privileges  secured  to  any  citizen  thereof, 
unless  by  the  law  of  the  land  or  the  judgment  of  his  peers. 

Sec.  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  hereto- 
fore used  shall  remain  inviolate  forever;  and  no  new  court  shall  be 
instituted  but  such  as  shall  proceed  according  to  the  course  of  the 
common  law ;  except  such  courts  of  equity  as  the  legislature  is  herein 
authorized  to  establish. 


2648  New  York— 1821 

Sec.  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be  al- 
lowed in  this  State  to  all  mankind;  but  the  liberty  of  conscience 
hereby  secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentious- 
ness, or  justify  practices  inconsistent  with  the  peace  or  safety  of  this 
State. 

Sec.  4.  And  whereas  the  ministers  of  the  gospel  are,  by  their  pro- 
fession, dedicated  to  the  service  of  God  and  the  cure  of  souls,  and 
ought  not  to  be  diverted  from  the  great  duties  of  their  functions; 
therefore,  no  minister  of  the  gospel,  or  priest  of  any  denomination 
whatsoever,  shall  at  any  time  hereafter,  under  any  pretence  or  de- 
scription whatever,  be  eligible  to  or  capable  of  holding  any  civil  or 
military  office  or  place  within  this  State. 

Sec.  5.  The  militia  of  this  State  shall  at  all  times  hereafter  be 
armed  and  disciplined  and  in  readiness  for  service;  but  all  such  in- 
habitants of  this  State,  of  any  religious  denomination  whatever,  as 
from  scruples  of  conscience  may  be  averse  to  bearing  arms,  shall  be 
excused  therefrom  by  paying  to  the  State  an  equivalent  in  money ;  and 
the  legislature  shall  provide  by  law  for  the  collection  of  such  equiva- 
lent, to  be  estimated  according  to  the  expense,  in  time  and  money,  of 
an  ordinary  able-bodied  militia-man. 

Sec.  6.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

Sec.  7.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  (except  in  cases  of  impeachment,  and  in  cases  of  the 
militia,  when  in  actual  service,  and  the  land  and  naval  forces  in  time 
of  war,  or  which  this  State  may  keep,  with  the  consent  of  Congress, 
in  time  of  peace,  and  in  cases  of  petit  larceny,  under  the  regulation  of 
the  legislature,)  unless  on  presentment  or  indictment  of  a  grand  jury; 
and  in  every  trial  on  impeachment  or  indictment,  the  party  accused 
shall  be  allowed  counsel  as  in  civil  actions.  No  person  shall  be  sub- 
ject, for  the  same  offence,  to  be  twice  put  in  jeopardy  of  life  or  limb ; 
nor  shall  he  be  compelled,  in  any  criminal  case,  to  be  a  witness  against 
himself;  nor  be  deprived  of  life,  liberty,  or  property  without  due 
process  of  law;  nor  shall  private  property  be  taken  for  public  use 
without  just  compensation. 

Sec.  8.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right ;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of 
speech,  or  of  the  press.  In  all  prosecutions  or  indictments  for  libels, 
the  truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libellous  is  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact. 

Sec.  9.  The  assent  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  legislature  shall  be  requisite  to  every  bill  appropriating 
the  public  moneys  or  property  for  local  or  private  purposes,  or 
creating,  continuing,  altering,  or  renewing  any  body  politic  or  cor- 
porate. 

Sec.  10.  The  proceeds  of  all  lands  belonging  to  this  State,  except 
such  parts  thereof  as  may  be  reserved  or  appropriated  to  public  use 


New  York— 1821  2649 

or  ceded  to  the  United  States,  which  shall  hereafter  be  sold  or  dis- 
posed of,  together  with  the  fund  denominated  the  common-school 
fund,  shall  be  and  remain  a  perpetual  fund,  the  interest  of  which  shall 
be  inviolably  appropriated  and  applied  to  the  support  of  common 
schools  throughout  this  State.  Rates  of  toll,  not  less  than  those 
agreed  to  by  the  canal  commissioners,  and  set  forth  in  their  report  to 
the  legislature  of  the  twelfth  of  March,  one  thousand  eight  hundred 
and  twenty-one,  shall  be  imposed  on  and  collected  from  all  parts  of 
the  navigable  communications  between  the  great  western  and  northern 
lakes  and  the  Atlantic  Ocean  which  now  are  or  hereafter  shall  be 
made  and  completed ;  and  the  said  tolls,  together  with  the  duties  on 
the  manufacture  of  all  salt,  as  established  by  the  act  of  the  fifteenth 
of  April,  one  thousand  eight  hundred  and  seventeen,**  and  the  duties 
on  goods  sold  at  auction,  excepting  therefrom  the  sum  of  thirty-three 
thousand  five  hundred  dollars,  otherwise  appropriated  by  the  said 
act;  and  the  amount  of  the  revenue,  established  by  the  act  of  the 
legislature  of  the  thirtieth  of  March,  one  thousand  eight  hundred  and 
twenty,  in  lieu  of  the  tax  upon  steamboat  passengers,  shall  be  and  re- 
main inviolably  appropriated  and  applied  to  the  completion  of  such 
navigable  communications,  and  to  the  payment  of  the  interest  and 
reimbursement  of  the  capital  of  the  money  already  borrowed,  or 
which  hereafter  shall  be  borrowed,  to  make  and  complete  the  same. 
And  neither  the  rates  of  toll  on  the  said  navigable  communications, 
nor  the  duties  on  the  manufacture  of  salt  aforesaid,  nor  the  duties  on 
goods  sold  at  auction,  as  established  by  the  act  of  the  fifteenth  of 
April,  one  thousand  eight  hundred  and  seventeen,  nor  the  amount  of 
the  revenue,  established  by  the  act  of  March  the  thirtieth,  one  thou- 
sand eight  hundred  and  twenty,  in  lieu  of  the  tax  upon  steamboat 
passengers  shall  be  reduced  or  diverted  at  any  time  before  the  full 
and  complete  payment  of  the  principal  and  interest  of  the  money  bor- 
rowed, or  to  be  borrowed,  as  aforesaid.  And  the  legislature  shall 
never  sell  or  dispose  of  the  salt-springs  belonging  to  this  State,  nor 
the  lands  contiguous  thereto  which  may  be  necessary  or  convenient 
for  their  use,  nor  the  said  navigable  communications,  or  any  part  or 
section  thereof,  but  the  same  shall  be  and  remain  the  property  of  this 
State.- 

Sec.  11.  No  lottery  shall  hereafter  be  authorized  in  this  State;  and 
the  legislature  shall  pass  laws  to  prevent  the  sale  of  all  lottery-tickets 
within  this  State,  except  in  lotteries  already  provided  for  by  law. 

Sec.  12.  No  purchase  or  contract  for  the  sale  of  lands  in  this 
State,  made  since  the  fourteenth  day  of  October,  one  thousand  seven 
hundred  and  seventy-five,  or  which  may  hereafter  be  made,  of  or  with 
the  Indians  in  this  State,  shall  be  valid,  unless  made  under  the 
authority  and  with  the  consent  of  the  legislature. 

Sec.  13.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  leg- 
islature of  the  colony  of  New  York,  as  together  did  form  the  law  of 
the  said  colony  on  the  nineteenth  day  of  April,  one  thousand  seven 
hundred  and  seventy-five,  and  the  resolutions  of  the  congress  of  the 
said  colony,  and  of  the  convention  of  the  State  of  New  York,  in  force 
on  the  twentieth  day  of  April,  one  thousand  seven  hundred  and 
seventy-seven,  which  have  not  since  expired,  or  been  repealed  or 

«  See  amendment 


2650  New  York— 1821 

altered;  and  such  acts  of  the  legislature  of  this  State  as  are  now  in 
force,  shall  be  and  continue  the  law  of  this  State,  subject  to  such 
alterations  as  the  legislature  shall  make  concerning  the  same.  But 
all  such  parts  of  the  common  law,  and  such  of  the  said  acts  or  parts 
thereof  as  are  repugnant  to  this  constitution,  are  hereby  abrogated. 

Sec.  14.  All  grants  of  land  within  this  State,  made  by  the  King  of 
Great  Britain,  or  persons  acting  under  his  authority,  after  the  four- 
teenth day  of  October,  one  thousand  seven  hundred  and  seventy-five, 
shall  be  null  and  void;  but  nothing  contained  in  this  constitution 
shall  affect  any  grants  of  land  within  this  State  made  by  the  author- 
ity of  the  said  King  or  his  predecessors,  or  shall  annul  any  charters 
to  bodies  politic  and  corporate,  by  him  or  them  made  before  that  day ; 
or  shall  affect  any  such  grants  or  charters  since  made  by  this  State, 
or  by  persons  acting  under  its  authority ;  or  shall  impair  the  obliga- 
tion 01  any  debts  contracted  by  the  State,  or  individuals,  or  bodies- 
corporate,  or  any  other  rights  of  property,  or  any  suits,  actions,  rights 
of  action,  or  other  proceedings  in  courts  of  justice. 

Article  VIII 

Section  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  the  senate  or  assembly,  and  if  the  same  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered 
on  their  journals,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  legislature  then  next  to  be  chosen ;  and  shall  be  published  for 
three  months  previous  to  the  time  of  making  such  choice ;  and  if  in 
the  legislature  next  chosen  as  aforesaid  such  proposed  amendment  or 
amendments  shall  be  agreed  to  by  two-thirds  of  all  the  members 
elected  to  each  house,  then  it  shall  be  the  duty  of  the  legislature  to 
submit  such  proposed  amendment  or  amendments  to  the  people,  in 
such  manner  and  at  such  time  as  the  legislature  shall  prescribe ;  and 
if  the  people  shall  approve  and  ratify  such  amendment  or  amend- 
ments by  a  majority  of  the  electors  qualified  to  vote  for  members  of 
the  legislature,  voting  thereon,  such  amejidment  or  amendments  shall 
become  part  of  the  constitution. 

Article  IX 

Section  1.  This  constitution  shall  be  in  force  from  the  last  day  of 
December,  in  the  year  one  thousand  eight  hundred  and  twenty-two. 
But  all  those  parts  of  the  same  which  relate  to  the  right  of  suffrage ; 
the  division  of  the  State  into  senate  districts;  the  number  of  mem- 
bers of  the  assembly  to  be  elected,  in  pursuance  of  this  constitution ; 
the  apportionment  of  members  of  assembly ;  the  elections  hereby  di- 
rected to  commence  on  the  first  Monday  of  November,  in  the  year  one 
thousand  eight  hundred  and  twenty-two;  the  continuance  of  the 
members  of  the  present  legislature  in  office  until  the  first  day  of  Janu- 
ary, in  the  year  one  thousand  eight  hundred  and  twenty-three;  and 
the  prohibition  against  authorizing  lotteries;  the  prohibition  against 
appropriating  the  public  moneys  or  property  for  local  or  private  pur- 
poses, or  creating,  continuing,  altering,  or  renewing  any  body  politic 
or  corporate,  without  the  assent  of  two-thirds  of  the  members  elected 


New  York—18M  2651 

to  each  branch  of  the  legislature,  shall  be  in  force  and  take  effect  from 
the  last  day  of  February  next.  The  members  of  the  present  legisla- 
ture shall,  on  the  first  Monday  of  March  next,  take  and  subscribe  an 
oath  or  affirmation  to  support  this  constitution,  so  far  as  the  same 
shall  then  be  in  force.  Sheriffs,  clerks  of  counties,  and  coroners  shall 
be  elected  at  the  election  hereby  directed  to  commence  on  the  first 
Monday  of  November,  in  the  year  one  thousand  eight  hundred  and 
twenty-two,  but  they  shall  not  enter  on  the  duties  of  their  offices  be- 
fore the  first  day  of  January  then  next  following.'  The  commissions 
of  all  persons  holding  civil  offices  on  the  last  day  of  December,  one 
thousand  eight  hundred  and  twenty-two,  shall  expire  on  that  day, 
but  the  officers  then  in  commission  may  respectively  continue  to  hold 
their  said  offices  until  new  appointments  or  elections  shall  take  place 
under  this  constitution. 

Sec.  2.  The  existing  laws  relative  to  the  manner  of  notifying,  hold- 
ing, and  conducting  elections,  making  returns,  and  canvassing  votes 
shall  be  in  force  and  observed  in  respect  to  the  elections  hereby  di- 
rected to  commence  on  the  first  Monday  of  November,  in  the  year 
one  thousand  eight  hundred  and  twenty-two,  so  far  as  the  same  are 
applicable.  And  the  present  legislature  shall  pass  such  other  and 
further  laws  as  may  be  requisite  for  the  execution  of  the  provisions 
of  this  constitution  in  respect  to  elections. 

Done  in  convention,  at  the  capitol  in  the  city  of  iVlbany,  the  tenth 
day  of  November,  in  the  year  one  thousand  eight  hundred  and 
twenty-one,  and  of  the  Independence  of  the  United  States  of  America 
the  forty-sixth.  In  -witness  whereof  we  have  hereunto  subscribed 
our  names. 

Daniel  D.  Tompkins,  President. 
John  F.  Bacon, 
Samuel  S.  Gardiner, 

Secretaries, 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1821* 

(Ratified  September  (5,  7,  8,  182C) 

I.  That  the  people  of  this  State  in  their  several  towns  shall,  at  their 
annual  election,  and  in  such  manner  as  the  legislature  shall  direct, 
elect  by  ballot  their  justices  of  the  peace,  and  the  justices  so  elected 
in  any  town  shall  immediately  thereafter  meet  together,  and,  in  pres- 
ence of  the  supervisor  and  town  clerk  of  the  said  town,  be  divided  by 
lot  into  four  classes,  of  one  in  each  class,  and  be  numbered  one,  two. 
three,  and  four,  and  the  office  of  number  one  shall  expire  at  the  end 
of  the  first  year,  of  number  two  at  the  end  of  the  second  year,  of  num- 
ber three  at  the  end  of  the  third  year,  and  of  number  four  at  the  end 
of  the  fourth  year,  in  order  that  one  justice  may  thereafter  be  annu- 
ally eelcted,  and  that  so  much  of  the  seventh  section  of  the  fourth 
article  of  the  constitution  of  this  State  as  is  inconsistent  with  this 
amendment  be  abrogated. 

*  "  Constitution  of  the  State  of  New  York,  as  adopted  in  Convention,  Oct.  9, 
184(>,  and  address  of  the  Convention  to  the  People;  together  with  the  Present 
Constitntion.  New-York,  published  by  James  S.  Burnton,  274  Bowery.  Albany : 
From  the  steam  press  of  (\-irroll  &  Cook,  IM'inters  to  the  Convention.     184G." 


2652  New  York— 1821 

II.  That  so  much  of  the  first  section  of  the  second  article  of  the 
constitution  as  prescribes  the  qualifications  of  voters,  other  than  per- 
sons of  color,  be,  and  the  same  is  hereby,  abolished,  and  that  the  fol- 
lowing be  substituted  in  the  place  thereof :  "Every  male  citizen  of  the 
age  of  twenty-one  years,  who  shall  have  been  an  inhabitant  of  this 
State  one  year  next  preceding  any  election,  and  for  the  last  six  months 
a  resident  of  the  county  where  he  may  offer  his  vote,  shall  be  entitled 
to  vote  in  the  town  or  ward  where  he  actually  resides,  and  not  else- 
where, for  all  officers  that  now  are  or  hereafter  may  be  elective  by  the 
people." 

(Ratified  1833) 

III.  That  the  duties  on  the  manufacture  of  salt,  as  established  by 
the  act  of  the  fifteenth  of  April,  one  thousand  eight  hundred  and 
seventeen,  and  by  the  tenth  section  of  the  seventh  article  of  the  con- 
stitution of  this  State,  may,  at  any  time  hereafter,  be  reduced  by  an 
act  of  the  legislature  of  this  State,  but  shall  not,  while  the  same  is 
appropriated  and  pledged  by  the  said  section,  be  reduced  below  the 
sum  of  six  cents  upon  each  and  every  bushel,  and  the  said  duties  shall 
remain  inviolably  appropriated  and  applied  as  is  provided  by  the 
said  tenth  section.  And  that  so  much  of  the  said  tenth  section  of 
the  seventh  article  of  the  constitution  of  this  State  as  is  in<3^isistent 
with  this  amendment  be  abrogated. 

IV.  At  the  end  of  the  tenth  section  of  the  fourth  article  of  the  said 
constitution  add  the  following  Avords :  "Except  in  the,  city  of  New 
York,  in  which  city  the  mayor  shall  be  chosen  annually  by  the  electors 
thereof  qualified  to  vote  for  the  other  charter  officers  of  the  said  city, 
and  at  the  time  of  the  election  of  such  officers." 

(Ratified  November,  1835) 

V.  Whenever  a  sufficient  amount  of  money  shall  be  collected  and 
safely  invested  for  the  reimbursement  of  such  part  as  may  then  be  un- 
paid of  the  money  borrowed  for  the  construction  of  the  Erie  and 
Champlain  Canals,  the  tenth  section  of  the  seventh  article  of  the  con- 
stitution of  this  State,  as  far  as  it  relates  to  the  amount  of  duties  on 
the  manufacture  of  salt  and  the  amount  of  duties  on  goods  sold  at 
auction,  shall  cease  and  determine,  and  thereafter  the  duties  on  goods 
sold  at  auction,  excepting  therefrom  the  sum  of  thirty-three  thousand 
five  himdred  dollars,  otherwise  appropriated  by  the  act  of  the 
fifteenth  of  April,  one  thousand  eight  hundred  and  seventeen,  and  the 
duties  on  the  manufacture  of  salt  shall  be  restored  to  the  general  fund. 

(Ratified  November,  1839) 

VI.  Mayors  of  the  several  cities  in  this  State  may  be  elected  an- 
nually by  the  male  inhabitants  entitled  to  vote  for  members  of  the 
common  councils  of  such  cities  respectively,  in  such  manner  as  the 
legislature  shall  by  law  provide,  and  the  legislature  may,  from  time 
to  time,  make  such  provision  by  law  for  the  election  of  any  one  or 
more  such  mayors;  but  until  such  provision  be  made  by  law,  such 
mayors  (excepting  the  mayor  of  the  city  of  New  York)  shall  be  ap- 
pointed in  the  manner  now  provided  by  the  constitution  of  this  State ; 


A 


New  York— 1846  2653 

and  so  much  of  the  tenth  section  of  article  fourth  of  the  constitution 
of  this  State  as  is  inconsistent  with  this  amendment  is  hereby  abro- 
gated. 

(Ratified  November,  1845) 

VII.  No  property  qualification  shall  be  required  to  render  a  person 
eligible  to  or  capable  of  holding  any  public  office  or  public  trust  in 
this  State. 

VIII.  No  judicial  officer  shall  be  removed  by  the  joint  resolution 
of  the  two  houses  of  the  legislature,  or  by  the  senate,  on  the  recom- 
mendation of  the  governor,  unless  the  cause  of  such  removal  shall  be 
entered  on  the  journal  of  both  houses  or  of  the  senate,  as  the  case 
may  be,  and  such  officer,  against  whom  the  legislature  or  the  senate 
may  be  about  to  proceed,  shall  be  served  with  notice  thereof,  accom- 
panied with  a  copy  of  the  causes  alleged  for  his  removal,  at  least 
twenty  days  before  the  day  on  which  either  house  shall  act  thereupon, 
and  shall  have  an  opportunity  to  be  heard  in  his  defence  before  any 
question  shall  be  taken  upon  such  removal;  and  the  yeas  and  nays 
shall  be  entered  upon  the  journals  of  the  senate  or  house,  as  the  case 
may  be. 


CONSTITUTION  OF  NEW  YORK— 1846  « '^ 

We  the  people  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  freedom:  in  order  to  secure  its  blessings,  do  estaJblish 
this  Constitution. 

Article  I 

Section  1.  No  member  of  this  State  shall  be  disfranchised,  or 
deprived  of  any  of  the  rights  or  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

Sec.  2.  The  trial  by  jury,  in  all  cases  in  which  it  has  been  hereto- 
fore used,  shall  remain  inviolate  forever.  But  a  jury  trial  may  be 
waived  by  the  parties  in  all  civil  cases  in  the  manner  to  be  prescribed 
by  law. 

Sec.  8.  The  free  exercise  and  enjoyment  of  religious  profession 
and  worship,  without  discrimination  or  preference,  shall  forever 
be  allowed  in  this  State  to  all  mankind;  and  no  person  shall  be 
rendered  incompetent  to  be  a  witness  on  account  of  his  opinions 
on  matters  of  religious  belief;  but  the  liberty  of  conscience  hereby 
secured  shall  not  be  so  construed  as  to  excuse  acts  of  licentiousness, 
or  justify  practices  inconsistent  with  the  peace  or  safety  of  this 
State. 

«Tlie  Constitution  as  adopted  in  1S46  verified  from  "The  Constitution  of  the 
State  of  New  York,  as  adopted  in  Convention.  Oct.  9,  184G,  New-York :  Pub- 
lished by  James  S.  Burnton,  274  Bowery.  Albany :  From  the  Steam  Press  of 
Carrol  &  (^ook.  Printers  to  the  Convention.     1SG4."    30  pp. 

6  This  Constitution  was  framed  by  a  Convention  which  met  .Tune  1,  184r)  and 
adjourned  October  0,  184(1.  It  was  submitted  to  the  people  in  November, 
184G,  and  adopted  by  a  vote  of  221.528  to  92,430. 


2654  NeiD  York— 18 46 

Sec.  4.  The  privilege  of  the  writ  of  haheas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

Sec.  5.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  shall  cruel  and  unusual  punishment  be  inflicted,  nor  shall 
witnesses  be  unreasonably  detained. 

Sec.  6.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  (except  in  cases  of  impeachment,  and  in  cases  of 
militia,  when  in  actual  service ;  and  the  land  and  naval  forces  in  time 
of  war,  or  which  this  State  may  keep  with  the  consent  of  Congress  in 
time  of  peace-;  and  in  cases  of  petit  larceny,  under  the  regulation  of 
the  Legislature,)  unless  on  presentment  or  indictment  of  a  grand 
jury,  and  in  any  trial  in  any  court  whatever,  the  party  accused  shall 
be  allowed  to  appear  and  defend  in  person  and  with  counsel,  as  in 
civil  actions.  No  person  shall  be  subject  to  be  twice  put  in  jeopardy 
for  the  same  offence ;  nor  shall  he  be  compelled  in  any  criminal  case, 
to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law:  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation. 

Sec.  7.  When  private  property  shall  be  taken  for  any  public  use, 
the  compensation  to  be  made  therefor,  when  such  compensation  is 
not  made  by  the  State,  shall  be  ascertained  by  a  jury,  or  by  not  less 
than  three  commissioners  appointed  by  a  court  of  record,  as  shall  be 
prescribed  by  law.  Private  roads  may  be  opened  in  the  manner 
to  be  prescribed  by  law ;  but  in  every  case  the  necessity  of  the  road, 
and  the  amount  of  all  damage  to  be  sustained  by  the  opening  thereof, 
shall  be  first  determined  by  a  jury  of  freeholders,  and  such  amount, 
together  with  the  expenses  of  the  proceeding,  shall  be  paid  by  the 
person  to  be  benefitted. 

Sec.  8.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  that 
right;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty 
of  speech,  or  of  the  press.  In  all  criminal  prosecutions  or  indict- 
ments for  libels,  the  truth  may  be  given  in  evidence  to  the  jury;  and 
if  it  shall  appear  to  the  jury,  that  the  matter  charged  as  libellous 
is  true,  and  was  published  with  good  motives,  and  for  justifiable 
ends,  the  party  shall  be  acquitted;  and  the  jury  shall  have  the  right 
to  determine  the  law  and  the  fact. 

Sec.  9.  The  assent  of  two-thirds  of  the  members  elected  to  each 
branch  of  the  Legislature,  shall  be  requisite  to  every  bill  appropri- 
ating the  public  moneys  or  property  for  local  or  private  purposes. 

Sec.  10.  No  law  shall  be  passed,  abridging  the  right  of  the  people 
peaceably  to  assemble  and  to  petition  the  government,  or  any  depart- 
ment thereof,  nor  shall  any  divorce  be  granted,  otherwise  than  by 
due  judicial  proceedings,  nor  shall  any  lottery  hereafter  be  author- 
ized or  any  sale  of  lottery  tickets  allowed  within  this  State. 

Sec.  11.  The  People  of  this  State,  in  their  right  of  sovereignty, 
are  deemed  to  possess  the  original  and  ultimate  property  in  and  to 
all  lands  within  the  jurisdiction  of  the  State ;  and  all  lands  the  title 
to  which  shall  fail,  from  a  defect  of  heirs,  shall  revert,  or  escheat  to 
the  people. 

Sec.  12.  All  feudal  tenures  of  every  description,  with  all  their  in- 
cidents, are  declared  to  be  abolished,  saving  however,  all  rents  and 


New  York— me  2655 

service^  certain  which  at  any  time  heretofore  have  been  lawfully 
created  or  reserved. 

Sec.  13.  All  lands  within  this  State  are  declared  to  be  allodial,  so 
that,  subject  only  to  the  liability  to  escheat,  the  entire  and  absolute 
property  is  vested  in  the  owners  according  to  the  nature  of  their  re- 
spective estates. 

Sec.  14.  No  lease  or  grant  of  agricultural  land,  for  a  longer  period 
than  twelve  years,  hereafter,  made  in  which  shall  be  reserved  any  rent 
or  service  of  any  kind,  shall  be  valid. 

Sec.  15.  All  fines,  quarter  sales,  or  other  like  restraints  upon  aliena- 
tion reserved  in  any  grant  of  land,  hereafter  to  be  made,  shall  be  void. 
•  Sec.  16.  No  purchase  or  contract  for  the  sale  of  lands  in  this 
State,  made  since  the  fourteenth  day  of  October  one  thousand  seven 
hundred  and  seventy-five;  or  which  may  hereafter  be  made,  of,  or 
with  the  Indians,  shall  be  valid,  unless  made  under  the  authority, 
and  with  the  consent  of  the  Legislature. 

Sec.  17.  Such  parts  of  the  common  law,  and  of  the  acts  of  the 
Legislature  of  the  colony  of  New- York,  as  together  did  form  the  law 
of  the  said  colony,  on  the  nineteenth  day  of  April  one  thousand  seven 
hundred  and  seventy-five,  and  the  resolutions  of  the  Congress  of  the 
said  colony,  and  oi  the  Convention  of  the  State  of  New-York,  in 
force  on  the  twentieth  day  of  April,  one  thousand  seven  hundred  and 
seventy-seven,  which  have  not  since  expired,  or  been  repealed  or 
altered ;  and  such  acts  of  the  Legislature  of  this  State  as  are  now  in 
force,  shall  be  and  continue  the  law  of  this  State,  subject  to  such  al- 
terations as  the  Legislature  shall  make  concerning  the  same.  But  all 
such  parts  of  the  common  law,  and  such  of  the  said  acts,  or  parts 
thereof,  as  are  repugnant  to  this  Constitution,  are  hereby  abrogated ; 
and  the  Legislature,  at  its  first  session  after  the  adoption  of  this  Con- 
stitution, shall  appoint  three  commissioners,  whose  duty  it  shall  be  to 
reduce  into  a  written  and  systematic  code  the  whole  body  of  the  law  of 
this  State,  or  so  much  and  such  parts  thereof  as  to  the  said  com- 
missioners shall  seem  practicable  and  expedient.  And  the  said  som- 
missioners  shall  specify  such  alterations  and  amendments  therein  as 
they  shall  deem  proper,  and  they  shall  at  all  times  make  reports  of 
their  proceedings  to  the  Legislature,  when  called  upon  to  do  so ;  and 
the  Legislature  shall  pass  laws  regulating  the  tenure  of  office,  the 
filling  of  vacancies  therein,  and  the  compensation  of  the  said  com- 
missioners; and  shall  also  provide  for  the  publication  of  the  said 
code,  prior,  to  its  being  presented  to  the  Legislature  for  adoption. 

Sec.  18.  All  grants  of  land  within  this  State,  made  by  the  King  of 
Great  Britain,  or  persons  acting  under  his  authority,  after  the  four- 
teenth day  of  October,  one  thousand  seven  hundred  and  seventy-five, 
shall  be  null  and  void;  but  nothing  contained  in  this  Constitution 
shall  affect  any  grants  of  land  within  this  State,  made  by  the  author- 
ity of  the  said  king  or  his  predecessors,  or  shall  annul  any  charters 
to  bodies  politic  and  corporate,  by  him  or  them  made,  before  that 
day;  or  shall  affect  any  such  grants  or  charters  since  made  by  this 
State,  or  by  persons  acting  under  its  authority,,  or  shall  impair  the 
obligation  of  any  debts  contracted  by  this  State,  or  individuals,  or 

I  bodies  corporate,   or  any   other   rights  of   property,   or   any   suits, 
actions,  rights  of  actions,  or  other  proceedings  in  courts  of  justice. 
I 


2656  New  York— 1846 

Article  II 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ten  days,  and  an  inhabitant  of  this  State 
one  year  next  preceding  any  election,  and  for  the  last  four  months  a 
resident  of  the  county  where  he  may  offer  his  vote,  shall  be  entitled 
to  vote  at  such  election  in  the  election  district  of  which  he  shall  at 
the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that  now 
are  or  hereafter  may  be  elective  by  the  people;  but  such  citizen  shall 
have  been  for  thirty  days  next  preceding  the  election,  a  resident  of 
the  district  from  w^hich  the  officer  is  to  be  chosen  for  whom  he  offers 
his  vote.  But  no  man  of  color,  unless  he  shall  have  been  for  three 
years  a  citizen  of  this  State,  and  for  one  year  next  preceding  any 
election  shall  have  been  seized  and  possessed  of  a  freehold  estate  of 
the  value  of  two  hundred  and  fifty  dollars,  over  and  above  all  debts 
and  incumbrances  charged  thereon,  and  shall  have  been  actually 
rated  and  paid  a  tax  thereon,  shall  be  entitled  to  vote  at  such  elec- 
tion. And  no  person  of  color  shall  be  subject  to  direct  taxation 
unless  he  shall  be  seized  and  possessed  of  such  real  estate  as  aforesaid. 

Sec.  2.  Laws  may  be  passed  excluding  from  the  right  of  suffrage 
all  persons  who  have  been  or  may  be  convicted  of  bribery,  of  larceny, 
or  of  any  infamous  crime ;  and  for  depriving  every  person  who  shall 
make,  or  become  directly  or  indirectly  interested  in  any  bet  or  wager 
depending  upon  the  result  of  any  election  from  the  right  to  vote  at 
such  election. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence,  by  reason  of  his  presence  or  absence, 
while  employed  in  the  service  of  the  United  States;  nor  while  en- 
gaged in  the  navigation  of  the  waters  of  this  State,  or  of  the  United 
States,  or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of 
learning ;  nor  while  kept  at  any  alms  house,  or  other  asylum,  at 
public  expense ;  nor  while  confined  in  any  public  prison. 

Sec.  4.  Laws  shall  be  made  for  ascertaining  by  proper  proofs  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  es- 
tablished. 

Sec.  5.  All  elections  by  the  citizens  shall  be  by  ballot,  except  for 
such  town  officers  as  may  by  law  be  directed  to  be  otherwise  chosen. 

Article  III 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in  a 
Senate  and  Assembly. 

Sec.  2.  The  Senate  shall  consist  of  thirty-two  members,  and  the 
Senators  shall  be  chosen  for  two  years.  The  Assembly  shall  consist 
of  one  hundred  and  twenty-eight  members,  who  shall  be  annually 
elected. 

Sec.  3.  The  State  shall  be  divided  into  thirty-two  districts,  to  be 
called  Senate  districts,  each  of  which  shall  choose  one  Senator.  The 
districts  shall  be  numbered  from  one  to  thirty- two  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk, 
Richmond  and  Queens. 

District  number  two  (2)  shall  consist  of  the  county  of  Kings. 

Districts  number  three  (3)  number  four  (4)  number  five  (5)  and 
number  six  (6)  shall  consist  of  the  city  and  county  of  New- York; 


New  York— 18^6  2657 

and  the  board  of  supervisors  of  said  city  and  county  shall,  on  or  be- 
fore the  first  day  of  May  one  thousand  eight  hundred  and  forty-seven, 
divide  the  said  city  and  county  into  the  number  of  Senate  Districts, 
to  which  it  is  entitled,  as  near  as  may  be  of  an  equal  number  of  inhab- 
itants, excluding  aliens  and  persons  of  color  not  taxed,  and  consisting 
of  convenient  and  contiguous  territory;  and  no  Assembly  District 
shall  be  divided  in  the  formation  of  a  Senate  District.  The  board 
of  supervisors,  when  they  shall  have  completed  such  division,  shall 
cause  certificates  thereof,  stating  the  number  and  boundaries  of  each 
district  and  the  population  thereof,  to  be  filed  in  the  office  of  the  Sec- 
retary of  State,  and  of  the  clerk  of  the  said  city  and  county. 

District  number  seven  (7)  shall  consist  of  the  counties  of  West- 
chester, Putnam  and  Rockland. 

Distrist  number  eight  (8)  shall  consist  of  the  counties  of  Dutchess 
and  Columbia. 

District  number  nine  (9)  shall  consist  of  the  counties  of  Orange 
and  Sullivan. 

District  number  ten  (10)  shall  consist  of  the  counties  of  Ulster, 
and  Greene. 

District  number  eleven  (11)  shall  consist  of  the  counties  of  Albany 
and  Schenectady. 

District  number  twelve  (12)  shall  consist  of  the  county  of  Rens- 
selaer. 

District  number  thirteen  (13)  shall  consist  of  the  counties  of  Wash- 
ington and  Saratoga. 

District  number  fourteen  (14)  shall  consist  of  the  counties  of  War- 
ren, Essex  and  Clinton. 

District  number  fifteen  (15)  shall  consist  of  the  counties  of  St. 
Lawrence  and  Franklin. 

District  number  sixteen  (16)  shall  consist  of  the  counties  of  Herki- 
mer, Hamilton,  Fulton  and  Montgomery. 

District  number  seventeen  (17)  shall  consist  of  the  counties  of 
Schoharie  and  Delaware. 

District  number  eighteen  (18)  shall  consist  of  the  counties  of  Ot- 
sego and  Chenango. 

District  number  nineteen  (19)  shall  consist  of  the  county  of 
Oneida. 

District  number  twenty  (20)  shall  consist  of  the  counties  of  Madi- 
son and  Oswego. 

District  number  twenty-one  (21)  shall  consist  of  the  counties  of 
Jefferson  and  Lewis. 

District  number  twenty-two  (22)  shall  consist  of  the  county  of 
Onondaga. 

District  number  twenty-three  (23)  shall  consist  of  the  counties  of 
Cortland,  Broome  and  Tioga. 

District  number  twenty-four  (24)  shall  consist  of  the  counties  of 
Cayuga  and  Wayne. 

District  number  twenty -five  (25)  shall  consist  of  the  counties  of 
Tompkins,  Seneca  and  Yates. 

District  number  twenty-six  (26)  shall  consist  of  the  counties  of 
Steuben  and  Chemung. 

District  number  twenty-seven  (27)  shall  consist  of  the  county  of 
Monroe. 


2658  New  York— 1846 

District  number  twenty-eight  (28)  shall  consist  of  the  counties  of 
Orleans,  Genesee  and  Niagara. 

District  number  twenty-nine  (29)  shall  consist  of  the  counties  of 
Ontario  and  Livingston. 

District  number  thirty  (30)  shall  consist  of  the  counties  of  Alle- 
gany and  Wyoming. 

District  number  thirty-one  (31)  shall  consist  of  the  county  of  Erie. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of 
Chautauqua  and  Cattaraugus. 

Sec.  4.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken,  under  the  direction  of  the  Legislature,  in  the  year  one  thou- 
sand eight  hundred  and  fifty-five,  and  at  the  end  of  every  ten  years 
thereafter;  and  the  said  districts  shall  be  so  altered  by  the  Legisla- 
ture, at  the  first  session  after  the  return  of  every  enumeration,  that 
each  Senate  district  shall  contain,  as  nearly  as  may  be,  an  equal  num- 
ber of  inhabitants,  excluding  aliens,  and  persons  of  color  not  taxed, 
and  shall  remain  unaltered  until  the  return  of  another  enumeration, 
and  shall  at  all  times  consist  of  contiguous  territory ;  and  no  county 
shall  be  divided  in  the  formation  of  a  Senate  district,  except  such 
county  shall  be  equitably  entitled  to  two  or  more  Senators. 

Sec.  5.  The  members  of  Assembly  shall  be  apportioned  among  the 
several  counties  of  this  State,  by  the  Legislature,  as  nearly  as  may  be, 
according  to  the  number  of  their  respective  inhabitants,  excluding 
aliens,  and  persons  of  color  not  taxed,  and  shall  be  chosen  by  single 
districts. 

The  several  boards  of  supervisors  in  such  counties  of  this  State,  as 
are  now  entitled  to  more  than  one  member  of  Assembly,  shall  assemble 
on  the  first  Tuesday  of  January  next,  and  divide  their  respective 
counties  into  Assembly  districts  equal  to  the  number  of  members  of 
Assembly  to  which  such  counties  are  now  severally  entitled  by  law, 
and  shall  cause  to  be  filed  in  the  offices  of  the  Secretary  of  State  and 
the  clerks  of  their  respective  counties,  a  description  of  such  Assembly 
districts,  specifying  the  number  of  each  district  and  the  population, 
thereof,  according  to  the  last  preceding  State  enumeration,  as  near 
as  can  be  ascertained.  Each  assembly  district  shall  contain,  as  nearly 
as  may  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  per- 
sons of  color  not  taxed,  and  shall  consist  of  convenient  and  contiguous 
territory ;  but  no  town  shall  be  divided  in  the  formation  of  Assembly 
districts. 

The  Legislature,  at  its  first  session  after  the  return  of  every  enu- 
meration, shall  re-apportion  the  members  of  Assembly  among  the 
several  counties  of  this  State,  in  manner  aforesaid,  and  the  boards 
of  supervisors  in  such  counties  as  may  be  entitled,  under  such  re- 
apportionment, to  more  than  one  member,  shall  assemble  at  such  time 
as  the  Legislature  making  such  re- apportionment  shall  prescribe,  and 
divide  the  counties  into  Assembly  districts,  in  the  manner  herein 
directed;  and  the  apportionment  and  districts  so  to  be  made,  shall 
remain  unaltered  until  another  enumeration  shall  be  taken  under  the 
provisions  of  the  preceding  section. 

Every  county  heretofore  established  and  separately  organized,  ex- 
cept the  county  of  Hamilton,  shall  always  be  entitled  to  one  member 
of  the  Assembly,  and  no  new  county  shall  be  hereafter  erected,  unless 
its  population  shall  entitle  it  to  a  niember. 


New  York— 1846  2659 

The  county  of  Hamilton  shall  elect  with  the  county  of  Fulton, 
until  the  population  of  the  county  of  Hamilton  shall,  acording  to  the 
ratio,  be  entitled  to  a  member. 

Sec.  6.  The  members  of  the  Legislature  shall  receive  for  their 
services  a  sum  not  exceeding  three  dollars  a  day,  from  the  commence- 
ment of  the  session;  but  such  pay  shall  not  exceed  in  the  aggregate 
three  hundred  dollars  for  per  diem  allowance,  except  in  proceedings 
for  impeachment.  The  limitation  as  to  the  aggregate  compensation 
shall  not  take  effect  until  the  year  one  thousand  eight  hundred  and 
forty-eight.  When  convened  in  extra  session  by  the  Governor,  they 
shall  receive  three  dollars  per  day.  They  shall  also  receive  the  sum  of 
one  dollar  for  every  ten  miles  they  shall  travel,  in  going  to  and  return- 
ing from  their  place  of  meeting,  on  the  most  usual  route.  The  Speaker 
of  the  Assembly  shall,  in  virtue  of  his  office  receive  an  additional 
compensation  equal  to  one-third  of  his  per  diem  allowance  as  a 
member. 

Sec.  T.  No  member  of  the  Legislature  shall  receive  any  civil  ap- 
pointment within  this  State,  or  to  the  Senate  of  the  United  States, 
from  the  Governor,  the  Governor  and  Senate,  or  from  the  Legislature, 
during  the  term  for  which  he  shall  have  been  elected;  and  all  such 
appointments,  and  all  votes  given  for  any  such  member,  for  any 
such  office,  or  appointment,  shall  be  void. 

Sec.  8.  No  person  being  a  member  of  Congress,  or  holding  any 
judicial  or  military  office  under  the  United  States,  shall  hold  a  seat 
in  the  Legislature.  And  if  any  person  shall,  after  his  election  as 
a  member  of  the  Legislature,  be  elected  to  Congress,  or  appointed  to 
any  office,  civil  or  military,  under  the  government  of  the  United 
States,  his  acceptance  thereof  shall  vacate  his  seat. 

Sec.  9.  The  elections  of  Senators  and  members  of  Assembly,  pur- 
suant to  the  provisions  of  this  Constitution,  shall  be  held  on  the 
Tuesday  succeeding  the  first  Monday  of  November,  unless  otherAvise 
directed  by  the  Legislature. 

Sec.  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business.  Each  house  shall  determine  the  rules  of  its  own  proceed- 
ings, and  be  the  judge  of  the  elections,  returns  and  qualifications  of 
its  own  members,  shall  choose  its  own  officers;  and  the  Senate  shall 
choose  a  temporary  president,  when  the  Lieutenant-Governor  shall 
not  attend  as  president,  or  shall  act  as  Governor. 

Sec.  11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  the  same,  except  such  parts  as  may  require  secrecy.  The 
doors  of  each  house  shall  be  kept  open,  except  when  the  public  wel- 
fare shall  require  secrecy.  Neither  house  shall,  without  the  consent 
of  the  other,  adjourn  for  more  than  two  days. 

Sec.  12.  For  any  speech  or  debate  in  either  house  of  the  Legis- 
lature, the  members  shall  not  be  questioned  in  any  other  place. 

Sec.  13.  Any  bill  may  originate  in  either  house  of  the  Legislature, 
and  all  bills  passed  by  one  house  may  be  amended  by  the  other. 

Sec.  14.  The  enacting  clause  of  all  bills  shall  be  "The  people  of 
the  State  of  New-York,  represented  in  Senate  and  Assembly,  do 
enact  as  follows,"  and  no  law  shall  be  enacted  except  by  bill. 

Sec.  15.  No  bill  shall  be  passed  unless  by  the  assent  of  a  majority 
of  all  the  members  elected  to  each  branch  of  the  Legislature,  and  the 
question  upon  the  final  passage  shall  be  taken  immediately  upon  its 
last  reading,  and  the  yeas  and  nays  entered  on  the  journal.  '^ 
7254— VOL  5—09 9 


2660  New  York— 1846 

Sec.  16.  No  private  or  local  bill,  which  may  be  passed  by  the 
Legislature,  shall  embrace  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title. 

Sec.  17.  The  Legislature  may  confer  upon  the  boards  of  super- 
visors of  the  several  counties  of  the  State,  such  further  powers  of 
local  legislation  and  administration,  as  they  shall  from  time  to  time 
prescribe. 

Article  IV 

Section  1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  for  two  years:  a  Lieutenant-Governor  shall 
be  chosen  at  the  same  time,  and  for  the  same  term. 

Sec.  2.  No  person,  except  a  citizen  of  the  United  States,  shall  be 
eligible  to  the  office  of  Governor,  nor  shall  any  person  be  eligible  to 
that  office,  who  shall  not  have  attained  the  age  of  thirty  years,  and 
who  shall  not  have  been  five  years  next  preceding  his  election,  a 
resident  within  this  State. 

Sec.  3.  The  Governor  and  Lieutenant-Governor  shall  be  elected  at 
the  times  and  places  of  choosing  members  of  the  Assembly.  The 
persons  respectively  having  the  highest  number  of  votes  for  Gov- 
ernor and  Lieutenant-Governor,  shall  be  elected;  but  in  case  two 
or  more  shall  have  an  equal  and  the  highest  number  of  votes  for 
Governor,  or  for  Lieutenant-Governor,  the  two  houses  of  the  Legis- 
lature, at  its  next  annual  session,  shall,  forthwith,  by  joint  ballot, 
choose  one  of  the  said  persons  so  having  an  equal  and  the  highest 
number  of  votes  for  Governor,  or  Lieutenant-Governor. 

Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State.  He  shall  have  power  to  convene  the 
Legislature  (or  the  Senate  only)  on  extraordinary  occasions.  He 
shall  communicate  by  message  to  the  Legislature,  at  every  session, 
the  condition  of  the  State,  and  recommend  such  matters  to  them  as 
he  shall  judge  expedient.  He  shall  transact  all  necessary  business 
with  the  offices  of  government,  civil  and  military.  He  shall  expe- 
dite all  such  measures,  as  may  be  resolved  upon  by  the  Legislature, 
and  shall  take  care  that  the  laws  are  faithfully  executed.  He  shall, 
at  stated  times,  receive  for  his  services  a  compensation  to  be  estab- 
lished by  law,  which  shall  neither  be  increased  nor  diminished  after 
his  election  and  during  his  continuance  in  office. 

Sec.  5.  The  Governor  shall  have  the  power  to  grant  reprieves, 
commutations  and  pardons  after  conviction,'  for  all  offences  except 
treason  and  cases  of  impeachment,  upon  such  conditions,  and  with 
such  restrictions  and  limitations,  as  he  may  think  proper,  subject  to 
such  regulation  as  may  be  provided  by  law  relative  to  the  manner  of 
applying  for  pardons.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence,  until  the  case  shall 
be  reported  to  the  Legislature  at  its  next  meeting,  when  the  Legisla- 
ture shall  either  pardon,  or  commute  the  sentence,  direct  the  execu- 
tion of  the  sentence,  or  grant  a  further  reprieve.  He  shall  annually 
communicate  to  the  Legislature  each  case  of  reprieve,  commutation 
or  pardon  granted;  stating  the  name  of  the  convict,  the  crime  of 
which  he  was  convicted,  the  sentence  and  its  date,  and  the  date  of  the 
commutation,  pardon  or  reprieve. 

Sec.  6.  In  case  of  the  impeachment  of  the  Governor,  or  his  re- 
moval  from   office,   death,   inability  to   discharge  the   powers   and 


New  York— 1846  2661 

duties  of  the  said  office,  resignation  or  absence  from  the  State,  the 
powers  and  duties  of  the  office  shall  devolve  upon  the  Lieutenant- 
Governor  for  the  residue  of  the  term,  or  until  the  disability  shall 
cease.  But  when  the  Governor  shall,  with  the  consent  of  the  Legis- 
lature, be  out  of  the  State  in  time  of  war,  at  the  head  of  a  military 
force  thereof,  he  shall  continue  commander-in-chief  of  all  the  mili- 
tary force  of  the  State. 

Sec.  7.  The  Lieutenant-Governor  shall  possess  the  same  qualifica- 
tions of  eligibility  for  office  as  the  Governor.  He  shall  be  President 
of  the  Senate,  but  shall  only  have  a  casting  vote  therein.  If  during  a 
vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor  shall  be 
impeached,  displaced,  resign,  die,  or  become  incapable  of  performing 
the  duties  of  his  office,  or  be  absent  from  the  State,  the  President  of 
the  Senate  shall  act  as  Governor,  until  the  vacancy  be  filled,  or  the 
disability  shall  cease. 

Sec.  8.  The  Lieutenant-Governor  shall,  while  acting  as  such,  re- 
ceive a  compensation  which  shall  be  fixed  by  law^,  and  w^hich  shall 
not  be  increased  or  diminished  during  his  continuance  in  office. 

Sec.  9.  Every  bill  which  shall  have  passed  the  Senate  and  Assem- 
bly, shall,  before  it  becomes  a  law,  be  presented  to  the  Governor:  if 
he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it  with  his 
objections  to  that  house,  in  which  it  shall  have  originated;  who  shall 
enter  the  objections  at  large  on  their  journal  and  proceed  to  reconsider 
it.  If  after  such  reconsideration,  two-thirds  of  the  members  present 
shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objec- 
tions to  the  other  house,  by  wdiich  it  shall  likewise  be  reconsidered; 
and  if  approved  by  two-thirds  of  all  the  members  present,  it  shall 
become  a  law,  notwithstanding  the  objections  of  the  Governor.  But 
in  all  such  cases,  the  votes  of  both  houses  shall  be  determined  by  yeas 
.and  nays,  and  the  names  of  the  members  voting  for  and  against  the 
bill,  shall  be  entered  on  the  journal  of  each  house  respectively.  If 
any  bill  shall  not  be  returned  by  the  Governor  within  ten  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
same  shall  be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Legislature  shall,  by  their  adjournment,  prevent  its  return;  in  which 
case  it  shall  not  be  a  law. 

Article  V 

Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer  and 
Attorney-General  shall  be  chosen  at  a  general  election,  and  shall  hold 
their  offices  for  two  years.  Each  of  the  officers  in  this  Article  named 
(excei)t  the  Speaker  of  the  Assembly),  shall  at  stated  times,  during 
his  contimiance  in  office,  receive  for  his  services,  a  compensation, 
which  shall  not  be  increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected;  nor  shall  he  receive,  to  his  use,  any  fees  or 
l)er(iuisites  of  office,  or  other  com])ensation. 

Sec.  2.  A  State  Engineer  and  Surveyor  shall  be  chosen  at  a  gen- 
eral election,  and  shall  hold  his  office  two  years,  but  no  person  shall 
be  elected  to  said  office  who  is  not  a  practical  engineer. 

Sec.  3.  Three  Canal  Commissioners  shall  be  chosen  at  the  general 
election  which  shall  be  held  next  after  the  ado}ition  of  this  Constitu- 
tion, one  of  whom  shall  hold  his  office  for  one  year,  one  for  two  years, 
;uid  one  for  three  years.     The  Conunissioners  of  the  Canal  Fund 


2662  New  York— 18^6 

shall  meet  at  the  Capitol  on  the  first  Monday  of  January,  next  after 
such  election,  and  determine  by  lot  which  of  said  Commissioners  shall 
hold  his  office  for  one  year,  which  for  two,  and  which  for  three  years ; 
and  there  shall  be  elected  annually,  thereafter,  one  Canal  Commis- 
sioner, who  shall  hold  his  office  for  three  years. 

Sec.  4.  Three  Inspectors  of  State  Prisons,  shall  be  elected  at  the 
general  election  which  shall  be  held  next  after  the  adoption  of  this 
Constitution,  one  of  whom  shall  hold  his  office  for  one  year,  one  for 
two  years,  and  one  for  three  years.  The  Governor,  Secretary  of 
State,  and  Comptroller,  shall  meet  at  the  Capitol  on  the  first  Monday 
of  January  next  succeeding  such  election,  and  determine  by  lot  which 
of  said  Inspectors  shall  hold  his  office  for  one  year,  which  for  two, 
and  which  for  three  years;  and  there  shall  be  elected  annually  there- 
after one  Inspector  of  State  Prisons,  who  shall  hold  his  office  for 
three  years,  said  Inspectors  shall  have  the  charge  and  superintend- 
ence of  the  State  prisons,  and  shall  appoint  all  the  officers  therein. 
All  vacancies  in  the  office  of  such  Inspector  shall  be  filled  by  the 
Governor,  till  the  next  election. 

Sec.  5.  The  Lieutenant-Governer,  Speaker  of  the  Assembly,  Secre- 
tary of  State,  Comptroller,  Treasurer,  Attorney-General  and  State 
Engineer  and  Surveyor,  shall  be  the  Commissioners  of  the  Land- 
Office. 

The  Lieutenant-Governor,  Secretary  of  State,  Comptroller,  Treas- 
urer, and  Attorney-General,  shall  be  the  Commissioners  of  the  Canal 
Fund. 

The  Canal  Board  shall  consist  of  the  Commissioners  of  the  Canal 
Fund,  the  State  Engineer  and  Surveyor,  and  the  Canal  Commis- 
sioners. 

Sec.  0.  The  powers  and  duties  of  the  respective  boards,  and  of  the 
several  offices  in  this  Article  mentioned,  shall  be  such  as  now  are  or 
liereafter  may  be  prescribed  by  laAV. 

Sec.  7.  The  Treasurer  may  be  suspended  from  office  by  the  Gov- 
ernor, during  the  recess  of  the  Legislature,  and  until  thirty  days 
after  the  commencement  of  the  next  session  of  the  Legislature,  when- 
ever it  shall  appear  to  him  that  such  Treasurer  has,  in  any  particular, 
violated  his  duty.  The  Governor  shall  appoint  a  competent  person  to 
discharge  the  duties  of  the  office,  during  such  suspension  of  the 
Treasurer. 

Sec.  8.  All  offices  for  the  weighing,  gauging,  measuring,  culling  or 
mspecting  any  merchandize,  produce,  manufacture  or  commodity, 
Avhatever,  are  hereby  abolished,  and  no  such  office  shall  hereafter  be 
created  by  law;  but  nothing  in  this  section  contained,  shall  abrogate 
any  office  created  for  the  purpose  of  protecting  the  ])ublic  health  or 
the  interests  of  the  State  in  its  i)roperty,  revenue,  tolls,  or  purchases, 
or  of  supplying  the  people  with  correct  standards  of  weights  and 
measures,  or  shall  prevent  the  creation  of  any  office  for  such  purposes 
hereafter'. 

Article  VI 

Section  1.  The  Assembly  shall  have  the  power  of  impeachment, 
by  the  vote  of  a  majority  of  all  the  members  elected.  The  court 
for  the  trial  of  impeachments,  shall  be  composed  of  the  President 
of  the  Senate,  the  Senators,  or  a  major  part  of  them,  and  the  judges 


New  York— 1846  2663 

of  the  court  of  appeals,  or  the  major  part  of  them.  On  the  trial  of  an 
impeachment  against  the  Governor,  the  Lieutenant-Governor  shall 
not  act  as  a  member  of  the  court.  No  judicial  officer  shall  exercise 
his  office  after  he  shall  have  been  impeached,  until  he  shall  have  been 
acquitted.  Before  the  trial  of  an  impeachment,  the  members  of  the 
court  shall  take  an  oath  or  affirmation,  truly  and  impartially  to  try 
the  impeachment,  according  to  evidence ;  and  no  person  shall  be  con- 
victed, without  the  concurrence  of  two-thirds  of  the  members  present. 
eJudgment  in  cases  of  impeachment  shall  not  extend  further  than  to 
removal  from  office,  or  removal  from  office  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust  or  profit  under  this  State;  but 
the  party  impeached  shall  be  liable  to  indictment,  and  punishment 
according  to  law. 

Sec.  2.  There  shall  be  a  Court  of  Appeals,  composed  of  eight 
judges,  of  whom  four  shall  be  elected  by  the  electors  of  the  State  for 
eight  3'ears,  and  four  selected  from  the  class  of  Justices  of  the  Su- 
preme Court  having  the  shortest  time  to  serve.  Provision  shall  be 
made  by  law,  for  designating  one  of  the  number  elected,  as  chief 
judge,  and  for  selecting  such  Justices  of  the  Supreme  Coiirt,  from 
time  to  time,  and  for  so  classifying  those  elected,  that  one  shall  be 
elected  every  second  year. 

Sec.  3.  There  shall  be  a  Supreme  Court  having  general  jurisdic- 
tion in  law  and  equity. 

Sec.  4.  The  State  shall  be  divided  into  eight  judicial  districts,  of 
which  the  city  of  New- York  shall  be  one;  the  others  to  be  bounded 
by  county  linCvS  and  to  be  compact  and  equal  in  population  as  nearly 
as  may  be.  There  shall  be  four  Justices  of  the  Supreme  Court  in 
each  district,  and  as  many  more  in  the  district  composed  of  the  city 
of  New- York,  as  may  from  time  to  time  be  authorized  by  law,  but 
not  to  exceed  in  the  whole  such  number  in  proportion  to  its  popula- 
tion, as  shall  be  in  conformity  with  the  number  of  such  judges  in 
the  residue  of  the  State  in  proportion  to  its  population.  They  shall 
be  classified  so  that  one  of  the  justices  of  each  district  shall  go  out  of 
office  at  the  end  of  ev^ery  two  years.  After  the  expiration  of  their 
terms  under  such  classification,  the  term  of  their  office  shall  be  eight 
years. 

Sec.  5.  The  Legislature  shall  have  the  same  powers  to  alter  and 
regulate  the  jurisdiction  and  proceedings  in  law  and  equity,  as  they 
have  heretofore  possessed. 

Sec.  G.  Provision  may  be  made  by  law  for  designating  from  time 
to  time,  one  or  more  of  the  said  justices,  who  is  not  a  judge  of  the 
Court  of  Appeals,  to  preside  at  the  general  terms  of  the  said  court 
to  be  held  in  the  several  districts.  Any  three  or  more  of  the  said 
justices,  of  whom  one  of  the  said  justices  so  designated  shall  always 
be  one,  may  hold  such  general  terms.  And  any  one  or  more  of  the 
justices  may  hold  special  terms  and  circuit  courts,  and  any  one  of 
them  may  preside  in  courts  of  oyer  and  terminer  in  any  county. 

Sec.  7.  The  Judges  of  the  Court  of  Appeals  and  justices  of  the 
Supreme  Court  shall  severally  receive  at  stated  times  for  their 
services,  a  compensation  to  be  established  by  law,  which  shall  not 
be  increased  or  diminished  during  their  continuance  in  office. 

Sec.  8.  They  shall  not  hold  any  other  office  or  public  trust.  All 
votes  for  either  of  them,   for   any  elective   office    (except   that  of 


2664  Neio  York— 1846 

Justice  of  the  Supreme  Court,  or  judge  of  the  court  of  appeals), 
given  by  the  Legislature  or  the  people,  shall  be  void.  They  shall 
not  exercise  any  power  of  appointment  to  public  office.  Any  male 
citizen  of  the  age  of  twenty-one  years,  of  good  moral  character,  and 
who  possesses  the  requisite  qualifications  of  learning  and  ability, 
shall  be  entitled  to  admission  to  practice  in  all  the  courts  of  this 
State. 

Sec.  9.  The  classification  of  the  »Tustices  of  the  Supreme  Court; 
the  times  and  place  of  holding  the  terms  of  the  court  of  appeals, 
and  of  the  general  and  special  terms  of  the  Supreme  Court  within  the 
several  districts,  and  the  circuit  courts  and  courts  of  oyer  and  ter- 
miner within  the  several  counties,  shall  be  provided  for  by  law. 

Sec.  10.  The  testimony  in  equity  cases  shall  be  taken  in  like  man- 
ner as  in  cases  at  law. 

Sec.  11.  Justices  of  the  Supreme  Court  and  judges  of  the  Court  of 
Appeals,  may  be  removed  by  concurrent  resolution  of  both. houses  of 
the  Legislature,  if  two-thirds  of  all  the  members  elected  to  the 
Assembly  and  a  majority  of  all  the  members  elected  to  the  Senate, 
concur  tlierein.  All  judicial  officers,  except  those  mentioned  in  this 
section,  and  except  justices  of  the  peace,  and  judges  and  justices  of 
inferior  courts  not  of  record  may  be  removed  by  the  Senate,  on  the 
recommendation  of  the  Governor;  but  no  removal  shall  be  made  by 
virtue  of  this  section,  unless  the  cause  thereof  be  entered  on  the  jour- 
nals, nor  imless  the  party  complained  of,  shall  have  been  served  with 
a  copy  of  the  complaint  against  him,  and  shall  have  had  an  oppor- 
tunity of  being  heard  in  his  defence.  On  the  question  of  removal, 
the  ayes  and  noes  shall  be  entered  on  the  journals. 

Sec.  12.  The  judges  of  the  Court  of  Appeals  shall  be  elected  by 
the  electors  of  the  State,  and  the  justices  of  the  Supreme  Court  by 
the  electors  of  the  several  judicial  districts,  at  such  times  as  may  be 
prescribed  by  law. 

Sec.  18.  In  case  the  office  of  any  judge  of  the  Court  of  Appeals,  or 
justice  of  the  Supreme  Court,  shall  become  vacant  before  the  expira- 
tion of  the  regular  term  for  Avhich  he  was  elected,  the  vacancy  may 
be  filled  by  appointment  by  the  Governor,  until  it  shall  be  supplied 
at  the  next  general  election  of  judges,  when  it  shall  be  filled  by 
election  for  the  residue  of  the  unexpired  term. 

Sec.  14.  There  shall  be  elected  in  each  of  the  counties  of  this  State, 
except  the  city  and  county  of  New- York,  one  county  judge,  who  shall 
hold  his  office  for  four  years.  He  shall  hold  the  county  court,  and 
perform  the  duties  of  the  office  of  surrogate.  The  count}^  court  shall 
have  such  jurisdiction  in  cases  arising  in  justices  courts,  and  in 
special  cases,  as  the  Legislature  may  prescribe;  but  shall  have  no 
original  civil  jurisdiction,  except  in  such  special  cases. 

The  county  judge,  with  two  justices  of  the  peace  to  be  designated 
according  to  law,  may  hold  courts  of  sessions,  with  such  criminal 
jurisdiction  as  the  Legislature  shall  prescribe,  and  perform  such  other 
duties  as  may  be  required  by  law. 

The  county  judge  shall  receive  an  annual  salary,  to  be  fixed  by  the 
board  of  supervisors,  which  shall  be  neither  increased  nor  diminished 
during  his  continuance  in  office.  The  justices  of  the  peace,  for  serv- 
ices in  courts  of  sessions,  shall  be  paid  a  per  diem  allowance  out  of 
the  county  treasury. 


NeiD  York— 1846  2665 

In  counties  having  a  population  exceeding  forty  thousand,  the 
Legislature  may  provide  lor  the  election  of  a  separate  officer  to  per- 
form the  duties  of  the  office  of  surrogate. 

The  Legislature  may  confer  equity  jurisdiction  in  special  cases 
upon  the  county  judge. 

Inferior  local  courts,  of  civil  and  criminal  jurisdiction,  may  be 
established  by  the  Legislature  in  cities;  and  such  courts,  except  for 
the  cities  of  New- York  and  Buffalo,  shall  have  an  uniform  organiza- 
tion and  jurisdiction  in  such  cities. 

Sec.  15.  The  Legislature  may,  on  application  of  the  board  of  super- 
visors provide  for  the  election  of  local  officers,  not  to  exceed  two  in 
any  county,  to  discharge  the  duties  of- county  judge  and  of  surrogate, 
in  cases  of  their  inability  or  of  a  vacancy,  and  to  exercise  such  other 
powers  in  special  cases  as  may  be  provided  by  law. 

Sec.  16.  The  Legislature  may  reorganize  the  judicial  districts  at 
the  first  session  after  the  return  of  every  enumeration  under  this 
Constitution,  in  the  manner  provided  for  in  the  fourth  section  of  this 
article  and  at  no  other  time ;  and  they  may,  at  such  session,  increase  or 
diminish  the  number  of  districts,  but  such  increase  or  diminution  shall 
not  be  more  than  one  district  at  any  one  time.  Each  district  shall 
have  four  justices  of  the  Supreme  Court;  but  no  diminution  of  the 
districts  shall  have  the  effect  to  remove  a  judge  from  office. 

Sec.  17.  The  electors  of  the  several  towns,  shall,  at  their  annual 
town  meeting,  and  in  such  manner  as  the  Legislature  may  direct, 
elect  justices  of  the  peace,  whose  term  of  office  shall  be  four  years. 
In  case  of  an  election  to  fill  a  vacancy  occurring  before  the  expira- 
tion of  a  full  term  they  shall  hold  for  the  residue  of  the  unexpired 
term.  Their  number  and  classification  may  be  regulated  by  law. 
Justices  of  the  peace  and  judges  or  justices  of  inferior  courts  not  of 
record  and  their  clerks  may  be  removed  after  due  notice  and  an  op- 
portunity of  being  heard  in  their  defence  by  such  county,  city  or 
state  courts  as  may  be  prescribed  by  law,  for  causes  to  be  assigned  in 
the  order  of  removal. 

Sec.  18.  All  judicial  officers  of  cities  and  villages,  and  all  such 
judicial  officers  as  may  be  created  therein  by  law,  shall  be  elected  at 
such  times  and  in  such  manner  as  the  Legislature  may  direct. 

Sec.  19.  Clerks  of  the  several  counties  of  this  State  shall  be  clerks 
of  the  Supreme  Court,  with  such  powers  and  duties  as  shall  be  pre- 
scribed by  law.  A  clerk  for  the  Court  of  Appeals,  to  be  ex-officio 
clerk  of  the  Supreme  Court,  and  to  keep  his  office  at  the  seat  of  gov- 
ernment, shall  be  chosen  by  the  electors  of  the  State;  he  shall  hold 
his  office  for  three  years,  and  his  compensation  shall  be  fixed  by  law 
and  paid  out  of  the  public  Treasury. 

Sec.  20.  No  judicial  officer,  except  justices  of  the  peace  shall  re- 
ceive to  his  own  use,  any  fees  or  perquisites  of  office. 

Sec.  21.  The  Legislature  may  authorize  the  judgments  decrees  and 
decisions  of  any  local  inferior  court  of  record  of  original  civil  juris- 
diction, established  in  a  city,  to  be  removed  for  review  directly  into 
the  Court  of  Appeals. 

Sec.  22.  The  Legislature  shall  provide  for  the  speedy  publication 
of  all  statute  laws,  and  of  such  judicial  decisions  as  it  may  deem  ex- 
pedient. And  all  laws  and  judicial  decisions  shall  be  free  for  pub- 
lication by  any  person. 


2666  New  York— 18 46 

Sec.  23.  Tribunals  of  conciliation  may  be  established,  with  such 
powers  and  duties  as  may  be  prescribed  by  law,  but  such  tribunals 
shall  have  no  power  to  render  judgment  to  be  obligatory  on  the 
parties,  except  they  voluntarily  submit  their  matters  in  difference  and 
agree  to  abide  the  judgment,  or  assent  thereto,  in  the  presence  of  such 
tribunal,  in  such  cases  as  shall  be  prescribed  by  law. 

Sec.  24.  The  Legislature  at  its  first  session  after  the  adoption  of 
this  Constitution,  shall  provide  for  the  appointment  of  three  commis- 
sioners, whose  duty  it  shall  be  to  revise,  reform,  simplify  and  abridge 
the  rules  and  practice,  pleadings,  forms  and  proceedings  of  the  courts 
of  record  of  this  State,  and  to  report  thereon  to  the  Legislature,  sub- 
ject to  their  adoption  and  modification  from  time  to  time. 

Sec.  25.  The  Legislature  at  its  first  session  after  the  adoption  of 
this  Constitution,  shall  provide  for  the  organization  of  the  Court  of 
Appeals,  and  for  transferring  to  it  the  business  pending  in  the  Court 
for  the  Correction  of  Errors,  and  for  the  allowance  of  writs  of  error 
and  appeals  to -the  Court  of  Appeals,  from  the  judgments  and  decrees 
of  the  present  Court  of  Chancery  and  Supreme  Court,  and  of  the 
courts  that  may  be  organized  under  this  Constitution. 

Article  VII 

Section  1.  After  paying  the  expenses  of  collection,  superintend- 
ance  and  ordinary  repairs,  there  shall  be  appropriated  and  set  apart 
in  each  fiscal  year,  out  of  the  revenues  of  the  State  canals,  commenc- 
ing on  the  first  day  of  June,  one  thousand  eight  hundred  and  forty- 
six,  the  sum  of  one  million  and  three  hundred  thousand  dollars  until 
the  first  day  of  June,  one  thousand  eight  hundred  and  fifty-five,  and 
from  that  time  the  sum  of  one  .million  and  seven  hundred  thousand 
dollars  in  each  fiscal  year,  as  a  sinking  fund,  to  pay  the  interest  and 
redeem  the  principal  of  that  part  of  the  State  debt  called  the  canal 
debt,  as  it  existed  at  the  time  first  aforesaid,  and  including  three  hun- 
dred thousand  dollars  then  to  be  borrowed,  until  the  same  shall  be 
wholly  paid ;  and  the  principal  and  income  of  the  said  sinking  fund 
shall  be  sacredly  applied  to  that  purpose. 

Sec.  2.  After  complying  with  the  provisions  of  the  first  section  of 
this  article,  there  shall  be  appointed  and  set  apart  out  of  the  surplus 
revenues  of  the  State  canals,  in  each  fiscal  year,  commencing  on  the 
first  day  of  June,  one  thousand  eight  hundred  and  forty-six,  the  sum 
of  three  hundred  and  fifty  thousand  dollars,  until  the  time  Avhen  a 
sufficient  sum  shall  have  been  appropriated  and  set  apart,  under  the 
said  first  section,  to  pay  the  interest  and  extinguish  the  entire  princi- 
pal of  the  canal  debt ;  and  after  that  period,  then  the  sum  of  one  mil- 
lion and  five  hundred  thousand  dollars  in  each  fiscal  year,  as  a  sinking 
fund,  to  pay  the  interest  and  redeem  the  principal  of  that  part  of  the 
State  debt  called  the  General  Fund  debt,  including  the  debt  for  loans 
of  the  State  credit  to  rail  road  companies  which  have  failed  to  pay  the 
interest  thereon,  and  also  the  contingent  debt  on  State  stocks  loaned 
to  incorporated  companies  which  have  hitherto  paid  the  interest 
thereon,  whenever  and  as  far  as  any  part  thereof  may  become  a 
charge  on  the  Treasurer  or  General  Fund,  until  the  same  shall  be 
wholly  paid ;  and  the  principal  and  income  of  the  said  last  mentioned 
sinking  fund  shall  be  sacredly  applied  to  the  purpose  aforesaid ;  and 


New  York— 1846  2667 

if  the  payment  of  any  part  of  the  monies  to  the  said  sinking  fund 
shall  at  any  time  be  deferred,  by  reason  of  the  priority  recognized  in 
the  first  section  of  this  article,  the  sum  so  deferred,  with  quarterly 
mterest  thereon,  at  the  then  current  rate,  shall  be  paid  to  the  last 
mentioned  sinking  fund,  as  soon  as  it  can  be  done  consistently  with 
the  just  rights  of  the  creditors  holding  said  canal  debt. 

Sec.  3.  After  paying  the  said  expenses  of  superintendance  and 
repairs  of  the  canals,  and  the  sums  appropriated  by  the  first  and 
second  sections  of  this  Article,  there  shall  be  paid  out  of  the  surplus 
revenues  of  the  canals,  to  the  Treasury  of  the  State,  on  or  before  the 
thirtieth  day  of  September,  in  each  year,  for  the  use  and  benefit  of 
the  General  Fund,  such  sum,  not  exceeding  two  hundred  thousand 
dollars,  as  may  be  required  to  defray  the  necessary  expenses  of  the 
State;  and  the  remainder  of  the  revenues  of  the  said  canals  shall,  in 
each  fiscal  year,  be  applied,  in  such  manner  as  the  Legislature  shall 
direct,  to  the  completion  of  the  Erie  Canal  enlargement,  andv  the 
Genesee  Valley  and  Black  River  canals,  until  the  said  canals  shall 
be  completed. 

If  at  any  time  after  the  period  of  eight  years  from  the  adoption 
of  this  Constitution,  the  revenues  of  the  State,  unappropriated  by 
this  article,  shall  not  be  sufficient  to  defray  the  necessary  expenses 
of  the  government,  without  continuing  or  laying  a  direct  tax,  the 
Legislature  may,  at  its  discretion,  supply  the  deficiency,  in  whole  or 
in  part,  from  the  surplus  revenues  of  the  canals,  after  complying 
with  the  provisions  of  the  first  tw^o  sections  of  this  article,  for  paying 
the  interest  and  extinguishing  the  principal  of  the  Canal  and  General 
Fund  debt;  but  the  sum  thus  appropriated  from  the  surplus  rev- 
enues of  the  canals  shall  not  exceed  annually  three  hundred  and  fifty 
thousand  dollars,  including  the  sum  of  two  hundred  thousand  dollars, 
provided  for  by  this  section  for  the  expenses  of  the  government, 
until  the  General  Fund  debt  shall  be  extinguished,  or  until  the  Erie 
Canal  enlargement  and  Genessee  Valley  and  Black  River  Canals 
shall  be  completed,  and  after  that  debt  shall  be  paid,  or  the  said 
canals  shall  be  comi)leted,  then  the  sum  of  six  hundred  and  seventy- 
two  thousand  five  hundred  dollars,  or  so  much  thereqf  as  shall  be 
necessary,  may  be  annually  appropriated  to  defray  the  expenses  of 
the  government. 

Sec.  4.  The  claims  of  the  State  against  any  incorporated  company 
to  pay  the  interest  and  redeem  the  principal  of  the  stock  of  the  State 
loaned  or  advanced  to  such  company,  shall  be  fairly  enforced,  and  not 
released  or  compromised;  and  the  moneys  arising  from  such  claims 
shall  be  set  apart  and  applied  as  part  of  the  sinking  fund  provided 
in  the  second  section  of  this  article.  But  the  time  limited  for  the 
fulfilment  of  any  condition  of  any  release  or  compromise  heretofore 
made  or  provided  for,  may  be  extended  by  law. 

Sec.  5.  If  the  sinking  funds,  or  either  of  them,  provided  in  this 
article,  shall  prove  insufficient  to  enable  the  State,  on  the  credit  of 
such  fund,  to  procure  the  means  to  satisfy  the  claims  of  the  creditors 
of  the  State  as  they  become  payable,  the  Legislature  shall,  by  equita- 
ble taxes,  so  increase  the  revenues  of  the  said  funds  as  to  make  them, 
respectively,  sufficient  perfectly  to  preserve  the  public  faith.  Every 
contribution  or  advance  to  the  canals,  or  their  debt,  from  any  source, 
other  than  their  direct  revenues,  shall,  with  quarterly  interest,  at  the 


2668  New  York—1846 

rates  then  current,  be  repaid  into  the  Treasury,  for  the  use  of  the  State, 
out  of  the  canal  revenues  as  soon  as  it  can  be  done  consistently  with 
the  just  rights  of  the  creditors  holding  the  said  canal  debt. 

Sec.  6.  The  legislature  shall  not  sell,  lease,  or  otherwise  dispose  of 
any  of  the  canals  of  the  State;  but  they  shall  remain  the  property 
of  the  State  and  under  its  management,  forever. 

Sec.  T.  The  Legislature  shall  never  sell  or  dispose  of  the  salt 
springs,  belonging  to  this  State.  The  lands  contiguous  thereto  and 
which  may  be  necessary  and  convenient  for  the  use  of  the  salt  springs, 
may  be  sold  by  authority  of  law  and  under  the  direction  of  the  com- 
missioners of  the  land  office,  for  the  purpose  qf  investing  the  moneys 
arising  therefrom  in  other  lands  alike  convenient;  but  by  such  sale 
and  purchase  the  aggregate  quantity  of  these  lands  shall  not  be 
diminished. 

Sec.  8.  No  moneys  shall  ever  be  paid  out  of  the  Treasury  of  this 
State,  or  any  of  its  funds,  or  any  of  the  funds  inider  its  management, 
except  in  pursuance  of  an  appropriation  by  law;  nor  unless  such 
payment  be  made  within  two  years  next  after  the  passage  of  such 
appropriation  act ;  and  every  such  law,  making  a  new  appropriation, 
or  continuing  or  reviving  an  appropriation,  shall  distinctly  specify 
the  sum  appropriated,  and  the  object  to  which  it  is  to  be  applied ;  and 
it  shall  not  be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix 
such  sum. 

Sec.  9.  The  credit  of  the  State  shall  not,  in  any  manner,  be  given 
or  loaned  to,  or  in  aid  of  any  individual  association  or  corporation. 

Sec.  10.  The  State  may,  to  meet  casual  deficits  or  failures  in  reve- 
nues, or  for  expenses  not  provided  for,  contract  debts,  but  such  debts, 
direct  and  contingent,  singly  or  in  the  aggregate,  shall  not  at  any 
time,  exceed  one  million  of  dollars;  and  the  moneys  arising  from  the 
loans  creating  such  debts,  shall  be  applied  to  the  purpose  for  Avhich 
they  Avere  obtained,  or  to  repay  the  debt  so  contracted,  and  to  no 
other  purpose  whatever.     - 

Sec.  11.  In  addition  to  the  above  limited  power  to  contract  debts, 
the  State  may  contract  debts  to  repel  invasion,  suppress  insurrection, 
or  defend  the  State  in  Avar;  but  the  money  arising  from  the  con- 
tracting of  such  debts  shall  be  applied  to  the  purpose  for  Avhich  it 
was  raised,  or  to  repay  such  debts,  and  to  no  other  purpose  Avhatever. 

Sec.  12.  Except  the  debts  specified  in  the  tenth  and  eleventh  sec- 
tions of  this  article,  no  debt  shall  be  hereafter  contracted  by  or  on 
behalf  of  this  State,  unless  such  debt  shall  be  authorized  by  a  law, 
for  some  single  w^ork  or  object,  to  be  distinctly  specified  therein;  and 
such  law  shall  impose  and  provide  for  the  collection  of  a  direct  annual 
tax  to  pay,  and  sufficient  to  pay  the  interest  on  such  debt  as  it  falls 
due,  and  also  to  pay  and  discharge  the  principal  of  such  debt  Avithin 
eighteen  years  from  the  time  of  the  contracting  thereof. 

No  such  law  shall  take  effect  until  it  shall,  at  a  general  election, 
have  been  submitted  to  the  people,  and  have  received  a  majority  of  all 
the  votes  cast  for  and  against  it,  at  such  election. 

On  the  final  passage  of  such  bill  in  either  house  of  the  Legislature, 
the  question  shall  be  taken  by  ayes  and  noes,  to  be  duly  entered  on  the 
journals  thereof,  and  shall  be:"  "  Shall  this  bill  pass,  and  ought  the 
same  to  receive  the  sanction  of  the  people  ?  " 


K  tio 


New  York— 1846  2669 

The  Legislature  may  at  any  time,  after  the  approval  of  such  law 
by  the  people,  if  no  debt  shall  have  been  contracted  in  pursuance 
thereof,  repeal  the  same;  and  may  at  any  time,  by  law,  forbid  the 
contracting  of  any  further  debt  or  liability  under  such  law ;  but  the 
tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability  which 
may  have  been  contracted,  m  pursuance  of  such  law,  shall  remain  in 
force  and  be  irrepealable,  and  be  annually  collected,  until  the  proceeds 
thereof  shall  have  made  the  provision  herein  before  specified  to  pay 
and  discharge  the  interest  and  principal  of  such  debt  and  liability. 

The  money  arising  from  any  loan  or  stock  creating  such  debt  or 
liability,  shall  be  applied  to  the  work  or  object  specified  in  the  act 
authorising  such  debt  or  liability,  or  for  the  repayment  of  such  debt 
or  liability,  and  for  no  other  purpose  whatever. 

Xo  such  law  shall  be  submitted  to  be  voted  on,  within  three  months 
after  its  joassage,  or  at  any  general  election,  when  any  other  law,  or 
any  bill,  or  any  amendment  to  the  Constitution,  shall  be  submitted 
to  be  voted  for  or  against. 

Sec.  18.  Every  law  Avhich  imposes  continues  or  revives  a  tax,  shall 
distinctly  state  the  tax  and  the  object  to  which  it  is  to  be  applied;  and 
it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax  or 
object. 

Sec.  14.  On  the  final  passage,  in  either  house  of  the  Legislature,  of 
(H'ery  act  which  imposes,  continues,  or  revives  a  tax,  or  creates  a  debt 
or  charge,  or  makes,  continues  or  revives  any  appropriation  of  public 
or  trust  money  or  property,  or  releases,  discharges,  or  commutes  any 
claim  or  demand  of  the  State,  the  question  shall  be  taken  by  ayes  and 
noes,  which  shall  be  duly  entered  on  the  journals,  and  three-fifths  of 
all  the  members  elected  to  either  house,  shall,  in  all  such  cases,  be 
necessary  to  constitute  a  quorum  therein. 

Article  VIII 

Section  1.  Corporations  may  be  formed  under  general  laws;  but 
shall  not  be  created  by  speciial  act,  except  for  munici])al  purposes, 
and  in  cases  where  in  the  judgment  of  the  Legislature,  the  objects  of 
the  corporation  cannot  be  attained  under  general  laws.  All  general 
laws  and  special  acts  passed  pursuant  to  this  section,  may  be  altered 
from  time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators  and  other  means  as  may  be  prescribed 
by  law. 

Se(\  3.  The  term  corporations  as  used  in  this  article,  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  or  privileges  of  corporations  not  possessed  by  in- 
dividuals or  ])artnerships.  And  all  corporations  shall  have  the  right 
to  sue  and  shall  be  subject  to  be  sued  in  all  courts  in  like  cases  as 
natural  persons. 

Sec.  4.  The  Legislature,  shall  have  no  power  to  pass  any  act  grant- 
ing any  special  charter  for  banking  purposes;  but  corporations  or 
associations  may  be  formed  for  such  purposes  under  general  laws. 

Sec.  5.  The  Legislature  shall  have  no  power  to  pass  any  law  sanc- 
tioning in  any  manner,  directly  or  indirectly,  the  suspension  of  specie 


2670  New  York— 18^6 

payments,  by  any  person,  association  or  corporation  issuing  bank 
notes  of  any  description. 

Sec.  G.  The  Legislature  shall  provide  by  law  for  the  registry  of  all 
bills  or  notes,  issued  or  put  in  circulation  as  money,  and  shall  re- 
quire ample  security  for  the  redemption  of  the  same  in  specie. 

Sec.  7.  The  stockholders  in  every  corporation  and  joint-stock  as- 
sociation for  banking  purposes,  issuing  bank  notes  or  any  kind  of 
paper  credits  circulate  as  money,  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  fifty,  shall  be  individually  respon- 
sible to  the  amount  of  their  respective  share  or  shares  of  stock  in  any 
such  corporation  or  association,  for  all  its  debts  and  liabilities  of 
every  kind,  contracted  after  the  said  first  clay  of  January,  one  thou- 
sand eight  hundred  and  fifty. 

Sec.  8.  In  case  of  the  insolvency  of  any  bank  or  banking  associa- 
tion, the  bill-holders  thereof  shall  be  entitled  to  preference  in  pay- 
ment, over  all  other  creditors  of  such  bank  or  association. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the  or- 
ganization of  cities  and  incorporated  villages,  and  to  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts 
and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessments,  and 
in  contracting  debt  by  such  municipal  corporations. 

Article  IX 

Section  1.  The  capital  of  the  Common  School  Fund;  the  capital 
of  the  Literature  Fund,  and  the  capital  of  the  United  States  Deposite 
Fund,  shall  be  respectively  preserved  inviolate.  The  revenue  of  the 
said  Common  School  Fund  shall  be  applied  to  the  support  of  com- 
mon schools;  the  revenues  of  the  said  Literature  Fund  shall  be  ap- 
plied to  the  support  of  academies,  and  the  sum  of  twenty-five  thou- 
sand dollars  of  the  revenues  of  the  L^nited  States  Deposite  Fund  shall 
each  year  be  appropriated  to  and  made  a  part  of  the  capital  of  the 
said  Common  School  Fund. 

Article  X 

V  Section  1.  Sheriffs,  clerks  of  counties,  including  the  register  and 
clerk  of  the  city  and  county  of  New- York,  coroners,  and  district 
attorneys,  shall  be  chosen,  by  the  electors  of  the  respective  counties, 
once  in  every  three  years  and  as  often  as  vacancies  shall  happen. 
Sheriffs  shall  hold  no  other  office,  and  be  ineligible  for  the  next  three 
years  after  the  termination  of  their  offices.  They  may  be  required 
by  law,  to  renew  their  security,  from  time  to  time ;  and  in  default  of 
giving  such  new  security,  their  offices  shall  be  deemed  vacant.  But 
the  county  shall  never  be  made  responsible  for  the  acts  of  the  sheriff. 

The  Governor  may  remove  any  officer,  in  this  section  mentioned, 
within  the  term  for  which  he  shall  have  been  elected;  giving  to  such 
officer  a  copy  of  the  charges  against  him,  and  an  opportunity  of 
being  heard  m  his  defence. 

Sec.  2.  All  county  officers  whose  election  or  appointment  is  not 
provided  for,  by  this  Constitution,  shall  be  elected  by  the  electors  of 
the  respective  counties,  or  appointed  by  the  boards  of  supervisors,  or 
other  county  authorities,  as  the  Legislature  shall  direct.  All  city, 
town  and  village  officers,  whose  election  or  appointment  is  not  pro- 


New  York— 1846  2671 

vided  for  by  this  Constitution,  shall  be  elected  by  the  electors,  of 
such  cities,  towns  and  villages,  or  of  some  division  thereof,  or  ap- 
pointed by  such  authorities  thereof,  as  the  Legislature  shall  designate 
for  that  purpose.  All  other  officers  whose  election  or  appointment  is 
not  provided  for  by  this  Constitution,  and  all  officers  whose  offices 
may  hereafter  be  created  by  law,  shall  be  elected  by  the  people,  or 
appointed,  as  the  Legislature  may  direct. 

Sec.  3.  When  the  duration  of  any  office,  is  not  provided  by  this 
Constitution,  it  may  be  declared  by  law,  and  if  not  so  declared,  such 
office  shall  be  held,  during  the  pleasure  of  the  authority  making  the 
appointment. 

Sec.  4.  The  time  of  electing  all  officers  named  in  this  article  shall 
be  prescribed  by  law. 

Sec.  5.  The  Legislature  shall  provide  for  filling  vacancies  in  office, 
and  in  case  of  elective  officers,  no  person  appointed  to  fill  a  vacancy 
shall  hold  his  office  by  virtue  of  such  appointment  longer  than  the 
connnencemient  of  the  political  year  next  succeeding  the  first  annual 
election  after  the  happening  of  the  vacancy. 

Sec.  G.  The  political  year  and  legislative  term,  shall  begin  on  the 
first  day  of  January;  and  the  Legislature  shall  every  year  assemble 
on  the  first  Tuesday  in  January,  unless  a  different  day  shall  be 
appointed  by  law. 

Sec.  7.  Provisions  shall  be  made  by  law  for  the  removal  for  mis- 
conduct or  malversation  in  office  of  all  officers  (except  judicial)  whose 
powers  and  duties  are  not  local  or  legislative  and  who  shall  be  elected 
at  general  elections,  and  also  for  supplying  vacancies  created  by  such 
removal. 

Sec.  8.  The  Legislature  may  declare  the  cases  in  which  any  office 
shall  be  deemed  vacant,  where  no  provision  is  made  for  that  purpose 
in  this  Constitution. 

Article  XI 

Section  1.  The  militia  of  this  State,  shall  at  all  times  hereafter,  be 
armed  and  disciplined,  and  in  readiness  for  service;  but  all  such 
inhabitants  of  this  State  of  any  religious  denomination  whatever  as 
from  scruples  of  conscience  may  be  averse  to  bearing  arms,  shall  be 
excused  therefrom,  upon  such  conditions  as  shall  be  prescribed  by 
law. 

Sec.  2.  Militia  officers  shall  be  chosen,  or  aj^pointed,  as  follows: — 
captains,  subalterns  and  non-connnissioned  officers  shall  be  chosen  by 
the  written  votes  of  the  members  of  their  respective  comj)anies. 
Field  officers  of  regiments  and  sej^arate  battalions,  by  the  written 
votes  of  the  commissioned  officers  of  the  respective  regiments  and 
separate  battalions;  brigadier-generals  and  brigade  inspectors  by  the 
field  officers  of  their  respective  brigades;  major  generals,  brigadier 
generals  and  commandin<j  officers  of  regiments  or  separate  battalions, 
shall  appoint  the  staff  officers  to  their  respective  divisions,  brigades, 
regiments  or  separate  battalions. 

Sec.  3.  The  Covernor  shall  nominate,  and  with  the  consent  of  the 
Senate,  appoint  all  major  generals,  and  the  commissary  general.  The 
adjutant  general  and  other  chiefs  of  staff  departments,  and  the  aids- 
de-camp  of  the  commander-in-chief  shall  be  appointed  by  the  Gov- 
ernor, and  their  commissions  shall  expire  with  the  time  for  which 
the  Governoy  shall  have  been  elected.     The  connnissary  general  shall 


2672  New  York— 18 46 

hold  his  office  for  two  years.  He  shall  give  security  for  the  faithful 
execution  of  the  duties  of  his  office,  in  such  manner  and  amount  as 
shall  be  prescribed  by  law. 

Sec.  4.  The  Legislature  shall,  by  law^,  direct  the  time  and  manner 
of  electing  militia  officers,  and  of  certifying  their  elections  to  the 
Governor. 

Sec.  5.  The  commissioned  officers  of  the  militia  shall  be  commis- 
sioned by  the  Governor ;  and  no  commissioned  officer  shall  be  removed 
from  office,  unless  by  the  Senate  on  the  recommendation  of  the  Gov- 
ernor, stating  the  grounds  on  which  such  removal  is  recommended, 
or  by  the  decision  of  a  court  martial,  pursuant  to  law.  The  present 
officers  of  the  militia  shall  hold  their  commissions  subject  to  removal, 
as  before  provided. 

Sec.  6.  In  case  the  mode  of  election  and  appointment  of  militia 
officers  hereby  directed,  shall  not  be  found  conducive  to  the  improve- 
ment of  the  militia,  the  Legislature  may  abolish  the  same,  and  pro- 
vide by  law  for  their  appointment  and  removal,  if  two-thirds  of  the 
members  ^Dresent  in  each  house  Khali  concur  therein. 

Article  XII 

Section  1.  Members  of  the  Legislature  and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  may  be  by  law  exempted, 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation: 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will 
support  the  Constitution  of  the  United  States,  and  the  Constitution 
of  the  State  of  New- York;  and  that  I  will  faithfully  discharge  the 
duties  of  the  office  of  according  to  the  best  of  my  ability." 

And  no  other  oath,  declaration,  or  test  shall  be  required  as  a  quali- 
fication for  any  office  or  public  trust. 

Article  XIII  , 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  and  Assembly;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  or  amendments  shall  be  en- 
tered on  their  journals  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  Legislature  to  be  chosen  at  the  next  general  election 
of  Senators,  and  shall  be  published  for  three  months  previous  to  the 
time  of  making  such  choice,  and  if  in  the  Legislature  so  next  chosen, 
as  aforesaid,  such  proposed  amendment  or  amendments,  shall  be 
agreed  to,  by  a  majority,  of  all  the  members  elected  to  each  house, 
then  it  shall  be  the  duty  of  the  Legislature  to  submit  such  proposed 
amendment  or  amendments  to  the  people,  in  such  manner  and  at 
such  time  as  the  Legislature  shall  prescribe;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments,  by  a  majority 
of  the  electors  qualified  to  vote  for  members  of  the  Legislature, 
voting  thereon,  such  amendment  or  amendments  shall  become  part 
of  the  Constitution. 

Sec.  2.  At  the  general  election  to  be  held  in  the  year  eighteen 
liundred  and  sixty-six,  and  in  each  twentieth  year  thereafter,  and 


New  York— 1846  2673 

also  at  such  time  as  the  Legislature  may  by  law  provide,  the  question, 
"  Shall  there  be  a  Convention  to  revise  the  Constitution,  and  amend 
the  same?  "  shall  be  decided  by  the  electors  qualified  to  vote  for 
members- of  the  Legislature;  and  in  case  a  majority  of  the  electors 
so  qualified,  voting  at  such  election,  shall  decide  in  favor  of  a  Con- 
vention for  such  purpose,  the  Legislature  at  its  next  session,  shall 
provide  by  law  for  the  election  of  delegates  to  such  Convention. 

Article  XIV 

Section  1.  The  first  election  of  senators  and  members  of  Assembly, 
pursuant  to  the  provisions  of  this  Constitution,  shall  be  held  on  the 
Tuesday  succeeding  the  first  Monday  of  November,  one  thousand 
eight  hundred  and  forty-seven. 

The  senators  and  members  of  Assembly  who  may  be  in  office  on 
the  first  day  of  January,  one  thousand  eight  hundred  and  forty- 
seven,  shall  hold  their  offices  until  and  including  the  thirty-first  day 
of  December  following,  and  no  longer. 

Sec.  2.  The  first  election  of  Governor  and  Lieutenant-Governor 
under  this  Constitution,  shall  be  held  on  the  Tuesday  succeeding  the 
first  Monday  of  November,  'one  thousand  eight  hundred  and  forty- 
eight;  and  the  Governor  and  Lieutenant-Governor  in  office  when  this 
Constitution  shall  take  efi^ect,  shall  hold  their  respective  offices  until 
and  including  the  thirty-first  day  of  December  of  that  year. 

Sec.  8.  The  Secretary  of  State,  Comptroller,  Treasurer,  Attorney- 
(Sreneral,  District- Attorney,  Surveyor-General,  Canal  Commissioners, 
and  inspectors  of  State  prisons  in  office  when  this  Constitution  shall 
lake  effect,  shall  hold  their  respective  offices  until  and  including  the 
thirty-first  day  of  December,  one  thousand  eight  hundred  and  forty- 
seven,  and  no  longer. 

Sec.  4.  The  first  election  of  judges  and  clerk  of  the  Court  of  Ap- 
l)eals,  justices  of  the  Supreme  Court,  and  county  judges,  shall  take 
j)lace  at  such  time  between  the  first  Tuesday  of  April  and  the  second 
Tuesday  of  June,  one  thousand  eight  hundred  and  forty-seven,  as  may 
be  prescribed  by  law.  The  said  courts  shall  respectively  enter  u-pon 
their  duties,  on  the  first  Monday  of  July,  next  thereafter;  but  the 
term  of  office  of  said  judges,  clerk  and  justices  as  declared  by  this 
Constitution,  shall  be  deemed  to  commence  on  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  forty-eight. 

Sec.  5.  On  the  first  Monday  of  July,  one  thousand  eight  hundred 
juid  forty-seven,  jurisdiction  of  all  suits  and  proceedings  then  pending 
in  the  present  Supreme  Court  and  Court  or  Chancery,  and  all  suits 
and  proceedings  originally  commenced  and  then  pending  in  any  court 
of  common  pleas,  (except  in  the  city  and  county  of  New- York),  shall 
become  vested  in  the  Supreme  Court  hereby  established.  Proceedings 
j)ending  in  courts  of  common  pleas  and  in  suits  originally  commenced 
in  justices  courts,  shall  be  transferred  to  the  county  courts  provided 
for  in  this  Constitution,  in  such  manner  and  form  and  under  sucli 
regulations  as  shall  be  provided  by  law.  The  courts  of  oyer  and 
terminer  hereby  established  shall,  in  their  respective  counties,  have 
jurisdiction,  on  and  after  the  day  last  mentioned,  of  all  indictments 
and  proceedings  then  pending  in  the  present  courts  of  oyer  and  ter- 
miner, and  also  of  all  indictments  and  proceedings  then  pending  in 


2674  •     New  York— 18 46 

the  present  courts  of  general  sessions  of  the  peace,  except  in  the  city  of 
New  York,  and  except  in  cases  of  which  the  courts  of  sessions  hereby 
established  may  lawfully  take  cognizance;  and  of  such  indictments 
and  proceedings  the  courts  of  sessions  hereby  established  shall  have 
jurisdiction  on  and  after  the  day  last  mentioned. 

Sec.  6.  The  Chancellor  and  the  present  Supreme  Court  shall,  re- 
spectively, have  power  to  hear  and  determine  any  of  such  suits  and 
proceedings  ready  on  the  first  Monday  of  July,  one  thousand  eight 
hundred  and  forty-seven,  for  hearing  or  decision,  and  shall,  for  their 
services  therein,  be  entitled  to  their  present  rates  of  compensation 
until  the  first  day  of  July,  one  thousand  eight  hundred  and  forty- 
eight,  or  until  all  such  suits  and  proceedings  shall  be  sooner  heard  and 
determined.  Masters  in  chancery  may  continue  to  exercise  the  func- 
tions of  their  office  in  the  court  of  chancery,  so  long  as  the  Chancellor 
shall  continue  to  exercise  the  functions  of  his  office  under  the  pro- 
visions of  this  Constitution. 

And  the  Supreme  Court  hereby  established  shall  also  have  power 
to  hear  and  determine  such  of  said  suits  and  proceedings  as  may  be 
prescribed  by  law. 

Sec.  7.  In  case  any  vacancy  shall  occur  in  the  office  of  chancellor 
or  justice  of  the  present  Supreme  Court,  previously  to  the  first  day 
of  July,  one  thousand  eight  hundred  and  forty-eight  the  Governor 
may  nominate,  and  by  and  w^ith  the  advice  and  consent  of  the  Senate, 
appoint  a  proper  person  to  fill  such  vacancy.  Any  judge  of  the  Court 
of  Appeals  or  justice  of  the  Supreme  Court,  elected  under  this  Con- 
stitution, may  receive  and  hold  such  appointment. 

Sec.  8.  The  offices  of  Chancellor,  justice  of  the  existing  Supreme 
Court,  circuit  judge,  vice-chancellor,  assistant  vice-chancellor,  judge 
of  the  existing  county  courts  of  each  county,  Supreme  Court  commis- 
sioner, master  in  chancery,  examiner  in  chancery,  and  surrogate,  (ex- 
cept as  herein  otherwise  provided,)  are  abolished  from  and  after  the 
first  Monday  of  July,  one  thousand  eight  hundred  and  forty-seven, 
(1847.) 

Sec.  0.  The  Chancellor,  the  justices  of  the  present  Supreme  Court, 
and  the  circuit  judges,  are  hereby  declared  to  be  severally  eligible  to 
any  office  at  the  first  election  under  this  Constitution. 

Sec.  10.  Sheriffs,  clerks  of  counties,  (including  the  register  and 
clerk  of  the  city  and  county  of  New- York)  and  justices  of  the  peace, 
and  coroners,  in  office,  when  this  Constitution  shall  take  effect,  shall 
hold  their  respective  offices  until  the  expiration  of  the  term  for  which 
they  were  respectively  elected. 

Sec.  11.  Judicial  officers  in  office  when  this  Constitution  shall  take 
effect,  may  continue  to  receive  such  fees  and  perquisites  of  office  as 
are  noAV  authorized  by  law,  until  the  first  day  of  July,  one  thousand 
eight  hundred  and  forty-seven,  notwithstanding  the  provisions  of  the 
twentieth  section  of  the  sixth  article  of  this  Constitution. 

Sec.  12.  All  local  courts  established  in  any  city  or  village,  includ- 
ing the  superior  court,  common  pleas,  sessions  and  surrogate's  courts 
of  the  city  and  county  of  New  York  shall  remain,  until  otherwise 
directed  by  the  Legislature,  with  their  present  powers  and  jurisdic- 
tions; and  the  judges  of  such  courts  and  any  clerks  thereof  in  office 
on  the  first  day  of  January  one  thousand  eight  hundred  and  forty- 
seven,  shall  continue  in  office  until  the  expiration  of  their  terms  of 
office,  or  until  the  Legislature  shall  otherwise  direct. 


New  York— 1846  2675 

Sec.  13.  This  Constitution  shall  be  in  force  from  and  including 
the  first  day  of  January,  one  thousand  eight  hundred  and  forty- 
seven  except  as  is  herein" otherwise  provided. 

-  Done,  In  Convention,  at  the  Capitol,  in  the  City  of  Albany,  the 
ninth  day  of  October  in  the  year  one  thousand  eight  hundred  and 
forty-six,  and  of  the  Independence  of  the  United  States  of  America 
the  seventy-first. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

John  Tracy, 
President^  and  Delegate  from  the  County  of  Chenango. 
James  F.  Starbuck, 
H.  W.  Strong, 
Fr.  Seger, 

Secretaries. 

State  of  New- York,  Secretary's  Office. 

I  have  compared  the  preceding  with  the  original  engrossed  Consti- 
tution deposited  in  this  office  on  the  ninth  day  of  October,  1846,  and 
Do  Certify,  that  the  same  is  a  correct  transcript  therefrom,  and  of 
the  whole  of  said  original. 

Given  under  my  hand  and  seal  of  office,  at  the  City  of  Albany,  the 
tenth  day  of  October,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  forty-six. 

[l.  s.]  N.  S.  Benton, 

Secretary  of  State. 

AMENDMENTS  TO  CONSTITUTION  OF  1846* 
Article  II 

^  Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years  who 
shall  have  been  a  citizen  for  ten  days  and  an  inhabitant  of  this  State 
one  year  next  preceding  an  election,  and  the  last  four  months  a 
resident  of  the  county  and  for  the  last  thirty  days  a  resident  of  the 
election  district  in  which  he  may  offer  his  vote,  shall  be  entitled 
to  vote  at  such  election  in  the  election  district  of  which  he  shall 
at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that 
now  are  or  hereafter  may  be  elective  by  the  people,  and  upon  all 
questions  which  may  be  submitted  to  the  vote  of  the  people,  provided 
that  in  time  of  w^ar  no  elector  in  the  actual  military  service  of  the 
State,  or  of  the  United  States,  in  the  army  or  navy  thereof,  shall  be 
deprived  of  his  vote  by  reason  of  his  absence  from  such  election  dis- 
trict; and  the  Legislature  shall  have  power  to  provide  the  manner 
in  which  and  the  time  and  place  at  which  such  absent  electors  may 
vote,  and  for  the  return  and  canvass  of  their  votes  in  the  election  dis- 
tricts in  which  they  respectively  reside. 

°  Sec.  2.  No  person  who  shall  receive,  expect,  or  offer  to  receive,  or 
pay,  offer  or  promise  to  pay,  contribute,  offer  or  promise  to  contribute 


and 


*  The  amendments  to  the  Constitution  of  1846  verified  by  "  The  Constitution  of 
the  State  of  New  Yorlc.  Adopted  November  3,  1840.  As  amended  and  in  force 
January  1,  1887.  Prepared  from  the  original  in  office  of  Secretary  of  State, 
under  direction  of  Fredericlt  Coolc,  Secretary  of  State,  Albany  :  Weed,  Parsons 
and  Company,  Printers.    1887."' 

o  As  amended  by  vote  of  the  people,  November  3,  1874. 


7254— VOL  .5—09 10 


2676  New  York— 18^6 

to  another,  to  be  paid  or  used,  any  money  or  other  valuable  thing 
as  a  compensation  or  reward  for  the  giving  or  withholding  a  vote 
at  an  election,  or  who  shall  make  any  promise  to  influence  the  giving 
or  withholding  any  such  vote,  or  who  shall  make  or  become  directly 
or  indirectly  interested  in  any  bet  or  wager  depending  upon  the  result 
of  any  election,  shall  vote  at  such  election;  and  upon  challenge  for 
such  cause,  the  person  so  challenged,  before  the  officers  authorized 
for  that  purpose  shall  receive  his  vote,  shall  swear  or  affirm  before 
such  officers  that  he  has  not  received  or  offered,  does  not  expect  to 
receive,  has  not  paid,  offered  or  promised  to  pay,  contributed,  offered 
or  promised  to  contribute  to  another,  to  be  paid  or  used,  any  money  or 
other  valuable  thing  as  a  compensation  or  reward  for  the  giving  or 
withholding  a  vote  at  such  election,  and  has  not  made  any  promise 
to  influence  the  giving  or  withholding  of  any  such  vote,  nor  made 
or  become  directly  or  indirectly  interested  in  any.  bet  or  wager 
depending  upon  the  result  of  such  election.  The  legislature,  at  the 
session  thereof  next  after  the  adoption  of  this  section,  shall,  and  from 
time  to  time  thereafter  may,  enact  laws  excluding  from  the  right  of 
suffrage  all  persons  convicted  of  bribery  or  of  any  infamous  crime. 

Sec.  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence,  by  reason  of  his  presence  or  absence, 
Avhile  employed  in  the  service  of  the  United  States;  nor  Avhile  en- 
gaged in  the  navigation  of  the  waters  of  this  State,  or  of  the  United 
States,  or  of  the  high  seas;  nor  while  a  student  of  any  seminary  of 
learning;  nor  while  kept  at  any  alms-house,  or  other  asylum,  at 
public  expense ;  nor  while  confined  in  any  public  prison. 

«  Sec.  5.  The  Assembly  shall  consist  of  one  hundred  and  twenty- 
eight  members,  elected  for  one  year.  The  members  of  Assembly  shall 
be  apportioned  among  the  several  counties  of  the  State,  by  the  Legis- 
lature, as  nearly  as  may  be,  according  to  the  number  of  their  respec- 
tive inhabitants,  excluding  aliens,  and  shall  be  chosen  by  single  dis- 
tricts. The  Assembly  districts  shall  remain  as  at  present  organized, 
until  after  the  enulneration  of  the  inhabitants  of  the  State,  in  the  year 
eighteen  hundred  and  seventy-five.  The  Legislature,  at  its  first  ses- 
sion after  the  return  of  every  enumeration,  shall  apportion  the  Mem- 
bers of  Assembly  among  the  several  counties  of  the  State,  in  manner 
aforesaid,  and  the  board  of  supervisors  in  such  counties  as  may  be 
entitled  under  such  apportionment  to  more  than  one  member,  except 
the  city  and  county  of  New  York,  and  in  said  city  and  county  the 
board  of  aldermen  of  said  city  shall  assemble  at  such  time  as  the 
Legislature  making  such  apportionment  shall  prescribe,  and  divide 
their  respective  counties  into  Assembly  districts,  each  of  which  dis- 
tricts shall  consist  of  convenient  and  contiguous  territory  equal  to 
the  number  of  members  of  Assembly  to  which  such  counties  shall  be 
entitled,  and  shall  cause  to  be  filed  in  the  offices  of  the  Secretary  of 
State  and  the  clerks  of  their  respective  counties,  a  description  of  such 
districts,  specifying  the  number  of  each  district  and  the  population 
thereof,  according  to  the  last  preceding  enumeration  as  near  as  can  be 
ascertained,  and  the  apportionment  and  districts  shall  remain  un- 
altered until  another  enumeration  shall  be  made  as  herein  provided. 
No  town  shall  be  divided  in  the  formation  of  Assembly  districts. 
Every  county  heretofore  established  and  separately  organized,  except 

a  As  amended  by  vote  of  the  people,  November  3,  1874. 


New  York— 1846  2677 

the  county  of  Hamilton,  shall  always  be  entitled  to  one  member  of 
the  Assembly,  and  no  new  county  shall  be  hereafter  erected,  unless  its 
population  shall  entitle  it  to  a  member.  The  county  of  Hamilton 
shall  elect  with  the  county  of  Fulton,  until  the  population  of  the 
county  of  Hamilton  shall,  according  to  the  ratio,  be  entitled  to  a 
member.  But  the*  Legislature  may  abolish  the  said  county  of  Ham- 
ilton, and  annex  the  territory  thereof  to  some  other  county  or  coun- 
ties. Nothing  in  this  section  shall  prevent  division  at  any  time  of 
counties  and  towns,  and  the  erection  of  new  towns  and  counties  by 
the  Legislature. 

«  Sec.  C.  Each  member  of  the  Legislature  shall  receive  for  his  serv- 
ices an  annual  salary  of  one  thousand  five  hundred  dollars.  The 
members  of  either  house  shall  also  receive  the  sum  of  one  dollar  for 
every  ten  miles  they  shall  travel,  in  going  to  and  returning  from  their 
place  of  meeting,  once  in  each  session,  on  the  most  usual  route.  Sena- 
tors, when  the  Senate  alone  is  convened  in  extraordinary  session,  or 
when  serving  as  members  of  the  Court  for  the  Trial  of  Liipeach- 
ments,  and  such  members  of  the  Assembly,  not  exceeding  nine  in 
number,  as  shall  be  appointed  managers  of  an  impeachment,  shall 
receive  an  additional  allowance  of  ten  dollars  a  day. 

"  Sec.  7.  No  member  of  the  Legislature  shall  receive  any  civil  ap- 
pointment within  this  State,  or  the  Senate  of  the  United  States,  from 
the  (jovernor,  the  Governor  and  Senate,  or  from  the  Legislature,  or 
from  any  city  government,  during  the  time  for  w^hich  he  shall  have 
been  elected ;  and  all  such  appointments  and  all  votes  given  for  any 
such  member  for  any  such  office  or  appointment  shall  be  void. 

"  Sec.  8.  No  person  shall  be  eligible  to  the  Legislature  who,  at  the 
time  of  his  election,  is,  or  within  one  hundred  days  previous  thereto 
has  been,  a  member  of  Congress,  a  civil  or  military  officer  under  the 
United  States,  or  an  officer  under  any  city  government.  And  if  any 
j)erson  shall,  after  his  election  as  a  member  of  the  Legislature,  be 
ejected  to  Congress,  or  appointed  to  any  office,  civil  or  military, 
under  the  government  of  the  United  States,  or  under  any  city  govern- 
ment, his  acceptance  thereof  shall  vacate  his  seat. 

Article  III 

''Sec.  IT.  No  act  shall  be  passed  Avhich  shall  provide  that  any 
existing  law,  or  any  part  thereof,  shall  be  made  or  deemed  a  part  of 
said  act,  or  Avhich  shall  enact  that  any  existing  hiAV,  or  any  part 
thereof,  shall  be  applicable,  except  by  inserting  it  in  such  act. 

^  Sec.  18.  The  Legislature  shall  not  pass  a  private  or  local  bill  in 
any  of  the  following  cases : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit  jurors. 

Kegulating  the  rate  of  interest  on  money. 


K 


«As  amended  by  vote  of  the  people,  November  :>,  1874. 
6  Added  by  vote  of  the  people,  November  3,  1874. 


2678  New  York— 18^6 

The  opening  and  conducting  of  elections  or  designating  places  of 
voting. 

Creating,  increasing  or  decreasing  fees,  percentage  or  allowances  of 
public  officers,  during  the  term  for  which  said  officers  are  elected  or 
appointed. 

Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual  any 
exclusive  privilege,  immunity  or  franchise  whatever. 

Providing  for  building  bridges,  and  chartering  companies  for  such 
purposes,  except  on  the  Hudson  river  below  Waterford,  and  on  the 
East  river,  or  over  the  waters  forming  a  part  of  the  boundaries  of 
the  State. 

The  Legislature  shall  pass  general  laws  providing  for  the  cases 
enumerated  in  this  section,  and  for  all  other  cases  which  in  its  judg- 
ment may  be  provided  for  by  general  laws.  But  no  law  shall  au- 
thorize the  construction  or  operation  of  a  street  railroad  except  upon 
the  condition  that  the  consent  of  the  owners  of  one-half  in  value 
the  property  bounded  on,  and  the  consent  also  of  the  local  authorities 
having  the  control  of  that  portion  of  a  street  or  highway  upon  Avhich 
it  is  proposed  to  construct  or  operate  such  railroad  be  first  obtained, 
or  in  case  the  consent  of  such  property-owners  cannot  be  obtained,  the 
General  Term  of  the  Supreme  Court,  in  the  district  in  Avhich  it  is 
proposed  to  be  constructed,  may,  upon  application,  appoint  three 
commissioners  who  shall  determine,  after  a  hearing  of  all  parties  in- 
terested, whether  such  railroad  ought  to  be  constructed  or  operated, 
and  their  determination,  confirmed  by  the  court,  may  be  taken  in  lieu 
of  the  consent  of  the  property-owners. 

"  Sec.  19.  The  Legislature  shall  neither  audit  nor  allow  any  private 
claim  or  account  against  the  State,  but  may  appropriate  money  to  pay 
such  claims  as  shall  have  been  audited  and  allowed  according  to  law. 

"  Sec.  20.  Every  law  w^hich  imposes,  continues  or  revises  a  tax  shall 
distinctly  state  the  tax  and  the  object  to  which  it  is  to  be  applied, 
and  it  shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax 
or  object. 

«  Sec.  21.  On  the  final  passage,  in  either  house  of  the  Legislature, 
of  any  act  which  imposes,  continues  or  revives  a  tax,  or  creates  a  debt 
or  charge,  or  makes,  continues  or  revives  any  appropriation  of  public 
or  trust  money  or  property,  or  releases,  discharges  or  commutes  any 
claim  or  demand  of  the  State,  the  question  shall  be  taken  by  yeas 
and  nays,  which  shall  be  duly  entered  upon  the  journals,  and  three- 
fifths  of  all  the  members  elected  to  either  house  shall,  in  all  such 
cases,  be  necessary  to  constitute  a  quorum  therein. 

«Sec.  22..  There  shall  be  in  the  several  counties,  except  in  cities 
whose  boundaries  are  the  same  as  those  of  the  county,  a  board  of 
supervisors,  to  be  composed  of  such  members,  and  elected  in  such 
manner,  and  for  such  period,  as  is  or  may  be  provided  by  law.  In 
any  such  city  the  duties  and  powers  of  a  board  of  supervisors  may  be 
devolved  upon  the  common  council  or  board  of  aldermen  thereof. 

^  Sec.  23.  The  Legislature  shall,  by  general  laws,  confer  upon  the 
boards  of  supervisors  of  the  several  counties  of  the  State  such  further 
powers  of  local  legislation  and  administration  as  the  Legislature  may 
from  time  to  time  deem  expedient. 

o  Added  by  vote  of  tlie  people,  November  3,  1874, 


A 


New  York— 1846  2679 

«Sec.  24.  The  Legislature  shall  not,  nor  shall  the  common  council 
of  any  city,  nor  any  board  of  supervisors,  grant  any  extra  compensa- 
tion to  any  public  officer,  servant,  agent  or  contractor. 

«  Sec.  25.  Sections  seventeen  and  eighteen  of  this  article  shall  not 
apply  to  any  bill,  or  the  amendments  to  any  bill,  which  shall  be 
reported  to  the  Legislature  by  commissioners  who  have  been  ap- 
l)ointed  j^ursuant  to  law  to  revise  the  statutes. 

Article  IV 

'^  Section  1.  The  executive  power  shall  be  vested  in  a  Governor, 
who  shall  hold  his  office  for  three  years ;  a  Lieutenant-Governor  shall 
be  chosen  at  the  same  time,  and  for  the  same  term.  The  Governor 
and  Lieutenant-Governor  elected  next  preceding  the  time  when  this 
section  shall  take  effect  shall  hold  office  during  the  term  for  which 
they  were  elected. 

^  Sec.  2.  No  person  shall  be  eligible  to  the  office  of  Governor  or 
Lieutenant-Governor,  except  a  citizen  of  the  United  States,  of  the 
age  of  not  less  than  thirty  years,  and  who  shall  have  been  five  years, 
next  preceding  his  election,  a  resident  of  this  State. 

^  Sec.  4.  The  Governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  State.  He  shall  have  power  to  convene  the 
Legislature  (or  the  State  only)  on  extraordinary  occasions.  At 
extraordinary  sessions  no  subject  shall  be  acted  upon,  except  such  as 
the  (lovernor  may  recommend  for  consideration.  He  shall  com- 
nninicate  by  message  to  the  Legislature  at  every  session  the  condition 
of  the  State,  and  recommend  such  matters  to  them  as  he  shall  judge 
expedient.  He  shall  transact  all  necessary  business  with  the  officers 
of  government,  civil  and  military.  He  shall  expedite  all  such  meas- 
ures as  may  be  resolved  upon  by  the  Legislature,  and  shall  take  care 
that  the  laws  are  faithfully  executed.  He  shall  receive  for  his  serv- 
ices an  annual  salary  of  ten  thousand  dollars,  and  there  shall  be 
provided  for  his  use  a  suitable  and  furnished  executive  residence. 

^'  Sec.  8.  The  Lieutenant-Governor  shall  receive  for  his  services  an 
annual  salary  of  five  thousand  dollars,  and  shall  not  receive  or  be 
entitled  to  any  other  compensation,  fee  or  perquisite  for  any  duty  or 
service  he  nuiy  be  required  to  perform  by  the  Constitution  or  by  law. 

^  Sec.  9.  p]very  bill  which  shall  have  passed  the  Senate  and  As- 
sembly shall,  before  it  becomes  a  law,  be  presented  to  the  Governor; 
if  he  approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his 
objections  to  the  house  in  which  it  shall  have  originated,  which  shall 
enter  the  objections  at  large  on  the  journal,  and  proceed  to  recon- 
sider it.  If,  after  such  reconsideration,  two-thirds  of  the  members 
elected  to  that  house  shall  agree  to  pass  the  bill  it  shall  be  sent 
together  with  the  objections  to  the  other  house  by  which  it  shall  like- 
wise be  reconsidered ;  and  if  approved  by  two-thirds  of  the  members 
elected  to  that  house,  it  shall  become  a  law  notwithstanding  the 
objections  of  the  Governor.  In  all  such  cases,  the  votes  in  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
members  voting  shall  be  entered  on  the  journal  of  each  house  re- 
spectively. If  any  bill  shall  not  be  returned  by  the  Governor  within 
ten  days  (Sundays  excepted)   after  it  shall  have  been  jDresented  to 

«-  Added  by  vote  of  the  people,  November  3,  1874. 

^  As  anieiided  by  vote  of  the  people,  Noveml)er  .*>,  1874. 


2680  New  York— 1846 

him,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it, 
unless  the  Legislature  shall,  by  their  adjouriUBent,  prevent  its  return, 
in  which  case  it  shall  not  become  a  law  without  the  approval  of  the 
Governor.  No  bill  shall  become  a  law  after  the  finar  adjournment 
of  the  Legislature,  unless  approved  by  the  Governor  within  thirty 
days  after  such  adjournment.  If  any  bill  presented  to  the  Governor 
contain  several  items  of  appropriation  of  money,  he  may  object  to 
one  or  more  of  such  items  while  approving  of  the  other  portion  of 
the  bill.  In  such  case,  he  shall  append  to  the  bill,  at  the  time  of  sign- 
ing it,  a  statement  of  the  items  to  which  he  objects;  and  the  appro- 
priation so  objected  to  shall  not  take  effect.  If  the  Legislature  be 
in  session,  he  shall  transmit  to  the  house  in  which  the  bill  originated 
a  copy  of  such  statement,  and  the  items  objected  to  shall  be  separately 
reconsidered.  If,  on  reconsideration,  one  or  more  of  such  items  be 
approved  by  two-thirds  of  the  members  elected  to  each  house,  the 
same  shall  be  part  of  the  law,  notwithstanding  the  objections  of  the 
Governor.  All  the  provisions  of  this  section,  in  relation  to  bills  not 
approved  by  the  Governor,  shall  apply  in  cases  in  wdiich  he  shall 
withhold  his  approval  from  any  item  or  items  contained  in  a  bill 
appropriating  money. 

Article  V 

"  Sec.  3.  A  Superintendent  of  Public  Works  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
hold  his  office  until  the  end  of  the  term  of  the  Governor  by  whom 
he  was  nominated,  and  until  his  successor  is  appointed  and  qualified. 
He  shall  receive  a  compensation  to  be  fixed  by  law.  He  shall  be 
required  by  law  to  give  security  for  the  faithful  execution  of  his 
office  before  entering  upon  the  duties  thereof.  He  shall  be  charged 
with  the  execution  of  all  laws  relating  to  the  repair  and  navigation 
of  the  canals,  and  also  of  those  relating  to  the  construction  and  im- 
provement of  the  canals,  except  so  far  as  the  execution  of  the  laws 
relating  to  such  construction  or  improvement  shall  be  confided  to  the 
State  Engineer  and  Surveyor;  subject  to  the  control  of  the  Legisla- 
ture, he  shall  make  the  rules  and  regulations  for  the  navigation  or 
use  of  the  canals.  He  ma}^  be  suspended  or  removed  from  office  by 
the  Governor,  whenever,  in  his  judgment,  the  public  interest  shall  so 
require;  but  in  case  of  the  removal  of  such  Superintendent  of  Public 
Works  from  office,  the  Governor  shall  file  with  the  Secretary  of 
State  a  statement  of  the  cause  of  such  removal,  and  shall  report  such 
removal,  and  the  cause  thereof,  to  the  Legislature  at  its  next  session. 
The  Superintendent  of  Public  AYorks  shall  appoint  not  more  than 
three  assistant  superintendents,  whose  duties  shall  be  prescribed  by 
him,  subject  to  modification  by  the  Legislature,  and  who  shall  re- 
ceive for  their  services  a  compensation  to  be  fixed  by  law.  They 
shall  hold  their  office  for  three  years,  subject  to  suspension  or  removal 
by  the  Superintendent  of  Public  Works,  whenever,  in  his  judgment, 
the  public  interest  shall  so  require.  Any  vacancy  in  the  office  of  any 
such  assistant  superintendent  shall  be  filled  for  the  remainder  of 
the  term  for  which  he  was  appointed,  by  the  Superintendent  of  Pub- 
lic Works;  but  in  case  of  the  suspension  or  removal  of  any  such 

o  As  amended  by  vote  of  the  people,  November  7,  1876. 


i 


New  York— 1846  2681 

assistant  superintendent  by  him,  he  shall  at  once  report  to  the  Gov- 
ernor, in  writing,  the  cause  of  such  removal.  All  other  persons 
employed  in  the  care  and  management  of  the  canals,  except  collectors 
of  tolls,  and  those  in  the  department  of  the  State  Engineer  and 
Surveyor,  shall  be  appointed  by  the  Superintendent  of  Public  Works, 
and  be  subject  to  suspension  or  removal  by  him.  The  office  of  Canal 
Commissioner  is  abolished  from  and  after  the  appointment  and 
qualification  of  the  Superintendent  of  Public  Works,  until  which 
time  the  Canal  Commissioners  shall  continue  to  discharge  their 
duties  as  now  provided  by  law.  The  Superintendent  of  Public 
Works  shall  perform  all  the  duties  of  the  Canal  Commissioners,  and 
Board  of  Canal  Commissioners,  as  now  declared  by  law,  until  other- 
wise provided  by  the  Legislature.  The  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  shall  have  power  to  fill  vacancies 
in  the  office  of  Superintendent  of  Public  Works;,  if  the  Senate  be 
not  in  session,  he  may  grant  commissions  which  shall  expire  at  the 
end  of  the  next  succeeding  session  of  the  Senate. 

«  Sec.  4.  A  Superintedent  of  State  Prisons  shall  be  appointed  by 
the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and 
hold  his  office  for  five  years  unless  sooner  removed;  he  shall  give 
security  in  such  amount,  and  with  such  sureties  as  shall  be  required 
by  law  for  the  faithful  discharge  of  his  duties;  he  shall  have  the 
superintendence,  management  and  control  of  State  prisons,  subject 
to  such  laws  as  now  exist  or  may  hereafter  be  enacted ;  he  shall  ap- 
point the  agents,  wardens,  physicians  and  chaplains  of  the  prisons. 
The  agent  and  warden  of  each  prison  shall  appoint  all  other  officers 
of  such  prison,  except  the  clerk,  subject  to  the  approval  of  the  same 
by  the  Superintendent.  The  Comptroller  shall  appoint  the  clerks 
of  the  prisons.  The  Superintendent  shall  have  all  the  powers  and 
perform  all  the  duties  not  inconsistent  herewith,  which  have  hereto- 
fore been  had  and  performed  by  the  Inspectors  of  State  Prisons ;  and 
from  and  after  the  time  when  such  Superintendent  of  State  Prisons 
shall  have  been  appointed  and  qualified,  the  office  of  Inspector  of 
State  Prisons  shall  be  and  hereby  is  abolished.  The  Governor  may 
remove  tlie  Superintendent  for  cause  at  any  time,  giving  to  him  a 
copy  of  the  charges  against  him,  and  an  opportunity  to  be  heard  in 
his  defense. 

Article  VI « 

Section  1.  The  Assembly  shall  have  the  power  of  impeachment, 
by  a  vote  of  the  majority  or  all  the  members  elected.  The  Court  for 
the  Trial  of  Impeachments  shall  be  composed  of  the  President  of  the 
Senate,  the  Senators,  or  a  major  part  of  them,  and  the  Judges  of  the 
Court  of  Appeals,  or  the  major  part  of  them.  On  the  trial  of  an 
impeachment  against  the  Governor,  the  Lieutenant-Governor  shall 
not  act  as  a  member  of  the  court.  No  judicial  officer  shall  exercise 
his  office,  after  articles  of  impeachment  against  him  shall  have  been 
preferred  to  the  Senate,  until  he  shall  have  been  acquitted.  Before 
the  trial  of  an  impeachment,  the  members  of  the  court  shall  take  an 
oath  or  affirmation,  truly  and  impartially  to  try  the  impeachment, 
according  to  evidence;  and  no  person  shall  be  convicted  without  the 
concurrence  of  two-thirds  of  the  members  present.    Judgment  in 


I^K  concur: 


aAs  aiueiuled  by  vote  of  the  people,  November  7,  1876. 


2682  New  York—1846 

cases  of  impeachment  shall  not  extend  further  than  to  removal  from 
office,  or  removal  from  office  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit,  under  this  State;  but  the  party 
impeachment  shall  be  liable  to  indictment  and  punishment  according 
to  law. 

Sec.  2.  There  shall  be  a  Court  of  Appeals,  composed  of  a  Chief 
Judge  and  six  Associate  Judges,  who  shall  be  chosen  by  the  electors 
of  the  State,  and  shall  hold  their  office  for  the  term  of  fourteen  years 
from  and  including  the  first  day  of  January  next  after  their  election. 
At  the  first  election  of  Judges,  under  this  Constitution,  every  elector 
may  vote  for  the  Chief  and  only  four  of  the  Associate  Judges.  Any 
five  members  of  the  court  shall  form  a  quorum,  and  the  concurrence 
of  four  shall  be  necessary  to  a  decision.  The  court  shall  have  the 
appointment,  with  the  power  of  removal,  of  its  reporter  and  clerk, 
and  of  such  atterrdants  as  may  be  necessary. 

Sec.  3.  When  a  vacancy  shall  occur,  otherwise  than  by  expiration 
of  term,  in  the  office  of  Chief  or  Associate  Judge  of  the  Court  of 
Appeals,  the  same  shall  be  filled,  for  a  full  term,  at  the  next  general 
election  happening  not  less  than  three  months  after  such  vacancy 
occurs ;  and  until  the  vacancy  shall  be  so  filled,  the  Governor  by  and 
Avith  the  advice  and  consent  of  the  Senate,  if  the  Senate  shall  be  in 
session,  or  if  not,  the  Governor'  alone,  may  appoint  to  fill  such 
vacancy.  If  any  such  appointment  of  Chief  Judge  shall  be  made 
from  among  the  Associate  Judges,  a  temporar}^  appointment  of  Asso- 
ciate Judge  shall  be  made  in  like  manner;  but  in  such  case,  the  per- 
son appointed  Chief  Judge  shall  not  be  deemed  to  vacate  his  office 
of  Associate  Judge  any  longer  than  until  the  expiration  of  his  ap- 
pointment as  Chief  Judge.  The  powers  and  jurisdiction  of  the  court 
shall  not  be  suspended  for  Avant  of  appointment  or  election,  Avhen 
the  number  of  Judges  is  sufficient  to  constitute  a  quorum.  All 
appointments  under  this  section  shall  continue  until  and  including 
the  last  day  of  December  next  after  the  election  at  Avhich  the  vacancv 
hhall  be  filled. 

Sec.  4.  Upon  the  organization  of  the  Court  of  Appeals,  under  this 
article,  the  causes  then  pending  in  the  present  Court  of  Appeals  shall 
become  vested  in  the  Court  of  Appeals  hereby  established.  Such  of 
said  causes  as  are  pending  on  the  first  day  of  January,  eighteen  hun- 
dred and  sixty-nine,  shall  be  heard  and  determined  by  a  Commission, 
to  be  composed  of  five  Commissioners  of  Appeals,  four  of  Avhom 
shall  be  necessary  to  constitute  a  quorum ;  but  the  Court  of  Appeals 
hereby  established  may  order  any  of  said  causes  to  be  heard  therein. 
Such  Commission  shall  be  composed  of  the  Judges  of  the  present 
Court  of  Appeals,  elected  or  appointed  thereto,  and  a  fifth  Commis- 
sioner who  shall  be  appointed  by  the  Governor,  by  and  Avith  the  ad- 
Adce  and  consent  of  the  Senate ;  or,  if  the  Senate  be  not  in  session,  by 
the  Governor;  but  in  such  case,  the  appointment  shall  expire  at  the 
end  of  the  next  session. 

Sec.  5.  If  any  vacancy  shall  occur  in  the  office  of  the  said  Commis- 
sioners, it  shall  be  filled  by  appointment  b}^  the  Governor  by  and  with 
the  advice  and  consent  of  the  Senate;  or  if  the  Senate  is  not  in  ses- 
sion, by  the  Governor ;  but  in  such  case,  the  appointment  shall  expire 
at  the  end  of  the  next  session.  The  Commissioners  shall  appoint, 
from  their  number,  a  Chief  Commissioner ;  and  may  appoint  and  re- 


New  York— mo  2683 

move  such  attendants  as  may  be  necessary.  The  reporter  of  the  Court 
of  Appeals  shall  be  the  reporter  of  said  Commission.  The  decisions 
of  the  Commission  shall  be  certified  to,  and  entered  and  enforced,  as 
the  judgments  of  the  Court  of  Appeals.  The  Commission  shall  con- 
tinue until  the  causes  committed  to  it  are  determined,  but  not  exceed- 
ing three  years;  and  all  causes  then  undetermined  shall  be  heard  by 
the  Court  of  Appeals. 

Sec.  6.  There  shall  be  the  existing  Supreme  Court  with  general 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  jurisdiction 
of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by  law ;  and 
it  shall  be  composed  of  the  Justices  now  in  office,  who  shall  be  con- 
tinued during  their  respective  terms  and  of  their  successors.  The 
existing  Judicial  Districts  of  the  State  are  continued  until  changed 
pursuant  to  this  section.  Five  of  the  Justices  shall  reside  in  the 
District  in  which  is  the  City  of  New  York,  and  four  in  each  of  the 
other  Districts.  The  Legislature  may  alter  the  Districts  without  in- 
creasing the  number  once  after  every  enumeration  under  this  Consti- 
tution of  the  inhabitants  of  the  State. 

Sec.  7.  At  the  first  session  of  the  Legislature,  after  the  adoption  of 
this  article,  and  from  time  to  time  thereafter  as  may  be  necessary j 
but  not  oftener  than  once  in  five  years,  provisions  shall  be  made  for 
organizing,  in  the  Supreme  Court,  not  more  than  four  General  Terms 
thereof,  each  to  be  composed  of  a  Presiding  Justice,  and  not  more 
than  three  other  Justices,  who  shall  be  designated,  according  to  law, 
from  the  whole  number  of  Justices.  Each  Presiding  Justice  shall 
continue  to  act  as  such  during  his  term  of  office.  Provision  shall  be 
made  by  law  for  holding  the  General  Terms  in  each  judicial  district. 
Any  Justice  of  the  Supreme  Court  may  hold  Special  Terms  and  Cir- 
cuit Courts,  and  may  preside  in  Courts  of  Oyer  and  Terminer,  in  any 
county. 

Sec.  8.  No  Judge  or  Justice  shall  sit,  at  a  General  Term  of  any 
court,  or  in  the  Court  of  Appeals,  in  review  of  a  decision  made  by 
him,  or  by  any  court  of  which  he  was  at  the  time  a  sitting  member.. 
The  testimony  in  equity  cases  shall  be  taken  in  like  manner  as  in  cases 
at  law ;  and  except  as  herein  otherwise  provided,  the  Legislature 
shall  have  the  same  power  to  alter  and  regulate  the  jurisdiction  and 
proceedings  in  law  and  equity  that  they  have  heretofore  exercised. 

Sec.  9.  When  a  vacancy  shall  occur,  otherwise  than  by  expiration 
of  term,  in  the  office  of  Justice  of  the  Supreme  Court,  the  same  shall 
be  filled,  for  a  full  term,  at  the  next  general  election  happening  not 
less  than  three  months  after  such  vacancy  occurs;  and  until  any  va- 
cancy shall  be  so  filled,  the  Governor  by  and  with  the  advice  and  con- 
sent of  the  Senate,  if  the  Senate  shall  be  in  session,  or  if  not  in  session, 
the  Governor  may  appoint  to  fill  such  vacancy.  Any  such  appoint- 
ment shall  continue  until  and  including  the  last  day  of  December 
next  after  the  election  at  which  the  vacancy  shall  be  filied. 

Sec.  10.  The  Judges  of  the  Court  of  Appeals,  and  the  Justices  of 
the  Supreme  Court,  shall  not  hold  any  other  office  or  public  trust. 
All  votes  for  any  of  them,  for  any  other  than  a  judicial  office,  given 
by  the  Legislature  or  the  people,  shall  be  void. 

Sec.  11.  Judges  of  the  Court  of  Appeals,  and  Justices  of  the  Su- 
preme Court,  may  be  removed  by  concurrent  resolution  of  both  houses 
of  the  Legislature,  if  two-thirds  of  all  the  members  elected  to  each 


2684  New  York— 1846 

house  concur  therein.  All  judicial  officers,  except  those  mentioned 
in  this  section,  and  except  Justices  of  the  Peace  and  Judges  and  Jus- 
tices of  inferior  courts  not  of  recoid,  may  be  removed  by  the  Senate, 
on  the  recommendation  of  the  Governor,  if  two-thirds  of  all  the  mem- 
bers elected  to  the  Senate  concur  therein.  But  no  removal  shall  be 
made,  by  virtue  of  this  section,  unless  the  cause  thereof  be  entered 
on  the  journals,  nor  unless  the  party  complained  of  shall  have  been 
served  with  a  copy  of  the  charges  against  him,  and  shall  have  had 
an  opportunity  of  being  heard.  On  the  question  of  removal,  the 
yeas  and  nays  shall  be  entered  on  the  journal. 

Sec.  12.  The  Superior  Court  of  the  City  of  New  York,  the  Court 
of  Common  Pleas  for  the  city  and  county  of  New  York,  the  Superior 
Court  of  Buffalo,  and  the  City  Court  of  t3rooklyn,  are  continued,  with 
the  powers  and  jurisdiction  they  now  severally  have,  and  such  further 
civil  and  criminal  jurisdiction  as  may  be  conferred  by  law.  The 
Superior  Court  of  New  York  shall  be  composed  of  the  six  Judges  in 
office  at  the  adoption  of  this  article,  and  their  successors ;  the  Court  of 
Common  Pleas  of  New  York,  of  the  three  Judges  then  in  office  and 
their  successors,  and  three  additional  Judges;  the  Superior  Court  of 
Buffalo,  of  the  Judges  now  in  office  and  their  successors;  and  the  City 
Court  of  Brooklyn  of  such  number  of  Judges  not  exceeding  three  as 
may  be  provided  by  law.  The  Judges  of  said  courts  in  office  at  the 
adoption  of  this  article  are  continued  until  the  expiration  of  their 
terms.  A  Chief  Judge  shall  be  appointed  by  the  Judges  of  each  of  said 
courts  from  their  ow^n  number,  who  shall  act  as  such  during  his  official 
term.  Vacancies  in  the  office  of  the  Judges  named  in  this  section  oc- 
curring otherwise  than  by  expiration  of  term  shall  be  filled  in  the 
same  manner  as  vacancies  in  the  Supreme  Court.  The  Legislature 
may  provide  for  detailing  Judges  of  the  Superior  Court  and  Court 
of  Common  Pleas  of  New  York  to  hold  Circuits  or  Special  Terms  of 
the  Supreme  Court  in  that  city  as  the  public  interest  may  require. 

Sec.  13.  Justices  of  the  Supreme  Court  shall  be  chosen  by  the 
electors  of  their  respective  Judicial  Districts.  Judges  of  all  the 
courts  mentioned  in  the  last  preceding  section  shall  be  chosen  by  the 
electors  of  the  cities  respectively  in  which  the  said  courts  are  insti- 
tuted. The  official  terms  of  the  said  Justices  and  Judges  who  shall 
be  elected  after  the  adoption  of  this  article  shall  be  fourteen  years 
from  and  including  the  first  day  of  January  next  after  their  elec- 
tion. But  no  person  shall  hold  the  office  of  justice  or  Judge  of  any 
court  longer  than  until  and  including  the  last  day  of  December  next 
after  he  shall  be  seventy  years  of  age. 

Sec.  14.  The  Judges  and  Justices  hereinbefore  mentioned  shall  re- 
ceive for  their  services  a  compensation  to  be  established  by  law, 
which  shall  not  be  diminished  during  their  official  terms.  Except  the 
Judges  of  tlie  Court  of  Appeals  and  the  Justices  of  the  Supreme 
Court,  they  shall  be  paid,  and  the  expenses  of  their  courts  defrayed, 
by  the  cities  or  counties  in  which  such  courts  are  instituted,  as  shall 
be  provided  by  law. 

Sec.  15.  The  existing  County  Courts  are  continued,  and  the  Judges 
thereof  in  office  at  the  adoption  of  this  article  shall  hold  their  offices 
until  the  expiration  of  their  respective  terms.  Their  successors  shall 
be  chosen  by  the  electors  of  the  counties,  for  the  term  of  six  years. 
The  County  Court  shall  have  the  powers  and  jurisdiction  they  now 


New  York— 1846  2685 

possess,  until  altered  by  the  Legislature.  They  shall  also  have  origi- 
nal jurisdiction  in  all  cases  where  the  defendants  reside  in  the  county 
and  in  which  the  damages  claimed  shall  not  exceed  one  thousand  dol- 
lars; and  also  such  appellate  jurisdiction  as  shall  be  provided  by  law, 
subject,  however,  to  such  provision  as  shall  be  made  by  law  for  the 
removal  of  causes  into  the  Supreme  Court.  They  shall  also  have  such 
other  original  jurisdiction  as  shall,  from  time  to  time,  be  conferred 
upon  them  by  the  Legislature.  The  County  Judge,  with  two  Justices 
of  the  Peace,  to  be  designated  according  to  law%  may  hold  Courts  of 
Sessions,  with  such  criminal  jurisdiction  as  the  Legislature  shall  pre- 
scribe, and  he  shall  perform  such  other  duties  as  may  be  required  by 
law.  His  salary,  and  the  salary  of  the  Surrogate  w^hen  elected  as  a 
separate  officer,  shall  be  established  by  law,  payable  out  of  the  County 
Treasury,  and  shall  not  be  diminished  during  his  term  of  office.  The 
Justices  of  the  Peace  shall  be  paid,  for  services  in  Courts  of  Sessions, 
a  per  diem  allpwance  out  of  the  County  Treasury.  The  County  Judge 
shall  also  be  Surrogate  of  his  county ;  but  in  counties  having  a  popu- 
lation exceeding  forty  thousand,  the  Legislature  may  provide  for  the 
election  of  a  separate  officer  to  be  Surrogate,  whose  term  of  office  shall 
be  the  same  as  that  of  the  County  Judge.  The  County  Judge  of  any 
county  may  preside  at  Courts  of  Sessions,  or  hold  County  Courts,  in 
any  other  county,  except  New  York  and  Kings,  when  requested  by  the 
Judge  of  such  other  county. 

Sec.  16.  The  Legislature  may,  on  application  of  the  board  of  super- 
visors, i^rovide  for  the  election  of  local  officers,  not  to  exceed  two  in 
any  county,  to  discharge  the  duties  of  County  eJudge  and  of  Surro- 
gate, in  cases  of  their  inability,  or  of  a  vacancy,  and  to  exercise  such 
other  powers  in  special  cases  as  may  be  provided  by  law. 

Sec.  17.  The  Legislature  shall  provide  for  submitting  to  the  elec- 
tors of  the  State,  at  the  general  election  in  the  year  eighteen  hundred 
and  seventy-three,  two  questions,  to  be  voted  upon  on  separate  ballots, 
as  follows:  First,  "Shall  the  offices  of  Chief  Justice  and  Associate 
»Judge  of  the  Court  of  Appeals,  and  of  Justice  of  the  Supreme  Court, 
be  hereafter  filled  by  appointment?" «  If  a  majority  of  the  votes 
upon  the  question  shall  be  in  the  affirmative,  the  said  officers  shall 
not  thereafter  be  elective,  but,  as  vacancies  occur,  they  shall  be  filled 
by  appointment  by  the  Governor  by  and  with  the  advice  and  consent 
of  the  Senate;  or  if  the  Senate  be  not  in  session,  by  the  Governor; 
but  in  such  case,  he  shall  nominate  to  the  Senate  w^hen  next  convened, 
and  such  apj)ointment  by  the  Governor  alone  shall  expire  at  the  end 
of  that  session.  Second, "'  Shall  the  offices  of  the  Judges  mentioned  in 
sections  twelve  and  fifteen  of  article  six  of  the  Constitution,  be  here- 
after filled  by  appointment?""  If  a  majority  of  the  votes  upon  the 
question  shall  be  in  the  affirmative,  the  said  officers  shall  not  there- 
after be  elective,  but,  as  vacancies  occur,  they  shall  be  filled  in  the 
manner  in  this  section  above  provided. 

Sec.  18.  The  electors  of  the  several  towns  shall,  at  their  annual 
town  meeting,  and  in  such  manner  as  the  Legislature  may  direct, 
elect  Justices  of  the  Peace,  whose  term  of  office  shall  be  four  years. 

o  Submitted  to  vote  of  the  people,  November  4,  1873 — pursuant  to  chapter  314, 
Laws  of  1873, — and  determined  in  the  negative. 


2686  New  York—1846 

In  case  of  an  election  to  fill  a  vacanc}^  occurring  before  the  expira- 
tion of  a  full  term,  they  shall  hold  for  the  residue  of  the  unexpired 
term.  Their  number  and  classification  may  be  regulated  by  law. 
Justices  of  the  Peace,  and  Judges  or  Justices  of  inferior  courts  not  of 
record  and  their  clerks,  may  be  removed,  after  due  notice  and  an 
opportunity  of  being  heard  by  such  courts  as  may  be  prescribed  by 
law,  for  causes  to  be  assigned  in  the  order  of  removal.  Justices  of 
the  Peace  and  District  Court  Justices  shall  be  elected  in  the  different 
cities  of  this  State,  in  such  manner,  and  with  such  powers,  and  for 
such  terms,  respectively,  as  shall  be  prescribed  by  law;  all  other 
judicial  officers  in  cities,  whose  election  or  appointment  is  not  other- 
wise provided  for  in  this  article,  shall  be  chosen  by  the  electors  of 
cities,  or  appointed  by  some  local  authorities  thereof. 

Sec.  19.  Inferior  local  courts  of  civil  and  criminal  jurisdiction  may 
be  established  by  the  Legislature ;  and  except  as  herein  otherwise  pro- 
vided, all  judicial  officers  shall  be  elected  or  appointed  at  such  times, 
and  in  such  manner,  as  the  Legislature  may  direct. 

Sec.  20.  Clerks  of  the  several  counties  shall  be  Clerks  of  the  Su- 
preme Court,  with  such  powers  and  duties  as  shall  be  prescribed  by 
law.  The  Clerk  of  the  Court  of  Appeals  shall  keep  his  office  at  the 
seat  of  government.  His  compensation  shall  be  fixed  by  law  and 
paid  out  of  the  public  treasury. 

Sec.  21.  No  judicial  officer,  except  Justices  of  the  Peace,  shall 
receive  to  his  own  use  any  fees  or  perquisites  of  office ;  nor  shall  any 
Judge  of  the  Court  of  Appeals,  Justice  of  the  Supreme  Court,  or 
Judge  of  a  court  of  record  in  the  cities  of  New  York,  Brooklyn  or 
Buffalo,  practice  as  an  attorney  or  counselor  in  any  court  of  record 
in  this  State,  or  act  as  referee. 

Sec.  22.  The  Legislature  may  authorize  the  judgments,  decrees  and 
decisions  of  any  court  of  record  of  original  civil  jurisdiction,  estab- 
blished  in  a  city,  to  be  removed  for  review,  directly  into  the  Court  of 
Appeals. 

Sec.  23.  The  Legislature  shall  provide  for  the  speedy  publication 
of  all  Statutes,  and  also  for  the  appointment  by  the  Justices  of  the 
Supreme  Court  designated  to  hold  General  Terms,  of  a  reporter  of 
the  decisions  of  that  court.  All  laws  and  judicial  decisions  shall  be 
free  for  publication  by  any  person. 

Sec.  24.  The  first  election  of  Judges  of  the  Court  of  Appeals,  and 
of  the  three  additional  Judges  of  the  Court  of  Common  Pleas  for  the 
city  and  county  of  New  York  shall  take  place  on  such  day,  between 
the  first  Tuesday  of  April  and  the  second  Tuesday  in  June  next  after 
the  adoption  of  this  article,  as  may  be  provided  by  law.  The  Court 
of  Appeals,  the  Commissioners  of  Appeals,  and  the  additional  Judges 
of  the  said  Court  of  Common  Pleas,  shall  respectively  enter  upon  their 
dutes  on  the  first  Monday  of  July  thereafter. 

Sec.  25.  Surrogates,  Justices  of  the  Peace  and  local  judicial  officers 
provided  for  in  section  sixteen,  in  office  when  this  article  shall  take 
effect,  shall  hold  their  respective  offices  until  the  expiration  of  their 
terms. 

Sec.  26.  Courts  of  Special  Sessions  shall  have  such  jurisdiction  of 
offenses  of  the  grade  of  misdemeanors  as  may  be  prescribed  by  law. 

Sec.  27.  For  the  relief  of  Surrogates'  Courts,  the  Legislature  may 
confer  upon  courts  of  record,  in  any  county  having  a  population 
exceding  four  hundred  thousand,  the  powers  and  jurisdiction  of 


New  York— 1846  2687 

Surrogates,  with  authority  to  try  issues  of  fact  by  jury  in  probate 
causes. 

^  Sec.  28.  The  Court  of  Appeals  may  order  any  of  the  causes,  not 
exceeding  five  hundred  in  number,  pending  in  that  court  at  the  time 
of  the  adoption  of  this  provision,  to  be  heard  and  determined  by  the 
Commissioners  of  Appeals,  and  the  Legislature  may  extend  the  term 
of  service  of  the  Commissioners  of  Appeals,  not  exceeding  two  years.^ 

^  Sec.  28.  The  Legislature,  at  the  first  session  thereof  after  the 
adoption  of  this  amendmtent,  shall  provide  for  organizing  in  the 
Supreme  Court  not  more  than  five  General  Terms  thereof;  and  for 
the  election  at  the  general  election  next  after  the  adoption  of  this 
amendment,  by  the  electors,  of  the  judicial  districts  mentioned  in  this 
section,  respectively,  of  not  more  than  two  Justices  of  the  Supreme 
Court  in  addition  to  the  Justices  of  that  court  now  in  office  in  the  first, 
fifth,  seventh  and  eighth,  and  not  more  than  one  Justice  of  that  court 
in  the  second,  third,  fourth  and  sixth  judicial  districts.*^  The  Justices 
so  elected  shall  be  invested  with  their  offices  on  the  first  Monday  of 
June  next  after  their  election. 

Article  VI 

.  ^  Sec.  6.  There  shall  be  the  existing  Supreme  Court,  with  general 
jurisdiction  in  law  and  equity,  subject  to  such  appellate  jurisdiction 
of  the  Court  of  Appeals  as  now  is  or  may  be  prescribed  by  law ;  and 
it  shall  be  composed  of  the  Justices  now  in  office,  with  one  additional 
Justice,  to  be  elected  as  hereinafter  provided,  who  shall  be  continued 
during  their  respective  terms,  and  of  their  successors.  The  existing 
judicial  districts  of  the  State  are  continued  until  changed  pursuant  to 
this  section.^  Five  of  the  Justices  shall  reside  in  the  district  in  which 
is  the  city  of  New  York,  and  five  in  the  second  judicial  district  and 
four  in  each  of  the  other  districts. ^^  The  Legislature  may  alter  the 
districts,  without  increasing  the  number,  once  after  every  enumera- 
tion, under  this  Constitution,  of  the  inhabitants  of  the  State. 

^  Sec.  12.  The  Superior  Court  in  the  city  of  New  York,  the  Court 
of  Common  Pleas  for  the  city  and  county  of  New  York,  the  Superior 
Court  of  Buffalo,  and  the  City  Court  of  Brooklyn,  are  continued  w^ith 
the  poAvers  and  jurisdiction  they  now  severally  have,  and  such  further 

«  Section  28  added  by  vote  of  the  people,  November  5,  1872. 

Article  0  of  the  Constitution  (except  section  28)  was  framed  by  delegates 
elected  April  28,  1807,  under  chapter  194,  i^aws  of  1867,  to  a  Constitutional  Con- 
vention (convened  pursuant  to  section  2  of  article  13  of  the  Constitution,  by  vote 
of  the  people  at  the  general  election  held  November  (5,  180(5),  which  Convention 
met  in  the  city  of  Albany  June  4,  1807,  and  adjourned  February  28,  1808. 

Article  6  (except  section  28)  was  submitted  separately  to  the  people,  pur- 
suant to  chapter  318,  Laws  of  1869,  at  the  general  election  held  November  2, 
1809,  and  declared  ratified  and  adopted  by  the  Board  of  State  Canvassers,  by 
certificate  of  determination,  dated  December  0,  1869,  the  otticial  vote  thereon, 
as  declared,  standing,  "  for  the  amended  judiciary  article,"  247,240  votes,  and 
**  against  the  amended  judiciary  article,"  240,442  votes. 

6  Term  of  service  of  Commissioners  of  Appeals  extended  to  July  1,  1875,  by 
chapter  3,  Laws  of  1873. 

c  So  in  the  original.     As  amended  by  vote  of  the  people,  November  7,  1882. 

^  See  chapter  329,  Laws  of  1883. 

'^  As  amended  by  a  vote  of  the  people  November  4,  1879. 

f  See  chapter  241.  Laws  of  1847.  chapter  48r»,  Laws  of  1857,  and  chapter  24, 
Laws  of  1876,  for  existing  judicial  districts.  See,  also,  section  28,  adopted  by 
people  November  7,  1882.  increasing  number  of  Justices  of  the  Supreme  Court, 
and  chai)ter  32i),  Laws  of  1883. 

'J  See  note  «  on  p.  2088, 


2688  New  York— 1846 

civil  and  criminal  jurisdiction  as  may  be  conferred  by  law.  The 
Superior  Court  of  New  York  shall  be  composed  of  the  six  Judges  in 
office  at  the  adoption  of  this  article,  and  their  successors ;  the  Court  of 
Common  Pleas  of  New  York,  of  the  three  Judges  then  in  office,  and 
their  successors,  and  three  additional  Judges;  the  Superior  Court  of 
Buffalo,  of  the  Judges  now  in  office  and  their  successors ;  and  the  City 
Court  of  Brooklyn,  of  such  number  of  Judges,  not  exceeding  three, 
as  may  be  provided  by  law.  The  Judges  of  said  courts,  in  office  at 
the  adoption  of  this  article,  are  continueti  until  the  expiration  of 
their  terms.  A  Chief  Judge  shall  be  appointed  by  the  Judges  of 
each  of  said  courts,  from  their  own  number,  w^ho  shall  act  as  such 
during  his  official  term.  Vacancies  in  the  office  of  the  Judges  named 
in  this  section,  occurring  otherwise  than  by  expiration  of  term,  shall 
be  filled  in  the  same  manner  as  vacancies  in  the  Supreme  Court.  The 
Legislature  may  provide  for  detailing  Judges  of  the  Superior  Court 
and  Court  of  Common  Pleas  of  New  York,  to  hold  Circuits  and  Spe- 
cial Terms  of  the  Supreme  Court  in  that  city,  and"  for  detailing 
Judges  of  the  City  Court  of  Brooklyn  to  hold  Circuits  and  Special 
Terms  of  the  Supreme  Court  in  Kings  county,  as  the  public  interest 
may  require. 

^  Sec.  13.  Justices  of  the  Supreme  Court  shall  be  chosen  by  the 
electors  of  their  respective  judicial  districts.  Judges  of  all  courts 
mentioned  in  the  last  preceding  section  shall  be  chosen  by  the  electors 
of  the  cities  respectively  in  which  said  courts  are  instituted.  The 
official  terms  of  the  said  Justices  and  Judges  who  shall  be  elected 
after  the  adoption  of  this  article,  shall  be  fourteen  years  from  and 
including  the  first  day  of  January  next  after  their  election.     But  no 

a  Sections  12  and  13,  amended  by  vote  of  the  people,  November  2,  1880. 

"  Journal  of  the  Convention  of  the  State  of  New  York,  begun  and  held  at  the 
Capitol,  in  the  City  of  Albany  on  the  4th  Day  of  June,  1867.  Albany :  Weed, 
Parsons  &  Company ;  Printers  to  the  Convention.     1867.     pp.  1547." 

"  Proceedings  and  Debates  of  the  Constitutional  Convention  of  the  State  of 
New  York,  held  in  1867  and  1868,  in  the  City  of  Albany.  Re^^orted  by  Edward 
F.  Underbill,  official  stenographer,  Vols,  I,  II,  III,  IV,  V.  With  Index.  Albany : 
Weed,  Parsons  and  Company,  Printers  to  the  convention.     1868." 

"  New  York  Convention  Manual  prepared  in  pursuance  of  Chapters  194  and 
458,  of  the  laws  of  1867,  under  the  Direction  of  Francis  C.  Barlow,  Secretary  of 
State,  Thomas  Hillhouse,  Comptroller,  and  John  H.  Martindale,  Attorney-Gen- 
eral. By  Franklin  B.  Hough.  Part  I.  pp.  586.  Constitutions,  Part  II.  pp. 
462.     Statistics.     Albany,  N.  Y. :  Weed,  Parsons  &  Company,  Printers.     1867." 

"Documents  of  the  Convention  of  the  State  of  New  York,  1867-68.  Vols. 
I,  II,  III,  IV,  V.  Nos.  1  to  183  inclusive.  Albau :  Weed,  Parsons  and  Com- 
pany, Printers  to  the  Convention.     1868." 

"  Revision  Documents  of  the  Constitutional  Convention  of  the  State  of  New 
York,  1867-'68.  Albany,  N.  y. :  Weed,  Parsons  and  Co.,  Printers  to  the  Con- 
vention.    1868."     pp.  23. 

"  Reflections  on  the  changes  which  may  seem  necessary  in  the  present  Con- 
stitution of  the  State  of  New  York.  Published  by  the  New  York  Union  League 
Club,  by  Francis  Lieber,  LL.  D.,  Professor  of  Constitutional  Law  in  the  Law 
School  of  Columbia  College,  New  York,  1869.     pp.  50. 

See  "  Journal  of  the  Constitutional  Commission  of  the  State  of  New  York. 
Begun  and  Held  in  the  Common  Council  Chamber,  in  the  City  of  Albany,  on  the 
4th  Day  of  December,  1872-3.  Albany :  Weed,  Parsons  &  Co.,  Printers,  1873,  pp. 
483.     Appendix. 

"  Concurrent  Resolutions  proposing  Amendments  to  the  Constitution,  of  the 
State-of  New  York,  with  Act  of  the  Legislature,  prescribing  the  form  of  ballot 
for  voting  thereon,  and  manner  of  submitting  the  same  to  the  Electors  of  the 
State.  Published  by  the  New  York  State  Council  of  Political  Reform.  Albany, 
August  18,  1874,"  pp.  16. 


New  York— 1846  2689 

person  shall  hold  the  office  of  Justice  or  Judge  of  any  court  longer 
than  until  and  including  the  last  day  of  December  next,  after  he  shall 
be  seventy  years  of  age.  The  compensation  of  every  Judge  of  the 
Court  of  Appeals  and  of  every  Justice  of  the  Supreme  Court,  whose 
term  of  office  shall  be  abridged  pursuant  to  this  provision,  and  who 
shall  have  served  as  such  Judge  or  Justice  ten  years  or  more,  shall 
be  continued  during  the  remainder  of  the  term  for  which  he  was 
elected. 

Article  VII 

"■  Sec.  3.  The  first  and  second  sections  of  this  article  having  been 
fully  complied  with,  no  tolls  shall  hereafter  be  imposed  on  persons  or 
property  transported  on  the  canals,  but  all  boats  navigating  the 
canals,  and  the  owners  and 

^  Sec.  5.  There  shall  annually  be  imposed  and  levied  a  tax,  which 
shall  be  sufficient  to  pay  the  interest  and  ex- 

«  Sec.  6.  The  Legislature  shall  not  sell,  lease  or  otherwise  dispose 
of  the  Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cayuga 
and  Seneca  canal,  or  the  Black  River  canal ;  but  they  shall  remain  the 
property  of  the  State  and  under  its  management  forever.  All  funds 
that  may  be  derived  from  'any  lease,  sale  or  other  disposition  of  any 
canal  shall  be  applied  in  payment  of  the  canal  debt  mentioned  in  the 
third  section  of  this  article. 

«  Sec.  13.  The  sinking  funds  provided  for  the  payment  of  interest 
and  the  extinguishment  of  the  principal  of  the  debts  of  the  State  shall 
be  separately  kept  and  safely  invested,  and  neither  of  them  shall  be 
appropriated  or  used  in  any  manner  other  than  for  the  specific  pur- 
pose for  which  it  shall  have  been  provided. 

«  Sec.  14.  Neither  the  Legislature,  Canal  Board,  Canal  Appraisers, 
nor  any  person  or  persons  acting  in  behalf  of  the  State,  shall  audit, 
allow,  or  pay  any  claim  which,  as  between  citizens  of  the  State,  would 
be  barred  by  lapse  of  time.  The  limitation  of  existing  claims  shall 
l)egin  to  run  from  the  adoption  of  this  section;  but  this  provision 
shall  not  be  construed  to  revive  claims  already  barred  by  existing 
statutes,  nor  to  repeal  any  statute  fixing  the  time  within  ^vhich  claims 
shall  be  presented  or  allowed,  nor  shall  it  extend  to  any  claims  duly 
presented  within  the  time  allowed  by  law,  and  prosecuted  with  due 
diligence  from  the  time  of  such  presentment.  But  if  the  claimant 
shall  be  under  legal  disability,  the  claim  may  be  presented  within  two 
years  after  such  disability  is  removed. 

Article  VIII 

"  Sec.  4.  The  Legislature  shall,  by  general  law,  conform  all  char- 
ters of  savings  banks,  or  institutions  for  savings,  to  a  uniformity  of 
powers,  rights  and  liabilities,  and  all  charters  hereafter  granted  for 
such  corporations  shall  be  made  to  conform  to  such  general  law,  and 
to  such  amendments  as  may  be  made  thereto.  And  no  such  corpora- 
tion shall  have  any  capital  stock,  nor  shall  the  trustees  thereof,  or  any 
of  them,  have  any  interest  whatever,  direct  or  indirect,  in  the  profits 
of  such  corporation ;  and  no  director  or  trustee  of  any  such  bank  or 
institution  shall  be  interested  in  any  loan  or  use  of  any  money  oi* 

«  As  amended  by  vote  of  the  people,  November  3,  1874. 


2690  New  York— 1846 

property  of  such  bank  or  institution  for  savings.  The  legislature 
shall  have  no  power  to  pass  any  act  granting  any  special  chartetr  for 
banking  purposes;  but  corporations  or  associations  may  be  formed 
for  such  purposes  under  general  laws. 

«  Sec.  10.  Neither  the  credit  nor  the  money  of  the  State  shall  be 
given  or  loaned  to  or  in  aid  of  any  association,  corporation  or  private 
undertaking.  This  section  shall  not,  however,  prevent  the  Legis- 
lature from  making  such  provision  for  the  education  and  support  of 
the  blind,  the  deaf  and  dumb,  and  juvenile  delinquents,  as  to  it  may 
seem  proper.  Nor  shall  it  apply  to  any  fund  or  property  now  held, 
or  which  may  hereafter  be  held,  by  the  State  for  educational  purposes. 

^  Sec.  11.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  indi- 
rectly the  owner  of  stock  in,  or  bonds  of,  any  association  or  corpora- 
tion ;  nor  shall  any  such  county,  city,  town  or  village  be  allowed  to 
incur  any  indebtedness  except  for  county,  city,  town  or  village  pur- 
poses. This  section  shall  not  prevent  such  county,  city,  town  or  vil- 
lage from  making  such  provision  for  the  aid  or  support  of  its  poor 
as  may  be  authorized  by  laAv.  No  county  containing  a  city  of  over 
one  hundred  thousand  inhabitants,  or  any  such  city,  shall  be  allowed 
to  become  indebted  for  any  purpose  or  in  any  manner  to  an  amount 
which,  including  existing  indebtedness,  shall  exceed  ten  per  centum 
of  the  assessed  valuation  of  the  real  estate  of  such  county  or  city 
subject  to  taxation,  as  it  appeared  by  the  assessment-rolls  of  said 
county  or  city  on  the  last  assessment  for  State  or  county  taxes  prior 
to  the  incurring  of  such  indebtedness ;  and  all  indebtedness  in  excess 
of  such  limitation,  except  such  as  may  now  exist,  shall  be  absolutely 
void,  except  as  herein  otherwise  provided.  No  such  county  or  such 
city  whose  present  indebtedness  exceeds  ten  per  centum  of  the  as- 
sessed valuation  of  its  real  estate  subject  to  taxation  shall  be  allowed 
to  become  indebted  in  any  further  amount  until  such  indebtedness 
shall  be  reduced  within  such  limit.  This  section  shall  not  be  con- 
strued to  prevent  the  issuing  of  certificates  of  indebtedness  or  revenue 
bonds  issued  in  anticipation  of  the  collection  of  taxes  for  amounts 
actually  contained,  or  to  be  contained  in  the  taxes  for  the  year  when 
such  certificates  or  revenue  bonds  are  issued  and  payable  out  of  such 
taxes.  Nor  shall  this  section  be  construed  to  prevent  the  issue  of 
bonds  to  provide  for  the  supply  of  water,  but  the  term  of  the  bonds 
issued  to  provide  for  the  supply  of  Avater  shall  not  exceed  twenty 
years,  and  a  sinking  fund  shall  be  created  on  the  issuing  of  the  said 
bonds  for  their  redemption,  by  raising  annually  a  sum  which  will 
produce  an  amount  equal  to  the  sum  of  the  principal  and  interest  of 
sand  bonds  at  their  maturity.  The  amount  hereafter  to  be  raised  by 
tax  for  county  or  city  purposes,  in  any  county  containing  a  city  of 
over  one  hundred  thousand  inhabitants,  or  any  such  city  of  this  State, 
in  addition  to  providing  for  the  principal  and  interest  of  existing 
debt,  shall  not  in  the  aggregate  exceed  in  any  one  year  two  per 
centum  of  the  assessed  valuation  of  the  real  and  personal  estate  of 
such  county  or  city,  to  be  ascertained  as  prescribed  in  this  section  in 
respect  to  county  or  city  debt. 

«  As  amended  by  vote  of  the  people,  November  3,  1874. 

ft  Sections  10  and  11  added  by  vote  of  the  people,  November  8,  1S74,  and  section 
11  amended  by  vote  of  the  people,  November  4,  1884, 


New  York— 1846  2691 

Article  X 

°  Sec.  9.  No  officer  whose  salary  is  fixed  by  the  Constitution  shall 
receive  any  additonal  compensation.  Each  of  the  other  State  officers 
named  in  the  Constitution  shall,  during  his  continuance  in  office, 
receive  a  compensation,  to  be  fixed  by  law,  which  shall  not  be 
increased  or  diminished  during  the  term  for  which  he  shall  have  been 
elected  or  appointed ;  nor  shall  he  receive  to  his  use  any  fees  or  per- 
quisites of  office  or  other  compensation. 

Article  XII  ^ 

Section  1.  Members  of  the  Legislature  (and  all  officers,  executive 
and  judicial,  except  such  inferior  officers  as  shall  be  by  law  exempted) 
shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
and  subscribe  the  following  oath  or  affirmation :  "I  do  solemnly 
swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  New  York,  and  that  I 
will  faithfully  discharge  the  duties  of  the  office  of  ,  according 

to  the  best  of  my  ability ;  "  and  all  such  officers  who  shall  have  been 
chosen  at  any  election  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  oath  or  affirmation  above 
prescribed,  together  with  the  following  addition  thereto,  as  part 
thereof : 

"And  I  do  further  sloemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute  any  money  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have 
not  made  any  promise  to  influence  the  giving  or  withholding  any 
such  vote,"  and  no  other  oath,  declaration  or  test  shall  be  required  as 
a  qualification  for  any  office  of  public  trust. 

Article  XV  *' 

Section  1.  Any  person  holding  office  under  the  laws  of  this  State, 
who,  except  in  payment  of  his  legal  salary,  fees  or  perquisites,  shall 
receive  or  consent  to  receive,  directly  or  indirectly,  any  thing  of  value 
or  of  personal  advantage,  or  the  promise  thereof,  for  performing 
or  omitting  to  perform  any  official  act,  or  with  the  express  or  im- 
plied understanding  that  his  official  action  or  omission  to  act  is  to 
be  in  any  degree  influenced  thereby,  shall  be  deemed  guilty  of  a 
felony.  This  section  shall  not  affect  the  validity  of  any  existing 
statute  in  relation  to  the  offense  of  bribery. 

Sec.  2.  And  person  who  shall  offer  or  promise  a  bribe  to  an  officer, 
if  it  shall  be  received,  shall  be  deemed  guilty  of  a  felony  and  liable 
to  punishment,  except  as  herein  provided.  No  person  offering  a 
bribe  shall,  upon  any  prosecution  of  the  officer  lor  receiving  such 
bribe,  be  privileged  from  testifying  in  relation  thereto,  and  he  shall 
not  be  liable  to  civil  or  criminal  prosecution  therefor,  if  he  shall 
testify  to  the  giving  or  offering  of  such  bribe.     Any  person  who  shall 


I 


a  Section  9  added  by  vote  of  the  people,  November  3,  1874. 
6  As  amended  by  vote  of  the  people,  November  3,  1874. 
c  Article  15  added  by  vote  of  the  people,  November  3,  1874. 

7254— VOL  5—09 11 


2692  New  York— 1845-1886 

offer  or  promise  a  bribe,  if  it  be  rejected  by  the  officer  to  whom  it 
was  tendered,  shall  be  deemed  guilty  of  an  attempt  to  bribe,  which 
is  hereby  declared  to  be  a  felony. 

Sec.  3.  Any  person  charged  wdth  receiving  a  bribe,  or  with  offer- 
ing or  promising  a  bribe,  shall  be  permitted  to  testify  in  his  own 
behalf  in  any  civil  or  criminal  prosecution  therefor. 

Sec.  4.  Any  District  Attorney  who  shall  fail  faithfully  to  prosecute 
a  person  charged  Avith  the  violation  in  his  county  of  any  provision 
of  this  article  which  may  come  to  his  knowledge  shall  be  removed 
from  office  by  the  Governor,  after  due  notice  and  an  opportunity  of 
being  heard  in  his  defense.  The  expenses  which  shall  be  incurred  by 
any  county,  in  investigating  and  prosecuting  any  charge  of  bribery 
or  attempting  to  bribe  any  ^^erson  holding  office  under  the  laws  of  this 
State,  within  such  county,  or  of  receiving  bribes  by  any  such  person 
in  said  county,  shall  be  a  charge  against  the  State,  and  their  payment 
by  the  State  shall  be  provided  for  by  law. 

Article  XVI « 

Section  1.  All  amendments  to  the  Constitution  shall  be  in  force 
from  and  including  the  first  day  of  January  succeeding  the  election 
at  which  the  same  were  adopted,  except  when  otherwise  provided 
by  such  amendments. 

Done  in  Convention,  at  the  Capitol  in  the  city  of  Albany  the  ninth 
day  of  October  in  the  year  one  thousand  eight  hundred  and  forty- 
six,  and  of  the  Independence  of  the  United  States  of  America  the 
seventy-first. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

John  Tracy, 
President  and  Delegate  from  County  of  Chenango. 

James  F.  Starbuck, 

H.  W.  Strong, 

Fr.  Seger, 

Secretaries 


VOTE    OF   THE   PEOPLE    UPON   THE    CONSTITUTION   AND    ITS 

AMENDMENTS— 1845-1886. 

Nov.  4,  1845.  For  a  convention  to  consider  and  alter  Constitution 213,  257 

Against 33,  860 

Nov.  3,  1846.  For  amended  Constitution 221,528 

Against 92,436 

Feb.  15, 1854.  For  amendment  of  section  3  of  article  7,  for  speedy  com- 
pletion of  canals 185,771 

Against 60,  526 

Nov.  6,  1866.  For  a  convention  to  revise  Constitution 352,854 

Against 256,364 

a  Article  16  added  by  vote  of  tbe  people,  November  3,  1874. 


New  York— 1845-1886  2693 

Nov.  2,  1869.  For  the  amended  Constitution 223,935 

Against 290,  456 

For  the  amended  Judiciary  article 247,240 

Against 240,442 

For  a  uniform  rule  of  assessment  and  taxation  of  real 

and  personal  property 183,812 

Against 272,  260 

For  the  property  qualification  for  colored  men 282,403 

Against 249,  802 

Nov.  5,  1872.  For  amendment  of  article  6,  relating  to  Commission  of 

Appeals 176, 038 

Against 9, 196 

Nov.  4,  1873.  For  appointment  of  Judges  of  Court  of  Appeals  and  of 

Supreme  Court 115,337 

Against 319,  979 

For  appointment  of  Judges  of  county  and  certain  city 

courts 110,  725 

Against 319,  660 

Nov.  3,  1874.  For  amendment  of  article  2 357,635 

Against 177,  033 

For  amendment  of  article  3,  sections  1  to  8 325,904 

Against 206,029 

For  amendment  of  article  3,  sections  17  to  25 435,  313 

Against 98,  050 

For  amendment  of  article  4 336, 197 

Against 196, 125 

For  amendment  of  article  7 428,190 

Against 104, 139 

For  amendment  of  article  8,  sections  4  and  11 337,891 

Against 194,  234 

For  amendment  of  article  8,  section  10 336,237 

Against 195,  047 

For  amendment  of  article  10 335,548 

Against 194,  333 

For  amendment  of  article  12 352,514 

Against 179,  365 

For  new  article  15 351,693 

Against 177,  923 

For  new  article  16 446,883 

Against 85,  758 

Nov.  7,  1870.  For  amendment  of  article  5,  section  3 533, 153 

Against 81,  832 

For  amendment  of  article  5,  section  4 530,226 

Against 80,  358 

Nov.  4,  1879.  For  amendment  of  article  6,  section  6 95,331 

Against 25,578 

Nov.  2,  1880.  For  amendment  of  article  6,  sections  12  and  13 221,903 

Against 111,  225 

Nov.  7,  1882.  For  amendment  of  section  3  of  article  7 486, 105 

Against 163, 151 

For  amendment  of  article  6 248,784 

Against 75,  644 

Nov.  4,  1884.  For  amendment  of  section  11  of  article  8 «. 499,661 

Against 9, 161 

Nov.  2,  1886.  For  a  convention  to  revise  the  Constitution  and  amend 

the  same 0574, 993 

Against 630,  766 

o  Including  218,376  informal  votes.        » Including  3,735  informal  votes. 


2694  New  York— 1894 

THE  CONSTITUTION  OF  NEW  YORK— 1894  *  « 

PREAMBLE 

We,  the  people  of  the  State  of  New  York,  grateful  to  Almighty 
God  for  our  freedom,  in  order  to  secure  its  blessing,  do  establish  this 
Constitution. 

Article  I 

Section  1.  No  member  of  this  State  shall  be  disfranchised,  or  de- 
prived of  any  of  the  rights  and  privileges  secured  to  any  citizen 
thereof,  unless  by  the  law  of  the  land,  or  the  judgment  of  his  peers. 

[Section  1  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  2.  The  trial  by  jury  in  all  cases  in  which  it  has  been  heretofore 
used  shall  remain  inviolate  forever;  but  a  jury  trial  may  be  waived 
by  the  parties  in  all  civil  cases  in  the  manner  to  be  prescribed  by  law. 

[Section  2  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  3.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference,  shall  forever  be 
allowed  in  this  State  to  all  mankind ;  and  no  person  shall  be  rendered 
incompetent  to  be  a  witness  on  account  of  his  opinions  on  matters  of 
religious  belief;  but  the  liberty  of  conscience  hereby  secured  shall^not 
be  so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  practices 
inconsistent  with  the  peace  or  safety  of  this  State. 

[Section  3  of  article  I  of  the  constitution  of  1846,  without  change.] 

§  4.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  its  suspension. 

[Section  4  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  5.  Excessive  bail  shall  not  be  recjuired  nor  excessive  fines  im- 
posed, nor  shall  cruel  and  unusual  punishments  be  inflicted,  nor  shall 
witnesses  be  unreasonably  detained. 

[Section  1  of  article  V  of  the  amended  constitution  of  1846,  without  change.] 

§  6.  No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime  (except  in  cases  of  impeachment,  and  in  cases  of 
militia  when  in  actual  service,  and  the  land  and  naval  forces  in  time 
of  war,  or  which  this  State  may  keep  with  the  consent  of  Congress 
in  time  of  peace,  and  in  cases  of  petit  larceny,  under  the  regulation 
of  the  Legislature),  unless  on  presentment  or  indictment  of  a  grand 
jury,  and  in  any  trial  in  any  court  whatever  the  party  accused  shall 
be  allowed  to  appear  and  defend  in  person  and  with  counsel  as  in 
civil  actions.  No  person  shall  be  subject  to  be  twice  put  in  jeopardy 
for  the  same  offense ;   nor  shall  he  be  compelled  in  any  criminal  case 

*  The  Clerk's  Manual  of  Rules,  Forms  and  Laws  for  the  Regulation  of  Busi- 
ness in  the  Senate  and  Assembly  of  the  State  of  New  York.  Published  pursu- 
ant to  section  15  of  the  legislative  law.  Lafayette  B.  Gleason,  Clerk  of  the 
Senate ;  A.  E.  Baxter,  Clerk  of  the  Assembly.  Albany :  The  Journal  Company, 
Printers.     1907.     662  pp. 

o  As  proposed  by  the  Constitutional  Convention,  September  29,  1894,  at  Albany, 
N.  Y.,  and  adopted  by  the  people  of  the  State,  November  6,  1894. 


New  York— 1894  2695 

to  be  a  witness  against  himself;  nor  be  deprived  of  life,  liberty  or 
property  without  due  process  of  law;  nor  shall  private  property  be 
taken  for  public  use,  without  just  compensation. 

[Section  G  of  article  I  of  the  constitution  of  1846,  without  change.] 

§  7.  When  private  property  shall  be  taken  for  any  public  use,  the 
compensation  to  be  made  therefor,  when  such  compensation  is  not 
made  by  the  State,  shall  be  ascertained  by  a  jury,  or  by  not  less  than 
three  commissioners  appointed  by  a  court  of  record,  as  shall  be  pre- 
scribed by  law.  Private  roads  may  be  opened  in  the  manner  to  be  pre- 
scribed by  law;  but  in  every  case  the  necessity  of  the  road  and  the 
amount  of  all  damage  to  be  sustained  by  the  opening  thereof  shall  be 
first  determined  by  a  jury  of  freeholders,  and  such  amount,  together 
with  the  expenses  of  the  proceeding,  shall  be  paid  by  the  person  to  be 
benefited.  General  laws  may  be  passed  permitting  the  owners  or 
occupants  of  agricultural  lands  to  construct  and  maintain  for  the 
drainage  thereof,  necessary  drains,  ditches  and  dykes  upon  the  lands 
of  others,  under  proper  restrictions  and  with  just  compensation,  but 
no  special  laws  shall  be  enacted  for  such  purposes. 

[Section  7  of  article  I  of  the  amended  constitution  of  1846,  amended.  The 
last  sentence,  relating  to  the  drainage  of  agricultural  lands,  is  new.] 

§  8.  Every  citizen  may  freely  speak,  write  and  publish  his  senti- 
ments on  all  subjects,  being  responsible  for  the  abuse  of  that  right; 
and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech 
or  of  the  press.  In  all  criminal  prosecutions  or  indictments  for  libels, 
the" truth  may  be  given  in  evidence  to  the  jury;  and  if  it  shall  appear 
to  the  jury  that  the  matter  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives  and  for  justifiable  ends,  the  party  shall  be 
acquitted ;  and  the  jury  shall  have  the  right  to  determine  the  law  and 
the  fact. 

[Section  8  of  article  I  of  amended  constitution  of  1846,  without  change.] 

§  9.  No  law  shall  be  passed  abridging  the  right  of  the  people  peace- 
ably to  assemble  and  to  petition  the  government,  or  any  department 
thereof;  nor  shall  any  divorce  be  granted  otherwise  than  by  due 
judicial  proceedings;  nor  shall  any  lottery  or  the  sale  of  lottery 
tickets,  pool-selling,  book-making,  or  any  other  kind  of  gambling 
hereafter  be  authorized  or  allowed  within  this  state;  and  the  Legis- 
lature shall  pass  appropriate  laws  to  prevent  offenses  against  any  of 
the  provisions  of  this  section. 

[Section  10  of  article  I  of  the  amended  constitution  of  1846,  amended.  The 
part  of  this  section  relating  to  pool-selling,  book-making  and  other  kinds  of 
gambling  is  new.] 

§  10.  The  people  of  this  State,  in  their  right  of  sovereignty,  are 
deemed  to  possess  the  original  and  ultimate  property  in  and  to  all 
lands  within  the  jurisdiction  of  this  State ;  and  all  lands  the  title  to 
which  shall  fail,  from  a  defects  of  heirs,  shall  revert,  or  escheat  to  the 
people. 

[Section  11  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  11.  All  feudal  tenures  of  every  description,  with  all  their  inci- 
dents, are  declared  to  be  abolished,  saving  however,  all  rents  and  serv- 
ices certain  which  at  any  time  heretofore  have  been  lawfully  created 
or  reserved. 

[Section  12  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 


2696  New  York— 1894 

'  §  12.  All  lands  within  this  State  are  declared  to  be  allodial,  so  that, 
subject  only  to  the  liability  to  escheat,  the  entire  and  absohite  prop- 
erty is  vested  in  the  owners,  according  to  the  nature  of  their  respec- 
tive estates. 

[Section  13  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  13.  No  lease  or  grant  of  agricultural  land,  for  a  longer  x^eriod 
than  twelve  years,  hereafter  made,  in  which  shall  be  reserved  any 
rent  or  service  of  any  kind,  shall  be  valid. 

[Section  14  of  article  I  of  the  amended  constitution  of  184G,  without  change.] 

§  14.  All  fines,  quarter-sales  or  other  like  restraints  upon  aliena- 
tion, reserved  in  any  grant  of  land  hereafter  to  be  made,  shall  be  void. 
[Section  15  of  article  I  of  the  amended  constitution  of  184G,  without  change.] 

§  15.  No  purchase  or  contract  for  the  sale  of  lands  in  this  State, 
made  since  the  fourteenth  day  of  October,  one  thousand  seven  hun- 
dred and  seventy-five ;  or  which  may  hereafter  be  made,  of,  or  with 
the  Indians,  shall  be  valid,  unless  made  under  the  authority,  and  with 
the  consent  of  the  Legislature. 

[Section  16  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 
§  16.  Such  parts  of  the  common  law,  and  of  the  acts  of  the  Legis- 
lature of  the  colony  of  New  York,  as  together  did  form  the  law  of  the 
said  colony,  on  the  nineteenth  day  of  April,  one  thousand  seven  hun- 
dred and  seventy-five,  and  the  resolutions  of  the  Congress  of  the  said 
colony,  and  of  the  convention  of  the  State  of  New  York,  in  force  on 
the  twentieth  day  of  April,  one  thousand  seven  hundred  and  seventy- 
seven,  which  have  not  since  expired,  or  been  repealed  or  altered; 
and  such  acts  of  the  Legislature  of  this  State  as  are  now  in  force, 
shall  be  and  continue  the  laAv  of  this  State,  subject  to  such  alterations 
as  the  Legislature  shall  make  concerning  the  same.  But  all  such 
parts  of  the  common  law,  and  such  of  the  said  acts,  or  parts  thereof, 
as  are  repugnant  to  this  Constitution,  are  hereby  abrogated. 

[Section  17  of  article  I  of  the  amended  constitution  of  1846,  amended,  by 
striking  out  the  part  of  such  section  17  as  related  to  the  appointment  and  duties 
of  the  codification  commissioners.] 

§  17.  All  grants  of  land  within  this  State,  made  by  the  king  of 
Great  Britain,  or  persons  acting  under  his  authority,  after  the  four- 
teenth day  of  October,  one  thousand  seven  hundred  and  seventy- five, 
shall  be  null  and  void;  but  nothing  contained  in  this  Constitution 
shall  affect  any  grants  of  land  within  this  State,  made  by  the  author- 
ity of  the  said  king  or  his  predecessors,  or  shall  annul  any  charters 
to  bodies  politic  or  corporate,  by  him  or  them  made,  before  that  day ; 
or  shall  affect  any  such  grants  or  charters  since  made  by  this  State, 
or  by  persons  acting  under  its  authority ;  or  shall  impair  the  obliga- 
tion of  any  debts,  contracted  by  the  State  or  individuals,  or  bodies 
corporate,  or  any  other  rights  of  property,  or  any  suits,  actions,  rights 
of  action,  or  other  proceedings  in  courts  of  justice. 

[Section  18  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  18.  The  right  of  action  now  existing  to  recover  damages ,  for  in- 
juries resulting  in  death,  shall  never  be  abrogated ;  and  the  amount 
recoverable  shall  not  be  subject  to  any  statutory  limitation. 

[This  section  is  new.] 


New  York— 1894  2697 

Article  II 

Section  1.  Every  male  citizen  of  the  age  of  twenty-one  years,  who 
shall  have  been  a  citizen  for  ninety  days,  and  an  inhabitant  of  this 
State  one  year  next  preceding  an  election,  and  for  the  last  four 
months  a  resident  of  the  county,  and  for  the  last  thirty  days  a  resident 
of  the  election  district  in  which  he  may  offer  his  vote,  shall  be  enti- 
tled to  vote  at  such  election  in  the  election  district  of  which  he  shall 
at  the  time  be  a  resident,  and  not  elsewhere,  for  all  officers  that  now 
are  or  hereafter  may  be  elective  by  the  people,  and  upon  all  ques- 
tions which  may  be  submitted  to  a  vote  of  the  people,  provided  that 
•in  time  of  war  no  elector  in  the  actual  military  service  of  the  State, 
or  of  the  United  States,  in  the  army  or  navy  thereof,  shall  be  deprived 
of  his  vote  by  reason  of  his  absence  from  such  election  district ;  and 
the  Legislature  shall  have  power  to  provide  the  manner  in  which 
and  the  time  and  place  at  which  such  absent  electors  may  vote,  and 
for  the  return  and  canvass  of  their  votes  in  the  election  districts  in 
which  they  respectively  reside. 

[Section  1  of  article  II  of  fhe  amended  constitution  of  1846  amended  by  requir- 
ing a  citizenship  of  ninetj^  days,  instead  of  ten,  before  election.] 

§  2.  No  person  who  shall  receive,  accept,  or  offer  to  receive,  or  pay, 
offer  or  promise  to  pay,  contribute,  offer  or  promise  to  contribute  to 
another,  to  be  paid  or  used,  any  money  or  other  valuable  thing  as  a 
compensation  or  reward  for  the  giving  or  withholding  a  vote  at  an 
election,  or  who  shall  make  any  promise  to  influence  the  giving  or 
withholding  any  such  vote,  or  who  shall  make  or  become  directly  or 
indirectly  interested  in  any  bet  or  wager  depending  upon  the  result 
of  any  election,  shall  vote  at  such  election;  and  upon  challenge  for 
such  cause,  the  person  so  challenged,  before  the  officers  authorized 
for  that  purpose  shall  receive  his  vote,  shall  swear  or  affirm  before 
such  officers  that  he  has  not  received  or  offered,  does  not  expect  to 
receive,  has  not  paid,  offered  or  promised  to  pay,  contributed,  offered 
or  promised  to  contribute  to  another,  to  be  paid  or  used,  any  money 
or  other  valuable  thing  as  a  compensation  or  reward  for  the  giving 
or  withholding  a  vote  at  such  election,  and  has  not  made  any  promise 
to  nor  made  or  become  directly  or  indirectly  interested  in  any  bet  or 
wager  depending  upon  the  result  of  such  election.  The  Legislature 
shall  enact  laws  excluding  from  the  right  of  suffrage  all  persons  con- 
victed of  bribery  or  any  infamous  crime. 

[Section  2  of  article  II  of  the  amended  constitution  of  184G,  amended.  The 
last  sentence  of  the  1846  constitution  was  as  follows:  "The  legislature  of  the 
session  thereof  next  after  the  adoption  of  this  section,  shall,  and  from  time  to 
time  thereafter  may,  enact  laws  excluding  from  the  right  of  suffrage  all  persons 
convicted  of  bribery  or  of  any  infamous  crime."] 

§  3.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to  have 
gamed  or  lost  a  residence,  by  reason  of  his  presence  or  absence,  while 
employed  in  the  service  of  the  United  States;  nor  while  engaged  in 
the  navigation  of  the  waters  of  this  State,  or  of  the  United  States, 
or  of  the  high  seas ;  nor  while  a  student  of  any  seminary  of  learning ; 
nor  while  kept  at  any  almshouse,  or  other  asylum,  or  institution 
wholly  or  partly  supported  at  public  expense  or  by  charity ;  nor  while 
confined  in  any  public  prison. 

[Section  3  of  article  II  of  the  amended  constitution  of  1846  amended  by  insert- 
ing after  the  word  "  asylum  "  the  words  "  or  other  institution  wholly  or  partly 
supported,"  and  after  the  word  "  expense  "  the  words  "  or  by  charity."] 


2698  New  York— 1894 

§  4.  Laws  shall  be  made  for  ascertaining,  by  proper  proofs,  the 
citizens  who  shall  be  entitled  to  the  right  of  suffrage  hereby  estab- 
lished, and  for  the  registration  of  voters;  which  registration  shall 
be  completed  at  least  ten  days  before  each  election.  Such  registra- 
tion shall  not  be  required  for  town  and  village  elections  except  by 
express  provision  of  law.  In  cities  and  villages  having  five  thousand 
inhabitants  or  more,  according  to  the  last  preceding  state  enumera- 
tion of  inhabitants,  voters  shall  be  registered  upon  personal  applica- 
tion only;  but  voters  not  residing  in  such  cities  or  villages  shall  not 
be  required  to  apply  in  person  for  registration  at  the  first  meeting 
of  the  officers  having  charge  of  the  registry  of  voters. 

[Section  4  of  article  II  of  the  amended  constitution  of  1846  amended  by 
adding  all  after  the  word  "  established."] 

§  5.  All  elections  by  the  citizens,  except  for  such  town  officers  as 
may  by  law  be  directed  to  be  otherwise  chosen,  shall  be  by  ballot,  or 
by  such  other  method  as  may  be  prescribed  by  law,  provided  that 
secrecy  in  voting  be  preserved. 

[Section  5  of  article  II  of  the  amended  constitution  of  1846  amended  by 
transposing  the  words  "  shall  be  by  ballot "  from  after  the  word  "  citizen  "  to 
after  the  word  "  chosen,"  and  by  adding  all  after  the  word  "  ballot."] 

§  6.  All  laws  creating,  regulating  or  affecting  boards  of  officers 
charged  with  the  duty  of  registering  voters,  or  of  distributing  bal- 
lots at  the  polls  to  voters,  or  of  receiving,  recording  or  counting 
votes  at  elections,  shall  secure  equal  representation  of  the  two  politi- 
cal parties  which,  at  the  general  election  next  preceding  that  for 
which  such  boards  of  officers  are  to  serve,  cast  the  highest  and  the 
next  highest  number  of  votes.  All  such  boards  and  officers  shall  be 
appointed  or  elected  in  such  manner,  and  upon  the  nomination  of 
such  representatives  of  said  parties  respectively,  as  the  Legislature 
may  direct.  Existing  laws  on  this  subject  shall  continue  until  the 
Legislature  shall  otherwise  provide.  This  section  shall  not  apply  to 
town  meetings,  or  to  village  elections. 

[New.] 

Article  III 

Section  1.  The  legislative  power  of  this  State  shall  be  vested  in 
the  Senate  and  Assembly. 

[Section  1  of  article  III  of  the  amended  constitution  of  1846  amended  by 
changing  the  word  "  a  "  before  "  senate  "  to  "  the."  This  amendment  was  not 
referred  to  by  the  revisers,  but  as  the  people  voted  on  the  "  Revised  Constitu- 
tion," it  seems  to  have  been  effected.] 

§  2.  The  Senate  shall  consist  of  fifty  members,  except  as  hereinafter 
provided.  The  senators  elected  in  the  year  one  thousand  eight  hun- 
dred and  ninety-five  shall  hold  their  offices  for  three  years,  and  their 
successors  shall  be  chosen  for  two  years.  The  Assembly  shall  con- 
sist of  one  hundred  and  fifty  members,  who  shall  be  chosen  for  one 
year. 

[New,  superseding  section  2  of  article  III  of  the  amended  constitution  of 
1846,  which  provided  for  a  senate  of  32  members,  and  an  assembly  of  128 
members.  The  provision  that  the  senate  shall  consist  of  fifty  members,  "  except 
as  hereinafter  provided,"  refers  to  the  provision  in  the  last  paragraph  of  sec- 
tion 4  of  this  article.] 


New  York— 1894  2699 

§  3.  The  state  shall  be  divided  into  fifty  districts  to  be  called  sen- 
ate districts,  each  of  which  shall  choose  one  senator.  The  districts 
shall  be  numbered  from  one  to  fifty,  inclusive. 

District  number  one  (1)  shall  consist  of  the  counties  of  Suffolk 
and  Richmond. 

District  number  two  (2)  shall  consist  of  the  county  of  Queens. 

District  number  three  (3)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  first,  second,  third,  fourth,  fifth  and  sixth 
wards  of  the  city  of  Brooklyn. 

District  number  four  (4)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  seventh,  thirteenth,  nineteenth  and  twenty- 
first  wards  of  the  city  of  Brooklyn. 

District  number  five  (5)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighth,  tenth,  twelfth  and  thirtieth  wards 
of  the  city  of  Brooklyn,  and  the  ward  of  the  city  of  Brooklyn  which 
was  formerly  the  town  of  Gravesend. 

District  number  six  (6)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  ninth,  eleventh,  twentieth  and  twenty- 
second  wards  of  the  city  of  Brooklyn. 

District  number  seven  (7)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  fourteenth,  fifteenth,  sixteenth  and  seven- 
teenth wards  of  the  city  of  Brooklyn. 

District  number  eight  (8)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  twenty-third,  twenty-fourth,  twenty-fifth 
and  twenty-ninth  wards  of  the  city  of  Brooklyn,  and  the  town  of 
Flatlands. 

District  number  nine  (9)  shall  consist  of  that  part  of  the  county 
of  Kings  comprising  the  eighteenth,  twenty-sixth,  twenty-seventh 
and  twenty-eighth  wards  of  the  city  of  Brooklyn. 

District  number  ten  (10)  shall  consist  of  that  part  of  the  county 
of  New  York  within  and  bounded  by  a  line  beginning  at  Canal 
street  and  the  Hudson  river,  and  running  thence  along  Canal  street, 
Hudson  street,  Dominick  street,  Varick  street,  Broome  street,  Sulli- 
van street.  Spring  street,  Broadway,  Canal  street,  the  Bowery,  Divi- 
sion street.  Grand  street,  and  Jackson  street,  to  the  East  river  and 
thence  around  the  southern  end  of  Manhattan  island,  to  the  place  of 
beginning,  and  also  Governor's,  Bedloe's  and  Ellis  islands. 

District  number  eleven  (11)  shall  consist  of  that  part  of  the  county 
of  New  York  lying  north  of  district  number  ten,  and  within  and 
bounded  by  a  line  beginning  at  the  junction  of  Broadway  and  Canal 
street,  and  running  thence  along  Broadway,  Fourth  street,  the  Bow- 
ery and  Third  avenue,  St.  Mark's  place.  Avenue  A,  Seventh  street, 
Avenue  B,  Clinton  street,  Rivington  street,  Norfolk  street.  Division 
street.  Bowery  and  Canal  street,  to  the  place  of  beginning. 

District  number  twelve  (12)  shall  consist  of  that  part  of  the  county 
of  New  York  lying  north  of  districts  numbers  ten  and  eleven  and 
within  and  bounded  by  a  line  beginning  at  Jackson  street  and  the 
East  river,  and  running  thence  through  Jackson  street.  Grand  street. 
Division  street,  Norfolk  street,  Rivington  street,  Clinton  street, 
Avenue  B,  Seventh  street.  Avenue  A,  St.  Mark's  place.  Third  avenue, 
East  Fourteenth  street  to  the  East  river,  and  along  the  East  river, 
to  the  place  of  beginning. 


2700  New  York— 1894 

District  number  thirteen  (13)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north,  of  district  number  ten,  and  within 
and  bounded  by  a  line  beginning  at  the  Hudson  river  at  the  foot  of 
Canal  street,  and  running  thence  along  Canal  street,  Hudson  street, 
Dominick  street,  Varick  street,  Broome  street,  Sullivan  street.  Spring 
street,  Broadway,  Fourth  street,  the  Bowery  and  Third  avenue,  Four- 
teenth street,  Sixth  avenue.  West  Fifteenth  street.  Seventh  avenue, 
West  Nineteenth  street.  Eighth  avenue.  West  Twentieth  street,  and 
the  Hudson  river,  to  the  place  of  beginning. 

District  number  fourteen  (14)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  twelve  and 
thirteen,  and  within  and  bounded  by  a  line  beginning  at  East  Four- 
teenth street  and  the  East  river,  and  running  thence  along  East 
Fourteenth  street,  Irving  place.  East  Nineteenth  street,  Third  avenue, 
East  Twenty-third  street,  Lexington  avenue.  East  Fifty-third  street. 
Third  avenue.  East  Fifty-second  street,  and  the  East  river,  to  the 
place  of  beginning. 

District  number  fifteen  (15)  shall  consist  of  that  part  of  the  county 
of  New  York  lying  north  of  district  number  thirteen,  and  w^ithin  and 
bounded  by  a  line  beginning  at  the  junction  of  West  Fourteenth 
street  and  Sixth  avenue,  and  running  thence  along  Sixth  avenue, 
West  Fifteenth  street.  Seventh  avenue.  West  Fortieth  street.  Eighth 
avenue,  and  the  transverse  road  across  Central  park  at  Ninety-seventh 
street.  Fifth  avenue.  East  Ninety-sixth  street,  Lexington  avenue, 
East  Twenty-third  street.  Third  avenue.  East  Nineteenth  street, 
Irving  place  and  Fourteenth  street,  to  the  place  of  beginning. 

District  number  sixteen  16)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  thirteen,  and 
within  and  bounded  by  a  line  beginning  at  Seventh  avenue  and  West 
Nineteenth  street,  and  running  thence  along  West  Nineteenth  street. 
Eighth  avenue.  West  Twentieth  street,  the  Hudson  river.  West 
Forty-sixth  street,  Tenth  avenue.  West  Forty-third  street,  Eighth 
avenue.  West  Fortieth  street,  and  Seventh  avenue,  to  the  place  of 
beginning. 

District  number  seventeen  (IT)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  sixteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  Eighth 
avenue  and  West  Forty-third  street,  and  running  thence  along  West 
Forty-third  street,  Tenth  avenue,  West  Forty-sixth  street,  the  Hud- 
son river.  West  Eighty-ninth  street.  Tenth  or  Amsterdam  avenue. 
West  Eighty-sixth  street.  Ninth  or  Columbus  avenue.  West  Eighty- 
first  street  and  Eighth  avenue,  to  the  place  of  beginning. 

District  number  eighteen  (18)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  fourteen,  and 
within  and  bounded  by  a  line  beginning  at  the  junction  of  East  Fifty- 
second  street  and  the  East  river,  and  running  thence  along  East  Fifty- 
second  street.  Third  avenue.  East  Fifty-third  street,  Lexington  ave- 
nue. East  Eighty-fourth  street,  Second  avenue.  East  Eighty-third 
street  and  the  East  river,  to  the  place  of  beginning;  and  also  Black- 
well's  island. 

District  number  nineteen  (19)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  district  number  seventeen,  and 
within  and  bounded  by  a  line  beginning  at  West  Eighty-ninth  street 


New  York— 1894  2701 

and  the  Hudson  river,  and  running  thence  along  the  Hudson  river  and 
Spuyten  Duyvil  creek  around  the  northern  end  of  Manhattan  island ; 
thence  southerly  along  the  Harlem  river  to  the  north  end  of  Fifth 
avenue ;  thence  along  Fifth  avenue,  East  One  Hundred  and  Twenty- 
ninth  street,  Fourth  or  Park  avenue.  East  One  Hundred  and  Tenth 
street,  Fifth  avenue,  the  transverse  road  across  Central  park  at 
Ninety-seventh  street.  Eighth  avenue.  West  Eighty-first  street. 
Ninth  or  Columbus  avenue,  AVest  Eighty-sixth  street.  Tenth  or 
Amsterdam  avenue  and  West  Eighty-ninth  street,  to  the  place  of 
beginning. 

District  number  twenty  (20)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  eighteen  and 
fifteen,  and  within  and  bounded  by  a  line  beginning  at  East  Eighty- 
third  street  and  the  East  river,  running  thence  through  East  Eighty- 
third  street,  Second  avenue.  East  Eighty-fourth  street,  Lexington 
avenue.  East  Ninety-sixth  street.  Fifth  avenue.  East  One  Hundred 
and  Tenth  street.  Fourth  or  Park  avenue.  East  One  Hundred  and 
Nineteenth  street  to  the  Harlem  river,  and  along  the  Harlem  and 
East  rivers  to  the  place  of  beginning;  and  also  Randall's  island  and 
Ward's  island. 

All  the  above  districts  in.  the  county  of  New  York  bounded  upon 
or  along  the  boundary  waters  of  the  county,  shall  be  deemed  to 
extend  to  the  county  line. 

District  number  twenty-one  (21)  shall  consist  of  that  part  of  the 
county  of  New  York  lying  north  of  districts  numbers  nineteen  and 
twenty,  within  and  bounded  by  a  line  beginning  at  East  One  Hundred 
and  Nineteenth  street  and  the  Harlem  river,  and  running  thence 
along  East  One  Hundred  and  Nineteenth  street.  Fourth  or  Park  ave- 
nue. One  Hundred  and  Twenty-ninth  street.  Fifth  avenue  and  the 
Harlem  river  to  the  place  of  beginning,  and  all  that  part  of  the 
county  of  New  York  not  hereinbefore  described. 

District  number  tAventy-two  (22)  shall  consist  of  the  county  of 
Westchester. 

District  number  twenty-three  (23)  shall  consist  of  the  counties  of 
Orange  and  Rockland. 

District  number  twenty-four  (24)  shall  consist  of  the  counties  of 
Dutchess,  Columbia  and  Putnam. 

District  number  twenty- five  (25)  shall  consist  of  the  counties  of 
Ulster  and  Greene. 

District  number  twenty-six  (26)  shall  consist  of  the  counties  of 
Delaware,  Chenango  and  Sullivan. 

District  number  twenty-seven  (27)  shall. consist  of  the  counties  of 
Montgomery,  Fulton,  Hamilton  and  Schoharie. 

District  number  twenty-eight  (28)  shall  consist  of  the  counties  of 
Saratoga,  Schnectady  and  Washington. 

District  number  twenty-nine  (29)  shall  consist  of  the  county  of 
Albany. 

District  number  thirty  (30)  shall  consist  of  the  county  of  Rens- 
selaer. 

District  number  thirty-one  (31)  shall  consist  of  the  counties  of 
Clinton,  Essex  and  Warren. 

District  number  thirty-two  (32)  shall  consist  of  the  counties  of  St. 
Lawrence  and  Franklin. 


2702  New  York— 1894 

District  number  thirty-three  (33)  shall  consist  of  the  counties  ofr 
Otsego  and  Herkimer.  ; 

District  number  thirty- four  (34)  shall  consist  of  the  county  of 
Oneida. 

District  number  thirty-five  (35)  shall  consist  of  the  counties  of 
Jefferson  and  Lewis. 

District  number  thirty-six  (36)  shall  consist  of  the  county  of  Onon- 
daga. 

District  number  thirty-seven  (37)  shall  consist  of  the  counties  of 
Oswego  and' Madison. 

District  number  thirty-eight  (38)  shall  consist  of  the  counties  of 
Broome,  Cortland  and  Tioga. 

District  number  thirty-nine  (39)  shall  consist  of  the  counties  of 
Cayuga  and  Seneca. 

District  number  forty  (40)  shall  consist  of  the  counties  of  Che- 
mung, Tompkins  and  Schuyler. 

District  number  forty-one  (41)  shall  consist  of  the  counties  of 
Steuben  and  Yates. 

District  number  forty-two  (42)  shall  consist  of  the  counties  of 
Ontario  and  Wayne. 

District  number  forty-three  (43)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Brighton,  Henrietta,  Iron- 
dequoit,  Mendon,  Penfield,  Perinton,  Pittsford,  Rush  and  Webster, 
and  the  fourth,  sixth,  seventh,  eighth,  twelfth,  thirteenth,  fourteenth, 
sixteenth,  seventeenth  and  eighteenth  wards  of  the  city  of  Rochester, 
as  at  present  constituted. 

District  number  forty-four  (44)  shall  consist  of  that  part  of  the 
county  of  Monroe  comprising  the  towns  of  Chili,  Clarkson,  Gates, 
Greece,  Hamlin,  Ogden,  Parma,  Riga,  Sweden  and  Wheatland,  and 
the  first,  second,  third,  fifth,  ninth,  tenth,  eleventh,  fifteenth,  nine- 
teenth and  twentieth  wards  of  the  city  of  Rochester,  as  at  present  con- 
stituted. 

District  number  forty-five  (45)  shall  consist  of  the  counties  of 
Niagara,  Genesee  and  Orleans. 

District  number  forty-six  (46)  shall  consist  of  the  counties  of 
Allegany,  Livingston  and  Wyoming. 

District  number  forty-seven  (47)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  first,  second,  third,  sixth,  fifteenth, 
nineteenth,  twentieth,  twenty-first,  twenty-second,  twenty-third  and 
twenty-fourth  w^ards  of  the  city  of  Buffalo,  as  at  present  constituted. 

District  number  forty-eight  (48)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  fourth,  fifth,  seventh,  eighth,  ninth, 
tenth,  eleventh,  twelfth,  thirteenth,  fourteenth  and  sixteenth  wards  of 
the  city  of  Buffalo  as  at  present  constituted. 

District  number  fortjr-nine  (49)  shall  consist  of  that  part  of  the 
county  of  Erie  comprising  the  seventeenth,  eighteenth  and  twenty- 
fifth  wards  of  the  city  of  Buffalo,  as  at  present  constituted ;  and  all 
the  remainder  of  the  said  county  of  Erie  not  hereinbefore  described. 

District  number  fifty  (50)  shall  consist  of  the  counties  of  Chau- 
tauqua and  Cattaraugus. 

[New,  superseding  the  apportionment  made  by  laws  1892,  chap.  397.] 

§  4.  An  enumeration  of  the  inhabitants  of  this  State  shall  be  taken 
under  the  direction  of  the  Secretary  of  State,  during  the  months  of 


New  York— 1894  2703 

May  and  June,  in  the  year  one  thousand  nine  hundred 'and  five,  and 
in  the  same  months  every  tenth  year  thereafter ;  and  the  said  districts 
shall  be  so  altered  by  the  Legislature  at  the  first  regular  session  after 
the  return  of  every  enumeration,  that  each  senate  district  shall  con- 
tain as  nearly  as  may  be  an  equal  number  of  inhabitants,  excluding 
aliens,  and  be  in  as  compact  form  as  practicable,  and  shall  remain 
unaltered  until  the  return  of  another  enumeration,  and  shall,  at  all 
times,  consist  of  contiguous  territory,  and  no  county  shall  be  divided 
in  the  formation  of  a  senate  district  except  to  make  two  or  more 
senate  districts  wholly  in  such  county.  No  town,  and  no  block  in  a 
city  inclosed  by  streets  or  public  ways,  shall  be  divided  in  the  forma- 
tion of  senate  districts ;  nor  shall  any  district  contain  a  greater  excess 
in  population  over  an  adjoining  district  in  the  same  county,  than  the 
population  of  a  town  or  block  therein  adjoining  such  district.  Coun- 
ties, towns  or  blocks  of  which,  from  their  location,  may  be  included  in 
either  of  two  districts,  shall  be  so  placed  as  to  make  said  districts 
most  nearly  equal  in  number  of  inhabitants,  excluding  aliens. 

No  county  shall  have  four  or  more  senators  unless  it  shall  have  a 
full  ratio  for  each  senator.  No  county  shall  have  more  than  one- 
third  of  all  the  senators ;  and  no  two  counties  or  the  territory  thereof 
as  now  organized,  which  are  adjoining  counties,  or  which  are  sepa- 
rated only  by  public  waters,  shall  have  more  than  one-half  of  all  the 
senators. 

The  ratio  for  apportioning  the  senators  shall  always  be  obtained  by 
dividing  the  number  of  inhabitants,  excluding  aliens,  by  fifty,  and  the 
senate  shall  always  be  composed  of  fifty  members,  except  that  if  any 
county  having  three  or  more  senators  at  the  time  of  any  apportion- 
ment shall  be  entitled  on  such  ratio  to  an  additional  senator  or  sena- 
tors, such  additional  senator  or  senators  shall  be  given  to  such  county 
in  addition  to  the  fifty  senators,  and  the  whole  number  of  senators 
shall  be  increased  to  that  extent. 

[New,  superseding  section  4  of  article  III  of  the  amended  constitution  of  1846.] 

§  5.  The  members  of  the  Assembly  shall  be  chosen  by  single  dis- 
tricts and  shall  be  apportioned  by  the  Legislature  at  the  first  regular 
session  after  the  return  of  every  enumeration  among  the  several 
counties  of  the  State,  as  nearly  as  may  be  according  to  the  number  of 
their  respective  inhabitants,  excluding  aliens.  Every  county  hereto- 
fore established  and  separately  organized,  except  the  county  of  Hamil- 
ton, shall  always  be  entitled  to  one  member  of  Assembly,  and  no 
county  shall  hereafter  be  erected  unless  its  population  shall  entitle  it 
to  a  member.  The  county  of  Hamilton  shall  elect  with  the  county  of 
Fulton,  until  the  population  of  the  county  of  Hamilton  shall,  accord- 
ing to  the  ratio,  entitle  it  to  a  member.  But  the  Legislature  may 
abolish  the  said  county  of  Hamilton  and  annex  the  territory  thereof 
to  some  other  county  or  counties. 

The  quotient  obtained  by  dividing  the  whole  number  of  inhabitants 
of  the  State,  excluding  aliens,  by  the  number  of  members  of  assembly, 
shall  be  the  ratio  for  apportionment,  which  shall  be  made  as  follows : 
One  member  of  assembly  shall  be  apportioned  to  every  county,  in- 
cluding Fulton  and  Hamilton  as  one  county,  containing  less  than  the 
ratio  and  one-half  over.  Two  members  shall  be  apportioned  to  every 
other  county.  The  remaining  members  of  assembly  shall  be  appor- 
tioned to  the  counties  having  more  than  two  ratios  according  to  the 


2704  New  York— 1894 

number  of  inhabitants,  excluding  aliens.  Members  apportioned  on 
remainders  shall  be  apportioned  to  the  counties  having  the  highest 
remainders  on  the  order  thereof  respectively.  No  county  shall  have 
more  members  of  assembly  than  a  county  having  a  greater  number  of 
inhabitants,  excluding  aliens. 

Until  after  the  next  enumeration,  members  of  the  Assembly  shall  be 
apportioned  to  the  several  counties  as  follows:  Albany  county,  four 
members;  Allegany  county,  one  member;  Broome  county,  two  mem- 
bers; Cattaraugus  county,  two  members;  Cayuga  county,  tw^o  mem- 
bers ;  Chautauqua  county,  two  members ;  Chemung  county,  one  mem- 
ber; Chenango  county,  one- member;  Clinton  county,  one  member; 
Columbia  county,  one  member;  Cortland  county,  one  member;  Dela- 
ware county,  one  member;  Dutchess  county,  two  members;  Erie 
count}^,  eight  members ;  Essex  county,  one  member ;  Franklin  county, 
one  member;  Fulton  and  Hamilton  counties,  one  member;  Genesee 
county,  one  member;  Greene  county,  one  member;  Herkimer  county, 
one  member;  Jefferson  county,  two  members;  Kings  county,  twenty- 
one  members;  Lewis  county,  one  member;  Livingston  county,  one 
member;  Madison  county,  one  member;  Monroe  county,  four  mem- 
bers; Montgomery  county,  one  member;  New  York  county,  thirty- 
five  members;  Niagara  county,  two  members;  Oneida  county,  three 
members;  Onondaga  county,  four  members;  Ontario  county,  one 
member ;  Orange  county,  two  members ;  Orleans  county,  one  member ; 
Osw^ego  county,  two  members;  Otsego  county,  one  member;  Putnam 
county,  one  member;  Queens  county,  three  members;  Kensselaer 
county,  three  members;  Richmond  county,  one  member;  Eockland 
county,  one  member;  St.  Lawrence  county,  two  members;  Saratoga 
county,  one  member;  Schenectady  county,  one  member;  Schoharie 
county,  one  member;  Schuyler  county,  one  member;  Seneca  county, 
one  member ;  Steuben  county,  tw^o  members ;  Suffolk  county,  two  mem- 
bers; Sullivan  county,  one  member;  Tioga  county,  one  member; 
Tompkins  county,  one  member ;  Ulster  county,  two  members ;  Warren 
county,  one  member;  Washington  county,  one  member;  Wayne 
county,  one  member;  Westchester  county,  three  members;  Wyoming 
county,  one  member,  and  Yates  county,  one  member. 

In  any  county  entitled  to  more  than  one  member,  the  board  of 
supervisors,  and  in  any  city  embracing  an  entire  county  and  having 
no  board  of  supervisors,  the  common  council,  or  if  there  be  none,  the 
body  exercising  the  powers  of  a  common  council,  shall  assemble  on  the 
second  Tuesday  of  June,  one  thousand  eight  hundred  and  ninety- 
five,  and  at  such  times  as  the  Legislature  making  an  apportionment 
shall  prescribe,  and  divide  such  counties  into  assembly  districts  as 
nearly  equal  in  number  of  inhabitants,  excluding  aliens,  as  may  be 
of  convenient  and  contiguous  territory  in  as  compact  form  as  prac- 
ticable, each  of  which  shall  be  wholly  within  a  senate  district  formed 
under  the  same  apportionment,  equal  to  the  number  of  members  of 
assembly  to  which  such  county  shall  be  entitled,  and  shall  cause  to  be 
filed  in  the  office  of  the  Secretary  of  State  and  the  clerk  of  such 
county,  a  description  of  such  districts,  specifying  the  number  of  each 
district  and  of  the  inhabitants  thereof,  excluding  aliens,  according  to 
the  last  preceding  enumeration;  and  such  apportionment  and  dis- 
tricts shall  remain  unaltered  until  another  enumeration  shall  be  made, 
as  herein  provided ;  but  said  division  of  the  city  of  Brooklyn  and  the 


New  York— 1894  •     2705 

county  of  Kings  to  be  made  on  the  second  Tuesday  of  June,  one 
thousand  eight  hundred  and  ninety-five,  shall  be  made  by  the  common 
council  of  the  said  city  and  the  board  of  supervisors  of  said  county, 
assembled  in  joint  session.  In  counties  having  more  than  one  senate 
district,  the  same  number  of  assembly  districts  shall  be  put  in  each 
senate  district,  unless  the  assembly  districts  cannot  be  evenly  divided 
among  the  senate  districts  of  any  county,  in  which  case  one  more 
assembly  district  shall  be  put  in  the  senate  district  in  such  county 
having  the  largest,  or  one  less  assembly  district  shall  be  put  in  the 
senate  district  in  such  county  having  the  smallest  number  of  inhab- 
itants, excluding  aliens,  as  the  case  may  require.  No  town,  and  no 
block  in  a  city  inclosed  by  streets  or  public  ways,  shall  be  divided  in 
the  formation  of  assembly  districts,  nor  shall  any  district  contain  a 
greater  excess  in  population  over  an  adjoining  district  in  the  same 
senate  district,  than  the  population  of  a  town  or  block  therein  ad- 
joining such  assembly  district.  Towns  or  blocks  which,  from  their 
location,  may  be  included  in  either  of  two  districts,  shall  be  so  placed 
as  to  make  said  districts  most  nearly  equal  in  number  of  inhabitants, 
excluding  aliens;  but  in  the  division  of  cities  under  the  first  appor- 
tionment, regard  shall  be  had  to  the  number  of  inhabitants,  exclud- 
ing aliens,  of  the  election  districts  according  to  the  state  enumeration 
of  one  thousand  eight  hundred  and  ninety-two,  so  far  as  may  be, 
instead  of  blocks.  Nothing  in  this  section  shall  prevent  the  division, 
at  any  time,  of  counties  and  towns,  and  the  erection  of  new  towns  by 
the  Legislature. 

An  apportionment  by  the  Legislature,  or  other  body,  shall  be  sub- 
ject to  review  by  the  Supreme  Court,  at  the  suit  of  any  citizen,  under 
such  reasonable  regulations  as  the  Legislature  may  prescribe ;  and  any 
court  before  w^hich  a  cause  may  be  pending  involving  an  apportion- 
ment, shall  give  precedence  thereto  over  all  other  causes  and  pro- 
ceedings, and  if  said  court  be  not  in  session  it  shall  convene  promptly 
for  the  disposition  of  the  same. 

[New,  superseding  section  5  of  article  III  of  the  amended  constitution  of  1846, 
and  the  assembly  apportionment  made  by  Laws  of  1892,  chapter  397.] 

§  6.  Each  member  of  the  Legislature  shall  receive  for  his  services 
an  annual  salary  of  one  thousand  five  hundred  dollars.  The  mem- 
bers of  either  house  shall  also  receive  the  sum  of  one  dollar  for  every 
ten  miles  they  shall  travel  in  going  to  and  returning  from  their  place 
of  meeting,  once  in  each  session,  on  the  most  usual  route.  Senators, 
when  the  Senate  alone  is  convened  in  extraordinary  session,  or  when 
serving  as  members  of  the  Court  for  the  Trial  of  Impeachments, 
and  such  members  of  the  Assembly,  not  exceeding  nine  members,  as 
shall  be  appointed  managers  of  an  impeachment,  shall  receive  an 
additional  allowance  of  ten  dollars  a  day. 

[Section  6  of  article  III  of  the  amended  constitution  of  184G,  without  change.] 

§  7.  No  member  of  the  Legislature  shall  receive  any  civil  appoint- 
ment within  this  State,  or  the  Senate  of  the  United  States,  from  the 
Governor,  the  Governor  and  Senate,  or  from  the  Legislature,  or  from 
any  city  government,  during  the  time  for  which  he  shall  have  been 
elected;  and  all  such  appointments  and  all  votes  given  for  any  such 
member  for  any  such  office  or  appointment  shall  be  void. 

[Section  7  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 


2706  New  York— 1894 

§  8.  No  person  shall  be  eligible  to  the  Legislature,  who  at  the  time 
of  his  election,  is,  or  within  one  hundred  days  previous  thereto  has 
been,  a  member  of  Congress,  a  civil  or  military  officer  under  the  United 
States,  or  an  officer  under  any  city  government.  And  if  any  person 
shall,  after  his  election  as  a  member  of  the  Legislature,  be  elected  to 
Congress,  or  appointed  to  any  office,  civil  or  military,  under  the  gov- 
ernment of  the  United  States,  or  under  any  city  government,  his 
acceptance  thereof  shall  vacate  his  seat. 

[Section  8  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§  9.  The  elections  of  senators  and  members  of  assembly,  pursuant  to 
the  provisions  of  this  Constitution,  shall  be  held  on  the  Tuesday  suc- 
ceeding the  first  Monday  of  November,  unless  otherwise  directed  by 
the  Legislature. 

[Section  9  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§  10.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  busi- 
ness. Each  house  shall  determine  the  rules  of  its  own  proceedings, 
and  be  the  judge  of  the  elections,  returns  and  qualifications  of  its 
own  members;  shall  choose  its  own  officers;  and  the  Senate  shall 
choose  a  temporary  president  to  preside  in  case  of  the  absence  or 
impeachment  of  the  Lieutenant-Governor,  or  when  he  shall  refuse  to 
act  as  president,  or  shall  act  as  Governor. 

[Section  10  of  article  III  of  the  amended  constitution  of  1846,  amended  by- 
providing  that  the  temporary  president  shall  preside  in  the  case  of  impeachment 
of  the  lieutenant-governor  or  when  he  shall  refuse  to  act.] 

§  11.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish the  same,  except  such  parts  as  may  require  secrecy.  The  doors 
of  each  house  shall  be  kept  open,  except  when  the  public  welfare 
shall  require  secrecy.  Neither  house  shall,  without  the  consent  of 
the  other,  adjourn  for  more  than  two  days. 

[Section  11  of  article  III  of  the  amended  constitution  of  1846,  without 
change.] 

§  12.  For  any  speech  or  debate  in  either  house  of  the  Legislature, 
the  members  shall  not  be  questioned  in  any  other  place. 

[Section  12  of  article  III  of  the  amended  constitution  of  1846,  without 
change.] 

§  13.  Any  bill  may  originate  in  either  house  of  the  Legislature, 
and  all  bills  passed  by  one  house  may  be  amended  by  the  other. 

[Section  13  of  article  III  of  the  amended  constitution  of  1846,  without 
change.] 

§  14.  The  enacting  clause  of  all  bills  shall  be  "  The  People  of  the 
State  of  New  York,  represented  in  Senate  and  Assembly,  do  enact  as 
follows,"  and  no  law  shall  be  enacted  except  by  bill. 

[Section  14  of  article  III  of  the  amended  constitution  of  1846,  without 
change.] 

§  15.  No  bill  shall  be  passed  or  become  a  law  unless  it  shall  have 
been  printed  and  upon  the  desks  of  the  members,  in  its  final  form,  at 
least  three  calendar  legislative  days  prior  to  its  final  passage,  unless 
the  Governor,  or  the  acting  Governor,  shall  have  certified  to  the  neces- 
sity of  its  immediate  passage,  under  his  hand  and  the  seal  of  the 
State;  nor  shall  any  bill  be  passed  or  become  a  law,  except  by  the 


New  York— 1894  2707 

assent  of  a  majority  of  the  members  elected  to  each  branch  of  the 
Legislature;  and  upon  the  last  reading  of  a  bill,  no  amendment 
thereof  shall  be  allowed,  and  the  question  upon  its  final  passage  shall 
be  taken  immediately  thereafter,  and  the  yeas  and  nays  entered  on  the 
journal. 

[Section  15  of  article  III  of  the  amended  constitution  of  1846  amended.  The 
section  formerly  read :  "No  bill  shall  be  passed  unless  by  the  assent  of  a  major- 
ity of  all  the  members  elected  to  each  branch  of  the  legislature,  and  the  ques- 
tion upon  the  final  passage  shall  be  taken  immediately  upon  its  last  reading, 
and  the  yeas  and  nays  entered  on  the  journal."] 

§  16.  No  private  or  local  bill,  which  may  be  passed  by  the  Legis- 
lature, shall  embrace  more  than  one  subject,  and  that  shall  be 
expressed  in  the  title. 

[Section  16  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§  17.  No  act  shall  be  passed  which  shall  provide  that  any  existing 
law,  or  any  part  thereof,  shall  be  made  or  deemed  a  part  or  said  act, 
or  which  shall  enact  that  any  existing  law,  or  part  thereof,  shall  be 
applicable,  except  by  inserting  it  in  such  act. 

[Section  17  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 
[As  to  what  are  private  and  local  bills,  see  §  16,  ante,  and  cases  cited.] 

§  18.  The  Legislature  shall  not  pass  a  private  or  local  bill  in  any 
of  the  following  cases : 

Changing  the  names  of  persons. 

Laying  out,  opening,  altering,  working  or  discontinuing  roads, 
highways  or  alleys,  or  for  draining  swamps  or  other  low  lands. 

Locating  or  changing  county  seats. 

Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

Incorporating  villages. 

Providing  for  election  of  members  of  boards  of  supervisors. 

Selecting,  drawing,  summoning  or  impaneling  grand  or  petit 
jurors. 

Regulating  the  rate  of  interest  on  money. 

The  opening  and  conducting  of  elections  or  designating  places  of 
voting. 

Creating,  increasing  or  decreasing  fees,  percentages  or  allowances 
of  public  officers,  during  the  term  for  which  said  officers  are  elected 
or  appointed. 

Granting  to  any  corporation,  association  or  individual  the  right  to 
lay  dow^n  railroad  tracks. 

Granting  to  any  private  corporation,  association  or  individual 
[any  exclusive  privilege,  immunity  or  franchise  whatever. 

Granting  to  any  persons,  association,  firm  or  corporation,  an  ex- 
jmption  f  rom  taxation  on  real  or  personal  property. 

[Amended  by  vote  of  the  people,  Nov.  5,  1901.] 

Providing  for  building  bridges,  and  chartering  companies  for  such 
)urposes,  except  on  the  Hudson  river  below  AVaterford,  and  on  the 
last  river,  or  over  the  waters  forming  a  part  of  the  boundaries  of  the 
state. 

The  legislature  shall  pass  general  laws  providing  for  the  cases 
{numerated  in  this  section,  and  for  all  other  cases  which  in  its 
judgment,  may  be  provided  for  by  general  law^s.  But  no  law  shall 
Luthorize  the  construction  or  operation  of  a  street  railroad  except 
7254— VOL  5— on 12 


2708  New  York— 189 ^ 

upon  the  condition  that  the  consent  of  the  owners  of  one-half  in 
value  of  the  property  bounded  on,  and  the  consent  also  of  the 
local  authorities  having  the  control  of,  that  portion  of  a  street  or 
highway  upon  which  it  is  proposed  to  construct  or  operate  such  rail- 
road be  first  obtained,  or  in  case  the  consent  of  such  property  owners 
cannot  be  obtained,  the  Appellate  Division  of  the  Supreme  Court, 
in  the  department  in  which  it  is  proposed  to  be  constructed,  may, 
upon  application,  appoint  three  commissioners  who  shall  determine, 
after  a  hearing  of  all  parties  interested,  whether  such  railroad  ought 
to  be  constructed  or  operated,  and  their  determination,  confirmed 
by  the  court,  may  be  taken  in  lieu  of  the  consent  of  the  property 
owners. 

[Section  18  of  article  III  of  the  amended  constitution  of  1846  amended  by 
changing  the  words  "  general  term  of  the  supreme  court,  in  the  district "  in  the 
last  paragraph  to  "  appellate  division  of  the  supreme  court,  in  the  department."] 

§  19.  The  legislature  shall  neither  audit  nor  allow  any  private  claim 
or  account  against  the  State,  but  may  appropriate  money  to  pay  such 
claims  as  shall  have  been  audited  and  allowed  according  to  law. 

[Section  19  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§  20.  The  assent  of  two-thirds  of  the  members  elected  to  each  branch 
of  the  legislature  shall  be  requisite  to  every  bill  appropriating  the 
public  moneys  or  property  for  local  or  private  purposes. 

[Section  9  of  article  I  of  the  amended  constitution  of  1846,  without  change.] 

§  21.  No  money  shall  ever  be  paid  out  of  the  treasury  of  this  State, 
or  any  of  its  funds,  or  any  of  the  funds  under  its  management,  except 
in  pursuance  of  an  appropriation  by  law ;  nor  unless  such  payment 
be  made  within  two  years  next  after  the  passage  of  such  appropriation 
act;  and  every  such  law  making  a  new  appropriation,  or  continuing 
or  reviving  an  appropriation,  shall  distinctly  specify  the  sum  appro- 
priated, and  the  object  to  which  it  is  to  be  applied ;  and  it  shall  not 
be  sufficient  for  such  law  to  refer  to  any  other  law  to  fix  such  sum. 

[Section  8  of  article  VII  of  the  amended  constitution  of  1846,  without  change.] 

§  22.  No  provision  or  enactment  shall  be  embraced  in  the  annual 
appropriation  or  supply  bill,  unless  it  relates  specifically  to  some 
particular  appropriation  in  the  bill ;  and  any  such  provision  or  enact- 
ment shall  be  limited  in  its  operation  to  such  appropriation. 

[New.] 

§  23.  Sections  seventeen  and  eighteen  of  this  article  shall  not  apply 
to  any  bill,  or  the  amendments  to  any  bill,  which  shall  be  reported  to 
the  legislature  by  commissioners  who  have  been  appointed  pursuant 
to  law  to  revise  the  statutes. 

[Section  25  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§  24.  Every  law  which  imposes,  continues  or  revives  a  tax  shall  dis- 
tinctly state  the  tax  and  the  object  to  which  it  is  to  be  applied,  and  it 
shall  not  be  sufficient  to  refer  to  any  other  law  to  fix  such  tax  or  object. 

[Section  20  of  article  III  of  the  amended  constitution  of  1846,  without  change.] 

§,25.  On  the  final  passage,  in  either  house  of  the  Legislature,  or  any 
act  which  imposes,  continues  or  revives  a  tax,  or  creates  a  debt  or 
charge,  or  makes,  continues  or  revives  any  appropriation  of  public 


New  York— 1894  2709 

or  trust  money  or  property,  or  releases,  discharges  or  commutes  any 
claim  or  demand  of  the  State,  the  question  shall  be  taken  by  yeas  and 
nays,  which  shall  be  duly  entered  upon  the  journals,  and  three-fifths 
of  all  the  members  elected  to  either  house  shall,  in  all  such  cases,  "be 
necessary  to  constitute  a  quorum  therein. 

[Section  21  of  article  III  of  the  amended  constitution  of  1846,  witliout  change.] 

§  26.  There  shall  be  in  each  county,  except  in  a  county  wholly 
included  in  a  city,  a  board  of  supervisors,  to  be  composed  of  such 
members  and  elected  in  such  manner  and  for  such  period  as  is  or  may 
be  provided  by  law.  In  a  city  which  includes  an  entire  county,  or 
■two  or  more  entire  counties,  the  powers  and  duties  of  a  board  of 
supervisors  may  be  devolved  upon  the  municipal  assembly,  common 
council,  board  of  aldermen  or  other  legislative  body  of  the  city. 

[Section  22  of  article  III  of  the  amended  constitution  of  1846,  as  amended  and 
adopted  November  7,  1899.] 

§  27.  The  Legislature  shall,  by  general  laws,  confer  upon  the  boards 
of  supervisors  of  the  several  counties  of  the  State  such  further  powers 
of  local  legislation  and  administration  as  the  Legislature  may,  from 
time  to  time,  deem  expedient. 

[Section  23  of  article  III  of  the  amended  constitution  of  1846,  witliout 
change.] 

§  28.  The  Legislature  shall  not,  nor  shall  the  common  council  of 
any  city,  nor  any  board  of  supervisors,  grant  any  extra  compensation 
to  any  public  officer,  servant,  agent  or  contractor. 

[Section  24  of  article  III  of  the  amended  constitution  of  1846,  without 
change.] 

§  29.  The  Legislature  shall,  by  law,  provide  for  the  occupation  and 
employment  of  prisoners  sentenced  to  the  several  State  prisons,  peni- 
tentiaries, jails  and  reformatories  in  the  State;  and  on  and  after  the 
first  day  of  January,  in  the  year  one  thousand  eight  hundred  and 
ninety-seven,  no  person  in  any  such  prison,  penitentiary,  jail  or 
reformatory,  shall  be  required  or  allowed  to  Avork,  while  under  sen- 
tence thereto,  at  any  trade,  industry  or  occupation,  wherein  or 
whereby  his  work,  or  the  product  or  profit  of  his  work,  shall  be 
farmed  out,  contracted,  given  or  sold  to  any  person,  firm,  association 
or  corporation.  This  section  shall  not  be  construed  to  prevent  the 
Legislature  from  providing  that  convicts  may  work  for,  and  that 
the  products  of  their  labor  may  be  disposed  of  to,  the  State  or  any 
political  division  thereof,  or  for  or  to  any  public  institution  owned 
or  managed  and  controlled  by  the  State,  or  any  political  division 
thereof. 

[New.] 

Article  IV 

Section  1.  The  executive  power  shall  be  vested  in  a  Governor,  who 
shall  hold  his  office  for  two  years;  a  Lieutenant-Governor  shall  be 
chosen  at  the  same  time,  and  for  the  same  term.     The  Governor  and 

I  Lieutenant-Governor  elected  next  preceding  the  time  when  this  sec- 
tion shall  take  effect,  shall  hold  office  until  and  including  the  thirty- 


2710  New  York— 1894 

and  their  successors  shall  be  chosen  at  the  general  election  in  that 
year. 

[Section  1  of  article  IV  of  tlie  amended  constitution  of  184G,  amended  by 
changing  the  term  of  office  of  the  governor  and  lieutenant-governor  from  three 
to  two  years.] 

§  2.  No  person  shall  be  eligible  to  the  office  of  Governor  or  Lieu- 
tenant-Governor, except  a  citizen  of  the  United  States,  of  the  age  of 
not  less  than  thirty  years,  and  who  shall  have  been  five  years  next 
preceding  his  election  a  resident  of  this  State. 

[Section  2  of  article  IV  of  the  amended  constitution  of  1846,  without  change.] 

§  3.  The  Governor  and  Lieutenant  Governor  shall  be  elected  at  the 
times  and  places  of  choosing  members  of  the  Assembly.  The  persons 
respectively  having  the  highest  number  of  votes  for  Governor  and 
Lieutenant-Governor  shall  be  elected;  but  in  case  two  or  more  shall 
have  an  equal  and  the  highest  number  of  votes  for  Governor,  or  for 
Lieutenant-Governor,  the  two  houses  of  the  Legislature  at  its  next 
annual  session  shall  forthwith,  by  joint  ballot,  choose  one  of  the  said 
persons  so  having  an  equal  and  the  highest  number  of  votes  for 
Governor  or  Lieutenant-Governor. 

[Section  3  of  article  IV  of  the  amended  constitution  of  1846,  without  change.] 

§  4.  The  Governor  shall  be  Commander-in-Chief  of  the  military 
and  naval  forces  of  the  State.  He  shall  have  power  to  convene  the 
Legislature,  or  the  Senate  only,  on  extraordinary  occasions.  At 
extraordinary  sessions  no  subject  shall  be  acted  upon,  except  such  as 
the  Governor  may  recommend  for  consideration.  He  shall  communi- 
cate by  message  to  the  Legislature  at  every  session  the  condition  of 
the  State,  and  recommend  such  matters  to  it  as  he  shall  judge  expe- 
dient. He  shall  transact  all  necessary  business  with  the  officers  of 
government,  civil  and  military.  He  shall  expedite  all  such  measures 
as  may  be  resolved  upon  by  the  Legislature,  and  shall  take  care  that 
the  laws  are  faithfully  executed.  He  shall  receive  for  his  services 
an  annual  salary  of  ten  thousand  dollars,  and  there  shall  be  provided 
for  his  use  a  suitable  and  furnished  executive  residence. 

[Section  4  of  article  IV  of  the  amended  constitution  of  1846,  amended  by  a 
change  of  the  word  "  them  "  to  "  it,"  referring  to  the  legislature,  in  the  fourth 
sentence.] 

§  5.  The  Governor  shall  have  the  power  to  grant  reprieves,  com- 
mutations and  pardons  after  conviction,  for  all  effenses  except  treason 
and  cases  of  impeachment,  upon  such  conditions  and  with  such 
restrictions  and  limitations,  as  he  may  think  proper,  subject  to  such 
regulations  as  may  be  provided  by  law  relative  to  the  manner  of 
applying  for  pardons.  Upon  conviction  for  treason,  he  shall  have 
power  to  suspend  the  execution  of  the  sentence,  until  the  case  shall  be 
reported  to  the  Legislature  at  its  next  meeting,  when  the  Legislature 
shall  either  pardon,  or  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He  shall  annually  com- 
municate to  the  Legislature  each  case  of  reprieve,  commutation  or 
pardon  granted,  stating  the  name  of  the  convict,  the  crime  of  which 
he  was  convicted,  the  sentence  and  its  date,  and  the  date  of  the  com- 
mutation, pardon  or  reprieve. 

[Section  5  of  article  IV  of  the  amended  constitution  of  1846,  without  change.] 


■ 


New  York— 1894  2711 

§  6.  In  case  of  the  impeachment  of  the  Governor,  or  his  removal 
from  office,  death,  inability  to  discharge  the  powers  and  duties  of  the 
said  office,  resignation,  or  absence  from  the  State,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  Lieutenant-Governor  for 
the  residue  of  the  term,  or  until  the  disability  shall  cease.  But  when 
the  Governor  shall,  with  the  consent  of  the  Legislature,  be  out  of  the 
State,  in  time  of  war,  at  the  head  of  a  military  force  thereof,  he  shall 
continue  Commander-in-Chief  of  all  the  military  force  of  the  State. 

[Section  G  of  article  IV  of  the  amended  constitution  of  1846,  without  change.] 

§  7.  The  Lieutenant-Governor  shall  possess  the  same  qualifications 
of  eligibility  for  office  as  the  Governor.  He  shall  be  president  of 
the  Senate,  but  shall  have  only  a  casting  vote  therein.  If  during  a 
vacancy  of  the  office  of  Governor,  the  Lieutenant-Governor  shall  be 
impeached,  displaced,  resign,  die,  or  become  incapable  of  performing 
the  duties  of  his  office,  or  be  absent  from  the  State,  the  President  of 
the  Senate  shall  act  as  Governor  until  the  vacancy  be  filled  or  the 
disability  shall  cease;  and  if  the  President  of  the  Senate  for  any  of 
the  above  causes  shall  become  incapable  of  performing  the  duties 
pertaining  to  the  office  of  Governor,  the  Speaker  of  the  Assembly 
shall  act  as  Governor  until  the  vacancy  be  filled  or  the  disability  shall 
cease. 

[Section  7  of  article  IV  of  the  amended  constitution  of  1846,  amended  by 
adding  the  provision  conferring  upon  the  speaker  of  the  assembly  the  right 
of  succession  to  the  governorship.] 

§  8.  The  Lieutenant-Governor  shall  receive  for  his  services  an 
annual  salary  of  five  thousand  dollars,  and  shall  not  receive  or  be 
entitled  to  any  other  compensation,  fee  or  perquisite,  for  any  duty 
or  service  he  may  be  required  to  perform  by  the  Constitution  or  by 
law. 

[Section  8  of  article  IV  of  the  amended  constitution  of  1846,  without  change.] 

§  9.  Every  bill  which  shall  have  passed  the  Senate  and  Assembly 
shall,  before  it  becomes  a  law,  be  presented  to  the  Governor;  if  he 
approve,  he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his  objec- 
tions to  the  house  in  which  it  shall  have  originated,  w^hich  shall  enter 
the  objections  at  lar^e  on  the  journal,  and  proceed  to  reconsider  it. 
If  after  such  reconsideration,  two-thirds  of  the  members  elected  to 
that  house  shall  agree  to  pass  the  bill,  it  shall  be  sent  together  with 
the  objections,  to  the  other  house,  by  which  it  shall  likewise  be  re- 
considered; and  if  approved  by  two-thirds  of  the  members  elected 
to  that  house,  it  shall  become  a  law  notwithstanding  the  objections 
of  the  Governor.  In  all  such  cases,  the  votes  in  both  houses  shall 
be  determined  by  yeas  and  nays,  and  the  names  of  the  members  voting 
shall  be  entered  on  the  journal  of  each  house  respectively.  If  any 
bill  shall  not  be  returned  by  the  Governor  within  ten  days  (Sundays 
excepted)  after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  the  Legislature 
shall,  by  their  adjournment,  prevent  its  return,  in  which  case  it  shall 
not  become  a  law  without  the  approval  of  the.  Governor.  No  bill 
shall  become  a  law  after  the  final  adjournment  of  the  Legislature, 
unless  approved  by  the  Governor  within  thirty  days  after  such  ad- 
journment.    If  any  bill  presented  to  the  Governor  contain  several 


2712  New  York— 1894 

items  of  appropriation  of  money,  he  may  object  to  one  or  more  of  such 
items  Avhile  approving  of  the  other  portion  of  the  bilL  In  such  case, 
he  shall  append  to  the  bill,  at  the  time  of  signing  it,  a  statement  of 
the  items  to  which  he  objects;  and  the  appropriation  so  objected  to 
shall  not  take  effect.  If  the  Legislature  be  in  session,  he  shall  trans- 
mit to  the  house  in  which  the  bill  originated  a  copy  of  such  statement, 
and  the  items  objected  to  shall  be  separately  reconsidered.  If  on  re- 
consideration one  or  more  of  such  items  be  approved  by  two-thirds 
of  the  members  elected  to  each  house,  the  same  shall  be  part  of  the 
law,  notwithstanding  the  objections  of  the  Governor.  All  the  pro- 
visions of  this  section,  in  relation  to  bills  not  approved  by  the  Gov- 
ernor, shall  apply  in  cases  in  which  he  shall  withhold  his  approval 
from  any  item  or  items  contained  in  a  bill  appropriating  money. 

[Section  9  of  article  IV  of  the  amended  constitution  of  184G,  without  change.] 

Article  V 

Section  1.  The  Secretary  of  State,  Comptroller,  Treasurer,  At- 
torney-General and  State  Engineer  and  Surveyor  shall  be  chosen 
at  a  general  election,  at  the  times  and  places  of  electing  the  Governor 
and  Lieutenant-Governor,  and  shall  hold  their  offices  for  two  years, 
except  as  provided  in  section  two  of  this  article.  Each  of  the  officers 
in  this  article  named,  excepting  the  Speaker  of  the  Assembly,  shall, 
at  stated  times  during  his  continuance  in  office,  receive  for  his  services 
a  compensation  which  shall  not  be  increased  or  diminished  during 
the  term  for  which  he  shall  have  been  elected;  nor  shall  he  receive 
to  his  use  any  fees  or  perquisites  of  office  or  other  compensation. 
No  person  shall  be  elected  to  the  office  of  State  Engineer  and  Surveyor 
who  is  not  a  practical  civil  engineer. 

[Sections  1  and  2  of  article  V  of  the  amended  constitution  of  1846,  consoli- 
dated without  change.] 

§  2.  The  first  election  of  the  Secretary  of  State,  Comptroller,  Treas- 
urer, Attorney-General  and  State  Engineer  and  Surveyor,  pursuant 
to  this  article,  shall  be  held  in  the  year  one  thousand  eight  hundred 
and  ninety-five,  and  their  terms  of  office  shall  begin  on  the  first  day 
of  January  following,  and  shall  be  for  three  years.  At  the  general 
election  in  the  year  one  thousand  eight  hundred  and  ninety-eight, 
and  every  two  years  thereafter,  their  successors  shall  be  chosen  for 
the  term  of  two  years. 

[New.] 

§  3.  A  superintendent  of  public  w^orks  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and  hold 
his  office  until  the  end  of  the  term  of  the  Governor  by  whom  he  was 
nominated,  and  until  his  successor  is  appointed  and  qualified.  He 
shall  receive  a  compensation  to  be  fixed  by  law.  He  shall  be  required 
by  law  to  give  security  for  the  faithful  execution  of  his  office  before 
entering  upon  the  duties  thereof.  He  shall  be  charged  v*- ith  the  exe- 
cution of  all  laws  relating  to  the  repair  and  navigation  of  the  canals, 
and  also  of  those  relating  to  the  construction  and  improvement  of  the 
canals,  except  so  far  as  the  execution  of  the  laws  relating  to  such  con- 
struction or  improvement  shall  be  confided  to  the  State  Engineer  and 
Surveyor;  subject  to  the  control  of  the  Legislature,  he  shall  make  the 


New  York— 1894  2713 

rules  and  regulations  for  the  navigation  or  use  of  the  canals.  He 
may  be  suspended  or  removed  from  office  by  the  Governor  whenever, 
in  his  judgment,  the  public  interest  shall  so  require;  but  in  case  of 
the  removal  of  such  Superintendent  of  Public  Works  from  office,  the 
Governor  shall  file  with  the  Secretary  of  State  a  statement  of  the 
cause  of  such  removal,  and  shall  report  such  removal  and  the  cause 
thereof  to  the  Legislature  at  its  next  session.  The  Superintendent  of 
Public  Works  shall  appoint  not  more  than  three  assistant  superin- 
tendents, whose  duties  shall  be  prescribed  by  him,  subject  to  modi- 
fication by  the  Legislature,  and  who  shall  receive  for  their  services  a 
compensation  to  be  fixed  by  law.  They  hold  their  office  for  three 
•  years,  subject  to  suspension  or  removal  by  the  Superintendent  of  Pub- 
lic Works,  whenever,  in  his  judgment,  the  public  interest  shall  so 
require.  Any  vacancy  in  the  office  of  any  such  assistant  superintend- 
ent shall  be  filled  for  the  remainder  of  the  term  for  which  he  was 
appointed,  by  the  Superintendent  of  Public  Works;  but  in  case  of 
the  suspension  or  removal  of  any  such  assistant  superintendent  by 
him,  he  shall  at  once  report  to  the  Governor,  in  writing,  the  cause  of 
such  removal.  All  other  persons  employed  in  the  care  and  manage- 
ment of  the  canals,  except  collectors  of  tolls,  and  those  in  the  depart- 
ment of  the  State  Engineer  and  Surveyor,  shall  be  appointed  by  the 
Superintendent  of  Public  Works,  and  be  subject  to  susj^ension  or 
removal  by  him.  The  Superintendent  of  Public  Works  shall  perform 
all  the  duties  of  the  former  Canal  Commissioners  and  Board  of 
Canal  Commissioners,  as  now  declared  by  law,  until  otherwise  pro- 
vided by  the  Legislature.  The  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate,  shall  have  power  to  fill  vacancies  in  the  office  of 
Superintendent  of  Public  Works;  if  the  Senate  be  not  in  session,  he 
may  grant  commissions  which  shall  expire  at  the  end  of  the  next  suc- 
ceeding session  of  the  Senate. 

[Section  8  of  article  V  of  the  amended  constitution  of  1846,  amended,  by  strilv- 
ing  from  such  section  the  sentence  abolishing  the  oflSce  of  canal  commissioner.] 

§  4.  A  Superintendent  of  State  Prisons  shall  be  appointed  by  the 
Governor,  by  and  with  the  advice  and  consent  of  the  Senate,  and  hold 
his  office  for  five  years,  unless  sooner  removed ;  he  shall  give  security 
in  such  amount,  and  with  such  sureties  as  shall  be  required  by  law 
for  the  faithful  discharge  of  his  duties;  he  shall  have  the  superin- 
tendence, management  and  control  of  State  prisons,  subject  to  such 
laws  as  now  exist  or  may  hereafter  be  enacted ;  he  shall  appoint  the 
agents,  wardens,  physicians  and  chaplains  of  the  prisons.  The  agent 
and  warden  of  each  prison  shall  appoint  all  other  officers  of  such 
prison,  except  the  clerk,  subject  to  the  approval  of  the  same  by  the 
Superintendent.  The  Comptroller  shall  appoint  the  clerks  of  the 
prisons.  The  Superintendent  shall  have  all  the  powers  and  perform 
all  the  duties  not  inconsistent  herewith,  which  were  formerly  had 
and  performed  by  the  Inspectors  of  State  Prisons.  The  Governor 
may  remove  the  Superintendent  for  cause  at  any  time,  giving  to  him 
a  copy  of  the  charges  against  him,  and  an  opportunity  to  be  heard  in 
his  defense.    . 

[Section  4  of  article  V  of  the  amended  constitution  of  1846,  amended.  The 
words  "  were  formerly  "  in  the  iiext  section  to  the  last  are  new,  taking  the  place 
of  the  words  "  have  heretofore  been."  The  sentence  relating  to  the  abolishing  of 
the  office  of  inspector  of  state  prisons  is  omitted.] 


2714  New  York— 1894 

§  5.  The  Lieutenant-Governor,  Speaker  of  the  Assembly,  Secretary 
of  State,  Comptroller,  Treasurer,  Attorney-General  and  State  Engi- 
neer and  Surveyor  shall  be  the  commissioners  of  the  land  office.  The 
Lieutenant-Governor,  Secretary  of  State,  Comptroller,  Treasurer  and 
Attorney-General  shall  be  the  commissioners  of  the  canal  fund.  The 
canal  board  shall  consist  of  the  commissioners  of  the  canal  fund,  the 
State  Engineer  and  Surveyor  and  the  Superintendent  of  Public 
Works. 

[Section  5  of  article  V  of  the  amended  constitution  of  1846,  amended  by  strilv- 
ing  out  the  words  "  canal  commissioners "  and  inserting  in  place  thereof  the 
words  "  superintendent  of  public  works,"  to  conform  with  section  3  of  article  V, 
ante.] 

§  6.  The  powers  and  duties  of  the  respective  boards,  and  of  the 
several  officers  in  this  article  mentioned,  shall  be  such  as  now  are  or 
hereafter  may  be  prescribed  by  law. 

[Section  6  of  article  Y  of  the  amended  constitution  of  1846,  without  change.] 

§  7.  The  Treasurer  may  be  suspended  from  office  by  the  Governor, 
during  the  recess  of  the  Legislature,  and  until  thirty  days  after  the 
commencement  of  the  next  session  of  the  Legislature,  whenever  it 
shall  appear  to  him  that  such  Treasurer  has,  in  any  particular,  vio- 
lated his  duty.  The  Governor  shall  appoint  a  competent  person  to 
discharge  the  duties  of  the  office  during  such  suspension  of  the 
Treasurer. 

[Section  7  of  article  V  of  the  amended  constitution  of  1846,  without  change.] 

§  8.  All  offices  for  the  weighing,  gauging,  measuring,  culling  or 
inspecting  any  merchandise,  produce,  manufacture  or  commodity 
whatever,  are  hereby  abolished;  and  no  such  office  shall  hereafter  be 
created  by  law;  but  nothing  in  this  section  contained  shall  abrogate 
any  office  created  for  the  purpose  of  protecting  the  public  health  or 
the  interests  of  the  State  in  its  property,  revenue,  tolls  or  purchases 
or  of  supplying  the  people  with  correct  standards  of  weights  and 
measures,  or  shall  prevent  the  creation  of  any  office  for  such  purposes 
hereafter. 

[Section  8  of  article  V  of  the  amended  constitution  of  1846,  without  change.] 

§  9.  Appointments  and  promotions  in  the  civil  service  of  the  State, 
and  of  all  the  civil  divisions  thereof,  including  cities  and  villages, 
shall  be  made  according  to  merit  and  fitness  to  be  ascertained,  so  far 
as  practicable,  by  examinations,  which,  so  far  as  practicable,  shall  be 
competitive  ,*•  provided,  however,  that  honorably  discharged  soldiers 
and  sailors  from  the  army  and  navy  of  the  United  States  in  the  late 
civil  war,  who  are  citizens  and  residents  of  this  State,  shall  be  entitled 
to  preference  in  appointment  and  promotion  without  regard  to  their 
standing  on  any  list  from  which  such  appointment  or  promotion  may 
be  made.  Laws  shall  be  made  to  provide  for  the  enforcement  of  this 
section. 

[New.] 

[The  following  article  is  a  substitute  for  article  VI  of  the  amended  constitu- 
tion of  1846,  and  the  notes  at  the  end  of  the  following  sections  will  only  refer  to 
similar  provisions  in  the  sections  of  such  article.] 


New  York— 1894  2715 

Article  VI 

Section  1.  The  Supreme  Court  is  continued  with  general  jurisdic- 
tion in  law  and  equity,  subject  to  such  appellate  jurisdiction  of  the 
Court  of  Appeals  as  now  is  or  may  be  prescribed  by  law  not  inconsist- 
ent with  this  article.  The  existing  judicial  districts  of  the  State  are 
continued  until  changed  as  hereinafter  provided.  The  Supreme 
Court  shall  consist  of  the  Justices  now  in  office,  and  of  the  Judges 
transferred  thereto  by  the  fifth  section  of  this  article,  all  of  whom 
shall  continue  to  be  justices  of  jthe  Supreme  Court  during  their  re- 
spective terms,  and  of  twelve  additional  Justices  who  shall  reside  in 
and  be  chosen  by  the  electors  of,  the  several  existing  judicial  dis- 
tricts, three  in  the  first  district,  three  in  the  second,  and  one  in  each  of 
the  other  districts;  and  of  their  successors.  The  successors  of  said 
justices  shall  be  chosen  by  the  electors  of  their  respective  judicial 
districts.  The  Legislature  may  alter  the  judicial  districts  once  after 
every  enumeration  under  the  Constitution,  of  the  inhabitants  of  the 
State,  and  thereupon  reapportion  the  Justices  to  be  thereafter  elected 
in  the  districts  so  altered.  The  legislature  may  from  time  to  time 
increase  the  number  of  justices  in  any  judicial  district  except  that  the 
number  of  justices  in  the  first  and  second  district  or  in  any  of  the 
districts  into  which  the  second  district  may  be  divided,  shall  not  be 
increased  to  exceed  one  justice  for  each  eighty  thousand,  or  fraction 
over  forty  thousand  of  the  population  thereof,  as  shown  by  the  last 
state,  or  federal  census  or  enumeration,  and  except  that  the  number 
of  justices  in  any  other  district  shall  not  be  increased  to  exceed  one 
justice  for  each  sixty  thousand  or  fraction  over  thirty-five  thousand 
of  the  population  thereof  as  shown  by  the  last  state  or  federal  census 
or  enumeration.  The  legislature  may  erect  out  of  the  second  judicial 
district  as  now  constituted,  another  judicial  district  and  apportion 
the  justices  in  office  between  the  districts,  and  provide  for  the  election 
of  additional  justices  in  the  new  district  not  exceeding  the  limit 
herein  provided.     [Amended  by  vote  of  People,  Nov.  7,  1905.] 

§  2.  The  Legislature  shall  divide  the  State  into  four  judicial  de- 
partments. The  first  department  shall  consist  of  the  county  of  New 
York;  the  others  shall  be  bounded  by  county  lines,  and  be  compact 
and  equal  in  population  as  nearly  as  may  be.  Once  every  ten  years 
the  Legislature  may  alter  the  judicial  departments,  but  without  in- 
creasing the  number  thereof.  There  shall  be  an  appellate  division 
of  the  Supreme  Court,  consisting  of  seven  justices  in  the  first  depart- 
ment, and  of  five  justices  in  each  of  the  other  departments.  In  each 
department  four  shall  constitute  a  quorum,  and  the  concurrence  of 
three  shall  be  necessary  to  a  decision.  No  more  than  five  justices 
shall  sit  in  any  case.  From  all  the  justices  elected  to  the  Supreme 
Court  the  Governor  shall  designate  those  who  shall  constitute  the 
apj)ellate  division  in  each  department ;  and  he  shall  designate  the  pre- 
siding justice  thereof,  who  shall  act  as  such  during  his  term  of  office, 
and  shall  be  a  resident  of  the  department.  The  other  justices  shall 
be  designated  for  terms  of  five  years  or  the  unexpired  portions  of 
their  respective  terms  of  office,  if  less  than  five  years.     From  time  to 

I  time  as  the  terms  of  such  designations  expire,  or  vacancies  occur,  he 
shall  make  new  designations.  A  majority  of  the  justices  so  desig- 
r " "■""'"""" 


2716  New  York— 1894 

residents  of  the  department.  He  may  also  make  temporary  designa- 
tions in  case  of  the  absence  or  inability  to  act  of  any  justice  in  the 
appellate  division,  or  in  case  the  presiding  justice  of  any  appellate 
division  shall  certify  to  him  that  one  or  more  additional  justices  are 
needed  for  the  speedy  disposition  of  the  business  before  it.  AAHien- 
ever  the  appellate  division  in  any  department  shall  be  unable  to 
dispose  of  its  business  within  a  reasonable  time,  a  majority  of  the 
presiding  justices  of  the  several  departments  at  a  meeting  called  by 
the  presiding  justice  of  the  department  in  arrears  may  transfer  any 
pending  appeals  from  such  dejDartnient  to  any  other  department  for 
hearing  and  determination.  No  justice  of  the  appellate  division 
shall,  within  the  department  to  which  he  may  be  designated  to  per- 
form the*  duties  of  an  appellate  justice,  exercise  any  of  the  powers  of 
a  justice  of  the  Supreme  Court,  other  than  those  of  a  justice  out  of 
court,  and  those  pertaining  to  the  appellate  division  or  to  the  hearing 
and  decision  of  motions  submitted  by  consent  of  counsel,  but  any  jus- 
tice, when  not  actually  engaged  in  performing  the  duties  of  such 
appellate  justice  in  the  department  to  which  he  is  designated,  may 
hold  any  term  of  the  supreme  court  and  exercise  any  of  the  powers 
of  a  justice  of  the  supreme  court  in  any  county  or  judicial  district 
in  any  other  department  of  the  state.  From  and  after  the  last  day 
of  December,  eighteen  hundred  and  ninety-five,  the  appellate  division 
shall  have  the  jurisdiction  now  exercised  by  the  Supreme  Court  at 
its  general  terms  and  by  the  general  terms  of  the  Court  of  Common 
Pleas  for  the  city  and  county  of  New  York,  the  Superior  Court  of  the 
city  of  New  York,  the  Superior  Court  of  Buffalo  and  the  city  of 
Brooklyn,  and  such  additional  jurisdiction  as  may  be  conferred  by 
the  Legislature.  It  shall  have  power  to  appoint  and  remove  a 
reporter.  The  justices  of  the  appellate  division  in  each  department 
shall  have  power  to  fix  the  times  and  places  for  holding  special  terms 
therein,  and  to  assign  the  justices  in  the  departments  to  hold  such 
terms ;  or  to  make  rules  therefor.  [Amended  by  vote  of  People,  Nov. 
7, 1905.] 

[Amended  and  adopted  November  7,  1899.  The  appellate  division  is  a  sub- 
stitute for  and  has  the  jurisdiction  of  the  former  general  term.  See  amended 
constitution  of  1846,  article  VI,  sections  7  and  28,  and  L.  1883,  chap.  329,  R.  S., 
8th  ed.,  p.  291.] 

§  3.  No  Judge  or  Justice  shall  sit  in  the  Appellate  Division  or  in 
the  Court  of  Appeals  in  review  of  a  decision  made  by  him  or  by  any 
court  of  which  he  was  at  the  time  a  sitting  member.  The  testimony 
in  equity  cases  shall  be  taken  in  like  manner  as  in  cases  at  law;  and, 
except  as  herein  otherwise  provided,  the  Legislature  shall  have  the 
same  power  to  alter  and  regulate  the  jurisdiction  and  proceedings  in 
law  and  in  equity  that  it  has  heretofore  exercised. 

[Section  8  of  article  VI  of  the  amended  constitution  of  1846,  amended  ante.] 

§  4.  The  official  terms  of  the  Justices  of  the  Supreme  Court  shall 
be  fourteen  years  from  and  including  the  first  day  of  January  next 
after  their  election.  When  a  vacancy  shall  occur  otherwise  than  by 
expiration  of  term  in  the  office  of  Justice  of  the  Supreme  Court  the 
sam.e  shall  be  filled  for  a  full  term,  at  the  next  general  election,  hap- 
pening not  less  than  three  months  after  such  vacancy  occurs;  and, 
until  the  vacancy  shall  be  so  filled,  the  Governor  by  and  with  the 
advice  and  consent  of  the  Senate,  if  the  Senate  shall  be  in  session,  or 


Neiv  York— 1894  2717 

if  not  in  session  the  Governor,  may  fill  such  vacancy  by  appointment, 
which  shall  continue  until  and  including  the  last  day  of  December 
next  after  the  election  at  which  the  vacancy  shall  be  filled. 

[The  first  sentence  of  this  section  relating  to  length  of  term  is  in  section  13 
of  article  VI  of  the  amended  constitution  of  1846.  The  remainder  of  the  section 
is  in  substance  the  same  as  section  9  of  article  VI  of  the  amended  constitution 
of  1846.] 

§  5.  The  Superior  Court  of  the  city  of  New  York,  the  Court  of 
Common  Pleas  for  the  city  and  county  of  New  York,  the  Superior 
Court  of  Buffalo,  and  the  City  Court  of  Brooklyn,  are  abolished  from 
and  after  the  first  day  of  January,  one  thousand  eight  hundred  and 
ninety-six,  and  thereupon  the  seals,  records,  papers  and  documents  of 
or  belonging  to  such  courts,  shall  be  deposited  in  the  offices  of  the 
clerks  of  the  several  counties  in  which  said  courts  now  exist ;  and  all 
actions  and  proceedings  then  pending  in  such  courts  shall  be  trans- 
ferred to  the  Supreme  Court  for  hearing  and  determination.  The 
Judges  of  said  courts  in  office  on  the  first  day  of  January,  one  thou- 
sand eight  hundred  and  ninety-six,  shall,  for  the  remainder  of  the 
term  for  which  they  were  elected  or  appointed,  be  Justices  of  the 
Supreme  Court;  but  they  shall  sit  only  in  the  counties  in  which  they 
were  elected  or  appointed.  Their  salaries  shall  be  paid  b}^  the  said 
counties  respectively,  and  shall  be  the  same  as  the  salaries  of  the  other 
Justices  of  the  Supreme  Court  residing  in  the  same  counties.  Their 
successors  shall  be  elected  as  Justices  of  the  Supreme  Court  by  the 
electors  of  the  judicial  districts  in  which  they  respectively  reside. 

The  jurisdiction  now  exercised  by  the  several  courts  hereby  abol- 
ished, shall  be  vested  in  the  Supreme  Court.  Appeals  from  inferior 
and  local  courts  now  heard  in  the  Court  of  Common  Pleas  for  the 
city  and  county  of  New  York  and  the  Superior  Court  of  Buffalo, 
shall  be  heard  in  the  Supreme  Court  in  such  manner  and  by  such 
Justice  or  Justices  as  the  Appellate  Division  in  the  respective  depart- 
ments which  include  New  York  and  Buffalo  shall  direct,  unless  other- 
wise provided  by  the  Legislature. 

[This  section  is  new.  See  §§  12,  13  of  article  VI  of  the  amended  constitution 
of  1846.] 

§  6.  Circuit  Courts  and  Courts  of  Oyer  and  Terminer  are  abolished 
from  and  after  the  last  day  of  December,  one  thousand  eight  hundred 
and  ninety-five.  All  their  jurisdiction  shall  thereupon  be  vested  in 
the  Supreme  Court,  and  all  actions  and  proceedings  then  pending  in 
such  courts  shall  be  transferred  to  the  Supreme  Court  for  hearing 
and  determination.  Any  Justice  of  the  Supreme  Court,  except  as 
otherwise  provided  in  this  article,  may  hold  court  in  arfy  county. 

[This  section  is  new.] 

§  7.  It  shall  consist  of  the  chief  judge  and  associate  judges  now  in 
office,  who  shall  hold  their  offices  until  the  expiration  of  their  respec- 
tive terms,  and  their  successors,  who  shall  be  chosen  by  the  electors  of 
the  State.  The  official  terms  of  the  chief  judge  and  associate  judges 
shall  be  fourteen  years  from  and  including  the  first  day  of  January 

I  next  after  their  election.  Five  members  of  the  court  shall  form  a 
Quorum,  and  the  concurrence  of  four  shall  be  necessary  to  a  decision, 
tt'he  court  shall  have  power  to  appoint  and  to  remove  its  reporter, 


2718  New  York— 1894 

judges  of  the  court  of  appeals  shall  certify  to  the  Governor  that  said 
court  is  unable,  by  reason  of  the  accumulation  of  causes  pending 
therein,  to  hear  and  dispose  of  the  same  with  reasonable  speed,  the 
Governor  shall  designate  not  more  than  four  justices  of  the  Supreme 
Court  to  serve  as  associate  judges  of  Court  of  Appeals.  The  justices 
so  designated  shall  be  relieved  from  their  duties  as  justices  of  the 
Supreme  Court  and  shall  serve  as  associate  judges  of  the  Court  of 
Appeals  until  the  causes  undisposed  of  in  said  court  are  reduced  to 
two  hundred,  Avhen  they  shall  return  to  the  Supreme  Court.  The 
Governor  may  designate  justices  of  the  Supreme  Court  to  fill  vacan- 
cies. No  justice  shall  serve  as  associate  judge  of  the  Court  of  Appeals 
except  while  holding  the  office  of  Justice  of  the  Supreme  Court,  and 
not  more  than  seven  judges  shall  sit  in  any  case. 

[Section  2  of  article  VI  of  the  amended  constitution  of  1846,  amended  and 
adopted  November  7,  1899.] 

§  8.  AVhen  a  vacancy  shall  occur  otherwise  than  by  expiration  of 
term,  in  the  office  of  Chief  or  Associate  Judge  of  the  Court  of  Appeals, 
the  same  shall  be  filled,  for  a  full  term,  at  the  next  general  election 
happening  not  less  than  three  months  after  such  vacancy  occurs ;  and 
until  the  vacancy  shall  be  so  filled,  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate,  if  the  Senate  shall  be  in  session,  or 
if  not  in  session  the  Governor,  may  fill  such  vacancy  by  appointment. 
If  any  such  appointment  of  Chief  Judge  shall  be  made  from  among 
the  Associate  Judges,  a  temporary  appointment  of  Associate  Judge 
shall  be  made  in  like  manner ;  but  in  such  case,  the  person  appointed 
Chief  Judge  shall  not  be  deemed  to  vacate  his  office  of  Associate  Judge 
any  longer  than  until  the  expiration  of  his  appointment  as  Chief 
Judge.  The  powers  and  jurisdiction  of  the  court  shall  not  be  sus- 
pended for  want  of  appointment  or  election,  when  the  number  of 
Judges  is  sufficient  to  constitute  a  quorum.  All  appointments  under 
this  section  shall  continue  until  and  including  the  last  day  of  Decem- 
ber next  after  the  election  at  which  the  vacancy  shall  be  filled. 

[Section  3  of  article  VI  of  the  amended  constitution  of  1846,  amended  by  a 
change  in  language.] 

§  9.  After  the  last  day  of  December,  one  thousand  eight  hundred 
and  ninety-five,  the  jurisdiction  of  the  Court  of  Appeals,  except  where 
the  judgment  is  of  death,  shall  be  limited  to  the  review  of  questions 
of  law.  No  unanimous  decision  of  the  Appellate  Division  of  the 
Supreme  Court  that  there  is  evidence  supporting  or  tending  to  sus- 
tain a  finding  of  fact  or  a  verdict  not  directed  by  the  court,  shall  be 
reviewed  by^the  Court  of  Appeals.  Except  where  the  judgment  is 
of  death,  appeals  may  be  taken,  as  of  right,  to  said  court  only  from 
judgment  or  orders  entered  upon  decisions  of  the  Appellate  Division 
of  the  Supreme  Court,  finally  determining  actions  or  special  pro- 
ceedings, and  from  orders  granting  new  trials  on  exceptions,  where 
the  appellants  stipulate  that  upon  affirmance  judgment  absolute  shall 
be  rendered  against  them.  The  Appellate  Division  in  any  depart- 
ment may,  however,  allow  an  appeal  upon  any  question  of  law  which, 
in  its  opmion,  ought  to  be  reviewed  by  the  Court  of  Appeals., 

The  Legislature  may  further  restrict  the  jurisdiction  of  the  Court 
of  Appeals  and  the  right  of  appeal  thereto,  but  the  right  to  appeal 
shall  not  depend  upon  the  amount  involved. 


New  York— 1894  2719 

The  provisions  of  this  section  shall  not  apply  to  orders  made  or 
judgments  rendered  by  any  General  Term  beiore  the  last  day  of 
December,  one  thousand  eight  hundred  and  ninety-five,  but  appeals 
therefrom  may  be  taken  under  existing  provisions  of  law. 

[This  section  is  mostly  new.] 

§  10.  The  Judges  of  the  Court  of  Appeals  and  the  Justices  of  the 
Supreme  Court  shall  not  hold  any  other  office  or  public  trust.  All 
votes  for  any  of  them,  for  any  other  thaiv  a  judicial  office,  given  by 
the  Legislature  or  the  people,  shall  be  void. 

[Section  10  of  article  VI  of  the  amended  constitution  of  1846,  without  change.] 

§  11.  Judges  of  the  Court  of  Appeals  and  Justices  of  the  Supreme 
Court  may  be  removed  by  concurrent  resolution  of  both  houses  of  the 
Legislature,  if  two-thirds  of  all  the  members  elected  to  each  house 
concur  therein.  All  other  judicial  officers,  except  justices  of  the  peace 
and  judges  or  justices  of  inferior  courts  not  of  record,  may  be  re- 
moved by  the  Senate,  on  the  recommendation  of  the  Governor,  if 
two-thirds  of  all  the  members  elected  to  the  Senate  concur  therein. 
But  no  officer  shall  be  removed  by  virtue  of  this  section  except  for 
cause,  which  shall  be  entered  on  the  journals,  nor  unless  he  shall  have 
been  served  with  a  statement  of  the  cause  alleged,  and  shall  have  had 
an  opportunity  to  be  heard.  On  the  question  of  removal,  the  yeas  and 
nays  shall  be  entered  on  the  journal. 

[Section  11  of  article  VI  of  the  amended  constitution  of  1846  amended.] 

§  12.  The  Judges  and  Justices  hereinbefore  mentioned  shall  receive 
for  their  services  a  compensation  established  by  law,  which  shall  not 
be  increased  or  diminished  during  their  official  terms,  except  as  pro- 
vided in  section  five  of  this  article.  No  person  shall  hold  the  office  of 
Judge  or  Justice  of  any  court  longer  than  until  and  including  the  last 
day  of  December  next  after  he  shall  be  seventy  years  of  age.  No 
judge  or  justice  elected  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-four,  shall  be  entitled  to  receive  any  com- 
pensation after  the  last  day  of  December  next  after  he  shall  be 
seventy  years  of  age;  but  the  compensation  of  every  Judge  of  the 
Court  of  Appeals  or  Justice  of  the  Supreme  Court  elected  prior  to 
the  first  day  of  January,  one  thousand  eight  hundred  and  ninety-four, 
whose  term  of  office  has  been,  or  whose  present  term  of  office  shall  be, 
so  abridged,  and  who  shall  have  served  as  such  Judge  or  Justice  ten 
years  or  more,  shall  be  continued  during  the  remainder  of  the  term 
for  which  he  was  elected ;  but  any  such  Judge  or  Justice  may,  with  his 
consent,  be  assigned  by  the  Governor,  from  time  to  time,  to  any  duty 
in  the  Supreme  Court  while  his  compensation  is  so  continued. 

[The  first  sentence  of  this  section  is  the  first  sentence  of  section  14  of  article 
VI  of  the  amended  constitution  of  1846,  with  amendment.  The  sentence  relating 
to  age  limitation  is  a  re-enactment  of  the  same  provision  contained  in  section  13 
of  article  6  of  the  amended  constitution  of  1846.  The  provisions  relating  to 
compensation  and  assignment  to  duty  in  the  supreme  court  after  the  expiration 
of  the  age  limitation  are  new.] 

§  13.  The  Assembly  shall  have  the  power  of  impeachment,  by  a 
^^majority  vote  of  all  the  members  elected.  The  court  for  the  trial  of 
^Hgmpeachments  shall  be  composed  of  the  President  of  the  Senate,  the 
^^^penators  or  the  major  part  of  them,  and  the  Judges  of  the  Court  of 


2720  New  York— 1894 

Appeals,  or  the  major  part  of  them.  On  the  trial  of  an  impeachment 
against  the  Governor,  the  Lieutenant-Governor  shall  not  act  as  a 
member  of  the  court.  No  judicial  officer  shall  exercise  his  office,  after 
articles  of  impeachment  against  him  shall  have  been  preferred  to  the 
Senate,  until  he  shall  have  been  acquitted.  Before  the  trial  of  an  im- 
peachment the  members  of  the  court  shall  take  an  oath  or  affirmation 
truly  and  impartially  to  try  the  impeachment  according  to  the  evi- 
dence, and  no  person  shall  be  convicted  without  the  concurrence  of 
two-thirds  of  the  member^  present.  Judgment  in  cases  of  impeach- 
ment shall  not  extend  further  than  to  removal  from  office,  or  removal 
from  office  and  disqualification  to  hold  and  enjoy  any  office  of  honor, 
trust  or  profit  under  this  State;  but  the  party  impeached  shall  be 
liable  to  indictment  and  punishment  according  to  law. 

[Section  1  of  article  VI  of  the  amended  constitution  of  1846  amended.] 

§  14.  The  existing  County  Courts  are  continued,  and  the  Judges 
thereof  now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  respective  terms.  In  the  county  of  Kings  there  shall  be  two" 
County  Judges  .and  the  additional  County  Judge  shall  be  chosen  at 
the  next  general  election  held  after  the  adoption  of  this  article.  The 
successors  of  the  several  County  Judges  shall  be  chosen  by  the  electors 
of  the  counties  for  the  term  of  six  years.  County  Courts  shall  have 
the  powers  and  jurisdiction  they  now  possess,  and  also  original  juris- 
diction in  actions  for  the  recovery  of  money  only,  where  the  defend- 
ants reside  in  the  county,  and  in  which  the  complaint  demands  judg- 
ment for  a  sum  not  exceeding  two  thousand  dollars.  The  Legislature 
may  hereafter  enlarge  or  restrict  the  jurisdiction  of  the  County 
Courts,  provided,  however,  that  their  jurisdiction  shall  not  be  so 
extended  as  *to  authorize  an  action  therein  for  the  recovery  of  money 
only,  in  which  the  sum  demanded  exceeds  two  thousand  dollars,  or  in 
which  any  person  not  a  resident  of  the  county  is  a  defendant. 

Courts  of  Sessions,  except  in  the  county  of  New  York,  are  abolished 
from  and  after  the  last  day  of  December,  one  thousand  eight  hundred 
and  ninety-five.  All  the  jurisdiction  of  the  Court  of  Sessions  in  each 
county,  except  the  county  of  New  York,  shall  thereupon  be  vested  in 
the  County  Court  thereof,  and  all  actions  and  proceedings  then  pend- 
ing in  such  Courts  of  Sessions  shall  be  transferred  to  said  County 
Courts  for  hearing  and  determination.  Every  County  Judge  shall 
perform  such  duties  as  may  be  required  by  law.  His  salary  shall  be 
established  by  law,  payable  out  of  the  county  treasury.  A  County 
eludge  of  any  county  may  hold  County  Courts  in  any  other  county 
Avhen  requested  by  the  judge  of  such  other  county. 

[Some  of  the  provisions  of  this  section  are  fallen  from  section  15  of  article 
VI  of  the  amended  constitution  of  1846.  The  jurisdiction  is  changed  so  that  the 
limit  is  now  two  thousand  dollars  instead  of  one  thousand,  and  courts  of  ses- 
sions are  abolished  and  their  jurisdiction  conferred  upon  the  county  courts.] 

§  15.  The  existing  Surrogates'  Courts  are  continued,  and  the  Sur- 
rogates now  in  office  shall  hold  their  offices  until  the  expiration  of 
their  terms.  Their  successors  shall  be  chosen  by  the  electors  of  the 
respective  counties,  and  their  terms  of  office  shall  be  six  years,  except 
in  the  county  of  New  York,  where  they  shall  continue  to  be  fourteen 
years.  Surrogates  and  Surrogates'  Courts  shall  have  the  jurisdiction 
and  powers  which  the  Surrogates  and  existing  Surrogates'  Courts 


New  York— 1894  2721 

now  possess,  until  otherwise  provided  by  the  Legislature.  The 
County  Judge  shall  be  Surrogate  of  his  county,  except  where  a  sepa- 
rate Surrogate  has  been  or  shall  be  elected.  In  counties  having  a 
population  exceeding  forty  thousand,  wherein  there  is  no  separate 
Surrogate,  the  Legislature  may  provide  for  the  election  of  a  separate 
officer  to  be  Surrogate,  whose  term  of  office  shall  be  six  years.  When 
the  Surrogate  shall  be  elected  as  a  separate  officer  his  salary  shall  be 
established  by  law,  payable  out  of  the  county  treasury.  No  County 
Judge  or  Surrogate  shall  hold  office  longer  than  until  and  including 
the  last  day  of  December  next  after  he  shall  be  seventy  years  of  age. 
Vacancies  occurring  in  the  office  of  County  Judge  or  Surrogate  shall 
be  filled  in  the  same  manner  as  like  vacancies  occurring  in  the  Su- 
preme Court.  The  compensation  of  any  County  Judge  or  Surrogate 
shall  not  be  increased  or  diminished  during  his  term  of  office.  For 
the  relief  of  Surrogates'  Courts  the  Legislature  may  confer  upon  the 
Supreme  Court  in  any  county  having  a  population  exceeding  four 
hundred  thousand,  the  powers  and  jurisdiction  of  Surrogates,  with 
authority  to  try  issues  of  fact  in  probate  cases. 

[Some  of  the  provisions  of  this  section  are  contained  in  section  15  of  article 
VI  of  the  amended  constitution  of  1846.] 

§  16.  The  Legislature  may,  on  application  of  the  board  of  super- 
visors, provide  for  the  election  of  local  officers,  not  to  exceed  two  in 
any  county,  to  discharge  the  duties  of  County  Judge  and  of  Surro- 
gate, in  cases  of  their  inability  or  of  a  vacancy,  and  in  such  other 
cases  as  may  be  provided  by  law,  and  to  exercise  such  other  powers  in 
special  cases  as  are  or  may  be  provided  by  law. 

[Section  16  of  article  VI  of  the  amended  constitution  of  1846,  amended.] 

§  17.  The  electors  of  the  several  towns  shall,  at  their  annual  town 
meetings,  or  at  such  other  time  and  in  such  manner  as  the  Legislature 
may  direct,  elect  eTustices  of  the  Peace,  whose  term  of  office  shall  be 
four  years.  In  case  of  an  election  to  fill  a  vacancy  occurring  before 
the  expiration  of  the  full  term,  they  shall  hold  for  the  residue  of  the 
unexpired  term.  Their  number  and  classification  may  be  regulated 
by  law.  Justices  of  the  Peace  and  judges  or  justices  of  inferior 
courts  not  of  record,  and  their  clerks  may  be  removed  for  cause,  after 
due  notice  and  an  opportunity  of  being  heard,  by  such  courts  as  are 
or  may  be  prescribed  by  law.  Justices  of  the  Peace  and  District 
Court  Justices  may  be  elected  in  the  different  cities  of  this  State  in 
such  manner,  and  with  such  powers,  and  for  such  terms,  respectively, 
as  are  or  shall  be  prescribed  by  law;  all  other  judicial  officers  in  cities, 
whose  election  or  appointment  is  not  otherwise  provided  for  in  this 
article,  shall  be  chosen  by  the  electors  of  such  cities,  or  appointed  by 
the  local  authorities  thereof. 

[Section  18  of  article  VI  of  the  amended  constitution  of  1846,  amended.] 

§  18.  Inferior  local  courts  of  civil  and  criminal  jurisdiction  may  be 
established  by  the  Legislature,  but  no  inferior  local  court  hereafter 
created  shall  be  a  court  of  record.  The  Legislature  shall  not  here- 
after confer  upon  any  inferior  or  local  courts  of  its  creation,  any 
equity  jurisdiction  or  any  greater  jurisdiction  in  other  respects  than 
is  conferred  upon  County  Courts  by  or  under  this  article.     Except  as 


2722  New  York— 1894 

appointed  at  such  times  and  in  such  manner  as  the  Legislature  may 
direct. 

[Section  19  of  article  VI  of  tlie  amended  constitution  of  1846,  amended.  The 
provisions  that  no  such  courts  shall  be  courts  of  record  or  possess  equity  juris- 
diction are  new.] 

§  19.  Clerks  of  the  several  counties  shall  be  clerks  of  the  Supreme 
^  Court,  with  such  powers  and  duties  as  shall  be  prescribed  by  law. 
The  Justices  of  the  Appellate  Division  in  each  department  shall  have 
power  to  appoint  and  to  remove  a  clerk,  who  shall  keep  his  office  at 
a  place  to  be  designated  by  said  Justices.  The  Clerk  of  the  Court  of 
Appeals  shall  keep  his  office  at  the  seat  of  government.  The  Clerk 
of  the  Court  of  Appeals  and  the  Clerk  of  the  Appellate  Division  shall 
receive  compensation  to  be  established  by  law  and  paid  out  of  the 
public  treasury. 

[Section  20  or  article  VI  of  the  amended  constitution  of  1846,  amended.  The 
clerk  of  appellate  division  is  a  new  office.] 

§  20.  No  judicial  officer,  except  Justices  of  the  Peace,  shall  receive 
to  his  own  use  any  fees  or  perquisites  of  office;  nor  shall  any  Judge 
of  the  Court  of  Appeals,  or  Justice  of  the  Supreme  Court,  or  any 
County  Judge  or  Surrogate  hereafter  elected  in  a  county  having  a 
population  exceeding  one  hundred  and  twenty  thousand,  practice  as 
an  attorney  or  counselor  in  any  court  of  record  of  this  State,  or  act 
as  referee.  The  Legislature  may  impose  a  similar  prohibition  upon 
County  Judges  and  Surrogates  in  other  counties.  No  one  shall  be 
eligible  to  the  office  of  Judge  of  the  Court  of  Appeals,  Justice  of  the 
Supreme  Court,  or,  except  m  the  county  of  Hamilton,  to  the  office  of 
County  Judge  or  Surrogate,  who  is  not  an  attorney  and  counselor  of 
this  State. 

[This  section  contains  the  provisions  of  section  21  of  article  VI  of  the 
amended  constitution  of  1846.     The  remainder  of  the  section  is  new.] 

§  21.  The  Legislature  shall  provide  for  the  speedy  publication  of 
all  statutes,  and  shall  regulate  the  reporting  of  the  decisions  of  the 
courts;  but  all  laws  and  judicial  decisions  shall  be  free  for  publica- 
tion by  any  person. 

[Section  23  of  article  VI  of  the  amended  constitution  of  1846,  amended.] 

§  22.  Justices  of  the  Peace  and  other  local  judicial  officers  provided 
for  in  sections  seventeen  and  eighteen,  in  office  when  this  article  takes 
effect,  shall  hold  their  offices  until  the  expiration  of  their  respective 
terms. 

[Section  25  of  article  VI  of  the  amended  constitution  of  1846,  amended.] 

§  23.  Courts  of  Special  Sessions  shall  have  such  jurisdiction  of 
offenses  of  the  grade  of  misdemeanors  as  may  be  prescribed  by  law. 
[Section  26  of  article  VI  of  the  amended  constitution  of  1846,  without  change.] 

Article  VII 

Section  1.  The  credit  of  the  State  shall  not  in  any  manner  be  given 
or  loaned  to  or  in  aid  of  any  individual,  association  or  corporation. 
[Section  9  of  article  VII  of  the  amended  constitution  of  1846,  without  change.] 

§  2.  The  State  may,  to  meet  casual  deficits  or  failures  in  revenues, 
or  for  expenses  not  provided  for,  contract  debts;  but  such  debts, 


I 


New  York— 1894  2723 

directly  or  contingent,  singly  or  in  the  aggregate,  shall  not  at  any 
time  exceed  one  million  of  dollars ;  and  the  moneys  arising  from  the 
loans  creating  such  debts  shall  be  applied  to  the  purpose  for  which 
they  were  obtained,  or  to  repay  the  debt  so  contracted,  and  to  no  other 
purpose  whatever. 

[Section  10  of  article  VII  of  the  amended  constitution  of  1846,  without 
change.] 

§  3.  In  addition  to  the  above  limited  power  to  contract  debts,  the 
State  may  contract  debts  to  repel  invasions,  suppress  insurrection,  or 
defend  the  State  in  war ;  but  the  money  arising  from  the  contracting 
of  such  debts  shall  be  applied  to  the  purpose  for  which  it  was  raised, 
or  to  repay  such  debts,  and  to  no  other  purpose  whatever. 

[Section  11  of  article  VII  of  the  amended  constitution  of  1846,  without 
change.] 

§  4.  Except  the  debts  specified  in  sections  two  and  three  of  this 
article,  no  debts  shall  be  hereafter  contracted  by  or  in  behalf  of  this 
State,  unless  such  debt  shall  be  authorized  by  a  law,  for  some  single 
work  or  object,  to  be  distinctly  specified  therein;  and  such  law  shall 
impose  and  provide  for  the  collection  of  a  direct  annual  tax  to  pay, 
and  sufficient  to  pay,  the  interest  on  such  debt  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  of  such  debt  within  fifty 
years  from  the  time  of  the  contracting  thereof.  No  such  law  shall 
take  effect  until  it  shall,  at  a  general  election  have  been  submitted 
to  the  people,  and  have  received  a  majority  of  all  the  votes  cast  for 
and  against  it  at  such  election.  On  the  final  passage  of  such  bill  in 
either  house  of  the  legislature,  the  question  shall  be  taken  by  ayes  and 
noes,  to  be  duly  entered  on  the  journals  thereof,  and  shall  be:  "  Shall 
this  bill  pass,  and  ought  the  same  to  receive  the  sanction  of  the 
people  ?  "  The  legislature  may  at  any  time,  after  the  approval  of 
such  law  by  the  people,  if  no  debt  shall  have  been  contracted  in  pursu- 
ance thereof,  repeal  the  same;  and  may  at  any  time,  by  law,  forbid 
the  contracting  of  any  further  debt  or  liability  under  such  law ;  but 
the  tax  imposed  by  such  act,  in  proportion  to  the  debt  and  liability 
which  may  have  been  contracted  in  pursuance  of  such  law,  shall 
remain  in  force  and  be  irrepealable,  and  be  annually  collected,  until 
the  proceeds  thereof  shall  have  made  the  provision  hereinbefore  speci- 
fied to  pay  and  discharge  the  interest  and  principal  of  such  debt  and 
liability.  The  money  arising  from  any  loan  or  stock  creating  such 
debt  or  liability  shall  be  applied  to  the  work  or  object  specified  in  the 
act  authorizing  such  debt  or  liability,  or  for  the  payment  of  such  debt 
or  liability,  and  for  no  other  purpose  whatever.  No  such  law  shall 
be  submitted  to  be  voted  on,  within  three  months  after  its  passage  or 
at  any  general  election  when  any  other  law,  or  any  bill  shall  be  sub- 
mitted to  be  voted  for  or  against.  The  legislature  may  provide  for 
the  issue  of  bonds  of  the  state  to  run  for  a  period  not  exceeding  fifty 
years  in  lieu  of  bonds  heretofore  authorized  but  not  issued  and  shall 
impose  and  provide  for  the  collection  of  a  direct  annual  tax  for  the 
payment  of  the  same  as  hereinbefore  required.  When  any  sinking 
fund  created  under  this  section  shall  equal  in  amount  the  debt  for 
which  it  was  created,  no  further  direct  tax  shall  be  levied  on  account 
of  said  sinking  fund  and  the  legislature  shall  reduce  the  tax  to  an 

7254— VOL  5—09 13 


2724  New  York— 1894 

amount  equal  to  the  accruing  interest  on  such  debt.     [Amended  by 
vote  of  People,  Nov.  7, 1905.] 

[Section  2  of  article  VII  of  the  amended  constitution  of  1846,  amended  by 
striking  the  words  "  the  tenth  and  eleventh  sections  "  and  inserting  the  words 
"  sections  two  and  three."] 

§  5.  The  sinking  funds  provided  for  the  payment  of  interest  and 
the  extinguishment  of  the  principal  of  the  debts  of  the  State  shall  be 
separate^  kept  and  safely  invested,  and  neither  of  them  shall  be 
appropriated  or  used  in  any  manner  other  than  for  the  specific  pur- 
pose for  which  it  shall  have  been  provided. 

[Section  13  of  article  VII  of  the  amended  constitution  of  1846,  without 
change.] 

§  6.  Neither  the  Legislature,  canal  board,  nor  any  person  or  persons 
acting  in  behalf  of  the  State,  shall  audit,  allow  or  pay  any  claim 
which,  as  between  citizens  of  the  State,  would  be  barred  by  lapse  of 
time.  This  provision  shall  not  be  construed  to  repeal  any  statute 
fixing  the  time  within  which  claims  shall  be  presented  or  allowed, 
nor  shall  it  extend  to  any  claim  duly  presented  within  the  time 
allowed  by  law,  and  prosecuted  with  due  diligence  from  the  time  of 
such  presentment.  But  if  the  claimant  shall  be  under  legal  dis- 
ability, the  claim  may  be  presented  within  two  years  after  such  dis- 
ability is  removed. 

[Section  14  of  article  VII  of  the  amended  constitution  of  1846,  amended  by- 
striking  out  certain  provisions  probably  deemed  obsolete.] 

§  7.  The  lands  of  the  State,  now  owned  or  hereafter  acquired,  con- 
stituting the  forest  preserve  as  now  fixed  by  law,  shall  be  forever  kept 
as  wild  forest  lands.  They  shall  not  be  leased,  sold  or  exchanged, 
or  be  taken  by  any  corporation,  public  or  private,  nor  shall  the  timber 
thereon  be  sold,  removed  or  destroyed. 

§  8.  The  Legislature  shall  not  sell,  lease  or  otherwise  dispose  of  the 
Erie  canal,  the  Oswego  canal,  the  Champlain  canal,  the  Cayuga  and 
Seneca  canal,  or  the  Black  River  canal;  but  they  shall  remain  the 
property  of  the  State  and  under  its  management  forever.  The  pro- 
hibition of  lease,  sale  or  other  disposition  herein  contained,  shall  not 
apply  to  the  canal  known  as  the  Main  and  Hamburg  street  canal, 
situated  in  the  city  of  Buffalo,  and  which  extends  easterly  from  the 
westerly  line  of  Main  street  to  the  westerly  line  of  Hamburg  street. 
All  funds  that  may  be  derived  from  any  lease,  sale  or  other  disposi- 
tion of  any  canal  shall  be  applied  to  the  improvement,  superintend- 
ence or  repair  of  the  remaining  portions  of  the  canals. 

[Section  6  of  article  VII  of  the  amended  constitution  of  1846,  amended.] 

§  9.  No  tolls  shall  hereafter  be  imposed  on  persons  or  property 
transported  on  the  canals,  but  all  boats  navigating  the  canals,  and 
the  owners  and  masters  thereof,  shall  be  subject  to  such  laws  ,and 
regulations  as  have  been  or  may  hereafter  be  enacted  concerning  the 
navigation  of  the  canals.  The  Legislature  shall  annually,  by  equi- 
table taxes,  make  provision  for  the  expenses  of  the  superintendence 
and  repairs  of  the  canals.  All  contracts  for  work  or  materials  on 
the  canals  shall  be  made  with  the  persons  who  shall  offer  to  do  or  pro- 
vide the  same  at  the  lowest  price,  with  adequate  security  for  their 
loerformance.  No  extra  compensation  shall  be  made  to  any  con- 
tractor ;  but,  if,  from  any  unforeseen  cause,  the  terms  of  any  contract 


I 


New  York— 1894  2725 

shall  prove  to  be  unjust  and  oppressive,  the  canal  board  may,  upon 
the  application  of  the  contractor,  cancel  such  contract. 

[Section  2  of  article  VII  of  the  amended  constitution  of  1846,  amended  by 
strilving  out  certain  obsolete  provisions  relating  to  the  "  canal  debt  sinking 
fund."] 

§10.  The  canals  may  be  improved  in  such  manner  as  the  Legis- 
lature shall  provide  by  law.  A  debt  may  be  authorized  for  that  pur- 
pose in  the  mode  prescribed  by  section  four  of  this  article,  or  the  cost 
of  such  improvement  may  be  defrayed  by  the  appropriation  of  funds 
from  the  state  treasury,  or  by  equitable  annual  tax. 

[New.] 

Section  11.  The  legislature  may  appropriate  out  of  any  funds  in 
the  treasury,  moneys  to  pay  the  accruing  interest  and  principal  of 
any  debt  heretofore  or  hereafter  created,  or  any  part  thereof  and 
may  set  apart  in  each  fiscal  year,  moneys  in  the  state  treasury  as  a 
sinking  fund  to  pay  the  interest  as  it  falls  due  and  to  paf^  and  dis- 
charge the  principal  of  any  debt  heretofore  or  hereafter  created  under 
section  four  of  article  seven  of  the  constitution  until  the  same  shall 
be  wholly  paid,  and  the  principal  and  income  of  such  sinking  fund 
shall  be  applied  to  the  purpose  for  which  said  sinking  fund  is  created 
and  to  no  other  purpose  whatever ;  and,  in  the  event  such  moneys  so 
set  apart  in  any  fiscal  year  be  sufficient  to  provide  such  sinking  fund, 
a  direct  anual  tax  for  such  year  need  not  be  imposed  and  collected, 
as  required  by  the  provisions  of  said  section  four  of  article  seven,  or 
of  any  law  enacted  in  pursuance  thereof.  [Adopted  by  vote  of 
People,  Nov.  7,  1905.] 

§  12.  A  debt  or  debts  of  the  state  may  be  authorized  by  law  for  the 
improvement  of  highways.  Such  highways  shall  be  determined 
under  general  laws,  which  shall  also  provide  for  tlie  equitable  appor- 
tionment thereof  among  the  counties.  The  aggregate  of  the  debts 
authorized  by  this  section  shall  not  at  any  one  time  exceed  the  sum  of 
fifty  millions  of  dollars.  The  payment  of  the  annual  interest  on 
such  debt  and  the  creation  of  a  sinking  fund  of  at  least  two  per 
centum  per  annum  to  discharge  the  principal  at  maturity  shall  be 
provided  by  general  laws  whose  force  and  effect  shall  not  be  dimin- 
ished during  the  existence  of  any  debt  created  thereunder.  The  leg- 
islature may  by  general  laws  require  the  county  or  town  or  both  to 
pay  to  the  sinking  fund  the  proportionate  part  of  the  cost  of  any 
such  highw^ay  within  the  boundaries  of  such  county  or  tow^n  and  the 
proportionate  part  of  the  interest  thereon,  but  no  county  shall  at  any 
time  for  any  highway  be  required  to  pay  more  than  thirty-five  hun- 
dredths of  the  cost  of  such  highway,  and  no  town  more  than  fifteen 
hundredths.  None  of  the  provisions  of  the  fourth  section  of  this 
article  shall  apply  to  debts  for  the  improvement  of  highways  hereby 
authorized.     [Adopted  by  vote  of  People.  Nov.  7,  1905.] 

Article  VIII 

Section  1.  Corporations  may  be  formed  under  general  laws;  but 
shall  not  be  created  by  special  act,  except  for  municipal  purposes,  and 
in  cases  where,  in  the  judgment  of  the  Legislature,  the  objects  of  the 
corporation  cannot  be  attained  under  general  laws.    All  general 


2726  New  York— 1894 

laws  and  special  acts  passed  pursuant  to  this  section  may  be  altered 
from  time  to  time  or  repealed. 
[Section  1  of  article  YIII  of  the  amended  constitution  of  1846,  without  change.] 

§  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liability  of  the  corporators  and  other  means  as  may  be  prescribed  by 
law. 

[Section  2  of  article  VIII  of  the  amended  constitution  of  184G,  without  change.] 

§  3.  The  term  corporation  as  used  in  this  section  shall  be  construed 
to  include  all  associations  and  joint-stock  companies  having  any  of 
the  powers  or  privileges  of  corporations  not  possessed  by  individuals 
or  partnerships.  And  all  corporations  shall  have  the  right  to  sue 
and  shall  be  subject  to  be  sued  in  all  courts  in  like  cases  as  natural 
persons. 

[Section  3  of  article  VIII  of  the  amended  constitution  of  1846,  without  change.] 

§  4.  THfe  Legislature  shall,  by  general  law,  conform  all  charters  of 
savings  banks,  or  institutions  for  savings,  to  a  uniformity  of  power, 
rights  and  liabilities,  and  all  charters  hereafter  granted  for  such 
corporations  shall  be  made  to  conform  to  such  general  law,  and  to 
such  amendments  as  may  be  made  thereto.  And  no  such  corporation 
shall  have  any  capital  stock,  nor  shall  the  trustees  thereof,  or  any  of 
them,  have  any  interest  whatever,  direct  or  indirect,  in  the  profits 
of  such  corporation ;  and  no  director  or  trustee  of  any  such  bank  or 
institution  shall  be  interested  in  any  loan  or  use  of  any  money  or 
property  of  such  bank  or  institution  for  savings.  The  Legislature 
shall  have  no  power  to  pass  any  act  granting  any  special  charter  for 
banking  purposes;  but  corporations  or  associations  may  be  formed 
for  such  purposes  under  general  laws. 

[Section  4  of  article  VIII  of  the  amended  constitution  of  1846,  without  change.] 

§  5.  The  Legislature  shall  have  no  power  to  pass  any  law  sanction- 
ing in  any  manner,  directly  or  indirectly,  the  suspension  of  specie 
payments,  by  any  person,  association  or  corporation,  issuing  bank 
notes  of  any  description. 

[Section  5  of  article  VIII  of  the  amended  constitution  of  1846,  without  change.] 

§  6.  The  Legislature  shall  provide  by  law^  for  the  registry  of  all  bills 
or  notes,  issued  or  put  in  circulation  as  money,  and  shall  require 
ample  security  for  the  redemption  of  the  same  in  specie. 

[Section  7  of  article  VIII  of  the  amended  constitution  of  1846,  without  change.] 

§  7.  The  stockholders  of  every  corporation  and  joint-stock  asso- 
ciation for  banking  purposes,  shall  be  individually  responsible  to 
the  amount  of  their  respective  share  or  shares  of  stock  in  any  such 
corporation  or  association,  for  all  its  debts  and  liabilities  of  ever}^ 
kind. 

[Section  7  of  article  VIII  of  the  amended  constitution  of  1846,  amended.] 
(See  Barnes  v.  Arnold,  23  Misc.  Rep.  197.)      (1898.) 

§  8.  In  case  of  the  insolvency  of  any  bank  or  banking  association, 
the  billholders  thereof  shall  be  entitled  to  preference  in  payment, 
overall  other  creditors  of  such  bank  or  association. 

[Section  8  of  article  VIII  of  the  amended  constitution  of  1846,  without  change.] 


I 


New  York— 1894  2727 

§  9.  Neither  the  credit  nor  the  money  of  the  State  shall  be  given 
or  loaned  to  or  in  aid  of  any  association,  corporation  or  private 
undertaking.  This  section  shall  not,  however,  prevent  the  Legisla- 
ture from  making  such  provision  for  the  education  and  support  of  the 
blind,  the  deaf  and  dumb,  and  juvenile  delinquents,  as  to  it  may  seem 
proper.  Nor  shall  it  apply  to  any  fund  or  property  now  held,  or 
which  may  hereafter  be  held,  by  the  State  for  educational  purposes. 

[Section  10  of  article  VIII  of  the  amended  constitution  of  1846,  without 
change.] 

§  10.  No  county,  city,  town  or  village  shall  hereafter  give  any 
money  or  property,  or  loan  its  money  or  credit  to  or  in  aid  of  any 
individual,  association  or  corporation,  or  become  directly  or  indirectly 
the  owner  of  stock  in,  or  bonds  of,  any  association  or  corporation;  nor 
shall  any  such  county,  city,  town  or  village  be  allowed  to  incur  any 
indebtedness  except  for  county,  city  or  town  or  village  purposes.  This 
section  shall  not  prevent  such  county,  city,  town  or  village  from 
making  such  provision  for  the  aid  or  support  of  its  poor  as  may  be 
authorized  by  law.  No  county  or  city  shall  be  allowed  to  become 
indebted  for  any  purpose  or  m  any  manner  to  an  amount  which, 
including  existing  indebtedness,  shall  exceed  ten  per  centum  of  the 
assessed  valuation  of  the  real  estate  of  such  county  or  city  subject  to 
taxation,  as  it  appeared  by  the  assessment  rolls  of  said  county  or 
city  on  the  last  assessment  for  state  or  county  taxes  prior  to  the  incur- 
ring of  such  indebtedness;  and  all  indebtedness  in  excess  of  such 
limitation,  except  such  as  now  may  exist,  shall  be  absolutely  void, 
except  as  herein  otherwise  provided.  No  county  or  city  whose  pres- 
ent indebtedness  exceeds  ten  per  centum  of  the  assessed  valuation  of 
its  real  estate  subject  to  taxation,  shall  be  allowed  to  become  indebted 
in  any  further  amount  until  such  indebtedness  shall  be  reduced  within 
such  limit.  This  section  shall  not  be  construed  to  prevent  the  issuing  of 
certificates  of  indebtedness  or  revenue  bonds  issued  in  anticipation  of 
the  collection  of  taxes  for  amounts  actually  contained,  or  to  be  con- 
tained in  the  taxes  for  the  year  when  such  certificates  or  revenue 
bonds  are  issued  and  payable  out  of  such  taxes.  Nor  shall  this  sec- 
tion be  construed  to  prevent  the  issue  of  bonds  to  provide  for  the 
supply  of  water;  but  the  term  of  the  bonds  issued  to  provide  the 
supply  of  water  shall  not  exceed  twenty  years,  and  a  sinking  fund 
shall  be  created  on  the  issuing  of  the  said  bonds  for  their  redemption, 
by  raising  annually  a  sum  which  Avill  produce  an  amount  equal  to  the 
sum  of  the  principal  and  interest  of  said  bonds  at  their  maturity. 
All  certificates  of  indebtedness  or  revenue  bonds  issued  in  anticipa- 
tion of  the  collection  of  taxes,  which  are  not  retired  within  five  years 
after  their  date  of  issue,  and  bonds  issued  to  provide  for  the  supply 
of  water,  and  any  debt  hereafter  incurred  by  any  portion  or  part  of 
a  city,  if  there  shall  be  any  such  debt,  shall  be  included  in  ascertaining 
the  power  of  the  city  to  become  otherwise  indebted ;  except  that  debts 
incurred  by  the  city  of  New  York  after  the  first  day  of  January, 
nineteen  hundred  and  four,  to  provide  for  the  supply  of  w^ater  shall 
not  be  so  included.  Whenever  the  boundaries  of  any  city  are  the 
same  as  those  of  a  county,  or  when  any  city  shall  include  within  its 
boundaries  more  than  one  county,  the  power  of  any  county  w^holly 
included  within  such  city  to  become  indebted  shall  cease,^  but  the 


2728  New  York— 1894 

debt  of  the  county,  heretofore  existing,  shall  not,  for  the  purposes  of 
this  section,  be  reckoned  as  a  part  of  the  city  debt.  The  amount  here- 
after to  be  raised  by  tax  for  county  or  city  purposes,  in  any  county 
containing  a  city  of  over  one  hundred  thousand  inhabitants,  or  any 
such  city  of  this  State,  in  addition  to  providing  for  the  principal 
and  interest  of  existing  debt,  shall  not  in  the  aggregate  exceed  in  any 
one  year  two  per  centum  of  the  assessed  valuation  of  the  real  and  per- 
sonal estate  of  such  county  or  city,  to  be  ascertained  as  j)rescribed 
in  this  section  in  respect  to  county  or  city  debt.  [Amended  bv  vote 
of  People,  Nov.  7,  1905.] 

[Section  11  of  article  VIII  of  the  amended  constitution  of  1846,  with  the 
following  changes:  (1)  Extending  the  limitation  of  indebtedness  to  all  cities 
and  counties;  (2)  providing  that  cen'tificates  or  bonds  issued  in  anticipation  of 
the  collection  of  taxes,  not  retired  within  five  years,  water  bonds,  and  debts 
incurred  by  a  part  of  a  city  shall  be  included  in  ascertaining  the  power  to  con- 
tract further  indebtedness;  and  (8)  providing  that  the  power  of  a  county  to 
contract  a  debt  shall  cease  when  the  boundaries  of  the  county  and  city  shall 
become  co-terminus.] 

[Section  11  of  article  VIII  of  the  amended  constitution  of  1846,  amended.] 

§  11.  The  Legislature  shall  provide  for  a  state  board  of  charities, 
which  shall  visit  and  inspect  all  institutions,  whether  state,  county, 
municipal,  incorporated  or  not  incorporated,  which  are  of  a  chari- 
table, eleemosynary,  correctional  or  reformatory  character,  except- 
ing only  such  institutions  as  are  hereby  made  subject  to  the  visita- 
tion of  either  of  the  commissions  hereinafter  mentioned,  but  includ- 
ing all  reformatories  except  those  in  which  adult  males  convicted 
of  felony  shall  be  confined ;  a  state  commission  in  lunacy  which  shall 
visit  and  inspect  all  institutions,  either  public  or  private,  used  for  the 
care  and  treatment  of  the  insane  (not  including  institutions  for  epi- 
leptics or  idiots)  ;  a  state  commission  of  prisons  which  shall  visit  and 
inspect  all  institutions  used  for  the  detention  of  sane  adults  charged 
with  or  convicted  of  crime,  or  detained  as  witnesses  or  debtors. 

[New.] 

§  12.  The  members  of  the  said  board  and  of  the  said  commissions 
shall  be  appointed  by  the  Governor,  by  and  with  the  advice  and 
consent  of  the  Senate;  and  any  member  may  be  removed  from  office 
by  the  Governor  for  cause,  an  opportunity  having  been  given  him  to 
be  heard  in  his  defense. 

[New.] 

§  13.  Existing  laws  relating  to  institutions  referred  to  in  the  fore- 
going sections  and  to  their  supervision  and  inspection,  in  so  far  as 
such  laws  are  not  inconsistent  with  the  provisions  of  the  Constitution, 
shall  remain  in  force  until  amended  or  repealed  by  the  Legislature. 
The  visitation  and  inspection  herein  provided  for  shall  not  be  exclu- 
sive of  other  visitation  and  inspection  now  authorized  by  law. 

[New.] 

§  14.  Nothing  in  this  Constitution  contained  shall  prevent  the 
Legislature  from  making  such  jDrovision  and  support  of  the  blind, 
the  deaf  and  dumb,  and  juvenile  delinquents,  as  to  it  may  seem 
proper;  or  prevent  any  county,  city,  town  or  village  from  providing 
for  the  care,  support,  maintenance  and  secular  education  of  inmates 
of  orphan  asylums,  homes  for  dependent  children  or  correctional 
institutions,  whether  under  public  or  private  control.    Payments  by 


I 

I 


New  York— 1894  2729 

counties,  cities,  towns  and  villages  to  charitable,  eleemosynary,  cor- 
rectional and  reformatory  institutions,  wholly  or  partly  under  pri- 
vate control,  for  care,  support  and  maintenance,  may  be  authorized, 
but  shall  not  be  required  by  the  Legislature.  No  such  payments  shall 
be  made  for  any  inmate  of  such  institutions  who  is  not  received  and 
retained  therein  pursuant  to  rules  established  by  the  state  board  of 
charities.  Such  rules  shall  be  subject  to  the  control  of  the  Legisla- 
ture by  general  laws. 
[New.] 

§15.  Commissioners  of  the  state  board  of  charities  and  commis- 
sioners of  the  state  commission  in  lunacy,  now  holding  office,  shall  be 
continued  in  office  for  the  term  for  which  they  were  appointed, 
respectively,  unless  the  legislature  shall  otherwise  provide.  The 
Legislature  may  confer  upon  the  commissions  and  upon  the  board 
mentioned  in  the  foregoing  sections  any  additional  powers  that  are 
not  inconsistent  with  other  provisions  of  the  Constitution. 

[New.] 

Article  IX 

Section  1.  The  Legislature  shall  provide  for  the  maintenance  and 
support  of  a  system  of  free  common  schools,  wherein  all  the  children 
of  this  State  may  be  educated. 

[New.] 

§  2.  The  corporation  created  in  the  year  one  thousand  seven  hun- 
dred and  eighty-four,  under  the  name  of  The  Regents  of  the  Uni- 
versity of  the  State  of  New  York,  is  hereby  continued  under  the 
name  of  The  University  of  the  State  of  New^  York.  It  shall  be 
governed  and  its  corporate  powers,  which  may  be  increased,  modified 
or  diminished  by  the  Legislature,  shall  be  exercised  by  not  less  than 
nine  regents. 

[New.] 

§  3.  The  capital  of  the  common  school  fund,  the  capital  of  the 
literature  fund,  and  the  capital  of  the  United  States  deposit  fund, 
shall  be  respectively  preserved  inviolate.  The  revenue  of  the  said 
common  school  fund  shall  be  applied  to  the  support  of  the  common 
schools;  the  revenue  of  the  literature  fund  shall  be  applied  to  the 
support  of  academies;  and  the  sum  of  twenty-five  thousand  dollars 
of  the  revenues  of  the  United  States  deposit  fund  shall  each  year  be 
appropriated  to  and  made  part  of  the  capital  of  the  said  common 
school  fund. 

[Section  1  of  article  IX  of  the  amended  constitntion  of  1846,  without  change.] 

§  4.  Neither  the  State  nor  any  subdivision  thereof,  shall  use  its 
property  or  credit  or  any  public  money,  or  authorize  or  permit  either 
to  be  used,  directly  or  indirectly,  in  aid  or  maintenance,  other  than 
for  examination  or  inspection,  of  any  school  or  institution  of  learn- 
ing Avholly  or  in  part  under  the  control  or  direction  of  any  religious 
denomination,  or  in  which  any  denominational  tenet  or  doctrine  is 
taught. 

[New.] 


2730  New  York— 1894 


Article  X 

Section  1.  Sheriffs,  clerks  of  counties,  district  attorneys  and  regis- 
ters in  counties  having  registers,  shall  be  chosen  by  the  electors  of  the 
respective  counties,  once  in  every  three  years  and  as  often  as  vacancies 
shall  happen,  except  in  the  counties  of  New  York  and  Kings,  and  in 
counties  whose  boundaries  are  the  same  as  those  of  a  city,  where  such 
officers  shall  be  chosen  by  the  electors  once  in  every  two  or  four  years 
as  the  Legislature  shall  direct.  Sheriffs  shall  hold  no  other  office  and 
be  ineligible  for  the  next  term  after  the  termination  of  their  offices. 
They  may  be  required  by  law  to  renew  their  security,  from  time  to 
time;  and  in  default  of  giving  such  new  security,  their  offices  shall 
be  deemed  vacant.  But  the  county  shall  never  be  made  responsible 
for  the  acts  of  the  sheriff'.  The  Governor  may  remove  any  officer, 
in  this  section  mentioned,  within  the  term  for  which  he  shall  have 
been  elected ;  giving  to  such  officer  a  copy  of  the  charges  against  him, 
and  an  opportunity  of  being  heard  in  his  defense. 

L  Section  1  of  article  X  of  the  amended  constitution  of  1846,  amended.  The 
reference  to  "coroners"  is  omitted;  therefore,  that  office  ceases  to  be  a  consti- 
tutional one  and  may  be  abolished  by  the  legislature.  The  provision  that  in 
counties  whose  boundaries  are  the  same  as  cities,  these  officers  shall  be  elected 
for  two  or  four  years  as  the  legislature  shall  direct,  is  new.] 

§  2.  All  county  officers  whose  election  or  appointment  is  not  pro- 
vided for  by  this  Constitution,  shall  be  elected  by  the  electors  of  the 
respective  counties  or  appointed  by  the  boards  of  supervisors,  or  other 
county  authorities,  as  the  Legislature  shall  direct.  All  city,  town  and 
village  officers,  whose  election  or  appointment  is  not  provided  for  by 
this  Constitution,  shall  be  elected  by  the  electors  of  such  cities,  towns 
and  villages,  or  of  some  division  thereof,  or  appointed  by  such  author- 
ities thereof,  as  the  Legislature  shall  designate  for  that  purpose.  All 
other  officers,  whose  election  or  appointment  is  not  provided  for  by 
this  Constitution,  and  all  officers,  whose  offices  may  hereafter  be  cre- 
ated by  law,  shall  be  elected  by  the  people,  or  appointed,  as  the 
Legislature  may  direct. 

[Section  2  of  article  X  of  the  amended  constitution  of  1840,  without  change.] 

§  3.  When  the  duration  of  any  office  is  not  provided  by  this  Con- 
stitution it  may  be  declared  by  law,  and  if  not  so  declared,  such  office 
shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment. 

[Section  3  of  article  X  of  the  amended  constitution  of  184C,  without  change.] 

§  4.  The  time  of  electing  all  officers  named  in  this  article  shall  be 
prescribed  by  law. 

[Section  4  of  article  X  of  the  amended  constitution  of  1846,  without  change.] 

§  5.  The  Legislature  shall  provide  for  filling  vacancies  in  office, 
and  in  case  of  elective  officers,  no  person  appointed  to  fill  a  vacancy 
shall  hold  his  office  by  virtue  of  such  appointment  longer  than  the 
commencement  of  the  political  year  next  succeeding  the  first  annual 
election  after  the  happening  of  the  vacancy. 

[Section  5  of  article  X  of  the  amended  constitution  of  1846,  without  change.] 


New  York— 1894  2731 

§  6.  The  political  year  and  legislative  term  shall  begin  on  the  first 
day  of  January;  and  the  Legislature  shall,  every  year,  assemble  on 
the  first  Wednesday  in  January. 

[Section  6  of  article  X  of  the  amended  constitution  of  1846,  amended.  The 
time  of  the  assembling  of  the  legislature  is  changed  and  made  absolute.] 

§  7.  Provision  shall  be  made  by  law  for  the  removal  for  miscon- 
duct or  malversation  in  office  of  all  officers,  except  judicial,  whose 
powers  and  duties  are  not  local  or  legislative  and  who  shall  be  elected 
at  general  elections,  and  also  for  supplying  vacancies  created  by  such 
removal. 

[Section  7  of  article  X  of  the  amended  constitution  of  1846,  without  change.] 

§  8.  The  Legislature  may  declare  the  cases  in  which  any  office  shall 
be  deemed  vacant  when  no  provision  is  made  for  that  purpose  in  this 
constitution. 

[Section  8  of  article  X  of  the  amended  constitution  of  1846,  without  change.] 

§  9.  No  officer  whose  salary  is  fixed  by  the  Constitution  shall  receive 
any  additional  compensation.  Each  of  the  other  state  officers  named 
in  the  Constitution  shall,  during  his  continuance  in  office,  receive  a 
compensation,  to  be  fixed  by  law,  which  shall  not  be  increased  or 
diminished  during  the  term  for  which  he  shall  have  been  elected  or 
appointed ;  nor  shall  he  receive  to  his  use  any  fees  or  perquisites  of 
office  as  other  compensation. 

[Section  0  of  article  X  of  the  amended  constitution  of  1846,  without  change.] 

Article  XI 

Section  1.  All  able-bodied  male  citizens  between  the  ages  of 
eighteen  and  forty-five  years,  who  are  residents  of  the  State,  shall 
constitute  the  militia,  subject,  however,  to  such  exemptions  as  are 
now,  or  may  be  hereafter  created  by  the  laws  of  the  United  States, 
or  by  the  Legislature  of  this  State. 

[Section  1  of  article  XI  of  the  amended  constitution  of  1846,  amended.] 

§  2.  The  Legislature  may  provide  for  the  enlistment  into  the  active 
force  of  such  other  persons  as  may  make  application  to  be  so  enlisted. 

[This  provision  is  not  contained  in  the  amended  constitution  of  1846,  although 
this  power  was  impliedly  granted  therein.] 

§  3.  The  militia  shall  be  organized  and  divided  into  such  land  and 
naval,  and  active  and  reserve  forces  as  the  Legislature  may  deem 
proper,  provided  however  that  there  shall  be  maintained  at  all  times 
a  force  of  not  less  than  ten  thousand  enlisted  men,  fully  uniformed, 
armed,  equipped,  disciplined  and  ready  for  active  service.  And  it 
shall  be  the  duty  of  the  Legislature  at  each  session  to  make  sufficient 
appropriation  for  the  maintenance  thereof. 

[New  in  terms.] 

§  4.  The  Governor  shall  appoint  the  chiefs  of  the  several  staff 
departments,  his  aides-de-camp  and  military  secretary,  all  of  whom 
shall  hold  office  during  his  pleasure,  their  commissions  to  expire  with 
the  term  for  which  the-  Governor  shall  have  been  elected ;   he  shall 


2732  New  York—ISH 

also  nominate,  and  with  the  consent  of  the  Senate  appoint,  all  major- 
generals. 

[The  siibstjince  of  this  section  is  contained  in  section  3  of  article  XI  of  the 
amended  constitution  of  1846,     A  portion  of  such  section  is  omitted.] 

§  5.  All  other  commissioned  and  noncommissioned  officers  shall 
be  chosen  or  appointed  in  such  manner  as  the  Legislature  may  deem 
most  conducive  to  the  improvement  of  the  militia,  provided,  how- 
ever, that  no  law  shall  be  passed  changing  the  existing  mode  of  elec- 
tion and  appointment  unless  two-thirds  of  the  members  present  in 
each  house  shall  concur  therein. 

[This  section  is  a  substitute  for  sections  4  and  G  of  article  XI  of  the  amended 
constitution  of  1846.] 

§  6.  The  commissioned  officers  shall  be  commissioned  by  the  Gov- 
ernor as  commander-in-chief.  No  commissioned  officer  shall  be  re- 
moved from  office  during  the  term  for  which  he  shall  have  been 
appointed  or  elected,  unless  by  the  Senate  on  the  recommendation 
of  the  Governor,  stating  the  grounds  on  which  such  removal  is  recom- 
mended, or  by  the  sentence  of  a  court-martial,  or  upon  the  findings 
of  an  exainining  board  organized  pursuant  to  law,  or  for  absence 
without  leave  for  a  period  of  six  months  or  more. 

[Section  5  of  article  XI  of  the  amended  constitution  of  1846,  amended.  The 
principal  change  is  the  removal  of  commissioned  officers  upon  the  findings  of  an 
examining  board  or  for  absence  without  leave.] 

Article  XII 

Section  1.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the 
organization  of  cities  and  incorporated  villages,  and  to  restrict  their 
power  of  taxation,  assessment,  borrowing  money,  contracting  debts, 
and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessments  and 
in  contracting  debt  by  such  municipal  corporations ;  and  the  legisla- 
ture may  regulate  and  fix  the  wages  or  salaries,  the  hours  of  work  or 
labor,  and  make  provision  for  the  protection,  welfare  and  safety  of 
persons  employed  by  the  state  or  by  any  county,  city,  town,  village 
or  other  civil  division  of  the  state,  or  by  any  contractor  or  subcon- 
tractor performing  work,  labor  or  services  for  the  state,  or  for  any 
county,  city,  town,  village  or  other  civil  divisions  thereof.  [Amended 
by  vote  of  People,  Nov.  7, 1905.] 

[Section  9  of  article  VIII  of  the  amended  constitution  of  1846,  without 
change.] 

§  2.  All  cities  are  classified  according  to  the  latest  state  enumera- 
tion, as  from  time  to  time  made,  as  follows:  The  first  class  includes 
all  cities  having  a  population  of  two  hundred  and  fifty  thousand,  or 
more;  the  second  class,  all  cities  having  a  population  of  fifty  thou- 
sand and  less  than  two  hundred  and  fifty  thousand ;  the  third  class, 
all  other  cities.  Laws  relating  to  the  property,  affairs  of  government 
of  cities,  and  the  several  departments  thereof,  are  divided  into  general 
and  special  city  laws ;  general  city  laws  are  those  which  relate  to  all 
the  cities  of  one  or  more  classes;  special  city  laws  are  those  which 
relate  to  a  single  city,  or  to  less  than  all  the  cities  of  a  class.  Special 
city  laws  shall  not  Be  passed  except  in  conformity  with  the  provisions 
of  this  section.  After  any  bill  for  a  special  city  law,  relating  to  a  city, 
has  been  passed  by  both  branches  of  the  Legislature,  the  house  in 
which   it   originated   shall   immediately   transmit   a   certified   copy 


New  York—lS94  2733 

thereof  to  the  mayor  of  such  city,  and  within  fifteen  days  thereafter 
the  mayor  shall  return  such  bill  to  the  house  from  which  it  was  sent, 
or  if  the  session  of  the  Legislature  at  which  such  bill  was  passed 
has  terminated,  to  the  Governor,  with  the  mayor's  certificate  thereon, 
stating  whether  the  city  has  or  has  not  accepted  the  same.  In  every 
city  of  the  first  class,  the  mayor,  and  in  every  other  city,  the  mayor 
and  the  legislative  body  thereof  concurrently,  shall  act  for  such  city 
as  to  such  bill;  but  the  Legislature  may  provide  for  the  concurrence 
of  the  legislative  body  in  cities  of  the  first  class.  The  Legislature 
shall  provide  for  a  public  notice  and  opportunity  for  a  public  hear- 
ing concerning  any  such  bill  in  every  city  to  which  it  relates,  before 
action  thereon.  Such  a  bill,  if  it  relates  to  more  than  one  city,  shall 
be  transmitted  to  the  mayor  of  each  city  to  which  it  relates,  and  shall 
not  be  deemed  accepted  unless  accepted  as  herein  provided,  by  every 
such  city.  Whenever  any  such  bill  is  accepted  as  herein  provided,  it 
shall  be  subject  as  are  other  bills,  to  the  action  of  the  Governor. 
Whenever,  during  the  session  at  which  it  was  passed,  any  such  bill  is 
returned  without  the  acceptance  of  the  city  or  cities  to  wdiich  it 
relates,  or  within  such  fifteen  days  is  not  returned,  it  may  neverthe- 
less again  be  passed  by  both  branches  of  the  legislature,  and  it  shall 
then  be  subject  as  are  other  bills,  to  the  action  of  the  Governor.  In 
every  special  city  law  which  has  been  accepted  by  the  city  or  cities 
to  which  it  relates,  the  title  shall  be  followed  by  the  words  "  accepted 
by  the  city,"  or  "  cities,"  as  the  case,  may  be ;  in  every  such  law  which 
is  passed  without  such  acceptance,  by  the  words  "  passed  without  the 
acceptance  of  the  city,"  or  "  cities,"  as  the  case  may  be. 
[New.] 

§  3.  All  elections  of  city  officers,  including  supervisors  and  judicial 
officers  of  inferior  local  courts,  elected  in  any  city  or  part  of  a  city, 
and  of  county  officers  elected  in  the  counties  of  New  York  and  Kings, 
and  in  all  counties  whose  boundaries  are  the  same  as  those  of  a  city, 
except  to  fill  vacancies,  shall  be  held  on  the  Tuesday  succeeding  the 
first  Monday  in  November  in  an  odd-numbered  year,  and  the  term  of 
every  such  officer  shall  expire  at  the  end  of  an  odd-numbered  year. 
The  terms  of  office  of  all  such  officers  elected  before  the  first  day  of 
January,  one  thousand  eight  hundred  and  ninety-five,  whose  succes- 
sors have  not  then  been  elected,  which  under  existing  laws  would 
expire  with  an  even-numbered  year,  or  in  an  odd-numbered  year  and 
beiore  the  end  thereof,  are  extended  to  and  including  the  last  day  of 
December  next  following  the  time  when  such  terms  would  otherwise 
-expire;  the  terms  of  office  of  all  such  officers,  which  under  existing 
laws  would  expire  in  an  even-numbered  year,  and  before  the  end 
thereof,  are  abridged  so  as  to  expire  at  the  end  of  the  preceding  year. 
This  section  shall  not  apply  to  any  city  of  the  third  class,  or  to  elec- 
^tions,  of  any  judicial  officer,  except  judges  and  justices  of  inferior 
"  )cal  courts. 

[New.] 

Article  XIII 

Section  1.  Members  of  the  Legislature,  and  all-  officers  executive 
[and  judicial,  except  such  inferior  officers  as  shall  be  by  law  exempted 
[shall,  before  they  enter  on  the  duties  of  their  respective  offices,  take 
■and  subscribe  the  following  oath  or  affirmation :  "  I  do  solemnly 


2734  New  York— 1894 

swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  New  York,  and  that  I 

will  faithfully  discharge  the  duties  of  the  office  of ,  according 

to  the  best  of  my  ability ;  "  and  all  such  officers  who  shall  have  been . 
chosen  at  any  election  shall,  before  they  enter  on  the  duties  of  their 
respective  offices,  take  and  subscribe  the  oath  or  affirmation  above 
prescribed,  together  with  the  following  addition  thereto,  as  part 
thereof : 

"And  I  do  further  solemnly  swear  (or  affirm)  that  I  have  not 
directly  or  indirectly  paid,  offered  or  promised  to  pay,  contributed, 
or  offered  or  promised  to  contribute  any  money,  or  other  valuable 
thing  as  a  consideration  or  reward  for  the  giving  or  withholding  a 
vote  at  the  election  at  which  I  was  elected  to  said  office,  and  have  not 
made  any  promise  to  influence  the  giving  or  withholding  any  such 
vote,"  and  no  other  oath,  declaration  or  test  shall  be  required  as  a 
qualification  for  any  office  of  public  trust. 

[Section  1  of  article  XII  of  the  amended  constitution  of  1846,  without  change.] 

§  2.  Any  person  holding  office  under  the  laws  of  this  State  who, 
except  in  payment  of  his  legal  salary,  fees  or  perquisites,  shall  receive 
or  consent  to  receive,  directly  or  indirectly,  anything  of  value  or  of 
personal  advantage,  or  the  promise  thereof,  for  performing  or  omit- 
ting to  perform  any  official  act,  or  with  the  express  or  implied  under- 
standing that  his  official  action  or  omission  to  act  is  to  be  in  any 
degree  influenced  thereby,  shall  be  deemed  guilty  of  a  felony.  This 
section  shall  not  affect  the  validity  of  any  existing  statute  in  relation 
to  the  offense  of  bribery. 

[Section  1  of  article  XY  of  the  amended  constitution  of  1846,  without  change.] 

§  3.  Any  person  w^ho  shall  offer  or  promise  a  bribe  to  an  officer,  if 
it  shall  be  received,  shall  be  deemed  guilty  of  a  felony  and  liable  to 
punishment,  except  as  herein  provided.  No  person  offering  a  bribe 
shall,  upon  any  prosecution  of  the  officer  for  receiving  such  bribe,  be 
privileged  from  testifying  in  relation  thereto,  and  he  shall  not  be 
liable  to  civil  or  criminal  prosecution  therefor,  if  he  shall  testify  to 
the  giving  or  offering  of  such  bribe.  Any  person  who  shall  offer  or 
promise  a  bribe,  if  it  be  rejected  by  the  officer  to  whom  it  was  ten- 
dered, shall  be  deemed  guilty  of  an  attempt  to  bribe,  which  is  hereby 
declared  to  be  a  felony. 

[Section  2  of  article  XV  of  the  amended  constitution  of  1846,  without  change.] 

§  4.  Any  person  charged  w^ith  receiving  a  bribe,  or  with  offering  or 
promising  a  bribe,  shall  be  permitted  to  testify  in  his  OAvn  behalf  in 
any  civil  or  criminal  prosecution  therefor. 

[Section  3  of  article  XV  of  the  amended  constitution  of  1846,  without  change.] 

§  5.  No  public  officer,  or  person  elected  or  appointed  to  a  public 
office,  under  the  laws  of  this  State,  shall  directly  or  indirectly  ask, 
demand,  accept,  receive  or  consent  to  receive  for  his  own  use  or 
benefit,  or  for  the  use  or  benefit  of  another,  any  free  pass,  free  trans- 
portation, franking  privilege  or  discrimination  in  passenger,  tele- 
graph or  telephone  rates,  from  any  person  or  corporation,  or  make 
use  -of  the  same  himself  or  in  conjunction  with  another.  A  person 
who  violates  any  provision  of  this  section,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  forfeit  his  office  at  the  suit  of  the  Attorney- 
General.     Any  corporation,  or  officer  or  agent  thereof,  who  shall  offer 


New  York— 1894  2735 

or  promise  to  a  public  officer,  or  person  elected  or  appointed  to  a 
]:)iiblic  office,  any  such  free  pass,  free  transportation,  franking  privi- 
lege or  discrimination  shall  also  be  deemed  guilty  of  a  misdemeanor 
and  liable  to  punishment  except  as  herein  provided.  No  person,  or 
officer  or  agent  of  a  cori:)oration,  giving  any  such  free  pass,  free  trans- 
portation, franking  privilege  or  discrimination  hereby  prohibited, 
shall  be  privileged  from  testifying  in  relation  thereto,  and  he  shall 
not  be  liable  to  civil  or  criminal  prosecution  therefor  if  he  shall 
testify  to  the  giving  of  the  same. 
[New.] 

§  6.  Any  district  attorney  who  shall  fail  faithfully  to  prosecute  a 
person  charged  with  the  violation  in  his  county  of  any  provision  of 
this  article  which  may  come  to  his  knowledge,  shall  be  removed  from 
office  by  the  Governor,  after  due  notice  and  an  opportunity  of  being 
heard  in  his  defense.  The  expenses  which  shall  be  incurred  by  any 
county,  in  investigating  and  prosecuting  any  charge  of  bribery  or 
attempting  to  bribe  any  person  holding  office  under  the  laws  of  this 
State  within  such  county,  or  of  receiving  bribes  by  any  such  person  in 
said  county,  shall  be  a  charge  against  the  State,  and  their  payment 
b}^  the  State  shall  be  provided  for  by  law. 

[Section  4  of  article  XV  of  the  amended  constitution  of  184G,  without  change.] 

Article  XIV 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  and  Assembly ;  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the  two 
houses,  such  proposed  amendment  or  amendments  shall  be  entered  on 
their  journals,  and  the  yeas  and  nays  taken  thereon,  and  referred  to 
the  Legislature  to  be  chosen  at  the  next  general  election  of  senators, 
and  shall  be  published  for  three  months  previous  to  the  time  of  mak- 
ing such  choice;  and  if  in  the  Legislature  so  next  chosen,  as  afore- 
said, such  proposed  amendment  or  amendments  shall  be  agreed  to  by 
a  majority  of  all  the  members  elected  to  each  house,  then  it  shall  be 
the  duty  of  the  Legislature  to  submit  such  proposed  amendment  or 
amendments  to  the  people  for  approval  in  such  manner  and  at  such 
times  as  the  Legislature  shall  prescribe;  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments  by  a  majority 
of  the  electors  voting  thereon,  such  amendment  or  amendments  shall 
become  a  part  of  the  Constitution  from  and  after  the  first  day  of 
January  next  after  such  approval. 

[Section  1  of  article  XIII  of  the  amended  constitution  of  1846,  amended.] 

§  2.  At  the  general  election  to  be  held  in  the  year  one  thousand  nine 
hundred  and  sixteen,  and  every  twentieth  year  thereafter,  and  also  at 
such  times  as  the  Legislature  may  by  law  jjrovide,  the  question, 
"  Shall  there  be  a  convention  to  revise  the  Constitution  and  amend  the 
same  ?  "  shall  be  decided  by  the  electors  of  the  State ;  and  in  case  a 
majority  of  the  electors  voting  thereon  shall  decide  in  favor  of  a  con- 
vention for  such  purpose,  the  electors  of  every  senate  district  of  the 
State,  as  then  organised,  shall  elect  three  delegates  at  the  next  ensu- 
ing general  election  at  which  members  of  the  Assembly  shall  be 
chosen,  and  the  electors  of  the  State  voting  at  the  same  election  shall 
elect  fifteen  delegates-at-large.     The  delegates  so  elected  shall  con- 


2736  New  York— 1894 

vene  at  the  capitol  on  the  first  Tuesday  of  April  next  ensuing  after 
their  election,  and  shall  continue  their  session  until  the  business  of 
such  convention  shall  have  been  completed.  Every  delegate  shall 
receive  for  his  services  the  same  compensation  and  the  same  mileage 
as  shall  then  be  annually  payable  to  the  members  of  the  Assembly.  A 
majority  of  the  convention  shall  constitute  a  quorum  for  the  transac- 
tion of  business,  and  no  amendment  to  the  Constitution  shall  be  sub- 
mitted for  approval  to  the  electors  as  hereinafter  provided,  unless  by 
the  assent  of  a  majority  of  all  the  delegates  elected  to  the  convention, 
the  yeas  and  nays  being  entered  on  the  journal  to  be  kept.  The  con- 
vention shall  have  the  power  to  appoint  such  officers,  employes  and 
assistants  as  it  may  deem  necessary,  and  fix  their  compensation  and  to 
provide  for  the  printing  of  its  documents,  journal  and  proceedings. 
The  convention  shall  determine  the  rules  of  its  own  proceedings, 
choose  its  own  officers,  and  be  the  judge  of  the  election,  returns  and 
qualifications  of  its  members.  In  case  of  a  vacancy,  by  death,  resig- 
nation or  other  cause,  of  any  district  delegate  elected  to  the  conven- 
tion, such  vacancy  shall  be  filled  by  a  vote  of  the  remaining  delegates 
representing  the  district  in  which  such  vacancy  occurs.  If  such 
vacancy  occurs  in  the  office  of  a  delegate-at-large,  such  vacancy  shall 
be  filled  by  a  vote  of  the  remaining  delegates-at-large.  Any  proposed 
constitution  or  constitutional  amendment  which  shall  have  been 
adopted  by  such  convention,  shall  be  submitted  to  a  vote  of  the  elec- 
tors of  the  State  at  the  time  and  in  the  manner  provided  by  such  con- 
vention, at  an  election  which  shall  be  held  not  less  than  six  weeks 
after  the  adjournment  of  such  convention.  Upon  the  approval  of 
such  constitution  or  constitutional  amendments,  in  the  manner  pro- 
vided in  the  last  preceding  section,  such  constitution  or  constitutional 
amendment,  shall  go  into  effect  on  the  first  day  of  January  next  after 
such  approval. 

[The  part  of  this  section  relating  to  the  calling  of  future  conventions  is  sub- 
stantially the  same  as  section  2  of  article  XIII  of  the  amended  constitution  of 
1846.     The  remainder  of  the  section  is  new.] 

§  3.  Any  amendment  proposed  by  a  constitutional  convention  relat- 
ing to  the  same  subject  as  an  amendment  proposed  by  the  Legislature, 
coincidently  submitted  to  the  people  for  approval  at  the  general  elec- 
tion held  in  the  year  one  thousand  eight  hundred  and  ninety- four,  or 
at  any  subsequent  election,  shall,  if  approved,  be  deemed  to  supersede 
the  amendment  so  proposed  by  the  legislature. 

[New.] 

Article  XV 

Section  1.  This  Constitution  shall  be  in  force  from  and  including 
the  first  day  of  January,  one  thousand  eight  hundred  and  ninety-five, 
except  as  herein  otherwise  provided. 

Done  in  Convention  at  the  Capitol  in  the  city  of  Albany,  the 
twenty-ninth  day  of  September,  in  the  year  one  thousand  eight  hun- 
dred and  ninety-four,  and  of  the  Independence  of  the  United  States 
of  America  the  one  hundred  and  nineteenth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

Joseph  Hodges  Choate, 
President  and  Delegate-at-Large, 
Charles  Elliott  Fitch, 

Secretary, 


New  York— 1894  2737 

Schedule  Showing"  Sources  of  Sections  of  the  New  York  State  Constitution 

of  1894. 

Constitution  of  1894.  Constitution  of  1846,  amended. 

Art.         I,  §   1-. Art.  I,  §  1. 

I,  2 I,  2. 

I,  3 I,  3. 

I,  4 I,  4. 

I,  5 I,  5. 

I,  6 I,  6. 

I,  7 I,  7,  amended. 

I,  8 I,  8. 

I,  9 I,  10,  amended. 

1,  10 I,  11. 

I,  11 I,  12. 

I,  12 I,  13. 

I,  13 I,  14. 

I,  14 I,  15. 

I,  15 I,  16. 

I,     16 I,  17,  amended. 

I,  17 I,  18. 

I,  18 New. 

II,       1 '. Art.  II,  1,  amended. 

II,  2 II,  2,  amended  in  language. 

II,  3 II,  3,  amended. 

II,  4 II,  4,  amended. 

II,  5 II,  5,  amended. 

II,  6 New. 

Ill,  1 Art.  Ill,  1. 

Ill,  2 New.  Superseding  art.  Ill,  §  2. 

Ill,  3 New.  "  III,     3. 

Ill,  4 New.  "  III,     4. 

Ill,  5 New.  '*  III,    5. 

Ill,  6 Art.  Ill,  6. 

Ill,  7 Ill,  7. 

Ill,  8 Ill,  8. 

Ill,  9 Ill,  9. 

Ill,  10 Ill,  10,  amended. 

Ill,  11 Ill,  11. 

Ill,  12 Ill,  12. 

Ill,  13 Ill,  13. 

Ill,  14 Ill,  14. 

Ill,  15 Ill,  15,  amended. 

Ill,  16 Ill,  16. 

Ill,  17 Ill,  17. 

.  Ill,  18 Ill,  18,  amended  in  language. 

Ill,  19 Ill,  19. 

Ill,  20 I,  9. 

Ill,  21 VII,  8. 

Ill,  22 New. 

Ill,  23 Art.  III.  25. 

Ill,  24 Ill,  20. 

HI,  25 Ill,  21. 

Ill,  26 Ill,  22. 

Ill,  27 Ill,  23. 

Ill,  28 Ill,  24. 

III,  29 New. 

IV,  1 Art.  IV,  1,  amended. 

IV,  2 IV,  2. 

IV,  3 IV,  3. 

IV,  4 IV,  4. 

IV,  5 IV,  5. 

IV,  6 IV,  6. 

IV,  7 IV,  7,  amended. 

IV,  8 IV,  8. 

IV,  9 IV,  9. 

V,  1 V,  1,  amended. 


2738  ^       New  York— 1894 

Schedule  Showing"  Sources  of  Sections  of  the  New  York  State  Constitution 

of  1894— Continued. 

Constitution  of  1894.  Constitution  of  1846,  amended. 

Art.   V,  §  2 New. 

V,   3 Art.   V,  §  3,  amended  in  language. 

V,   4 V,   4,  amended  in  language. 

V,   5 Y,   5,  amended  in  language. 

V,   6 V,   6. 

V,   7 V,   7. 

V,  8 y,  8. 

V,   9 New. 

VI,       1 Partly  new,  superseding  art.  YI,  §  6. 

YI,       2 Mostly  new,  superseding  art.  YI,  §§  7  and  28. 

YI,       3... Art.     YI,  §  8,  amended. 

YI,       4 YI,  §  9,  amended. 

YI,       5 New.     Repealing  art.  YI,  §  12. 

YI,       6 New. 

YI,       7 Art.     YI,  §  2,  amended. 

YI,       8 YI,      3,  amended. 

YI,       9 New. 

YI,  10 Art.      YI,  §10. 

YI,  11 YI,     11,  amended. 

YI,  12 Partly  new,  superseding  art.  YI,  §§13  and  14. 

YI,  13 Art.     YI,  §  1. 

Yl,  14 YI,     15,  amended. 

YI,  15 Partly  new,  and  see  art.  YI,  §  15. 

YI,  16 Art.      YI,  §16,  amended. 

YI,  17 YI,     18,  amended. 

YI,  18 YI,     19,  amended. 

YI,  19 YI,     20,  amended. 

YI,  20 Partly  new,  superseding  art.  YI,  §  21. 

YI,  21 Art.     YI,  §23,  amended. 

YI,  22 YI,     25,  amended. 

YI,  '23 YI,     26. 

YII,       1 YII,       9. 

YII,       2 YII,     10. 

YII,      3 YII,     11. 

YII,       4 YII,     12,  amended  in  language. 

YII,       5 YII,     13. 

YII,       6 YII,     14,  amended. 

YII,       7 New. 

YII,       8 Art.    YII,       6,  amended. 

YII,       9 YII,       3,  amended. 

YII,  10 New. 

YIII,       1 Art.YIII,       1. 

YIII,       2 YIII,      2. 

YIII,       3 YIII,      3. 

VIII,       4 YIII,       4. 

YIII,       5 YIII,      5. 

YIII,       6 ,VIII,       6. 

YIII,       7 YIII,       7,  amended. 

YIII,       8 YIII,       8. 

YIII,       9 YIII,     10. 

VIII,  10 YIII,     11,  amended. 

YIII,  11-15 New. 

IX,       1 New. 

IX,       2 New. 

IX,       3 Art.     IX,       1. 

IX,       4 New. 

X,       1 Art.       X,       1,  amended. 

■       X,       2 X,      2. 

.     X,       3 X,       3. 

X,       4 X,      4. 

X,       5 X,      5. 

X,       6 X,      6,  amended. 

X,       7 X,      7. 


New  York— 1894 


2739 


Schedule  Showing  Sources  of  Sections  of  the  New  York  State  Constitution 

of  1894— Continued. 

Constitution  of  1894.  Constitution  of  1846,  amended. 

Art.        X,§    8 Art.       X,  §  8. 

X,       9 X,  9. 

XI,       1 XI,  1,  amended. 

XI,       2 XI,  2,  amended. 

XI,       3 XI,  3,  amended. 

XI,       4 XI,  4,  amended. 

XI,       5 XI,  5,  amended. 

XI,       6 XI,  6,  amended. 

XII,       1 .- VIII,  9. 

XII,       2 New. 

XII,       3 New. 

XIII,       1 Art.   XII,  1. 

XIII,       2 XV,  1. 

.     XIII,       3 XV,  2. 

XIII,       4 XV,  3. 

XIII,       5.... New. 

XIII,  6 Art.    XV,  4. 

XIV,  1 XIII,  1,  amended. 

XIV,       2 XIII,  2,  amended. 

XIV,       3 New. 

XV,       1 Art.  XIV,     13. 

Schedule  Showing  Disposition  of  Sections  of  the  New  York  State  Consti- 
tution of  1846,  Amended. 


Constitution  of  1846,  amended. 


Constitution  of  1894. 


Art. 


I,§ 

I, 

I, 

I, 
I, 
I, 


I, 
I, 
I, 
I, 
I, 
I, 
I, 
I, 

I, 
I, 
I, 
I, 

n, 

II, 

II, 

II, 

II, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 

III, 


1 Re-enacted  in  Art. 

2 

3 

4 

5 

6 


7 Amended  by 

8 Re-enacted  m 


10 Amended  by 

11 Re-enacted  in 

12 

13 

14 

15 

16 


17 Amended  by 

18 Re-enacted  in 


Amended  by 


1 

2 

3 

4 

5 

1 Re-enacted  in 

2 Superseded  bv 

3 

4 

5 

6 Re-enacted  in 

7 


9 

10 • Amended  by 

11 Re-enacted  in 

12 

13 

14 


II 


1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 
20. 

9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 
13. 
14. 


7254— VOL  5—09- 


-14 


2740  New  York— 1894 

Scliedule  Showing"  Disposition  of  Sections  of  the  New  York  State  Consti- 
tution of  1846,  Amended — Continued. 

Constitution  of  1846,  amended.  Constitution  of  1894. 

Art.     Ill,  §  15 Amended  by  Art.    Ill,  §  15. 

Ill,  16 Re-enacted  in  III,     16. 

Ill,  17 *'  III,     17. 

Ill,  18 Amended  bv  III,     18. 

Ill,  19 Re-enacted  in  III,     19. 

Ill,  20 "  III,     24. 

Ill,  21 "  III,     25. 

Ill,  22 "  III,     26. 

Ill,  23 *'  III,     27. 

Ill,  24 •*  III,     28. 

III,  25 "  III,     23. 

IV,  1 Amended  bv  IV,       1. 

IV,      2 Re-enacted  in  IV,       2. 

IV,       3 "  IV,      3. 

IV,       4 "  IV,      4. 

IV,       5 "  IV.       5. 

IV,       6 "  IV;      6. 

IV,       7 Amended  by  IV,       7. 

IV,       8 Re-enacted  m  IV,      8. 

IV,       9 **  IV.       9. 

V,       1 Amended  by  V,       1. 

V,      2 -  V,       1,2. 

V,       o Amended  in  language.  Art.  V,  §  3. 

V,      4 ''  "         Art.  V,  §4. 

V,      5 "  "        Art.  V,  §5. 

V,      6 Re-enacted  in  Art.     V,  §  6. 

V,       7 -  V,       7. 

V,       8 "  V,      8. 

VI,       1 ''  VI,     13. 

VI,       2 Amended  by  VI,       7. 

VI,      3 **  VI,      8. 

VI,      4 ( Causes  referred  to  commissioners  of  appeals. )    Ab- 
rogated. 

VI,       5 ( Commissioners  of  appeals. )     Abrogated. 

VI,       6 Superseded  by  Art.  VI,  §  1. 

VI,       7 "  VI,       2. 

VI,       8 Amended  by  VI,      3. 

VI,      9 ''  VI,      4. 

VI,  10 Re-enacted  in  VI,     10. 

VI,  11 Amended  by  VI,     11. 

VI,  13 Superseded  by  Art.  VI,  §  12. 

VI,  12 (City  courts)  repealed  by  Art.  VI,  §  5. 

VI,  14 ''  VI,     12. 

VI,  15 Amended  by  VI,     14. 

VI,  16 "  VI,     16. 

VI,  17 (Question  of  election  or  appointment  of  judges.) 

Abrogated. 

VI,  18 Amended  by  Ar^    VI,  §  17. 

VI,  19 ''  VI,     18. 

VI,  20 "  VI,     19. 

VI,  21 Superseded  by        VI,     20. 

VI,  22 "  VI,       9. 

VI,  23 Amended  by  VI,     21. 

VI,  24 ( First  election  of  judges. )     Abrogated . 

VI,  25 Amended  by  Art.    VI,  §  22. 

VI,  26 Re-enacted  in  VI,    23. 

VII,       1 i ( Canal  debt,  etc. )     Abrogated. 

VII,      2 (General  fund  debt,  etc.)     Abrogated. 

VII,       3 Amended  by  Art.  VII,  §  9. 

>    VII,      4 ( Loans  to  incorporated  companies. )     Abrogated. 

VII,  5 (Provisions  for  payment  of  canal  debt.)    Abrogated. 

VII,      6 Re-enacted  in  Art.  VII,  §  8. 

VII,  7 (Salt  springs.)     Abrogated. 


New  York— 1894  2741 

Schedule  Showing"  Disposition  of  Sections  of  the  New  York  State  Consti- 
tution of  1846,  Amended — Continued. 

Constitution  of  1846,  amended.  Constitution  of  1894. 

Art.    VII,§   8 Re-enacted  in  Art.  Ill,  §  21. 

VII,  9 "  VII,      1. 

VII,  10 "  •  VII,      2. 

VII,  11 **  VII,      3. 

VII,  12 Amended  in  language  Art.  8,  §  4. 

VII,  13 Re-enacted  in  Art.  VII,  §  5. 

VII,  14 Amended  by  VII,      6. 

VIII,  1 Re-enacted  in       VIII,      1. 

VIII,  2 "  VIII,      2. 

VIII,  3 "  VIII,      3. 

VIII,  4 "  VIII,      4. 

VIII,  5 "  VIII,      5. 

VIII,  6 ''  VIII,      6. 

VIII,  7 Amended  by         VIII,      7. 

VIII,  8 Re-enactedin        VIII,      8. 

VIII,  9 :..  "  XII,       1. 

VIII,  10 "  VIII,      9. 

VIII,  11 "  VIII,     10. 

IX,  1 ''  IX,       3. 

X,  1 Amended  by  X,      1. 

X,  2 Re-enacted  in  X,      2. 

X,  3 ♦*  X,      3. 

X,  4 "  X,      4. 

X,  5 "  X,      5. 

X,  6 Amended  bj^  X,      6. 

X,  7 Re-enacted  m  X,      7. 

X,  8 "  X,      8. 

X  9  "  X       9 

Xl'  1 !!."."]].!'.!"- !."  Superseded  by         Xl'      1. 

XI,  2 "  XI,      5. 

XI,  3 Amended  by  XI,      4. 

XI,  4 "  XI,      5. 

XI,  5 "  XI,      6. 

XI,  6 Superseded  by         XI,      5. 

XII,  1 Re-enactedin       XIII,      1. 

XIII,  1 Amended  by         XIV,      1. 

XIII,  2 "  XIV,      2. 

XIV,  1 (First  election  of  senators,  etc. )     Abrogated. 

XIV,  2 (Firstelectionof  governor  and  lieutenant-governor. ) 

Abrogated. 

XIV,  3 ( State  officers  to  remain  in  office. )     Abrogated. 

XIV,  4 (First  election  of  judges,  etc. )    Abrogated. 

XIV,  5 (Pending suits.)    Abrogated. 

XIV,  6 ( Masters  in  chancery. )    Abrogated. 

XIV,  7 ( Vacancy  in  office  of  chancellor. )     Abrogated. 

XIV,  8 ^Offices  abolished. )    Abrogated. 

XIV,  9 (Chancellors  and  justices  eligible. )    Abrogated. 

XIV,  10 ^Expiration  of  term.)     Abrogated. 

XIV,  11 (Judicial  officers  may  take  fees. )     Abrogated. 

XIV,  12 (Local  courts.)     Abrogated. 

XIV,  13 Amended  by  Art.     XV,  §  1. 

XV,  1 Re-enacted  in        XIII,      2. 

XV,  2 "  XIII,      3. 

XV,  3 "  XIII,      4. 

XV.  4 "  XIII.      6. 


NORTH  CAROLINA 


For  organic  acts  relating  to  the  lands  now  included  within  North  Carolina 
see  in  other  parts  of  this  work  : 

Charter  to  Raleigh,  1584  (p.  53). 
Charter  of  Virginia,  1606  (Virginia,  p.  3783). 
Charter  of  Virginia,  1609  (Virginia,  p.  3790). 
Charter  of  Virginia,  1612  (Virginia,  p.  3802). 
Ordinances  for  Virginia,  1621  (Virginia,  p.  3810). 


CHARTER  OF  CAROLINA— 1663  *  « 

Charles  the  Second,  by  the  grace  of  God,  king^f  England,  Scot- 
land, France,  and  Ireland,  Defender  of  the  Faith,  &c.,  To  all  to  whom 
these  present  shall  come :  Greeting  : 

1st.  Whereas  our  right  trusty,  and  right  well  beloved  cousins  and 
counsellors,  Edward  Earl  of  Clarendon,  our  high  chancellor  of  Eng- 
land, and  George  Duke  of  Albemarle,  master  of  our  horse  and  captain 
general  of  all  our  forces,  our  right  trusty  and  well  beloved  William 
Lord  Craven,  John  Lord  Berkley,  our  right  trusty  and  well  beloved 
counsellor,  Anthony  Lord  Ashley,  chancellor  of  our  exchequer.  Sir 
George  Carteret,  knight  and  baronet,  vice  chamberlain  of  our  house- 
hold, and  our  trusty  and  well  beloved  Sir  William  Berkley,  knight, 
and  Sir  John  Colleton,  knight  and  baronet,  being  excited  with  a 
laudable  and  pious  zeal  for  the  propagation  of  the  Christian  faith, 
and  the  enlargement  of  our  empire  and  dominions,  have  humbly 
besought  leave  of  us,  by  their  industry  and  charge,  to  transport  and 
make  an  ample  colony  of  our  subjects,  natives  of  our  kingdom  of 
England,  and  elsewhere  within  our  dominions,  unto  a  certain  country 
hereafter  described,  in  the  parts  of  America  not  yet  cultivated  or 
planted,  and  only  inhabited  by  some  barbarous  people,  who  have  no 
knowledge  of  Almighty  God. 

2d.  And  whereas  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John 
Colleton,  have  humbly  besought  us  to  give,  grant  and  confirm  unto 
them  and  their  heirs,  the  said  country,  with  priviledges  and  juris- 
dictions requisite  for  the  good  government  and  safety  thereof :  Know 

♦The  Colonial  Records  of  North  Carolina,  Edited  by  William  L.  Saunders, 
Vol.  1—1662  to  1712.  Raleigh.  P.  M.  Hale,  Printer  to  the  State,  pp.  20-33. 
1886. 

o  Sir  Robert  Heath  was  attorney-general  to  Charles  I,  and  Bancroft  says : 
•'  There  is  room  to  believe  that,  in  1639,  permanent  plantations  were  planned  and 
perhaps  attempted  by  his  assign,"  but  the  patent  was  declared  void  in  1663, 
because  the  purposes  for  which  it  had  been  granted  had  never  been  fulfilled. 

See  patent  to  Sir  Robert  Heath,  p.  69. 

2743 


2744  North  Carolina— 1663 

ye,  therefore,  that  we,  favouring  the  pious  and  noble  purpose  of  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  of  our  special 
grace,  certain  knowledge  and  meer  motion,  have  given,  granted  and 
confirmed,  and  by  this  our  present  charter,  for  us,  our  heirs  and  suc- 
cessors, do  give,  grant  and  confirm  unto  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
AVilliam  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns, 
all  that  territory  or  tract  of  ground,  scituate,  lying  and  being  within 
our  dominions  of  America,  extending  from  the  north  end  of  the 
island  called  Lucke  island,  which  lieth  in  the  southern  Virginia  seas, 
and  within  six  and  thirty  degrees  of  the  northern  latitude,  and  to  the 
west  as  far  as  the  south  seas,  and  so  southerly  as  far  as  the  river  St. 
Matthias,  which  bordereth  upon  the  coast  of  Florida,  and  within  one 
and  thirty  degrees  of  northern  latitude,  and  so  west  in  a  direct  line  as 
far  as  the  south  seas  aforesaid ;  together  with  all  and  singular  ports, 
harbours,  bays,  rivers,  isles  and  islets  belonging  to  the  country  afore- 
said; and  also  all  the  soil,  lands,  fields,  woods,  mountains,  fields, 
lakes,  rivers,  bays  and  islets,  scituate  or  being  within  the  bounds  or 
limits  aforesaid,  with  the  fishing  of  all  sorts  of  fish,  whales,  sturgeons, 
and  all  other  royal  fishes  in  the  sea,  bays,  islets  and  rivers  within  the 
premises,  and  the  fish  therein  taken;  and  moreover  all  veins,  mines, 
quarries,  as  well  discovered  as  not  discovered,  of  gold,  silver,  gems, 
precious  stones,  and  all  other  whatsoever,  be  it  of  stones,  metals,  or 
any  other  thing  whatsoever,  found  or  to  be  found  within  the  countries, 
isles  and  limits  aforesaid. 

3d.  And  furthermore,  the  patronage  and  advowsons  of  all  the 
churches  and  chappels,  which  as  Christian  religion  shall  increase  within 
the  country,  isles,  islets  and  limits  aforesaid,  shall  happen  hereafter  to 
be  erected,  together  with  license  and  power  to  build  and  found 
churches,  chappels  and  oratories,  in  convenient  and  fit  places,  within 
the  said  bounds  and  limits,  and  to  cause  them  to  be  dedicated  and 
consecrated  according  to  the  ecclesiastical  laws  of  our  kingdom  of 
England,  together  with  all  and  singular  the  like,  and  as  ample  rights, 
jurisdictions,  priviledges,  prerogatives,  royalties,  liberties,  immunities 
and  franchises  of  what  kind  soever,  within  the  countries,  isles,  islets 
and  limits  aforesaid. 

4th.  To  have,  use,  exercise  and  enjoy,  and  in  as  ample  manner  as 
any  bishop  of  Durham  in  our  kingdom  of  England,  ever  heretofore 
have  held,  used  or  enjoyed,  or  of  right  ought  or  could  have,  use,  or 
enjoy.  And  them,  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir 
John  Colleton,  their  heirs  and  assigns,  we  do  by  these  presents,  for 
us,  our  heirs  and  successors,  make,  create  and  constitute  the  true  and 
absolute  Lords  Proprietors  of  the  country  aforesaid,  and  of  all  other 
the  premises;  saving  always  the  faith,  allegiance  and  sovereign 
dominion  due  to  us,  our  heirs  and  successors,  for  the  same,  and  saving 
also  the  right,  title  and  interest  of  all  and  every  our  subjects  of  the 
English  nation,  which  are  now  planted  within  the  limits  and  bounds 
aforesaid  (if  any  be).  To  have,  hold,  possess  and  enjoy  the  said 
country,  isles,  islets,  and  all  and  singular  other  the  premises,  to  them 


North  Carolina— 166S  2745 

the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  William  Berkley,  Sir  John  Colleton,  their 
heirs  and  assigns  forever,  to  be  holden  of  us,  our  heirs  and  successors, 
as  of  our  manner  of  East  Greenwich  in  our  county  of  Kent,  in  free 
and  common  soccage,  and  not  in  capite,  or  by  knight  service ;  yielding 
and  paying  yearly  to  us,  our  heirs  and  successors,  for  the  same,  the 
yearly  rent  of  twenty  marks  of  lawful  money  of  England,  at  the 
feast  of  All  Saints,  yearly  forever,  the  first  payment  thereof  to  begin 
and  to  be  made  on  the  feast  of  All  Saints,  which  shall  be  in  the  year 
of  our  Lord  one  thousand  six  hundred  and  sixty-five,  and  also  the 
fourth  part  of  all  gold  or  silver  ore,  which,  within  the  limits  afore- 
said, shall  from  time  to  time  happen  to  be  found. 

5th.  And  that  the  country,  thus  by  us  granted  and  described,  may 
be  dignified  by  us  with  as  large  titles  and  priviledges  as  any  other 
l^art  of  our  dominions  and  territories  in  that  region.  Know  ye,  that 
we  of  our  further  grace,  certain  knowledge,  and  meer  motion,  have 
thought  fit  to  erect  the  same  tract  of  ground,  county,  and  island,  into 
a  province,  and  out  of  the  fulness  of  our  royal  power  and  prerogative, 
we  do,  for  us,  our  heirs  and  successors,  erect,  incorporate  and  ordain 
the  same  into  a  province,  and  call  it  the  Province  of  Carolina,  and  so 
from  henceforth  will  have  it  called;  and  forasmuch  as  we  have 
hereby  made  and  ordained  the  aforesaid  Edward  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord 
Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William 
Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  the  true  lords 
and  proprietors  of  all  the  province  aforesaid;  Know  ye,  therefore 
moreover  that  we,  reposing  especial  trust  and  confidence  in  their 
fidelity,  wisdom,  justice  and  provident  circumspection,  for  us,  our 
heirs  and  successors,  do  grant  full  and  absolute  power,  by  virtue  of 
these  presents,  to  them  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley, 
Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley, 
and  Sir  John  Colleton,  and  their  heirs,  for  the  good  and  happy  gov- 
ernment of  the  said  province,  to  ordain,  make,  enact,  and  under  their 
seals  to  publish  any  laws  whatsoever,  either  appertaining  to  the  pub- 
lick  state  of  the  said  province,  or  to  the  private  utility  of  particular 
persons,  according  to  their  best  discretion,  of  and  with  the  advice, 
assent  and  approbation  of  the  freemen  of  the  said  province,  or  of  the 
greater  part  of  them,  or  of  their  delegates  or  deputies,  whom  for 
enacting  of  the  said  laws,  when  and  as  often  as  need  shall  require,  we 
will  that  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John 
Colleton,  and  their  heirs,  shall  from  time  to  time  assemble  in  such 
manner  and  form  as  to  them  shall  seem  best,  and  the  same  laws  duly 
to  execute  upon  all  people  within  the  said  province  and  limits  thereof, 
for  the  time  being,  or  which  shall  be  constituted  under  the  power  and 
government  of  them  or  any  of  them,  either  sailing  towards  the  said 
province  of  Carolina,  or  returning  from  thence  towards  England,  or 
any  other  of  our,  or  foreign  dominions,  by  imposition  of  penalties, 
imprisonment  or  any  other  punishment ;  yea,  if  it  shall  be  needf nil, 
and  the  quality  of  the  offence  requires  it,  by  taking  away  member  and 
life,  either  by  them,  the  said  Edward  Earl  of  Clarendon,  George  Duke 


2746  North  Carolina— 1663 

of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir 
John  Colleton,  and  their  heirs,  or  by  them  or  their  deputies,  lieu- 
tenants, judges,  justices,  magistrates,  officers  and  members  to  be 
ordained  or  appointed  according  to  the  tenor  and  true  intention  of 
these  presents;  and  likewise  to  appoint  and  establish  any  judges  or 
justices,  magistrates  or  officers  whatsoever,  within  the  said  province, 
at  sea  or  land,  in  such  manner  and  forni  as  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthomr  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton  and  their  heirs  shall  seem 
most  convenient;  also,  to  remit,  release,  pardon  and  abolish  (whether 
before  judgment  or  after)  all  crimes  and  offences  whatsoever,  against 
the  said  laws,  and  to  do  all  and  every  other  thing  and  things,  which 
unto  the  compleat  establishment  of  justice  unto  courts,  sessions,  and 
forms  of  judicature  and  manners  of  proceedings  therein  do  belong, 
although  in  these  presents  express  mention  be  not  made  thereof ;  and 
by  judges  and  by  him  or  them  delegated,  to  award  process,  hold  pleas, 
and  determine  in  all  the  said  courts,  and  places  of  judicature,  all 
actions,  suits  and  causes  whatsoever,  as  w^ell  criminal  or  civil,  real, 
mixt,  personal,  or  of  any  other  kind  or  nature  whatsoever;  which 
laws,  so  as  aforesaid  to  be  published,  our  pleasure  is,  and  we  do  require, 
enjoin  and  command,  shall  be  absolute,  firm  and  available  in  law,  and 
that  all  the  liege  people  of  us,  our  heirs  and  successors,  within  the  said 
province  of  Carolina,  do  observe  and  keep  the  same  inviolably  in 
those  parts,  so  far  as  they  concern  them,  under  the  pains  and  pen- 
alties therein  expressed,  or  to  be  expressed:  Provided  nevertheless^ 
that  the  said  laws  be  consonant  to  reason,  and  as  near  as  may  be  con- 
veniently, agreeable  to  the  laws  and  customs  of  this  our  kingdom  of 
England. 

6th.  And  because  such  assemblies  of  freeholders  cannot  be  so  con- 
veniently called,  as  there  may  be  occasion  to  require  the  same,  we  do, 
therefore,  by  these  presents,  give  and  grant  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  by 
themselves  or  their  magistrates,  in  that  behalf  lawfully  authorized, 
full  power  and  authority  from  time  to  time  to  make  and  ordain  fit 
and  wholesome  orders  and  ordinances,  w^ithin  the  province  aforesaid, 
to  be  kept  and  observed  as  well  for  the  keeping  of  the  peace,  as  for 
the  better  government  of  the  people  there  abiding,  and  to  publish  the 
same  to  all  to  whom  it  may  concern ;  w  hich  ordinances,  we  do  by 
these  presents  streightly  charge  and  command  to  be  inviolably  ob- 
served within  the  said  province,  under  the  penalties  therein  expressed, 
so  as  such  ordinances  be  reasonable,  and  not  repugnant  or  contrary, 
but  as  near  as  may  be,  agreeable  to  the  laws  and  statutes  of  this  our 
kingdom  of  England,  and  so  as  the  same  ordinances  do  not  extend 
to  the  binding,  charging,  or  taking  away  of  the  right  or  interest  of 
any  person  or  persons,  in  their  freehold,  goods  or  chattels  whatsoever. 

7th.  And  to  the  end  the  said  province  may  be  more  happily  in- 
creased, by  the  multitude  of  people  resorting  thither,  and  may  like- 
wise be  the  more  strongly  defended  from  the  incursions  of  salvages 
and  other  enemies,  pirates  and  robbers^  therefore  we,  for  us,  our  heirs 


North  Carolina— 1663  2747 

and  successors,  do  give  and  grant  by  these  presents,  power,  license  and 
liberty  unto  all  the  liege  people  of  us,  our  heirs  and  successors  in  our 
kingdom  of  England  or  elsewhere,  within  any  other  our  dominions, 
islands,  colonies  or  plantations,  (excepting  those  who  shall  be  espe- 
cially forbidden,)  to  transport  themselves  and  families  unto  the  said 
province,  with  convenient  shipping  and  fitting  provisions,  and  there 
to  settle  themselves,  dwell  and  inhabit,  any  law,  statute,  act,  ordi- 
nance, or  other  thing  to  the  contrary  in  any  wise  notwithstanding. 
And  we  will  also,  and  of  our  more  special  grace,  for  us,  our  heirs  and 
successors,  do  streightly  enjoin,  ordain,  constitute  and  command,  that 
the  said  province  of  Carolina,  shall  be  of  our  allegiance,  and  that  all 
and  singidar  the  subjects  and  liege  people  of  us,  our  heirs  and  suc- 
cessors, transported  or  to  be  transported  into  the  said  province,  f^nd 
the  children  of  them  and  of  such  as  shall  descend  from  them,  there 
born  or  hereafter  to  be  born,  be  and  shall  be  denizons  and  lieges  of  us, 
our  heirs  and  successors  of  this  our  kingdom  of  England,  and  be  in  all 
things  held,  treated,  and  reputed  as  the  liege  faithful  people  of  us, 
our  heirs  and  successors,  born  within  this  our  said  kingdom,  or  any 
other  of  our  dominions,  and  may  inherit  or  otherwise  purchase  and 
receive,  take,  hold,  buy  and  possess  any  lands,  tenements  or  heredita- 
ments within  the  same  places,  and  them  may  occupy,  possess  and 
enjoy,  give,  sell,  aliene  and  bequeathe;  as  likewise  all  liberties,  fran- 
chises and  priviledges  of  this  our  kingdom  of  England,  and  of  other 
our  dominions  aforesaid,  and  may  freely  and  quietly  have,  possess 
and  enjoy,  as  our  liege  people  born  within  the  same,  without  the  least 
molestation,  vexation,  trouble  or  grievance  of  us,  our  heirs  and  suc- 
cessors, any  statute,  act,  ordinance,  or  provision  to  the  contrary  not- 
withstanding. 

8th.  And  furthermore,  that  our  subjects  of  this  our  said  kingdom 
of  England,  and  other  our  dominions,  may  be  the  rather  encouraged 
to  undertake  this  expedition  with  ready  and  chearful  minds,  know  ye, 
that  we  of  our  special  grace,  certain  knowledge  and  meer  motion,  do 

five  and  grant  by  virtue  of  these  presents,  as  well  to  the  said  Edward 
larl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  and  their  heirs,  as  unto  all 
others  as  shall  from  time  to  time  repair  unto  the  said  province,  with 
a  purpose  to- inhabit  there,  or  to  trade  with  the  natives  of  the  said 
province,  full  liberty  and  license  to  lade  and  freight  in  any  port 
whatsoever,  of  us,  our  heirs  and  successors,  and  into  the  said  province 
of  Carolina,  by  them,  their  servants  or  assigns,  to  transport  all  and 
singular  their  goods,  wares  and  merchandises,  as  likewise  all  sorts  of 
grain  whatsoever,  and  any  other  things  whatsoever,  necessary  for  the 
rood  and  clothing,  not  prohibited  by  the  laws  and  statutes  of  our 
kingdoms  and  dominions,  to  be  carried  out  of  the  same,  without  any 
let  or  molestation  of  us,  our  heirs  and  successors,  or  of  any  other  of 
our  officers,  or  ministers  whatsoever,  saving  also  to  us,  our  heirs  and 
successors,  the  customs  and  other  duties  and  payments,  due  for 
the  said  wares  and  merchandises,  according  to  the  several  rates 
of  the  places  from  whence  the  same  shall  be  transported.  We  will 
also,  and  by  these  presents,  for  us,  Our  heirs  and  successors,  do 
give  and  grant  license  by  this  our  charter,  unto  the  said  Edward 
Earl  of  Clarendon.  George  Duke  of  Albemarle,  William  Lord  Craven, 


2748  North  Carolina— 1668 

John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  and 
to  all  the  inhabitants  and  dwellers  in  the  province  aforesaid,  both 
present  and  to  come,  full  power  and  absolute  authority  to  import  or 
unlade  by  themselves  or  their  servants,  factors  or  assigns,  all  mer- 
chandises and  goods  whatsoever,  that  shall  arise  of  the  fruits  and  com- 
modities of  the  said  province,  either  by  land  or  by  sea,  into  any  of  the 
ports  of  us,  our  heirs  and  successors,  in  our  kingdom  of  England, 
Scotland  or  Ireland,  or  otherwise  to  dispose  of  the  said  goods,  in  the 
said  ports;  and  if  need  be,  within  one  year  next  after  the  unlading,  to 
lade  the  said  merchandises  and  goods  again  into  the  same  or  other 
ships,  and  to  export  the  same  into  any  other  countries  either  of  our 
dominions,  or  foreign,  being  in  amity  with  us,  our  heirs  and  suc- 
cessors, so  as  they  pay  such  customs,  subsidies,  and  other  duties  for 
the  same,  to  us,  our  heirs  and  successors,  as  the  rest  of  our  subjects  of 
this  our  kingdom,  for  the  time  being,  shall  be  bound  to  pay,  beyond 
which  we  will  not,  that  the  inhabitants  of  the  said  province  of  Caro- 
lina, shall  be  any  ways  charged. 

9th.  Provided  nevertheless^  and  our  will  and  pleasure  is,  and  we 
have  further  for  the  consideration  aforesaid,  of  our  more  especial 
grace,  certain  knowledge,  and  meer  motion,  given  and  granted,  and 
by  these  presents,  for  us,  our  heirs  and  successors,  do  give  and  grant 
unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  William  Berkley  and  Sir  John 
Colleton,  their  heirs  and  assigns,  full  and  free  license,  liberty  and 
authority,  at  any  time  or  times,  from  and  after  the  feast  of  St. 
Michael  the  archangel,  w^hich  shall  be  in  the  year  of  our  Lord  Christ, 
one  thousand  six  hundred  sixty  and  seven,  as  well  to  import,  and 
bring  into  any  of  our  dominions  from  the  said  province  of  Carolina, 
or  any  part  thereof,  the  several  goods  and  commodities,  hereinafter 
mentioned,  that  is  to  say,  silks,  wines,  currants,  raisins,  capers,  w^ax, 
almonds,  oyl  and  olives,  -without  paying  or  answering  to  us,  our 
heirs  or  successors,  any  custom,  import,  or  other  duty,  for  and  in 
respect  thereof,  for  and  during  the  term  and  space  of  seven  years,  to 
commence  and  be  accompted,  from  and  after  the  first  importation  of 
four  tons  of  any  the  said  goods,  in  any  one  bottom,  ship  or  vessel 
from  the  said  province,  into  any  of  our  dominions,  as  a'lso  to  export 
and  carry  out  of  any  of  our  dominions,  into  the  said  province  of 
Carolina,  custom  free,  all  sorts  of  tools  which  shall  be  usefull  or 
necessary  for  the  planters  there,  in  the  accommodation  and  improve- 
ment of  the  premises,  any  thing  before,  in  these  presents  con- 
tained, or  any  law,  act,  statute,  prohibition  or  other  matter,  or  any- 
thing heretofore  had,  made,  enacted  or  provided,  or  hereafter  to  Jbe 
had,  made,  enacted  or  provided,  to  the  contrary,  in  any  wise  not- 
withstanding. 

10th.  And  furthermore,  of  our  own  ample  and  especial  grace,  cer- 
tain knowledge,  and  meer  motion,  w^e  do  for  us,  our  heirs  and  suc- 
cessors, grant  unto  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley  and  Sir 
John  Colleton,  their  heirs  and  assigns,  full  and  absolute  power  and 
authority,  to  make,  erect  and  constitute,  within  the  said  province  of 


North  Carolina— 1663  2749 

Carolina,  and  the  isles  and  islets  aforesaid,  such  and  so  many  sea- 
ports, harbours,  creeks  and  other  places,  for  discharge  and  unlading 
of  goods  and  merchandises,  out  of  ships,  boats  and  other  vessels,  and 
for  lading  of  them,  in  such  and  so  many  places,  and  with  such  juris- 
diction, priviledges  and  franchises  unto  the  said  ports  belonging,  as 
to  them  shall  seem  most  expedient,  and  that  all  and  singular  the  ships, 
boats  and  other  vessels,  which  shall  come  for  merchandises  and  trade 
into  the  said  province,  or  shall  depart  out  of  the  same,  shall  be  laden 
and  unladen  at  such  ports  only,  as  shall  be  erected  and  constituted 
by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  and  assigns,  and  not  elsewhere,  any  use,  custom  or  any 
other  thing  to  the  contrary,  in  any  wise  notwithstanding. 

11th.  And  w^e  do  furthermore  will,  appoint  and  ordain,  and  by 
these  presents  for  us,  our  heirs  and  successors,  do  grant  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  William  Berkley  and  Sir  John  Colleton,  their  heirs  and 
assigns,  that  they  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley  and  Sir  John 
Colleton,  their  heirs  and  assigns,  may  from  time  to  time  forever,  have 
and  enjoy,  the  customs  and  subsidies  in  the  ports,  harbors,  creeks  and 
other  places  within  the  province  aforesaid,  payable  for  goods,  mer- 
chandise and  wares,  there  laded  or  to  be  laded,  or  unladed,  the  said 
customs  to  be  reasonably  assessed,  upon  any  occasion,  by  themselves, 
and  by  and  with  the  consent  of  the  free  people  there,  or  the  greater 
part  of  them  as  aforesaid ;  to  whom  we  give  power  by  these  presents, 
for  us,  our  heirs  and  successors,  upon  just  cause  and  in  a  due  propor- 
tion, to  assess  and  impose  the  same. 

12th.  And  further,  of  our  special  grace,  certain  knowledge,  and 
meer  motion,  we  have  given,  granted  and  confirmed,  and  by  these 
presents,  for  us,  our  heirs  and  successors,  do  give,  grant  and  confirm 
unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  and  assigns,  full  and  absolute  license,  power  and  authority, 
that  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  William  Berkley',  Sir  John  Colleton,  their 
heirs  and  assigns,  from  time  to  time,  hereafter,  forever,  at  his  and 
their  will  and  pleasure,  may  assign,  alien,  grant,  demise  or  enfeof  the 
premises,  or  any  part  or  parcels  thereof,  to  him  or  them  that  shall  be 
willing  to  purchase  the  same,  and  to  such  person  or  persons  as  they 
shall  think  fit,  to  have  and  to  hold,  to  them  the  said  person  or  persons, 
their  heirs  or  assigns,  in  fee  simple  or  fee  tayle,  or  for  term  for  life, 
or  lives,  or  years,  to  be  held  of  them,  the  said  Edward  Earl  of  Clar- 
endon, George  Duke  of  Albemarle,  W^illiam  Lord  Craven,  John  Lord 
Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  W^illiam 
Berkley  and  Sir  John  Colleton,  their  heirs  and  assigns,  by  such  rents, 
services  and  customs,  as  shall  seem  meet  to  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 


2750  North  Carolina— 1663 

Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  Wil- 
liam Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  and  not 
immediately  of  us,  our  heirs  and  successors,  and  to  the  same  person 
and  persons,  and  to  all  and  every  of  them,  we  do  give  and  grant  by 
these  presents,  for  us,  our  heirs  and  successors,  license,  authority  and 
power,  that  such  person  or  persons,  may  have  or  take  the  premises, 
or  any  parcel  thereof,  of  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  An- 
thony Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and 
Sir  John  Colleton,  their  heirs  and  assigns,  and  the  same  to  hold,  to 
themselves,  their  heirs  or  assigns,  in  what  estate  of  inheritance  what- 
soever, in  fee  simple,  or  fee  tayle,  or  otherwise,  as  to  them  and  the 
said  Edw^ard  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs  and 
assigns,  shall  seem  expedient ;  the  statute  made  in  the  parliament  of 
Edward,  son  of  King  Henry,  heretofore  king  of  England,  our  pred- 
ecessor, commonly  called  the  statute  "•  of  "  quia  emf  tores  terrarmn;  " 
or  any  other  statute,  act,  ordinance,  use,  law,  custom  or  any  other 
matter,  cause  or  thing  heretofore  published,  or  provided  to  the  con- 
trary, in  any  wise  notwithstanding. 

13th.  And  because  many  persons  born,  or  inhabiting  in  the  said 
province,  for  their  deserts  and  services,  may  expect  and  be  capable  of 
marks  of  honor  and  favor,  which,  in  respect  of  the  great  distance, 
cannot  be  conveniently  conferred  by  us ;  our  w^ill  and  pleasure  there- 
fore is,  and  we  do  by  these  presents,  give  and  grant  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,  their  heirs  and 
assigns,  full  power  and  authority,  to  give  and  confer,  unto  and  upon, 
such  of  the  inhabitants  of  the  said  province,  as  they  shall  think  do  or 
shall  merit  the  same,  such  marks  of  favour  and  titles  of  honour  as  they 
shall  think  fit,  so  as  these  titles  of  honour  be  not  the  same  as  are 
enjoyed  by,  or  conferred  upon  any  the  subjects  of  this  our  kingdom  of 
England. 

14th.  And  further  also,  we  do  by  these  presents,  for  us,  our  heirs 
and  successors,  give  and  grant  license  to  them,  the  said  Edw^ard  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  full 
power,  liberty  and  license  to  erect,  raise  and  build  within  the  said 
province  and  places  aforesaid,  or  any  part  or  parts  thereof,  such  and 
so  many  forts,  fortresses,  castles,  cities,  buroughs,  towns,  villages  and 
other  fortifications  w^hatsoever,  and  the  same  or  any  of  them  to  fortify 
and  furnish  with  ordinance,  powder,  shot,  armory,  and  all  other 
weapons,  ammunition,  habilements  of  war,  both  offensive  and  defen- 
sive, as  shall  be  thought  fit  and  convenient  for  the  safety  and  welfare 
of  the  said  province  and  places,  or  any  part  thereof,  and  the  same,  or 
any  of  them  from  time  to  time,  as  occasion  shall  require,  to  dismantle, 
disf urnish,  demolish  and  pull  down,  and  also  to  place,  constitute  and 
appoint  in  and  over  all  or  any  of  the  castles,  forts,  fortifications,  cities, 

o  18  Ed.  1  West.  3  c.  1  p.  45. 


North  Carolina— 1663  2751 

towns  and  places  aforesaid,  governors,  deputy  governors,  magistrates, 
sheriffs  and  other  officers,  civil  and  military,  as  to  them  shall  seem 
meet,  and  to  the  said  cities,  burou^hs,  towns,  villages,  or  any  other 
place  or  places  within  the  said  province,  to  grant  "  letters  or  charters 
of  incorporation,"  with  all  liberties,  franchises  and  priviledges,  requi- 
site and  usefull,  or  to  or  within  any  corporations,  Avithin  this  our 
kingdom  of  England,  granted  or  belonging;  and  in  the  same  cities, 
buroughs,  towns  and  other  places,  to  constitute,  erect  and  appoint  such 
and  so  many  markets,  marts  and  fairs,  as  shall  in  that  behalf  be 
thought  fit  and  necessary ;  and  further  also  to  erect  and  make  in  the 
province  aforesaid,  or  any  part  thereof,  so  many  mannors  as  to  them 
shall  seem  meet  and  convenient,  and  in  every  of  the  said  mannors  to 
have  and  to  hold  a  court  baron,  with  all  things  whatsoever  which  to  a 
court  baron  do  belong,  and  to  have  and  to  hold  views  of  "  frank 
pledge  "  and  "  court  leet,"  for  the  conservation  of  the  peace  and  better 
government  of  those  parts  within  such  limits,  jurisdictions,  and  pre- 
cincts, as  by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John 
Colleton,  or  their  heirs,  shall  be  appointed  for  that  purpose,  with  all 
things  whatsoever,  which  to  a  court  leet,  or  view  of  frank  pledge  do 
belong,  the  said  court  to  be  holden  by  stewards,  to  be  deputed  and 
authorized  by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John 
Colleton,  or  their  heirs,  or  by  the  lords  of  other  mannors  and  leets, 
for  the  time  being,  when  the  same  shall  be  erected. 

15th.  And  because  that  in  so  remote  a  country,  and  scituate  among 
so  many  barbarous  nations,  and  the  invasions  as  well  of  salvages  as 
of  other  enemies,  pirates  and  robbers,  may  probably  be  feared ;  there- 
fore we  have  given,  and  for  us,  our  heirs  and  successors,  do  give 
power,  by  these  presents,  unto  the  said  Edward,  Earl  of  Clarendon, 
George  Duke  of  Albemarle,  William  Lord  Craven,  John  Lord  Berk- 
ley, Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley, 
and  Sir  John  Colleton,  their  heirs  and  assigns,  by  themselves,  or  their 
captains,  or  other  their  officers,  to  levy,  muster  and  train  all  sorts  of 
men,  of  what  condition  or  wheresoever  born,  in  the  said  province  for 
the  time  being,  and  to  make  war  and  pursue  the  enemies  aforesaid,  as 
well  by  sea  as  by  land,  yea,  even  without  the  limits  of  the  said  prov- 
ince, and  by  God's  assistance  to  vanquish  and  take  them,  and  being 
taken  to  put  them  to  death  by  the  law  of  war,  or  to  save  them  at  their 
pleasure ;  and  to  do  all  and  every  other  thing,  which  unto  the  charge 
of  a  captain  general  of  an  army  belongeth,  or  hath  accustomed  to 
belong,  as  fully  and  freely  as  any  captain  general  of  an  army  hath  or 
ever  had  the  same. 

16th.  Also  our  will  and  pleasure  is,  and  by  this  our  charter  we  give 
unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton,*  their 
heirs  and  assigns,  full  power,  liberty  and  authority,  in  case  of  rebel- 
lion, tumult  or  sedition,  (if  any  should  happen,)  Which  God  forbid, 
either  upon  the  land  within  the  province  aforesaid,  or  upon  the  main 
sea,  in  making  a  voyage  thither,  or  returning  from  thence,  by  him  or 


2752  North  Carolina— 1663 

themselves,  their  captains,  deputies  and  officers,  to  be  authorized 
under  his  or  their  seals  for  that  purpose,  to  whom  also,  for  us,  our 
heirs  and  successors,  we  do  give  and  grant  by  these  presents,  full 
power  and  authority,  to  exercise  martial  law  against  mutinous  and 
seditious  persons  of  those  parts,  such  as  shall  refuse  to  submit  them- 
selves to  their  government,  or  shall  refuse  to  serve  in  the  wars,  or  shall 
fly  to  the  enemy,  or  forsake  their  colours  or  ensigns,  or  be  loyterers  or 
straglers,  or  otherwise  howsoever  offending  against  law,  custom  or 
discipline  military,  as  freely  and  in  as  ample  manner  and  form  as  any 
captain  general  of  an  army  by  vertue  of  his  office,  might  or  hath 
accustomed  to  use  the  same. 

17th.  And  our  further  pleasure  is,  and  by  these  presents,  for  us, 
our  heirs  and  successors,  we  do  grant  unto  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven,  John 
Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  Wil- 
liam Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns,  and  to 
all  the  tenants  and  inhabitants  of  the  said  province  of  Carolina,  both 
present  and  to  come,  and  to  every  of  them,  that  the  said  province 
and  the  tenants  and  inhabitants  thereof,  shall  not  from  henceforth  be 
held  or  reputed  a  member  or  part  of  any  colony  whatsoever  in  Amer- 
ica, or  elsewhere,  now  transported  or  made,  or  hereafter  to  be  trans- 
ported or  made;  nor  shall  be  depending  on,  or  subject  to  their  gov- 
ernment in  anything,  but  be  absolutely  seperated  and  divided  from 
the  same ;  and  our  pleasure  is,  by  these  presents,  that  they  be  seper- 
ated, and  that  they  be  subject  immediately  to  our  crown  of  England, 
as  depending  thereof  forever;  and  that  the  inhabitants  of  the  said 
Province,  nor  any  of  them,  shall  at  any  time  hereafter  be  compelled 
or  compellable,  or  be  any  ways  subject  or  liable  to  appear  or  answer 
to  any  matter,  suit,  cause  or  plaint  whatsoever,  out  of  the  Province 
aforesaid,  in  any  other  of  our  islands,  colonies,  or  dominions  in 
America  or  elsewhere,  other  than  in  our  realm  of  England,  and 
dominion  of  Wales. 

18th.  And  because  it  may  happen  that  some  of  the  people  and  inhab- 
itants of  the  said  province,  cannot  in  their  private  opinions,  conform 
to  the  publick  exercise  of  religion,  according  to  the  liturgy,  form  and 
ceremonies  of  the  church  of  England,  or  take  and  subscribe  the  oaths 
and  articles,  made  and  established  in  that  behalf,  and  for  that  the 
same,  by  reason  of  the  remote  distances  of  these  places,  will,  we  hope 
be  no  breach  of  the  unity  and  uniformity  established  in  this  nation ; 
our  will  and  pleasure  therefore  is,  and  we  do  by  these  presents,  for  us, 
our  heirs  and  successors,  give  and  grant  unto  the  said  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  their  heirs  and  assigns, 
full  and  free  license,  liberty  and  authority,  by  such  legal  ways  and 
means  as  they  shall  think  fit,  to  give  and  grant  unto  such  person  or 
persons,  inhabiting  and  being  within  the  said  province,  or  any  part 
thereof,  who  really  in  their  judgments,  and  for  conscience  sake,  can- 
not or  shall  not  conform  to  the  said  liturgy  and  ceremonies,  and  take 
and  subscribe  the  oaths  and  articles  aforesaid,  or  any  of  them,  such 
indulgencies  and  dispensations  in  that  behalf,  for  and  during  such 
time  and  times,  and  with  such  limitations  and  restrictions  as  they, 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Lord  Craven,  John  Lord  Berkley,  Anthony  Lord  Ashley, 


North  Carolina— 1663  2753 

Sir  George  Carteret,  Sir  William  Berkley,  and  Sir  John  Colleton, 
their  heirs  or  assigns,  shall  in  their  discretion  think  fit  and  reason- 
able; and  with  this  express  proviso,  and  limitation  also,  that  such 
person  and  persons,  to  whom  such  indulgencies  and  dispensations 
shall  be  granted  as  aforesaid,  do  and  shall  from  time  to  time  declare 
and  continue,  all  fidelity,  loyalty  and  obedience  to  us,  our  heirs  and 
successors,  and  be  subject  and  obedient  to  all  other  the  laws,  ordi- 
nances, and  constitutions  of  the  said  province,  in  all  matters  whatso- 
ever, as  well  ecclesiastical  as  civil,  and  do  not  in  any  wise  disturb  the 
peace  and  safety  thereof,  or  scandalize  or  reproach  the  said  liturgy, 
forms  and  ceremonies,  or  anything  relating  thereunto,  or  any  person 
or  persons  whatsoever,  for  or  in  respect  of  his  or  their  use  or  exer- 
cise thereof,  or  his  or  their  obedience  and  conformity,  thereunto. 

19th.  And  in  case  it  shall  happen,  that  any  doubts  or  questions 
should  arise,  concerning  the  true  sense  and  understanding  of  any 
word,  clause  or  sentence  contained  in  this  our  present  charter,  we 
will,  ordain  and  command,  that  at  all  times,  and  in  all  things,  such 
interpretation  be  made  thereof,  and  allowed  in  all  and  every  of  our 
courts  whatsoever,  as  lawfully  may  be  adjudged  most  advantageous 
and  favourable  to  the  said  Edward  Earl  of  Clarendon,  George  Duke 
of  Albemarle,  William  Lord  Craven,  John  Lord  Berkley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  William  Berkley,  and  Sir 
John  Colleton,  their  heirs  and  assigns,  although  express  mention  be 
not  made  in  these  presents,  of  the  true  yearly  value  and  certainty  of 
the  premises,  or  any  part  thereof,  or  of  any  other  gifts  and  grants 
made  by  us,  our  ancestors,  or  predecessors,  to  them  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Lord  Craven, 
John  Lord  Berkley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
William  Berkley,  and  Sir  John  Colleton,  or  any  other  person  or  per- 
sons whatsoever,  or  any  statute,  act,  ordinance,  provision,  proclama- 
tion or  restraint,  heretofore  had,  made,  published,  ordained  or  pro- 
vided, or  anv  other  thing,  cause  or  matter,  whatsoever,  to  the  con- 
trary thereof,  in  any  wise  notwithstanding. 

In  Witness,  &c. 

Witness  the  King,  at  Westminster,  the  four  and  twentieth  day  of 
March,  in  the  fifteenth  year  of  our  reign,  (1663.) 

Per  Ipsum  Regem. 


A  DECLARATION  AND  PROPOSALS  OF  THE  LORD  PROPRIETOR  OF 
CAROLINA,  AUG.  25-SEPT.  4,  1663  ^ 

25  Aug.,  1663. 
His  majesty  having  been  graciously  pleased,  by  his  charter  bearing 
date  the  24th  of  March,  in  the  15th  year  of  his  rei^n,  out  of  a  pious 
and  good  intention  for  the  propagation  of  the  Christian  faith  amongst 
the  barbarous  and  ignorant  Indians,  the  enlargement  of  his  empire 
and  dominions,  and  enriching  of  his  subjects,  to  grant  and  confirm 
to  us,  Edward,  earl  of  Clarendon,  high  chancellor  of  England, 
George,  duke  of  Albemarle,  master  of  his  majesty's  horse  and  captain- 
general  of  all  his  forces,  William,  Lord  Craven,  John,  Lord  Berkeley, 

oText   in  the  Colonial  Records  of  North  Carolina,   Edited  by  William  C. 
Saunders,  (Raleigh,  1886)  Vol.  I,  pp.  43-46. 


2754  North  Carolina— 1663 

Anthony,  Lord  Ashley,  chancellor  of  his  majesty's  exchequer,  Sir 
George  Carteret,  knight  and  baronet,  vice-chamberlain  of  his  maj- 
esty's household,  William  Berkeley,  knight,  and  Sir  John  Colleton, 
knight  and  baronet,  and  all  that  territory  or  tract  of  ground  with  the 
islands  and  islets  situate,  lying,  and  being  in  his  dominions  in 
America,  extending  from  the  north  end  of  the  island  called  Lucke 
Island,  which  lieth  in  the  Southern  Virginia  sea,  and  within  36  de- 
grees of  the  northern  latitude,  and  to  the  west  as  far  as  the  South 
seas,  and  so  southwardly  as  far  as  the  river  St.  Matthias,  which 

bordereth  upon  the  coast  of  Florida,  and  within degrees  of  the 

northern  latitude ;  in  pursuance  of  which  grant,  and  with  a  clear  and 
good  intention  to  make  those  parts  useful  and  advantageous  to  his 
majesty  and  his  people;  we  do  hereby  declare  and  propose  to  all  his 
majesty's  loving  subjects  wheresoever  abiding  or  residing,  and  do 
hereby  engage  inviolably  to  perform  and  make  good  those  ensuing 
proposals  in  such  manner  as  the  first  undertakers  of  the  first  settle- 
ment shall  reasonable  desire. 

1.  If  the  first  colony  will  settle  on  Charles  River  near  Cape  Fear, 
which  seems  to  be  desired,  it  shall  be  free  for  them  to  do  so  on  the 
larboard  side  entering  [south  side] .  If  in  any  other  of  the  territory, 
then  to  choose  either  side,  if  by  a  river;  we  reserving  to  ourselves 
twenty  thousand  acres  of  land,  to  be  bounded  and  laid  out  by  our 
agents  in  each  settlement,  in  such  places  as  they  shall  see  fit,  and  in 
such  manner  that  the  colony  shall  not  be  thereby  incommoded  or 
weakened;  which  we  intend  by  our  agents  or  assignees  in  due  time 
to  settle  and  plant,  they  submitting  to  the  government  of  that  colony. 

2.  That  the  first  colony  may  have  power,  when  desired,  at  their  own 
charge  to  fortify  the  entrance  of  the  river,  as  also  the  sea-coast  and 
island;  they  engaging  to  be  true  and  faithful  to  his  majesty,  his 
heirs  and  successors,  by  some  oath  or  engagement  of  their  own 
framing. 

3.  That  the  undertakers  of  that  settlement  do,  before  they  or  any 
of  them  repair  thither  to  settle,  present  to  us  thirteen  persons  of  those 
that  intend  to  go,  of  which  number  we  shall  commissionate  one  to  be 
Governor,  for  three  years  from  the  date  of  his  commission,  and  six 
more  of  the  thirteen  to  be  of  his  council,  the  major  part  of  which 
number,  the  Governor  or  his  deputy  to  be  one,  to  govern  for  the 
time  aforesaid;  and  will  also  nominate  successors  to  the  Governor, 
who  shall  be  of  the  six  councillors  aforesaid,  to  succeed  in  the  govern- 
ment, in  case  of  death  or  removal ;  and  likewise  councillors  out  of  the 
remaining  six  of  the  thirteen  to  succeed  in  case  of  death  or  removal 
of  any  of  the  councillors,  and  after  the  expiration  of  the  first  three 
years,  and  so  successively  for  every  three  years.  Upon  or  before  the 
25th  day  of  March,  before  the  expiration  of  the  time  of  the  Governor 
in,  being  a  new  presentment  by  the  freeholders  of  the  colony,  or  by 
such  persons  as  they  shall  constitute,  to  be  made  of  the  thirteen  per- 
sons, four  of  which  shall  consist  of  those  that  shall  be  in  the  govern- 
ment at  the  time  of  the  election  of  the  thirteen,  out  of  which  we  will, 
upon  or  before  the  10th  day  of  April  following  declare  and  com- 
missionate a  Governor  and  six  councillors  with  their  respective  suc- 
cessors in  case  and  manner  as  aforesaid. 

4.  We  shall,  as  far  as  our  charter  permits  us,  empower  the  major 
part  of  the  freeholders,  or  their  deputies  or  assembly-men,  to  be 


Ncyrth  Carolina— 1663  2755 

by  them  chosen  out  of  themselves,  viz :  two  out  of  every  tribe,  divi- 
sion, or  parish,  in  such  manner  as  shall  be  agreed  on,  to  make  their 
own  laws,  by  and  with  the  advise  and  consent  of  the  Governor  and 
council,  so  as  they  be  not  repugnant  to  the  laws  of  England,  but,  as 
near  as  may  be,  agreeing  with  them  in  all  civil  affairs,  with  submisT 
sion  to  a  superintendency  of  a  general  council,  to  be  chosen  out  -of 
every  government  of  the  province,  in  manner  as  shall  be  agreed  on 
for  the  common  defence  of  the  whole ;  which  laws  shall,  Avithin  one 
year  after  publication,  be  presented  to  us  to  receive  our  ratification, 
and  to  be  in  force  until  said  ratification  be  desired  and  by  us  certi- 
fied; but  if  once  ratified,  to  continue  until  repealed  by  the  same 
power,  or  by  time  expired. 

5.  We  will  grant,  in  as  ample  manner  as  the  undertakers  shall 
desire,  freedom  and  liberty  of  conscience  in  all  religious  or  spiritual 
things,  and  to  be  kept  inviolably  with  them,  we  having  power  in  our 
charter  so  to  do. 

6.  We  will  grant  the  full  benefit  of  these  immunities  to  the  under- 
takers and  settlers  which,  by  the  charter,  is  granted  to  us  (for  our 
services  to  his  majesty)  in  relation  to  freedom  of  customs,  of  tools 
of  all  sorts  useful  there,  to  be  exported  from  England  for  the  plant- 
ers' use;  and  of  certain  growths  of  the  plantations,  as  wine,  oil, 
raisins  of  all  sorts,  Olivers,  capers,  wax,  currants,  almonds,  and  silks, 
to  be  imported  into  any  of  his  majesty's  dominions  for  seven  years 
for  each  commodity,  after  four  tons  of  every  respective  species  is 
imported  as  aforesaid  in  one  bottom. 

7.  We  will  grant  to  every  present  undertaker  for  his  own  head,  one 
hundred  acres  of  land,  to  him  and  his  heires  forever,  to  be  held  in  free 
and  common  soccage;  and  for  every  man-servant  that  he  shall  bring 
or  sent  thither,  that  is  fit  to  bear  arms,  armed  with  a  good  firelock 
musket,  performed  bore,  twelve  bullets  to  the  pound,  and  with  twenty 
pounds  of  powder  and  twenty  pounds  of  bullets,  fifty  acres  of  land ; 
and  for  every  woman-servant  thirty  acres ;  and  to  every  man-servant 
that  shall  come  within  that  time,  ten  acres  after  the  expiration  of  his 
time;  and  to  every  woman-servant  six  acres  after  the  expiration  of 
her  time. 

Note  that  we  intend  not  hereby  to  be  obliged  to  give  the  i^ro- 
portions  of  lands  above  mentioned  to  masters  and  servants,  longer 
than  in  the  first  five  years,  to  commence  at  the  beginning  of  the  first 
settlement. 

8.  We  will  enjoin  the  Governor  and  council  to  take  care  that  there 
be  always  one  man  armed  and  provided  as  aforesaid  in  the  colony, 
for  every  fifty  acres  which  we  shall  grant,  and  that  there  be  a  sup- 
ply to  make  up  the  number  in  case  of  death  or  quitting  the  colony 
by  the  owners  of  said  lands  within  twelve  months  after  giving  notice 
of  the  defect. 

In  consideration  of  the  premises,  we  do  expect  by  way  of  acknowl- 
edgment, and  towards  the  charge  we  have  been  and  shall  be  at,  one 
halp-penny  for  every  acre  that  shall  be  granted  as  aforesaid,  within 
the  time  before  limited  and  expressed;  and  that  the  court-houses 
and  houses  for  public  meetings  be  erected  by  the  public  moneys  of 
the  colony  on  the  lands  taken  up  by  us;  but  to  be  and  continue  to  the 
country's  use  forever,  they  paying  some  small  acknowledgement. 

Given  under  our  hands  this  twenty-fifth  day  of  August,  Anno 
Domini,  1663. 

7254— VOL  5—09 15 


2756  North  Carolina— 1665 


CONCESSIONS  AND  AGREEMENTS  OF  THE  LORDS  PROPRIETORS  OF 
THE  PROVINCE  OF  CAROLINA,  1665  « 

The  Concessions  and  Agreement  of  the  Lords  Propryators  of  the 
Province  of  Carolina  to  and  with  the  adventurers  of  the  Island  of 
Barbados  and  their  associates  of  England  New  England  the  Car- 
ribbia  Islands  and  Barmothos  to  the  Province  of  Carolina  and  all 
that  shall  plant  there  In  order  to  the  setling  and  planting  of  the 
Countye  of  Clarendine  the  County  of  Albermarle  and  the  County 
which  latter  is  to  bee  to  the  southward  or  westward  of  Cape  Romania 
all  within  the  Province  aforesaid. 

1.  Imp^'^  Wee  doe  consent  and  agree  that  the  Governor  of  each 
County  hath  poAver  by  the  advise  of  his  Councill  to  depute  one  in 
his  place  and  Authority  in  case  of  death  or  removall  to  continue 
untill  our  further  order  unless  wee  have  commissionated  one  before. 

2.  Item  That  he  hath  likewayes  power  to  choyce  of  and  to  take 
to  him  six  Councillors  at  least  or  twelve  at  moast  or  any  even  Num- 
ber between  six  and  twelve  with  whose  advise  and  consent  or  with 
at  least  three  of  the  six  or  fower  of  a  greater  Number  all  being 
summoned  he  is  to  govern  according  to  the  Lymitacons  and  Instruc- 
tions following  during  our  pleasure ; 

3.  Item  That  the  chiefe  Registers  or  Secretarys  w^hich  wee  have 
chosen  or  shall  chuse  wee  fayling  that  hee  shall  chuse  shall  keepe 
exact  entereyes  in  faire  bookes  of  all  publicke  affaires  of  the  said 
Countyes  and  to  avoyde  deceiptes  and  lawsuits  shall  record  and 
enter  all  Graunts  of  Land  from  the  Lords  to  the  planter  and  all 
conveyances  of  Land  howse  or  howses  from  man  to  man,  As  alsoe 
all  leases  for  Land  howse  or  howses  made  or  to  be  made  by  the 
Landlord  to  any  tenant  for  more  than  one  yeare,  which  conveyance 
or  Lease  shalbe  first  acknowledged  by  the  Granf  or  Leasor  or 
proved  by  the  oath  of  two  witnesses  to  the  conveyance  or  Lease 
before  the  Governor  or  some  Cheife  Judge  of  a  Court  for  the  time 
being  w^hoe  shall  under  our  hand  us  grant  upon  the  backside  of  the 
said  deeds  or  Lease  attest  the  acknowledgement  or  proof e  as  afore- 
said which  shalbe  our  grant  for  the  Registers  to  record  the  same 
which  Conveyance  or  Lease  soe  recorded  shalbe  good  and  effectual 
in  Law  notwithstanding  any  other  conveyance  deede  or  Lease  for 
the  said  Land  howse  or  howses  or  for  any  part  there  although  dated 
before  the  Conveyance  deede  or  Lease  soe  recorded  as  aforesaid  And 
the  said  Registers  shall  doe  all  other  thing  or  things  that  wee  by 
our  instructions  shall  direct  and  y®  Governors  Councell  and  Assem- 
bly shall  ordaine  for  the  good  and  wellf aire  of  the  said  Countyes ; 

4.  Item  That  the  surveyor  Gen"  that  Avee  have  chosen  or  shall 
chuse  w^ee  fayling  that  the  Governor  shall  chuse,  shall  have  power 
by  himself  or  Deputy  to  survey  ley  out  and  bound  all  such  Lands 
as  shalbe  granted  from  the  Lords  to  the  Planters  (and  all  other 
Lands  within  the  said  Countyes  &c  which  may  concerne  particular 
men  as  he  shalbe  desired  to  doe)  And  a  particular  thereof  certifie 
to  the  Registers  and  Surveyors  or  either  of  them  shall  soe  misbehave 
themselves  as  that  the  Governor  and  Councill  or  Deputy  Governor 

oText  in  the  Colonial  Records  of  North  Carolina.  Vol.  I.,  pp.  79-86. 
(Raleigh,  1886). 


North  Carolina— 1665  2757 

and  Council!  or  the  maj^  pte  of  them  shall  finde  it  reasonable  to 
suspend  their  Actings  in  their  respective  Imployments  it  shalbe  law- 
ful for  them  soe  to  doe  untill  further  order  from  us ; 

5.  Item  That  all  choise  of  officers  made  by  the  Governor  shalbe  for 
noe  longer  time  then  during  our  pleasure ; 

6.  Item  That  the  Governors  Councillors  Assemblymen  Secretarys 
Surveyors  and  all  other  officers  of  trust  shall  sware  or  subscribe  (in 
a  booke  to  be  j^rovided  for  that  purpose)  that  they  will  bare  trew 
allegance  to  the  King  of  England  his  heires  and  successors  and  that 
they  Avilbe  faithfull  to  the  Interest  of  the  Lords  Propryat"  of  the 
said  Province  and  their  heires  executors  and  assignes  and  evdeavor 
the  peace  and  wellfaire  of  the  said  Province  and  that  they  will  trewly 
and  faithfully  discharge  their  respective  trusts  in  their  respective 
offices  and  doe  equall  justice  to  all  men  according  to  their  best  skill 
and  judg™*^  without  corruption  favor  or  affection,  and  the  names  of 
all  that  have  sworne  or  subscribed  to  be  entred  in  a  booke;  And 
whosoever  shall  subscribe  and  not  sware,  and  shall  vyolate  his  pro- 
mis  in  that  Subscription  shalbe  lyable  to  the  same  punishm^  that 
the  persons  are  or  may  be  that  have  sworne  and  broken  their  oathes ; 

7.  Item  That  all  persons  that  are  or  shalbecome  subjects  to  the 
King  of  England  and  sware  or  subscribe  allegiance  to. the  King  and 
faithfulness  to  the  Lords  as  above  shalbe  admitted  to  plant  and  be- 
come freemen  of  the  Province  and  enjoy  the  freedomes  and  Immuni- 
tyes  hereafter  exprest  until  some  stop  or  Contradiccon  be  made  by  us 
the  Lords  or  else  by  the  Governor  Councill  and  Assembly  w^^  shalbe 
in  force  untill  the  Lords  see  Cause  to  the  Contrary  provided  y*  such 
stop  shall  not  anywayes  prejudice  y^  right  or  Continewance  of  any 
person  that  hath  beene  rec"^  before  such  stop  or  order  come  from  the 
Lords  or  Gen"  Assembly. 

8.  Item  That  noe  person  or  persons  quallifyed  as  ^foresaid  within 
the  Province  or  all  or  any  of  the  County es  before  exprest  at  any 
time  shalbe  anywayes  molested  punished  disquieted  or  called  in 
question  for  any  differences  in  opinion  or  practice  in  matters  of  reli- 
gious concernment  whoe  doe  not  actually  disturbe  the  civill  peace  of 
the  said  Province  or  Countyes  byt  that  all  and  every  such  person  and 
persons  from  to  time  and  at  all  times  freely  and  fully  have  and 
enjoye  his  and  their  judgements  and  contiences  in  matf^  of  religion 
throughout  all  the  s^  Province  they  behaving  themselves  peaceably 
and  quietly  and  not  using  this  Liberty  to  Lycentiousness  nor  to  the 
Civill  Injury  or  outward  disturbance  of  others,  any  Law  statute  or 
clause  conteyned  or  to  be  conteyned  usuage  or  custom  of  this  realme 
of  England  to  the  contrary  hereof  in  anywise  notwithstanding. 

9.  Item  That  noe  pretence  may  be  taken  by  us  our  heries  or  assignes 
for  or  by  reason  of  o""  right  of  patronage  and  poW  of  advowson 
graunted  unto  us  by  his  Maj*'^"*  Letters  patten ts  aforesaid  to  in- 
fringe thereby  y^  Gen"  clause  of  Liberty  of  Contience  aforemenconed 
We  doe  hereby  graunt  unto  the  Gen"  assemblyes  of  y®  sev"  Countyes 
power  by  act  to  constitute  and  appoint  such  and  soe  many  Ministers 
or  preach"^^  as  they  shall  thinke  fitt,  and  to  establish  their  main- 
tenance Giving  LiJDerty  besides  to  any  person  or  persons  to  keepe 
and  mainteyne  w*  preachers  or  Ministers  they  please. 

10.  Item  That  the  inhabitants  being  freemen  or  chiefe  agents  to 
others  of  y®  Counties  afores*  doe  as  soone  as  this  our  Comission  shall 
arrive  by  virtue  oi  a  writt  in  our  names  by  the  Governor  to  be  for  y* 


2758  North  Carolina— 1665 

present  (untill  our  seale  comes)  sealed  and  syned  make  choice  of 
twelve  Deputyes  or  representatives  from  amongst  themselves  whoe 
being  chosen  are  to  joyne  with  him  the  s"^  Governor  and  Councill  for 
the  makeing  of  such  Lawes  Ordinances  and  Constitutions  as  shalbe 
necessary  for  the  present  good  and  welfare  of  the  severall  Countyes 
afores^  but  as  soone  as  Parishes  Divisions  tribes  or  districcons  of  y^ 
said  Countyes  are  made  that  then  y^  Inhabitants  or  Freeholders  of  the 
sev"  and  respective  Parishes  Tribes  Divisions  or  Districcons  of  the 
Countyes  afores^  doe  (by  our  writts  under  our  Seale  w^^  wee  Ingage 
shalbe  in  due  time  issued)  annually  meete  on  j^  first  day  of  January 
and  chuse  freeholders  for  each  respective  denizon  Tribe  or  parish 
to  be  j^^  Deputyes  or  representatives  of  y^  same,  which  body  of  Repre- 
sentatives or  y^  Maj'"  parte  of  them  shall  w*^  the  Governor  and  Coun- 
cill afores*^  by  y^  Gen"  Assembly  of  the  County  for  which  they  shalbe 
chosen,  the  Governor  or  his  Deputy  being  present  unless  they  shall 
wilfully  refuse  in  w^^  case  they  may  appoint  themselves  a  president 
during  the  absence  of  the  Governor  or  his  Deputy  Governor. 
Which  Assembly es  are  to  have  power. 

1.  Item  To  appoint  their  own  times  of  meeting  and  to  adjorne  their 
sessions  from  time  to  time  to  such  times  and  places  as  they  shall  thinke 
Convenient  as  alsoe  to  ascertaine  y^  Number  of  their  Quorum  Pro- 
vided that  such  members  be  not  less  than  y®  third  p^^  of  the  whole  in 
whome  or  more  shalbe  y®  full  power  of  the  Generall  Assembly  (viz*) 

2.  Item  To  enact  and  make  all  such  Lawes  Acts  and  Constitutions 
as  shalbe  necessary  for  the  well  Government  of  y®  County  for  w^^ 
they  shalbe  chosen  and  them  to  repeale  provided  that  the  same  be 
consonant  to  reason  and  as  near  as  they  may  be  conveniently  agre- 
able  to  the  Lawes  and  Customes  of  his  Maj**^^  Kingdom  of  England 
provided  alsoe  that  they  be  not  against  y®  Interest  of  us  the  Lords 
Propryators  our  heires  or  assignes  nor  any  of  these  our  present  con- 
cessions Espetially  that  they  be  not  against  the  Article  for  Liberty 
of  Contience  abovemenconed,  which  Lawes  &c  soe  made  shall  receave 
publication  from  the  Governor  and  Councill  (but  as  the  Lawes  of  us 
and  our  Gen"  Assembly)  and  be  in  force  for  the  space  of  one  yeare 
and  a  halfe  and  noe  more;  Unless  contradicted  by  the  Lords  Pro- 
pryators within  which  time  thay  are  to  be  presented  to  us  our  heries, 
&c,  for  our  ratification  and  being  confirmed  by  us  they  shalbe  in  con- 
tinuall  force  till  expired  by  their  owne  Limitacon  or  by  Act  of 
Repeale  in  like  manner  as  af  ores*^  to  be  passed  and  confirmed ; 

3.  Item  by  act  as  afores^  to  constitute  all  Courts  for  their  respective 
Countyes,  together  w*^  y®  Lymitts  powers  and  jurisdiccons  of  y®  said 
Courts  as  also  y®  severall  offices  &  Number  of  Officers  belonging  to 
each  of  the  s<^  respective  Courts  together  with  their  severall  and 
respective  salleryes  fees  and  perquisites  Theire  appellations  and 
dignities  with  the  penalltyes  that  shalbe  due  to  them  for  breach  of 
their  severall  and  respective  dutyes  and  Trusts. 

4.  Item  by  act  as  afores^  to  ley  equall  taxes  and  assessments  equally 
to  rayse  Moneyes  or  goods  upon  all  Lands  (excepting  the  lands  of  us 
the  Lords  Propryators  before  setling)  or  persons  within  the  severall 
precincts  Hundreds  Parishes  Manors  or  whatsoever  other  denizons 
shall  Jiereafter  be  made  and  established  in  y®  said  Countyes  as  oft  as 
necessity  shall  require  and  in  such  manner  as  to  them  shall  seeme 
most  equall  and  easye  for  y®  s*^  Inhabitants  in  order  to  the  better 


North  Carolina— 1665  2759 

supporting  of  the  publicke  Charge  of  the  said  Government,  and  for 
the  miituaall  safety  defense  and  security  of  y^'Countyes. 

5.  Item  by  act  as  af<5res^  to  erect  within  y®  said  Countyes  such  soe 
many  Barony es  and  Manors  with  their  necessary  Courts,  jurisdiccons 
freedomes  and  priviledges  as  to  them  shall  seeme  convenient,  as  alsoe 
to  devide  y®  s^  Countyes  into  Hundreds  Parishes  Tribes  or  such  other 
denizons  and  districcons  as  they^  shall  thinke  fitt  and  the  said  Divi- 
sions to  distinguish  by  what  names  we  shall  order  or  direct,  and  in 
default  thereof  by  such  names  as  they  please  As  also  within  any  part 
of  y®  said  Countyes  to  create  and  appoint  such  and  soe  many  harbours 
Creekes  and  other  places  for  y^  convenient  ladeing  and  unlading  of 
goods  and  merchandize  out  of  shipps,  boates  and  other  vessells  as 
they  shall  see  expedient  with  such  jurisdiccons  priveledges  and 
francheses  to  such  ports  &c  belonging  as  they  shall  judge  most  con- 
venient to  the  gen^  good  of  y®  said  plantacon  or  Countyes. 

6.  Item  by  these  enacting  to  be  confirmed  as  afores"^  to  erect  rayse 
and  build  within  the  s**  Countyes  or  any  part  thereof  such  and  soe 
many  Forts  Fortresses  Castles  Cittyes  Corporacons  Borroughs 
Townes  Villages  and  other  places  of  strenkt  and  defence  and  them 
or  any  of  them  to  incorporate  with  such  Charters  and  priveledges 
as  to  them  shall  seeme  good  and  our  Charter  will  permit  and  the 
same  or  any  of  them  to  fortifie  and  furnish  w^ith  such  Proportions  of 
ordinance  powder  shott  Armor  and  all  other  Weapons  Ammunition 
and  Habillaments  of  warr  both  offensive  and  defensive  as  shalbe 
thought  necessary  and  convenient  for  the  safety  and  welfare  of  y® 
s^  Countyes,  but  th~ey  may  not  at  any  time  demolish  dismantle  or  dis- 
furnish  the  same  without  the  consent  of  the  Governor  and  the  Major 
parte  of  the  Councill  of  the  County  where  such  Forts  Fortresses  &c. 
shalbe  erected  and  built. 

7.  Item  by  act  as  a  fores'*  to  constitute  trayne  bands  and  Company  s 
with  the  number  of  souldiers  for  the  safety  strength  and  defence  of 
the  said  Countyes  and  Province  and  of  the  Forts  Castles  Cityes  &c  to 
suppress  all  meutinyes  and  Rebellions.  To  make  warr  offensive  and 
defensive  with  all  Indians  Strangers  and  Foraigners  as  they  shall  see 
cause  and  to  persue  any  Enemy  by  sea  as  well  as  by  land  if  need  be 
out  of  y®  Lymitts  and  Jurisdiccons  of  y®  s''  County  with  the  perticcu- 
ler  consent  of  the  Governor  and  under  the  Conduct  of  our  Lent :  Gen : 
or  Commander  in  Cheife  or  whome  he  shall  appoint. 

8.  Item  by  act  as  afores**  to  give  unto  all  strangers  as  to  them  shall 
seeme  meete  a  Naturalizion  and  all  such  freedomes  and  priveledges 
within  the  s**  Countyes  as  to  his  Maj"®^  subjects  doe  of  right  belong 
they  swearing  or  subscribing  as  afores^  w^^  said  strangers  soe  natural- 
lized  and  priveledged  shall  alsoe  have  the  same  Imunityes  from  Cus- 
tomes  as  is  granted  by  the  Kinge  to  us  and  by  us  to  y®  said  Countyes 
and  shall  not  be  lyable  to  any  other  Customes  then  the  rest  of  his 
Maj"^^  subjects  in  the  s^  Counties  are  but  be  in  all  respects  accompted 
in  the  Province  and  Countyes  aforesaid  as  the  King's  naturall 
subjects. 

9.  Item  by  act  as  afores^  to  prescribe  y®  quantities  of  land  which 
shalbe  from  time  to  time  alotted  to  eavery  free  or  Sarv^  male  or 
female  and  to  make  and  ordaine  Rules  for  the  casting  of  Lotts  for 
Land  and  leying  out  of  y^  same  provided  y*  these  doe  not  their  said 
prescriptions  exceed  y®  severall  proportions  which  are  hereby  graunted 


2760  North  Carolina— 1665 

by  us  to  all  persons  arriveing  in  the  said  Countyes  or  adventuring 
theither ; 

10.  Item  the  Gen"  Assembly  by  act  as  afores^  shall  make  provision 
for  the  maintenance  and  Support  of  the  Governor  and  for  the  defray- 
ing for  all  necessary  Charges  of  the  Government  as  alsoe  that  the 
Cunstables  of  the  respective  Countyes  shall  collect  the  halfe  penny 
per  acre  payable  to  y^  Lords  in  theire  Countyes  and  pay  y^  same  to 
y®  receavor  y*  y®  Lords  shall  appoint  to  receave  the  same  unless  y® 
s"*  Generall  Assembly  shall  prescribe  some  other  way  whereby  the 
Lords  may  have  their  rents  duely  collected  w'^^'out  charge  or  trouble  to 
them. 

11.  Lastly  to  enact  constitute  and  ordaine  all  such  other  Lawes 
actes  and  constitutions  as  shall  or  may  be  necessary  for  the  good 
prosperity  and  setlement  of  y®  said  Countyes  excepting  w^  by  these 
pesents  are  excepted  and  conformeing  to  Limitacons  herein  exprest, 

The  Governors  are  with  the  Councill  before  exprest : 

1.  Item  to  see  that  all  Courts  established  by  the  Lawes  of  y® 
Gen"  Assembly  and  all  Ministers  and  offices  Civill  or  Military  doe 
and  execute  their  severall  dutyes  and  offices  respectively  according 
to  the  Lawes  in  force  and  to  punish  them  from  swerveing  from  the 
Lawes  or  acting  contrary  to  their  trust  as  the  nature  of  their  offence 
shall  require. 

2.  Item  according  to  the  constitutions  of  the  Gen"  Assembly  to 
nominate  and  comissionate  the  severall  Judges,  Members  and  Offi- 
cers of  Courts  wheither  Majistraticall  or  Ministeriall  and  all  other 
civill  officers  as  Justices  Coroners  &c  the  Comissions  and  powders  and 
Privrledges  to  revoake  at  pleasure  provided  that  they  appoint  none 
but  such  as  are  freeholders  in  the  Countyes  afores*^  unless  the  Gen- 
erall Assembly  consent ; 

3.  Item  according  to  the  constitutions  of  the  Gen"  Assembly  to 
appoint  Courts  and  officers  in  Cases  Cryminall  and  to  impower  them 
to  inflict  penaltyes  upon  offenders  against  any  of  y*^  said  Lawes  in 
force  in  y®  said  Countyes  as  y®  said  Lawes  shall  ordaine  wheither  by 
fine  Imprisonment  Banishm*  corporall  punishm*^  or  to  y®  taking  away 
of  member  of  or  Life  itselfe  if  there  be  cause  for  it. 

4.  Item  to  place  officers  and  soldiers  for  the  safety  strenkt  and 
defence  of  the  Forts  Castles  Cittyes  &c  according  y^  number  appointed 
by  the  Gen"  Assembly  to  nominate  place  and  commissionate  all  mili- 
tary officers  under  y®  dignity  of  y®  Lent :  Gen"  whoe  is  commissionated 
by  us,  over  the  sev"  trayned  bands  and  Companys  constituted  by  y® 
Gen"  Assembly  as  CoUonels  Capts:  &c  and  theire  comissions  to 
revoake  at  pleasure,  y®  Lent:  Gen:  with  the  advise  of  his  Councill 
unless  some  present  danger  will  soe  permit  him  to  advize  to  muster 
and  trayne  all  y®  soldiers  w^^in  the  said  County  of  Countyes  to  prese- 
cute  warr  persue  an  Enemy  suppress  rebePons  and  mewtinies  as 
well  by  sea  as  Land  and  to  exercise  the  whole  Millitia  as  fully  as  by 
our  Letters  pattents  from  the  kinge  wee  can  impower  him  or  them 
to  doe  Provided  y*  they  appoint  noe  Military  officers  but  w*^  are  free- 
holders in  the  s*^  Countyes  unless  y®  Gen"  Assembly  shall  consent. 

5.  Item  where  they  see  cause  after  condemnacon  to  reprieve  untill 
the  Case  may  be  presented  with  a  Coppy  of  y^  whole  tryall  proceed- 
ings and  proof es  to  y^  Lords  who  will  accordingly  eather  pardon  or 
comand  execution  of  y®  sentence  on  the  offender  offender  who  is  in  y® 


North  Carolina— 1665  2761 

meane  time  to  be  kept  in  safe  custody  till  the  pleasure  of  y®  Lords  be 
knowne. 

6.  Item  in  case  of  death  or  other  removall  of  any  of  the  representa- 
tives within  the  yeare  to  issue  summons  by  writt  to  y®  respective  divi- 
sion or  divisions  for  which  he  or  they  were  chosen  comanding  the 
freeholders  of  y®  same  to  chuse  others  in  their  steade ; 

7.  Item  to  make  warrants  and  to  seale  Grants  of  Land  according  to 
theis  our  Concessions  and  the  prescriptions  by  y®  advice  of  y®  Gen^^ 
Assembly  in  such  forme  as  shalbe  at  large  set  down  in  our  Instrucons 
to  y®  Governor  in  his  Comission  and  which  are  hereafter  expressed. 

8.  Item  to  act  and  doe  all  other  thing  or  things  y*  may  conduce  to 
y®  safety  peace  and  well  Government  of  y®  said  Countyes  as  they  shall 
see  fitt  soe  as  they  be  not  contrary  to  y®  Lawes  of  y®  Countyes  afore- 
said; 

For  the  better  security  of  the  proprietyes  of  all  the  Inhabitants. 

1.  Item  they  are  not  to  impose  nor  suffer  to  be  imposed  any  tax  Cus- 
tome  Subsidy  Tallage  Assessment  or  any  other  duty  w^soever  upon 
any  Culler  or  pretence  upon  y®  s^  County  or  Countyes  and  the  Inhab- 
itants thereof  other  then  what  shalbe  imposed  by  y®  Authority  and 
consent  of  y®  Generall  Assembly  and  then  only  in  manner  as  afore- 
said; 

2.  They  are  to  take  care  y®  land  quietly  held  planted  and  possessed 
seaven  yeares  after  its  bing  first  duely  surveyed  by  the  Surveyor 
Generall  or  his  order  shall  not  be  subject  to  any  review  resurvey  or 
alteration  of  bounds  on  w'  pretence  soever  or  by  any  of  us  or  an}^ 
ofiic'^^  or  Ministers  under  us. 

3.  Item  they  are  to  be  taken  care  y*  noe  man  if  his  Catle  straye 
range  or  graze  on  any  ground  w*^in  the  s**  Countyes  not  actually 
appropryated  or  sett  out  to  particuler  persons  shalbe  lyable  to  pay 
any  trespass  for  y®  same  to  us  our  heires  &c  Provided  y'^  Custome  of 
Comons  be  not  thereby  pretended  to;  nor  any  person  hindred  from 
taking  up  and  appropriating  any  Lands  soe  grazed  upon  and  y'  noe 
person  purposely  doe  suffer  his  Catle  to  graze  on  such  land. 

4.  It  is  our  will  and  desire  that  y^  Inhabitants  of  the  said  Countyes 
and  adventurers  theither  shall  enjoye  all  the  same  Immunityes  from 
Customes  for  exporting  certine  goods  from  these  Realmes  of  Eng- 
land &c  theither  as  y®  Kinge  hath  been  graciously  pleased  to  graunt 
to  us  as  alsoe  for  y^  Incorragement  of  the  Manufact"^  of  wine  silke 
oyle  ollives  fruite  almonds  &c.  menconed  in  the  pattent  have  prive- 
ledge  for  bringing  them  Custome  free  into  any  or  his  Maj"^^  domin- 
ions for  y®  same  time  and  upon  y®  same  tearmes  as  we  ourselves  may 
by  our  Pattent.* 


CHARTER  OF  CAROLINA— 1665  * 

Charles  the  Second,  by  the  grace  of  God,  of  Great  Britain,  France 
and  Ireland,  King,  Defender  of  the  Faith,  &c.  WHEREAS,  by  our 
Letters  Patents,  bearing  date  the  twenty-fourth  day  of  March,  in  the 

*  North  Carolina  Colonial  Records,  pp.  102-114. 
o  The  remaining  articles  of  the  Concessions  relate  to  the  distribution  of  land, 
land  titles,  etc. 


2762  North  Carolina— 1665 

fifteenth  year  of  our  reign,  We  were  graciously  pleased  to  grant  unto 
our  right  trusty  and  right  well-beloved  Cousin  and  Counsellor  Ed- 
ward Earl  of  Clarendon,  our  High  Chancellor  of  England ;  our  right 
trusty  and  entirely  beloved  Cousin  and  Counsellor  George  Duke  of 
Albemarle,  Master  of  our  Horse;  our  right  trusty  and  well-beloved 
William  now  Earl  of  Craven;  our  right  trusty  and  well-beloved 
Counsellor  John  Lord  Berkeley;  our  right  trusty  and  well-beloved 
Counsellor  Anthony  Lord  Ashley,  Chancellor  of  our  Exchequer ;  our 
right  trusty  and  well-beloved  Counsellor  Sir  George  Carteret,  Knight 
and  Baronet,  Vice-Chancellor  of  our  Household ;  our  right  trusty 
and  well-beloved  Sir  John  Colleton,  Knight  and  Baronet;  and  Sir 
William  Berkeley,  Knight;  all  that  province,  territory,  or  tract  of 
ground,  called  Carolina,  situate,  lying  and  being  within  our  dominions 
of  America ;  extending  from  the  north  end  of  the  island  called  Luke- 
Island,  which  lieth  in  the  Southern  Virginia  seas,  and  within  thirty- 
six  degrees  of  north  latitude;  and  to  the  west,  as  far  as  the  South- 
Seas;  and  so  respectively  as  far  as  the  river  of  Matthias,  which 
bordereth  upon  the  coast  of  Florida,  and  within  thirty-one  degrees 
of  north  latitude;  and  so  west,  in  a  direct  line,  as  far  as  the  South- 
Seas  aforesaid. 

Now  Know  ye.  That  We,  at  the  humble  request  of  the  said  grantees, 
in  the  aforesaid  Letters  Patents  named,  and  as  a  further  mark  of  our 
especial  favour  to  them,  we  are  graciously  pleased  to  enlarge  our 
said  grant  unto  them,  according  to  the  bounds  and  limits  hereafter 
specified,  and  in  favour  to  the  pious  and  noble  purpose  of  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkely,  their  heirs  and 
asigns,  all  that  province,  territory  or  tract  of  land,  situate,  lying  and 
being  within  our  dominions  of  America  aforesaid;  extending  north 
and  eastward,  as  far  as  the  north  end  of  Currituck  river  or  inlet,  upon 
a  strait  westerly  line  to  Wyonoak  creek,  which  lies  within  or  about 
the  degrees  of  thirty-six  and  thirty  minutes,  northern  latitude ;  and  so 
west,  in  a  direct  line,  as  far  as  the  South-Seas;  and  south  and  west- 
ward, as  far  as  the  degrees  of  twenty-nine,  inclusive,  of  northern 
latitude;  and  so  west,  in  a  direct  line,  as  far  as  the  South-Seas;  to- 
gether with  all  and  singular  the  ports,  harbours,  bays,  rivers  and 
inlets,  belonging  unto  the  province  or  territory  aforesaid :  And  also, 
all  the  soils,  lands,  fields,  woods,  mountains,  ferms,  lakes,  rivers,  bays 
and  islets,  situate  or  being  within  the  bounds  or  limits  last  before 
mentioned;  with  the  fishings  of  all  sorts  of  fish,  whales,  sturgeons, 
and  all  other  royal  fish,  in  the  sea,  bays,  islets  and  rivers,  within  the 
premises,  and  the  fish  therein  taken,  together  with  the  royalty  of  the 
sea  upon  the  coast  within  the  limits  aforesaid;  and  moreover  all 
veins,  mines  and  quarries,  as  well  discovered  as  not  discovered,  of 
gold,  silver,  gems  and  precious  stones,  metal,  or  any  other  thing, 
found,  or  to  be  found,  within  the  province,  territory,  islets  and  limits 
aforesaid:  And  furthermore,  the  patronage  and  advowsons  of  all 
the  churches  and  chapels,  which,  as  Christian  religion  shall  increase 
within  the  province,  territory,  isles,  and  limits  aforesaid,  shall  happen 
hereafter  to  be  erected ;  together  with  licence  and  power  to  build  and 
found' churches,  chapels  and  oratories,  in  convenient  and  fit  places, 
within  the  said  bounds  and  limits ;  and  to  cause  them  to  be  dedicated 
and  consecrated,  according  to  the  ecclesiastical  laws  of  our  kingdom 


Ncyrth  Carolina— 1665  2763 

of  England;  together  with  all  and  singular  the  like  and  as  ample 
rights,  jurisdictions,  privileges,  prerogatives,  royalties,  liberties,  im- 
munities, and  franchises  of  what  kind  soever,  within  the  territory, 
isles,  islets  and  limits  aforesaid:  To  have,  hold,  use,  exercise,  and 
enjoy  the  same,  as  amply,  fully  and  in  as  ample  manner,  as  any 
Bishop  of  Durham,  in  our  kingdom  of  England,  ever  heretofore  had, 
held,  used,  or  enjoyed,  or  of  right  ought  or  could  have,  use,  or  enjoy : 
And  them  the  said  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
Berkely,  their  heirs  and  assigns,  we  do,  by  these  presents,  for  us,  our 
heirs  and  successors,  make,  create,  and  constitute,  the  true  and  abso- 
lute Lords  and  Proprietors  of  the  said  province  or  tei'ritory,  and  of  all 
other  the  premises ;  saving  always  the  faith,  allegiance,  and  sovereign 
dominion,  due  to  us,  our  heirs  and  successors,  for  the  same :  To  hold, 
possess,  and  enjoy  the  said  province,  territory,  islets,  and  all  and 
singular  other  the  premises,  to  them  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  AVilliam  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colle- 
ton, and  Sir  William  Berkeley,  their  heirs  and  assigns  forever ;  to  be 
holden  of  us,  our  heirs  and  successors,  as  of  our  manor  of  East- 
Greenwich,  in  Kent,  in  free  and  common  soccage,  and  not  in  capite, 
or  by  Knight's  service :  Yielding  and  paying,  yearly,  to  us,  our  heirs 
and  successors,  for  the  same,  the  fourth  part  of  all  gold  and  silver 
ore,  which,  within  the  limits  hereby  granted,  shall,  from  time  to  time, 
happen  to  be  found,  over  and  besides  the  yearly  rent  of  twenty  marks, 
and  the  fourth  part  of  the  gold  and  silver  ore,  in  and  by  the  said 
written  Letters  Patent  reserved  and  payable. 

AND  that  the  province  or  territory  hereby  granted  and  described, 
may  be  dignified  with  as  large  tythes  and  privileges,  as  any  other 
parts  of  our  dominions  and  territories  in  that  region;  Know  ye, 
That  we,  of  our  further  grace,  certain  knowledge,  and  mere  motion, 
have  thought  fit  to  annex  the  same  tract  of  ground  or  territory  unto 
the  same  province  of  Carolina ;  and  out  of  the  fullness  of  our  royal 
power  and  prerogative,  we  do,  for  us,  our  heirs  and  successors,  annex 
and  unite  the  same  to  the  said  province  of  Carolina. 

AND  forasmuch  as  we  have  made  and  ordained  the  aforesaid 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley^  their 
heirs,  and  assigns,  the  true  Lords  and  Proprietors  of  all  the  province 
or  territory  aforesaid ;  Know  ye  therefore  moreover.  That  we,  repos- 
ing especial  trust  and  confidence  in  their  fidelity,  wisdom,  justice, 
and  provident  circumspection,  for  us,  our  heirs  and  successors,  do 
grant  full  and  absolute  power,  by  virtue  of  these  presents,  to  them 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  and  assigns,  for  the  good  and  happy  government  of  the 
said  whole  province  or  territory,  full  power  and  authority,  to  erect, 
constitute,  and  make  several  counties,  baronnies,  and  colonies,  of  and 
within  the  said  provinces,  territories,  lands,  and  hereditaments.  In 
and  by  the  said  Letters  Patent,  granted,  or  mentioned  to  be  granted, 
as  aforesaid,  with  several  and  distinct  jurisdictions,  powers,  liberties, 


2764  North  Carolina— 1665 

and  privileges :  And  also,  to  ordain,  make,  and  enact,  and  under  their 
seals,  to  publish  any  laws  and  constitutions  whatsoever,  either  apper- 
taining to  the  public  state  of  the  whole  province  or  territory,  or  of 
and  distinct  or  particular  county,  baronny,  or  colony,  or  of  or  within 
the  same,  or  to  the  private  utility  of  particular  persons,  according 
to  their  best  directions,  by  and  with  the  advice,  assent  and  approba- 
tion, of  the  freemen  of  the  said  province  or  territory,  or  of  the  free- 
men of  the  county,  baronny,  or  colony,  for  which  such  law  or  con- 
stitution shall  be  made,  or  the  greater  part  of  them,  or  of  their  dele- 
gates or  deputies,  whom,  for  enacting  of  the  said  laws,  when,  and  as 
often  as  need  shall  require.  We  will,  that  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs  or 
assigns,  shall,  from  time  to  time,  assemble  in  such  manner  and  form 
as  to  them  shall  seem  best;  and  the  same  laws  duly  to  execute,  upon 
all  people  within  the  said  province  or  territory,  county,  baronny, 
or  colony,  or  the  limits  thereof,  for  the  time  being,  which  shall  be 
constituted,  under  the  power,  and  government  of  them  or  any  of 
them,  either  sailing  towards  the  said  province,  or  territory  of  Caro- 
lina, or  returning  from  thence  towards  England,  or  any  other  of  our, 
or  foreign  dominions,  by  imposition  of  penalties,  imprisonment,  or  any 
other  punishment;  yea,  if  it  shall  be  needful,  and  the  quality  of  the 
offence  require  it,  by  taking  away  member  and  life,  either  by  them 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
and  their  heirs,  or  by  them,  or  their  Deputies,  Lieutenants,  Judges, 
Justices,  Magistrates,  or  officers,  whatsoever,  as  well  within  the  said 
province,  as  at  sea,  in  such  manner  and  form  as  unto  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their 
heirs,  shall  seem  most  convenient :  And  also,  to  remit,  release,  pardon, 
and  abolish,  whether  before  judgment  or  after,  all  crimes  and  offences 
whatsoever  against  the  said  laws ;  and  to  do  all  and  every  thing  and 
things,  which,  unto  the  compleat  establishment  of  justice,  unto  courts, 
sessions,  and  forms  of  judicature,  and  manners  of  proceeding  therein, 
do  belong,  although  in  these  presents  express  mention  is  not  made 
thereof;  and  by  Judges  to  him  or  them  delegated,  to  award  process, 
hold,  pleas,  and  determine,  in  all  the  said  courts  and  places  of  judi- 
cature, all  actions,  suits,  and  causes  whatsoever,  as  well  criminal  as 
civil,  real,  mixt,  personal,  or  of  any  other  kind  or  nature  whatsoever : 
Which  laws  so  as  aforesaid  to  be  published,  our  pleasure  is,  and  we 
do  enjoin,  require,  and  command,  shall  be  absolutely  firm  and  avail- 
able in  law ;  and  that  all  the  liege  people  of  us,  our  heirs  and  suc- 
cessors, within  the  said  province  or  territory,  do  observe  and  keep 
the  same  inviolably  in  those  parts,  so  far-  as  they  concern  them,  under 
the  pains  and  penalties  therein  expressed,  or  to  be  expressed:  Pro- 
vided nevertheless^  That  the  said  laws  be  consonant  to  reason,  and  as 
near  as  may  be  conveniently,  agreeable  to  the  laws  and  customs  of 
this  our  realm  of  England. 

AND  because  such  assemblies  of  freeholders  cannot  be  so  suddenly 
called  as  there  may  be  occasion  to  require  the  same,  we  do  therefore. 


North  Carolina— 1665  2765 

by  these  presents,  give  and  grant  unto  the  said  Edward  Earl  of  Clar- 
endon, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John 
Colleton,  and  Sir  William  Berkeley,  their  heirs  and  assigns,  by  them- 
selves, or  their  magistrates,  in  that  behalf  lawfully  authorised,  full 
power  and  authority,  from  time  to  time,  to  make  and  ordain  fit  and 
wholesome  orders  and  ordinances  Avithin  the  province  or  territory 
aforesaid,  or  any  county,  baronny,  or  province,  within  the  same,  to  be 
kept  and  observed,  as  well  for  the  keeping  of  the  peace,  as  for  the 
better  government  of  the  people  there  abiding,  and  to  publish  the  same 
to  all  to  whom  it  may  concern :  Which  ordinances  we  do,  by  these  pres- 
ents, straitly  charge  and  command  to  be  inviolably  observed  within 
the  same  province,  counties,  territories,  baronnies  and  provinces,  under 
the  penalties  therein  expressed ;  so  as  such  ordinances  be  reasonable, 
and  not  repugnant  or  contrary,  but  as  near  as  may  be,  agreeable  to 
the  laws  and  statutes  of  this  our  kingdom  of  England ;  and  so  as  the 
same  ordinances  do  not  extend  to  the  binding,  charging,  or  taking 
away  the  right  or  interest  of  any  person  or  persons,  in  their  freehold, 
goods,  or  chattels,  whatsoever. 

AND  to  the  end  the  said  province  or  territory  may  be  the  more 
happily  increased,  by  the  multitude  people  resorting  thither,  and 
may  likewise  be  the  more  strongly  defended  from  the  incursions  of 
savages,  and  other  enemies,  pirates  and  robbers ;  therefore,  we,  for  us, 
our  heirs  and  successors,  do  give  and  grant,  by  these  presents,  full 
power,  license  and  liberty,  unto  all  the  liege  people  of  us,  our  heirs 
and  successors,  in  our  kingdom  of  England,  and'  elsewhere,  within 
any  other  our  dominions,  islands,  colonies,  or  plantations,  (excepting 
those  who  shall  be  especially  forbidden)  to  transport  themselves  and 
families  into  the  said  province  or  territory,  with  convenient  shipping 
and  fitting  provision;  and  there  to  settle  themselves,  dwell,  and  in- 
habit :  Any  law,  act,  statute,  ordinance,  or  other  thing,  to  the  contrary 
notwithsanding. 

AND  we  will  also,  and  of  our  especial  grace,  for  us,  our  heirs  and 
successors,  do  straitly  enjoin,  ordain,  constitute,  and  command,  that 
the  said  province  and  territory  shall  be  of  our  allegiance;  and  that 
all  and  singular  the  subjects  and  liege  people  of  us,  our  heirs  and 
successors,  transported,  or  to  be  transported  into  the  said  province, 
and  the  children  of  them,  and  such  as  shall  descend  from  them  there 
born,  or  hereafter  to  be  born  be,  and  shall  be  denizens  and  lieges  of 
us,  our  heirs  and  successors,  of  this  our  kingdom  of  P^ngland,  and  be 
in  all  things,  held,  treated,  and  reputed,  as  the  liege  faithful  people 
of  us,  our  heirs  and  successors,  born  within  this  our  said  kingdom,  or 
any  other  of  our  dominions;  and  may  inherit  or  otherwise  purchase 
and  receive,  take,  hold,  buy  and  possess,  any  lands,  tenements,  or 
hereditaments,  within  the  said  places,  and  them  may  occupy  and 
enjoy,  sell,  alien,  and  bequeath;  as  likewise,  all  liberties,  franchises, 
and  privileges,  of  this  our  kingdom,  and  of  other  our  dominions 
aforesaid,  may  freely  and  quietly  have,  possess,  and  enjoy,  as  our 
liege  people,  born  within  the  same,  without  the  molestation,  vexa- 
tion, trouble,  or  grievance,  of  us,  our  heirs  and  successors:  Any  act, 
statute,  ordinance,  or  provision,  to  the  contrary,  notwithstanding. 

AND  furthermore,  that  our  subjects  of  this  our  said  kingdom  of 
England,  and  other  our  dominions,  may  be  the  rather  encouraged  to 
undertake  this  expedition,  with  ready  and  chearful  means;  Know 


2766  North  Carolina— 1665 

ye,  That  we,  of  our  especial  grace,  certain  knowledge,  and  mere 
motion,  do  give  and  grant,  by  virtue  of  these  presents,  as  well  to  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and 
their  heirs,  as  unto  all  others  as  shall,  from  time  to  time,  repair  unto 
the  said  province  or  territory,  with  a  purpose  to  inhabit  there,  or  to 
trade  with  the  natives  thereof;  full  liberty  and  licence,  to  lade  and 
freight,  in  every  port  whatsoever,  of  us,  our  heirs  and  successors,  and 
into  the  said  province  of  Carolina,  by  them,  their  servants  and  as- 
signs, to  transport  all  and  singular  their  goods,  wares  and  merchan- 
dises; as  likewise  all  sorts  of  grain  whatsoever,  and  any  other  thing 
whatsoever,  necessary  for  their  food  and  clothing,  not  prohibited  by 
the  laws  and  statutes  of  our  kingdom  and  dominions,  to  be  carried 
out  of  the  same,  without  any  let  or  molestation  of  us,  our  heirs  and 
successors,  or  of  any  other  our  officers  or  ministers  whatsoever;  sav- 
ing also  unto  us,  our  heirs  and  successors,  the  customs  and  other  duties 
and  payments,  due  for  the  said  wares  and  merchandises,  according 
to  the  several  rates  of  the  places  from  whence  the  same  shall  be 
transported. 

WE  will  also,  and  by  these  presents,  for  us,  our  heirs  and  succes- 
sors, do  give  and  grant  licence  by  this  our  charter,  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and  their 
heirs  and  assigns,  and  to  all  the  inhabitants  and  dwellers  in  the  prov- 
ince or  territory  aforesaid,  both  present  and  to  come,  full  power  and 
absolute  authority,  to  import  or  unlade,  by  themselves  or  their  serv- 
ants, factors,  or  assigns,  all  merchandises  and  goods  whatsoever  that 
shall  arise  of  the  fruits  and  commodities  of  the  said  province  or  ter- 
ritory, either  by  land  or  sea,  into  any  the  ports  of  us,  our  heirs  and 
successors,  in  our  kingdom  of  England,  Scotland,  or  Ireland,  or  other- 
wise to  dispose  of  the  said  goods  in  the  said  ports;  and,  if  need  be, 
within  one  year  next  after  the  unlading,  to  lade  the  said  merchandises 
and  goods  again  into  the  same  or  other  ships ;  and  to  export  the  same 
into  any  other  countries,  either  of  our  dominions  or  foreign,  being  in 
amity  with  us,  our  heirs  and  successors,  so  as  they  pay  such  customs, 
subsidies  and  other  duties,  for  the  same,  to  us,  our  heirs  and  succes- 
sors, as  the  rest  of  our  subjects  of  this  our  kingdom,  for  the  time 
being,  shall  be  bound  to  pay;  beyond  which,  we  will  not,  that  the 
inhabitants  of  the  said  province  or  territory,  shall  be  any  ways 
charged :  Provided  nevertheless^  and  our  will  and  pleasure  is,  and  we 
have  further,  for  the  considerations  aforesaid,  of  our  especial  grace, 
certain  knowledge,  and  mere  motion,  given  and  granted,  and  by  these 
presents,  for  us,  our  heirs  and  successors,  do  give  and  grant  unto  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  and  assigns,  full  and  free  licence,  power  and  authority,  at  any 
time  or  times,  from  and  after  the  Feast  of  St.  Michael  the  Archangel, 
which  shall  be  in  the  year  of  our  Lord  Christ  one  thousand  six  hun- 
dred and  sixty-seven,  as  well  to  import  and  bring  into  any  of  our 
dominions,  from  the  said  province  of  Carolina,  or  any  part  thereof, 
the  several  goods  herein  after  mentioned ;  that  is  to  say,  silks,  wines, 


N(yrth  Carolina— 1665  2767 

raisins,  capers,  wax,  almonds,  oil,  and  olives,  without  paying  or 
answering  to  us,  our  heirs  and  successors,  any  custom,  impost,  or 
other  duty,  for  or  in  respect  thereof,  for  and  during  the  term  and 
space  of  seven  years,  to  commence  and  be  accounted  from  and  after 
the  importation  of  four  tons  of  any  of  the  said  goods,  in  any  one 
bottom,  ship,  or  vessel,  from  the  said  i^rovince  or  territory,  into  any 
of  our  dominions;  as  also,  to  export,  and  carry  out  of  any  of  our 
dominions,  into  the  said  province  or  territory,  custom  free,  all  sorts 
of  tools  which  shall  be  useful  or  necessary  for  the  planters  there,  in 
the  accommodation  and  improvement  of  the  premises:  Any  thing 
before  in  these  presents  contained,  or  any  law,  act,  statute,  prohibi- 
tion, or  other  matter  or  thing,  heretofore  had,  made,  enacted,  or  pro- 
vided, in  any  wise  notwithstanding. 

AND  furthermore,  of  our  more  ample  and  especial  grace,  certain 
knowledge,  and  mere  motion,  we  do,  for  us,  our  heirs  and  successors, 
grant  unto  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
Berkeley,  their  heirs  and  assigns,  full  and  absolute  power  and  author- 
ity, to  make,  erect,  and  constitute,  within  the  said  province  or  territory, 
and  the  isles  and  islets  aforesaid,  such  and  so  many  sea-ports,  har- 
bours, creeks,  and  other  places,  for  discharge  and  unlading  of  goods 
and  merchandises,  out  of  ships,  boats  and  other  vessels,  and  for  lading 
of  them,  in  such  and  so  many  places,  with  such  jurisdictions,  privi- 
leges and  franchises,  unto  the  said  ports  belonging,  as  to  them  shall 
seem  most  expedient;  and  that  all  and  singular  the  ships,  boats  and 
other  vessels,  which  shall  come  for  merchandises  and  trade  into  the 
said  province  or  territory,  or  shall  depart  out  of  the  same,  shall  be 
laden  and  unladen  at  such  ports  only  as  shall  be  erected  and  consti- 
tuted by  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
Berkeley,  their  heirs  and  assigns,  and  not  elsewhere:  Any  use,  cus- 
tom, or  thing,  to  the  contrary  notwithstanding. 

AND  we  do  further  will,  appoint,  and  ordain,  and  by  these  presents, 
for  us,  our  heirs,  and  successors,  do  grant  unto  the  said  Edward  Earl 
of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  liord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs  and  assigns, 
that  they  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albe- 
marle, William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord 
Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William 
Berkeley,  their  heirs  and  assigns,  may,  from  time  to  time,  forever, 
have  and  enjoy  i\\h  customs  and  subsidies,  in  the  ports,  harbours, 
creeks,  and  other  places  within  the  province  aforesaid,  payable  for  the 
goods,  wares  and  merchandises  there  laded,  or  to  be  laded  or  unladed ; 
the  said  customs  to  be  reasonably  assessed,  upon  any  occasion,  by 
themselves,  and  by  and  with  the  consent  of  the  free  people,  or  the 
greater  part  of  them,  as  aforesaid ;  to  whom  we  give  power,  by  these 
presents,  for  us,  our  heirs  and  successors,  upon  just  cause,  and  in  due 
proportion,  to  assess  and  impose  the  same. 

AND  further,  of  our  especial  grace,  certain  knowledge,  and  mere 
motion,  we  have  given,  granted  and  confirmed,  and  by  these  presents, 
for  us,  our  heirs  and  successors,  do  give,  grant  and  confirm,  unto  the 


2768  North  Carolina— 1665 

said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  and  assigns,  full  and  absolute  power,  licence  and  authority,  that 
they  the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle, 
William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  and  assigns,  from  time  to  time  hereafter,  forever,  at  his 
and  their  will  and  pleasure,  may  assign,  alien,  grant,  demise,  or 
enfeoff,  the  premises,  or  any  part  or  parcel  thereof,  to  him  or  them 
that  shall  be  willing  to  purchase  the  same,  and  to  such  person  and 
persons  as  they  shall  think  fit ;  to  have  and  to  hold  to  them,  the  said 
person  or  persons,  their  heirs  and  assigns,  in  fee-simple,  or  in  fee-tail, 
or  for  term  of  life  or  lives,  or  years;  to  be  held  of  them  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl 
of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their  heirs  and 
assigns,  by  such  rents,  services  and  customs,  as  shall  seem  fit  to  them 
the  said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  and  assigns,  and  not  of  us,  our  heirs  and  successors :  And  to  the 
same  person  and  persons,  and  to  all  and  every  of  them,  we  do  give  and 
grant,  by  these  presents,  for  us,  our  heirs  and  successors,  licence, 
authority  and  power,  that  such  person  or  persons  may  have  and  take 
the  premises,  or  any  part  thereof,  of  the  said  Edward  Earl  of  Claren- 
don, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord 
Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colle- 
ton, and  Sir  William  Berkeley,  their  heirs  and  assigns ;  and  the  same 
to  hold  to  themselves,  their  heirs  and  assigns,  in  what  estate  of  inher- 
itance soever,  in  fee-simple,  or  fee-tail,  or  otherwise,  as  to  them  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  or  assigns,  shall  seem  expedient;  the  statute  in  the  Parliament 
of  Edward,  son  of  King  Henry,  heretofore  King  of  England,  our 
predecessor,  commonly  called  the  statute  of  quia  emjytores  terrarum^ 
or  any  other  statute,  act,  ordinance,  use,  law,  custom,  or  any  other 
matter,  cause  or  thing,  heretofore  published  or  provided  to  the  con- 
trary, in  any-wise  notwithstanding. 

AND  because  many  persons,  born  and  inhabiting  in  the  said  prov- 
ince, for  their  deserts  and  services,  may  expect  and  be  capable  of 
marks  of  honour  and  favour,  which,  in  respect  of  the  great  distance, 
cannot  be  conveniently  conferred  by  us ;  our  will*  and  pleasure  there- 
fore is,  and  we  do  by  these  presents,  give  and  grant  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  and 
their  heirs  and  assigns,  full  power  and  authority,  to  give  and  confer 
unto  and  upon  such  of  the  inhabitants  of  the  said  province  or  terri- 
tory, >s  they  shall  think  do  or  shall  merit  the  same,  such  marks  of 
favour  and  titles  of  honour,  as  they  shall  think  fit ;  so  as  their  titles 


North  Carolina— 1665  2769 

of  honours  be  not  the  same  as  are  enjoyed  by  or  conferred  upon  any 
of  the  subjects  of  this  our  kingdom  of  England. 

AND  further  also,  we  do,  by  these  presents,  for  us,  our  heirs  and 
successors,  give  and  grant  licence  to  the  said  Edward  Earl  of  Clar- 
endon, George  Duke  of  Albemarle,  William  Earl  of  Craven,  John 
Lord  of  Berkeley,  Anthon}^  Lord  Ashley,  Sir  George  Carteret,  Sir 
John  Colleton,  and  Sir  William  Berkeley,  and  their  heirs  and  assigns, 
full  power,  liberty  and  licence,  to  erect,  raise  and  build,  Avithin  the 
said  province  and  places  aforesaid,  or  any  part  or  parts  thereof,  such 
and  so  many  forts,  fortresses,  castles,  cities,  boroughs,  towns,  villages, 
and  other  fortifications  whatsoever ;  and  the  same,  or  any  of  them,  to 
fortify  and  furnish  with  ordnance,  powder,  shot,  armour,  and  all 
other  weapons,  ammunition,  and  habiliments  of  war,  both  defensive 
and  offensive,  as  shall  be  thought  fit  and  convenient,  for  the  safety 
and  welfare  of  the  said  province  and  places,  or  any  part  thereof;  and 
the  same,  or  any  of  them,  from  time  to  time,  as  occasion  shall  require, 
to  dismantle,  disf urnish,  demolish  and  pull  down :  And  also  to  place, 
constitute  and  appoint,  in  or  over  all  or  any  of  the  said  castles,  forts, 
fortifications,  cities,  towns,  and  places  aforesaid.  Governors,  Deputy- 
Governors,  Magistrates,  Sheriffs,  and  other  officers,  civil  and  military, 
as  to  them  shall  seem  meet :  And  to  the  said  cities,  boroughs,  towns, 
villages,  or  any  other  place  or  places,  within  the  said  province  or  terri- 
tory, to  grant  letters  or  charters  of  incorporation,  with  all  liberties, 
franchises,  and  privileges,  requisite  or  usual,  or  to  or  within  this  our 
kingdom  of  England  granted  or  belonging;  and  in  the  same  cities, 
boroughs,  towns,  and  other  places,  to  constitute,  erect  and  appoint 
such  and  so  many  markets,  marts,  and  fairs,  as  shall,  in  that  behalf, 
be  thought  fit  and  necessary :  And  further  also,  to  erect  and  make  in 
the  province  or  territory  aforesaid,  or  any  part  thereof,  so  many 
manors,  with  such  signories  as  to  them  shall  seem  meet  and  conven- 
ient; and  in  every  of  the  same  manors  to  have  and  to  hold  a  Court- 
Baron,  with  all  things  whatsoever  which  to  a  Court-Baron  do  belong ; 
and  to  have  and  to  hold  views  of  Frank-Pledge  and  Court-Leets,  for 
the  conservation  of  the  peace  and  better  government  of  those  parts, 
with  such  limits,  jurisdictions  and  precincts,  as  by  the  said  Edward 
Earl  of  Clarendon,  George  Duke  of  Albemarle,  William  Earl  of 
Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George 
Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  or  their  heirs, 
shall  be  appointed  for  that  purpose,  with  all  things  whatsoever  which 
to  a  Court-Leet,  or  view  of  Frank-Pledge,  do  belong ;  the  same  courts 
to  be  holden  by  stewards,  to  be  deputed  and  authorized  by  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  AVilliam 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  or 
their  heirs,  by  the  Lords  of  the  manors  and  leets,  for  the  time  being, 
when  the  same  shall  be  erected. 

AND  because  that  in  so  remote  a  country,  and  situate  among  so 
many  barbarous  nations,  the  invasions  of  savages  and  other  enemies, 
pirates  and  robbers,  may  probably  be  feared;  therefore,  we  have 
given,  and  for  us,  our  heirs  and  successors,  do  give  power  by  these 
presents,  unto  the  said  EdAvard  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony 


2770  North  Carolina— 1665 

Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  their  heirs  or  assigns,  by  themselves,  or  their  Captains, 
or  other  officers,  to  levy,  muster,  and  train  up  all  sorts  of  men,  of  what 
condition  soever,  or  wheresoever  born,  whether  in  the  said  province, 
or  elsewhere,  for  the  time  being;  and  to  make  war,  and  pursue  the 
enemies  aforesaid,  as  well  by  sea,  as  by  land;  yea,  even  without  the 
limits  of  the  said  province,  and,  by  God's  assistance,  to  vanquish, 
and  take  them ;  and  being  taken,  to  put  them  to  death,  by  the  law  of 
war,  and  to  save  them  at  their  pleasure,  and  to  do  all  and  every  other 
thing,  which  to  the  charge  and  office  of  a  Captain-General  of  an 
army,  hath  had  the  same. 

ALSO,  our  will  and  pleasure  is,  and  by  this  our  charter,  we  do 
give  and  grant  unto  the  said  Edward  Earl  of  Clarendon,  George 
Duke  of  Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley, 
Anthony  Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and 
Sir  William  Berkeley,  their  heirs  and  assigns,  full  power,  liberty, 
and  authority,  in  case  of  rebellion,  tumult,  or  sedition,  (if  any  should 
happen,  which  God  forbid)  either  upon  the  land  within  the  province 
aforesaid,  or  upon  the  main  sea,  in  making  a  voyage  thither,  or 
returning  from  thence,  by  him  and  themselves,  their  Captains,  Depu- 
ties, or  officers,  to  be  authorised  under  his  or  their  seals,  for  that 
purpose;  to  whom  also,  for  us,  our  heirs  and  successors,  we  do  give 
and  grant,  by  these  presents,  full  power  and  authority,  to  exer- 
cise martial  law  against  any  mutinous  and  seditious  persons  of  these 
parts ;  such  as  shall  refuse  to  submit  themselves  to  their  government, 
or  shall  refuse  to  serve  in  the  war,  or  shall  fly  to  the  enem}^,  or  for- 
sake their  colours  or  ensigns,  or  be  loiterers,  or  stragglers,  or  otherwise 
offending  against  law,  custom,  or  military  discipline;  as  freely  and 
in  as  ample  manner  and  form,  as  any  Captain-General  of  an  army, 
by  virtue  of  his  office,  might  or  hath  accustomed  to  use  the  same. 

AND  our  further  pleasure  is,  and  by  these  presents,  for  us,  our 
heirs  and  successors,  we  do  grant  unto  the  said  Edward  Earl  of 
Clarendon,  George  Duke  of  Albemarle,  William  Earl  of  Craven, 
John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir  George  Carteret, 
Sir  John  Colleton,  and  Sir  William  Berkely,  their  heirs  and  assigns, 
and  to  the  tenants  and  inhabitants  of  the  said  province  or  territory, 
both  present  and  to  come,  and  to  every  of  them,  that  the  said  prov- 
ince or  territory,  and  the  tenants  and  inhabitants  thereof,  shall  not, 
from  henceforth,  be  held  or  reputed  any  member  or  part  of  any 
colony  whatsoever  in  America,  or  elsewhere,  now  transported  or 
made,  or  hereafter  to  be  transported  or  made ;  nor  shall  be  depending 
on,  or  subject  to  their  government  in  any  thing,  but  be  absolutely 
separated  and  divided  from  the  same ;  and  our  pleasure  is,  by  these 
presents,  that  they  be  separated,  and  that  they  be  subject  imme- 
diately to  our  Crowm  of  England,  as  depending  thereof,  forever: 
And  that  the  inhabitants  of  the  said  province  or  territory,  nor  any  of 
them,  shall,  at  any  time  hereafter,  be  compelled,  or  compellable,  or 
be  any  ways  subject  or  liable  to  appear  or  answer  to  any  matter,  suit, 
cause  or  plaint  whatsoever,  out  of  the  province  or  territory  aforesaid, 
in  any  other  of  our  islands,  colonies,  or  dominions  in  America,  or 
elsewhere,  other  than  in  our  realm  of  England,  and  dominion  of 
Wales. 


North  Carolina— 1665  2771 

AND  because  it  may  happen  that  some  of  the  people  and  inhab- 
itants of  the  said  province  cannot,  in  their  private  opinions,  conform 
to  the  public  exercise  of  religion  according  to  the  liturgy,  forms,  and 
ceremonies  of  the  Church  of  England,  or  take  and  subscribe  the  oaths 
and  articles  made  and  established  in  that  behalf;  and  for  that  the 
same,  by  reason  of  the  remote  distances  of  those  places,  will,  as  we 
hope,  be  no  breach  of  the  unity  and  conformity  established  in  this 
nation ;  our  will  and  pleasure  therefore  is,  and  we  do,  by  these  pres- 
ents, for  us,  our  heirs  and  successors,  give  and  grant  unto  the  said 
Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  William 
Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley,  Sir 
George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley,  their 
heirs  and  assigns,  full  and  free  licence,  liberty,  and  authority,  by  such 
ways  and  means  as  they  shall  think  fit,  to  give  and  grant  unto  such 
person  and  persons,  inhabiting  and  being  within -the  said  province 
or  territory,  hereby,  or  by  the  said  recited  Letters  Patents  men- 
tioned to  be  granted  as  aforesaid,  or  any  part  thereof,  such  indul- 
gences and  dispensations,  in  that  behalf,  for  and  during  such  time 
and  times,  and  with  such  limitations  and  restrictions,  as  they  the 
said  Edward  Earl  of  Clarendon,  George  Duke  of  Albemarle,  Wil- 
liam Earl  of  Craven,  John  Lord  Berkeley,  Anthony  Lord  Ashley, 
Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  William  Berkeley, 
their  heirs  or  assigns,  shall,  in  their  discretion,  think  fit  and  reason- 
able :  And  that  no  person  or  persons  unto  whom  such  liberty  shall  be 
given,  shall  be  any  way  molested,  punished,  disquieted,  or  called  in 
question,  for  any  differences  in  opinion,  or  practice  in  matters  of 
religious  concernments,  who  do  not  actually  disturb  the  civil  peace  of 
the  province,  county  or  colony,  that  they  shall  make  their  abode  in: 
But  all  and  every  such  person  and  persons  may,  from  time  to  time, 
and  at  all  times,  freely  and  quietly  have  and  enjoy  his  and  their 
judgments  and  consciences,  in  matters  of  religion,  throughout  all  the 
said  province  or  colony,  they  behaving  themselves  peaceably,  and 
not  using  this  libertv  to  licentiousness,  nor  to  the  civil  injury,  or  out- 
ward disturbance  or  others :  Any  law,  statute,  or  clause,  contained  or 
to  be  contained,  usage  or  custom  of  our  realm  of  England,  to  the  con- 
trary hereof,  in  any-wise,  notwithstanding. 

AND  in  case  it  shall  happen,  that  any  doubts  or  questions  shall 
arise,  concerning  the  true  sense  and  understanding  of  any  word, 
clause,  or  sentence  contained  in  this  our  present  charter;  we  will, 
ordain,  and  command,  that  in  all  times,  and  in  all  things,  such  inter- 
pretations be  made  thereof,  and  allowed  in  all  and  every  of  our  courts 
whatsoever,  as  lawfully  may  be  adjudged  most  advantageous  and 
favourable  to  the  said  Edward  Earl  of  Clarendon,  George  Duke  of 
Albemarle,  William  Earl  of  Craven,  John  Lord  Berkeley,  Anthony 
Lord  Ashley,  Sir  George  Carteret,  Sir  John  Colleton,  and  Sir  Wil- 
liam Berkeley,  their  heirs  and  assigns,  although  express  mention,  &c. 

WITNESS  Ourself,  at  Westminster,  the  thirtieth  day  of  June,  in 
the  seventeenth  year  of  our  reign. 

Per  ipsum  Regem. 

7254— VOL  5—09 16 


2772  North  Carolina— 1669 


THE  FUNDAMENTAL  CONSTITUTIONS  OF  CAROLINA— 1669  *  « 

Our  sovereign  lord  the  King  having,  out  of  his  royal  grace  and 
bounty,  granted  unto  us  the  province  of  Carolina,  with  all  the  royal- 
ties, properties,  jurisdictions,  and  privileges  of  a  county  palatine,  as 
large  and  ample  as  the  county  palatine  of  Durham,  with  other  great 
privileges;  for  the  better  settlement  of  the  government  of  the  said 
place,  and  establishing  the  interest  of  the  lords  proprietors  with 
equality  and  without  confusion;  and  that  the  government  of  this 
province  may  be  made  most  agreeable  to  the  monarchy  under  Avhich 
we  live  and  of  which  this  province  is  a  part ;  and  that  we  may  avoid 
erecting  a  numerous  democracy,  we,  the  lords  and  proprietors  of  the 
province  aforesaid,  have  agreed  to  this  following  form  of  govern- 
ment, to  be  perpetually  established  amongst  us,  unto  which  we  do 
oblige  ourselves,  our  heirs  and  successors,  in  the  most  binding  ways 
that  can  be  devised. 

One.  The  eldest  of  the  lords  proprietors  shall  be  palatine;  and, 
upon  the  decease  of  the  j)alatine,  the  eldest  of  the  seven  surviving 
proprietors  shall  always  succeed  him. 

Two.  There  shall  be  seven  other  chief  offices  erected,  viz :  the  ad- 
mirals, chamberlains,  chancellors,  constables,  chief  justices,  high  stew- 
ards, and  treasurers;  which  places  shall  be  enjoyed  by  none  but  the 
lords  proprietors,  to  be  assigned  at  first  by  lot ;  and,  upon  the  vacancy 
of  any  one  of  the  seven  great  offices,  by  death  or  otherwise,  the  eldest 
proprietor  shall  have  his  choice  of  the  said  place. 

Three.  The  whole  province  shall  be  divided  into  counties;  each 
county  shall  consist  of  eight  signiories,  eight  baronies,  and  four  pre- 
cincts ;  each  precinct  shall  consist  of  six  colonies. 

Four.  Each  signiory,  barony,  and  colony  shall  consist  of  twelve 
thousand  acres ;  the  eight  signiories  being  the  share  of  the  eight  pro- 
prietors, and  the  eight  baronies  of  the  nobility;  both  which  shares, 
being  each  of  them  one-fifth  of  the  whole,  are  to  be  perpetually 
annexed,  the  one  to  the  proprietors,  the  other  to  the  hereditary  no- 
bility, leaving  the  colonies,  being  three-fifths,  amongst  the  people ;  so 
that  in  setting  out  and  planting  the  lands,  the  balance  of  the  govern- 
ment may  be  preserved. 

Five.  At  any  time  before  the  year  one  thousand  seven  hundred  and 
one,  any  of  the  lords  proprietors  shall  have  power  to  relinquish, 
alienate,  and  dispose  to  any  other  person  his  proprietorship,  and  all 
the  signiories,  powers,  and  interest  thereunto  belonging,  wholly  and 
entirely  together,  and  not  otherwise.  But  after  the  year  one  thou- 
sand seven  hundred,  those  who  are  then  lords  proprietors  shall  not 
have  power  to  alienate  or  make  over  their  proprietorship,  with  the 
signiories  and  privileges  thereunto  belonging,  or  any  part  thereof,  to 
any  person  whatsoever,  otherwise  than  in  section  eighteen ;  but  it  shall 
all  descend  unto  their  heirs  male,  and  for  want  of  heirs  male,  it  shall 
all  descend  on  that  landgrave  or  cazique  of  Carolina  who  is  descended 

♦North  Carolina  Colonial  Records,  187-20.5.  Locke's  Works,  [Eighth  Edi- 
tion]    X.  175. 

o  This  form  of  government  was  framed  by  John  Locke,  author  of  the  Essay  on 
the  Human  Understanding,  and  amended  by  the  Earl  of  Shaftesbury,  previously 
known  as  Anthony  Ashley  Cooper.  It  was  only  partially  put  into  operation, 
and  it  was  abrogated  by  the  lords  proprietors  in  April,  1693. 


Ncyrth  Carolina— 1669  2773 

of  the  next  heirs  female  of  the  proprietor;  and,  fo''  want  of  such 
heirs,  it  shall  descend  on  the  next  heir  general;  and,  for  want  of  such 
heirs,  the  remaining  seven  proprietors  shall,  upon  the  vacancy,  choose 
a  landgrave  to  succeed  the  deceased  proprietors,  w^ho,  being  chosen 
by  the  majority  of  the  seven  surviving  proprietors,  he  and  his  heirs, 
successively  shall  be  proprietors,  as  fully  to  all  intents  and  purposes  as 
any  of  the  rest. 

Six.  That  the  number  of  eight  proprietors  may  be  constantly  kept, 
if,  upon  the  vacancy  of  any  proprietorship,  the  seven  surviving  pro- 
prietors shall  not  choose  a  landgrave  to  be  a  proprietor  before  the 
second  bieimial  parliament  after  the  vacancy,  then  the  next  biennial 
parliament  but  one,  after  such  vacancy,  shall  have  power  to  choose 
any  landgrave  to  be  a  proprietor. 

Seven.  Whosoever,  after  the  year  one  thousand  seven  hundred, 
either  by  inheritance  or  choice,  shall  succeed  any  proprietor  in  his 
proprietorship,  and  signories  thereunto  belonging,  shall  be  obliged  to 
take  the  name  and  arms  of  that  proprietor  whom  he  succeeds;  which 
from  thenceforth  shall  be  the  name  and  arms  of  his  family  and  their 
posterity. 

Eight.  'NYhatsoever  landgrave  or  cazique  shall  any  way  come  to  be 
a  proprietor,  shall  take  the  signiories  annexed  to  the  said  proprietor- 
ship ;  but  his  former  dignity,  with  the  baronies  annexed,  shall  devolve 
into  the  hands  of  the  lords  proprietors. 

Nine.  There  shall  be  just  as  many  landgraves  as  there  are  counties, 
and  twice  as  many  caziques,  and  no  more.  These  shall  be  the  heredi- 
tary nobility  of  the  province,  and  by  right  of  their  dignity  be  mem- 
bers of  parliament.  Each  landgrave  shall  have  four  baronies,  and 
each  cazique  two  baronies,  hereditarily  and  unalterably  annexed  to 
and  settled  upon  the  said  dignity. 

Ten.  The  first  landgrave  and  caziques  of  the  twelve  first  counties 
to  be  planted  shall  be  nominated  thus,  that  is  to  say:  of  the  twelve 
landgraves,  the  lords  proprietors  shall  each  of  them,  separately  for 
liimself,  nominate  and  choose  one;  and  the  remaining  four  land- 
graves of  the  first  twelve  shall  be  nominated  and  chosen  by  the  pala- 
tine's court.  In  like  manner,  of  the  twenty-four  first  caziques,  each 
proprietor  for  himself  shall  nominate  and  choose  two,  and  the  re- 
maining eight  shall  be  nominated  and  chosen  by  the  palatine's  court; 
and  when  the  twelve  first  counties  shall  be  planted,  the  lords  proprie- 
tors shall  again  in  the  same  manner  nominate  and  choose  twelve 
more  landgraves  and  twenty-four  more  caziques,  for  the  next  twelve 
counties  to  be  planted ;  that  is  to  say,  two-thirds  of  each  number  by 
the  single  nomination  of  each  proprietor  for  himself,  and  the  remain- 
ing third  by  the  joint  election  of  the  palatine's  court,  and  so  proceed 
in  the  same  manner  till  the  whole  province  of  Carolina  be  set  out  and 
planted,  according  to  the  proportions  in  these  fundamental  constitu- 
tions. 

Eleven.  Any  landgrave  or  cazique,  at  any  time  before  the  year  one 
thousand  seven  hundred  and  one,  shall  have  power  to  alienate,  sell, 
or  make  over,  to  any  other  person,  his  dignity,  with  the  baronies 
thereunto  belonging,  all  entirely  together.  But  after  the  year  one 
thousand  seven  hundred,  no  landgrave  or  cazique  shall  have  power  to 
alienate,  sell,  make  over,  or  let  the  hereditary  baronies  of  his  dignity, 
or  any  part  thereof,  otherwise  than  as  in  section  eighteen;  but  they 
shall  all  entirely,  with  the  dignity  thereunto  belonging,  descend  unto 


2774  North  Carolina— 1669 

his  heirs  male ;  and  for  want  of  heirs  male,  all  entirely  and  undivided 
to  the  next  heir  general;  and  for  want  of  such  heirs,  shall  devolve 
into  the  hands  of  the  lords  proprietors. 

Twelve.  That  the  due  number  of  landgraves  and  caziques  may  be 
always  kept  up,  if,  upon  the  devolution  of  any  landgraveship  oi* 
caziqueship,  the  palatine's  court  shall  not  settle  the  devolved  dignity, 
with  the  baronies  thereunto  annexed,  before  the  second  biennial  par- 
liament after  such  devolution,  the  next  biennial  parliament  but  one 
after  such  devolution  shall  have  power  to  make  any  one  landgrave  or 
cazique  in  the  room  of  him  who  dying  without  heirs,  his  dignity  and 
baronies  devolved. 

Thirteen.  No  one  person  shall  have  more  than  one  dignity,  with  the 
signiories  or  baronies  thereunto  belonging.  But  whensoever  it  shall 
happen  that  any  one  who  is  already  proprietor,  landgrave,  or  cazique 
shall  have  any  of  these  dignities  descend  to  him  by  inheritance,  it 
shall  be  at  his  choice  to  keep  which  of  the  dignities,  with  the  lands 
annexed,  he  shall  like  best;  but  shall  leave  the  other,  with  the  lands 
annexed,  to  be  enjoyed  by  him  who,  not  being  his  heir  apparent  and 
certain  successor  to  his  present  dignity,  is  next  of  blood. 

Fourteen.  Whosoever,  by  right  of  inheritance,  shall  come  to  be 
landgrave  or  cazique,  shall  take  the  name  and  arms  of  his  predecessor 
in  that  dignity,  to  be  from  thenceforth  the  name  and  arms  of  his 
family  and  their  posterity. 

Fifteen.  Since  the  dignity  of  proprietor,  landgrave,  or  cazique  can- 
not be  divided,  and  the  signiories  or  baronies  thereunto  annexed  must 
forever  all  entirely  descend  with  and  accompany  that  dignity,  when- 
soever, for  want  of  heirs  male,  it  shall  descend  on  the  issue  female, 
the  eldest  daughter  and  her  heirs  shall  be  preferred,  and  in  the  inher- 
itance of  those  dignities,  and  in  the  signiories  or  baronies  annexed, 
there  shall  be  no  coheirs. 

Sixteen.  In  every  signiory,  barony,  and  manor,  the  respective  lord 
shall  have  power,  in  his  own  name,  to  hold  court-leet  there,  for  try- 
ing of  all  causes,  both  civil  and  criminal ;  but  where  it  shall  concern 
any  person  being  no  inhabitant,  vassal,  or  leet-man  of  the  said  sign- 
iory, barony,  or  manor,  he,  upon  paying  down  of  forty  shillings  to 
the  lords  proprietors'  use,  shall  have  an  appeal  from  the  signiory  or 
barony  court  to  the  county  court,  and  from  the  manor  court  to  the 
precinct  court. 

Seventeen.  Every  manor  shall  consist  of  not  less  than  three  thou- 
sand acres,  and  not  above  twelve  thousand  acres,  in  one  entire  piece 
and  colony,  but  any  three  thousand  acres  or  more  in  one  piece,  and 
the  possession  of  one  man,  shall  not  be  a  manor,  unless  it  be  consti- 
tuted a  manor  by  the  grant  of  the  palatine's  court. 

Eighteen.  The  lords  of  signiories  and  baronies  shall  have  power 
only  of  granting  estates  not  exceeding  three  lives,  or  twenty-one 
years,  in  two-thirds  of  said  signiories  or  baronies,  and  the  remaining 
third  shall  be  always  demesne. 

Nineteen.  Any  lord  of  a  manor  may  alienate,  sell,  or  dispose  to  any 
other  person  and  his  heirs  forever,  his  manor,  all  entirely  together, 
with  all  the  privileges  and  leet-men  thereunto  belonging,  so  far  forth 
as  any  colony  lands;  but  no  grant  of  any  part  thereof,  either  in  fee, 
or  for  any  longer  term  than  three  lives,  or  one-and-twenty  years,  shall 
stand  good  against  the  next  heir. 


Ncrrth  Carolina— 1669  2775 

Twenty.  No  manor,  for  want  of  issue  male,  shall  be  divided 
amongst  coheirs ;  but  the  manor,  if  there  be  but  one,  shall  all  entirely 
descend  to  the  eldest  daughter  and  her  heirs.  If  there  be  more 
minors  than  one,  the  eldest  daughter  first  shall  have  her  choice,  the 
second  next,  and  so  on,  beginning  again  at  the  eldest,  until  all  the 
manors  be  taken  up;  that  so  the  privileges  which  belong  to  manors 
being  indivisible,  the  lands  of  the  manors,  to  which  they  are  annexed, 
may  be  kept  entire  and  the  manor  not  lose  those  privileges  which, 
upon  parcelling  out  to  several  owners,  must  necessarily  cease. 

Twenty-one.  Every  lord  of  a  manor,  within  his  own  manor,  shall 
have  all  the  rights,  powers,  jurisdictions,  and  privileges  which  a  land- 
grave or  cazique  hath  in  his  baronies. 

Twenty-two.  In  every  signiory,  barony,  and  manor,  all  the  leet-men 
shall  be  under  the  jurisdiction  of  the  respective  lords  of  the  said 
signiory,  barony,  or  manor,  without  appeal  from  him.  Nor  shall 
any  leet-man  or  leet- woman  have  liberty  to  go  off  from  the  land  of 
their  particular  lord  and  live  anywhere  else,  without  license  obtained 
from  their  said  lord,  under  hand  and  seal. 

Twenty-three.  All  the  children  of  leet-men  shall  be  leet-men,  and 
so  to  all  generations. 

Twenty-four.  No  man  shall  be  capable  of  having  a  court-leet  or 
leet-men  but  a  proprietor,  landgrave,  cazique,  or  lord  of  a  manor. 

Twenty-five.  Whoever  shall  voluntarily  enter  himself  a  leet-man 
in  the  registry  of  the  county  court,  shall  be  a  leet-man. 

Twenty-six.  Whoever  is  lord  of  leet-men,  shall,  upon  the  marriage 
of  a  leet-man  or  leet-woman  of  his,  give  them  ten  acres  of  land  for 
their  lives;  they  paying  to  him  therefor  not  more  than  one-eighth 
part  of  all  the  yearly  produce  and  growth  of  the  said  ten  acres. 

Twenty-seven.  No  landgrave  or  cazique  shall  be  tried  for  any 
criminal  cause  in  any  but  the  chief  justice's  court,  and  that  by  a  jury 
of  his  peers. 

Twenty-eight.  There  shall  be  eight  supreme  courts.  The  first 
called  the  palatine's  court,  consisting  of  the  palatine  and  the  other 
seven  proprietors.  The  other  seven  courts  of  the  other  seven  great 
officers,  shall  consist  each  of  them  of  a  proprietor,  and  six  councillors 
added  to  him.  Under  each  of  these  latter  seven  courts  shall  be  a  col- 
lege of  twelve  assistants.  The  twelve  assistants  of  the  several  col- 
leges shall  be  chosen,  two  out  of  the  landgraves,  caziques,  or  eldest 
sons  of  the  proprietors,  by  the  palatine's  court ;  two  out  of  the  land- 
graves by  the  landgraves'  chamber;  two  out  of  the  caziques  by  the 
caziques'  chamber;  four  more  of  the  twelve  shall  be  chosen  by  the 
commons'  chamber,  out  of  such  as  have  been  or  are  members  of  par- 
liament, sheriffs,  or  justices  of  the  county  court,  or  the  younger  sons 
of  proprietors,  or  the  eldest  sons  of  landgraves  or  caziques;  the  two 
others  shall  be  chosen  by  the  palatine's  court,  out  of  the  same  sort  of 
persons  out  of  which  the  commons'  chamber  is  to  choose. 

Twenty-nine.  Out  of  these  colleges  shall  be  chosen  at  first,  b}^  the 
palatine's  court,  six  councillors,  to  be  joined  with  each  proprietor  in 
his  court ;  of  which  six  one  shall  be  of  those  who  were  chosen  into  any 
of  the  colleges  by  the  palatine's  court,  out  of  the  landgraves,  caziques, 
or  eldest  sons  of  proprietors ;  one  out  of  those  who  were  chosen  by  the 
landgraves'  chamber;  one  out  of  those  who  were  chosen  by  the 
caziques'  chamber ;  two  out  of  those  who  were  chosen  by  the  commons' 


2776  North  Carolina— 1669 

chamber;  and  one  out  oi  those  who  were  chosen  by  the  palatine's 
court,  out  of  the  proprietors'  younger  sons,  or  eldest  sons  of  land- 
graves, caziques,  or  commons,  qualified  as  aforesaid. 

Thirty.  When  it  shall  happen  that  any  councillor  dies,  and  thereby 
there  is  a  vacancy,  the  grand  council  shall  have  power  to  remove  any 
councillor  that  is  willing  to  be  removed  out  of  any  of  the  proprietors' 
courts,  to  fill  up  the  vacancy ;  provided  they  take  a  man  of  the  same 
degree  and  choice  the  other  w^as  of,  whose  place  is  to  be  filled  up. 
But  if  no  councillor  consent  to  be  removed,  or  upon  such  remove,  the 
last  remaining  vacant  place,  in  any  of  the  proprietors'  courts,  shall 
be  filled  up  by  the  choice  of  the  grand  council,  who  shall  have  power 
to  remove  out  of  any  of  the  colleges  any  assistant,  w^ho  is  of  the  same 
degree  and  choice  that  that  councillor  was  of  into  whose  vacant  place 
he  is  to  succeed.  The  grand  council  also  have  power  to  remove  any 
assistant,  that  is  willing,  out  of  one  college  into  another,  provided  he 
be  of  the  same  degree  and  choice.  But  the  last  remaining  vacant 
place  in  any  college  shall  be  filled  up  by  the  same  choice,  and  out  of 
the  same  degree  of  persons  the  assistant  was  of  who  is  dead  or 
removed.  No  place  shall  be  vacant  in  any  proprietor's  court  above 
six  months.  No  place  shall  be  vacant  in  any  college  longer  than  the 
next  session  of  parliament. 

Thirty-one.  No  man,  being  a  member  of  the  grand  council,  or  of 
any  of  the  seven  colleges,  shall  be  turned  out  but  for  misdemeanor,  of 
which  the  grand  council  shall  be  judge;  and  the  vacancy  of  the  per- 
son so  put  out  shall  be  filled,  not  by  the  election  of  the  grand  council, 
but  by  those  who  first  chose  him,  and  out  of  the  same  degree  he  was 
of  who  is  expelled.  But  it  is  not  hereby  to  be  understood  that  the 
grand  council  hath  any  power  to  turn  out  any  one  of  the  lords  pro- 
prietors or  their  deputies,  the  lords  proprietors  having  in  themselves 
an  inherent  original  right. 

Thirty-two.  All  elections  in  the  parliament,  in  the  several  cham- 
bers of  the  parliament,  and  in  the  grand  council,  shall  be  passed  by 
balloting. 

Thirty-three.  The  palatine's  court  shall  consist  of  the  palatine  and 
seven  proprietors,  wherein  nothing  shall  be  acted  without  the  pres- 
ence and  consent  of  the  palatine  or  his  deputy,  and  three  other  of 
the  proprietors  or  their  deputies.  This  court  shall  have  power  to 
call  parliaments,  to  pardon  all  offences,  to  make  elections  of  all  offi- 
cers in  the  proprietor's  dispose,  and  to  nominate  and  appoint  port 
towns ;  and  also  shall  have  power  by  their  order  to  the  treasurer  to 
dispose  of  all  public  treasure,  excepting  money  granted  by  the  par- 
liament, and  by  them  directed  to  some  particular  public  use;  and 
also  shall  have  a  negative  upon  all  acts,  orders,  votes,  and  judg- 
ments of  the  grand  council  and  the  parliament,  except  only  as  in  sec- 
tions six  and  twelve;  and  shall  have  all  the  powers  granted  to  the 
lords  proprietors,  by  their  patent  from  our  sovereign  lord  the 
King,  except  in  such  things  as  are  limited  by  these  fundamental 
constitutions. 

Thirty-four.  The  palatine  himself,  when  he  in  person  shall  be 
either  in  the  army  or  any  of  the  proprietors'  courts,  shall  then  have 
the  power  of  general,  or  of  that  proprietor  in  whose  court  he  is  then 
present,  and  the  proprietor,  in  whose  court  the  palatine  then  pre- 
sides, shall,  during  his  presence  there,  be  but  as  one  of  the  council. 


Ncyrth  Carolina— 1669  2777 

Thirty-five.  The  councillor's  court,  consisting  of  one  of  the  pro- 
prietors, and  his  six  councillors,  who  shall  be  called  vice-chancellors, 
shall  have  the  custody  of  the  seal  of  the  palatine,  under  which 
charters  of  lands,  or  otherwise,  commissions  and  grants  of  the  pala- 
tine's court  shall  pass.  And  it  shall  not  be  lawful  to  put  the  seal 
of  the  palatinate  to  any  writing  which  is  not  signed  by  the  palatine 
or  his  deputy  and  three  other  proprietors  or  their  deputies.  To  this 
court  also  belong  all  state  matters,  despatches,  and  treaties  with  the 
neighbor  Indians.  To  this  court  also  belong  all  invasions  of  the  law, 
of  liberty  of  conscience,  and  all  invasions  of  the  public  peace,  upon 
pretence  of  religion,  as  also  the  license  of  printing.  The  twelve  assist- 
ants belonging  to  this  court  shall  be  called  recorders. 

Thirty-six.  Whatever  passes  under  the  seal  of  the  palatinate,  shall 
be  registered  in  the  proprietor's  court  to  which  the  matter  therein 
contained  belongs. 

Thirty-seven.  The  chancellor  or  his  deputy  shall  be  always  speaker 
in  parliament,  and  president  of  the  grand  council,  and,  in  his  and 
his  deputy's  absence,  one  of  the  vice-chancellors. 

Thirty -eight.  The  chief  justice's  court,  consisting  of  one  of  the 
proprietors  and  his  six  councillors,  who  shall  be  called  justices  of 
the  bench,  shall  judge  all  appeals  in  cases  both  civil  and  criminal, 
except  all  such  cases  as  shall  be  under  the  jurisdiction  and  cognizance 
of  any  other  of  the  proprietor's  courts,  which  shall  be  tried  in  those 
courts  respectively.  The  government  and  regulation  of  registries 
of  writings  and  contracts  shall  belong  to  the  jurisdiction  of  this 
court.    The  twelve  assistants  of  this  court  shall  be  called  masters. 

Thirty-nine.  The  constable's  court,  consisting  of  one  of  the  pro- 
prietors and  his  six  councillors,  who  shall  be  called  marshals,  shall 
order  and  determine  of  all  military  affairs  by  land,  and  all  land- 
forces,  arms,  ammunition,  artillery,  garrisons,  forts,  &c.,  and  w^hat- 
ever  belongs  unto  war.  His  twelve  assistants  shall  be  called  lieu- 
tenant-generals. 

Forty.  In  time  of  actual  war  the  constable,  while  he  is  in  the  army, 
shall  be  general  of  the  army,  and  the  six  councillors,  or  such  of  them 
as  the  palatine's  court  shall  for  that  time  or  service  appoint,  shall  be 
the  immediate  great  officers  under  him,  and  the  lieutenant-generals 
next  to  them. 

Forty-one.  The  admiral's  court,  consisting  of  one  of  the  proprietors 
and  his  six  councillors,  called  consuls,  shall  have  the  care  and  inspec- 
tion over  all  ports,  moles,  and  navigable  rivers,  so  far  as  the  tide 
flows,  and  also  all  the  public  shipping  of  Carolina,  and  stores  there- 
unto belonging,  and  all  maritime  affairs.  This  court  also  shall  have 
the  power  of  the  court  of  admiralty ;  and  shall  have  power  to  consti- 
tute judges  in  port-towns  to  try  cases  belonging  to  law-merchant,  as 
shall  be  most  convenient  for  trade.  The  twelve  assistants  belonging 
to  this  court  shall  be  called  proconsuls. 

Forty-two.  In  time  of  actual  war,  the  admiral,  whilst  he  is  at  sea, 
shall  command  in  chief,  and  his  six  councillors,  or  such  of  them  as  the 
palatine's  court  shall  for  that  time  or  service  appoint,  shall  be  the 
immediate  great  officers  under  him,  and  the  proconsuls  next  to  them. 

Forty-three.  The  treasurer's  court,  consisting  of  a  proprietor  and 
his  six  councillors,  called  under-treasurers,  shall  take  care  of  all 
matters  that  concern  the  public  revenue  and  treasury.  The  twelve 
assistants  shall  be  called  auditors. 


2778  North  Carolina— 1669 

Forty- four.  The  high  steward's  court,  consisting  of  a  proprietor 
and  his  six  councillors,  called  comptrollers,  shall  have  the  care  of  all 
foreign  and  domestic  trade,  manufactures,  public  buildings,  work- 
houses, highways,  passages  by  water  above  the  flood  of  the  tide, 
drains,  sewers,  and  banks  against  inundation,  bridges,  posts,  carriers, 
fairs,  markets,  corruption  or  infection  of  the  common  air  or  water, 
and  all  things  in  order  to  the  public  commerce  and  health;  also  set- 
ting out  and  surveying  of  lands ;  and  also  setting  out  and  appointing 
places  for  towns  to  be  built  on  in  the  precincts,  and  the  prescribing 
and  determining  the  figure  and  bigness  of  the  said  towns,  according 
to  such  models  as  the  said  court  shall  order;  contrary  or  differing 
from  which  models  it  shall  not  be  lawful  for  any  one  to  build  in  any 
town.  This  court  shall  have  power  also  to  make  any  public  building, 
or  any  new  highway,  or  enlarge  any  old  highway,  upon  any  man's 
land  whatsoever;  as  also  to  make  cuts,  channels,  banks,  locks,  and 
bridges,  for  making  rivers  navigable,  or  for  draining  fens,  or  any 
other  public  use.  The  damage  the  owner  of  such  lands  (on  or 
through  which  any  such  public  things  shall  be  made)  shall  receive 
thereby  shall  be  valued,  and  satisfaction  made  by  such  ways  as  the 
grand  council  shall  appoint.  The  twelve  assistants  belonging  to  this 
court  shall  be  called  surveyors. 

Forty-five.  The  chamberlain's  court,  consisting  of  a  proprietor  and 
six  councillors,  called  vice-chamberlains,  shall  have  the  care  of  all 
ceremonies,  precedency,  heraldry,  reception  of  public  messengers, 
pedigrees,  the  registry  of  all  births,  burials,  and  marriages,  legitima- 
tion, and  all  cases  concerning  matrimony,  or  arising  from  it;  and 
shall  also  have  power  to  regulate  all  fashions,  habits,  badges,  games, 
and  sports.  To  this  court  it  shall  also  belong  to  convocate  the  grand 
council.  The  twelve  assistants  belonging  to  this  court  shall  be  called 
provosts. 

Forty-six.  All  causes  belonging  to  or  under  the  jurisdiction  of  any 
of  the  proprietors'  courts,  shall  in  them  respectively  be  tried,  and 
ultimately  determined,  without  any  further  appeal. 

Forty-seven.  The  proprietors'  courts  have  a  power  to  mitigate  all 
fines  and  suspend  all  execution  in  criminal  causes,  either  before  or 
after  sentence,  in  any  of  the  other  inferior  courts  respectively. 

Forty-eight.  In  all  debates,  hearings,  or  trials,  in  any  of  the  pro- 
prietors' courts,  the  twelve  assistants  belonging  to  the  said  courts, 
respectively,  shall  have  liberty  to  be  present,  but  shall  not  interpose, 
unless  their  opinions  be  required,  nor  have  any  vote  at  all ;  but  their 
business  shall  be,  by  the  direction  of  the  respective  courts,  to  prepare 
such  business  as  shall  be  committed  to  them ;  as  also  to  bear  such 
offices,  and  despatch  such  affairs,  either  where  the  court  is  kept  or 
elsewhere,  as  the  court  shall  think  fit. 

Forty-nine.  In  all  the  proprietors'  courts,  the  proprietor,  and  any 
three  of  his  councillors,  shall  make  a  quorum:  Provided,  always, 
That  for  the  better  despatch  of  business,  it  shall  be  in  the  power  of 
the  palatine's  court  to  direct  what  sort  of  causes  shall  be  heard  and 
determined  by  a  quorum  of  any  three. 

Fifty.  The  grand  council  shall  consist  of  the  palatine  and  seven 
proprietors,  and  the  forty-two  councillors  of  the  several  proprietors' 
courts,'  who  shall  have  power  to  determine  any  controversy  that  may 
arise  between  any  of  the  proprietors'  courts,  about  their  respective 
jurisdictions,  or  between  the  members  of  the  same  court,  about  their 


North  Carolina— 1669  2779 

manner  and  methods  of  proceedings ;  to  make  peace  and  war,  leagues, 
treaties,  &c.,  with  any  of  the  neighbor  Indians;  to  issue  out  their 
general  orders  to  the  constable's  and  admiral's  courts,  for  the  raising, 
disposing,  or  disbanding  the  forces,  by  land  or  by  sea. 

Fifty-one.  The  grand  council  shall  prepare  all  matters  to  be  pro- 
posed in  parliament.  Nor  shall  any  matter  whatsoever  be  proposed 
in  parliament,  but  what  has  first  passed  the  grand  council;  which, 
after  having  been  read  three  several  days  in  the  parliament,  shall  by 
majority  of  votes  be  passed  or  rejected. 

Fifty-two.  The  grand  council  shall  always  be  judges  of  all  causes 
and  appeals  that  concern  the  palatine,  or  any  of  the  lords  proprietors, 
or  any  councillor  of  any  proprietor's  court,  in  any  cause,  which  should 
otherwise  have  been  tried  in  the  court  of  which  the  said  councillor  is 
judge  himself. 

Fifty-three.  The  grand  council,  by  their  warrants  to  the  treasurer's 
court,  shall  dispose  of  all  the  money  given  by  the  parliament,  and  by 
them  directed  to  any  particular  public  use. 

Fifty-four.  The  quorum  of  the  grand  council  shall  be  thirteen, 
whereof  a  proprietor  or  his  deputy  shall  be  always  one. 

Fifty-five.  The  grand  council  shall  meet  the  first  Tuesday  in  every 
month,  and  as  much  of tener  as  either  they  shall  think  fit,  or  they  shall 
be  convocated  by  the  chamberlain's  court. 

Fifty-six.  The  palatine,  or  any  of  the  lords  proprietors,  shall  have 
power,  under  hand  and  seal,  to  be  registered  in  the  grand  council,  to 
make  a  deputy,  w^ho  shall  have  the  same  power  to  all  intents  and  pur- 
poses as  he  himself  who  deputes  him;  except  in  confirming  acts  of 
parliament,  as  in  section  seventy-six,  and  except  also  in  nominating 
and  choosing  landgraves  and  caziques,  as  in  section  ten.  All  such 
deputations  shall  cease  and  determine  at  the  end  of  four  years,  and  at 
any  time  shall  be  revocable  at  the  pleasure  of  the  deputator. 

Fifty-seven.  No  deputy  of  any  proprietor  shall  have  any  power 
whilst  the  deputator  is  in  any  part  of  Carolina,  except  the  proprietor 
whose  deputy  he  is  be  a  minor. 

Fifty-eight.  During  the  minority  of  any  proprietor,  his  guardian 
shall  have  power  to  constitute  and  appoint  his  deputy. 

Fifty-nine.  The  eldest  of  the  lords  proprietors,  who  shall  be  per- 
sonally in  Carolina,  shall  of  course  be  the  palatine's  deputy,  and  if  no 
proprietor  be  in  Carolina,  he  shall  choose  his  deputy  out  of  the  heirs 
apparent  of  any  of  the  proprietors,  if  any  such  be  there ;  and  if  there 
be  no  heir  apparent  of  any  of  the  lords  proprietors  above  one-and- 
twenty  years  old  in  Carolina,  then  he  shall  choose  for  deputy  any  one 
of  the  landgraves  of  the  grand  council;  till  he  have  by  deputation 
under  hand  and  seal  chosen  any  one  of  the  forementioned  heirs  ap- 
parent or  landgraves  to  be  his  deputy,  the  eldest  man  of  the  land- 
graves, and,  for  want  of  a  landgrave,  the  eldest  man  of  the  caziques, 
who  shall  be  personally  in  Carolina,  shall  of  course  be  his  deputy. 

Sixty.  Each  proprietor's  deputy  shall  be  always  one  of  his  six 
councillors,  respectively ;  and  in  case  any  of  the  proprietors  hath  not, 
in  his  absence  out  of  Carolina,  a  deputy,  commissioned  under  his  hand 
and  seal,  the  eldest  nobleman  of  his  court  shall  of  course  be  his 
deputy. 

Sixtj^-one.  In  every  county  there  shall  be  a  court,  consisting  of  a 
sheriff,  and  four  justices  of  the  county,  for  every  precinct  one.  The 
sheriff  shall  be  an  inhabitant  of  the  county,  and  have  at  least  five 


2780  North  Carolina— 1669 

hundred  acres  of  freehold  within  the  said  county;  and  the  justices 
shall  be  inhabitants,  and  have  each  of  them  five  hundred  acres  apiece 
freehold  within  the  precinct  for  which  they  serve  respectively.  These 
five  shall  be  chosen  from  time  to  time  and  commissioned  by  the  pala- 
tine's court. 

Sixty-tw^o.  For  any  personal  causes  exceeding  the  value  of  two  hun- 
dred pounds  sterling,  or  in  title  of  land,  or  in  any  criminal  cause, 
either  party  upon  paying  twenty  pounds  sterling  to  the  lords  pro- 
prietors' use,  shall  have  liberty  of  appeal  from  the  county  court  unto 
the  respective  proprietor's  court. 

Sixty-three.  In  every  precinct  there  shall  be  a  court,  consisting  of 
a  steward  and  four  justices  of  the  precinct,  being  inhabitants  and 
having  three  hundred  acres  of  freehold  within  the  said  precinct, 
who  shall  judge  all  criminal  causes;  except  for  treason,  murder,  and 
any  other  offences  punishable  w4th  death,  and  except  all  criminal 
causes  of  the  nobility;  and  shall  judge  also  all  civil  causes  whatso- 
ever; and  in  all  personal  actions  not  exceeding  fifty  pounds  sterling, 
without  appeal;  but  where  the  cause  shall  exceed  that  value,  or 
concern  a  title  of  land,  and  in  all  criminal  causes,  there  either  party, 
upon  paying  five  pounds  sterling  to  the  lords  proprietors'  use,  shall 
have  liberty  of  appeal  to  the  county  court. 

Sixty-four.  No  cause  shall  be  twice  tried  in  any  one  court,  upon 
any  reason  or  pretence  whatsoever. 

Sixty-five.  For  treason,  murder,  and  all  other  •  offences  punishable 
with  death,  there  shall  be  a  commission,  twice  a  year  at  least,  granted 
unto  one  or  more  members  of  the  grand  council  or  colleges;  who 
shall  come  as  itinerant  judges  to  the  several  counties,  and  with  the 
sheriff  and  four  justices  shall  hold  assizes  to  judge  all  such  causes; 
but,  upon  paying  of  fifty  pounds  sterling  to  the  lords  proprietors'  use, 
there  shall  be  liberty  of  appeal  to  the  respective  proprietor's  court. 

Sixty-six.  The  grand  jury  at  the  several  assizes  shall,  upon  their 
oaths,  and  under  their  hands  and  seals,  deliver  in  to  their  itinerant 
judges  a  presentment  of  such  grievances,  misdemeanors,  exigencies, 
or  defects,  which  they  think  necessary  for  the  public  good  of  the 
country;  wJiich  presentments  shall,  by  the  itinerant  judges,  at  the 
end  of  their  circuit,  be  delivered  in  to  the  grand  council  at  their  next 
sitting.  And  w^hatsoever  therein  concerns  the  execution  of  law^s 
already  made,  the  several  proprietors'  courts,  in  the  matters  belong- 
ing to  each  of  them,  respectively,  shall  take  cognizance  of  it,  and 
give  such  order  about  it  as  shall  be  effectual  for  the  due  execution 
of  the  laws.  But  whatever  concerns  the  making  of  any  new  law, 
shall  be  referred  to  the  several  respective  courts  to  w^hich  that  matter 
belongs,  and  be  by  them  prepared  and  brought  to  the  grand  council. 

Sixty-seven.  For  terms,  there  shall  be  quarterly  such  a  certain 
number  of  days,  not  exceeding  one-and-twenty  at  any  one  time,  as 
the  several  respective  courts  shall  appoint.  The  time  for  the  begin- 
ning of  the  term,  in  the  precinct  court,  shall  be  the  first  Monda}^ 
in  January,  April,  July,  and  October;  in  the  county  court,  the  first 
Monday  in  February,  May,  August,  and  November;  and  in  the 
proprietors'  courts  the  first  Monday  in  March,  June,  September,  and 
December. 

Sixty-eight.  In  the  precinct  court  no  man  shall  be  a  juryman 
under  fifty  acres  of  freehold.  In  the  county  court,  or  at  the  assizes, 
no  man   shall  be  a  grand- juryman  under  three  hundred   acres  of 


North  Carolina— 1669  2781 

freehold;  and  no  man  shall  be  a  petty- juryman  under  two  hundred 
acres  of  freehold.  In  the  proprietors'  courts  no  man  shall  be  a 
juryman  under  five  hundred  acres  of  freehold. 

Sixty-nine.  Every  jury  shall  consist  of  twelve  men;  and  it  shall 
not  be  necessary  they  should  all  agree,  but  the  verdict  shall  be 
according  to  the  consent  of  the  majority. 

Seventy.  It  shall  be  a  base  and  vile  thing  to  plead  for  money  or 
reward;  nor  shall  any  one  (except  he  be  a  near  kinsman,  not  farther 
off  than  cousin-german  to  the  party  concerned)  be  permitted  to 
plead  another  man's  cause,  till,  before  the  judge  in  open  court,  he 
hath  taken  an  oath  that  he  doth  not  plead  for  money  or  reward, 
nor  hath  nor  will  receive,  nor  directly  nor  indirectly  bargained  with 
the  party  whose  cause  he  is  going  to  plead,  for  money  or  any  other 
reward  for  pleading  his  cause. 

Seventy-one.  There  shall  be  a  parliament,  consisting  of  the  pro- 
prietors or  their  deputies,  the  landgraves,  and  caziques,  and  one  free- 
holder out  of  every  precinct,  to  be  chosen  by  the  freeholders  of  the  said 
precinct,  respectively.  They  shall  sit  all  together  in  one  room,  and 
have  every  member  one  vote. 

Seventy-two.  No  man  shall  be  chosen  a  member  of  parliament  who 
has  less  than  five  hundred  acres  of  freehold  within  the  precinct  for 
which  he  is  chosen;  nor  shall  any  have  a  vote  in  choosing  the  said 
member  that  hath  less  than  fifty  acres  of  freehold  within  the  said 
precinct. 

Seventy-three.  A  new  parliament  shall  be  assembled  the  first  Mon- 
day of  the  month  of  November  every  second  year,  and  shall  meet 
and  sit  in  the  town  they  last  sat  in,  without  any  summons,  unless  by 
the  palatine's  court  they  be  summoned  to  meet  at  any  other  place. 
And  if  there  shall  be  any  occasion  of  a  parliament  in  these  intervals, 
it  shall  be  in  the  power  of  the  palatine's  court  to  assemble  them  in 
forty  days'  notice,  and  at  such  time  and  place  as  the  said  court  shall 
think  fit;  and  the  palatine's  court  shall  have  power  to  dissolve  the 
said  parliament  when  they  shall  think  fit. 

Seventy- four.  At  the  opening  of  every  parliament,  the  first  thing 
that  shall  be  done  shall  be  the  reading  of  these  fundamental  consti- 
tutions, which  the  palatine  and  proprietors,  and  the  rest  of  the 
members  then  present,  shall  subscribe.  Nor  shall  any  person  what- 
soever sit  or  vote  in  the  parliament  till  he  hath  that  session  subscribed 
these,  fundamental  constitutions,  in  a  book  kept  for  that  purpose  by 
the  clerk  of  the  parliament. 

Seventy-five.  In  order  to  the  due  election  of  members  for  the  bien- 
nial parliament,  it  shall  be  lawful  for  the  freeholders  of  the  respec- 
tive precincts  to  meet  the  first  Tuesday  in  September  every  two  years, 
in  the  same  town  or  place  that  they  last  met  in,  to  choose  parliament 
men;  and  there  choose  those  members  that  are  to  sit  the  next  Novem- 
ber following,  unless  the  steward  of  the  precinct  shall,  by  suiRcient 
notice  thirty  days  before,  appoint  some  other  place  for  their  meeting 
in  order  to  the  election. 

Seventy-six.  No  act  or  order  of  parliament  shall  be  of  any  force, 
unless  it  be  ratified  in  open  parliament,  during  the  same  session,  by 
the  palatine  or  his  deputy,  and  three  more  of  the  lords  praprietors 
or  their  deputies ;  and  then  not  to  continue  longer  in  force  but  until 
the  next  biennial  parliament,  unless  in  the  mean  time  it  be  ratified 
under  the  hands  and  seals  of  the  palatine  himself,  and  three  more  of 


2782  North  Carolina— 1669 

the  lords  proprietors  themselves,  and  by  their  order  published  at  the 
next  biennial  parliament. 

Seventy-seven.  Any  proprietor  or  his  deputy  may  enter  his  pro- 
testation against  any  act  of  the  parliament,  before  the  palatine  or  his 
deputy's  consent  be  given  as  aforesaid,  if  he  shall  coniseive  the  said 
act  to  be  contrary  to  this  establishment,  or  any  of  these  fundamental 
constitutions  of  the  government.  And  in  such  case,  after  full  and 
free  debate,  the  several  estates  shall  retire  into  four  several  chambers ; 
the  palatine  and  proprietors  into  one;  the  landgraves  into  another; 
the  caziques  into  another;  and  those  chosen  by  the  precincts  into  a 
fourth;  and  if  the  major  part  of  any  of  the  four  estates  shall  vote 
that  the  law  is  not  agreeable  to  this  establishment,  and  these  funda- 
mental constitutions  of  the  government,  then  it  shall  pass  no  farther, 
but  be  as  if  it  had  never  been  proposed. 

Seventy-eight.  The  quorum  of  the  parliament  shall  be  one-half 
of  those  who  are  members  and  capable  of  sitting  in  the  house  that 
present  session  of  parliament.  The  quorum  of  each  of  the  chambers 
of  parliament  shall  be  one-half  of  the  members  of  that  chamber. 

Seventy-nine.  To  avoid  multiplicity  of  laws,  which  by  degrees 
always  change  the  right  foundations  of  the  original  government,  all 
acts  of  parliament  whatsoever,  in  whatsoever  form  passed  or  enacted, 
shall,  at  the  end  of  a  hundred  years  after  their  enacting,  respectively 
cease  and  determine  of  themselves,  and  without  any  repeal  become 
null  and  void,  as  if  no  such  acts  or  laws  had  ever  been  made. 

Eighty.  Since  multiplicity  of  comments,  as  well  as  of  laws,  have 
great  inconveniencies,  and  serve  only  to  obscure  and  perplex,  all 
manner  of  comments  and  expositions  on  any  part  of  these  funda- 
mental constitutions,  or  on  any  part  of  the  common  or  statute  laws 
of  Carolina,  are  absolutely  prohibited. 

Eighty-one.  There  shall  be  a  registry  in  every  precinct,  wherein 
shall  be  enrolled  all  deeds,  leases,  judgments,  mortgages,  and  other 
conveyances,  which  may  concern  any  of  the  lands  Avithin  the  said 
precinct ;  and  all  such  conveyances  not  so  entered  and  registered  shall 
not  be  of  force  against  any  person  or  party  to  the  said  contract  or 
conveyance. 

Eighty-two.  No  man  shall  be  register  of  any  precinct  who  hath  not 
at  least  three  hundred  acres  of  freehold  within  the  said  precinct. 

Eighty-three.  The  freeholders  of  every  precinct  shall  nominate 
three  men;  out  of  which  three  the  chief  justice's  court  shall  choose 
and  commission  one  to  be  register  of  the  said  precinct,  whilst  he  shall 
well  behave  himself. 

Eighty-four.  There  shall  be  a  registry  in  every  signiory,  barony, 
and  colony,  wherein  shall  be  recorded  all  the  births,  marriages,  and 
deaths  that  shall  happen  within  the  respective  signiories,  baronies, 
and  colonies. 

Eighty -five.  No  man  shall  be  register  of  a  colony  that  hath  not 
above  fifty  acres  of  freehold  within  the  said  colony. 

Eighty-six.  The  time  of  every  one's  age,  that  is  born  in  Carolina, 
shall  be  reckoned  from  the  day  that  his  birth  is  entered  in  the  registry, 
and  not  before. 

Eighty-seven.  No  marriage  shall  be  lawful,  whatever  contract  and 
ceremony  they  have  used,  till  both  the  parties  mutually  own  it  before 
the  register  of  the  place  where  they  were  married,  and  he  register  it, 
with  the  names  of  the  father  and  mother  of  each  party. 


North  Carolina— 1669  2783 

Eighty-eight.  No  man  shall  administer  to  the  goods,  or  have  a 
right  to  them,  or  enter  upon  the  estate  of  any  person  deceased,  till  his 
death  be  registered  in  the  respective  registry. 

Eighty-nine.  He  that  doth  not  enter  in  the  respective  registry  the 
birth  or  death  of  any  person  that  is  born  or  dies  in  his  house  or 
ground,  shall  pay  to  the  said  register  one  shilling  per  week  for  each 
such  neglect,  reckoning  from  the  time  of  each  birth  or  death, 
respectively,  to  the  time  of  entering  it  in  the  register. 

Ninety.  In  like  manner,  the  births,  marriages,  and  deaths  of  the 
lords  proprietors,  landgraves,  and  caziques  shall  be  registered  in  the 
chamberlain's  court. 

Ninety-one.  There  shall  be  in  every  colony  one  constable,  to  be 
chosen  annually,  by  the  freeholders  of  the  colony ;  his  estate  shall  be 
above  a  hundred  acres  of  freehold  within  the  said  colony,  and  such 
subordinate  officers  appointed  for  his  assistance  as  the  county  court 
shall  find  requisite,  and  shall  be  established  by  the  said  county  court. 
The  election  of  the  subordinate  annual  officers  shall  be  also  in  the  free- 
holders of  the  colony. 

Ninety-two.  All  towns  incorporate  shall  be  governed  by  a  mayor, 
twelve  aldermen,  and  twenty-four  of  the  common  council.  The  said 
common  council  shall  be  chosen  by  the  present  householders  of  the 
said  town;  the  aldermen  shall  be  chosen  out  of  the  common  council; 
and  the  mayor  out  of  the  aldermen,  by  the  palatine's  court. 

Ninety-three.  It  being  of  great  consequence  to  the  plantation  that 
port-towns  should  be  built  and  preserved ;  therefore,  whosoever  shall 
lade  or  unlade  any  commodity  at  any  other  place  than  a  port-town, 
shall  forfeit  to  the  lords  proprietors,  for  each  ton  so  laden  or  unladen, 
the  sum  of  ten  pounds  sterling;  except  only  such  goods  as  the  pala- 
tine's court  shall  license  to  be  laden  or  unladen  elsewhere. 

Ninety-four.  The  first  port-town  upon  every  river  shall  be  in  a 
colony,  and  be  a  port-town  forever. 

Ninety-five.  No  man  shall  be  permitted  to  be  a  freeman  of  Caro- 
lina, or  to  have  any  estate  or  habitation  within  it,  that  doth  not 
acknowledge  a  God;  and  that  God  is  publicly  and  solemnly  to  be 
worshipped. 

Ninety-six.  [As  the  country  comes  to  be  sufficiently  planted  and. 
distributed  into  fit  divisions,  it  shall  belong  to  the  parliament  to  take 
care  for  the  building  of  churches,  and  the  public  maintenance  of 
divines,  to  be  employed  in  the  exercise  of  religion,  according  to  the 
Church  of  England;  which  bein^  the  only  true  and  orthodox,  and 
the  national  religion  of  all  the  King's  dominions,  is  so  also  of  Caro- 
lina ;  and,  therefore,  it  alone  shall  be  allowed  to  receive  public  mainte- 
nance, by  grant  of  parliament.]* 

Ninety-seven.  But  since  the  natives  of  that  place,  who  will  be  con- 
cerned in  our  plantation,  are  utterly  strangers  to  Christianity,  whose 
idolatry,  ignorance,  or  mistake  gives  us  no  right  to  expel  or  use  them 
ill ;  and  those  who  remove  from  other  parts  to  plant  there  will 
unavoidably  be  of  different  opinions  concerning  matters  of  religion, 
the  liberty  whereof  they  will  expect  to  have  allowed  them,  and  it  will 
not  be  reasonable  for  us,  on  this  account,  to  keep  them  out,  that  civil 

oThis  article  was  not  drawn  up  by  Mr.  Locke,  but  inserted  by  some  of  the 
chief  of  the  proprietors,  against  his  judgment ;  as  Mr.  Loclie  himself  informed 
one  of  his  friends,  to  whom  he  presented  a  copy  of  these  constitutions. 


2784  NoHh  Carolina— 1669 

peace  may  be  maintained  amidst  diversity  of  opinions,  and  our  agree- 
ment and  compact  with  all  men  may  be  duly  and  faithfully  observed ; 
the  violation  whereof,  upon  what  pretence  soever,  cannot  be  without 
great  offence  to  Almighty  God,  and  great  scandal  to  the  true  religion 
which  we  profess ;  and  also  that  Jews,  heathens,  and  other  dissenters 
from  the  purity  of  Christian  religion  may  not  be  scared  and  kept  at 
a  distance  from  it,  but,  by  having  an  opportunity  of  acquainting 
themselves  with  the  truth  and  reasonableness  of  its  doctrines,  and  the 
peaceableness  and  inoffensiveness  of  its  professors,  may,  by  good 
usage  and  persuasion,  and  all  those  convincing  methods  of  gentleness 
and  meekness,  suitable  to  the  rules  and  design  of  the  gospel,  be  won 
ever  to  embrace  and  unfeignedly  receive  the  truth;  therefore,  any 
seven  or  more  persons  agreeing  in  any  religion,  shall  constitute  a 
church  or  profession,  to  which  they  shall  give  some  name,  to  dis- 
tinguish it  from  others. 

Ninety-eight.  The  terms  of  admittance  and  communion  with  any 
church  or  profession  shall  be  written  in  a  book,  and  therein  be  sub- 
scribed by  all  the  members  of  the  said  church  or  profession;  which 
book  shall  be  kept  by  the  public  register  of  the  precinct  wherein  they 
reside. 

Ninety-nine.  The  time  of  every  one's  subscription  and  admittance 
shall  be  dated  in  the  said  book  or  religious  record. 

One  hundred.  In  the  terms  of  communion  of  every  church  or  pro- 
fession, these  following  shall  be  three ;  without  which  no  agreement 
or  assembly  of  men,  upon  pretence  of  religion,  shall  be  accounted  a 
church  or  profession  within  these  rules : 

1st.  "  That  there  is  a  God." 

II.  "  That  God  is  publicly  to  be  worshipped." 

III.  "  That  it  is  lawful  and  the  duty  of  every  man,  being  thereunto 
called  by  those  that  govern,  to  bear  witness  to  truth ;  and  that  every 
church  or  profession  shall,  in  their  terms  of  communion,  set  down 
the  external  way  whereby  they  witness  a  truth  as  in  the  presence  of 
God,  whether  it  be  by  laying  hands  on  or  kissing  the  bible,  as  in  the 
Church  of  England,  or  by  holding  up  the  hand,  or  any  other  sensible 
way." 

One  hundred  and  one.  No  person  above  seventeen  years  of  age 
shall  have  any  benefit  or  protection  of  the  law,  or  be  capable  of  any 
place  of  profit  or  honor,  who  is  not  a  member  of  some  church  or 
profession,  having  his  name  recorded  in  some  one,  and  but  one  reli- 
gious record  at  once. 

One  hundred  and  two.  No  person  of  any  other  church  or  profes- 
sion shall  disturb  or  molest  any  religious  assembly. 

One  hundred  and  three.  No  person  whatsoever  shall  speak  anything 
in  their  religious  assembly  irreverently  or  seditiously  of  the  govern- 
ment or  governors,  or  of  state  matters. 

One  hundred  and  four.  Any  person  subscribing  the  terms  of  com- 
munion, in  the  record  of  the  said  church  or  profession,  before  the 
precinct  register,  and  any  five  members  of  the  said  church  or  profes- 
sion, shall  be  thereby  made  a  member  of  the  said  church  or  profession. 

One  hundred  and  five.  Any  person  striking  out  his  own  name  out 
of  any  religious  record,  or  his  name  being  struck  out  by  any  officer 
thereunto  authorized  by  each  church  or  profession  respectively,  shall 
cease  to  be  a  member  of  that  church  or  profession. 


North  Carolina— 1669  2785 

One  hundred  and  six.  No  man  shall  use  any  reproachful,  reviling, 
or  abusive  language  against  any  religion  of  any  church  or  profession ; 
that  being  the  certain  way  of  disturbing  the  peace,  and  of  hindering 
the  conversion  of  any  to  the  truth,  by  engaging  them  in  quarrels  and 
animosities,  to  the  hatred  of  the  professors  and  that  profession  which 
otherwise  they  might  be  brought  to  assent  to. 

One  hundred  and  seven.  Since  charity  obliges  us  to  wish  well  to 
the  souls  of  all  men,  and  religion  ought  to  alter  nothing  in  any  man's 
civil  estate  or  right,  it  shall  be  lawful  for  slaves,  as  well  as  others,  to 
enter  themselves,  and  be  of  what  church  or  profession  any  of  them 
shall  think  best,  and,  therefore,  be  as  fully  members  as  any  freeman. 
But  yet  no  slave  shall  hereby  be  exempted  from  that  civil  dominion 
his  master  hath  over  him,  but  be  in  all  things  in  the  same  state  and 
condition  he  was  in  before. 

One  hundred  and  eight.  Assemblies,  upon  what  pretence  soever  of 
religion,  not  observing  and  performing  the  above  said  rules,  shall  not 
be  esteemed  as  churches,  but  unlawful  meetings,  and  be  punished  as 
other  riots. 

One  hundred  and  nine.  No  person  whatsover  shall  disturb,  molest, 
or  persecute  another  for  his  speculative  opinions  in  religion,  or  his 
way  of  worship. 

One  hundred  and  ten.  Every  freeman  of  Carolina  shall  have  abso- 
lute power  and  authority  over  his  negro  slaves,  of  what  opinion  or 
religion  soever. 

One  hundred  and  eleven.  No  cause,  whether  civil  or  criminal,  of 
any  freeman,  shall  be  tried  in  any  court  of  judicature,  without  a 
jury  of  his  peers. 

One  hundred  and  twelve.  No  person  whatever  shall  hold  or  claim 
any  land  in  Carolina  by  purchase  or  gift,  or  otherwise,  from  the 
natives,  or  any  other  whatsoever,  but  merely  from  and  under  the 
lords  proprietors,  upon  pain  of  forfeiture  of  all  his  estate,  movable 
or  immovable,  and  perpetual  banishment. 

One  hundred  and  thirteen.  Whosoever  shall  possess  any  freehold 
in  Carolina,  upon  w^hat  title  or  grant  soever,  shall,  at  the  farthest, 
from  and  after  the  year  one  thousand  six  hundred  and  eighty-nine, 
pay  yearly  unto  the  lords  proprietors,  for  each  acre  of  land,  English 
measure,  as  much  fine  silver  as  is  at  this  present  time  in  one  English 
penny,  or  the  value  thereof,  to  be  as  a  chief  rent  and  acknowledg- 
ment to  the  lords  proprietors,  their  heirs  and  successors,  forever. 
And  it  shall  be  lawful  for  the  palatine's  court,  by  their  officers,  at 
any  time  to  take  a  new  survey  of  any  man's  land,  not  to  oust  him 
of  any  part  of  his  possession,  but  that  by  such  a  survey  the  just 
number  of  acres  he  possesseth  may  be  known,  and  the  rent  thereon 
due  may  be  paid  by  him. 

One  hundred  and  fourteen.  All  wrecks,  mines,  minerals,  quarries 
of  gems,  and  precious  stones,  with  pearl-fishing,  whale-fishing,  and 
one-half  of  all  ambergris,  by  whomsoever  found,  shall  wholly  belong 
to  the  lords  proprietors. 

One  hundred  and  fifteen.  All  revenues  and  profits  belonging  to  the 
lords  proprietors  in  common  shall  be  divided  mto  ten  parts,  whereof 
the  palatine  shall  have  three,  and  each  proprietor  one;  but  if  the 
palatine  shall  govern  by  a  deputy,  the  deputy  shall  have  one  of  those 
three-tenths,  and  the  palatine  the  other  two-tenths. 


2786  N(yHh  Carolina— 1775 

One  hundred  and  sixteen.  All  inhabitants  and  freemen  of  Carolina 
above  seventeen  years  of  age,  and  under  sixty,  shall  be  bound  to  bear 
arms  and  serve  as  soldiers,  whenever  the  grand  council  shall  find  it 
necessary. 

One  hundred  and  seventeen.  A  true  copy  of  these  fundamental 
constitutions  shall  be  kept  in  a  great  book  by  the  register  of  every 
precinct,  to  be  subscribed  before  the  said  register.  Nor  shall  any 
person,  of  what  degree  or  condition  soever,  above  seventeen  years  old, 
have  any  estate  or  possession  in  Carolina,  or  protection  or  benefit  of 
the  law  there,  who  hath  not,  before  a  precinct  register,  subscribed 
these  fundamental  constitutions  in  this  form : 

"  I,  A.  B.,  do  promise  to  bear  faith  and  true  allegiance  to  our 
sovereign  lord  King  Charles  II,  his  heirs  and  successors;  and  will 
be  true  and  faithful  to  the  palatine  and  lords  proprietors  of  Caro- 
lina, their  heirs  and  successors;  and  with  my  utmost  power  will 
defend  them,  and  maintain  the  government  according  to  this  estab- 
lishment in  these  fundamental  constitutions." 

One  hundred  and  eighteen.  Whatsoever  alien  shall,  in  this  form, 
before  any  precinct  register,  subscribe  these  fundamental  constitu- 
tions, shall  be  thereby  naturalized. 

One  hundred  and  nineteen.  In  the  same  manner  shall  every  person, 
at  his  admittance  into  any  office,  subscribe  these  fundamental  con- 
stitutions. 

One  hundred  and  twenty.  These  fundamental  constitutions,  in 
number  a  hundred  and  twenty,  and  every  part  thereof,  shall  be  and 
remain  the  sacred  and  unalterable  form  and  rule  of  government  of 
Carolina  forever.  Witness  our  hands  and  seals,  the  first  day  of 
March,  sixteen  hundred  and  sixty-nine. 


THE  MECKLENBURGH  RESOLUTIONS— 1775  *  « 

I.  Resolved:  That  whosoever  directly  or  indirectly  abets,  or  in 
any  way,  form,  or  manner  countenances  the  unchartered  and  danger- 
ous invasion  of  our  rights,  as  claimed  by  Great  Britain,  is  an  enemy 
to  this  country — to  America — and  to  the  inherent  and  inalienable 
rights  of  man. 

II.  Resolved:  That  we  do  hereby  declare  ourselves  a  free  and 
independent  people;  are,  and  of  right  ought  to  be  a  sovereign  and 
self-governing  association,  under  the  control  of  no  power,  other  than 
that  of  our  God  and  the  General  Government  of  the  Congress:  To 
the  maintainance  of  which  Independence  we  solemnly  pledge  to  each 
other  our  mutual  co-operation,  our  Lives,  our  Fortunes,  and  our  most 
Sacred  Honor. 

III.  Resolved:  That  as  we  acknowledge  the  existence  and  control 
of  no  law  or  legal  officer,  civil  or  military,  within  this  county,  we 
do  hereby  ordain  and  adopt  as  a  rule  of  life,  all,  each,  and  every 

*  Address  of  the  Hon.  William  A.  Graham,  On  the  Mecklenburgh  Declaration 
of  Independence,  *  *  *  with  Accompanying  Documents.  New  York  (E.  J. 
Hale  &  Sons,  publishers)  1875.     167  pp. 

oThfs  declaration  of  independence  (with  a  supplementary  set  of  resolutions 
establishing  a  form  of  government)  was  adopted  (as  it  is  claimed)  by  a  conven- 
tion of  delegates  from  different  sections  of  Mecklenburgh  County,  which  assem- 
bled at  Charlotte  May  20,  1775. 


North  Carolina— 1776  2787 

one  of  our  former  laws,  wherein,  nevertheless,  the  Crown  of  Great 
Britain  never  can  be  considered  as  holding  rights,  privileges,  or 
authorities  therein. 

IV.  Resolved:  That  all,  each,  and  every  Military  Officer  in  this 
country  is  hereby  reinstated  in  his  former  command  and  authority, 
he  actmg  conformably  to  their  regulations,  and  that  every  Member 
present  of  this  Delegation,  shall  henceforth  be  a  Civil  Officer,  viz :  a 
Justice  of  the  Peace,  in  the  character  of  a  Committee  Man,  to  issue 
process,  hear  and  determine  all  matters  of  controversy,  according  to 
said  adopted  laws,  and  to  preserve  Peace,  Union,  and  Harmony  in 
said  county,  to  use  every  exertion  to  spread  the  Love  of  Country 
and  Fire  of  Freedom  throughout  America,  until  a  more  general 
and  organized  government  be  established  in  this  Province. 

Abraham  Alexander,  Chairman. 

John  McKnitt  Alexander,  Secretary. 


CONSTITUTION  OF  NORTH  CAROLINA— 1776  *  « 


I.  That  all  political  power  is  vested  in  and  derived  from  the 
people  only. 

II.  That  the  people  of  this  State  ought  to  have  the  sole  and  exclu- 
sive right  of  regulating  the  internal  government  and  police  thereof. 

III.  That  no  man  or  set  of  men  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community,. but  in  consideration 
of  public  services. 

IV.  That  the  legislative,  executive,  and  supreme  judicial  powers 
of  government,  ought  to  be  forever  separate  and  distinct  from  each 
other. 

V.  That  all  powers  of  suspending  laws,  or  the  execution  of  laws, 
by  any  authority,  without  consent  of  the  Representatives  of  the 
people,  is  injurious  to  their  rights,  and  ought  not  to  be  exercised. 

VI.  That  elections  of  members,  to  serve  as  Representatives  in 
General  Assembly,  ought  to  be  free. 

VII.  That,  in  all  criminal  prosecutions,  every  man  has  a  right  to 
be  informed  of  the  accusation  against  Riih,  and  lo  confront  the 
accusers  and  witnesses  with  other  testimony,  and  shall  not  be  com- 
pelled to  give  evidence  against  himself. 

VIII.  That  no  freeman  shall  be  put  to  answer  any  criminal  charge, 
but  by  indictment,  presentment,  or  impeachment. 

IX.  That  no  freeman  shall  be  convicted  of  any  crime,  but  by  the 
unanimous  verdict  of  a  jury  of  good  and  lawful  men,  in  open  court, 
as  heretofore  used. 

*  Verified  from  "  The  Proceedings  and  Debates  of  the  Convention  of  North- 
Carolina,  called  to  amend  the  Constitution  of  the  State,  which  assembled  at 
Raleigh,  June  4,  1835.  To  which  are  subjoined  the  Convention  act  and  the 
Amendments  to  the  Constitution  together  with  the  votes  of  the  People.  Raleigh  : 
Printed  hy  Joseph  Gales  and  Son,  183G."     Appendix,  pp.  409^24. 

°  This  constitution  was  framed  by  a  "  Congress,"  "  elected  and  chosen  for  that 
particular  purpose,"  which  assembled  at  Halifax  November  12,  177G,  and  com- 
pleted its  labors  December  18,  1776.  It  was  not  submitted  to  the  people  for 
ratification. 

7254— VOL 


2788  North  Carolina— 1776 

X.  That  excessive  bail  should  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted. 

XI.  That  general  warrants — whereby  an  officer  or  messenger  may 
be  commanded  to  search  suspected  places,  without  evidence  of  the 
fact  committed,  or  to  seize  any  person  or  persons,  not  named,  whose 
offences  are  not  particularly  described,  and  supported  by  evidence — 
are  dangerous  to  liberty,  and  ought  not  to  be  granted. 

XII.  That  no  freeman  ought  to  be  taken,  imprisoned,  or  disseized 
of  his  freehold,  Trbei:tie:?  or  privileges,  or  outlawed,  or  exiled,  or  in 
any  manner  destroyed,  or  deprived  of  his  life,  liberty,  or  property, 
but  by  the  law  of  the  land. 

XIII.  That  every  freeman,  restrained  of  his  liberty,  is  entitled  to  a 
remedy,  to  inquir^TTnto-the  lawfulness  thereof,  and  to  remove  the 
same,  if  unlawful;  and  that  such  remedy  ought  not  to  be  denied  or 
delayed.  ^ 

XIV.  That  in  all  controversies  at  law,  respecting  property,  the 
ancient  mode  of  trial,  by  jury,  is  one  of  the  best  securities  of  the 
rights  of  the  people,  and  ought  to  remain  sacred  and  inviolable. 

XY.  That  the  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  therefore  ought  never  to  be  restrained. 

XVI.  That  the  people  of  this  State  ought  not  to  be  taxed,  or  made 
subject  to  the  payment  of  any  impost  or  duty,  without  the  consent  of 
themselves,  or  their  Representatives  in  General  Assembly,  freely 
given. 

XVII.  That  the  people  have  a  right  to  bear  arms,  for  the  defence 
of  the  State ;  and,  as  standing  armies,  in  time  of  peace,  are  dangerous 
to  liberty,  they  ought  not  to  be  kept  up ;  and  that  the  military  should 
be  kept  under  strict  subordination  to,  and  governed  by,  the  civil 
power. 

XVIII.  That  the  people  have  a  right  to  assemble  together,  to  con- 
sult for  their  common  good,  to  instruct  their  Representatives,  and  to 
apply  to  the  Legislature,  for  redress  of  grievances. 

XIX.  That  alljiienhave  a  natural  and  unalienable  right  to  wor- 
ship AlmighfyTjod  according  to  the  dictates  of  their  own  consciences. 

XX.  That,  for  redress  of  grievances,  and  for  amending  and 
strengthening  the  laws,  elections  ought  to  be  often  held. 

XXI.  That  a  frequent  recurrence  to  fundamental  principles  is 
absolutely  necessary,  to  preserve  the  blessings  of  liberty. 

XXII.  That  no  hereditary  emoluments,  privileges  or  honors  ought 
to  be  granted  or  conferred  in  this  State. 

XXIII.  That  perpetuities  and  monopolies  are  contrary  to  the 
genius  of  a  free  State,  and  ought  not  to  be  allowed. 

XXIV.  That  retrospective  laws,  punishing  facts  committed  before 
the  existence  of  such  laws,  and  by  them  only  declared  criminal,  are 
oppressive,  unjust,  and  incompatible  with  liberty;  wherefore  no  ex 
post  facto  law  ought  to  be  made. 

XXV.  The  property  of  the  soil,  in  a  free  government,  being  one  of 
the  essential  rights  of  the  collective  body  of  the  people,-  it  is  neces- 
sary, in  order  to  avoid  future  disputes,  that  the  limits  of  the  State 
should  be  ascertained  with  precision;  and  as  the  former  temporary 
line  between  North  and  South  Carolina,  was  confirmed,  and  extended 
by  Commissioners,  appointed  by  the  Legislatures  of  the  two  States, 
agreeable  to  the  order  of  the  late  King  George  the  Second,  in  Council, 
that  line,  and  that  only,  should  be  esteemed  the  southern  boundary 


North  Carolina— 1776  2789 

of  this  State  as  follows :  that  is  to  say,  beginning  on  the  sea  side,  at  a 
cedar  stake,  at  or  near  the  mouth  of  Little  River  (being  the  southern 
extremity  of  Brunswick  county,)  and  running  from  thence  a  north- 
west course,  through  the  boundary  house,  which  stands  in  thirty- 
three  degrees  fifty-six  minutes,  to  thirty-five  degrees  north  latitude; 
and  from  thence  a  west  course  so  far  as  is  mentioned  in  the  Charter 
of  King  Charles  the  Second,  to  the  late  Proprietors  of  Carolina. 
Therefore  all  the  territories,  seas,  waters,  and  harbours,  with  their 
appurtenances,  lying  between  the  line  above  described,  and  the  south- 
ern line  of  the  State  of  Virginia,  which  begins  on  the  sea  shore,  in 
thirty-six  degrees  thirty  minutes,  north  latitude,  and  from  thence 
runs  west,  agreeable  to  the  said  Charter  of  King  Charles,  are  the 
right  and  property  of  the  people  of  this  State,  to  be  held  by  them  in 
sovereignty ;  any  partial  line,  without  the  consent  of  the  Legislature 
of  this  State,  at  any  time  thereafter  directed,  or  laid  out,  in  anywise 
notwithstanding : — Provided  always^  That  this  Declaration  of  Rights 
shall  not  prejudice  any  nation  or  nations  of  Indians,  from  enjoying 
such  hunting-grounds  as  may  have  been,  or  hereafter  shall  be,  secured 
to  them  by  any  former  or  future  Legislature  of  this  State : — And  pro- 
vided also,  That  it  shall  not  be  construed  so  as  to  prevent  the  estab- 
lishment of  one  or  more  governments  westward  of  this  State,  by  con- 
sent of  the  Legislature : — And  provided  further,  That  nothing  herein 
contained  shall  affect  the  titles  or  possessions  of  individuals  holding 
or  claiming  under  the  laws  heretofore  in  force^  or  grants  heretofore 
made  by  the  late  King  George  the  Second,  or  his  predecessors,  or  the 
late  lords  proprietors,  or  any  of  them. 

THE    CONSTITUTION,    OR    FORM    OF    GOVERNMENT,   &C 

WHEREAS  allegiance  and  protection  are,  in  their  nature,  recip- 
rocal, and  the  one  should  of  right  be  refused  when  the  other  is 
withdrawn : 

And  whereas  George  the  Third,  King  of  Great  Britain,  and  late 
Sovereign  of  the  British  American  Colonies,  hath  not  only  with- 
drawn from  them  his  protection,  but,  by  an  act  of  the  British  Legis- 
lature, declared  the  inhabitants  of  these  States  out  of  the  protection 
of  the  British  crown,  and  all  their  property,  found  upon  the  high 
seas,  liable  to  be  seized  and  confiscated  to  the  uses  jnentioned  in  the 
said  act ;  and  the  said  George  the  Third  has  also  sent  fleets  and  armies 
to  prosecute  a  cruel  war  against  them,  for  the  purpose  of  reducing  the 
inhabitants  of  the  said  Colonies  to  a  state  of  abject  slavery ;  in  con- 
sequence whereof,  all  government  under  the  said  King,  within  the 
said  Colonies,  hath  ceased,  and  a  total  dissolution  of  government  in 
many  of  them  hath  taken  place. 

And  whereas  the  Continental  Congress,  having  considered  the 
premises,  and  other  previous  violations  of  the  rights  of  the  good 
people  of  America,  have  therefore  declared,  that  the  Thirteen 
United  Colonies  are,  of  right,  wholly  absolved  from  all  allegiance  to 
the  British  crown,  or  any  other  foreign  jurisdiction  whatsoever:  and 
that  the  said  Colonies  now  are,  and  forever  shall  be,  free  and 
independent  States. 

mierefore,  in  our  present  state,  in  order  to  prevent  anarchy  and 
confusion,  it  becomes  necessary,  that  government  should  be  estab- 
lished in  this  State ;  therefore  we,  the  Representatives  of  the  freemen 


2790  North  Carolina— 1776 

of  North- Carolina,  chosen  and  assembled  in  Congress,  for  the  express 
purpose  of  framing  a  Constitution,  under  the  authority  of  the  people, 
most  conducive  to  their  happiness  and  prosperity,  do  declare,  that  a 
government  for  this  State  shall  be  established,  in  manner  and  form 
following,  to  wit: 

I."  That  the  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to  wit,  a  Senate  and  House 
of  Commons, 

II.«  That  the  Senate  shall  be  composed  of  Kepresentatives,  annu- 
ally chosen  by  ballot,  one  for  each  county  in  the  State. 

IIL«  That  the  House  of  Commons  shall  be  composed  of  Repre- 
sentatives annually  chosen  by  ballot,  two  for  each  county,  and  one 
for  each  of  the  towns  of  Edenton,  Newbern,  Wilmington,  Salisbury, 
Hillsborough  and  Halifax. 

IV.  That  the  Senate  and  House  of  Commons,  assembled  for  the 
purpose  of  legislation,  shall  be  denominated,  The  General  Assembly. 

y."  That  each  member  of  the  Senate  shall  have  usually  resided  in 
the  county  in  which  he  is  chosen  for  one  year  immediately  preceding 
his  election,  and  for  the  same  time  shall  have  possessed,  and  con- 
tinue to  possess,  in  the  county  which  he  represents,  not  less  than 
three  hundred  acres  of  land  in  fee. 

VI.  That  each  member  of  the  House  of  Commons  shall  have  usu- 
ally resided  in  the  county  in  which  he  is  chosen  for  one  year  imme- 
diately preceding  his  election,  and  for  six  months  shall  have  pos- 
sessed, and  continue  to  possess,  in  the  county  which  he  represents, 
not  less  than  one  hundred  acres  of  land  in  fee,  or  for  the  term  of  his 
own  life.    .        — 

VII."  That  all  freemenT^f  the  age  of  twenty-one  years,  who  have 
been  inhabitants  of  any-orle  county  within  the  State  twelve  months 
immediately  preceding  the  day  of  any  election,  and  possessed  of  a 
freehold  within  the  same  county  of  fifty  acres  of  land,  for  six  months 
next  before,  and  at  the  day  of  election,  shall  be  entitled  to  vote  for  a 
member  of  the  Senate. 

VIII."  That  all  freemen  of  the  age  of  twenty-one  years,  who  have 
been  inhabitants  of  any  one  county  within  this  State  tAvelve  months 
immediately  preceding  the  day  of  any  election,  and  shall  have  paid 
public  taxes,  shall  be  entitled  to  vote  for  members  of  the  House  of 
Commons  for  the.  county  in  which  he  resides. 

IX.«  That  all  persons  possessed  of  a  freehold  in  any  town  in  this 
State,  having  a  right  of  representation,  and  also  all  freemen,  who 
have  been  inhabitants  of  any  such  town  tw^elve  months  next  before, 
and  at  the  day  of  election,  and  shall  have  paid  public  taxes,  shall  be 
entitled  to  vote  for  a  member  to  represent  such  tow^n  in  the  House 
of  Commons: — Provided  always.  That  this  section  shall  not  entitle 
any  inhabitant  of  such  town  to  vote  for  members  of  the  House  of 
Commons,  for  the  county  in  which  he  may  reside,  nor  any  free- 
holder in  such  county,  who  resides  without  or  beyond  the  limits  of 
such  town,  to  vote  for  a  member  for  said  town. 

X.  That  the  Senate  and  House  of  Commons,  when  met, "shall  each 
have  powder  to  choose  a  speaker,  and  other  their  officers ;  be  judges  of 
the  qualifications  and  elections  of  their  members ;  sit  upon  their  own 
adjournments  from  day  to  day;  and  prepare  bills,  to  be  passed  into 

o  See  amendments. 


North  Carolina— 1776  2791 

laws.  The  two  Houses  shall  direct  writs  of  election  for  supplying 
intermediate  vacancies;  and  shall  also  jointly,  by  ballot,  adjourn 
themselves  to  any  future  day  and  place. 

XI.  That  all  bills  shall  be  read  three  times  in  each  House,  before 
they  pass  into  laws,  and  be  signed  by  the  Speakers  of  both  Houses. 

XII.  That  every  person,  who  shall  be  chosen  a  member  of  the 
Senate  or  House  of  Commons,  or  appointed  to  any  office  or  place  of 
trust,  before  taking  his  seat,  or  entering  upon  the  execution  of  his 
office,  shall  take  an  oath  to  the  State;  and  all  officers  shall  also  take 
an  oath  of  office. 

XIII.«  That  the  General  Assembly  shall,  by  joint  ballot  of  both 
houses,  appoint  Judges  of  the  Supreme  Courts  of  Law  and  Equity, 
Judges  of  Admiralty,  and  Attorney-General,  who  shall  be  commis- 
sioned by  the  Governor,  and  hold  their  offices  during  good  behaviour. 

XIV.<^  That  the  Senate  and  House  of  Commons  shall  have  power 
to  appoint  the  generals  and  field-officers  of  the  militia,  and  all  officers 
of  the  regular  army  of  this  State. 

.XV.*  That  the  Senate  and  House  of  Commons,  jointly  at  their 
first  meeting  after  each  annual  election,  shall  by  ballot  elect  a  Gov- 
ernor for  one  year,  who  shall  not  be  eligible  to  that  office  longer  than 
three  years,  in  six  successive  years.  That  no  person,  under  thirty  years 
of  age,  and  who  has  not  been  a  resident  in  this  State  above  five  years, 
and  having,  in  the  State,  a  freehold  in  lands  and  tenements  above  the 
value  of  one  thousand  pounds,  shall  be  eligible  as  a  Governor. 

XIV.  That  the  Senate  and  House  of  Commons,  jointly,  at  their 
first  meeting  after  each  annual  election,,  shall  by  ballot  elect  seven 
persons  to  be  a  Council  of  State  for  one  year,  who  shall  advise  the 
Governor  in  the  execution  of  his  office ;  and  that  four  members  shall 
be  a  quorum;  their  advice  and  proceedings  shall  be  entered  in  a 
journal,  to  be  kept  for  that  purpose  only,  and  signed  by  the  members 
present;  to  any  part  of  which,  any  member  present  may  enter  his 
dissent.  And  such  journal  shall  be  laid  before  the  General  Assembly 
when  called  for  by  them. 

XVI I.  That  there  shall  be  a  seal  of  this  State,  which  shall  be  kept 
by  the  Governor,  and  used  by  him,  as  occasion  may  require ;  and  shall 
be  called,  The  Great  Seal  of  the  State  of  North  Carolina^  and  be 
affixed  to  all  grants  and  commissions. 

XVIII.  The  Governor,  for  the  time  being,  shall  be  captain-general 
and  commander  in  chief  of  the  militia;  and,  in  the  recess  of  the 
General  Assembly,  shall  have  power,  by  and  with  the  advice  of  the 
Council  of  State,  to  embody  the  militia  for  the  public  safety. 

XIX.«  That  the  Governor,  for  the  time  being,  shall  have  power  to 
draw  for  and  applv  such  sums  of  money  as  shall  be  voted  by  the 
general  assembly,  for  the  contingencies  of  government,  and  be  ac- 
countable to  them  for  the  same.  He  also  may,  by  and  with  the 
advice  of  the  Council  of  State,  lay  embargoes,  or  prohibit  the  expor- 
tation of  any  commodity,  for  any  term  not  exceeding  thirty  days,  at 
any  one  time  in  the  recess  of , the  General  Assembly;  and  shall  have 
the  power  of  granting  pardons  and  reprieves,  except  where  the  prose- 
cution shall  be  carried  on  by  the  General  Assembly,  or  the  law  shall 
otherwise  direct ;  in  which  case  he  may,  in  the  recess,  grant  a  reprieve 
until  the  next  sitting  of  the  General  Assembly ;  and  may  exercise  all 

o  See  amendrii:iits. 


2792  North  Carolina— 1776 

the  other  executive  powers  of  government,  limited  and  restrained  as 
by  this  Constitution  is  mentioned,  and  according  to  the  laws  of  the 
State.  And  on  his  death,  inability,  or  absence  from  the  State,  the 
Speaker  of  the  Senate  for  the  time  being — (and  in  case  of  his  death, 
inability,  or  absence  from  the  State,  the  Speaker  of  the  House  of 
Commons)  shall  exercise  the  powers  of  government  after  such 
death,  or  during  such  absence  or  inability  of  the  Governor  (or 
Speaker  of  the  Senate,)  or  until  a  new  nomination  is  made  by  the 
General  Assembly. 

XX.  That  in  every  case  where  any  officer,  the  right  of  whose 
appointment  is  by  this  Constitution  vested  in  the  General  Assembly, 
shall,  during  their  recess,  die,  or  his  office  by  other  means  become 
vacant,  the  Governor  shall  have  power,  with  the  advice  of  the  Coun- 
cil of  State,  to  fill  up  such  vacancy,  by  granting  a  temporary  commis- 
sion, which  shall  expire  at  the  end  of  the  next  session  of  the  General 
Assembly. 

XXI.  That  the  Governor,  Judges  of  the  Supreme  Court  of  Law 
and  Equity,  Judges  of  Admiralty,  and  Attorney-General,  shall  have 
adequate  salaries  during  their  continuance  in  office. 

XXII.  That  the  General  Assembly  shall,  by  joint  ballot  of  both 
Houses,  annually  appoint  a  Treasurer  or  Treasurers  for  this  State. 

XXIII.  That  the  Governor,  and  other  officers,  offending  against 
the  State,  by  violating  any  part  of  this  Constitution,  mal-adminis- 
tration,  or  corruption,  may  be  prosecuted,  on  the  impeachment  of  the 
General  Assembly,  or  presentment  of  the  Grand  Jury  of  any  court 
of  supreme  jurisdiction  in  this  State. 

XXIV.  That  the  General  Assembly  shall,  by  joint  ballot  of  both 
Houses,  triennially  appoint  a  Secretary  for  this  State. 

XXV.  That  no  persons,  who  heretofore  have  been,  or  hereafter 
may  be,  receivers  of  public  the  monies,  shall  have  a  seat  in  either 
House  of  General  Assembly,  or  be  eligible  to  any  office  in  this  State, 
until  such  person  shall  have  fully  accounted  for  and  paid  into  the 
treasury  all  sums  for  which  they  may  be  accountable  and  liable. 

XXVI.  That  no  Treasurer  shall  have  a  seat,  either  in  the  Senate, 
House  of  Commons,  or  Council  of  State,  during  his  continuance  in 
that  office,  or  before  he  shall  have  finall}^  settled  his  accounts  with  the 
public,  for  all  the  monies  which  may  be  in  his  hands  at  the  expiration 
of  his  office  belonging  to  the  State,  and  hath  paid  the  same  into  the 
hands  of  the  succeeding  Treasurer. 

XXVII.  That  no  officer  in  the  regular  army  or  navy,  in  the  service 
and  pay  of  the  United  States,  of  this  or  any  other  State,  nor  any 
contractor  or  agent  for  supplying  such  army  or  navy  with  clothing 
or  provisions,  shall  have  a  seat  either  in  the  Senate,  House  of  Com- 
mons, or  Council  of  State,  or  be  eligible  thereto :  and  any  member  of 
the  Senate,  House  of  Commons,  or  Council  of  State,  being  appointed 
to  and  accepting  of  such  office,  shall  thereby  vacate  his  seat. 

XXVIII.  That  no  member  of  the  Council  of  State  shall  have  a 
seat,  either  in  the  Senate,  or  House  of  Commons. 

XXIX.  That  no  Judge  of  the  Supreme  Court  of  Law  or  Equity, 
or  Judge  of  Admiralty,  shall  have  a  seat  in  the  Senate,  House  of 
Commons,  or  Council  of  State. 

XXX.  That  no  Secretary  of  this  State,  Attorney-General,  or  Clerk 
of  any  Court  of  record,  shall  have  a  seat  in  the  Senate,  House  of  Com- 
mons, or  Council  of  State. 


North  Carolina— 1776  2793 

XXXI.  That  no  clergyman,  or  preacher  of  the  gospel,  of  any  de- 
nomination, shall  be  capable  of  being  a  member  of  either  the  Senate, 
House  of  Commons,  or  Council  of  State,  while  he  continues  in  the 
exercise  of  the  pastoral  function. 

XXXII.«  That  no  person,  who  shall  deny  the  being  of  God  or  the 
truth  of  the  Protestant  religion,  or  the  divine  authority  either  of  the 
Old  or  New  Testaments,  or  w^ho  shall  hold  religious  principles  incom- 
patible with  the  freedom  and  safety  of  the  State,  shall  be  capable  of 
holding  any  office  or  place  of  trust  or  profit  in  the  civil  department 
within  this  State. 

XXXIII.  That  the  Justices  of  the  Peace,  within  their  respective 
counties  in  this  State,  shall  in  future  be  recommended  to  the  Governor 
for  the  time  being,  by  the  Kepresentatives  in  General  Assembly ;  and 
the  Governor  shall  commission  them  accordingly:  and  the  Justices, 
when  so  commissioned,  shall  hold  their  offices  during  good  behaviour, 
and  shall  not  be  removed  from  office  by  the  General  Assembly,  unless 
for  misbehaviour,  absence,  or  inability. 

XXXIV.  That  there  shall  be  no  establishment  of  any  one  religious 
church  or  denomination  in  this  State,  in  preference  to  any  other; 
neither  shall  any  person,  on  any  pretence  whatsoever,  be  compelled 
to  attend  any  place  of  worship  contrary  to  his  own  faith  or  judg- 
ment, nor  be  obliged  to  pay,  for  the  purchase  of  any  glebe,  or  the 
building  of  any  house  of  worship,  or  for  the  maintenance  of  any 
minister  or  ministry,  contrary  to  w^hat  he  believes  right,  or  has  vol- 
untarily and  personally  engaged  to  perform ;  but  all  persons  shall  be 
at  liberty  to  exercise  their  own  mode  of  worship: — Pronided,  That 
nothing  herein  contained  shall  be  construed  to  exempt  preachers  of 
treasonable  or  seditious  discourses,  from  legal  trial  and  punishment. 

XXXV.  That  no  person  in  the  State  shall  hold  more  than  one 
lucrative  office,  at  any  one  time : — Provided,  That  no  appointment  in 
the  militia,  or  the  office  of  a  Justice  of  the  Peace,  shall  be  considered 
as  a  lucrative  office. 

XXXVI.  That  all  commissions  and  grants  shall  run  in  the  name 
of  the  State  of  North  Carolina,  and  bear  test,  and  be  signed  by  the 
Governor.  All  writs  shall  run  in  the  same  manner,  and  bear  test, 
and  be  signed  by  the  Clerks  of  the  respective  Courts.  Indictments 
shall  conclude.  Against  the  peace  and  dignity  of  the  State. 

XXXVII.«  That  the  Delegates  for  this  State,  to  the  Continental 
Congress  while  necessary,  shall  be  chosen  annually  by  the  General 
Assembly,  by  ballot;  but  may  be  superseded,  in  the  mean  time,  in 
the  same  manner;  and  no  person  shall  be  elected,  to  serve  in  that 
capacity,  for  more  than  three  years  successively. 

XXXVIII.  That  there  shall  be  a  Sheriff,  Coroner  or  Coroners, 
and  Constables,  in  each  county  within  this  State. 

XXXIX.  That  the  person  of  a  debtor,  where  there  is  not  a  strong 
presumption  of  fraud,  shall  not  be  continued  in  prison,  after  deliver- 
ing up,  bona  fide,  all  his  estate  real  and  personal,  for  the  use  of  his 
creditors,  in  such  manner  as  shall  be  hereafter  regulated  by  law.  All 
prisoners  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offences,  when  the  proof  is  evident,  or  the  presumption  great. 

XL.  That  every  foreigner,  who  comes  to  settle  m  this  State,  having 
first  taken  an.  oath  of  allegiance  to  the  same,  may  purchase,  or,  by 

0  See  amendment. 


2794  North  Carolina— 1776 

other  means,  acquire,  hold,  and  transfer  land,  or  other  real  estate; 
and  after  one  year's  residence,  shall  be  deemed  a  free  citizen. 

XLI.  That  a  school  or  schools  shall  be  established  by- the  Legis- 
lature, for  the  convenient  instruction  of  youth,  with  such  salaries  to 
the  masters,  paid  by  the  public,  -as  may  enable  them  to  instruct  at 
low  prices ;  and  all  useful  learning  shall  be  duly  encouraged,  and  pro- 
moted, in  one  or  more  universities. 

XLII.  That  no  purchase  of  lands  shall  be  made  of  the  Indian 
natives,  but  on  behalf  of  the  public,  by  authority  of  the  General 
Assembly. 

XLIII.  That  the  future  Legislature  of  this  State  shall  regulate 
entails,  in  such  a  manner  as  to  prevent  perpetuities. 

XLIV.  That  the  Declaration  of  Rights  is  hereby  declared  to  be 
part  of  the  Constitution  of  this  State,  and  ought  never  to  be  violated, 
on  any  pretence  whatsoever. 

XLV.  That  any  member  of  either  House  of  General  Assembly  shall 
have  liberty  to  dissent  from,  and  protest  against  any  act  or  resolve, 
which  he  may  think  injurious  to  the  public,  or  any  individual,  and 
have  the  reasons  of  his  dissent  entered  on  the  journals. 

XL VI.  That  neither  House  of  the  General  Assembly  shall  pro- 
ceed upon  public  business,  unless  a  majority  of  all  the  members  of 
such  House  are  actually  present :  and  that,  upon  a  motion  made  and 
seconded,  the  yeas  and  nays,  upon  any  question,  shall  be  taken  and 
entered  on  the  journals;  and  that  the  journals  of  the  proceedings  of 
both  Houses  of  the  General  Assembly  shall  be  printed,  and  made 
public,  immediately  after  their  adjournment. 

This  Constitution  is  not  intended  to  preclude  the  present  Congress 
froin  making  a  temporary  provision,  for  the  well  ordering  of  this 
State,  until  the  General  Assembly  shall  establish  government,  agree- 
able to  the  mode  herein  before  described. 

Richard  Caswell,  President. 

December  the  eighteenth,  one  thousand  seven  hundred  and  seventy- 
six,  read  the  third  time,  and  ratified  in  open  Congress. 
By  order, 

James  Green,  jun.  secretary. 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1776 « 

(Ratified  1835) 

Article  1.  Section  1.  One.  The  senate  of  this  State  shall  consist  of 
fifty  representatives,  biennially  chosen  by  ballot,  and  to  be  elected  by 
districts ;  which  districts  shall  be  laid  off  by  the  general  assembly,  at 
its  first  session  after  the  year  one  thousand  eight  hundred  and  forty- 
one  ;  and  afterwards,  at  its  first  session  after  the  year  one  thousand 
eight  hundred  and  fifty-one;  and  then  every  twenty  years  thereafter, 
in  proportion  to  the  public  taxes  paid  into  the  treasury  of  the  State, 
by  the  citizens  thereof;   and  the  average  of  the  public  taxes  paid  by 

"  These  amendments  were  framed  by  a  convention  which  met  at  Raleigh  June 
4,  1835, 'and  completed  its  labors  July  11,  1835.  They  were  submitted  to  the 
people  and  ratified  by  26,771  votes  against  21,606  votes.  


North  Carolina— 1776  2795 

each  county  into  the  treasur}^  of  the  State,  for  the  five  years  preced- 
ing the  laying  off  of  the  districts,  shall  be  considered  as  its  proportion 
of  the  public  taxes,  and  constitute  the  basis  of  apportionment :  Pro- 
vided^ That  no  county  shall  be  divided  in  the  formation  of  a  senato- 
rial district.  And  when  there  are  one  or  more  counties  having  an 
excess  of  taxation  above  the  ratio  to  form  a  senatorial  district,  adjoin- 
ing a  county  or  counties  deficient  in  such  ratio,  the  excess  or  excesses 
aforesaid  shall  be  added  to  the  taxation  of  the  county  or  counties 
deficient ;  and  if,  with  such  addition,  the  county  or  counties  receiving 
it  shall  have  the  requisite  ratio,  such  county  and  counties  each  shall 
constitute  a  senatorial  district. 

Two.  The  house  of  commons  shall  be  composed  of  one  hundred  and 
twenty  representatives,  biennially  chosen  by  ballot,  to  be  elected  by 
counties  according  to  their  Federal  population,  that  is,  according  to 
their  respective  numbers,  which  shall  be  determined  by  adding  to 
the  whole  number  of  free  persons,  including  those  bound  to  service 
for  a  term  of  years,  and  excluding  Indians  not  taxed,  three-fifths  of 
all  other  persons ;  and  each  county  shall  have  at  least  one  member  in 
the  house  of  commons,  although  it  may  not  contain  the  requisite  ratio 
of  population. 

Three.  This  apportionment  shall  be  made  by  the  general  assembly, 
at  the  respective  times  and  periods  when  the  districts  for  the  senate 
are  hereinbefore  directed  to  be  laid  off ;  and  the  said  apportionment 
shall  be  made  according  to  an  enumeration  to  be  ordered  by  the  gen- 
eral assembly,  or  according  to  the  census  which  may  be  taken  by  order 
of  Congress,  next  preceding  the  making  such  apportionment. 

Four.  In  making  the  apjDortionment  in  the  house  of  commons,  the 
ratio  of  representation  shall  be  ascertained  by  dividing  the  amount 
of  Federal  population  in  the  State,  after  deducting  that  compre- 
hended within  those  counties  which  do  not  severally  contain  the  one 
hundred  and  twentieth  part  of  the  entire  Federal  population  afore- 
said, by  the  number  of  representatives  less  than  the  number  assigned 
to  the  said  counties.  To  each  county  containing  the  said  ratio,  and 
not  twice  the  said  ratio,  there  shall  be  assigned  one  representative ;  to 
each  county  containing  twice,  but  not  three  times  the  said  ratio,  there 
shall  be  assigned  two  representatives,  and  so  on  progressively;  and 
then  the  remaining  representatives  shall  be  assigned  severally  to  the 
counties  having  the  largest  fractions. 

Sec.  2.  One.  Until  the  first  session  of  the  general  assembly  which 
shall  be  had  after  the  year  eighteen  hundred  and  forty-one,  the 
senate  shall  be  composed  of  members  to  be  elected  from  the  several 
districts  hereinafter  named,  that  is  to  say,  the  first  district  shall  con- 
sist of  the  counties  of  Perquimons  and  Pasquotank;  the  second  dis- 
trict of  Camden  and  Currituck ;  the  third  district.  Gates  and  Chowan ; 
the  fourth  district,  Washington  and  Tyrrell ;  the  fifth  district,  North- 
ampton; the  sixth  district,  Plertford';  the  seventh  district,  Bertie; 
the  eighth  district,  Martin;  the  ninth  district,  Halifax;  the  tenth 
district,  Nash;  the  eleventh  district.  Wake;  the  twelfth  district, 
Franklin ;  the  thirteenth  district,  Johnston ;  the  fourteenth  district, 
Warren;  the  fifteenth  district,  Edgecomb;  the  sixteenth  district, 
AVayne;  the  seventeenth  district.  Green  and  Lenoir;  the  eighteenth 
district,  Pitt;  the  nineteenth  district,  Beaufort  and  Hyde;  the 
twentieth   district,   Carteret   and   Jones;    the   twenty-first   district, 


2796  North  Carolina— 1776 

Craven ;  the  twenty-second  district,  Chatham ;  the  twenty-third  dis- 
trict, Granville ;  the  twenty-fourth  district,  Person ;  the  twenty-fifth 
district,  Cumberland;  the  twenty-sixth  district,  Sampson;  the 
twenty-seventh  district,  New  Hanover;  the  twenty-eighth  district, 
Duplin;  the  twenty-ninth  district,  Onslow;  the  thirtieth  district, 
Brunswick,  Bladen,  and  Columbus;  the  thirty-first  district,  Robeson 
and  Richmond;  the  thirty-second  district,  Anson;  the  thirty-third 
district,  Cabarrus;  the  thirty-fourth  district,  Moore  and  Montgom- 
ery ;  the  thirty-fifth  district,  Caswell ;  the  thirty-sixth  district,  Rock- 
ingham; the  thirty-seventh  district.  Orange;  the  thirty-eighth  dis- 
trict, Randolph;  the  thirty-ninth  district,  Guilford;  the  fortieth 
district,  Stokes;  the  forty-first  district.  Rowan;  the  forty-second 
district,  Davidson ;  the  forty-third  district,  Surry ;  the  forty-fourth 
district,  Wilkes  and  Ashe ;  the  forty-fifth  district,  Burke  and  Yancy ; 
the  forty-sixth  district,  Lincoln;  the  forty-seventh  district,  Iredell; 
the  forty-eighth  district,  Rutherford;  the  forty-ninth  district.  Bun- 
combe, Haj^wood,  and  Macon;  the  fiftieth  district,  Mecklenburg; 
each  district  to  be  entitled  to  one  senator. 

Two.  Until  the  first  session  of  the  general  assembly  after  the  year 
eighteen  hundred  and  forty-one,  the  house  of  commons  shall  be  com- 
posed of  members  elected  from  the  counties  in  the  following  manner, 
viz: 

The  counties  of  Lincoln  and  Orange  shall  elect  four  members  each. 

The  counties  of  Burke,  Chatham,  Granville,  Guilford,  Halifax, 
Iredell,  Mecklenburg,  Rowan,  Rutherford,  Surry,  Stokes,  and  AVake, 
shall  elect  three  members  each. 

The  counties  of  Anson,  Beaufort,  Bertie,  Buncombe,  Cumberland, 
Craven,  Caswell,  Davidson,  Duplin,  Edgecomb,  Franklin,  Johnston, 
Montgomery,  New  Hanover,  Northampton,  Person,  Pitt,  Randolph, 
Robeson,  Richmond,  Rockingham,  Sampson,  Warren,  Wayne,  and 
Wilkes  shall  elect  two  members  each. 

The  counties  of  Ashe,  Bladen,  Brunswick,  Camden,  Columbus, 
Chowan,  Currituck,  Carteret,  Cabarrus,  Gates,  Greene,  Haywood, 
Hertford,  Hyde,  Jones,  Lenoir,  Macon,  Moore,  Martin,  Nash, 
Onslow,  Pasquotank,  Perquimons,  Tyrrell,  Washington,  and  Yancy 
shall  elect  one  member  each. 

Sec.  3.  One.  Each  member  of  the  senate  shall  have  usually  resided  in 
the  district  for  which  he  is  chosen  for  one  year  immediately  pre- 
ceding his  election,  and  for  the  same  time  shall  have  possessed  and 
continue  to  possess  in  the  district  which  he  represents,  not  less 
than  three  hundred  acres  of  land  in  fee. 

Two.  All  free  men  of  the  age  of  twenty-one  years,  (except  as  is  herein- 
after declared,)  who  have  been  inhabitants  of  any  one  district  within 
the  State,  twelve  months  immediately  preceding  the  day  of  any  elec- 
tion, and  possessed  of  a  freehold  within  the  same  district  of  fifty 
acres  of  land,  for  six  months  liext  before  and  at  the  day  of  election, 
shall  be  entitled  to  vote  for  a  member  of  the  senate." 

Three.  No  free  negro,  free  mulatto,  or  free  person  of  mixed  blood, 
descended  from  negro  ancestors,  to  the  fourth  generation  inclusive, 
(though  one  ancestor  of  each  generation  may  have  been  a  white  per- 
son.) shall  vote  for  members  of  the  senate  or  house  of  commons. 

o  Amended,  Dec.  11,  185G. 


North  Carolina— 1776  2797 

Sec.  4.  One.  In  the  election  of  all  officers,  whose  appointment  is 
conferred  on  the  general  assembly  by  the  constitution,  the  vote  shall 
be  viva  voce. 

Two.  The  general  assembly  shall  have  power  to  pass  laws  regulat- 
ing the  mode  of  appointing  and  removing  militia  officers. 

Three.  The  general  assembly  shall  have  power  to  pass  general  laws, 
regulating  divorce  and  alimony,  but  shall  not  have  power  to  grant 
a  divorce  or  secure  alimony  in  any  individual  case. 

Four.  The  general  assembly  shall  not  have  power  to  pass  any 
private  law  to  alter  the  name  of  any  person,  or  to  legitimate  any 
persons  not  born  in  lawful  wedlock,  or  to  restore  to  the  rights  of 
citizenship,  any  person  convicted  of  an  infamous  crime;  but  shall 
have  power  to  pass  general  laws  regulating  the  same. 

.  Five.  The  general  assembly  shall  not  pass  any  private  law,  unless 
it  shall  be  made  to  appear,  that  thirty  days'  notice  of  application  to 
pass  such  law  shall  have  been  given,  under  such  directions  and  in 
such  manner  as  shall  be  provided  by  law. 

Six.  If  vacancies  shall  occur  by  death,  resignation,  or  otherwise, 
before  the  meeting  of  the  general  assembly,  writs  may  be  issued  by 
the  governor,  under  such  regulations  as  may  be  prescribed  by  law. 

Seven.  The  general  assembly  shall  meet  biennially,  and  at  each 
biennial  session  shall  elect  by  joint  vote  of  the  two  houses  a  secretary 
of  state,  treasurer,  and  council  of  state,  who  shall  continue  in  office 
for  the  term  of  two  years. 

Art.  II.  One.  The  governor  shall  be  chosen  by  the  qualified  voters 
for  the  members  of  the  house  of  commons,  at  such  time  and  places 
as  members  of  the  general  assembly  are  elected. 

Two.  He  shall  hold  his  office  for  the  term  of  two  years  from  the 
time  of  his  installation,  and  until  another  shall  be  elected  and  quali- 
fied; but  he  shall  not  be  eligible  more  than  four  years  in  any  term 
of  six  years. 

Three.  The  returns  of  every  election  for  governor  shall  be  sealed 
up  and  transmitted  to  the  seat  of  government  by  the  returning  offi- 
cers, directed  to  the  speaker  of  the  senate,  who  shall  open  and  publish 
them  in  the  presence  of  a  majority  of  the  members  of  both  houses  of 
the  general  assembly.  The  person  having  the  highest  number  of 
votes  shall  be  governor ;  but  if  two  or  more  shall  be  equal  and  high- 
est in  votes,  one  of  them  shall  be  chosen  governor  by  joint  vote  of  both 
houses  of  the  general  assembly. 

Four.  Contested  elections  for  governor  shall  be  determined  by  both 
houses  of  the  general  assembly,  in  such  manner  as  shall  be  prescribed 
by  law. 

Five.  The  governor-elect  shall  enter  on  the  duties  of  the  office  on 
the  first  day  of  January  next  after  his  election,  having  previously 
taken  the  oaths  of  office  in  the  presence  of  the  members  of  both 
branches  of  the  general  assembly,  or  before  the  chief  justice  of  the 
supreme  court,  who,  in  case  the  governor-elect  should  be  prevented 
from  attendance  before  the  general  assembly,  by  sickness  or  other 
unavoidable  cause,  is  authorized  to  administer  the  same. 

Art.  III.  Section  1.  One.  The  governor,  judges  of  the  supreme 
court,  and  judges  of  the  superior  courts,  and  all  other  officers  of  this 
State,  (except  justices  of  the  peace  and  militia  officers,)  may  be 
impeached  for  wilfully  violating  any  article  of  the  constitution,  mal- 
administration, or  corruption. 


2798  North  Carolina— 1776 

Two.  Judgment,  in  cases  of  impeachment,  shall  not  extend  further 
than  to  remove  from  office  and  disqualification  to  hold  and  enjoy 
any  office  of  honor,  trust,  or  profit  under  this  State;  but  the  party 
convicted  may  nevertheless  be  liable  to  indictment,  trial,  judgment, 
and  punishment  according  to  law. 

Three.  The  house  of  commons  shall  have  the  sole  power  of  impeach- 
ment. The  senate  shall  have  the  sole  power  to  try  all  impeachments. 
No  person  shall  be  convicted  upon  any  impeachment  unless  two- 
thirds  of  the  senators  present  shall  concur  in  such  conviction;  and 
before  the  trial  of  any  impeachment,  the  members  of  the  senate  shall 
take  an  oath  or  affirmation  truly  and  impartially  to  try  and  determine 
the  charge  in  question  according  to  evidence. 

Sec.  2.  Any  judge  of  the  supreme  court  or  of  the  superior  courts 
may  be  removed  from  office  for  mental  or  physical  inability,  upon  a 
concurrent  resolution  of  two-thirds  of  both  branches  of  the  general 
assembly.  The  judge  against  whom  the  legislature  may  be  about  to 
proceed  shall  receive  notice  thereof,  accompanied  by  a  copy  of  the 
causes  alleged  for  his  removal,  at  least  twenty  days  before  the  day  on 
which  either  branch  of  the  general  assembly  shall  act  thereon. 

The  salaries  of  the  judges  of  the  supreme  court,  or  of  the  superior 
courts,  shall  not  be  diminished  during  their  continuance  in  office. 

Sec.  3.  Upon  the  conviction  of  any  justice  of  the  peace  of  any 
infamous  crime,  or  of  corruption  or  malpractice  in  office,  the  commis- 
sion of  such  justice  shall  be  thereby  vacated,  and  he  shall  be  forever 
disqualified  from  holding  such  appointment. 

Sec.  4.  The  general  assembly,  at  its  first  session  after  the  year  one 
thousand  eight  hundred  and  thirty-nine,  and  from  time  to  time  there- 
after, shall  appoint  an  attorney-general,  who  shall  be  commissioned 
by  the  governor,  and  shall  hold  his  office  for  the  term  of  four  years ; 
but  if  the  general  assembly  should  hereafter  extend  the  term  during 
which,  solicitors  of  the  State  shall  hold  their  offices,  then  they  shall 
have  power  to  extend  the  term  of  office  of  the  attorney -general  to  the 
same  period. 

Art.  IV.  Section  1.  One.  No  convention  of  the  people  shall  be 
called  by  the  general  assembly,  unless  by  the  concurrence  of  two- 
thirds  of  all  the  members  of  each  house  of  the  general  assembly. 

Two.  No  part  of  the  constitution  of  this  State  shall  be  altered, 
unless  a  bill  to  alter  the  same  shall  have  been  read  three  times  in  each 
house  of  the  general  assembly,  and  agreed  to  by  three-fifths  of  the 
whole  number  of  members  of  each  house  respectively ;  nor  shall  any 
alteration  take  place  until  the  bill  so  agreed  to  shall  have  been  pub- 
lished six  months  previous  to  a  new  election  of  members  to  the  gen- 
eral assembly.  If,  after  such  publication,  the  alteration  proposed 
by  the  preceding  general  assembly  shall  be  agreed  to  in  the  first 
session  thereafter,  by  two-thirds  of  the  whole  representation  in  each 
house  of  the  general  assembly,  after  the  same  shall  have  been  read 
three  times  on  three  several  days  in  each  house,  then  the  said  general 
assembly  shall  prescribe  a  mode  by  which  the  amendment  or  amend- 
ments may  be  submitted  to  the  qualified  voters  of  the  house  of  com- 
mons throughout  the  State ;  and  if,  upon  comparing  the  votes  given 
in  the  whole  State,  it  shall  appear  that  a  majority  of  the  voters  have 
approved  thereof,  then,  and  not  otherwise,  the  same  shall  become  a 
part  of  the  constitution. 

Sec.  2.  The   thirty-second    section    of   the    constitution   shall    be 


North  Carolina— 1865  2799 

amended  to  read  as  follows :  No  person  who  shall  deny  the  being  of 
God,  or  the  truth  of  the  Christian  religion,  or  the  divine  authority 
of  the  Old  or  New  Testament,  or  who  shall  hold  religious  principles 
incompatible  with  the  freedom  or  safety  of  the  State,  shall  be  capable 
of  holding  any  office  or  place  of  trust  or  profit  in  the  civil  department 
within  this  State. 

Sec.  3.  One.  Capitation-tax  shall  be  equal  throughout  the  State, 
upon  all  individuals  subject  to  the  same. 

Two.  All  free  males  over  the  age  of  twenty-one  years  and  under 
the  age  of  forty-five  years,  and  all  slaves  over  the  age  of  twelve  years 
and  under  the  age  of  fifty  years,  shall  be  subject  to  capitation-tax, 
and  no  other  person  shall  be  subject  to  such  tax:  Provided^  That 
nothing  herein  contained  shall  prevent  exemptions  of  taxable  polls, 
as  heretofore  prescribed  by  law  in  cases  of  bodily  infirmity. 

Sec.  4.  No  person  who  shall  hold  any  office  or  place  of  trust  or 
profit  under  the  United  States,  or  any  department  thereof,  or  under 
this  State,  or  any  other  State  or  government,  shall  hold  or  exercise 
any  other  office  or  place  of  trust  or  profit  under  the  authority  of  this 
State,  or  be  eligible  to  a  seat  in  either  house  of  the  general  assembly : 
Provided^  That  nothing  herein  contained  shall  extend  to  officers  in 
the  militia  or  justices  of  the  peace. 

Nathaniel  Macon,  President, 

Edward  B.  Kneeman,  Secretary. 

Joseph  D.  Ward,  Assistant  Secretary. 

(Ratified  Dec.  11,  1856.) 

Article  I.  Sec.  3.  Clause  two:  Every  free  white  man  at  the  age 
of  twenty-one  years,  being  a  native  or  naturalized  citizen  of  the 
United  States,  and  who  has  been  an  inhabitant  of  the  State  for  twelve 
months  immediately  preceding  the  day  of  any  election,  and  shall  have 
paid  public  taxes,  shall  be  entitled  to  a  vote  for  a  member  of  the  sen- 
ate for  the  district  in  which  he  resides. 


CONSTITUTION  OF  NORTH  CAROLINA— .1861 

[A  State  convention;  called  by  an  act  of  the  legislature,  passed  an 
ordinance  of  secession  May  20,  1861,  and  revised  the  State  constitu- 
tion, which  was  not  submitted  to  the  people  for  ratification.] 


ORDINANCE    PROHIBITING    SLAVERY    IN    NORTH    CAROLINA— 

1865  *  « 

Be  it  declared  and  ordained  hy  the  delegates  of  the  people  of  the 
State  of  North  Carolina  in  convention  assembled.,  and  it  is  hereby 
declared  and  ordained^  That  slavery  and  involuntary  servitude,  other- 

*  .Tonrnal  of  the  Convention  of  the  State  of  North  Carolina,  at  its  Session  of 
1865.     Raleigh  :   Cannon  &  Holden,  Printers  to  the  Convention,  1865.     pp.  192. 

Executive  Documents.  Convention,  Session  1865.  Constitution  of  North- 
Carolina,  witli  Amendments,  and  Ordinances  and  Resolutions  passed  by  the  Con- 
vention, Session,  ]865#  Raleigh:  Cannon  and  Holden,  Printers  to  the  State. 
1865.     pp.  78. 

Constitution  of. the  State  of  North  Carolina,  together  with  the  Ordinances  and 
Resolutions  of  the  Constitutional  Convention,  Assembled  in  the  City  of  Raleigh, 


2800  North  Carolina— 1868 

wise  than  for  crimes,  whereof  the  parties  shall  have  been  duly  con- 
victed, shall  be,  and  is  hereby,  forever  prohibited  wdthin  the  State. 

Ratified  in  convention  this  ninth  day  of  October,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-five. 

Edwin  G.  Reade,  President. 

Jas.  H.  Moore,  Hecretary. 

R.  C.  Badger,  Assistant  /Secretary. 


CONSTITUTION  OF  NORTH  CAROLINA— 1868  ^ 

preamble 

We,  the  people  of  the  State  of  North  Carolina,  grateful  to  Almighty 
God,  the  sovereign  ruler  of  nations,  for  the  preservation  of  the  Ameri- 
can Union  and  the  existence  of  our  civil,  political,  and  religious 
liberties,  and  acknowledging  our  dependence  upon  Him  for  the  con- 
tinuance of  those  blessings  to  us  and  our  posterity,  do,  for  the  more 
certain  security  thereof  and  for  the  better  government  of  this  State, 
ordain  and  establish  this  constitution. 

Article  I 
declaration  or  rights 

That  the  great,  general,  and  essential  principles  of  liberty  and  free 
government,  may  be  recognized  and  established,  and  that  the  rela- 
tions of  this  State  to  the  Union  and  Government  of  the  United  States, 
and  those  of  the  people  of  this  State  to  the  rest  of  the  American 
people  may  be  defined  and  affirmed,  we  do  declare : 

Section  1.  That  we  hold  it  to  be  self-evident  that  all  men  are  cre- 
ated equal;  that  they  are  endowed  by  their  Creator  with  certain 
unalienable  rights;  that  among  these  are  life,  liberty,  the  enjoyment 
of  the  fruits  of  their  own  labor,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  political  power  is  vested  in  and  derived  from  the 
people;    all   government   of   right   originates   from   the   people,   is 

Jan.  14,  1868.  Raleigh :  Joseph  W.  Holden,  Convention  Printer.  1868.  pp.  129. 
Index. 

Constitution  of  the  State  of  North  Carolina  togetlier  with  the  Ordinances  and 
Resolutions  of  the  Constitutional  Convention,  assembled  in  the  City  of  Raleigh, 
January  14,  1868.  Raleigh :  Joseph  W.  Holden,  Convention  Printer,  1868. 
pp.  488.     Index. 

a  A  convention,  called  by  Provisional  Governor  William  W.  Holden,  met  at 
Raleigh  October  2,  1865,  repealed  the  ordinance  of  secession,  adopted  this  ordi- 
nance, prohibiting  slavery  October  9,  1865,  and  adjourned  October  19,  1865. 
The  people  ratified  their  repeal  of  the  ordinance  "of  secession  by  20,506  votes 
against  2,002  votes,  and  the  ordinance  prohibiting  slavery  by  19,039  votes  against 
3,970  votes.  The  convention  reassembled  in  May,  1866,  and  reconstructed  the 
constitution  of  1776,  but  their  work  was  rejected  by  the  people,  receiving  19,570 
votes  against  21,.552  votes. 

&  This  constitution  was  framed  by  a  convention  called,  under  the  reconstruc- 
tion acts  of  Congress,  by  Major-General  Canby,  which  assembled  at  Raleigh 
January  14,  1868,  and  completed  its  labors  March  16,  1868.  It  was  accompanied 
by  an  ordinance  submitting  it  to  the  people,  and  an  ordinance  to  prevent  the 
intimidation  of  voters,  and  it  was  ratified  by  93,118  votes  against  74,009  votes. 


North  Carolina— 1868  2801 

founded  upon  their  will  only,  and  is  instituted  solely  for  the  good  of 
the  whole. 

Sec.  3.  That  the  people  of  this  State  have  the  inherent,  sole,  and 
exclusive  right  of  regulating  the  internal  government  and  police 
thereof  and  of  altering  and  abolishing  their  constitution  and  form  of 
government  whenever  it  may  be  necessary  to  their  safety  and  happi- 
ness; but  every  such  right  should  be  exercised  in  pursuance  of  law 
and  consistently  with  the  Constitution  of  the  United  States. 

Sec.  4.  That  this  State  shall  ever  remain  a  member  of  the  American 
Union;  that  the  people  thereof  are  part  of  the  American  nation; 
that  there  is  no  right  on  the  part  of  this  State  to  secede,  and  that  all 
attempts,  from  whatever  source  or  upon  whatever  pretext,  to  dissolve 
said  IJnion  or  to  sever  said  nation  ought  to  be  resisted  with  the  whole 
power  of  the  State. 

Sec.  5.  That  every  citizen  of  this  State  owes  paramount  allegiance 
to  the  Constitution  and  Government  of  the  United  States,  and  that 
no  law  or  ordinance  of  the  State  in  contravention  or  subversion 
thereof  can  have  any  binding  force. 

Sec.  6.  To  maintain  the  honor  and  good  faith  of  the  State  un- 
tarnished, the  public  debt,  regularly  contracted  before  and  since  the 
rebellion,  shall  be  regarded  as  inviolable  and  never  be  questioned; 
but  the  State  shall  never  assume  or  pay,  or  authorize  the  collection  of, 
any  debt  or  obligation,  express  or  implied,  incurred  in  aid  of  insur- 
rection or  rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  emancipation  of  any  slave. 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community  but  in  consideration  of 
public  services. 

Sec.  8.  The  legislative,  executive,  and  supreme  judicial  powers  of 
the  government  ought  to  be  forever  separate  and  distinct  from  each 
other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of  laws,  by 
any  authority,  without  the  consent  of  the  representatives  of  the 
people,  is  injurious  to  their  rights,  and  ought  not  to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec.  11.  In  all  criminal  prosecutions  every  man  has  the  right  to  be 
informed  of  the  accusation  against  him  and  to  confront  the  accusers 
and  witnesses  with  other  testimony,  and  to  have  counsel  for  his  de- 
fence, and  not  be  compelled  to  give  evidence  against  himself,  or  to 
pay  costs,  jail-fees,  or  necessary  witness- fees  of  the  defence,  unless 
found  guilty. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal  charge, 
except  as  hereinafter  allowed,  but  by  indictment,  presentment,  or 
impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime  but  by  the 
unanimous  verdict  of  a  jury  of  good  and  lawful  men  in  open  court. 
The  legislature  may,  however,  provide  other  means  of  trial,  for  petty 
misdemeanors,  with  the  right  of  appeal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted. 

Sec.  15.  General  warrants,  whereby  any  officer  or  messenger  may 
be  commanded  to  search  suspected  places,  without  evidence  of  the  act 
committed,  or  to  seize  any  persons  not  named,  whose  offence  is  not 


2802  North  Carolina— 1868 

particularly  described  and  supported  by  evidence,  are  dangerous  to 
liberty  and  ought  not  to  be  granted. 

Sec.  16.  There  shall  be  no  imprisonment  for  debt  in  this  State, 
except  in  cases  of  fraud. 

Sec.  17.  No  person  ought  to  be  taken,  imprisoned,  or  disseized  of 
his  freehold,  liberties,  or  privileges,  or  outlawed,  or  exiled,  or  in  any 
manner  deprived  of  his  life,  liberty,  or  property,  but  by  the  law  of  the 
land. 

Sec.  18.  Every  person  restrained  of  his  liberty  is  entitled  to  a 
remedy  to  inquire  into  the  lawfulness  thereof,  and  to  remove  the  same 
if  unlawful ;  and  such  remedy  ought  not  to  be  denied  or  delayed. 

Sec.  19.  In  all  controversies  at  law  respecting  property,  the  ancient 
mode  of  trial  by  jury  is  one  of  the  best  securities  of  the  rights  of  the 
people,  and  ought  to  remain  sacred  and  inviolable. 

Sec.  20.  The  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and,  therefore,  ought  never  to  be  restrained,  but  every  indi- 
vidual shall  be  held  responsible  for  the  abuse  of  the  same. 

Sec.  21.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended. 

Sec.  22.  As  political  rights  and  privileges  are  not  dependent  upon 
or  modified  by  property,  therefore  no  property  qualifications  ought 
to  affect  the  right  to  vote  or  hold  office. 

Sec.  23.  The  people  of  this  State  ought  not  to  be  taxed,  or  made 
subject  to  the  payment  of  any  impost  or  duty,  without  the  consent  of 
themselves,  or  their  representatives  in  general  assembly,  freely  given. 

Sec.  24.  A  well-regulated  militia  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed ;  and  as  standing  armies  in  time  of  peace  are  dangerous 
to  liberty,  they  ought  not  to  be  kept  up,  and  the  military  should  be 
kept  under  strict  subordination  to  and  governed  by  the  civil  power. 

Sec.  25.  The  people  have  a  right  to  assemble  together  to  consult 
for  their  common  good,  to  instruct  their  representatives,  and  to  apply 
to  the  legislature  for  redress  of  grievances. 

Sec.  26.  All  men  have  a  natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences, 
and  no  human  authority  should,  in  any  case  whatever,  control  or 
interfere  with  the  right  of  conscience. 

Sec.  27.  The  people  have  a  right  to  the  j)rivilege  of  education,  and 
it  is  the  duty  of  the  State  to  guard  and  maintain  that  right. 

Sec.  28.  For  redress  of  grievances,  and  for  amending  and  strength- 
ening the  Jaws,  elections  should  be  often  held. 

Sec.  29.  A  frequent  recurrence  to  fundamental  principles  is  abso- 
lutely necessary  to  preserve  the  blessings  of  liberty. 

Sec.  30.  No  hereditary  emoluments,  privileges,  or  honors  ought  to 
be  granted  or  conferred  in  this  State. 

Sec.  31.  Perpetuities  and  monopolies  are  contrary  to  the  genius  of 
a  free  State,  and  ought  not  to  be  allowed. 

Sec.  32.  Ketrospective  laws,  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  criminal,  are 
oppressive,  unjust,  and  incompatible  with  liberty;  wherefore  no 
ex  post  facto  law  ought  to  be  made.  No  law  taxing  retrospectively 
sales,  purchases,  or  other  acts  previously  done,  ought  to  be  passed. 


North  Carolina— 1868  2803 

Sec.  33.  Slavery  and  involuntary  servitude,  otherwise  than  for 
crime  whereof  the  parties  shall  have  been  duly  convicted,  shall  be, 
and  are  hereby,  forever  prohibited  within  this  State. 

Sec.  34.  The  limits  and  boundaries  of  the  State  shall  be  and  remain 
as  they  now  are. 

Sec.  35.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay. 

Sec.  36.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 
manner  prescribed  by  law. 

Sec.  37.  This  enumeration  of  rights  shall  not  be  construed  to  impair 
or  deny  others  retained  by  the  people;  and  all  powers,  not  herein 
delegated,  remain  with  the  people. 

Article  II 
legislative  department 

Section  1.  The  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to  wit :  A  senate  and  house  of 
representatives. 

Sec.  2.  The  senate  and  house  of  representatives  shall  meet  annually 
on  the  third  Monday  in  November,  and  when  assembled,  shall  be 
denominated  the  general  assembly.  Neither  house  shall  proceed 
upon  public  business,  unless  a  majority  of  all  the  members  are  actu- 
ally present. 

Sec.  3.  The  senate  shall  be  composed  of  fifty  senators  biennially 
chosen  by  ballot. 

Sec.  4.  Until  the  first  session  of  the  general  assembly,  Avhich  shall 
be  had  after  the  year  eighteen  hundred  and  seventy-one,  the  senate 
shall  be  composed  of  members  elected  from  districts  constituted  as 
follows : 

First  district,  Perquimans,  Chowan,  Pasquotank,  Currituck,  Gates, 
and  Camden,  shall  elect  two  senators. 

Second  district,  Martin,  Washington,  and  Tyrrell,  shall  elect  one 
senator. 

Third  district,  Beaufort  and  Hyde,  shall  elect  one  senator. 

Fourth  district,  Northampton,  shall  elect  one  senator. 

Fifth  district,  Bertie  and  Hertford,  shall  elect  one  senator. 

Sixth  district,  Halifax,  shall  elect  one  senator. 

Seventh  district,  Edgecomb,  shall  elect  one  senator. 

Eighth  district,  Pitt,  shall  elect  one  senator. 

Ninth  district,  Nash  and  Wilson,  shall  elect  one  senator. 

Tenth  district.  Craven  and  Carteret,  shall  elect  two  senators. 

Eleventh  district,  Jones  and  Lenoir,  shall  elect  one  senator. 

Twelfth  district,  Duplin  and  Onslow,  shall  elect  one  senator. 

Thirteenth  district,  Brunswick  and  New  Hanover,  shall  elect  two 
senators. 

Fourteenth  district,  Bladen  and  Columbus,  shall  elect  one  senator. 

Fifteenth  district,  Eobeson,  shall  elect  one  senator. 

7254— VOL  5—09 18 


2804  North  Carolina— 1868 

Sixteenth  district,  Cumberland,  Harnett,  and  Sampson,  shall  elect 
two  senators. 

Seventeenth  district,  Johnston,"  shall  elect  one  senator. 

Eighteenth  district,  Greene  and  Wayne,  shall  elect  one  senator. 

Nineteenth  district,  P'ranklin  and  Wake,  shall  elect  two  senators. 

Twentieth  district,  Warren,  shall  elect  one  senator. 

Twenty-first  district,  Granville  and  Person,  shall  elect  two  senators. 

Twenty-second  district.  Orange,  shall  elect  one  senator. 

Twenty-third  district,  Chatham,  shall  elect  one  senator. 

Twenty-fourth  district,  Caswell,  shall  elect  one  senator. 

Twenty-fifth  district,  Rockingham,  shall  elect  one  senator. 

Twenty-sixth  district,  Alamance  and  Guilford,  shall  elect  two 
senators. 

Twenty-seventh  district,  Randolph  and  Montgomery,  shall  elect 
one  senator. 

Twenty-eighth  district,  Moore  and  Richmond,  shall  elect  one 
senator. 

Twenty-ninth  district,  Anson  and  Union,  shall  elect  one  senator. 

Thirtieth  district,  Mecklenburg,  shall  elect  one  senator. 

Thirty-first  district,  Cabarrus  and  Stanly,  shall  elect  one  senator. 

Thirty-second  district,  Davie  and  Rowan,  shall  elect  one  senator. 

Thirty-third  district,  Davidson,  shall  elect  one  senator. 

Thirty- fourth  district,  Forsyth  and  Stokes,  shall  elect  one  senator. 

Thirty-fifth  district,  Surry  and  Yadkin,  shall  elect  one  senator. 

Thirty-sixth  district,  Alexander  and  Iredell,  shall  elect  one  senator. 

Thirty-seventh  district,  Catawba,  Gaston,  and  Lincoln,  shall  elect 
one  senator. 

Thirty-eighth  district,  Cleveland,  Polk,  and  Rutherford,  shall  elect 
one  senator. 

Thirty-ninth  district,  Alleghany,  Ashe,  and  Wilkes,  shall  elect  one 
senator. 

Fortieth  district,  Buncombe,  Henderson,  and  Transylvania,  shall 
elect  one  senator. 

Forty-first  district,  Burke,  Caldwell,  and  Watauga,  shall  elect  one 
senator. 

Forty-second  district,  Madison,  Mitchel,  McDowel,  and  Yancy, 
shall  elect  one  senator. 

Forty-third  district.  Clay,  Cherokee,  Haywood,  Jackson,  and 
Macon,  shall  elect  one  senator. 

Sec.  5.  An  enumeration  of  the  inhabitants  of  the  State  shall  be 
taken  under  the  direction  of  the  general  assembly  in  the  year  one 
thousand  eight  hundred  and  fifty-seven,  and  at  the  end  of  every 
ten  years  thereafter ;  and  the  said  senate  districts  shall  be  so  altered 
by  the  general  assembly,  at  the  first  session  after  the  return  of  every 
enumeration  taken  as  aforesaid,  or  by  order  of  Congress,  that  each 
senate  district  shall  contain,  as  nearly  as  may  be,  an  equal  number 
of  inhabitants,  excluding  aliens  and  Indians  not  taxed,  and  shall 
remain  unaltered  until  the  return  of  another  enumeration,  and  shall 
at  all  times  consist  of  contiguous  territory;  and  no  county  shall  be 
divided  in  the  formation  of  a  senate  district,  unless  such  county 
shall  be  equitably  entitled  to  two  or  more  senators. 

Sec.  6.  The  house  of  representatives  shall  be  composed  of  one 
hundred  and  twenty  representatives,  biennially  chosen  by  ballot,  to 
be  elected  by  the  counties  respectively,  according  to  their  population, 


North  Carolina— 1868  2805 

and  each  county  shall  have  at  least  one  representative  in  the  house  of 
representatives,  although  it  may  not  contain  the  requisite  ratio  of 
representation;  this  apportionment  shall  be  made  by  the  general 
assembly  at  the  respective  times  and  periods  when  the  districts  for 
the  senate  are  hereinbefore  directed  to  be  laid  off. 

Sec.  7.  In  making  the  apportionment  in  the  house  of  representa- 
tives, the  ratio  of  representation  shall  be  ascertained  by  dividing  the 
amount  of  the  population  of  the  State,  exclusive  of  that  compre- 
hended within  those  counties  which  do  not  severally  contain  the 
one  hundred  and  twentieth  part  of  the  population  of  the  State,  by  the 
number  of  representatives,  less  the  number  assigned  to  such  counties : 
and  in  ascertaining  the  number  of  the  population  of  the  State,  aliens 
and  Indians  not  taxed  shall  not  be  included.  To  each  county  con- 
taining the  said  ratio  and  not  twice  the  said  ratio,  there  shall  l)e 
assigned  one  representative ;  to  each  county  containing  twice,  but  not 
three  times  the  said  ratio,  there  shall  be  assigned  two  representa- 
tives, and  so  on  progressively,  and  then  the  remaining  representatives 
shall  be  assigned  severally  to  the  counties  having  the  largest  fractions. 

Sec.  8.  Until  the  general  assembly  shall  have  made  the  apportion- 
ment as  hereinbefore  provided,  the  house  of  representatives  shall  be 
composed  of  members  elected  from  the  counties  in  the  following 
manner,  to  wit: 

The  county  of  Wake  shall  elect  four  members;  the  counties  of 
Craven,  Granville,  Halifax,  and  New  Hanover  shall  elect  three 
members  each;  the  counties  of  Caswell,  Chatham,  Cumberland,  Da- 
vidson, Duplin,  Edgecombe,  Franklin,  Guilford,  Iredell,  Johnston, 
Mecklenburg,  Northampton,  Orange,  Pitt,  Kandolph,  Robeson,  Rock- 
ingham, Rowan,  AVarren,  and  Wayne  shall  elect  elect  two  members 
each ;  the  counties  of  Alamance,  Alexander,  Alleghany,  Anson,  Ashe, 
Beaufort,  Bertie,  Bladen,  Brunswick,  Buncombe,  Burke,  Cabarrus, 
Caldwell,  Camden,  Carteret,  Catawba,  Cherokee,  Chowan,  Clay, 
Cleveland,  Columbus,  Currituck,  Davie,  Forsythe,  Gaston,  Gates, 
Greene,  Harnett,  Henderson,  Haywood,  Hertford,  Hyde,  Jackson, 
Jones,  Lenoir,  Lincoln,  Macon,  Madison,  Martin,  McDowel,  Mitchel, 
Montgomery,  Moore,  Nash,  Onslow,  Pasquotank,  Perquimans,  Person, 
Polk,  Richmond,  Rutherford,  Sampson,  Stanly,  Stokes,  Surry,  Tran- 
sylvania, Tyrrell,  Union,  Washington,  Watauga,  Wilkes,  Wilson, 
Yadkin,  and  Yancy,  shall  elect  one  member  each. 

Sec.  9.  Each  member  of  the  senate  shall  not  be  less  than  twenty-five 
years  of  age,  shall  have  resided  in  the  State  as  a  citizen  two  years, 
and  shall  have  usually  resided  in  the  district  for  which  he  is  chosen 
one  year  immediately  preceding  his  election. 

Sec.  10.  Each  member  of  the  house  of  representatives  shall  be  a 
qualified  elector  of  the  State,  and  shall  have  resided  in  the  county  for 
which  he  is  chosen  for  one  year  immediately  preceding  his  election. 

Sec.  11.  In  the  election  of  all  officers  whose  appointment  shall  be 
conferred  upon  the  general  assembly  by  the  constitution,  the  vote  shall 
be  viva  voce. 

Sec.  12.  The  general  assembly  shall  have  power  to  pass  general  laws 
regulating  divorce  and  alimony,  but  shall  not  have  power  to  grant  a 
divorce  or  secure  alimony  in  any  individual  case. 

Sec.  13.  The  general  assembly  shall  not  have  power  to  pass  any 
private  law  to  alter  the  name  of  any  person,  or  to  legitimate  any  per- 
son not  born  in  lawful  wedlock,  or  to  restore  to  the  rights  of  citizen- 


2806  North  Carolina— 1868 

ship  any  person  convicted  of  an  infamous  crime,  but  shall  have  power 
to  pass  general  laws  regulating  the  same. 

Sec.  14.  The  general  assembly  shall  not  pass  any  private  law,  unless 
it  shall  be  made  to  appear  that  thirty  days'  notice  of  application  to 
pass  such  law  shall  have  been  given,  under  such  direction  and  in  such 
manner  as  shall  be  provided  by  law. 

Sec.  15.  If  vacancies  shall  occur  in  the  general  assembly  by  death, 
resignation,  or  otherwise,  writs  of  election  shall  be  issued  by  the  gov- 
ernor under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  16.  No  law  shall  be  passed  to  raise  money  on  the  credit  of  the 
State,  or  to  pledge  the  faith  of  the  State  directly  or  indirectly  for  the 
payment  of  any  debt,  or  to  impose  any  tax  upon  the  people  of  the 
State,  or  to  allow  the  counties,  cities,  or  towns  to  do  so,  unless  the  bill 
for  the  purpose  shall  have  been  read  three  several  times  in  each  house 
of  the  general  assembly,  and  passed  three  several  readings,  which 
readings  shall  have  been  on  three  different  days,  and  agreed  to  by 
each  house  respectively,  and  unless  the  yeas  and  nays  on  the  second 
and  third  readings  of  the  bill  shall  have  been  entered  on  the  journal. 

Sec.  17.  The  general  assembly  shall  regulate  entails  in  such  manner 
as  to  prevent  perpetuities. 

Sec.  18.  Each  house  shall  keep  a  journal  of  its  proceedings,  which 
shall  be  printed  and  made  public  immediately  after  the  adjournment 
of  the  general  assembly. 

Sec.  19.  Any  member  of  either  house  ma;^  dissent  from,  and  protest 
against,  any  act  or  resolve  which  he  may  think  injurious  to  the  public 
or  any  individual,  and  have  the  reasons  of  his  dissent  entered  on  the 
journal. 

Sec.  20.  The  house  of  representatives  shall  choose  their  own 
speaker  and  other  officers. 

Sec.  21.  The  lieutenant-governor  shall  preside  in  the  senate,  but 
shall  have  no  vote,  unless  it  may  be  equally  divided. 

Sec.  22.  The  senate  shall  choose  its  own  officers  and  also  a  speaker 
pro  tempore  in  the  absence  of  the  lieutenant-governor,  or  when  he 
shall  exercise  the  office  of  governor. 

Sec.  23.  The  style  of  the  acts  shall  be,  ''The  general  assembly  of 
North  Carolina  do  enacts 

Sec.  24.  Each  house  shall  be  judge  of  the  qualifications  and  elec- 
tions of  its  own  members,  shall  sit  upon  its  own  adjournment  from 
day  to  day,  prepare  bills  to  be  passed  into  laws,  and  the  two  houses 
may  also  jointly  adjourn  to  any  future  day,  or  other  place. 

Sec.  25.  All  bills  and  resolutions  of  a  legislative  nature  shall  be 
read  three  times  in  each  house,  before  they  pass  into  laws ;  and  shall 
be  signed  by  the  presiding  officers  of  both  houses. 

Sec.  26.  Each  member  of  the  general  assembly,  before  taking  his 
seat,  shall  take  an  oath  or  affirmation  that  he  will  support  the  Con- 
stitution and  laws  of  the  United  States,  and  the  constitution  of  the 
State  of  North  Carolina,  and  will  faithfully  discharge  his  duty  as 
a  member  of  the  senate  or  house  of  representatives. 

Sec.  27.  The  terms  of  office  for  senators  and  members  of  the  house 
of  representatives  shall  commence  at  the  time  of  their  election;  and 
the  term  of  office  of  those  elected  at  the  first  election  held  under  this 
constitution  shall  terminate  at  the  same  time  as  if  they  had  been 
elected,  at  the  first  ensuing  regular  election. 


b 


North  Carolina— 1868  2807 

Sec.  28.  Upon  motion  made  and  seconded  in  either  house,  by  one- 
fifth  of  the  members  present,  the  yeas  and  nays  upon  any  question 
shall  be  taken  and  entered  upon  the  journals. 

Sec.  20.  The  election '  for  members  of  the  general  assembly  shall 
be  held  for  the  respective  districts,  and  counties,  at  the  places  where 
they  are  now  held,  or  may  be  directed  hereafter  to  be  held,  in  such 
manner  as.  may  be  prescribed  by  law,  on  the  first  Thursday  in  August, 
in  the  year  one  thousand  eight  hundred  and  seventy,  and  every  two 
years  thereafter.  But  the  general  assembly  may  change  the  time  of 
holding  the  elections.  The  first  election  shall  be  held  when  the  vote 
shall  be  taken  on  the  ratification  of  this  constitution  by  the  voters  of 
the  State,  and  the  general  assembly  then  elected  shall  meet  on  the 
15th  day  after  the  approval  thereof  by  the  Congress  of  the  United 
States,  if  it  fall  not  on  Sunday,  but  if  it  shall  so  fall,  then  on  the 
next  day  thereafter;  and  the  members  then  elected  shall  hold  their 
seats  until  their  successors  are  elected  at  a  regular  election. 

Article  III 

EXECUTIVE    DEPARTMENT 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
(in  whom  shall  be  vested  the  supreme  executive  power  of  the  State,) 
a  lieutenant-governor,  a  secretary  of  state,  an  auditor,  a  treasurer,  a 
superintendent  of  public  works,  a  superintendent  of  public  instruc- 
tion, and  an  attorney-general,  who  shall  be  elected  for  a  term  of  four 
years,  by  the  qualified  electors  of  the  State,  at  the  same  time  and 
places,  and  in  the  same  manner  as  members  of  the  general  assembly 
are  elected.  Their  term  of  office  shall  commence  on  the  first  day  of 
January  next,  after  their  election,  and  continue  until  their  successors 
are  elected  and  qualified:  Provided,  That  the  officers  first  elected 
shall  assume  the  duties  of  their  office  ten  days  after  the  approval  of 
the  constitution  by  the  Congress  of  the  United  States,  and  shall  hold 
their  offices  four  years  from  and  after  the  first  day  of  January,  1869. 

Sec.  2.  No   person   shall  be  eli^ble   as   governor   or  lieutenant- 

fovernor,  unless  he  shall  have  attained  the  age  of  thirty  years,  shall 
ave  been  a  citizen  of  the  United  States  five  years,  and  shall  have  been 
a  resident  of  this  State  for  two  years  next  before  the  election;  nor 
shall  the  person  elected  to  either  of  these  two  offices  be  eligible  to  the 
same  office  more  than  four  years  in  an^  term  of  eight  years,  imless 
the  office  shall  have  been  cast  upon  him  as  lieutenant-governor  or 
president  of  the  senate. 

Sec.  3.  The  return  of  every  election  for  officers  of  the  executive 
department  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  directed  to  the  speaker  of  the  house  of 
representatives,  who  shall  open  and  publish  the  same  in  the  presence 
of  a  majority  of  the  members  of  both  houses  of  the  general  assembly. 
The  persons  having  the  highest  number  of  votes  respectively  shall 
be  declared  duly  elected ;  but  if  two  or  more  be  equal  and  highest  in 
votes  for  the  same  office,  then  one  of  them  shall  be  chosen  by  joint 
ballot  of  both  houses  of  the  general  assembly.  Contested  elections 
shall  be  determined  by  a  joint  vote  of  both  houses  of  the  general 
assembly,  in  such  manner  as  shall  be  prescribed  by  law. 


2808  North  Carolina— 1868 

Sec.  4.  The  governor,  before  entering  upon  the  duties  of  his  office, 
shall,  in  the  presence  of  the  members  of  both  branches  of  the  general 
assembly,  or  before  any  justice  of  the  supreme  court,  take  an  oath 
or  affirmation  that  he  will  support  the  Constitution  and  laws  of  the 
United  States  and  of  the  State  of  North  Carolina,  and  that  he  will 
faithfully  perform  the  duties  appertaining  to  the  office  of  governor 
for  which  he  has  been  elected. 

Sec.  5.  The  governor  shall  reside  at  the  seat  of  government  of  this 
State,  and  he  shall,  from  time  to  time,  give  the  general  assembly 
information  of  the  affairs  of  the  State,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  deem  expedient. 

Sec.  6.  The  governor  shall  have  power  to  grant  reprieves,  commu- 
tations, and  pardons,  after  conviction,  for  all  offences,  (except  in 
cases  of  impeachment,)  upon  such  conditions  as  he  may  think  proper, 
subject  to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  He  shall  annually  communicate 
to  the  general  assembly  each  case, of  reprieve,  commutation,  or  par- 
don granted,  stating  the  name  of  each  convict,  the  crime  for  which 
he  was  convicted,  the  sentence  and  its  date,  the  date  of  commutation, 
pardon,  or  reprieve,  and  the  reasons  therefor. 

Sec.  7.  The  officers  of  the  executive  department  and  of  the  public 
institutions  of  the  State  shall,  at  least  five  days  previous  to  each 
regular  session  of  the  general  assembly,  severally  report  to  the  gov- 
ernor, who  shall  transmit  such  reports,  with  his  message,  to  the 
general  assembly;  and  the  governor  may  at  any  time  require  infor- 
mation in  writing  from  the  officers  in  the  executive  department  upon 
any  subject  relating  to  the  duties  of  their  respective  offices,  and  shall 
take  care  that  the  laws  be  faithfully  executed. 

Sec.  8.  The  governor  shall  be  commander-in-chief  of  the  militia  of 
the  State,  except  when  they  shall  be  called  into  the  service  of  the 
United  States. 

Sec.  9.  The  governor  shall  have  power  on  extraordinary  occasions, 
by  and  with  the  advice  of  the  council  of  state,  to  convene  the  general 
assembly  in  extra  session  by  his  proclamation,  stating  therein  the 
purpose  or  purposes  for  which  they  are  thus  convened. 

Sec.  10.  The  governor  shall  nominate  and,  by  and  wdth  the  advice 
and  consent  of  a  majority  of  the  senators-elect,  appoint  all  officers 
whose  offices  are  established  by  this  constitution,  or  which  shall  be 
created  by  law,  and  whose  appointments  are  not  otherwise  provided 
for,  and  no  such  officer  shall  be  appointed  or  elected  by  the  general 
assembly. 

Sec.  11.  The  lieutenant-governor  shall  be  president  of  the  senate, 
but  shall  have  no  vote  unless  the  senate  be  equally  divided.  He 
shall,  whilst  acting  as  president  of  the  senate,  receive  for  his  services 
the  same  pay  which  shall  for  the  same  period  be  allowed  to  the 
speaker  of  the  house  of  representatives,  and  he  shall  receive  no  other 
compensation  except  Avhen  he  is  acting  as  governor. 

Sec.  12.  In  case  of  the  impeachment  of  the  governor,  his  failure 
to  qualify,  his  absence  from  the  State,  his  inability  to  discharge  the 
duties  of  his  office,  or  in  case  the  office  of  governor  shall  in  anywise 
become  vacant,  the  powers,  duties,  and  emoluments  of  the  office  shall 
devolve  upon  the  lieutenant-governor  imtil  the  disabilities  shall  cease, 
or  a  new  governor  shall  be  elected  and  qualified.  In  every  case  in 
which  the  lieutenant-governor  shall  be  unable  to  preside  over  the 


North  Carolina— 1868  2809 

senate,  the  senators  shall  elect  one  of  their  own  number  president  of 
their  body;  and  the  powers,  duties,  and  emoluments  of  the  office  of 
governor  shall  devolve  upon  him  whenever  the  lieutenant-governor 
shall,  for  any  reason,  be  prevented  from  discharging  the  duties  of 
such  office  as  above  provided,  and  he  shall  continue  as  acting  gov- 
ernor until  the  disabilities  be  removed  or  a  new  governor  or  lieu- 
tenant-governor shall  be  elected  and  qualified.  Whenever,  during  the 
recess  of  the  general  assembly,  it  shall  become  necessary  for  a  presi- 
dent of  the  senate  to  administer  the  government,  the  secretary  of  state 
shall  convene  the  senate,  that  they  may  elect  such  president. 

Sec.  13.  The  respective  duties  of  the  secretary  of  state,  auditor, 
treasurer,  superintendent  of  public  works,  superintendent  of  public 
instruction,  and  attorney-general  shall  be  prescribed  by  law.  If  the 
office  of  any  of  said  officers  shall  be  vacated  by  death,  resignation,  or 
otherwise,  it  shall  be  the  duty  of  the  governor  to  appoint  another 
until  the  disability  be  removed  or  his  successor  be  elected  and  quali- 
fied. Every  such  vacancy  shall  be  filled  by  election,  at  the  first  gen- 
eral election  that  occurs  more  than  thirty  days  after  the  vacancy  has 
taken  place,  and  the  person  chosen  shall  hold  the  office  for  the  re- 
mainder of  the  unexpired  term  fixed  in  the  first  section  of  this  article. 

Sec.  14.  The  secretary  of  state,  auditor,  treasurer,  superintendent 
of  public  works,  and  superintendent  of  public  instruction  shall  con- 
stitute, ex  officio^  the  council  of  the  State,  who  shall  advise  the  gov- 
ernor in  the  execution  of  his  office,  and  three  of  w^hom  shall  constitute 
a  quorum;  their  advice  and  proceedings  in  this  capacity  shall  be 
entered  in  a  journal,  to  be  kept  for  this  purpose  exclusively,  and 
signed  by  the  members  present,  from  any  part  of  which  any  member 
may  enter  his  dissent;  and  such  journal  shall  be  placed  before  the 
general  assembly  when  called  for  by  either  house.  The  attorney- 
general  shall  be,  ex  officio^  the  legal  advisor  of  the  executive  depart- 
ment. 

Sec.  15.  The  officers  mentioned  in  this  article  shall,  at  stated  peri- 
ods, receive  for  their  services  a  compensation  to  be  established  by  law, 
which  shall  neither  be  increased  nor  diminished  during  the  time  for 
which  they  shall  have  been  elected,  and  the  said  officers  shall  receive 
no  other  emolument  or  allowance  whatever. 

Sec.  16.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him,  as  occasion  may  require,  and  shall  be 
called  "  The  Great  Seal  of  the  State  of  North  Carolina."  All  grants 
and  commissions  shall  be  issued  in  the  name  and  by  the  authority  of 
the  State  of  North  Carolina,  sealed  with  the  great  seal  of  the  State, 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

Sec.  17.  There  shall  be  established  in  the  office  of  secretary  of  state 
a  bureau  of  statistics,  agriculture,  and  immigration,  under  such  regu- 
lations as  the  general  assembly  may  provide. 

Article  IV 
judicial  department 

Section  1.  The  distinction  between  actions  at  law  and  suits  in 
equity,  and  the  forms  of  all  such  actions  and  suits,  shall  be  abolished, 
and  there  shall  be  in  this  State  but  one  form  of  action  for  the  enforce- 
ment or  protection  of  private  rights,  or  the  redress  of  private  wrongs, 


2810  North  Carolina— 1868 

which  shall  be  denominated  a  civil  action ;  and  every  action  prosecuted 
by  the  people  of  the  State  as  a  party,  against  a  person  charged  with  a 
public  offence,  for  the  punishment  of  the  same,  shall  be  termed  a 
criminal  action.  Feigned  issues  shall  also  be  abolished,  and  the  fact 
at  issue  tried  by  order  of  court  before* a  jury. 

Sec.  2.  Three  commissioners  shall  be  appointed  by  this  convention 
to  report  to  the  general  assembly,  at  its  first  session  after  this  constitu- 
tion shall  be  adopted  by  the  people,  rules  of  practice  and  procedure  in 
accordance  with  the  provisions  of  the  foregoing  section,  and  the  con- 
vention shall  provide  for  the  commissioners  a  reasonable  compensa- 
tion. 

Sec.  3.  The  same  commissioners  shall  also  report  to  the  general 
assembly,  as  soon  as  practicable,  a  code  of  the  law  of  North  Carolina. 
The  governor  shall  have  power  to  fill  all  vacancies  occurring  in  this 
commission. 

Sec.  4.  The  judicial  power  of  the  State  shall  be  vested  in  a  court 
for  the  trial  of  impeachments,  a  supreme  court,  superior  courts,  courts 
of  justices  of  the  peace,  and  special  courts. 

Sec.  5.  The  court  for  the  trial  of  impeachments  shall  be  the  senate. 
A  majority  of  the  members  shall  be  necessary  to  a  quorum,  and  the 
judgment  shall  not  extend  beyond  removal  from,  and  disqualification 
to  hold,  office  in  this  State;  but  the  party  shall  be  liable  to  indict- 
ment and  punishment  according  to  law. 

Sec.  6.  The  house  of  representatives  solely  shall  have  the  power  of 
impeaching.  No  person  shall  be  convicted  without  the  concurrence 
of  two-thirds  of  the  senators  present.  When  the  governor  is  im- 
peached, the  chief  justice  shall  preside. 

Sec.  T.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it  or  adhering  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 
two  witnesses  to  the  same  overt  act,  or  on  confession  in  open  court. 
No  conviction  of  treason  or  attainder  shall  work  corruption  of  blood 
or  forfeiture. 

Sec.  8.  The  supreme  court  shall  consist  of  a  chief  justice  and  four 
associate  justices. 

Sec.  9.  There  shall  be  two  terms  of  the  supreme  court  held  at  the 
seat  of  government  of  the  State  in  each  year,  commencing  on  the  first 
Monday  in  January  and  the  first  Monday  in  June,  and  continuing 
as  long  as  the  public  interests  may  require. 

Sec.  10.  The  supreme  court  shall  have  jurisdiction  to  review,  upon 
appeal,  and  decision  of  the  courts  below  ujDon  any  matter  of  law  or 
legal  inference;  but  no  issue  of  fact  shall  be  tried  before  this  court; 
and  the  court  shall  have  power  to  issue  any  remedial  writs  necessary 
to  give  it  a  general  supervision  and  control  of  the  inferior  courts. 

Sec.  11.  The  supreme  court  shall  have  original  jurisdiction  to  hear 
claims  against  the  State,  but  its  decisions  shall  be  merely  recom- 
mendatory ;  no  process  in  the  nature  of  execution  shall  issue  thereon ; 
they  shall  be  reported  to  the  next  session  of  the  general  assembly  for 
its  action. 

Sec.  12.  The  State  shall  be  divided  into  twelve  judicial  districts, 
for  each  of  which  a  judge  shall  be  chosen,  who  shall  hold  a  supierior 
court  in  each  county  in  said  district,  at  least  twice  in  each  year,  to 
continue  for  two  weeks,  unless  the  business  shall  sooner  be  disposed  of. 


North  Carolina— 1868  2811 

Sec.  13.  Until  altered  by  law,  the  following  shall  be  the  judicial 
districts : 

First  district. — Currituck,  Camden,  Pasquotank,  Perquimans, 
Chowan,  Gates,  Hertford,  and  Bertie. 

Second  district. — Tyrrell,  Hyde,  Washington,  Beaufort,  Martin, 
Pitt,  and  Edgecombe. 

Third  district. — Craven,  Carteret,  Jones,  Greene,  Onslow,  iJenoir, 
Wayne,  and  Wilson. 

Fourth  district. — Brunsw^ick,  New  Hanover,  Duplin,  Columbus, 
Bladen,  Sampson,  and  Robeson. 

Fifth  district. — Cumberland,  Harnett,  Moore,  Richmond,  Anson, 
Montgomery,  Stanly,  and  Union. 

Sixth  district. — Northampton,  Warren,  Halifax,  Wake,  Nash, 
Franklin,  Johnston,  and  Granville. 

Seventh  district. — Person,  Orange,  Chatham,  Randolph,  Guilford, 
Alamance,  Caswell,  and  Rockingham. 

Eighth  district. — Stokes,  Forsyth,  Davidson,  Rowan,  Davie,  Yad- 
kin, and  Surry. 

Ninth  district. — Catawba,  Cabarrus,  Mecklenburg,  Lincoln,  Gaston, 
Cleveland,  Rutherford,  and  Polk. 

Tenth  district. — Iredell,  Burke,  Caldwell,  Wilkes,  Alexander,  and 
McDowel. 

Eleventh  district. — Alleghany,  Ashe,  Watauga,  Mitchell,  Yancy, 
Madison,  and  Buncombe. 

Twelfth  district. — Henderson,  Transylvania,  Haywood,  Macon, 
Jackson,  Clay,  and  Cherokee. 

Sec.  14.  Every  judge  of  a  superior  court  shall  reside  in  his  district 
while  holding  his  office.  The  judges  may  exchange  districts  with 
each  other  with  the  consent  of  the  governor,  and  the  governor,  for 
good  reasons,  which  he  shall  report  to  the  legislature  at  its  current  or 
next  session,  may  require  any  judge  to  hold  one  or  more  specified 
terms  of  said  courts  in  lieu  of  the  judge  in  whose  district  they  are. 

Sec.  15.  The  superior  courts  shall  have  exclusive  original  jurisdic- 
tion of  all  civil  actions,  whereof  exclusive  original  jurisdiction  is  not 
given  to  some  other  courts ;  and  of  all  criminal  actions,  in  which  the 
punishment  may  exceed  a  fine  of  fifty  dollars  or  imprisonment  for  one 
month. 

Sec.  16.  The  superior  courts  shall  have  appellate  jurisdiction  of  all 
issues  of  law  or  fact,  determined  by  a  probate  judge  or  a  justice  of 
the  peace,  where  the  matter  in  controversy  exceeds  twenty-five  dol- 
lars, and  of  matters  of  law  in  all  cases. 

Sec.  17.  The  clerks  of  the  superior  courts  shall  have  jurisdiction 
of  the  probate  of  deeds,  the  granting  of  letters  testamentary  and  of 
administration,  the  appointment  of  guardians,  the  apprenticing  of 
r)rphans,  to  audit  the  accounts  of  executors,  administrators,  and 
guardians,  and  of  such  other  matters  as  shall  be  prescribed  by  law. 
All  issues  of  fact  joined  before  them  shall  be  transferred  to  the 
superior  courts  for  trial,  and  appeals  shall  lie  to  the  superior  courts 
from  their  judgments  in  all  matters  of  law. 

Sec.  18.  In  all  issues  of  fact,  joined  in  any  court,  the  parties  may 
waive  the  right  to  have  the  same  determined  by  jury,  in  which  case 
the  finding  of  the  judge  upon  the  facts  shall  have  the  force  and  effect 
of  a  verdict  of  a  jury. 


2812  North  Carolina— 1868 

Sec.  19.  The  general  assembly  shall  provide  for  the  establishment 
of  special  courts,  for  the  trial  of  misdemeanors,  in  cities  and  towns, 
where  the  same  may  be  necessary. 

Sec.  20.  The  clerk  of  the  supreme  court  shall  be  appointed  by  the 
court,  and  shall  hold  his  office  for  eight  years. 

Sec.  21.  A  clerk  of  the  superior  court  for  each  county  shall  be 
elected  by  the  qualified  voters  thereof,  at  the  time  and  in  the  manner 
prescribed  by  law  for  the  election  of  members  of  the  general  assembly. 

Sec.  22.  Clerks  of  the  superior  courts  shall  hold  their  offices  for 
four  years. 

Sec.  23.  The  general  assembly  shall  prescribe  and  regulate  the  fees, 
salaries,  and  emoluments  of  all  officers  provided  for  in  this  article; 
but  the  salaries  of  the  judges  shall  not  be  diminished  during  their 
continuance  in  office. 

Sec.  24.  The  laws  of  North  Carolina,  not  repugnant  to  this  con- 
stitution or  to  the  Constitution  and  laws  of  the  United  States,  shall  be 
in  force  until  lawfully  altered. 

Sec.  25.  Actions  at  law,  and  suits  in  equity,  pending  when  this  con- 
stitution shall  go  into  effect,  shall  be  transferred  to  the  courts  having 
jurisdiction  thereof,  without  prejudice  by  reason  of  the  change,  and 
all  such  actions  and  suits,  commenced  before,  and  pending  at,  the 
adoption  by  the  general  assembly  of  the  rules  of  practice  and  pro- 
cedure herein  provided  for,  shall  be  heard  and  determined  according 
to  the  practice  now  in  use,  unless  otherwise  provided  for  by  said  rules. 

Sec.  26.  The  justices  of  the  supreme  court  shall  be  elected  by  the 
qualified  voters  of  the  State,  as  is  provided  for  the  election  of  members 
of  the  general  assembly.  They  shall  hold  their  offices  for  eight  years. 
The  judges  of  the  superior  courts  shall  be  elected  in  like  manner,  and 
shall  hold  their  offices  for  eight  years;  but  the  judges  of  the  superior 
courts  elected  at  the  first  election  under  this  constitution  shall,  after 
their  election,  under  the  superintendence  of  the  justices  of  the  supreme 
court,  be  divided  by  lot  into  two  equal  classes,  one  of  which  shall  hold 
office  for  four  years,  the  other  for  eight  years. 

Sec.  27.  The  general  assembly  may  provide  by  law  that  the  judges 
of  the  superior  courts,  instead  of  being  elected  by  the  voters  of  the 
whole  State,  as  is  herein  provided  for,  shall  be  elected  by  the  voters 
of  their  respective  districts. 

Sec.  28.  The  superior  courts  shall  be,  at  all  times,  open  for  the 
transaction  of  all  business  within  their  jurisdiction,  except  the  trial 
of  issues  of  fact  requiring  a  jury. 

Sec.  29.  A  solicitor  shall  be  elected  for  each  judicial  district  by  the 
qualified  voters  thereof,  as  is  prescribed  for  members  of  the  general 
assembly,  who  shall  hold  office  for  the  term  of  four  years,  and  prose-, 
cute  on  behalf  of  the  State,  in  all  criminal  actions  in  the  superior 
courts,  and  advise  the  officers  of  justice  in  his  district. 

Sec.  30.  In  each  county  a  sheriff  and  coroner  shall  be  elected  by  the 
qualified  voters  thereof,  as  is  prescribed  for  members  of  the  general 
assembly,  and  shall  hold  their  offices  for  two  years.  In  each  town- 
ship there  shall  be  a  constable,  elected  in  like  manner  by  the  voters 
thereof,  who  shall  hold  his  office  for  two  years.  When  there  is  no 
coroner  in  the  county,  the  clerk  of  the  superior  court  for  the  county 
may  appoint  one  for  special  cases.    In  case  of  a  vacancy  existing  for 


North  Carolina— 1868  2813 

any  cause,  in  any  of  the  offices  created  by  this  section,  the  commis- 
sioners for  the  county  may  appoint  to  such  office  for  the  unexpired 
term. 

Sec.  31.  All  vacancies  occurring  in  the  offices  provided  for  by  this 
article  of  this  constitution  shall  be  filled  by  the  appointment  of  the 
governor,  unless  otherwise  provided  for ;  and  the  appointees  shall  hold 
their  places  until  the  next  regular  election. 

Sec.  32.  The  officers  elected  at  the  first  election  held  under  this 
constitution  shall  hold  their  offices  for  the  terms  prescribed  for  them 
respectively,  next  ensuing  after  the  next  regular  election  for  members 
of  the  general  assembly ;  but  their  terms  shall  begin  upon  the  approval 
of  this  constitution  by  the  Congress  of  the  United  States. 

Sec.  33.  The  several  justices  of  the  peace  shall  have  exclusive  orig- 
inal jurisdiction,  under  such  regulations  as  the  general  assembly  shall 
prescribe,  of  all  civil  actions,  founded  on  contract,  wherein  the  sum 
demanded  shall  not  exceed  tw^o  hundred  dollars,  and  wherein  the  title 
to  real  estate  shall  not  be  in  controversy ;  and  of  all  criminal  matters 
arising  within  their  counties,  where  the  punishment  cannot  exceed 
a  fine  of  fifty  dollars,  or  imprisonment  for  one  month.  When  an 
issue  of  fact  shall  be  joined  before  a  justice,  on  demand  of  either  party 
thereto,  he  shall  cause  a  jury  of  six  men  to  be  summoned,  who  shall 
try  the  same.  The  party  against  whom  judgment  shall  be  rendered 
in  any  civil  action  may  appeal  to  the  superior  court  from  the  same, 
and,  if  the  judgment  shall  exceed  twenty-five  dollars,  there  may  be  a 
new  trial  of  the  whole  matter  in  the  appellate  court ;  but  if  the  judg- 
ment shall  be  for  twenty-five  dollars  or  less,  then  the  case  shall  be 
heard  in  the  appellate  court  only  upon  matters  of  law.  In  all  cases  of 
a  criminal  nature,  the  party  against  whom  judgment  is  given  may 
appeal  to  the  superior  court,  w^here  the  matter  shall  be  heard  anew. 
In  all  cases  brought  before  a  justice,  he  shall  make  a  record  of  the 
proceedings,  and  file  the  same  with  the  clerk  of  the  superior  court  for 
his  county. 

Sec.  34.  When  the  office  of  justice  of  the  peace  shall  become  vacant, 
otherwise  than  by  expiration  of  the  term,  and  in  case  of  a  failure  by 
the  voters  of  any  district  to  elect,  the  clerk  of  the  superior  court  for 
the  county  shall  appoint  to  fill  the  vacancy  for  the  unexpired  term. 

Sec.  35.  In  case  the  office  of  clerk  of  a  superior  court  for  a  county 
shall  become  vacant,  otherwise  than  by  the  expiration  of  the  term, 
and  in  case  of  a  failure  by  the  people  to  elect,  the  judge  of  the  superior 
court  for  the  county  shall  appoint  to  fill  the  vacancy  until  an  election 
can  be  regularly  held. 

Article  V 
revenue  and  taxation 

Section  1.  The  general  assembly  shall  levy  a  capitation-tax  on 
every  male  inhabitant  of  the  State  over  twenty-one  and  under  fifty 
years  of  age,  which  shall  be  equal,  on  each,  to  the  tax  on  property  val- 
ued at  three  hundred  dollars  in  cash.  The  commissioners  of  the  sev- 
eral counties  may  exempt  from  capitation- tax  in  special  cases,  on 
account  of  poverty  and  infirmity,  and  the  State  and  county  caj^ita- 
tion-tax  combined  shall  never  exceed  two  dollars  on  the  head. 


2814  North .  Carolina— 1868 

Sec.  2.  The  proceeds  of  the  State  and  county  capitation-tax  shall 
be  applied  to  the  purposes  of  education  and  the  support  of  the  poor, 
but  in  no  one  year  shall  more  than  twenty-five  per  cent,  thereof  be 
appropriated  to  the  latter  purpose. 

Sec.  3.  Laws  shall  be  passed,  taxing  by  a  uniform  rule  all  moneys, 
credits,  investments  in  bonds,  stocks,  joint-stock  companies,  or  other- 
wise ;  and,  also,  all  real  and  personal  property,  according  to  its  true 
value  in  money.  The  general  assembly  may  also  tax  trades,  profes- 
sions, franchises,  and  incomes :  Provided^  That  no  income  shall  be 
taxed  when  the  property  from  Avhich  the  income  is  derived  is  taxed. 

Sec.  4.  The  general  assembly  shall,  by  appropriate  legislation  and 
by  adequate  taxation,  provide  for  the  prompt  and  regular  payment 
of  the  interest  on  the  public  debt,  and,  after  the  year  1880,  it  shall  lay 
a  specific  annual  tax  upon  the  real  and  personal  property  of  the  State, 
and  the  sum  thus  realized  shall  be  set  apart  as  a  sinking-fund,. to  be 
devoted  to  the  payment  of  the  public  debt. 

Sec.  5.  Until  the  bonds  of  the  State  shall  be  at  par,  the  general 
assembly  shall  have  no  power  to  contract  any  new  debt  or  pecuniary 
obligation  in  behalf  of  the  State,  except  to  supply  a  casual  deficit,  or 
for  suppressing  invasion  or  insurrection,  unless  it  shall  in  the  same 
bill  levy  a  special  tax  to  pay  the  interest  annuall}^  And  the  general 
assembly  shall  have  no  power  to  give  or  lend  the  credit  of  the  State 
in  aid  of  any  person,  association,  or  corporation,  except  to  aid  in  the 
completion  of  such  railroads  as  may  be  unfinished  at  the  time  of  the 
adoption  of  this  constitution,  or  in  which  the  State  has  a  direct 
pecuniary  interest,  unless  the  subject  be  submitted  to  a  direct  vote 
of  the  people  of  the  State,  and  be  approved  by  a  majority  of  those 
who  shall  vote  thereon. 

Sec.  6.  Property  belonging  to  the  State,  or  to  municipal  corpora- 
tions, shall  be  exempt  from  taxation.  The  general  assembly  may 
exempt  cemeteries,  and  property  held  for  educational,  scientific,  liter- 
ary, charitable,  or  religious  purposes;  also,  wearing-apparel,  arms 
for  muster,  household  and  kitchen  furniture,  the  mechanical  and 
agricultural  implements  of  mechanics  and  farmers,  libraries,  and 
scientific  instruments,  to  a  value  not  exceeding  three  hundred  dollars. 

Sec.  7.  The  taxes  levied  by  the  commissioners  of  the  several  coun- 
ties, for  county  purposes,  shall  be  levied  in  like  manner  with  the  State 
taxes,  and  shall  never  exceed  the  double  of  the  State  tax,  except  for 
a  special  purpose,  and  with  the  special  approval  of  the  general 
assembly. 

Sec.  8.  Every  act  of  the  general  assembly,  levying  a  tax,  shall 
state  the  special  object  to  which  it  is  to  be  applied,  and  it  shall  be 
applied  to  no  other  purpose. 

Article  VI 

SUFFRAGE    AND    ELIGIBILITY   TO    OFFICE 

Section  1.  Every  male  person  born  in  the  United  States,  and  every 
male  person  who  has  been  naturalized,  twenty-one  years  old  or 
upward,  who  shall  have  resided  in  this  State  twelve  months  next  pre- 
ceding the  election,  and  thirty  days  in  the  county  in  which  he  offers 
to  vote,  shall  be  deemed  an  elector. 


North  Carolina— 1868  2815 

Sec.  2.  It  shall  be  the  duty  of  the  general  assembly  to  provide  from 
time  to  time,  for  the  registration  of  all  electors,  and  no  person  shall 
be  allowed  to  vote  without  registration,  or  to  register,  without  first 
taking  an  oath  or  affirmation  to  support  and  maintain  the  Constitu- 
tion and  laws  of  the  United  States,  and  the  constitution  and  laws  of 
North  Carolina,  not  inconsistent  therew^ith. 

Sec.  3.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
tions by  the  general  assembly  shall  be  viva  voce. 

Sec.  4.  Every  voter,  except  as  hereinafter  provided,  shall  be  eligi- 
ble to  office ;  but  before  entering  upon  the  discharge  of  the  duties  of 

his  office,  he  shall  take  and  subscribe  the  following  oath :  "  I,  

-,  do  solemnly  swear  [or  affirm]  that  I  will  support  and  maintain 


the  Constitution  and  laws  of  the  United  States,  and  the  constitution 
and  laws  of  North  Carolina  not  inconsistent  therewith,  and  that  I  will 
faithfully  discharge  the  duties  of  my  office :  so  help  me  God.'' 

Sec.  5.  The  following  classes  of  persons  shall  be  disqualified  for 
office:  first,  all  persons  who  shall  deny  the  being  of  Almighty  (xod; 
second,  all  persons  who  shall  have  been  convicted  of  treason,  perjury, 
or  of  any  other  infamous  crime,  since  becoming  citizens  of  the  United 
States,  or  of  corruption,  or  malpractice  in  office,  unless  such  persons 
shall  have  been  legally  restored  to  the  rights  of  citizenship. 

Article  YII 
municipal  corporations 

Section  1.  In  each  county,  there  shall  be  elected,  biennially,  by  the 
qualified  voters  thereof,  as  provided  for  the  election  of  members  of 
the  general  assembly,  the  following  officers:  A  treasurer,  register  of 
deeds,  surveyor,  and  five  commissioners. 

Sec.  2.  It  shall  be  the  duty  of  the  commissioners  to  exercise  a  gen- 
oral  supervision  and  control  of  the  penal  and  charitable  institutions, 
schools,  roads,  bridges,  levying  of  taxes,  and  finances  of  the  county, 
as  may  be  prescribed  by  law.  The  register  of  deeds  shall  be  ex-ofjicio 
clerk  of  the  board  of  commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  commissioners  first  elected  in 
each  county  to  divide  the  same  into  convenient  districts,  to  determine 
the  boimdaries,  and  prescribe  the  names  of  the  said  districts,  and 
report  the  same  to  the  general  assembly  before  the  first  day  of  Janu- 
ary, 1869. 

Sec.  4.  Upon  the  approval  of  the  reports  provided  for  in  the  fore- 
going section,  by  the  general  assembly,  the  said  districts  shall  have 
corporate  powers  for  the  necessary  purposes  of  local  government,  and 
shall  be  known  as  townships. 

Sec.  5.  In  each  township  there  shall  be  biennially  elected,  by  the 
qualified  voters  thereof,  a  clerk  and  tw^o  justices  of  the  peace,"  who 
shall  constitute  a  board  of  trustees,  and  shall,  under  the  supervision 
of  the  county  commissioners,  have  control  of  the  taxes  and  finances, 
roads,  and  bridges  of  the  township,  as  may  be  prescribed  by  law. 
The  general  assembly  may  provide  for  the  election  of  a  larger  num- 
ber o-f  justices  of  the  peace  in  cities  and  towns,  and  in  those  town- 
ships in  which  cities  and  towns  are  situated.     In  every  township 


2816  North  Carolina— 1868 

there  shall  also  be  biennially  elected  a  school  committee,  consisting  of 
three  persons,  whose  duty  shall  be  prescribed  by  law. 

Sec.  6.  The  township  board  of  trustees  shall  assess  the  taxable 
property  of  their  townships  and  make  return  to  the  county  commis- 
sioners for  revision,  as  may  be  prescribed  by  law.  The  clerk  shall 
also  be  ex-offlcio  treasurer  of  the  township. 

Sec.  7.  No  county,  city,  town,  or  other  municipal  corporation  shall 
contract  any  debt,  pledge  its  faith,  or  loan  its  credit,  nor  shall  any 
tax  be  levied  or  collected  by  any  officers  of  the  same,  except  for  the 
necessary  expenses  thereof,  unless  by  a  vote  of  a  majority  of  the 
qualified  voters  therein. 

Sec.  8.  No  money  shall  be  drawn  from  any  county  or  township 
treasury  except  by  authority  of  law. 

Sec.  9.  All  taxes  levied  by  any  county,  city,  town,  or  township  shall 
be  uniform  and  ad  valorem  upon  all  property  in  the  same,  except 
j^roperty  exempted  by  this  constitution.  * 

Sec.  10.  The  county  officers  first  elected  under  the  provisions  of 
this  article  shall  enter  upon  their  duties  ten  days  after  the  approval 
of  this  constitution  by  the  Congress  of  the  United  States. 

Sec.  11.  The  governor  shall  appoint  a  sufficient  number  of  justices 
of  the  peace  in  each  county,  who  shall  hold  their  places  until  sections 
four,  five,  and  six  of  this  article  shall  have  been  carried  into  effect. 

Sec.  12.  All  charters,  ordinances,  and  provisions  relating  to  munic- 
ipal corporations  shall  remain  in  force  until  legally  changed,  unless 
inconsistent  with  the  provisions  of  this  constitution. 

Sec.  13.  No  county,  city,  town,  or  other  municipal  corporation  shall 
assume  or  pay,  nor  shall  any  tax  be  levied  or  collected  for  the  pay- 
ment of,  any  debt,  or  the  interest  upon  any  debt,  contracted,  directly 
or  indirectly,  in  aid  or  support  of  the  rebellion. 

Article  VIII 
corporations  other  than  municipal 

Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act,  except  for  municipal  purposes,  and 
in  cases  where,  in  the  judgment  of  the  legislature,  the  object  of  the 
corporations  cannot  be  attained  under  general  laws.  All  general 
laws  and  special  acts  passed  pursuant  to  this  section  may  be  altered, 
from  time  to  time,  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liabilities  of  the  corporations  and  other  means  as  may  be  prescribed 
by  law. 

Sec.  3.  The  term  "  corporation,"  as  used  in  this  article,  shall  bo 
construed  to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  and  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships.  And  all  corporations  shall  have  the 
right  to  sue,  and  shall  be  subject  to  be  sued,  in  all  courts  in  like  cases 
as  natural  persons. 

Sec.  4.  It  shall  be  the  duty  of  the  legislature  to  provide  for  the 
organization  of  cities,  towns,  and  incorporated  villages,  and  to  re- 
strict their  power  of  taxation,  assessments,  borrowing  money,  con- 
tracting debts,  and  loaning  their  credit,  so  as  to  prevent  abuses  in 
assessments  and  in  contracting  debts  by  such  municipal  corporation. 


North  Carolina— 1868  2817 


Article  IX 

EDUCATION 

Section  1.  Religion,  morality,  and  knowledge  being  necessary  to 
good  government  and  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  be  encouraged. 

Sec.  2.  The  general  assembly,  at  its  first  session  under  this  consti- 
tution, shall  provide,  by  taxation  and  otherwise,  for  a  general  and 
uniform  system  of  public  schools,  wherein  tuition  shall  be  free  of 
charge  to  all  the  children  of  the  State  between  the  ages  of  six  and 
twenty-one  years. 

Sec.  3.  Each  county  of  the  State  shall  be  divided  into  a  convenient 
number  of  districts,  in  which  one  or  more  public  schools  shall  be 
maintained,  at  least  four  months  in  every  year;  and  if  the  commis- 
sioners of  any  county  shall  fail  to  comply  with  the  aforesaid  require- 
ments of  this  section,  they  shall  be  liable  to  indictment. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been,  or  hereafter  may 
be,  granted  by  the  United  States  to  this  State,  and  not  otherwise 
specially  appropriated  by  the  United  States  or  heretofore  by  this 
State;  also,  all  moneys,  stocks,  bonds,  and  other  property  now 
belonging  to  any  fund  for  purposes  of  education;  also,  the  net  pro- 
ceeds that  may  accrue  to  the  State  from  sales  of  estrays,  or  from  fines, 
penalties,  and  forfeitures;  also,  the  proceeds  of  all  sales  of  the 
swamp-lands  belonging  to  the  State;  also,  all  money  that  shall  be 
paid  as  an  equivalent  for  exemption  from  military  duty;  also,  all 
grants,  gifts,  or  devises  that  may  hereafter  be  made  to  this  State,  and 
not  otherwise  appropriated  by  the  grant,  gift,  or  devise,  shall  be 
securely  invested,  and  sacredly  preserved  as  an  irreducible  educa- 
tional fund,  the  annual  income  of  which,  together  with  so  much  of 
the  ordinary  revenue  of  the  State  as  may  be  necessary,  shall  be  faith- 
fully appropriated  for  establishing  and  perfecting  in  this  State  a 
system  of  free  public  schools,  and  for  no  other  purposes  or  uses  what- 
soever. 

Sec.  5.  The  University  of  North  Carolina,  with  its  lands,  emolu- 
ments, and  franchises,  is  under  the  control  of  the  State,  and  shall  be 
held  to  an  inseparable  connection  with  the  free  public-school  system 
of  the  State. 

Sec.  6.  The  general  assembly  shall  provide  that  the  benefits  of  the 
university,  as  far  as  practicable,  be  extended  to  the  youth  of  the 
State  free  of  expense  for  tuition;  also,  that  all  the  property  which 
has  heretofore  accrued  to  the  State,  or  shall  hereafter  accrue,  from 
escheats,  unclaimed  dividends,  or  distributive  shares  of  the  estates  of 
deceased,  persons,  shall  be  appropriated  to  the  use  of  the  university. 

Sec.  7.  The  governor,  lieutenant-governor,  secretary  of  state,  treas- 
urer, auditor,  superintendent  of  public  works,  superintendent  of  pub- 
lic instruction,  and  attorney -general,  shall  constitute  a  State  board  of 
education. 

Sec.  8.  The  governor  shall  be  president,  and  the  superintendent  of 
public  instruction  shall  be  secretary,  of  the  board  of  education. 

Sec.  9.  The  board  of  education  shall  succeed  to  all  the  powers  and 
trusts  of  the  president  and  directors  of  the  literary  fund  of  North 
Carolina,  and  shall  have  full  power  to  legislate  and  make  all  needful 


2818  North  Carolina— 1868 

rules  and  regulations  in  relation  to  free  public  schools  and  the  edu- 
cational fund  of  the  State;  but  all  acts,  rules,  and  regulations  of 
said  board  may  be  altered,  amended,  or  repealed  by  the  general  assem- 
bly, and  when  so  altered,  amended,  or  repealed,  they  shall  not  be  re- 
enacted  by  the  board. 

Sec.  10.  The  first  session  of  the  board  of  education  shall  be  held  at 
the  capital  of  the  State,  within  fifteen  days  after  the  organization  of 
the  State  government  under  this  constitution;  the  time  of  future 
meetings  may  be  determined  by  the  board. 

Sec.  11.  A  majority  of  the  board  shall  constitut;e  a  quorum  for  the 
transaction  of  business. 

Sec.  12.  The  contingent  expenses  of  the  board  shall  be  provided 
for  by  the  general  assembly. 

Sec.  13.  The  board  of  education  shall  elect  trustees  for  the  univer- 
sity, as  follows:  One  trustee  for  each  county  in  the  State,  whose  term 
of  office  shall  be  eight  years.  The  first  meeting  of  the  board  shall 
be  held  within  ten  days  after  their  election,  and  at  this  and  every 
subsequent  meeting  ten  trustees  shall  constitute  a  quorum.  The  trus- 
tees at  their  first  meeting  shall  be  divided,  as  equally  as  may  be,  into 
four  classes.  The  seats  of  the  first  class  shall  be  vacated  at  the  expi- 
ration of  two  years;  of  the  second  class,  at  the  expiration  of  four 
years ;  of  the  third  class,  at  the  expiration  of  six  years ;  of  the  fourth 
class,  at  the  expiration  of  eight  years;  so  that  one-fourth  may  be 
chosen  every  second  year. 

Sec.  14.  The  board  of  education  and  the  president  of  the  univer- 
sity, shall  be  ex-offlcio  members  of  the  board  of  trustees  of  the  uni- 
versity; and  shall,  with  three  other  trustees,  to  be  appointed  by  the 
board  of  trustees,  constitute  the  executive  committee  of  the  trustees 
of  the  University  of  North  Carolina,  and  shall  be  clothed  with  the 
powers  delegated  to  the  executive  committee  under  the  existing 
organization  of  the  institution.  The  governor  shall  be  ex-offlcio 
president  of  the  board  of  trustees  and  chairman  of  the  executive  com- 
mittee of  the  university.  The  board  of  education  shall  provide  for 
the  more  perfect  organization  of  the  board  of  trustees. 

Sec.  15.  All  the  privileges,  rights,  franchises,  and  endowments 
heretofore  granted  to,  or  conferred  upon,  the  board  of  trustees  of  the 
University  of  North  Carolina  by  the  charter  of  1789,  or  by  any  sub- 
sequent legislation,  are  hereby  vested  in  the  board  of  trustees,  author- 
ized by  this  constitution,  for  the  perpetual  benefit  of  the  university. 

Sec.  16.  As  soon  as  practicable  after  the  adoption  of  this  constitu- 
tion, the  general  assembly  shall  establish  and  maintain,  in  connection 
with  the  university,  a  department  of  agriculture,  of  mechanics,  of 
mining,  and  of  normal  instruction. 

Sec.  17.  The  general  assembly  is  hereby  empowered  to  enact  that 
every  child  of  sufficient  mental  and  physical  ability,  shall  attend  the 
public  schools,  during  the  period  between  the  ages  of  six  and  eighteen 
years,  for  a  term  of  not  less  than  sixteen  months,  unless  educated  by 
other  means. 

Article  X 

homesteads  and  exemptions 

Section  1.  The  personal  property  of  any  resident  of  this  State,  to 
the  value  of  five  hundred  dollars,  to  be  selected  by  such  resident, 


North  Carolina— 1868  2819 

shall  be,  and  is  hereby,  exempted  from  sale  under  execution,  or  other 
final  process  of  any  court,  issued  for  the  collection  of  any  debt. 

Sec.  2.  Every  homestead,  and  the  dwelling  and  buildings  used 
therewith,  not  exceeding  in  value  one  thousand  dollars,  to  be  selected 
by  the  owner  thereof,  or,  in  lieu  thereof,  at  the  option  of  the  owner, 
any  lot  in  a  city,  town,  or  village,  with  the  dwelling  and  buildings 
used  thereon,  owned  and  occupied  by  any  resident  of  this  State,  and 
not  exceeding  the  value  of  one  thousand  dollars,  shall  be  exempted 
from  sale  under  execution,  or  other  final  process,  obtained  on  any 
debt.  But  no  property  shall  be  exempt  from  sale  for  taxes,  or  for 
payment  of  obligations  contracted  for  the  purchase  of  said  premises. 

Sec.  3.  The  homestead,  after  the  death  of  the  owner  thereof,  shall 
be  exempt  f rqm  the  payment  of  any  debt,  during  the  minority  of  his 
children,  or  any  one  of  them. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  -this  article  shall 
not  be  so  construed  as  to  prevent  a  laborer's  lien  for  work  done  and 
performed  for  the  person  claiming  such  exemption,  or  a  mechanic's 
lien  for  work  done  on  the  premises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow,  but  no 
children,  the  same  shall  be  exempt  from  the  debts  of  her  husband, 
and  the  rents  and  profits  thereof  shall  inure  to  her  benefit  during  her 
widowhood,  unless  she  be  the  owner  of  a  homestead  in  her  own  right. 

Sec.  6.  The  real  and  personal  property  of  any  female  in  this  State, 
acquired  before  marriage,  and  all  property,  real  and  personal,  to 
which  she  may  after  marriage,  become  in  any  manner  entitled,  shall 
be  and  remain  the  sole  and  separate  estate  and  property  of  such 
female,  and  shall  not  be  liable  for  any  debts,  obligations,  or  engage- 
ments of  her  husband,  and  may  be  devised  or  bequeathed,  and,  with 
the  written  assent  of  her  husband,  conveyed,  by  her,  as  if  she  were 
unmarried. 

Sec.  7.  The  husband  may  insure  his  own  life  for  the  sole  use  and 
benefit  of  his  wife  and  children,  and  in  case  of  the  death  of  the  hus- 
band, the  amount  thus  insured  shall  be  paid  over  to  the  wife  and 
children,  or  the  guardian,  if  under  age,  for  her,  or  their  own  use,  free 
from  all  the  claims  of  the  representatives  of  the  husband  or  any  of 
his  creditors. 

Sec.  8.  Nothing  contained  in  the  foregoing  sections  of  this  article 
shall  operate  to  prevent  the  owner  of  a  homestead  from  disposing  of 
the  same  by  deed,  but  no  deed  made  by  the  owner  of  a  homestead 
shall  be  valid  without  the  voluntary  signature  and  assent  of  his  wife, 
signified  on  her  private  examination  according  to  law. 

Article  XI 
punishments,  penal  institutions,  and  public  charities 

Section  1.  The  following  punishments  only  shall  be  known  to  the 
laws  of  this  State,  viz:  Death,  imprisonment  with  or  without  hard 
labor,  fines,  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust,  or  profit  under  this  State. 

Sec.  2.  The  objects  of  punishments  being  not  only  to  satisfy  justice, 
but  also  to  reform  the  offender,  and  thus  prevent  crime,  murder, 
arson,  burglary,  and  rape,  and  these  only,  may  be  punishable  with 
death,  if  the  general  assembly  shall  so  enact. 
7254— VOL  5—09 19 


2820  North  Carolina— 1868 

Sec.  3.  The  general  assembly  shall,  at  its  first  meeting,  make  pro- 
vision for  the  erection  and  conduct  of  a  State's  prison,  or  peniten- 
tiary, at  some  central  and  accessible  point  within  the  State. 

Sec.  4.  The  general  assembly  may  provide  for  the  erection  of 
houses  of  correction,  where  vagrants  and  persons  guilty  of  misde- 
meanors shall  be  restrained  and  usefully  employed. 

Sec.  5.  A  house  or  houses  of  refuge  may  be  established,  whenever 
the  public  interest  may  require  it,  for  the  correction  and  instruction 
of  other  classes  of  offenders. 

Sec.  6.  It  shall  be  required  by  competent  legislation  that  the 
structure  and  superintendence  of  penal  institutions  of  the  State,  the 
county  jails,  and  city  police  prisons,  secure  the  health  and  comfort  of 
the  prisoners,  and  that  male  and  female  prisoners  be  never  confined  in 
the  same  room  or  cell. 

Sec.  7.  Beneficent  provision  for  the  poor,  the  unfortunate,  and 
orphan  being  one  of  the  first  duties  of  a  civilized  and  Christian  State, 
the  general  assembly .  shall,  at  its  first  session,  appoint  and  define 
the  duties  of  a  board  of  public  charities,  to  whom  shall  be  intrusted 
the  supervision  of  all  charitable  and  penal  State  institutions,  and 
who  shall  annually  report  to  the  governor  upon  their  condition,  with 
suggestions  for  their  improvement. 

Sec.  8.  There  shall  also,  as  soon  as  practicable,  be  measures  devised 
by  the  State  for  the  establishment  of  one  or  more  orphan  houses, 
where  destitute  orphans  may  be  cared  for,  educated,  and  taught  some 
business  or  trade. 

Sec.  9.  It  shall  be  the  duty  of  the  legislature,  as  soon  as  practicable, 
to  devise  means  for  the  education  of  idiots  and  inebriates. 

Sec.  10.  The  general  assembly  shall  provide  that  all  the  deaf- 
mutes,  the  blind,  and  the  insane  of  the  State  shall  be  cared  for  at  the 
charge  of  the  State. 

Sec.  11.  It  shall  be  steadily  kept  in  view  by  the  legislature  and 
the  board  of  public  charities  that  all  penal  and  charitable  institutions 
should  be  made  as  nearly  self-supporting  as  is  consistent  with  the 
purposes  of  their  creation. 

Article  XII 

MILITIA 

Section  1.  All  able-bodied  male  citizens  of  the  State  of  North 
Carolina  between  the  ages  of  twenty-one  and  forty  j^ears,  Avho  are 
citizens  of  the  United  States,  shall  be  liable  to  duty  in  the  militia: 
Provided,  That  all  persons  who  may  be  adverse  to  bearing  arms, 
from  religious  scruples,  shall  be  exempt  therefrom. 

Sec.  2.  The  general  assembly  shall  provide  for  the  organizing 
arming,  equipping,  and  disciplining  of  the  militia,  and  for  paying 
the  same  when  called  into  active  service. 

Sec.  3.  The  governor  shall  be  commander-in-chief,  and  have  power 
to  call  out  the  militia  to  execute  the  law,  to  suppress  riots  or  insurrec- 
tion, and  to  repel  invasion. 

Sec.  4.  The  general  assembly  shall  have  power  to  make  such  exemp- 
tions as  may  be  deemed  necessary,  and  to  enact  laws  that  may  be 
expedient -for  the  government  of  the  militia. 


North  Carolina— 1868  2821 

Article  XIII 

AMENDMENTS 

Section  1.  No  convention  of  the  people  shall  be  called  by  the  gen- 
eral assembly  unless  by  the  concurrence  of  two-thirds  of  all  the  mem- 
bers of  each  house  of  the  general  assembly. 

Sec.  2.  Xo  part  of  the  constitution  of  this  State  shall  be  altered 
unless  a  bill  to  alter  the  same  shall  have  been  read  three  times  in 
each  house  of  the  general  assembly  and  agreed  to  by  three-fifths  of 
the  whole  number  of  members  of  each  house,  respectively ;  nor  shall 
any  alteration  take  place  until  the  bill,  so  agreed  to,  shall  have  been 
published  six  months  previous  to  a  new  election  of  members  to  the 
general  assembly.  If,  after  such  publication,  the  alteration  proposed 
by  the  preceding  general  assembly  shall  be  agreed  to  in  the  first  ses- 
sion thereafter  by  two-thirds  of  the  whole  representation  in  each 
house  of  the  general  assembly,  after  the  same  shall  have  been  read 
three  times  on  three  several  days  in  each  house,  then  the  said  general 
assembly  shall  prescribe  a  mode  by  which  the  amendment  or  amend- 
ments may  be  submitted  to  the  qualified  voters  of  the  house  of  repre- 
sentatives throughout  the  State,  and  if,  upon  comparing  the  votes 
given  in  the  whole  State,  it  shall  appear  that  a  majority  of  the  voters 
voting  thereon  have  approved  thereof,  then,  and  not  otherwise,  the 
same  shall  become  a  part  of  the  constitution. 

Article  XIV 

MISCELLANEOUS 

Section  1.  All  indictments  which  shall  have  been  found,  or  may 
hereafter  be  found,  for  any  crime  or  offence  committed  before  this 
constitution  takes  effect,  may  be  proceeded  upon  in  the  proper  courts, 
but  no  punishment  shall  be  inflicted  which  is  forbidden  by  this  con- 
stitution. 

Sec  2.  No  person  who  shall  hereafter  fight  a  duel,  or  assist  in  the 
same  as  a  second,  or  send,  accept,,  or  knowingly  carry  a  challenge 
therefor,  or  agree  to  go  out  of  this  State  to  fight  a  duel,  shall  hold 
any  office  in  this  State. 

Sec.  3.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law,  and  an  accurate  account  of 
the  receipts  and  expenditures  of  the  public  money  shall  be  annually 
published. 

Sec.  4.  The  general  assembly  shall  provide  by  proper  legislation 
for  giving  to  mechanics  and  laborers  an  adequate  lien  on  the  subject- 
matter  of  their  labor. 

Sec.  5.  In  the  absence  of  any  contrary  provision,  all  officers  in  this 
State,  whether  heretofore  elected  or  appointed  by  the  governor,  shall 
hold  their  positions  only  until  other  appointments  are  made  by  the 
governor,  or,  if  the  officers  are  elective,  until  their  successors  shall 
have  been  chosen  and  duly  qualified,  according  to  the  provisions  of 
this  constitution. 

Sec.  0.  The  seat  of  government  in  this  State  shall  remain  at  the 
city  of  Raleigh. 


2822  North  Carolina— 1876 

Sec.  7.  No  person  shall  hold  more  than  one  lucrative  office  under 
the  State  at  the  same  time:  Provided^  That  officers  in  the  militia,  jus- 
tices of  the  peace,  commissioners  of  public  charities,  and  commission- 
ers appointed  for  special  purposes  shall  not  be  considered  officers 
within  the  meaning  of  this  section. 

Done  in  convention  at  Ealeigh  the  sixteenth  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  sixty-eight,  and 
of  the  Independence  of  the  United  States  the  ninety-second. 

Calvin  J.  Cowles,  President, 

T.  A.  Byrnes,  Secretary. 


CONSTITUTION  OF  NORTH  CAROLINA— 1876  * 
preamble 

We,  the  people  of  the  State  of  North  Carolina,  grateful  to  Al- 
mighty God,  the  Sovereign  Ruler  of  Nations,  for  the  preservation  of 
the  American  Union,  and  the  existence  of  our  civil,  political  and 
religious  liberties,  and  acknowledging  our  dependence  upon  Him  for 
the  continuance  of  those  blessings  to  us  and  our  posterity,  do  for  the 
more  certain  security  thereof,  and  for  the  better  government  of  this 
State,  ordain  and  establish  this  Constitution : 

Article  I 
declaration  or  rights 

That  the  great,  general  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  established,  and  that  the  relations 
of  this  State  to  the  Union  and  Government  of  the  United  States,  and 
those  of  the  people  of  this  State  to  the  rest  of  the  American  people, 
may  be  defined  and  affirmed,  we  do  declare : 

Section  1.  That  we  hold  it  to  be  self-evident  that  all  men  are 
created  equal;  that  they  are  endowed  by  their  Creator  with  certain 
inalienable  rights;  that  among  these  are  life,  liberty,  the  enjoyment 
of  the  fruits  of  their  own  labor,  and  the  pursuit  of  happiness. 

Sec.  2.  That  all  political  power  is  vested  in,  and  derived  from,  the 
people;  all  government  of  right  originates  from  the  people,  is 
founded  upon  their  will  only,  and  is  instituted  solely  for  the  good  of 
the  whole. 

Sec.  3.  That  the  people  of  this  State  have  the  inherent,  sole  and 
exclusive  right  of  regulating  the  internal  government  and  police 
thereof,  and  of  altering  and  abolishing  their  constitution  and  form 
of  government  whenever  it  may  be  necessary  for  their  safety  and  hap- 
piness ;  but  every  such  right  should  be  exercised  in  pursuance  of  law, 
and  consistently  with  the  Constitution  of  the  United  States. 

Sec.  4.  That  this  State  shall  ever  remain  a  member  of  the  American 
Union;  that  the  people  thereof  are  a  part  of  the  American  Nation; 
that  there  is  no  right  on  the  part  of  the  State  to  secede,  and  that  all 
atteippts,  from  whatever  source  or  upon  whatever  pretext,  to  dissolve 

*  Verified  from  official  copy  furnished  by  the  Secretary  of  State  (1907)  ;  no 
title  page;  no  date;  36  pp.     [Editor.] 


North  Carolina— 1876  2823 

said  Union,  or  to  sever  said  Nation,  ought  to  be  resisted  with  the 
whole  power  of  the  State. 

Sec.  5.  That  every  citizen  of  this  State  owes  paramount  allegiance 
to  the  Constitution  and  Government  of  the  United  States,  and  that 
no  law  or  ordinance  of  the  State  in  contravention  or  subversion 
thereof  can  have  any  binding  force. 

Sec.  G.  The  State  shall  never  assume  or  pay,  or  authorize  the  col- 
lection of  any  debt  or  obligation,  express  or  implied,  incurred  in  aid 
of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave;  nor  shall  the  General 
Assembly  assume  or  pay,  or  authorize  the  collection  of  any  tax  to 
pay,  either  directly  or  indirectly,  expressed  or  implied,  any  debt  or 
bond  incurred,  or  issued,  by  authority  of  the  Convention  of  the  year 
one  thousand  eight  hundred  and  sixty-eight,  nor  any  debt  or  bond, 
incurred  or  issued  by  the  Legislature  of  the  year  one  thousand  eight 
hundred  and  sixty-eight,  at  its  special  session  of  the  year  one  thou- 
sand eight  hundred  and  sixty-eight,  or  at  its  regular  sessions  of  the 
years  one  thousand  eight  hundred  and  sixty-eight  and  one  thousand 
eight  hundred  and  sixty-nine  and  one  thousand  eight  hundred  and 
seventy,  except  the  bonds  issued  to  fund  the  interest  on  the  old  debt 
of  the  State,  unless  the  proposing  to  pay  the  same  shall  have  first  been 
submitted  to  the  people  and  by  them  ratified  by  the  vote  of  a  majority 
of  all  the  qualified  voters  of  the  State,  at  a  regular  election  held  for 
that  purpose. 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclusive  or  separate 
emoluments  or  privileges  from  the  community  but  in  consideration 
of  public  services. 

Sec.  8.  The  legislative,  executive  and  supreme  judicial  powers  of 
the  government  ought  to  be  forever  separate  and  distinct  from  each 
other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of  laws,  by 
any  authority,  without  the  consent  of  the  representatives  of  the 
people,  is  injurious  to  their  rights,  and  ought  not  to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free. 

Sec.  11.  In  all  criminal  prosecutions,  every  man  has  the  right  to  be 
informed  of  the  accusation  against  him  and  to  confront  the  accusers 
and  witnesses  wnth  other  testimony,  and  to  have  counsel  for  his 
defence,'  and  not  be  compelled  to  give  evidence  against  himself  or  to 
pay  costs,  jail  fees,  or  necessary  witness  fees  of  the  defence,  unless 
found  guilty. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal  charge, 
except  as  hereinafter  allowed,  but  by  indictment,  presentment  or 
impeachment. 

Sec.  18.  No  person  shall  be  convicted  of  any  crime  but  by  the 
unanimous  verdict  of  a  jury  of  good  and  lawful  men  in  open  court. 
The  Legislature  may,  however,  provide  other  means  of  trial  for  petty 
misdemeanors,  with  the  right  of  appeal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  or  unusual  punishments  inflicted. 

Sec.  15.  General  warrants,  whereby  any  officer  or  messenger  may  be 
commanded  to  search  suspected  places,  without  evidence  of  the  act 
committed,  or  to  seize  any. person  or  persons  not  named,  whose  offence 
is  not  particularly  described  and  supported  by  evidence,  are  danger- 
ous to  liberty  and  ought  not  to  be  granted. 


2824  North  Carolina— 1876 

Sec.  16.  There  shall  be  no  imprisonment  for  debt  in  this  State, 
except  in  cases  of  fraud. 

Sec.  17.  No  person  ought  to  be  taken,  imprisoned,  or  disseized  of 
his  freehold,  liberties  or  privileges,  or  outlawed  or  exiled,  or  in  any 
manner  deprived  of  his  life,  liberty  or  property,  but  by  the  law  of 
the  land. 

Sec.  18.  Every  person  restrained  of  his  liberty  is  entitled  to  a  rem- 
edy to  enquire  into  the  lawfulness  thereof,  and  to  remove  the  same, 
if  unlawful;  and  such  remedy  ought  not  to  be  denied  or  delayed. 

Sec.  19.  In  all  controversies  at  law  respecting  property,  the  ancient 
mode  of  trial  by  jury  is  one  of  the  best  securities  of  the  rights  of  the 
people,  and  ought  to  remain  sacred  and  inviolable. 

Sec.  20.  The  freedom  of  the  press  is  one  of  the  great  bulwarks  of 
liberty,  and  therefore  ought  never  to  be  restrained,  but  every  indi- 
vidual shall  be  held  responsible  for  the  abuse  of  the  same. 

Sec.  21.  The  privileges  of  the  writ  of  habeas  corpus  shall  not  be 
suspended. 

Sec.  22.  As  political  rights  and  privileges  are  not  dependent  upon, 
or  modified  by,  property,  therefore  no  property  qualification  ought 
to  affect  the  right  to  vote  or  hold  office. 

Sec.  23.  The  people  of  the  State  ought  not  to  be  taxed,  or  made 
subject  to  the  payment  of  any  impost  or  duty  without  the  consent  of 
themselves,  or  their  representatives  in  General  Assembly  freely  given. 

Sec.  24.  A  well-regulated  militia  being  necessary  to  the  security  of 
a  free  State,  the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed ;  and,  as  standing  armies  in  time  of  peace  are  dangerous 
to  liberty,  they  ought  not  to  be  kept  up,  and  the  military  should  be 
kept  under  strict  subordination  to,  and  governed  by,  the  civil  power. 
Nothing  herein  contained  shall  justify  the  practice  of  carrying  con- 
cealed weapons,  or  prevent  the  Legislature  from  enacting  penal  stat- 
utes against  said  practice. 

Sec.  25.  The  people  have  a  right  to  assemble  together  to  consult  for 
their  comomn  good,  to  instruct  their  representatives,  and  to  apply  to 
the  Legislature  for  redress  of  grievances.  But  secret  political  socie- 
ties are  dangerous  to  the  liberties  of  a  free  people,  and  should  not  be 
tolerated. 

Sec.  26.  All  men  have  a  natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  ow^n  consciences,  and 
no  human  authority  should,  in  any  case  whatever,  control  or  inter- 
fere with  the  rights  of  conscience. 

Sec.  27.  The  people  have  the  right  to  the  privilege  of  education, 
and  it  is  the  duty  of  the  State  to  guard  and  maintain  that  right. 

Sec.  28.  For  redress  of  grievances,  and  for  amending  and  strength- 
ening the  laws,  elections  should  be  often  held. 

Sec.  29.  A  frequent  recurrence  to  fundamental  principles  is  abso- 
lutely necessary  to  preserve  the  blessings  of  liberty. 

Sec.  30.  No  hereditary  emoluments,  privileges  or  honors  ought  to 
be  granted  or  conferred  m  this  State. 

Sec.  31.  Perpetuities  and  monopolies  are  contrary  to  the  genius  of 
a  free  State,  and  ought  not  to  be  allowed. 

Sec.  32.  Retrospective  laws,  punishing  acts  committed  before  the 
existence  of  such  laws,  and  by  them  only  declared  criminal  are  op- 
pressive, unjust  and  incompatible  with  liberty;  w^herefore  no  ex  post 


North  Carolina— 1876  2825 

faeto  law  ought  to  be  made.  No  law  taxing  retrospectively  sales, 
purchases,  or  other  acts  previously  done,  ought  to  be  passed. 

Sec.  33.  Slavery  and  involuntary  servitude,  otherwise  than  for 
crime,  whereof  the  parties  shall  have  been  duly  convicted,  shall  be 
and  are  hereby  forever  prohibited  within  the  State. 

Sec.  34.  The  limits  and  boundaries  of  the  State  shall  be  and  re- 
main as  they  now  are. 

Sec.  35.  All  courts  shall  be  open;  and  everjr  person  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation,  shall  have  remedy 
by  due  course  of  law,  and  right  and  justice  administered  without  sale, 
denial  or  delay. 

Sec.  36.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner ;  nor  in  time  of  war,  but  in  a 
manner  prescribed  by  law. 

Sec.  37.  This  enumeration  of  rights  shall  not  be  construed  to  im- 
pair or  deny  others  retained  by  the  people;  and  all  powers  not  herein 
delegated  remain  with  the  people. 

Article  II 
legislative  department 

Section  1.  The  legislative  authority  shall  be  vested  in  two  distinct 
branches,  both  dependent  on  the  people,  to-wit,  a  Senate  and  House  of 
Representatives. 

Sec.  2.  The  Senate  and  House  of  Representatives  shall  meet  bien- 
nially on  the  first  Wednesday  after  the  first  Monday  in  January  next 
fifter  their  election;  and,  when  assembled,  shall  be  denominated  the 
General  Assembly.  Neither  House  shall  proceed  upon  public  busi- 
ness unless  a  majority  of  all  the  members  are  actually  present. 

Sec.  3.  The  Senate  shall  be  composed  of  fifty  Senators,  biennially 
chosen  by  ballot. 

Sec.  4.  The  Senate  Districts  shall  be  so  altered  by  the  General 
Assembly,  at  the  first  session  after  the  return  of  every  enumeration  by 
order  of  Congress,  that  each  Senate  District  shall  contain,  as  near  as 
may  be,  an  equal  number  of  inhabitants,  excluding  aliens  and  Indians 
not  taxed,  and  shall  remain  unaltered  until  the  return  of  another  enu- 
meration, and  shall  at  all  times  consist  of  contiguous  territory;  and 
no  county  shall  be  divided  in  the  formation  of  a  Senate  District, 
unless  such  county  shall  be  equitably  entitled  to  two  or  more  Senators. 

Sec.  5.  The  House  of  Representatives  shall  be  composed  of  one 
hundred  and  twenty  Representatives,  biennially  chosen  by  ballot,  to 
be  elected  by  the  counties  respectively,  according  to  their  popula- 
tion, and  each  county  shall  have  at  least  one  representative  in  the 
House  of  Representatives,  although  it  may  not  contain  the  requisite 
ratio  of  representation;  this  apportionment  shall  be  made  by  the 
General  Assembly  at  the  respective  times  and  periods  when  the  Dis- 
tricts of  the  Senate  are  hereinbefore  directed  to  be  laid  off. 

Sec.  6.  In  making  the  apportionment  in  the  House  of  Representa- 
tives, the  ratio  of  representation  shall  be  ascertained  by  dividing  the 
amount  of  the  population  of  the  State,  exclusive  of  that  compre- 
hended within  those  counties,  which  do  not  severally  contain  the  one 
hundred  and  twentieth  part  of  the  population  of  the  State,  by  the 


2826  Ncyrth  Carolina— 1876 

number  of  Representatives,  less  the  number  assigned  to  such  counties ; 
and  in  ascertaining  the  number  of  the  population  of  the  State,  aliens 
and  Indians  not  taxed  shall  not  be  included.  To  each  county  con- 
taining the  said  ratio  and  not  twice  the  said  ratio,  there  shall  be 
assigned  one  Representative;  to  each  county  containing  two  but  not 
three  times  the  said  ratio,  there  shall  be  assigned  two  Representa- 
tives, and  so  on  progressively,  and  then  the  remaining  Representa- 
tives shall  be  assigned  severally  to  the  counties  having  the  largest 
fractions. 

Sec.  T.  Each  member  of  the  Senate  shall  not  be  less  than  twenty- 
five  years  of  age,  shall  have  resided  in  the  State  as  a  citizen  two 
years,  and  shall  have  usually  resided  in  the  District  for  which  he  is 
chosen,  one  year  immediately  preceding  his  election. 

Sec.  8.  Each  member  of  the  House  of  Representatives  shall  be  a 
qualified  elector  of  the  State,  and  shall  have  resided  in  the  county  for 
which  he  is  chosen,  for  one  year  immediately  preceding  his  election. 

Sec.  9.  In  the  election  of  all  officers,  whose  appointment  shall  be 
conferred  upon  the  General  Assembly  by  the  Constitution,  the  vote 
shall  be  viva  voce. 

Sec.  10.  The  General  Assembly  shall  have  the  power  to  pass  gen- 
eral laws  regulating  divorce  and  alimony,  but  shall  not  have  power 
to  grant  a  divorce  or  secure  alimony  in  any  individual  case. 

Sec.  11.  The  General  Assembly  shall  not  have  power  to  pass  any 
private  law  to  alter  the  name  of  any  person,  or  to  legitimate  any 
person  not  born  in  lawful  wedlock,  or  to  restore  to  the  rights  of 
citizenship  any  person  convicted  of  an  infamous  crime,  but  shall  have 
power  to  pass  general  laws  regulating  the  same. 

Sec.  12.  The  General  Assembly  shall  not  pass  an^^  private  law, 
unless  it  shall  be  made  to  appear  that  thirty  days'  notice  of  applica- 
tion to  pass  such  a  law  shall  have  been  given,  under  such  direction 
and  in  such  manner  as  shall  be  provided  by  law. 

Sec.  13.  If  vacancies  shall  occur  in  the  General  Assembly  by  death, 
resignation  or  otherwise,  writs  of  election  shall  be  issued  by  the  Gov- 
ernor under  such  regulations  as  may  be  prescribed  by  law. 

Sec.  14.  No  law  shall  be  passed  to  raise  money  on  the  credit  of  the 
State,  or  to  pledge  the  faith  of  the  State,  directly  or  indirectly,  for 
the  payment  of  any  debt,  or  to  impose  any  tax  upon  the  people  of  the 
State,  or  allow  the  counties,  cities  or  towns  to  do  so,  unless  the  bill 
for  the  purpose  shall  have  been  read  three  several  times  in  each  House 
of  the  General  Assembly  and  passed  three  several  readings,  w^hich 
readings  shall  have  been  on  three  different  days,  and  agreed  to  by 
each  House  respectively,  and  unless  the  yeas  and  nays  on  the  second 
and  third  readings  of  the  bill  shall  have  been  entered  on  the  journal. 

Sec.  15.  The  General  Assembly  shall  regulate  entails  in  such  man- 
ner as  to  prevent  perpetuities. 

Sec.  16.  Each  House  shall  keep  a  journal  of  its  proceedings,  which 
shall  be  printed  and  made  public  immediately  after  the  adjournment 
of  the  General  Assembly. 

Sec.  it.  Any  member  of  either  House  may  dissent  from  and  pro- 
test against  any  act  or  resolve,  which  he  may  think  injurious  to  the 
public,  or  any  individual,  and  have  the  reasons  of  his  dissent  entered 
on  the  journal. 

Sec.  18.  The  House  of  Representatives  shall  choose  their  own 
Speaker  and  other  officers. 


North  Carolina— 1876  2827 

Sec.  19.  The  Lieutenant-Governor  shall  preside  in  the  Senate,  but 
shall  have  no  vote  unless  it  may  be  equally  divided. 

Sec.  20.  The  Senate  shall  choose  its  other  officers  and  also  a  Speaker 
{pro  tempore)  in  the  absence  of  the  Lieutenant-Governor,  or  when  he 
shall  exercise  the  office  of  Governor. 

Sec.  21.  The  style  of  the  acts  shall  be :  "  The  General  Assembly  of 
North  Carolina  do  enact." 

Sec.  22.  Each  House  shall  be  judge  of  the  qualifications  and  elec- 
tion of  its  own  members,  shall  sit  upon  its  own  adjournment  from  day 
to  day,  prepare  bills  to  be  passed  into  laws ;  and  the  two  Houses  may 
also  jointly  adjourn  to  any  future  day  or  other  place. 

Sec.  23.  All  bills  and  resolutions  of  a  legislative  nature  shall  be 
read  three  times  in  each  House,  before  they  pass  into  laws ;  and  shall 
be  signed  by  the  presiding  officer  of  both  Houses. 

Sec.  24.  Each  member  of  the  General  Assembly,  before  taking  his 
seat,  shall  take  an  oath  or  affirmation  that  he  will  support  the  Con- 
stitution and  laws  of  the  United  States,  and  the  Constitution  of  the 
State  of  North  Carolina,  and  will  faithfully  discharge  his  duty  as  a 
member  of  the  Senate  or  House  of  Representatives. 

Sec.  25.  The  terms  of  office  for  Senator  and  members  of  the  House 
of  Representatives  shall  commence  at  the  time  of  their  election. 

Sec.  26.  Upon  motion  made  and  seconded  in  either  house  by  one- 
fifth  of  the  members  present,  the  yeas  and  nays  upon  any  question 
shall  be  taken  and  entered  upon  the  journals. 

Sec.  27.  The  election  for  members  of  the  General  Assembly  shall 
be  held  for  the  respective  districts  and  counties,  at  the  places  where 
they  are  now  held,  or  may  be  directed  hereafter  to  be  held,  in  such 
manner  as  may  be  prescribed  by  law,  on  the  first  Thursday  in  August, 
in  the  year  one  thousand  eight  hundred  and  seventy,  and  every  two 
years  thereafter.  But  the  General  Assembly  may  change  the  time 
of  holding  the  elections. 

Sec.  28.  The  members  of  the  General  Assembly  for  the  term  for 
which  they  have  been  elected  shall  receive  as  a  compensation  for  their 
services  the  sum  of  four  dollars  per  day  for  each  day  of  their  session, 
for  a  period  not  exceeding  sixty  days;  and  should. they  remain  longer 
in  session,  they  shall  serve  without  compensation.  They  shall  also 
be  entitled  to  receive  ten  cents  per  mile,  both  while  coming  to  the  seat 
of  government  and  while  returning  home,  the  said  distance  to  be 
computed  by  the  nearest  line  or  route  of  public  travel.  The  compen- 
sation of  the  presiding  officers  of  the  two  Houses  shall  be  six  dollars 
per  day  and  mileage.  Should  an  extra  session  of  the  General  As- 
sembly be  called,  the  members  and  presiding  officers  shall  receive  a 
like  rate  of  compensation  for  a  period  not  exceeding  twenty  days. 

Article  III 

EXECUTIVE   DEPARTMENT 

Section  1.  The  Executive  Department  shall  consist  of  a  Governor, 
in  whom  shall  be  vested  the  supreme  executive  power  of  the  State,  a 
Lieutenant-Governor,  a  Secretary  of  State,  an  Auditor,  a  Treasurer, 
a  Superintendent  of  Public  Instruction,  and  an  Attorney-General, 
who  shall  be  elected  for  a  term  of  four  years  by  the  qualified  electors 
of  the  State,  at  the  same  time  and  places  and  in  the  same  manner  as 


2828  North  Carolina— 1876 

members  of  the  General  Assembly  are  elected.  Their  term  of  office 
shall  commence  on  the  first  day  of  January  next  after  their  election, 
and  continue  until  their  successors  are  elected  and  qualified:  Pro- 
vided^ that  the  officers  first  elected  shall  assume  the  duties  of  their 
office  ten  days  after  the  approval  of  this  Constitution  by  the  Congress 
of  the  United  States,  and  shall  hold  their  offices  four  years  from  and 
after  the  first  day  of  January. 

Sec.  2.  No  person  shall  be  eligible  as  Governor  or  Lieutenant-Gov- 
ernor unless  he  shall  have  attained  the  age  of  thirty  years,  shall  have 
been  a  citizen  of  the  United  States  five  years,  and  shall  have  been  a 
resident  of  this  State  for  two  years  next  before  the  election ;  nor  shall 
the  person  elected  to  either  of  these  two  offices  be  eligible  to  the  same 
office  more  than  four  years  in  any  term  of  eight  3^ears,  unless  the 
office  shall  have  been  cast  upon  him  as  Lieutenant-Governor  or  Presi- 
dent of  the  Senate. 

Sec.  3.  The  return  of  every  election  for  officers  of  the  Executive 
Department  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  directed  to  the  Speaker  of  the  House 
of  Eepresentatives,  who  shall  open  and  publish  the  same  in  the  pres- 
ence of  a  majority  of  the  members  of  both  Houses  of  the  General 
Assembly.  The  person  having  the  highest  ninnber  of  votes  respec- 
tively shall  be  declared  duly  elected ;  but  if  two  or  more  be  equal  and 
highest  in  votes  for  the  same  office,  the  one  of  them  shall  be  chosen 
by  joint  ballot  of  both  Houses  of  the  General  Assembly.  Contested 
elections  shall  be  determined  by  a  joint  ballot  of  both  Houses  of  the 
General  Assembly  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  Governor,  before  entering  upon  the  duties  of  his  office 
shall,  in  the  presence  of  the  members  of  both  branches  of  the  General 
Assembly,  or  before  any  Justice  of  the  Supreme  Court,- take  an  oath 
or  affirmation  that  he  will  support  the  Constitution  and  laws  of  the 
United  States,  and  of  the  State  of  North  Carolina,  and  that  he  will 
faithfully  perform  the  duties  appertaining  to  the  office  of  Governor, 
to  which  he  has  been  elected. 

Sec.  5.  The  Governor  shall  reside  at  the  seat  of  government  of  this 
State,  and  he  shall,  from  time  to  time,  give  the  General  Assembly 
information  of  the  affairs  of  the  State,  and  recommend  to  their  con- 
sideration such  measures  as  he  shall  deem  expedient. 

Sec.  6.  The  Governor  shall  have  powder  to  grant  reprieves,  commu- 
tations and  pardons,  after  conviction,  for  all  offences  (except  in  cases 
of  impeachment),  upon  such  conditions  as  he  may  think  proper, 
subject  to  such  regulations  as  may  be  provided  by  law  relative  to  the 
manner  of  applying  for  pardons.  He  shall  biennially  communicate 
to  the  General  Assembly  each  case  of  reprieve,  commutation  or  par- 
don granted,  stating  the  name  of  each  convict,  the  crime  for  which  he 
was  convicted,  the  sentence  and  its  date,  the  date  of  the  commutation, 
pardon  or  reprieve  and  the  reasons  therefor. 

Sec.  7.  The  officers  of  the  Executive  Department  and  of  the  public 
institutions  of  the  State,  shall  at  least  five  days  previous  to  each  regu- 
lar session  of  the  General  Assembly,  severally  report  to  the  Gov- 
ernor, who  shall  transmit  such  reports  with  his  message  to  the  Gen- 
eral Assembly ;  and  the  Governor  may,  at  any  time,  require  informa- 
tion in'  writing  from  the  officers  in  the  Executive  Department  upon 
any  subject  relating  to  the  duties  of  their  respective  offices,  and  shall 
take  care  that  the  laws  be  faithfully  executed. 


I 


North  Carolina— 1876  2829 

Sec.  8.  The  Governor  shall  be  Commander-in-Chief  of  the  militia 
of  the  State,  except  when  they  shall  be  called  into  the  service  of  the 
United  States. 

Sec.  9.  The  Governor  shall  have  power,  on  extraordinary  occasions, 
by  and  with  the  advice  of  the  Council  of  State,  to  convene  the  Gen- 
eral Assembly  in  extra  session  by  his  proclamation,  stating  therein 
the  purpose  or  purposes  for  which  they  are  thus  convened. 

Sec.  10.  The  Governor  shall  nominate  and,  by  and  with  the  advice 
and  consent  of  a  majority  of  the  Senators-elect,  appoint  all  officers 
whose  offices  are  established  by  this  Constitution  and  whose  appoint- 
ments are  not  otherwise  provided  for. 

Sec.  11.  The  Lieutenant-Governor  shall  be  president  of  the  Senate, 
but  shall  have  no  vote  unless  the  Senate  be  equally  divided.  He  shall, 
whilst  acting  as  President  of  the  Senate,  receive  for  his  services  the 
same  pay  which  shall,  for  the  same  period,  be  allowed  to  the  Speaker 
of  the  House  of  Representatives;  and  he  shall  receive  no  other  com- 
pensation except  when  he  is  acting  as  Governor.     ' 

Sec.  12.  In  case  of  the  impeachment  of  the  Governor,  his  failure  to 
qualify,  his  absence  from  the  State,  his  inability  to  discharge  the 
duties  of  his  office,  or,  in  case  the  office  of  Governor  shall  in  anywise 
become  vacant,  the  powers,  duties  and  emoluments  of  the  office  shall 
devolve  upon  the  Lieutenant-Governor  until  the  disability  shall  cease, 
or  a  new  Governor  shall  be  elected  and  qualified.  In  every  case  in 
Avhich  the  Lieutenant-Governor  shall  be  unable  to  preside  over  the 
Senate,  the  Senators  shall  elect  one  of  their  own  number  President  of 
their  body;  and  the  powers,  duties  and  emoluments  of  the  office  of 
Governor  shall  devolve  upon  him  whenever  the  Lieutenant-Governor 
shall,  for  any  reason,  be  prevented  from  discharging  the  duties  of 
such  office  as  above  provided,  and  he  shall  continue  as  acting  Governor 
until  the  disabilities  are  removed,  or  a  new  Governor  or  Lieutenant- 
(jovernor  shall  be  elected  and  qualified.  "Whenever,  during  the  recess 
of  the  General  Assembly,  it  shall  become  necessary  for  the  President 
of  the  Senate  to  administer  the  government,  the  Secretary  of  State 
shall  convene  the  Senate,  that  they  may  select  such  President. 

Sec.  13.  The  respective  duties  of  the  Secretary  of  State,  Auditor, 
Treasurer,  Superintendent  of  Public  Instruction,  and  Attorney-Gen- 
eral shall  be  prescribed  by  law.  If  the  office  of  any  of  said  officers 
shall  be  vacated  by  death,  resignation  or  otherwise,  it  shall  be  the 
duty  of  the  Governor  to  appoint  another  until  the  disability  be  re- 
moved or  his  successor  be  elected  and  qualified.  Every  such  vacancy 
shall  be  filled  by  election  at  the  first  general  election  that  occurs  more 
than  thirty  days  after  the  vacancy  has  taken  place,  and  the  person 
chosen  shall  hold  the  office  for  the  remainder  of  the  unexpired  term 
fixed  in  the  first  section  of  this  article. 

Sec.  14.  The  Secretary  of  State,  Auditor,  Treasurer  and  Superin- 
tendent of  Public  Instruction  shall  constitute,  ex  officio^  the  Council 
of  State,  who  shall  advise  the  Governor  in  the  execution  of  his  office, 
and  three  of  whom  shall  constitute  a  quorum.  Their  advice  and  pro- 
ceedings in  this  capacity  shall  be  entered  in  a  journal  to  be  kept  for 
this  purpose  exclusively,  and  signed  by  the  members  present,  from 
any  part  of  which  any  member  may  enter  his  dissent;  and  such  jour- 
nal shall  be  placed  before  the  General  Assembly  when  called  for  by 
either  House.  The  Attorney-General  shall  be,  ex  officio^  the  legal 
adviser  of  the  Executive  Department. 


2830  NoHh  Carolina— 1876 

Sec.  15.  The  officers  mentioned  in  this  article,  shall,  at  stated 
periods,  receive  for  their  services  a  compensation  to  be  established  by 
law,  which  shall  neither  be  increased  nor  diminished  during  the  time 
for  which  they  shall  have  been  elected,  and  the  said  officers  shall 
receive  no  other  emolument  or  allowance  whatever. 

Sec.  16.  There  shall  be  a  seal  of  the  State,  which  shall  be  kept  by 
the  Governor,  and  used  by  him  as  occasion  mav  require,  and  shall  be 
called  "  The  Great  Seal  o*f  the  State  of  North  Carolina."  All  grants 
and  commissions  shall  be  issued  in  the  name  and  by  the  authority  of 
the  State  of  North  Carolina,  sealed  with  "  The  Great  Seal  of  the 
State,"  signed  by  the  Governor  and  countersigned  by  the  Secretary 
of  State. 

Sec.  17.  The  General  Assembly  shall  establish  a  Department  of 
Agriculture,  Immigration  and  Statistics,  under  such  regulations  as 
may  best  promote  the  agricultural  interests  of  the  State,  and  shall 
enact  laws  for  the  adequate  protection  and  encouragement  of  sheep 
husbandry. 

Article  IV 

JUDICIAL   department 

Section  1.  The  distinctions  between  actions  at  law  and  suits  in 
equity,  and  the  forms  of  all  such  actions  and  suits,  shall  be  abolished : 
and  there  shall  be  in  this  State  but  one  form  of  action  for  the  enforce- 
ment or  protection  of  private-  rights  or  the  redress  of  private  Avrongs, 
which  shall  be  denominated  a  civil  action;  and  every  action  prose- 
cuted by  the  people  of  the  State  as  a  party  against  a  person  charged 
with  a  public  offense,  for  the  punishment  of  the  same,  shall  be  termed 
a  criminal  action.  Feigned  issues  shall  also  be  abolished,  and  the 
fact  at  issue  tried  by  order  of  Court  before  a  jury. 

Sec;  2.  The  judicial  power  of  the  State  shall  be  vested  in  a  court 
for  the  trial  of  Impeachments,  a  Supreme  Court,  Superior  Courts, 
Courts  of  Justice  of  the  Peace,  and  such  other  Courts  inferior  to  the 
Supreme  Court  as  may  be  established  by  law. 

Sec.  3.  The  Court  for  the  trial  of  Impeachments  shall  be  the  Sen- 
ate. A  majority  of  the  members  shall  be  necessary  to  a  quorum,  and 
the  judgment  shall  not  extend  beyond  removal  from,  and  disqualifi- 
cation to  hold,  office  in  this  State;  but  the  party  shall  be  liable  to 
indictment  and  punishment  according  to  law. 

Sec.  4.  The  House  of  Representatives  solely  shall  have  the  power 
of  impeaching.  No  person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  Senators  present.  When  the  Governor  is 
impeached,  the  Chief  Justice  shall  preside. 

Sec.  5.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  adhermg  to  its  enemies,  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  overt  act,  or  on  confession  in  open  Court.  No  con- 
viction of  treason  or  attainder  shall  work  corruption  of  blood  or 
forfeiture. 

Sec.  6.  The  Supreme  Court  shall  consist  of  a  Chief  Justice  and 
four  Associate  Justices. 

Sec.  7.  The  terms  of  the  Supreme  Court  shall  be  held  in  the  city 
of  Raleigh,  as  now,  unless  otherwise  provided  by  the  General  As- 
sembly. 


Ncrrth  Carolina— -1876  2831 

Sec.  8.  The  Supreme  Court  shall  have  jurisdiction  to  review,  upon 
appeal,  any  decision  of  the  Courts  below,  upon  any  matter  of  law  or 
legal  inference.  And  the  jurisdiction  of  said  Court  over  "  issues  of 
fact "  and  "  questions  of  fact "  shall  be  the  same  exercised  by  it  be- 
fore the  adoption  of  the  Constitution  of  one  thousand  eight  hundred 
and  sixty-eight,  and  the  Court  shall  have  the  power  to  issue  any 
remedial  writs  necessary  to  give  it  a  general  supervision  and  control 
over  the  proceedings  of  the  inferior  Courts. 

Sec.  9.  The  Supreme  Court  shall  have  original  jurisdiction  to  hear 
claims  against  the  State,  but  its  decisions  shall  be  merely  recommend- 
atory ;  no  process  in  the  nature  of  execution  shall  issue  thereon ;  they 
shall  be  reported  to  the  next  session  of  the  General  Assembly  for  its 
action. 

Sec.  10.  The  State  shall  be  divided  into  nine  judicial  districts,  for 
each  of  which  a  judge  shall  be  chosen;  and  there  shall  be  held  a 
'Superior  Court  in  each  county  at  least  twice  in  each  year,  to  continue 
for  such  time  in  each  county  as  may  be  prescribed  by  law.  But  the 
General  Assembly  may  reduce  or  increase  the  number  of  districts. 

Sec.  11.  Every  Judge  of  the  Superior  Court  shall  reside  in  the  dis- 
trict for  which  he  is  elected.  The  Judges  shall  preside  in  the  Courts 
of  the  different  districts  successively,  but  no  Judge  shall  hold  the 
Courts  in  the  same  district  oftener  than  once  in  four  years;  but  in  case 
of  the  protracted  illness  of  the  Judge  assigned  to  preside  in  any  dis- 
trict, or  of  any  other  unavoidable  accident  to  him,  by  reason  of  which 
he  shall  be  unable  to  preside,  the  Governor  may  require  any  Judge 
to  hold  one  or  more  specified  terms  in  said  district,  in  lieu  of  the 
Judge  assigned  to  hold  the  Courts  of  the  said  district. 

Sec.  12.  The  General  Assembly  shall  have  no  power  to  deprive  the 
Judicial  Department  of  any  power  or  jurisdiction  which  rightfully 
pertains  to  it  as  a  co-ordinate  department  of  the  government ;  but  the 
General  Assembly  shall  allot  and  distribute  that  portion  of  this  power 
and  jurisdiction  which  does  not  pertain  to  the  Supreme  Court,  among 
the  other  Courts  prescribed  in  this  Constitution  or  which  may  be 
established  by  law,  in  such  manner  as  it  may  deem  best ;  provide  also 
a  proper  system  of  appeals,  and  regulate  by  law,  when  necessary,  the 
methods  of  proceeding  in  the  exercise  oi  their  powers,  of  all  the 
Courts  below  the  Supreme  Court,  so  far  as  the  same  may  be  done 
without  conflict  with  other  provisions  of  this  Constitution. 

Sec.  13.  In  all  issues  of  fact,  joined  in  any  Court,  the  parties  may 
waive  the  right  to  have  the  same  determined  by  a  jury,  in  which  case 
the  finding  of  the  Judge  upon  the  facts  shall  have  the  force  and  effect 
of  a  verdict  by  a  jury. 

Sec.  14.  The  General  Assembly  shall  provide  for  the  establishment 
of  Special  Courts,  for  the  trial  of  misdemeanors,  in  cities  and  towns 
where  the  same  may  be  necessary. 

Sec.  15.  The  Clerk  of  the  Supreme  Court  shall  be  appointed  by  the 
Court,  and  shall  hold  his  office  for  eight  years. 

Sec.  16.  A  Clerk  of  the  Superior  Court  for  each  county  shall  be 
elected  by  the  qualified  voters  thereof,  at  the  time  and  in  the  mannei* 
prescribed  by  law  for  the  election  of  members  of  the  General 
Assembly. 

Sec.  17.  Clerks  of  the  Superior  Courts  shall  hold  their  offices  for 
four  years. 


2832  North  Carolina— 1876 

Sec.  18.  The  General  Assembly  shall  prescribe  and  regulate  the 
fees,  salaries  and  emoluments  of  all  officers  provided  for  in  this  arti- 
cle; but  the  salaries  of  the  Judges  shall  not  be  diminished  during 
their  continuance  in  office. 

Sec.  19.  The  laws  of  North  Carolina,  not  repugnant  to  this  Consti- 
tution, or  the  Constitution  and  laws  of  the  United  States,  shall  be  in 
force  until  lawfully  altered. 

Sec.  20.  Actions  at  law,  and  suits  in  equity,  pending  when  this 
Constitution  shall  go  into  effect,  shall  be  transferred  to  the  Courts 
having  jurisdiction  thereof,  without  prejudice  by  reason  of  the 
change;  and  all  such  actions  and  suits  commenced  before,  and  pend- 
ing at  the  adoption  by  the  General  Assembly  of  the  rules  of  practice 
and  procedure  herein  provided  for,  shall  be  heard  and  determined 
according  to  the  practice  now  in  use,  unless  otherwise  provided  for  by 
said  rules. 

Sec.  21.  The  Justices  of  the  Supreme  Court  shall  be  elected  by  the 
qualified  voters  of  the  State,  as  is  provided  for  the  election  of  mem- 
bers of  the  General  Assembly.  They  shall  hold  their  offices  for  eight 
years.  The  Judges  of  the  Superior  Courts,  elected  at  the  first  elec- 
tion under  this  amendment,  shall  be  elected  in  like  manner  as  is  pro- 
vided for  Justices  of  the  Supreme  Court,  and  shall  hold  their  offices 
for  eight  years.  The  General  Assembly  may,  from  time  to  time,  pro- 
vide by  law  that  the  Judges  of  the  Superior  Courts,  chosen  at  suc- 
ceeding elections,  instead  of  being  elected  by  the  voters  of  the  whole 
State,  as  is  herein  provided  for,  shall  be  elected  by  the  voters  of  their 
respective  districts. 

Sec.  22.  The  Superior  Court  shall  be  at  all  times  open  for  the  trans- 
action of  all  business  within  their  jurisdiction,  except  the  trial  of 
issues  of  fact  requiring  a  jury. 

Sec.  23.  A  Solicitor  shall  be  elected  for  each  Judicial  District  by 
the  qualified  voters  thereof,  as  is  prescribed  for  members  of  the  Gen- 
eral Assembly,  who  shall  hold  office  for  the  term  of  four  years,  and 
prosecute  on  behalf  of  the  State,  in  all  criminal  actions  in  the  Supe- 
rior Courts,  and  advise  the  officers  of  justice  in  his  district. 

Sec.  24.  In  each  county  a  Sheriff  and  Coroner  shall  be  elected  by 
the  qualified  voters  thereof,  as  is  prescribed  for  members  of  the  Gen- 
eral Assembly,  and  shall  hold  their  offices  for  two  years.  In  each 
township  there  shall  be  a  Constable  elected  in  like  manner  by  the 
voters  thereof,  who  shall  hold  his  office  for  two  years.  When  there 
is  no  Coroner  in  a  county,  the  Clerk  of  the  Superior  Court  for  the 
county  may  appoint  one  for  special  cases.  In  case  of  a  vacancy 
existing  for  any  cause  in  any  of  the  offices  created  by  this  section, 
the  Commissioners  of  the  county  may  appoint  to  such  office  for  the 
unexpired  term. 

Sec.  25.  All  vacancies  occurring  in  the  offices  provided  for  by  this 
Article  of  the  Constitution  shall  be  filled  by  the  appointment  of  the 
Governor,  unless  otherwise  provided  for,  and  the  appointees  shall 
hold  their  places  until  the  next  regular  election  for  members  of  the 
General  Assembly,  when  elections  shall  be  held  to  fill  such  offices. 
If  any  person,  elected  or  appointed  to  any  of  said  offices,  shall  neglect 
and  fail  to  qualify,  such  offices  shall  be  appointed  to,  held  and  filled 
as  provided  in  case  of  vacancies  occurring  therein.  All  incumbents 
of  said  office  shall  hold  until  their  successors  are  qualified. 


North  Carolina— 1876  2833 

Sec.  26.  The  officers  elected  at  the  first  election  held  under  this 
Constitution  shall  hold  their  offices  for  the  terms  prescribed  for  them 
respectively,  next  ensuing  after  the  next  regular  election  for  mem- 
bers of  the  General  Assembly.  But  their  terms  shall  begin  upon  the 
approval  of  this  Constitution  by  the  Congress  of  the  United  States. 

Sec.  27.  The  several  Justices  of  the  Peace  shall  have  jurisdiction, 
under  such  regulations  as  the  General  Assembly  shall  prescribe,  of 
civil  actions,  founded  on  contract,  wherein  the  sum  demanded  shall 
not  exceed  two  hundred  dollars,  and  wherein  the  title  to  real  estate 
shall  not  be  in  controversy ;  and  of  all  criminal  matters  arising  within 
their  counties  where  the  punishment  cannot  exceed  a  fine  of  fifty  dol- 
lars or  imprisonment  for  thirty  days.  And  the  General  Assembly 
may  give  to  Justices  of  the  Peace  jurisdiction  of  other  civil  actions, 
Avherein  the  value  of  the  property  in  controversy  does  not  exceed  fifty 
dollars.  When  an  issue  of  fact  shall  be  joined  before  a  Justice,  on 
demand  of  either  party  thereto,  he  shall  cause  a  jury  of  six  men  to 
be  summoned,  who  sliall  try  the  same.  The  party  against  whom 
judgment  shall  be  rendered  in  any  civil  action,  may  appeal  to  the 
Superior  Court  from  the  same.  In  all  cases  of  a  criminal  nature,  the 
party  against  whom  judgment  is  given  may  appeal  to  the  Superior 
Court,  where  the  matter  shall  be  heard  anew.  In  all  cases  brought 
before  a  justice,  he  shall  make  a  record  of  the  proceedings  and  file 
same  with  the  Clerk  of  the  Superior  Court  for  his  county. 

Sec.  28.  When  the  office  of  Justice  of  the  Peace  shall  become  vacant 
otherwise  than  by  expiration  of  the  term,  and  in  case  of  a  failure  by 
the  voters  of  any  district  to  elect,  the  Clerk  of  the  Superior  Court 
for  the  county  shall  appoint  to  fill  the  vacancy  for  the  imexpired 
term. 

Sec.  29.  In  case  the  office  of  Clerk  of  a  Superior  Court  for  a  county 
shall  become  vacant  otherwise  than  by  the  expiration  of  the  term,  and 
in  case  of  a  failure  by  the  people  to  elect,  the  Judge  of  the  Superior 
Court  for  the  county  shall  appoint  to  fill  the  vacancy  until  an  election 
can  be  regularly  held. 

Sec.  30.  In  case  the  General  Assembly  shall  establish  other  Courts 
inferior  to  the  Supreme  Court,  the  presiding  officers  and  clerks 
thereof  shall  be  elected  in  such  manner  as  the  General  Assembly  may 
from  time  to  time  prescribe,  and  they  shall  hold  their  offices  for  a 
term  not  exceeding  eight  years. 

Sec.  31.  Any  Judge  of  the  Supreme  Court  or  of  the  Superior 
Courts,  and  the  presiding  officers  of  such  Courts  inferior  to  the  Su- 
j)reme  Court  as  may  be  established  by  law,  may  be  removed  from 
office  for  mental  or  physical  inability,  upon  a  concurrent  resolution 
of  two-thirds  of  both  Houses  of  the  General  Assembly.  The  Judge 
'  or  i)residing  officer,  against  whom  the  General  Assembly  may  be  about 
to  proceed,  shall  receive  notice  thereof,  accompanied  by  a  copy  of 
the  causes  alleged  for  his  removal,  at  least  twenty  days  before  the 
day  on  which  either  House  of  the  General  Assembly  shall  act  thereon. 

Sec.  32.  Any  Clerk  of  the  Supreme  Court,  or  of  the  Superior 
Courts,  or  of  such  Courts  inferior  to  the  Supreme  Court  as  may  be 
established  by  law,  may  be  removed  from  office  for  mental  or  physical 
inability;  the  Clerk  of  the  Supreme  Court  by  the  Judges  of  said 
Court,  the  Clerks  of  the  Superior  Courts  by  the  Judge  riding  the 
district,  and  the  Clerks  of  such  Courts  inferior  to  the  Supreme  Court 


2834  North  Carolina— 1876 

as  may  be  established  by  law  by  the  presiding  officers  of  said  Courts. 
The  Clerk  against  whom  proceedings  are  instituted  shall  receive  no- 
tice thereof,  accompanied  by  a  copy  of  the  causes  alleged  for  his 
removal,  at  least  ten  days  before  the  day  appointed  to  act  thereon, 
and  the  Clerk  shall  be  entitled  to  an  appeal  to  the  next  term  of  the 
Superior  Court,  and  thence  to  the  Supreme  Court  as  provided  in  other 
cases  of  appeals. 

Sec.  33.  The  amendments  made  to  the  Constitution  of  North  Caro- 
lina by  this  Convention  shall  not  have  the  effect  to  vacate  any  office 
or  term  of  office  now  existing  under  the  Constitution  of  the  State  and 
filled  or  held  by  virtue  of  any  election  or  appointment  under  the  said 
Constitution  and  the  laws  of  the  State  made  in  pursuance  thereof. 

Article  V 

REVENUE   AND    TAXATION 

Section  1.  The  General  Assembly  shall  levy  a  capitation  tax  on 
every  male  inhabitant  in  the  State  over  twenty-one  and  under  fifty 
years  of  age,  which  shall  be  equal  on  each  to  the  tax  on  property 
valued  at  three  hundred  dollars  in  cash.  The  Commissioners  of  the 
several  counties  may  exempt  from  capitation  tax  in  special  cases,  on 
account  of  poverty  and  infirmity,  and  the  State  and  county  capitation 
tax  combined  shall  never  exceed  two  dollars  on  the  head. 

Sec.  2.  The  proceeds  of  the  State  and  county  capitation  tax  shall  be 
applied  to  the  purposes  of  education  and  the  support  of  the  poor,  but 
in  no  one  year  shall  more  than  twenty-five  per  cent,  thereof  be  appro- 
priated to  the  latter  purpose. 

Sec.  3.  Laws  shall  be  passed  taxing,  by  a  uniform  rule,  all  moneys, 
credits,  investments  in  bonds,  stocks,  joint-stock  companies,  or  other- 
wise ;  and,  also,  all  real  and  personal  property,  according  to  its  true 
value  in  money.  The  General  Assembly  may  also  tax  trades,  profes- 
sions, franchises,  and  incomes,  provided  that  no  income  shall  be  taxed 
when  the  property  from  which  the  income  is  derived  is  taxed. 

Sec.  4.  Until  the  bonds  of  the  State  shall  be  at  par,  the  General 
Assembly  shall  have  no  power  to  contract  any  new  debt  or  pecuniary 
obligation  in  behalf  of  the  State,  except  to  supply  a  casual  deficit,  or 
for  suppressing  invasions  or  insurrections,  unless  it  shall  in  the  same 
bill  levy  a  special  tax  to  pay  the  interest  annually.  And  the  Gen- 
eral Assembly  shall  have  no  power  to  give  or  lend  the  credit  of  the 
State  in  aid  of  any  person,  association  or  corporation,  except  to  aid  in 
the  completion  of  such  railroads  as  may  be  unfinished  at  the  time  of 
the  adoption  of  this  Constitution,  or  in  which  the  State  has  a  direct 
pecuniary  interest,  unless  the  subject  be  submitted  to  a  direct  vote 
of  the  people  of  the  State,  and  be  approved  by  the  majority  of  those 
who  shall  vote  thereon. 

Sec.  5.  Property  belonging  to  the  State,  or  to  municipal  corpora- 
tions, shall  be  exempt  from  taxation.  The  General  Assembly  may 
exempt  cemeteries  and  property  held  for  educational,  scientific,  liter- 
ary, charitable  or  religious  purposes ;  also  wearing  apparel,  arms  for 
muster,  household  and  kitchen  furniture,  the  mechanical  and  agricul- 
tural implements  of  mechanics  and  farmers,  libraries  and  scientific 


NoHh  Carolina— 1876  2835 

instruments,  or  any  other  personal  property,  to  a  value  not  exceeding 
three  hundred  dollars. 

Sec.  6.  The  taxes  levied  by  the  commissioners  of  the  several  coun- 
ties for  county  purposes  shall  be  levied  in  like  manner  with  the  State 
taxes,  and  shall  never  exceed  the  double  of  the  State  tax,  except 
for  a  special  purpose,  and  with  the  special  approval  of  the  General 
Assembly. 

Sec.  7.  Every  act  of  the  General  Assembly  levying  a  tax  shall  state 
the  special  object  to  which  it  is  to  be  applied,  and  it  shall  be  applied 
to  no  other  purpose. 

Article  VI 

SUFFRAGE    AND   ELIGIBILITY   TO    OFFICE 

Section  1.  Every  male  person  born  in  the  United  States,  and  every 
male  person  who  has  been  naturalized,  twenty-one  years  of  age,  and 
possessing  the  qualifications  set  out  in  this  Article,  shall  be  entitled 
to  vote  at  any  election  by  the  people  in  the  State,  except  as  herein 
otherwise  provided. 

Sec.  2.  He  shall  have  resided  in  the  State  of  North  Carolina  for 
two  years,  in  the  county  six  months,  and  in  the  precinct,  ward  or 
other  election  district,  in  which  he  offers  to  vote,  four  months  next 
preceding  the  election:  Provided^  that  removal  from  one  precinct, 
ward  or  other  election  district,  to  another  in  the  same  county,  shall 
not  operate  to  deprive  any  person  of  the  right  to  vote  in  the  precinct, 
ward  or  other  election  district  from  which  he  has  removed  until  four 
months  after  such  removal.  No  person  who  has  been  convicted,  or 
who  has  confessed  his  guilt  in  open  Court  upon  indictment,  of  any 
crime,  the  punishment  of  which  now  is,  or  may  hereafter  be  impris- 
onment in  the  State's  Prison  shall  be  permitted  to  vote  unless  the  said 
person  shall  be  first  restored  to  citizenship  in  the  manner  prescribed 
by  law. 

Sec.  3.  Every  person  offering  to  vote  shall  be  at  the  time  a  legally 
registered  voter  as  herein  prescribed  and  in  the  manner  hereafter  pro- 
vided by  law,  and  the  General  Assembly  of  North  Carolina  shall 
enact  general  registration  laws  to  carry  into  effect  the  provisions  of 
this  article. 

Sec.  4.  Every  person  presenting  himself  for  registration  shall  be 
able  to  read  and  write  any  section  of  the  Constitution  in  the  English 
language ;  and  before  he  shall  be  entitled  to  vote,  he  shall  have  paid, 
on  or  before  the  first  day  of  May  of  the  year  in  which  he  proposes  to 
vote,  his  poll  tax  for  the  previous  year  as  prescribed  by  Article  V, 
sec.  1,  of  the  Constitution.  But  no  male  person  who  was  on  January 
1,  1867,  or  at  any  time  prior  thereto,  entitled  to  vote  under  the  laws 
of  any  State  in  the  United  States  wherein  he  then  resided,  and  no 
lineal  descendant  of  any  such  person  shall  be  denied  the  right  to  reg- 
ister and  vote  at  any  election  in  this  State  by  reason  of  his  failure  to 
possess  the  educational  qualifications  herein  prescribed :  Provided^  he 
shall  have  registered  in  accordance  with  the  terms  of  this  section 
prior  to  December  1,  1908.  The  General  Assembly  shall  provide  for 
the  registration  of  all  persons  entitled  to  vote  without  the  educational 
qualifications  herein  prescribed,  and  shall,  on  or  before  November  1, 
7254— VOL  5— 09 20 


2836  North  Carolina— 1876 

1908,  provide  for  the  making  of  a  permanent  record  of  such  registra- 
tion, and  all  persons  so  registered  shall  forever  thereafter  have  the 
right  to  vote  in  all  elections  by  the  people  in  this  State,  unless  dis- 
qualified under  section  2  of  this  Article:  Provided^  such  person  shall 
have  paid  his  poll  tax  as  above  required. 

Sec.  5.  That  this  amendment  to  the  Constitution  is  presented  and 
adopted  as  one  indivisible  plan  for  the  regulation  oi  the  suffrage, 
with  the  intent  and  purpose  to  so  connect  tlie  different  parts  and  to 
make  them  so  dependent  upon  each  other  that  the  whole  shall  stand 
or  fall  together. 

Sec.  6.  All  elections  by  the  people  shall  be  by  ballot,  and  all  elec- 
tions by  the  General  Assembly  shall  be  viva  voce. 

Sec.  T.  Every  voter  in  North  Carolina,  except  as  in  this  Article 
disqualified,  shall  be  eligible  to  office,  but  before  entering  upon  the 
duties  of  the  office  he  shall  take  and  subscribe  the  following  oath : 

"  I, ,  do  solemnly  swear  (or  affirm)  that  I  will  sup- 
port and  maintain  the  Constitution  and  laws  of  the  United  States 
and  the  Constitution  and  laws  of  North  Carolina  not  inconsistent 
therewith,  and  that  I  will  faithfully  discharge  the  duties  of  my  office 
as .     So  help  me,  God." 

Sec.  8.  The  following  classes  of  persons  shall  be  disqualified  for 
office :  First ^  all  persons  who  shall  deny  the  being  of  Almighty  God. 
Second^  all  persons  who  shall  have  been-  convicted  or  confessed  their 
guilt  on  indictment  pending,  and  whether  sentenced  or  not,  or  under 
judgment  suspended,  of  any  treason  or  felony,  or  of  any  other  crime 
for  which  the  punishment  may  be  imprisonment  in  the  penitentiary, 
since  becoming  citizens  of  the  United  States,  or  of  corruption  or  mal- 
practice in  office,  unless  such  person  shall  be  restored  to  the  rights  of 
citizenship  in  a  manner  prescribed  by  law. 

Sec.  9.  That  this  amendment  to  the  Constitution  shall  go  into  effect 
on  the  first  day  of  July,  nineteen  hundred  and  two,  if  a  majority  of 
votes  cast  at  the  next  general  election  shall  be  cast  in  favor  of  this 
suffrage  amendment. 

Article  VII 
municipal  corporations 

Section  1.  In  each  county  there  shall  be  elected  biennially  by  the 
qualified  voters  thereof,  as  provided  for  the  election  of  members  of 
the  General  Assembly,  the  following  officers:  A  Treasurer,  Register 
of  Deeds,  Surveyor  and  five  Commissioners. 

Sec.  2.  It  shall  be  the  duty  of  the  Commissioners  to  exercise  a  gen- 
eral supervision  and  control  of  the  penal  and  charitable  institutions, 
schools,  roads,  bridges,  levying  of  taxes,  and  finances  of  the  county, 
as  may  be  prescribed  by  law.  The  Register  of  Deeds  shall  be,  ex 
officio^  Clerk  of  the  Board  of  Commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  Commissioners  first  elected  in 
each  county  to  divide  the  same  into  convenient  districts,  and  to  report 
the  same  to  the  General  Assembly  before  the  first  day  of  Januarv, 
1869.  .       ^ 

Sec.  4.  Upon  the  approval  of  the  reports  provided  for  in  the  fore- 
going section  by  the  General  Assembly,  the  said  districts  shall  have 
corporate  powers  for  the  necessary  purposes  of  local  government,  and 
shall  be  known  as  townships. 


NoHh  Carolina— 1876  2837 

Sec.  5.  In  each  township  there  shall  be  biennially  elected  by  the 
qualified  voters  thereof  a  Clerk  and  two  Justices  of  the  Peace,  who 
shall  constitute  a  Board  of  Trustees,  and  shall,  under  the  supervision 
of  the  County  Commissioners,  have  control  of  the  taxes  and  finances, 
roads  and  bridges  of  the  townships,  as  may  be  prescribed  by  law. 
The  General  Assembly  may  provide  for  the  election  of  a  large  num- 
ber of  the  Justices  of  the  Peace  in  cities  and  towns  and  in  those  town- 
ships in  which  cities  and  towns  are  situated.  In  every  township 
there  shall  also  be  biennially  elected  a  School  Committee,  consisting 
of  three -persons,  whose  duties  shall  be  prescribed  by  law. 

Sec.  6.  The  Township  Board  of  Trustees  shall  assess  the  taxable 
property  of  their  townships  and  make  returns  to  the  County  Com- 
missioners for  revision,  as  may  be  prescribed  by  law.  The  Clerk 
shall  be,  ex  officio^  Treasurer  of  the  township. 

Sec.  7.  No  county,  city,  town  or  other  municipal  corporation  shall 
contract  any  debt,  pledge  its  faith  or  loan  its  credit,  nor  shall  any 
tax  be  levied  or  collected  by  any  officers  of  the  same  except  for  the 
necessary  expenses  thereof,  unless  by  a  vote  of  the  majority  of  the 
qualified  voters  therein. 

Sec.  8.  No  money  shall  be  drawn  from  any  county  or  township 
treasury  except  by  authority  of  law. 

Sec.  9.  All  taxes  levied  by  any  county,  city,  town  or  township  shall 
be  uniform  and  ad  valorem  upon  all  property  in  the  same,  except 
property  exempted  by  this  Constitution. 

Sec.  10.  The  county  officers  first  elected  under  the  provisions  of 
this  Article  shall  enter  upon  their  duties  ten  days  after  the  approval 
of  this  Constitution  by  the  Congress  of  the  United  States. 

Sec.  11.  The  Governor  shall  appoint  a  sufficient  number  of  Justices 
of  the  Peace  in  each  county,  who  shall  hold  their  places  until  sections 
four,  five  and  six  of  this  Article  shall  have  been  carried  into  effect. 

Sec.  12.  All  charters,  ordinances  and  provisions  relating  to  munic- 
ipal corporations  shall  remain  in  force  until  legally  changed,  unless 
inconsistent  with  the  provisions  of  this  Constitution. 

Sec.  13.  No  county,  city,  town  or  other  municipal  corporation  shall 
assume  to  pay,  nor  shall  any  tax  be  levied  or  collected  for  the  pay- 
ment of  any  debt,  or  the  interest  upon  any  debt,  contracted  directly 
or  indirectly  in  aid  or  support  of  the  rebellion. 

Sec.  14.  The  General  Assembly  shall  have  full  power  by  statute  to 
modify,  change  or  abrogate  any  and  all  of  the  provisions  of  this 
Article  and  substitute  others  in  their  place,  except  sections  seven,  nine 
and  thirteen. 

Article  VIII 

CORPORATIONS   OTHER    THAN    MUNICIPAL 

Section  1.  Corporations  may  be  formed  under  general  laws,  but 
shall  not  be  created  by  special  act  except  for  municipal  purposes  and 
in  cases  where,  in  the  judgment  of  the  Legislature,  the  object  of  the 
corporation  cannot  be  attained  under  general  laws.  All  general  laws 
and  special  acts  passed  pursuant  to  this  section  may  be  altered  from 
time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such  individual 
liabilities  of  the  corporations  and  other  means  as  may  be  prescribed 
by  law. 


2838  North  {Carolina— 1876 

Sec.  3.  The  term  corporation,  as  used  in  this  Article,  shall  be  con- 
strued to  include  all  associations  and  joint-stock  companies  having 
any  of  the  powers  and  privileges  of  corporations  not  possessed  by 
individuals  or  partnerships.  And  all  corporations  shall  have  the 
right  to  sue  and  shall  be  subject  to  be  sued  in  all  courts  in  like  cases 
as  natural  persons. 

Sec.  4.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the 
organization  of  cities,  towns  and  incorporated  villages,  and  to  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contracting 
debts  and  loaning  their  credit,  so  as  to  prevent  abuses  in  assessment 
and  in  contracting  debts  by  such  municipal  corporations. 

Article  IX 

EDUCATION 

Section  1.  Religion,  morality  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the 
means  of  education  shall  forever  be  encouraged. 

Sec.  2.  The  General  Assembly,  at  its  first  session  under  this  Con- 
stitution, shall  provide  b}^  taxation  and  otherwise  for  a  general  and 
uniform  system  of  public  schools,  wherein  tuition  shall  be  free  of 
charge  to  all  the  children  of  the  State  between  the  ages  of  six  and 
twenty-one  years.  And  the  children  of  the  white  race  and  the  chil- 
dren of  the  colored  race  shall  be  taught  in  separate  public  schools; 
but  there  shall  be  no  discrimination  in  favor  of  or  to  the  prejudice 
of  either  race. 

Sec.  o.  Each  county  of  the  State  shall  be  divided  into  a  convenient 
number  of  districts,  in  which  one  or  more  public  schools  shall  be 
maintained  at  least  four  months  in  every  year;  and  if  the  Commis- 
sioners of  any  county  shall  fail  to  comply  with  the  aforesaid  require- 
ments of  this  section  they  shall  be  liable  to  indictment. 

Sec.  4.  The  proceeds  of  all  lands  that  have  been  or  hereafter  may 
be  granted  by  the  United  States  to  this  State  and  not  otherwise 
appropriated  by  this  State  or  the  United  States,  also  all  moneys, 
stocks,  bonds  and  other  property  now  belonging  to  any  State  fund 
for  purposes  of  education,  also  the  net  proceeds  of  all  sales  of  the 
swamp  lands  belonging  to  the  State,  and  all  other  grants,  gifts  or 
devises  that  have  been  or  hereafter  may  be  made  to  the  State  and 
not  otherwise  appropriated  by  the  State  or  by  the  terms  of  the  grant, 
gift  or  devise,  shall  be  paid  into  the  State  Treasury,  and,  together 
with  so  much  of  the  ordinary  revenue  of  the  State  as  may  be  by  law 
set  apart  for  that  purpose,  shall  be  faithfully  appropriated  for  estab- 
lishing and  maintaining  in  this  State  a  system  of  free  public  schools 
and  for  no  other  uses  or  purposes  whatsoever. 

Sec.  5.  All  moneys,  stocks,  bonds  and  other  property  belonging  to 
a  county  school  fund,  also  the  net  proceeds  from  the  sale  of  estrays, 
also  the  clear  proceeds  of  all  penalties  and  forfeitures  and  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  or  mili- 
tary laws  of  the  State,  and  all  moneys  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty,  shall  belong  to 
and  remain  in  the  several  counties,  and  shall  be  faithfully  appropri- 
ated for  establishing  and  maintaining  free  public  schools  in  the  sev- 
eral counties  in  this  State:  Provided^  that  the  amount  collected  in 


.      North  Carolina— 1876  2839 

each  county  shall  be  annually  reported  to  the  Superintendent  of  Pub- 
lic Instruction. 

Sec.  6.  The  General  Assembly  shall  have  power  to  provide  for  the 
election  of  Trustees  of  the  University  of  North  Carolina,  in  whom, 
when  chosen,  shall  be  vested  all  the  privileges,  rights,  franchises 
and  endowments  thereof  in  anywise  granted  to  or  conferred  upon 
the  Trustees  of  said  University ;  and  the  General  Assembly  may 
make  such  provisions,  laws  and  regulations  from  time  to  time  as  may 
be  necessary  and  expedient  for  the  maintenance  and  management  of 
said  University. 

Sec.  7.  The  General  Assembly  shall  provide  that  the  benefits  of 
the  University,  as  far  as  practicable,  be  extended  to  the  youth  of  the 
State  free  of  expense  for  tuition;  also  that  all  the  property  which 
has  heretofore  accrued  to  the  State  or  shall  hereafter  accrue  from 
escheats,  unclaimed  dividends  or  distributive  shares  of  the  estates  of 
deceased  persons,  shall  be  appropriated  to  the  use  of  the  University. 

Sec.  8.  The  Governor,  Lieutenant-Governor,  Secretary  of  State, 
Treasurer,  Auditor,  Superintendent  of  Public  Instruction  and  Attor- 
ney-General shall  constitute  a  State  Board  of  Education. 

Sec.  9.  The  Governor  shall  be  President  and  the  Superintendent  of 
Public  Instruction  shall  be  Secretary  of  the  Board  of  Education. 

Sec.  10.  The  Board  of  Education  shall  succeed  to  all  the  powers 
and  trusts  of  the  President  and  Directors  of  the  Literary  Fund  of 
North  Carolina,  and  shall  have  full  power  to  legislate  and  make  all 
needful  rules  and  regulations  in  relation  to  free  public  schools  and 
the  educational  fund  of  the  State ;  but  all  acts,  rules  and  regulations 
of  said  Board  may  be  altered,  amended  or  repealed  by  the  General 
Assembly,  and  when  so  altered,  amended  or  repealed  they  shall  not 
be  re-enacted  by  the  Board. 

Sec.  11.  The  first  session  of  the  Board  of  Education  shall  be  held 
at  the  capital  of  the  State  within  fifteen  days  after  the  organization 
of  the  State  Government  under  this  Constitution ;  the  time  of  future 
meetings  may  be  determined  by  the  Board. 

Sec.  12.  A  majority  of  the  Board  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Sec.  13.  The  contingent  expenses  of  the  Board  shall  be  provided  by 
the  General  Assembly. 

Sec.  14.  As  soon  as  practicable  after  the  adoption  of  this  Con- 
stitution the  General  Assembly  shall  establish  and  maintain  in  con- 
nection with  the  University  a  department  of  agriculture,  of  mechan- 
ics, of  mining  and  of  normal  instruction. 

Sec.  15.  The  General  Assembly  is  hereby  empowered  to  enact  that 
every  child  of  sufficient  mental  and  physical  ability  shall  attend  the 
public  schools  during  the  period  between  the  ages  of  six  and  eighteen 
years  for  a  term  of  not  less  than  sixteen  months,  unless  educated 
by  other  means. 

Article  X 
homesteads  and  exemptions 

Section  1.  The  personal  property  of  any  resident  of  this  State  to 
the  value  of  five  hundred  dollars,  to  be  selected  by  such  resident,  shall 
be  and  is  hereby  exempted  from  sale  under  execution  or  other  final 
process  of  any  court  issued  for  the  collection  of  any  debt. 


2840  North  Carolina— 1876      . 

Sec.  2.  Every  homestead,  and  the  dwellings  and  buildings  used 
therewith,  not  exceeding  in  value  one  thousand  dollars,  to  be  selected 
by  the  owner  thereof,  or  in  lieu  thereof,  at  the  option  of  the  owner, 
any  lot  in  a  city,  town  or  village,  with  the  dwellings  and  buildings 
used  thereon,  owned  and  occupied  by  any  resident  of  this  State, 
and  not  exceeding  the  value  of  one  thousand  dollars,  shall  be  exempt 
from  sale  under  execution  or  other  final  process  obtained  on  any 
debt.  But  no  property  shall  be  exempt  from  sale  for  taxes  or  for 
payment  of  obligations  contracted  for  the  purchase  of  said  premises. 

Sec.  3.  The  homestead,  after  the  death  of  the  owner  thereof,  shall 
be  exempt  from  the  payment  of  any  debt  during  the  minority  of 
his  children  or  any  one  of  them. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  this  Article  shall 
not  be  so  construed  as  to  prevent  a  laborer's  lien  for  work  done  and 
performed  for  the  person  claiming  such  exemption,  or  a  mechanic's 
lien  for  work  done  on  the  permises. 

Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow  but  no 
children,  the  same  shall  be  exempt  from  the  debts  of  her  husband, 
and  the  rents  and  profits  thereof  shall  inure  to  her  benefit 'dur- 
ing her  widowhood,  unless  she  be  the  owner  of  a  homestead  in  her 
own  right. 

Sec.  6.  The  real  and  personal  property  of  any  female  in  this 
State  acquired  before  marriage,  and  all  property,  real  and  personal, 
to  which  she  may,  after  marriage,  become  in  any  manner  entitled, 
shall  be  and  remain  the  sole  and  separate  estate  and  property  of 
such  female,  and  shall  not  be  liable  for  any  debts,  obligations  or 
engagements  of  her  husband,  and  may  be  devised  and  bequeathed, 
and,  with  the  written  assent  of  her  husband,  conveyed  by  her  as  if 
she  were  unmarried. 

Sec.  7.  The  husband  may  insure  his  own  life  for  the  sole  use 
and  benefit  of  his  wife  and  children,  and  in  case  of  the  death  of 
the  husband  the  amount  thus  insured  shall  be  paid  over  to  the  wife 
and  children,  or  to  the  guardian  if  under  age,  for  her  or  their  own 
use,  free  from  all  the  claims  of  the  representatives  of  her  husband 
or  any  of  his  creditors. 

Sec.  8.  Nothing  contained  in  the  foregoing  sections  of  this  Article 
shall  operate  to  prevent  the  owner  of  a  homestead  from  disposing 
of  the  same  by  deed ;  but  no  deed  made  by  the  owner  of  a  homestead 
shall  be  valid  without  the  voluntary  signature  and  assent  of  his 
wife,  signified  on  her  private  examination  according  to  law. 

Article  XI 
punishments,  penal  institutions  and  public  charities 

Section  1.  The  following  punishments  only  shall  be  known  to  the 
laws  of  this  State,  viz. :  death,  imprisonment  with  or  without  hard 
labor,  fines,  removal  from  office,  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  trust  or  profit  under  this  State.  The  fore- 
going provision  for  imprisonment  with  hard  labor  shall  be  con- 
strued to  authorize  the  employment  of  such  convict  labor  on  public 
works  or  highways,  or  other  labor  for  public  benefit,  and  the  farm- 
ing out  thereof,  where  and  in  such  manner  as  may  be  provided  by 
law ;  but  no  convict  shall  be  farmed  out  who  has  been  sentenced  on  a 


NoHh  Carolina— 1876  2841 

charge  of  murder,  manslaughter,  rape,  attempt  to  commit  rape,  or 
arson:  Provided^  that  no  convict  whose  labor  may  be  farmed  out 
shall  be  punished  for  any  failure  of  duty  as  a  laborer  except  by  a 
responsible  officer  of  the  State;  but  the  convicts  so  farmed  out  shall 
be  at  all  times  under  the  supervision  and  control,  as  to  their  govern- 
ment and  discipline,  of  the  Penitentiary  Board  or  some  officer  of  the 
State. 

Sec.  2.  The  object  of  punishment  being  not  only  to  satisfy  justice, 
but  also  to  reform  the  offender,  and  thus  prevent  crime,  murder, 
arson,  burglary  and  rape,  and  these  only,  may  be  punishable  with 
death,  if  the  General  Assembly  shall  so  enact. 

Sec.  3.  The  General  Assembly  shall,  at  its  first  meeting,  make  pro- 
vision for  the  erection  and  conduct  of  a  State's  Prison  or  Penitentiary 
at  some  central  and  accessible  point  within  the  State. 

Sec.  4.  The  General  Assembly  may  provide  for  the  erection  of  a 
House  of  Correction,  where  vagrants  and  persons  guilty  of  misde- 
meanors shall  be  restrained  and  usefully  employed. 

Sec.  5.  A  House  or  Houses  of  Refuge  may  be  established  when- 
ever, the  public  interests  may  require  it,  for  the  correction  and  in- 
struction of  other  classes  of  offenders. 

Sec.  6.  It  shall  be  required  by  competent  legislation  that  the 
structure  and  superintendence  of  penal  institutions  of  the  State,  the 
county  jails  and  city  police  prisons  secure  the  health  and  comfort  of 
the  prisoners,  and  that  male  and  female  prisoners  be  never  confined 
in  the  same  room  or  cell. 

Sec.  7.  Beneficent  provisions  for  the  poor,  the  unfortunate  and 
orphan  being  one  of  the  first  duties  of  a  civilized  and  Christian  State, 
the  General  Assembly  shall,  at  its  first  session,  appoint  and  define  the 
duties  of  a  Board  of  Public  Charities,  to  whom  shall  be  entrusted  the 
supervision  of  all  charitable  and  penal  State  institutions,  and  who 
shall  annually  report  to  the  Governor  upon  their  condition,  with  sug- 
gestions for  their  improvement. 

Sec.  8.  There  shall  also,  as  soon  as  practicable,  be  measures  devised 
by  the  State  for  the  establishment  of  one  or  more  orphan  houses, 
where  destitute  orphans  may  be  cared  for,  educated  and  taught  some 
business  or  trade. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature,  as  soon  as  practica- 
ble, to  devise  means  for  the  education  of  idiots  and  inebriates. 

Sec.  10.  The  General  Assembly  may  provide  that  the  indigent  deaf 
mute,  blind  and  insane,  of  the  State  shall  be  cared  for  at  the  charge 
of  the  State. 

Sec.  11.  It  shall  be  steadily  kept  in  view  by  the  Legislature  and  the 
Board  of  Public  Charities,  that  all  penal  and  charitable  institutions 
should  be  made  as  nearly  self-supporting  as  is  consistent  with  the 
purposes  of  their  creation. 

Article  XII 

MILITIA 

Section  1.  All  able-bodied  male  citizens  of  the  State  of  North 
Carolina,  between  the  ages  of  twenty-one  and  forty  years,  who  are 
citizens  of  the  United  States,  shall  be  liable  to  do  duty  in  the  militia : 
Provided^  that  all  persons  who  may  be  averse  to  bearing  arms,  from 
religious  scruples,  shall  be  exempt  therefrom. 


2842  North  Carolina— 1876 

Sec.  2.  The  General  Assembly  shall  provide  for  the  organizing, 
arming,  equipping  and  discipline  of  the  militia,  and  for  paying  the 
same,  when  called  into  active  service. 

Sec.  3.  The  Governor  shall  be  Commander-in-Chief,  and  shall 
have  power  to  call  out  the  militia  to  execute  the  law,  suppress  riots 
or  insurrection,  and  to  repel  invasion. 

Sec.  4.  The  General  Assembly  shall  have  power  to  make  such 
exemptions  as  may  be  deemed  necessary,  and  enact  laws  that  may  be 
expedient  for  the  government  of  the  militia. 

Article  XIII 

AMENDMENTS 

Section  1.  No  convention  of  the  people  of  this  State  shall  ever  be 
called  by  the  General  Assembly,  unless  by  the  concurrence  of  two- 
thirds  of  all  the  members  of  each  House  of  the  General  Assembly, 
and  except  the  proposition.  Convention  or  No  Convention,  be  first 
submitted  to  the  qualified  voters  of  the  whole  State,  at  the  next  gen- 
eral election  in  a  manner  to  be  prescribed  by  law.  And  should  a 
majority  of  the  votes  cast  be  in  favor  of  said  convention,  it  shall 
assemble  on  such  day  as  may  be  prescribed  by  the  General  Assembly. 

Sec.  2.  No  part  of  the  Constitution  of  this  State  shall  be  altered 
unless  a  bill  to  alter  the  same  shall  have  been  agreed  to  by  three-fifths 
of  each  House  of  the  General  Assembly.  And  the  amendment  or 
amendments  so  agreed  to  shall  be  submitted  at  the  next  general  elec- 
tion of  the  qualified  voters  of  the  whole  State,  in  such  a  manner  as 
may  be  prescribed  by  law.  And  in  the  event  of  their  adoption  by  a 
majority  of  the  votes  cast,  such  amendment  or  amendments  shall 
become  part  of  the  Constitution  of  the  State. 

Article  XIV 
miscellaneous 

Section  1.  All  indictments  which  shall  have  been  found,  or  may 
hereafter  be  found,  for  any  crime  or  offense  committed  before  this 
Constitution  takes  effect,  may  be  proceeded  upon  in  the  proper 
Courts,  but  no  punishment  shall  be  inflicted  which  is  forbidden  by 
this  Constitution. 

Sec.  2.  No  person  who  shall  hereafter  fight  a  duel,  or  assist  in  the 
same  as  a  second,  or  send,  accept,  or  knowingly  carry  a  challenge 
therefor,  or  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  hold  any 
office  in  this  State. 

Sec.  3.  No  money  shall  be  drawn  from  the  Treasury  but  in  conse- 
quence of  appropriations  made  by  law;  and  an  accurate  account  of 
the  receipts  and  expenditures  of  the  public  money  shall  be  annually 
published. 

Sec.  4.  The  General  Assembly  shall  provide,  by  proper  legislation, 
for  giving  to  mechanics  and  laborers  an  adequate  lien  on  the  subject- 
matter  of  their  labor. 

Sec  5.  In  the  absence  of  any  contrary  provision,  all  officers  of  this 
State,  whether  heretofore  elected,  or  appointed  by  the  Governor,  shall 
hold  their  positions  only  until  other  appointments  are  made  by  the 


Ncyrth  Carolina— 1876  2843 

Governor,  or,  if  the  officers  are  elective,  until  their  successors  shall 
have  been  chosen  and  duly  qualified  according  to  the  provisions  of 
this  Constitution. 

Sec.  6.  The  seat  of  government  of  this  State  shall  remain  at  the 
city  of  Raleigh. 

Sec.  7.  No  person,  who  shall  hold  any  office  or  place  of  trust  or 
profit  under  the  United  States,  or  any  department  thereof,  or  under 
this  State,  or  under  any  other  State  or  Government,  shall  hold  or 
exercise  any  other  office  or  place  of  trust  or  profit  under  the  authority 
of  this  State,  or  be  eligible  to  a  seat  in  either  House  of  the  General 
Assembly:  Provided^  that  nothing  herein  contained  shall  extend  to 
officers  in  the  militia.  Justices  of  the  Peace,  Commissioners  of  Public 
Charities,  or  Commissioners  for  special  purposes. 

Sec.  8.  All  marriages  between  a  white  person  and  a  negro,  or 
between  a  white  person  and  white  person  of  negro  descent  to  the  third 
generation  inclusive,  are  hereby  forever  prohibited. 


NORTH  DAKOTA 


For  organic  acts  relating  to  the  land  now  included  within  North  Dakota  see 
in  this  work: 

Treaty  Ceding  Louisiana,  1803  (Louisiana,  p.  1359). 

District  of  Louisiana,  1804  (Louisiana,  p.  1364). 

Territory  of  Louisiana,  1805  (Louisiana,  p.  1373). 

Territory  of  Missouri,  1812  (Missouri,  p.  2139). 

Act  Extending  Bounds  of  Michigan  Territory,  1834  (Iowa,  p.  1111). 

Territory  of  Wisconsin,  1836  (Wisconsin,  1836,  p.  4065). 

Territory  of  Iowa,  1838  (Iowa,  p.  1111). 

Territory  of  Minnesota,  1849  (Minnesota,  p.  1981). 

Territory  of  Nebraska,  1854  (Kansas,  p.  1161). 

Enabling  act  for  North  Dakota,  1889  (Montana,  p.  2281). 


TEMPORARY  GOVERNMENT  FOR  THE  TERRITORY  OF  DAKOTA— 

1861  « 

[Thiety-sixth  Congeess,  Second  Session] 

An  Act  to  provide  a  temporary  Government  for  the  Territory  of  Dakota,  and  to 
create  the  Office  of  Surveyor-General  therein 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  all  that  part 
of  the  territory  of  the  United  States  included  Avithin  the  following 
limits,  namely:  commencing  at  a  point  in  the  main  channel  of  the 
Red  River  of  the  North,  where  the  forty-ninth  degree  of  north  lati- 
tude crosses  the  same;  thence  up  the  main  channel  of  the  same,  and 
along  the  boundary  of  the  State  of  Minnesota  to  Big  Stone  Lake; 
thence  along  the  boundary  line  of  the  said  State  of  Minnesota  to  the 
Iowa  line ;  thence  along  the  boundary  line  of  the  State  of  Iowa  to  the 
point  of  intersection  between  the  Big  Sioux  and  Missouri  rivers; 

«  For  other  statutes  of  an  organic  nature  relating  to  the  Territory  of  Dakota 
see  the  act  to  prohibit  slavery  in,  June  19,  1862;  to  define  the  veto  and  other 
powers  of  the  governor,  March  2,  1863 ;  to  regulate  elective  franchise  in,  Jan- 
uaiy  25,  1867;  to  prohibit  special  acts  of  incorporation,  March  2,  1867;  to 
empower  legislature  to  pass  general  laws  for  the  incorporation  of  certain  com- 
panies, June  10,  1872 ;  to  limit  the  duration  of  legislative  sessions  and  to  fix  the 
pay  of  members,  January  23,  1873;  to  readjust  the  western  boundary  of,  Feb- 
ruary 14,  1873 ;  to  declare  the  true  meaning  of  a  certain  territorial  act,  March  2, 
1875 ;  to  provide  for  an  additional  judge,  March  3,  1879 ;  to  fix  number  of  mem- 
bers and  compensation  of  each  house  of  legislature,  June  19,  1878,  June  27,  1879 ; 
to  increase  number  of  members  of  legislature*,  June  12,  1884;  to  reorganize  courts 
and  appoint  additional  justices,  July  4,  1884;  to  limit  number  of  representative 
districts,  March  3.  1885 ;  to  limit  legislature's  power  to  pass  special  acts  of  incor- 
poration, March  3,  1885;  to  give  validity  to  certain  acts  of  legislature,  June  30, 
1886;  to  prohibit  various  forms  of  special  legislation,  July  30,  1886;  to  permit 
the  erection  of  counties,  July  19,  1888 ;  to  reorganize  the  courts,  August  8,  1888. 

2845 


2846  North  Dakota— 1861 

thence  up  the  Missouri  river,  and  along  the  boundary  line  of  the  Terri- 
tory of  Nebraska,  to  the  mouth  of  the  Niobrara  or  Eunning  Water 
river ;  thence  following  up  the  same,  in  the  middle  of  the  main  chan- 
nel thereof  to  the  mouth  of  the  Kehapaha  or  Turtle  Hill  river ;  thence 
up  said  river  to  the  forty-third  parallel  of  north  latitude ;  thence  due 
west  to  the  present  boundary  of  the  Territory  of  Washington ;  thence 
along  the  boundary  line  of  Washington  Territory,  to  the  forty-ninth 
degree  of  north  latitude;  thence  east,  along  said  forty-ninth  degree 
of  north  latitude  to  the  place  of  beginning,  be,  and  the  same  is  hereby, 
organized  into  a  temporary  government,  by  the  name  of  the  Terri- 
tory of  Dakota:  Provided^  That  nothing  in  this  act  contained  shall 
be  construed  to  impair  the  rights  of  person  or  property  now  pertain- 
ing to  the  Indians  in  said  Territory,  so  long  as  such  rights  shall 
remain  unextinguished  by  treaty  between  the  United  States  and  such 
Indians,  or  to  include  any  territory  which,  by  treaty  w^ith  any  Indian 
tribe,  is  not,  without  the  consent  of  said  tribe,  to  be  included  within 
the  territorial  limits  or  jurisdiction  of  any  State  or  Territory;  but 
all  such  territory  shall  be  excepted  out  of  the  boundaries  and  con- 
stitute no  part  of  the  Territory  of  Dakota,  until  said  tribe  shall 
signify  their  assent  to  the  President  of  the  United  States  to  be 
included  within  the  said  Territory  or  to  affect  the  authority  of  the 
government  of  the  United  States  to  make  any  regulations  respecting 
such  Indians,  their  lands,  property,  or  other  rights,  by  treaty,  law, 
or  otherwise,  which  it  would  have  been  competent  for  the  govern- 
ment to  make  if  this  act  had  never  passed:  Provided^  further^  That 
nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  gov- 
ernment of  the  United  States  from  dividing  said  Territory  into  two 
or  more  Territories,  in  such  manner  and  at  such  times  as  Congress 
shall  deem  convenient  and  proper,  or  from  attaching  any  portion 
thereof  to  any  other  Territory  or  State. 

Sec.  2.  And  he  it  further  enacted^  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Dakota,  shall  be  vested  in  a 
governor,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor shall  be  appointed  and  qualified,  unless  sooner  removed  by  the 
President  of  the  United  States.  The  governor  shall  reside  within 
said  Territory,  shall  be  commander-in-chief  of  the  militia  thereof, 
shall  perform  the  duties  and  receive  the  emoluments  of  superintendent 
of  Indian  affairs,  and  shall  approve  all  laws  passed  by  the  legislative 
assembly  before  they  shall  take  effect;  he  may  grant  pardons  for 
offences  against  the  laws  of  said  Territory  and  reprieves  for  offences 
against  the  laws  of  the  United  States  until  the  decision  of  the  Presi- 
dent can  be  made  known  thereon ;  he  shall  commission  all  officers  who 
shall  be  appointed  to  office  under  the  laws  of  said  Territory  and  shall 
take  care  that  the  laws  be  faithfully  executed. 

Sec.  3.  And  he  it  further  enacted^  That  there  shall  be  a  secretary 
of  said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  four 
years,  unless  sooner  removed  by  the  President  of  the  United  States: 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the  legis- 
lative assembly  hereinafter  constituted,  and  all  the  acts  and  proceed- 
ings of  the  governor  in  his  executive  department ;  he  shall  transmit 
one  copy  of  the  laws,  and  one  copy  of  the  executive  proceedings,  on  or 
before  the  first  day  of  December  in  each  year,  to  the  President  of  the 
United  States,  and,  at  the  same  time,  two  copies  of  the  laws  to  the 


North  Dakota— 1861  2847 

Speaker  of  the  House  of  Kepresentatives  and  the  President  of  the 
Senate,  for  the  use  of  Congress ;  and  in  case  of  the  death,  removal,  or 
resignation,  or  other  necessary  absence  of  the  governor  from  the  Ter- 
ritory, the  secretary  shall  have,  and  he  is  hereby  authorized  and  re- 
quired, to  execute  and  perform  all  the  powers  and  duties  of  the  gov- 
ernor during  such  vacancy  or  necessary  absence,  or  until  another 
governor  shall  be  duly  appointed  to  .fill  such  vacancy. 

Sec.  4.  And  he  it  further  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  the  governor  and  a  legis- 
lative assembly.  The  legislative  assembly  shall  consist  of  a  council 
and  house  of  representatives.  The  council  shall  consist  of  nine  mem- 
bers, which  may  be  increased  to  thirteen,  having  the  qualifications  of 
voters  as  hereinafter  prescribed,  whose  term  of  service  shall  continue 
two  years.  The  house  of  representatives  shall  consist  of  thirteen 
members,  which  may  be  increased  to  twenty-six,  possessing  the  same 
qualifications  as  prescribed  for  members  of  the  council,  and  whose 
term  of  service  shall  continue  one  year.  An  apportionment  shall  be 
made,  as  nearly  as  practicable,  among  the  several  counties  or  districts 
for  the  election  of  the  council  and  house  of  representatives,  giving  to 
each  section  of  the  Territory  representation  in  the  ratio  of  its  popu- 
lation, (Indians  excepted)  as  nearly  as  may  be;  and  the  members  of 
the  council  and  of  the  house  of  representatives  shall  reside  in,  and  be 
inhabitants  of,  the  district  for  which  they  may  be  elected,  respec- 
tively. Previous  to  the  first  election,  the  governor  shall  cause  a  cen- 
sus or  enumeration  of  the  inhabitants  of  the  several  counties  and  dis- 
tricts of  the  Territory  to  be  taken ;  and  the  first  election  shall  be  held 
at  such  time  and  places,  and  be  conducted  in  such  manner,  as  the 
governor  shall  appoint  and  direct;  and  he  shall,  at  the  same  time, 
declare  the  number  of  the  members  of  the  council  and  house  of  repre- 
sentatives to  which  each  of  the  counties  or  districts  shall  be  entitled 
under  this  act.  The  number  of  persons  authorized  to  be  elected,  hav- 
ing the  highest  number  of  votes  in  each  of  the  said  council  districts, 
for  members  of  the  council,  shall  be  declared  by  the  governor  to  be 
duly  elected  to  the  council;  and  the  person  or  persons  authorized  to 
be  elected  having  the  greatest  number  of  votes  for  the  house  of  repre- 
sentatives, equal  to  the  number  to  which  each  county  or  district  shall 
be  entitled,  shall  be  declared  by  the  governor  to  be  elected  members  of 
the  house  of  representatives :  Provided^  That  in  case  of  a  tie  between 
two  or  more  persons  voted  for,  the  governor  shall  order  a  new  elec- 
tion, to  supply  the  vacancy  made  by  such  tie.  And  the  persons  thus 
elected  to  the  legislative  assembly  shall  meet  at  such  place  and  on 
such  day  as  the  governor  shall  appoint;  but  thereafter,  the  time, 
place,  and  manner  of  holding  and  conducting  all  elections  by  the 
people,  and  the  apportioning  the  representation  in  the  several  counties 
and  districts  to  the  council  and  house  of  representatives,  according  to 
the  population,  shall  be  prescribed  by  law,  as  well  as  the  day  of  the 
commencement  of  the  regular  sessions  of  the  legislative  assembly: 
Provided^  That  no  one  session  shall  exceed  the  term  of  forty  days, 
except  the  first,  which  may  be  extended  to  sixty  days,  but  no  longer. 

Sec.  5.  And  he  it  further  enacted^  That  everv  free  white  male 
inhabitant  of  the  United  States  above  the  age  or  twenty-one  years, 
who  shall  have  been  a  resident  of  said  Territory  at  the  time  of  the 
passage  of  this  act,  shall  be  entitled  to  vote  at  the  first  election,  and 


2848  North  Dakota— 1861 

shall  be  eligible  to  any  office  within  the  said  Territory ;  but  the  quali- 
fications of  voters  and  of  holding  office  at  all  subsequent  elections 
shall  be  such  as  shall  be  prescribed  by  the  legislative  assembly :  Pro- 
rided^  That  the  right  of  suffrage  and  of  holding  office  shall  be  exer- 
cised only  by  citizens  of  the  United  States  and  those  who  shall  have 
declared  on  oath  their  intention  to  become  such,  and  shall  have  taken 
an  oath  to  support  the  Constitution  of  the  United  States. 

Sec.  6.  And  he  it  further  enacted.  That  the  legislative  power  of  the 
Territory  shall  extend  to  all  rightful  subjects  of  legislation  consist- 
ent with  the  Constitution  of  the  United  States  and  the  provisions  of 
this  act;  but  no  law  shall  be  passed  interfering  with  the  primary 
disposal  of  the  soil;  no  tax  shall  be  imposed  upon  the  j^roperty  of 
the  United  States ;  nor  shall  the  lands  or  other  property  of  non-resi- 
dents be  taxed  higher  than  the  lands  or  other  property  of  residents; 
nor  shall  any  law  be  passed  impairing  the  rights  of  private  property; 
nor  shall  any  discrimination  be  made  in  taxing  different  kinds  of 
property;  but  all  property  subject  to  taxation  shall  be  in  proportion 
to  the  value  of  the  property  taxed. 

Sec.  7.  And  he  it  further  enacted^  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 
or  elected,  as  the  case  may  be,  in  such  manner  as  shall  be  provided 
by  the  governor  and  legislative  assembly  of  the  Territory.  The  gov- 
ernor shall  nominate  and,  by  and  with  the  advice  and  consent  of  the 
legislative  council,  appoint  all  officers  not  herein  otherwise  provided 
for;  and,  in  the  first  instance,  the  governor  alone  may  appoint  all 
said  officers,  who  shall  hold  their  offices  until  the  end  of  the  first  ses- 
sion of  the  legislative  assembly,  and  shall  lay  off  the  necessary  dis- 
tricts for  members  of  the  council  and  house  of  representatives,  and 
all  other  officers. 

Sec.  8.  And  he  it  further  enacted^  That  no  member  of  the  legis- 
lative assembly  shall  hold  or  be  appointed  to  any  office  which  shall 
have  been  created,  or  the  salary  or  emoluments  of  which  shall  have 
been  increased  while  he  was  a  member,  during  the  term  for  which 
he  was  elected,  and  for  one  year  after  the  expiration  of  such  term; 
and  no  person  holding  a  commission  or  appointment  under  the  United 
States,  except  postmasters,  shall  be  a  member  of  the  legislative  assem- 
bly, or  shall  hold  any  office  under  the  government  of  said  Territory. 

Sec.  9.  And  he  it  further  enacted^  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  supreme  court,  district  courts,  probate 
courts,  and  in  justices  of  the  peace.  The  supreme  court  shall  consist 
of  a  chief -justice  and  two  associate  justices,  any  two  of  whom  shall 
constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  gov- 
ernment of  said  Territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years.  The  said  Territory  shall  be  divided 
into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each 
of  said  districts  by  one  of  the  justices  of  the  supreme  court,  at  such 
time  and  place  as  may  be  prescribed  by  law;  and  the  said  judges 
shall,  after  their  appointments,  respectively,  reside  in  the  districts 
which  shall  be  assigned  them.  The  jurisdiction  of  the  several  courts 
herein  provided  for,  both  appellate  and  original,  and  that  of  the 
probate  courts  and  of  the  justices  of  the  peace,  shall  be  as  limited 
by  law:  Provided^  That  justices  of  the  peace  shall  not  have  jurisdic- 
tion of  any  matter  in  controversy  when  the  title  or  boundaries  of 


I 


North  Dakota— 1861  2849 

land  may  be  in  dispute,  or  when  the  debt  or  sum  claimed  shall  exceed 
one  hundred  dollars;  and  the  said  supreme  district  courts,  respec- 
tively, shall  possess  chancery  as  well  as  common-law  jurisdiction,  and 
authority  for  redress  of  all  wrongs  committed  against  the  Constitu- 
tion or  laws  of  the  United  States,  or  of  the  Territory,  affecting  per- 
sons or  property.  Each  district  court,  or  the  judge  thereof,  shall 
appoint  its  clerk,  who  shall  also  be  the  register  in  chancery,  and 
shall  keep  his  office  at  the  place  where  the  court  may  be  held.  Writs 
of  error,  bills  of  exception,  and  appeals,  shall  be  allowed  in  all  cases 
from  the  final  decisions  of  said  district  courts  to  the  supreme  court, 
under  such  regulations  as  may  be  prescribed  by  law ;  but  in  no  case 
removed  to  the  supreme  court  shall  trial  by  jury  be  allowed  in  said 
court.  The  supreme  court,  or  the  justices  thereof,  shall  appoint  its 
own  clerk,  and  every  clerk  shall  hold  his  office  at  the  pleasure  of  the 
court  for  which  he  shall  have  been  appointed.  Writs  of  error  and 
appeals  from  the  final  decisions  of  said  supreme  court  shall  be 
allowed,  and  may  be  taken  to  the  Supreme  Court  of  the  United 
States,  in  the  same  manner  and  under  the  same  regulations  as  from  the 
circuit  courts  of  the  United  States,  where  the  value  of  the  property, 
or  the  amount  in  controversy,  to  be  ascertained  by  the  oath  or  affirma- 
tion of  either  party,  or  other  competent  witness,  shall  exceed  one 
thousand  dollars;  and  each  of  the  said  district  courts  shall  have 
and  exercise  the  same  jurisdiction,  in  all  cases  arising  under  the  Con- 
stitution and  laws  of  the  United  States  as  is  vested  in  the  circuit  and 
district  courts  of  the  United  States;  and  the  said  supreme  and  dis- 
trict courts  of  the  said  Territory,  and  the  respective  judges  thereof, 
shall  and  may  grant  writs  of  habeas  corpus  in  all  cases  in  which  the 
same  are  grantable  by  the  judges  of  the  United  States  in  the  District 
of  Columbia ;  and  the  first  six  days  of  every  term  of  said  courts,  or 
so  much  thereof  as  shall  be  necessary,  shall  be  appropriated  to  the 
trial  of  causes  arising  under  the  said  Constitution  and  laws;  and 
writs  of  error  and  appeals  in  all  such  cases  shall  be  made  to  the 
supreme  court  of  said  Territory  the  same  as  in  other  cases.  The  sa  id 
clerk  shall  receive,  in  all  such  cases,  the  same  fees  which  the  clerks 
of  the  district  courts  of  Nebraska  Territory  now  receive  for  similar 
services. 

Sec.  10.  And  be  it  further  enacted,  That  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  unless  sooner  removed  by  the  President,  and  who  shall  receive 
the  same  fees  and  salary  as  the  attorney  of  the  United  States  for  the 
present  Territory  of  Nebraska.  There  shall  also  be  a  marshal  for  the 
Territory  appointed,  who  shall  hold  his  office  for  four  years,  unless 
sooner  removed  by  the  President,  and  who  shall  execute  all  processes 
issuing  from  the  said  courts  when  exercising  their  jurisdiction  as 
circuit  and  district  courts  of  the  United  States ;  he  shall  perform  the 
duties,  be  subject  to  the  same  regulations  and  penalties,  and  be  enti- 
tled to  the  same  fees  as  the  marshal  of  the  district  court  of  the 
United  States  for  the  present  Territory  of  Nebraska,  and  shall,  in 
addition,  be  paid  two  hundred  dollars  annually  as  a  compensation  for 
extra  services. 

Sec.  11.  And  he  it  further  enacted,  That  the  governor,  secretary, 
chief  justice  and  associate  justices,  attorney,  and  marshal,  shall  be 
nominated  and,  by  and  with  the  advice  and  consent  of  the  Senate, 


2850  North  Dakota— 1861 

appointed  by  the  President  of  the  United  States.  The  governor  and 
secretary  to  be  appointed  as  aforesaid  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  affirmation  before  the  district  judge,  or 
some  justice  of  the  peace  in  the  limits  of  the  said  Territory  duly 
authorized  to  administer  oaths  and  affirmations  by  the  laws  now  in 
force  therein,  or  before  the  chief  justice  or  some  associate  justice  of 
the  Supreme  Court  of  the  United  States,  to  support  the  Constitution 
of  the  United  States  and  faithfully  to  discharge  the  duties  of  their 
respective  offices;  which  said  oaths,  when  so  taken,  shall  be  certified 
by  the  person  by  whom  the  same  shall  have  been  taken;  and  such 
certificates  shall  be  received  and  recorded  by  the  secretary  among  the 
executive  proceedings;  and  the  chief  justice  and  associate  justices, 
and  all  other  civil  officers  in  said  Territory,  before  they  act  as  such, 
shall  take  a  like  oath  or  affirmation  before  the  said  governor  or  secre- 
tary, or  some  judge  or  justice  of  the  peace  of  the  Territory  who  may 
be  duly  commissioned  and  qualified,  which  said  oath  or  affirmation 
shall  be  certified  and  transmitted  by  the  person  taking  the  same  to 
the  secretary,  to  be  by  him  recorded  as  aforesaid;  and  afterwards  the 
like  oath  or  affirmation  shall  be  taken,  certified,  and  recorded  in  such 
man(n)er  and  form  as  may  be  prescribed  by  law.  The  governor 
shall  receive  an  annual  salary  of  fifteen  hundred  dollars  as  governor, 
and  one  thousand  dollars  as  superintendent  of  Indian  affairs;  the 
chief  justice  and  associate  justices  shall  each  receive  an  annual  salary 
of  eighteen  hundred  dollars ;  the  secretary  shall  receive  an  annual  sal- 
ary of  eighteen  hundred  dollars.  The  said  salary  shall  be  paid  quarter- 
yearly  at  the  Treasury  of  the  United  States.  The  members  of  the 
legislative  assembly  shall  be  entitled  to  receive  three  dollars  each  per 
day  during  their  attendance  at  the  session  thereof,  and  three  dollars 
for  every  twenty  miles'  travel  in  going  to  and  returning  from  said 
sessions,  estimated  according  to  the  nearest  usually  travelled  route. 
There  shall  be  appropriated  annually  the  sum  of  one  thousand  dollars, 
to  be  expended  by  the  governor  to  defray  the  contingent  expenses  of 
the  Territory.  There  shall  also  be  appropriated  annually  a  sufficient 
sum  to  be  expended  by  the  secretary  of  the  Territory  and  upon  an 
estimate  to  be  made  by  the  Secretary  of  the  Treasury  of  the  United 
States,  to  defray  the  expenses  of  the  legislative  assembly,  the  printing 
of  the  laws,  and  other  incidental  expenses;  and  the  secretary  of  the 
Territory  shall  annually  account  to  the  Secretary  of  the  Treasury  of 
the  United  States  for  the  manner  in  which  the  aforesaid  sum  shall 
have  been  expended. 

Sec.  12.  And  he  it  further  enacted ^^  That  the  legislative  assembly  of 
the  Territory  of  Dakota  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  governor  thereof  shall  appoint  and 
direct;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  governor  and  legislative  assembly  shall  proceed 
to  locate  and  establish  the  seat  of  government  for  said  Territory  at 
such  place  as  they  may  deem  eligible;  which  place,  however,  shall 
thereafter  be  subject  to  be  changed  by  the  said  governor  and  legis- 
lative assembly. 

Sec.  13.  And  he  it  further  enacted^  That  a  delegate  to  the  House  of 
Eepresentatives  of  the  United  States,  to  serve  during  each  Congress 
of  the  United  States,  may  be  elected  by  the  voters,  qualified  to  elect 
members  of  the  legislative  assembly,  who  shall  be  entitled  to  the  same 


k 


North  Dakota— 1861  2851 

rights  and  privileges  as  are  exercised  and  enjoyed  by  the  delegates 
from  the  several  other  Territories  of  the  United  States  to  the  said 
House  of  Representatives.  The  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner,  as  the  governor 
shall  appoint  and  direct;  and  at  all  subsequent  elections,  the  times, 
places,  and  manner  of  holding  elections  shall  be  prescribed  by  law. 
The  person  having  the  greatest  number  of  votes  shall  be  declared  by 
the  governor  to  be  duly  elected,  and  a  certificate  thereof  shall  be  given 
accordingly. 

Sec.  14.  And  he  it  further  enacted.,  That  when  the  land  in  said 
Territory  shall  be  surveyed,  under  the  direction  of  the  government 
of  the  United  States,  preparatory  to  bringing  the  same  into  market, 
sections  numbered  sixteen  and  thirty-six  in  each  township  in  said 
Territory  shall  be,  and  the  same  are  hereby,  reserved  for  the  purpose 
of  being  applied  to  schools  in  the  States  hereafter  to  be  erected  out  of 
the  same. 

Sec.  15.  And  he  it  further  enacted.,  That  temporarily,  and  until 
otherwise  provided  by  law,  the  governor  of  said  Territory  may  define 
the  judicial  districts  of  said  Territory  and  assign  the  judges  who  may 
be  appointed  for  said  Territory  to  the  several  districts,  and  also 
appoint  the  times  and  places  for  holding  courts  in  the  several  counties 
or  subdivisions  in  each  of  said  judicial  districts  by  proclamation  to 
be  issued  by  him;  but  the  legislative  assembly,  at  their  first  or  any 
subsequent  session,  may  organize,  alter,  or  modify  such  judicial  dis- 
tricts, and  assign  the  judges,  and  alter  the  times  and  places  of  holding 
the  courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  1().  And  he  it  further  enacted..  That  the  Constitution  and  all 
laws  of  the  United  States  which  are  not  locally  inapplicable  shall 
have  the  same  force  and  effect  within  the  said  Territory  of  Dakota 
as  elsewhere  within  the  United  States. 

Sec.  17.  And  he  it  further  enacted..  That  the  President  of  the 
United  States,  by  and  with  the  advice  and  consent  of  the  Senate,  shall 
be,  and  he  is  hereby,  authorized  to  appoint  a  surveyor-general  for 
Dakota,  who  shall  locate  his  office  at  such  place  as  the  Secretary  of 
the  Interior  shall  from  time  to  time  direct,  and  whose  duties,  powers, 
obligations,  responsibilities,  compensation,  and  allowances  for  clerk 
hire,  office  rent,  fuel,  and  incidental  expenses,  shall  be  the  same  as 
those  of  the  surveyor-general  of  Nebraska  and  Kansas,  under  the 
direction  of  the  Secretary  of  the  Interior,  and  such  instructions  as 
he  may  from  time  to  time  deem  it  advisable  to  give  him. 

Sec.  18.  And  he  it  further  enacted.,  That  so  much  of  the  public 
lands  of  the  United  States  in  the  Territory  of  Dakota,  west  of  its 
eastern  boundary  and  east  and  north  of  the  Niobrara,  or  Running 
Water  river,  be  formed  into  a  land  district,  to  be  called  the  Yancton 
district,  at  such  time  as  the  President  may  direct,  the  land  office  for 
which  shall  be  located  at  such  point  as  the  President  may  direct,  and 
shall  be  removed  from  time  to  time  to  other  points  within  said  dis- 
trict whenever,  in  his  opinion,  it  may  be  expedient. 

Sec.  19.  And  he  it  further  enacted..  That  the  President  be,  and  he 
is  hereby,  authorized  to  appoint,  by  and  with  the  advice  und  consent 
of  the  Senate,  a  register  and  receiver  for  said  district,  who  shall 
respectively  be  required  to  reside  at  the  site  of  said  office,  and  who 
shall  have  the  same  powers,  perform  the  same  duties,  and  be  entitled 

7254— VOL  5—09 21 


2852  '     North  Dakota— 1889 

to  the  same  compensation,  as  are  or  may  be  prescribed  by  law  in 
relation  to  other  land-offices  of  the  United  States. 

Sec.  20.  And  he  it  further  enacted,  That  the  river  in  said  Territory 
heretofore  known  as  the  "  River  aux  Jacques,"  or  "  James  river,"  shall 
hereafter  be  called  the  Dakota  river. 

Sec.  21.  And  he  it  further  enacted,  That,  until  Congress  shall  other- 
wise direct,  that  portion  of  the  Territories  of  Utah  and  Washington 
between  the  forty-first  and  forty-third  degrees  of  north  latitude,  and 
east  of  the  thirty-third  meridian  of  longitude  west  from  Washing- 
ton, shall  be,  and  is  hereby,  incorporated  into  and  made  a  part  of  the 
Territory  of  Nebraska. 

Approved,  March  2,  1861. 


ENABLING  ACT  FOR  NORTH  DAKOTA— 1889 

(See  Montana,  p.  2281.) 


PROCLAMATION  ANNOUNCING  ADMISSION  OF  NORTH  DAKOTA— 

1889 

By  the  President  of  the  United  States  or  America 

A  PROCLAMATION 

Whereas  the  Congress  of  the  United  States  did  by  an  act  approved 
on  the  twenty-second  day  of  February  one  thousand  eight  hundred 
arid  eighty-nine  provide  that  the  inhabitants  of  the  Territory  of 
Dakota  might,  upon  the  conditions  prescribed  in  said  act  become  the 
States  of  North  Dakota  and  South  Dakota ; 

And  whereas  it  was  provided  by  said  act  that  the  area  comprising 
the  Territory  of  Dakota  should,  for  the  purposes  of  the  act,  be 
divided  on  the  line  of  the  seventh  standard  parallel  produced  due 
west  to  the  western  boundary  of  said  Territory  and  that  the  delegates 
elected  as  therein  provided  to  the  Constitutional  convention  in  dis- 
tricts north  of  said  parallel  should  assemble  in  convention,  at  the 
time  prescribed  in  the  act,  at  the  city  of  Bismarck ; 

And  whereas  it  was  provided  by  the  said  act  that  the  delegates 
elected  as  aforesaid  should,  after  they  had  met  and  organized,  de- 
clare on  behalf  of  the  people  of  North  Dakota,  that  they  adopt  the 
Constitution  of  the  United  States;  whereupon  the  said  convention 
should  be  authorized  to  form  a  constitution  and  State  Government 
for  the  proposed  State  of  North  Dakota ; 

And  whereas  it  was  provided  by  said  act  that  the  Constitution  so 
adopted  should  be  republican  in  form  and  make  no  distinction  in 
civil  or  political  rights  on  account  of  race  or  color,  except  as  to  In- 
dians not  taxed,  and  not  be  repugnant  to  the  Constitution  of  the 
United  States  and  the  principles  of  the  Declaration  of  Independence ; 
and  Ihat  the  Convention  should,  by  an  ordinance  irrevocable  without 
the  consent  of  the  United  States  and  the  people  of  said  States,  make 
certain  provisions  prescribed  in  said  act ; 

And  whereas  it  was  provided  by  said  act  that  the  Constitutions,  of 
North  Dakota  and  South  Dakota  should,  respectively,  incorporate 


North  Dakota— 1889  2853 

an  agreement  to  be  reached  in  accordance  with  the  provision  of  the 
act,  for  an  equitable  division  of  all  property  belonging  to  the  Terri- 
tory of  Dakota,  the  disposition  of  all  public  records,  and  also  for 
the  apportionment  of  the  debts  and  liabilities  of  said  Territory,  and 
that  each  of  said  States  should  obligate  itself  to  pay  its  proportion 
of  such  debts  and  liabilities  the  same  as  if  they  had  been  created  by 
such  States  respectively ; 

And  whereas  it  was  provided  by  said  act  that  the  Constitution  thus 
formed  for  the  people  of  North  Dakota  should,  by  an  ordinance  of 
the  Convention  forming  the  same,  be  submitted  to  the  people  of 
North  Dakota  at  an  election  to  be  held  therein  on  the  first  Tuesday 
in  October,  eighteen  hundred  and  eighty-nine,  for  ratification  or 
rejection  by  the  qualified  voters  of  said  proposed  State  and  that  the 
returns  of  said  election  should  be  made  to  the  Secretary  of  the  Ter- 
ritory of  Dakota,  who,  with  the  Governor,  and  Chief  Justice  thereof, 
or  any  two  of  them,  should  canvass  the  same;  and  if  d  majority  of 
the  legal  votes  cast  should  be  for  the  Constitution,  the  Governor 
should  certify  the  result  to  the  President  of  the  United  States, 
together  with  a  statement  of  the  votes  cast  thereon,  and  upon  separate 
articles  or  propositions  and  a  copy  of  said  Constitution,  articles, 
propositions  and  ordinances; 

And  whereas  it  has  been  certified  to  me  by  the  Governor  of  the 
Territory  of  Dakota  that  within  the  time  prescribed  by  said  act  of 
Congress  a  Constitution  for  the  proposed  State  of  North  Dakota  has 
been  adopted  and  the  same  ratified  by  a  majority  of  the  qualified 
voters  of  said  proposed  State  in  accordance  with  the  conditions  pre- 
scribed in  said  act; 

And  whereas  it  is  also  certified  to  me  by  the  said  Governor  that  at 
the  same  time  that  the  body  of  said  Constitution  was  submitted  to  a 
vote  of  the  people,  a  separate  article,  numbered  twenty  and  entitled 
"  Prohibition,"  was  also  submitted  and  received  a  majority  of  all  the 
votes  cast  for  and  against  said  article  as  well  as  a  majority  of  all  the 
votes  cast  for  and  against  the  Constitution,  and  was  adopted. 

And  whereas  a  duly  authenticated  copy  of  said  Constitution,  arti- 
cle, ordinances  and  propositions,  as  required  by  said  act  has  been 
received  by  me : 

Now,  therefore,  I,  Benjamin  Harrison,  President  of  the  United 
States  of  America,  do,  in  accordance  with  the  provisions  of  the  act  of 
Congress  aforesaid,  declare  and  proclaim  the  fact  that  the  conditions 
imposed  by  Congress  on  the  State  of  North  Dakota  to  entitle  that 
State  to  admission  to  the  Union  have  been  ratified  and  accepted  and 
that  the  admission  of  the  said  State  into  the  Union  is  now  complete. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  second  day  of  November,  in 
the  year  of  our   Lord   one  thousand   eight  hundred   and 
[seal.]     eighty-nine,  and  of  the  Independence  of  the  United  States 
of  America  the  one  hundred  and  fourteenth. 

Benj.  Harrison. 

By  the  President : 

James  G.  Blaine, 

Secretary  of  State, 


2854  North  Dakota— 1889 


CONSTITUTION  OF  NORTH  DAKOTA— 1889  *  « 

We,  the  people  of  North  Dakota,  grateful  to  Almighty  God  for 
the  blessings  of  civil  and  religious  liberty,  do  ordain  and  establish 
this  constitution. 

Article  1 
declaration  of  rights 

§  1.  All  men  are  by  nature  equally  free  and  independent  and  have 
certain  inalienable  rights,  among  which  are  those  of  enjoying  and 
defending  life  and  liberty;  acquiring,  possessing  and  protecting 
property  and  reputation;  and  pursuing  and  obtaining  safety  and 
happiness. 

§  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  the  protection,  security  and  benefit  of  the  people, 
and  they  have  a  right  to  alter  or  reform  the  same  whenever  the  public 
good  may  require. 

§  3.  The  State  of  North  Dakota  is  an  inseparable  part  of  the 
American  union  and  the  constitution  of  the  United  States  is  the 
supreme  law  of  the  land. 

§  4.  The  free  exercise  and  enjoyment  of  religious  profession  and 
worship,  without  discrimination  or  preference  shall  be  forever  guar- 
anteed in  this  state,  and  no  person  shall  be  rendered  incompetent  to 
be  a  witness  or  juror  on  account  of  his  opinion  on  matters  of  religious 
belief;  but  the  liberty  of  conscience  hereby  secured  shall  not  be 
so  construed  as  to  excuse  acts  of  licentiousness,  or  justify  practices 
inconsistent  with  the  peace  or  safety  of  this  state. 

§  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless  when  in  case  of  rebellion  or  invasion,  the  public  safety 
may  require. 

§  6.  All  persons  shall  be  bailable  by  sufficient  sureties,  unless  for 
capital  offenses  when  the  proof  is  evident  or  the  presumtion  great. 
Excessive  bail  shall  not  be  required,  nor  excessive  fines  imposed,  nor 
shall  cruel  or  unusual  punishments  be  inflicted.     Witnesses  shall  not 

*  Verified  from  copy  sent  by  the  Secretary  of  State  cf  North  Dakota,  March 
28,  1907.     (N.  d.;  no  title  page,  Editor.) 

The  Convention  which  formed  this  Constitution  assembled  at  Bismarck,  July 
4,  1880,  adjourned,  August  17,  1889,  and  was  adopted  by  popular  vote,  October 
1,  1889.    For  the  Constitution,  27.441 ;  against  the  Constitution,  8,107. 

"  Journal  of  the  Constitutional  Convention  for  North  Dakota  held  at  Bis- 
marck, Thursday,  July  4,  to  Aug.  17,  1889,  together  with  the  enabling  act  of 
Congress  and  the  Proceedings  of  the  joint  commission  appointed  for  the  ecpiita- 
ble  division  of  Territorial  Property,  Bismarck,  North  Dakota :  Tribune,  State 
Printers  and  Binders,  1889,"  pp.  400.     Ap.  "A,"  ;    "  B  "  ;    Index. 

Oflicial  Report  of  the  Proceedings  and  Debates  of  the  First  Constitutional 
Convention  of  North  Dakota,  assembled  in  the  City  of  Bismarck,  July  4th  to 
Aug.  17th,  1889.  R.  M.  Tuttle,  Official  Stenographer,  Bismarck,  North  Dakota : 
Tribune,  State  Printers  and  Binders,  1889,"  pp.  935,  Constitution,  pp.  XLIX. 
Index. 

See  also,  "  Journal  of  the  Proceedings  of  the  Constitutional  Convention  Held 
under  Act  of  the  Legislature  at  Sioux  Falls,  Dakota,  September,  1885.  Printed 
at  the  office  of  S.  T.  Clover,  Sioux  Falls  Leader,  Sioux  Falls,  Dak,"  pp.  77, 
folio.  For  Proceedings  and  Debates  in  this  Convention  see  "  Bismarck  Daily 
Tribune,  July  4th  to  Aug.  5th,  1889. 

oAdopted  October  1,  1889 ;   yeas,  27,441 ;  nays,  8,107. 


\ 


North  Dakota— 1889  2855 

be  unreasonably  detained,  nor  be  confined  in  any  room  where  crimi- 
nals are  actually  imprisoned. 

§  7.  The  right  of  trial  by  jury  shall  be  secured  to  all,  and  remain 
inviolate;  but  a  jury  in  civil  cases,  in  courts  not  of  record,  may  con- 
sist of  less  than  twelve  men,  as  may  be  prescribed  by  law. 

§  8.  Until  otherwise  provided  by  law,  no  person  shall,  for  a  felony, 
be  proceeded  against  criminally,  otherwise  than  by  indictment,  except 
in  cases  arising  in  the  land  or  naval  forces,  or  in  the  militia  when 
in  actual  service  in  time  of  war  or  public  danger.  In  all  other  cases, 
offenses  shall  be  prosecuted  criminally  by  indictment  or  information. 
The  legislative  assembly  may  change,  regulate  or  abolish  the  grand 
jury  system. 

i^  9.  Every  man  may  freely  write,  speak  and  publish  his  opinions 
on  all  subjects,  being  responsible  for  the  abuse  of  that  privilege. 
In  all  civil  and  criminal  trials  for  libel  the  truth  may  be  given  in 
evidence,  and  shall  be  a  sufficient  defense  when  the  matter  is  pub- 
lished with  good  motives  and  for  jusitfiable  ends;  and  the  jury  shall 
have  the  same  power  of  giving  a  general  A^erdict  as  in  other  cases; 
and  in  all  indictments  or  informations  for  libels  the  jury  shall  have 
the  right  to  determine  the  law  and  the  facts  under  the  direction  of 
the  court  as  in  other  cases. 

§  10.  The  citizens  have  a  right,  in  a  peaceable  manner,  to  assemble 
together  for  the  common  good,  and  to  apply  to  those  invested  with 
the  powers  of  government  for  the  redress  of  grievances,  or  for  other 
proper  purposes,  by  petition,  address  or  remonstrance. 

§  11.  All  laws  of  a  general  nature  shall  have  a  uniform  operation. 

§  12.  The  military  shall  be  subordinate  to  the  civil  power.  No 
standing  army  shall  be  maintained  by  this  state  in  time  of  peace,  and 
no  soldiers  shall,  in  time  of  peace,  be  quartered  in  any  house  without 
the  consent  of  the  owner ;  nor  in  time  of  war,  except  in  the  manner 
prescribed  by  law. 

§  13.  In  criminal  prosecutions  in  any  court  whatever,  the  party 
accused  shall  have  the  right  to  a  speedy  and  public  trial;  to  have 
the  process  of  the  court  to  compel  the  attendance  of  witnesses  in  his 
behalf;  and  to  appear  and  defend  in  person  and  with  counsel.  No 
person  shall  be  twice  put  in  jeopardy  for  the  same  offense,  nor  be  com- 
pelled in  any  criminal  case  to  be  a  witness  against  himself,  nor  be 
deprived  of  life,  liberty  or  property  without  due  process  of  law. 

§  14.  Private  property  shall  not  be  taken  or  damaged  for  public 
use  without  just  compensation  having  been  first  made  to,  or  paid 
into  court  for  the  owner,  and  no  right  of  way  shall  be  appropriated 
to  the  use  of  any  corporation,  other  than  municipal,  until  full  com- 
pensation therefor  be  first  made  in  money  or  ascertained  and  paid  into 
court  for  the  owner,  irrespective  of  any  benefit  from  any  improvement 
proposed  by  such  corporation,  which  compensation  shall  be  ascer- 
tained by  a  jury,  unless  a  jury  be  waived. 

§  15.  No  person  shall  be  imprisoned  for  debt  unless  upon  refusal  to 
deliver  up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed  by  law;  or  in  cases  of  tort;  or  where  there  is 
strong  presumption  of  fraud. 

§  16.  No  bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligations  of  contracts  shall  ever  be  passed. 

§  17.  Neither  slavery  nor  involuntary  servitude,  unless  for  the  pun- 
ishment of  crime,  shall  ever  be  tolerated  in  this  state. 


2856  North  Dakota— 1889 

§  18.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seiz.ures,  shall 
not  be  violated ;  and  no  warrant  shall  issue  but  upon  probable  cause, 
supported  by  oath  or  affirmation,  particularly  describing  the  place  to 
be  searched  and  the  persons  and  things  to  be  seized. 

§  19.  Treason  against  the  state  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies  or  giving  them  aid  and  comfort. 
No  person  shall  be  convicted  of  treason  unless  6n  the  evidence  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

§  20.  No  special  privileges  or  immunities  shall  ever  be  granted 
which  may  not  be  altered,  revoked  or  repealed  by  the  legislative 
assembly;  nor  shall  any  citizen  or  class  of  citizens  be  granted  privi- 
leges or  immunities  which  upon  the  same  terms  shall  not  be  granted 
to  all  citizens. 

§  21.  The  provisions  of  this  constitution  are  mandatory  and  pro- 
hibitory unless,  by  express  words,  they  are  declared  to  be  otherwise. 

§  22.  All  courts  shall  be  open,  and  every  man  for  any  injury  done 
him  in  his  lands,  goods,  person  or  reputation  shall  have  remedy  by 
due  process  of  law,  and  right  and  justice  administered  without  sale, 
denial  or  delay.  Suits  may  be  brought  against  the  state  in  such 
manner,  in  such  courts,  and  in  such  cases,  as  the  legislative  assembly 
may,  by  law,  direct. 

§  23.  Every  citizen  of  this  state  shall  be  free  to  obtain  employ- 
ment w^herever  possible,  and  any  person,  corporation,  or  agent 
thereof,  maliciously  interfering  or  hindering  in  any  way,  any  citizen 
from  obtaining  or  enjoying  employment  already  obtained,  from  any 
other  corporation  or  person,  shall  be  deemed  guilty  of  a  misdemeanor. 

§  24.  To  guard  against  transgressions  of  the  high  powers  which 
we  have  delegated,  Ave  declare  that  everything  in  this  article  is 
excepted  out  of  the  general  powers  of  government  and  shall  forever 
remain  inviolate. 

Article  2 
the  legislative  department 

§  25.  The  legislative  power  shall  be  vested  in  a  senate  and  house  of 
representatives. 

§  26.  The  senate  shall  be  composed  of  not  less  than  thirty  nor  more 
than  fifty  members. 

§  27.  Senators  shall  be  elected  for  the  term  of  four  years,  except  as 
hereinafter  provided. 

§  28.  No  person  shall  be  a  senator  who  is  not  a  qualified  elector  in 
the  district  in  which  he  may  be  chosen,  and  who  shall  not  have 
attained  the  age  of  twenty-five  years,  and  have  been  a  resident  of  the 
state  or  territory  for  two  years  next  preceding  his  election. 

§  29.  The  legislative  assembly  shall  fix  the  number  of  senators,  and 
divide  the  state  into  as  many  senatorial  districts  as  there  are  senators, 
which  districts  as  nearly  as  may  be,  shall  be  equal  to  each  other  in 
the  number  of  inhabitants  entitled  to  representation.  Each  district 
shall  be  entitled  to  one  senator  and  no  more,  and  shall  be  composed 
of  compact  and  contiguous  territory ;  and  no  portion  of  any  county 
shall  be  attached  to  any  other  county,  or  part  thereof,  so  as  to  form  a 
district.  The  districts  as  thus  ascertained  and  determined  shall 
continue  until  changed  by  law. 


b 


North  Dakota— 1889  2857 

§  30.  The  senatorial  districts  shall  be  numbered  consecutively  from 
one  upwards,  according  to  the  number  of  districts  prescribed,  and  the 
senators  shall  be  divided  into  two  classes.  Those  elected  in  the  dis- 
tricts designated  by  even  numbers  shall  constitute  one  class,  and  those 
elected  in  districts  designated  by  odd  numbers  shall  constitute  the 
other  class.  The  senators  of  one  class  elected  in  the  year  1890  shall 
hold  their  office  for  two  years,  those  of  the  other  class  shall  hold  their 
office  four  years,  and  the  determination  of  the  two  classes  shall  be  by 
lot,  so  that  one-half  of  the  senators,  as  nearly  as  practicable,  may  be 
elected  biennially. 

§  31.  The  senate,  at  the  beginning  and  close  of  each  regular  session, 
and  at  such  other  times  as  may  be  necessary,  shall  elect  one  of  its 
members  president  pro  tempore,  who  may  take  the  place  of  the 
lieutenant  governor  under  rules  prescribed  by  law. 

§  32.  The  house  of  representatives  shall  be  composed  of  not  less 
than  sixty,  nor  more  than  one  hundred  and  forty  members. 

§  33.  Representatives  shall  be  elected  for  the  term  of  two  years. 

§  34.  No  person  shall  be  a  representative  who  is  not  a  qualified 
elector  in  the  district  from  which  he  may  be  chosen,  and  who  shall 
not  have  attained  the  age  of  twenty-one  years,  and  have  been  a  resi- 
dent of  the  state  or  territory  for  two  years  next  preceding  his 
election. 

§  35.  The  members  of  the  house  of  representatives  shall  be  appor- 
tioned to  and  elected  at  large  from  each  senatorial  district.  The 
legislative  assembly  shall,  in  the  year  1895,  and  every  tenth  year, 
cause  an  enumeration  to  be  made  of  all  the  inhabitants  of  this  state, 
and  shall  at  its  first  regular  session  after  each  enumeration,  and  also 
after  each  federal  census,  proceed  to  fix  by  law  the  number  of  sena- 
tors, which  shall  constitute  the  senate  of  North  Dakota,  and  the 
lumiber  of  representatives  which  shall  constitute  the  house  of  repre- 
sentatives of  North  Dakota,  within  the  limits  prescribed  by  this 
constitution  and  at  the  same  session  shall  proceed  to  reapportion  the 
state  into  senatorial  districts,  as  prescribed  by  this  constitution,  and  to 
fix  the  number  of  members  of  the  house  of  representatives  to  be 
elected  from  the  several  senatorial  districts;  provided,  that  the  leg- 
islative assembly  may  at  any  regular  session,  redistrict  the  state  into 
senatorial  districts,  and  apportion  the  senators  and  representatives 
respectively. 

§  36.  The  house  of  representatives  shall  elect  one  of  its  members  as 
speaker. 

§  37.  No  judge  or  clerk  of  any  court,  secretary  of  state,  attorney 
general,  register  of  deeds,  sheriff  or  person  holding  any  office  of  profit 
under  this  state,  except  in  the  militia  or  the  office  of  attorney  at  law, 
notary  public  or  justice  of  the  peace,  and  no  person  holding  any  office 
of  profit  or  honor  under  any  foreign  government,  or  under  the  gov- 
ernment of  the  United  States,  except  postmasters  whose  annual  com- 
pensation does  not  exceed  the  sum  of  three  hundred  dollars,  shall  hold 
any  office  in  either  branch  of  the  legislative  assembly  or  become  a, 
member  thereof. 

§  38.  No  member  of  the  legislative  assembljr,  expelled  for  corrup- 
tion, and  no  person  convicted  of  bribery,  perjury  or  other  infamous 
crime,  shall  be  eligible  to  the  legislative  assembly,  or  to  any  office  in 
either  branch  thereof. 


2858  North  Dakota— 1889 

§  39.  No  member  of  the  legislative  assembly  shall,  during  the  term 
for  which  he  was  elected,  be  appointed  or  elected  to  any  civil  office  in 
this  state,  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  the  term  for  which  he  was  elected ; 
nor  shall  any  member  receive  any  civil  appointment  from  the  governor, 
or  governor  and  senate,  during  the  term  for  which  he  shall  have  been 
elected. 

§  40.  If  any  person  elected  to  either  house  of  the  legislative  assem- 
bly shall  offer  or  promise  to  give  his  vote  or  influence,  in  favor  of,  or 
against  any  measures  or  proposition  pending  or  proposed  to  be  intro- 
duced into  the  legislative  assembly,  in  consideration,  or  upon  condi- 
tions, that  any  other  person  elected  to  the  same  legislative  assembly 
will  give,  or  will  promise  or  assent  to  give,  his  vote  or  influence  in 
favor  of  or  against  any  other  measure  or  proposition,  pending  or  pro- 
posed to  be  introduced  into  such  legislative  assembly,  the  person  mak- 
ing such  offer  or  promise  shall  be  deemed  guilty  of  solicitation  of 
bribery.  If  any  member  of  the  legislative  assembly  shall  give  his 
vote  or  influence  for  or  against  any  measure  or  proposition,  pending  or 
proposed  to  be  introduced  into  such  legislative  assembly,  or  offer, 
promise  or  assent  so  to  do  upon  condition  that  any  other  member  will 
give,  promise  or  assent  to  give  his  vote  or  influence  in  favor  of  or 
against  any  other  such  measure  or  proposition  pending  or  proposed  to 
be  introduced  into  such  legislative  assembly,  or  in  consideration  that 
any  other  member  hath  given  his  vote  or  influence,  for  or  against 
any  other  measure  or  proposition  in  such  legislative  assembly,  he  shall 
be  deemed  guilty  of  bribery.  And  any  person,  member  of  the  legis- 
lative assembly  or  person  elected  thereto,  who  shall  be  guilty  of  either 
such  offenses,  shall  be  expelled,  and  shall  not  thereafter  be  eligible  to 
the  legislative  assembly,  and,  on  the  conviction  thereof  in  the  civil 
courts,  shall  be  liable  to  such  further  penalty  as  may  be  prescribed 
by  law. 

§  41.  The  term  of  service  of  the  members  of  the  legislative  assembly 
shall  begin  on  the  first  Tuesday  in  January,  next  after  their  election. 

§  42.  The  members  of  the  legislative  assembly  shall  in  all  cases 
except  treason,  felony  and  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  sessions  of  their  respective 
houses,  and  in  going  to  or  returning  from  the  same.  For  words  used 
in  any  speech  or  debate  in  either  house,  they  shall  not  be  questioned 
in  any  other  place. 

§  43.  Any  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  legislative  assembly, 
shall  disclose  the  fact  to  the  house  of  which  he  is  a  member,  and  shall 
not  vote  thereon  without  the  consent  of  the  house. 

§  44.  The  governor  shall  issue  writs  of  election  to  fill  such  vacan- 
cies as  may  occur  in  either  house  of  the  legislative  assembly. 

§  45.  Each  member  of  the  legislative  assembly  shall  receive  as  a 
compensation  for  his  services  for  each  session,  five  dollars  per  day, 
and  ten  cents  for  every  mile  of  necessary  travel  in  going  to  and  re- 
turning from  the  place  of  the  meeting  of  the  legislative  assembly  on 
the  most  usual  route. 

§  46^  A  majority  of  the  members  of  each  house  shall  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 


North  Dakota— 1889  2859 

may  compel  the  attendance  of  absent  members,  in  such  a  manner,  and 
under  such  a  penalty,  as  may  be  prescribed  by  l^^V^— 

§  47.  Each  house  shall  be  the  judge  of  the  election  returns  and 
qualifications  of  its  own  members. 

§  48.  Each  house  shall  have  the  power  to  determine  the  rules  of 
proceeding,  and  punish  its  members  or  other  persons  for  contempt  or 
disorderly  behavior  in  its  presence;  to  protect  its  members  against 
violence  or  offers  of  bribes  or  private  solicitation,  and  with  the  con- 
currence of  two-thirds,  to  expel  a  member;  and  shall  have  all  other 
powers  necessary  and  usual  in  the  legislative  assembly  of  a  free  state. 
But  no  imprisonment  by  either  house  shall  continue  beyond  thirty 
(hiys.  Punishment  for  contempt  or  disorderly  behavior  shall  not  bar 
a  criminal  prosecution  for  the  same  offense. 

§  49.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  the 
yeas  and  nays  on  any  question  shall  be  taken  and  entered  on  the 
journal  at  the  request  of  one-sixth  of  those  present. 

§  50.  The  sessions  of  each  house  and  of  the  committee  of  the 
whole  shall  be  open  unless  the  business  is  such  as  ought  to  be  kept 
secret. 

§  51.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting,  except  in  case  of  epidemic, 
pestilence  or  other  great  danger. 

§  52.  The  senate  and  house  of  representatives  jointly  shall  be 
designated  as  the  Legislative  Assembly  of  the  State  of  North  Dakota. 

§  53.  The  legislative  assembly  shall  meet  at  the  seat  of  government 
at  twelve  o'clock  noon  on  the  first  Tuesday  after  the  first  Monday  in 
January,  in  the  year  next  following  the  election  of  the  members 
thereof. 

§  54.  In  all  elections  to  be  made  by  the  legislative  assembly,  or 
either  house  thereof,  the  members  shall  vote  viva  voce,  and  their 
votes  shall  be  entered  in  the  journal. 

§  55.  The  sessions  of  the  legislative  assembly  shall  be  biennial,  ex- 
cept as  otherwise  provided  in  this  constitution. 

§  5G.  No  regular  session  of  the  legislative  assembly  shall  exceed 
sixty  days,  except  in  case  of  impeachment,  but  the  first  session  of  the 
legislative  assembly  may  continue  for  a  period  of  one  hundred  and 
twenty  days. 

§  57.  Any  bill  may  originate  in  either  house  of  the  legislative 
assembly,  and  a  bill  passed  by  one  house  may  be  amended  by  the 
other. 

§  58.  No  law  shall  be  passed,  except  by  a  bill  adopted  by  both 
houses,  and  no  bill  shall  be  so  altered  and  amended  on  its  passage 
through  either  house  as  to  change  its  original  purpose. 

§  59.  The  enacting  clause  of  every  law  shall  be  as  follows :  "  Be  it 
Enacted  by  the  Legislative  Assembly  of  the  State  of  North  Dakota." 

§  60.  No  bill  for  the  appropriation  of  money,  except  for  the  ex- 
penses of  the  government,  shall  be  introduced  after  the  fortieth  day 
of  the  session,  except  by  unanimous  consent  of  the  house  in  which  it 
is  sought  to  be  introduced. 

§  61.  No  bill  shall  embrace  more  than  one  subject,  which  shall  be 
expressed  in  its  title,  but  a  bill  which  violates  this  provision  shall  be 


2860  North  Dakota— 1889 

invalidated  thereby  only  as  to  so  much  thereof  as  shall  not  be  so 
expressed. 

§  62.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  expenses  of  the  executive,  legislative  and  judi- 
cial departments  of  the  state,  interest  on  the  public  debt,  and  for 
public  schools.  All  other  appropriations  shall  be  made  by  separate 
bills,  each  embracing  but  one  subject. 

§  63.  Every  bill  shall  be  read  three  several  times,  but  the  first  and 
second  readings,  and  those  only,  may  be  upon  the  same  day ;  and  the 
second  reading  may  be  by  title  of  the  bill  unless  a  reading  at  length 
be  demanded.  The  first  and  third  readings  shall  be  at  length.  No 
legislative  day  shall  be  shorter  than  the  natural  day. 

§  64.  No  bill  shall  be  revised  or  amended,  nor  the  provisions  thereof 
extended  or  incorporated  in  any  other  bill  by  reference  to  its  title 
only,  but  so  much  thereof  as  is  revised,  amended  or  extended  or  so 
incorporated  shall  be  re-enacted  and  published  at  length. 

§  65.  No  bill  shall  become  a  law  except  by  a  vote  of  a  majority  of  all 
the  members-elect  in  each  house,  nor  unless,  on  its  final  passage,  the 
vote  be  taken  by  yeas  and  nays,  and  the  names  of  those  voting  be 
entered  on  the  journal. 

§  66.  The  presiding  officer  of  each  house  shall,  in  the  presence  of 
the  house  over  which  he  presides,  sign  all  bills  and  joint  resolutions 
passed  by  the  legislative  assembly ;  immediately  before  such  signing 
their  title  shall  be  publicly  read  and  the  fact  of  signing  shall  be  at 
once  entered  on  the  journal. 

§  67.  No  act  of  the  legislative  assembly  shall  take  effect  until  July 
first,  after  the  close  of  the  session,  unless  in  case  of  emergency  (which 
shall  be  expressed  in  the  preamble  or  body  of  the  act)  the  legislative 
assembly  shall,  by  a  vote  of  two-thirds  of  all  the  members  present  in 
each  house,  otherwise  direct. 

§  68.  The  legislative  assembly  shall  pass  all  laws  necessary  to  carry 
into  effect  the  provisions  of  this  constitution. 

§  69.  The  legislative  assembly  shall  not  pass  local  or  special  laws  in 
any  of  the  following  enumerated  cases,  that  is  to  say : 

1.  For  granting  divorces. 

2.  Laying  out,  opening,  altering,  or  working  roads  or  highways, 
vacating  roads,  town  plats,  streets,  alleys  or  public  grounds. 

3.  Locating  or  changing  county  seats. 

4.  Eegulating  county  or  township  affairs. 

5.  Regulating  the  practice  of  courts  of  justice. 

6.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace, 
police  magistrates  or  constables. 

7.  Changing  the  rules  of  evidence  in  any  trial  or  inquiry. 

8.  Providing  for  changes  of  venue  in  civil  or  criminal  cases. 

9.  Declaring  any  person  of  age. 

10.  For  limitation  of  civil  actions,  or  giving  effect  to  informal  or 
invalid  deeds. 

11.  Summoning  or  impaneling  grand  or  petit  juries. 

12.  Providing  for  the  management  of  common  schools. 

13.  Regulating  the  rate  of  interest  on  money. 

14.  The  opening  or  conducting  of  any  election  or  designating  the 
place  of  voting. 

15.  The  sale  or  mortgage  of  real  estate  belonging  to  minors  or 
others  under  disability. 


North  Dakota— 1889  2861 

16.  Chartering  or  licensing  ferries,  toll  bridges  or  toll  roads. 

17.  Remitting  fines,  penalties  or  forfeitures. 

18.  Creating,  increasing  or  decreasing  fees,  percentages  or  allow- 
ances of  public  officers. 

19.  Changing  the  law  of  descent. 

20.  Granting  to  any  corporation,  association  or  individual  the  right 
to  lay  down  railroad  tracks,  or  any  special  or  exclusive  privilege, 
immunity  or  franchise  whatever. 

21.  For  the  punishment  of  crimes. 

22.  Changing  the  names  of  persons  or  places. 

23.  For  the  assessment  or  collection  of  taxes. 

24.  Affecting  estates  of  deceased  persons,  minors  or  others  under 
legal  disabilities. 

25.  Extending  the  time  for  the  collection  of  taxes. 

26.  Refunding  money  into  the  state  treasury. 

27.  Relinquishing  or  extinguishing  in  whole  or  in  part  the  in- 
debtedness, liability  or  obligation  of  any  corporation  or  person  to  this 
state,  or  to  any  municipal  corporation  therein. 

28.  Legalizing,  except  as  against  the  state,  the  unauthorized  or 
invalid  act  of  any  officer. 

29.  Exempting  property  from  taxation. 

30.  Restoring  to  citizenship  persons  convicted  of  infamous  crimes. 

31.  Authorizing  the  creation,  extension  or  impairing  of  liens. 

32.  Creating  offices,  or  prescribing  the  powers  or  duties  of  officers 
in  counties,  cities,  townships,  election  or  school  districts,  or  author- 
izing the  adoption  or  legitimation  of  children. 

33.  Incorporation  of  cities,  towns  or  villages,  or  changing  or 
amending  the  charter  of  any  town,  city  or  village. 

34.  Providing  for  the  election  of  members  of  the  board  of  super- 
visors in  townships,  incorporated  towns  or  cities. 

35.  The  protection  of  game  or  fish. 

§  70.  In  all  other  cases  where  a  general  law  can  be  made  applicable, 
no  special  law  shall  be  enacted;  nor  shall  the  legislative  assembly 
indirectly  enact  such  special  or  local  law  by  the  partial  repeal  of  a 
general  law ;  but  laws  repealing  local  or  special  acts  may  be  passed. 

Article  3 
executive  department 

§  71.  The  executive  power  shall  be  vested  in  a  governor,  w^ho  shall 
reside  at  the  seat  of  government  and  shall  hold  his  office  for  the  term 
of  two  years  and  until  his  successor  is  elected  and  duly  qualified. 

§  72.  A  lieutenant  governor  shall  be  elected  at  the  same  time  and 
for  the  same  term  as  the  governor.  In  case  of  the  death,  impeach- 
ment, resignation,  failure  to  qualify,  absence  from  the  state,  removal 
from  office,  or  the  disability  of  the  governor,  the  powers  and  duties  of 
the  office  for  the  residue  of  the  term,  or  until  he  shall  be  acquitted  or 
the  disability  be  removed,  shall  devolve  upon  the  lieutenant  governor. 

§  73.  No  person  shall  be  eligible  to  the  office  of  governor  or  lieu- 
tenant governor  unless  he  be  a  citizen  of  the  United  States,  and  a 
qualified  elector  of  the  state,  who  shall  have  attained  the  age  of 
thirty  years,  and  who  shall  have  resided  five  years  next  preceding  the 


2862  North  Dakota— 1889 

election  within  the  state  or  territory,  nor  shall  he  be  eligible  to  any 
other  office  during  the  term  for  which  he  shall  have  been  elected. 

§  74.  The  governor  and  lieutenant  governor  shall  be  elected  by  the 
qualified  electors  of  the  state  at  the  time  and  places  of  choosing  mem- 
bers of  the  legislative  assembly.  The  persons  having  the  highest 
number  of  votes  for  governor  and  lieutenant  governor  respectively 
shall  be  declared  elected,  but  if  two  or  more  shall  have  an  equal  and 
highest  number  of  votes  for  governor  or  lieutenant  governor,  the 
two  houses  of  the  legislative  assembly  at  its  next  regular  session  shall 
forthwith,  by  joint  ballot,  choose  one  of  such  persons  for  said  office. 
The  returns  of  the  election  for  governor  and  lieutenant  governor  shall 
be  made  in  such  manner  as  shall  be  prescribed  by  law. 

§  75.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  the  state,  except  when  they  shall  be  called  into 
the  service  of  the  United  States,  and  may  call  out  the  same  to  execute 
the  laws,  suppress  insurrection  and  repel  invasion.  He  shall  have 
power  to  convene  the  legislative  assembly  on  extraordinary  occasions. 
He  shall  at  the  commencement  of  each  session  communicate  to  the 
legislative  assembly,  by  message,  information  of  the  condition  of  the 
state,  and  recommend  such  measures  as  he  shall  deem  expedient.  He 
shall  transact  all  necessary  business  with  the  officers  of  the  govern- 
ment, civil  and  militar}^  He  shall  expedite  all  such  measures  as 
may  be  resolved  upon  by  the  legislative  assembly  and  shall  take  care 
that  the  laAvs  be  faithfully  executed. 

§  76.  The  governor  shall  have  power  to  remit  fines  and  forfeitures, 
to  grant  reprieves,  commutations  and  pardons  after  conviction,  for  all 
offenses  except  treason  and  cases  of  impeachment ;  but  the  legislative 
assembly  may  by  law  regulate  the  manner  in  which  the  remission  of 
fines,  pardons,  commutations  and  reprieves  may  be  applied  for.  Upon 
conviction  for  treason  he  shall  have  power  to  suspend  the  execution 
of  sentence  until  the  case  shall  be  reported  to  the  legislative  assembly 
at  its  next  regular  session,  when  the  legislative  assembly  shall  either 
pardon  or  commute  the  sentence,  direct  the  execution  of  the  sentence 
or  grant  further  reprieve.  He  shall  communicate  to  the  legislative 
assembly  at  each  regular  session  each  case  of  remission  of  fine, 
reprieve,  commutation  or  pardon  granted  by  him,  stating  the  name 
of  the  convict,  the  crime  for  which  he  is  convicted,  the  sentence  and 
its  date,  and  the  date  of  the  remission,  commutation,  pardon  or 
reprieve,  with  his  reasons  for  granting  the  same. 

§  77.  The  lieutenant  governor  shall  be  president  of  the  senatd,  but 
shall  have  no  vote  unless  they  be  equally  divided.  If,  during  a 
vacancy  in  the  office  of  governor,  the  lieutenant  governor  shall  be 
impeached,  displaced,  resign  or  die,  or  from  mental  or  physical  dis- 
ease, or  otherwise  become  incapable  of  performing  the  duties  of  his 
office,  the  secretary  of  state  shall  act  as  governor  until  the  vacancy 
shall  be  filled  or  the  disability  removed. 

§  78.  When  any  office  shall  from  any  cause  become  vacant,  and  no 
mode  is  provided  by  the  constitution  or  law  for  filling  such  vacancy, 
the  governor  shall  have  power  to  fill  such  vacancy  by  appointment. 

§  79.  Every  bill  which  shall  have  passed  the  legislative  assembly 
shall,  before  it  becomes  a  law,  be  presented  to  the  governor.  If  he 
approve,  he  shall  sign,  but  if  not,  he  shall  return  it  with  his  objec- 
tions to  the  house  in  which  it  originated,  which  shall  enter  the 
objections  at  large  upon  the  journal,  and  proceed  to  reconsider  it. 


North  Dakota— 1889  2863 

If,  after  such  reconsideration,  two-thirds  of  the  members-elect  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the  objections, 
to  the  other  house,  by  which  it  shall  likewise  be  reconsidered,  and 
if  it  be  approved  by  two-thirds  of  the  members-elect,  it  shall  become 
a  law ;  but  in  all  such  cases  the  vote  of  both  houses  shall  be  determined 
by  the  yeas  and  nays,  and  the  names  of  the  members  voting  for  and 
against  the  bill  shall.be  entered  upon  the  journal  of  each  house 
respectively.  If  any  bill  shall  not  be  returned  by  the  governor  within 
three  days  (Sundays  excepted)  after  it  shall  have  been  presented  to 
him,  the  same  shall  be  a  law  unless  the  legislative  assembly,  by  its 
adjournment,  prevent  its  return,  in  which  case  it  shall  be  a  law  unless 
he  shall  file  the  same  with  his  objections,  in  the  office  of  the  secretary 
of  state,  within  fifteen  days  after  such  adjournment. 

§  80.  The  governor  shall  have  power  to  disapprove  of  any  item  or 
items,  or  part  or  parts  of  any  bill  making  appropriations  of  money 
or  property  embracing  distinct  items,  and  the  part  or  parts  of  the 
bill  approved  shall  be  the  law,  and  the  item  or  items,  and  part  or  parts 
disapproved  shall  be  void,  unless  enacted  in  the  following  manner: 
If  the  legislative  assembly  be  in  session  he  shall  transmit  to  the  house 
in  which  the  bill  originated  a  copy  of  the  item  or  items,  or  part  or 
parts  thereof  disapproved,  together  with  his  objections  thereto,  and 
the  items  or  parts  objected  to  shall  be  separately  reconsidered,  and 
each  item  or  part  shall  then  take  the  same  course  as  is  prescribed  for 
the  passage  of  bills  over  the  executive  veto. 

§  81.  Any  governor  of  this  state  who  asks,  receives  or  agrees  to 
receive  any  bribe  upon  any  understanding  that  his  official  opinion, 
judgment  or  action  shall  be  influenced  thereby,  or  who  gives  or  offers, 
or  promises  his  official  influence  in  consideration  that  any  member  of 
the  legislative  assembly  shall  give  his  official  vote  or  influence  on  any 
particular  side  of  any  question  or  matter  upon  which  he  may  be 
required  to  act  in  his  official  capacity,  or  who  menaces  any  member 
by  the  threatened  use  of  his  veto  power,  or  who  offers  or  promises 
any  member  that  he,  the  said  governor,  will  appoint  any  particular 
person  or  persons  to  any  office  created  or  thereafter  to  be  created,  in 
consideration  that  any  member  shall  give  his  official  vote  or  influence 
on  any  matter  pending  or  thereafter  to  be  introduced  into  either 
house  of  said  legislative  assembly,  or  who  threatens  any  member  that 
he,  the  said  governor,  will  remove  any  person  or  persons  from  office 
or  position  with  intent  in  any  manner  to  influence  the  action  of  said 
member,  shall  be  punished  in  the  manner  now,  or  that  may  hereafter, 
be  provided  by  law,  and  upon  conviction  thereof  shall  forfeit  all 
right  to  hold  or  exercise  any  office  of  trust  or  honor  in  this  state. 

§  82.  There  shall  be  chosen  by  the  qualified  electors  of  the  state  at 
the  times  and  places  of  choosing  members  of  the  legislative  assembly,  a 
secretary  of  state,  auditor,  treasurer,  superintendent  of  public  instruc- 
tion, commissioner  of  insurance,  three  commissioners  of  railroads, 
an  attorney  general  and  one  commissioner  of  agriculture  and  labor, 
who  shall  have  attained  the  age  of  twenty-five  years,  shall  be  citizens 
of  the  United  States,  and  shall  have  the  qualifications  of  state 
electors.  They  shall  severally  hold  their  offices  at  the  seat  of  gov- 
ernment, for  the  term  of  two  years  and  until  their  successors  are 
elected  and  duly  qualified,  but  no  person  shall  be  eligible  to  the  office 
of  treasurer  for  more  than  two  consecutive  terms. 


2864  North  Dakota— 1889 

§  83.  The  powers  and  duties  of  the  secretary  of  state,  auditor, 
treasurer,  superintendent  of  public  instruction,  commissioner  of  insur- 
ance, commissioners  of  railroads,  attorney  general,  and  commissioner 
of  agriculture  and  labor,  shall  be  as  prescribed  by  law. 

§  84.  Until  otherwise  provided  by  law,  the  governor  shall  receive 
an  annual  salary  of  three  thousand  dollars;  the  lieutenant  governor 
shall  receive  an  annual  salary  of  one  thousand  dollars;  the  secretary 
of  state,  auditor,  treasurer,  superintendent  of  public  instruction,  com- 
missioner of  insurance,  commissioners  of  railroads  and  attorney  gen- 
eral shall  each  receive  an  annual  salary  of  two  thousand  dollars ;  the 
salary  of  the  commissioner  of  agriculture  and  labor  shall  be  as  pre- 
scribed by  law,  but  the  salaries  of  any  of  the  said  officers  shall  not  be 
increased  or  diminished  during  the  period  for  which  they  shall  have 
been  elected,  and  all  fees  and  profits  arising  from  any  of  the  said 
offices  shall  be  covered  into  the  state  treasury. 

Article  4 
judicial  department 

§  85.  The  judicial  power  of  the  State  of  North  Dakota  shall  be 
vested  in  a  supreme  court,  district  courts,  county  courts,  justices  of 
the  peace,  and  in  such  other  courts  as  may  be  created  by  law  for 
cities,  incorporated  towns  and  villages. 

§  86.  The  supreme  court,  except  as  otherwise  provided  in  this  con- 
stitution, shall  have  appellate  jurisdiction  only,  which  shall  be  co- 
extensive with  the  state  and  shall  have  a  general  superintending  con- 
trol over  all  inferior  courts  under  such  regulations  and  limitations 
as  may  be  prescribed  by  law. 

§  87.  It  shall  have  power  to  issue  writs  of  habeas  corpus,  manda- 
mus, quo  warranto,  certiorari,  injunction  and  such  other  original  and 
remedial  writs  as  may  be  necessary  to  the  proper  exercise  of  its  juris- 
diction, and  shall  have  authority  to  hear  and  determine  the  same; 
provided,  however,  that  no  jury  trial  shall  be  allowed  in  said  supreme 
court,  but  in  proper  cases  questions  of  fact  may  be  sent  by  said  court 
to  a  district  court  for  trial. 

§  88.  Until  otherwise  provided  by  law  three  terms  of  the  supreme 
court  shall  be  held  each  year,  one  at  the  seat  of  government,  one  at 
Fargo,  in  the  county  of  Cass,  and  one  at  Grand  Forks,  in  the  county 
of  Grand  Forks. 

§  89.  The  supreme  court  shall  consist  of  three  judges,  a  majorit]^  of 
whom  shall  be  necessary  to  form  a  quorum  or  pronounce  a  decision, 
but  one  or  more  of  said  judges  may  adjourn  the  court  from  day  to  day 
or  to  a  day  certain. 

§  90.  The  judges  of  the  supreme  court  shall  be  elected  by  the  quali- 
fied electors  of  the  state  at  large,  and  except  as  may  be  otherwise  pro- 
vided herein  for  the  first  election  for  judges  under  this  constitution, 
said  judges  shall  be  elected  at  general  elections. 

§  91.  The  term  of  office  of  the  judges  of  the  supreme  court,  except 
as  in  this  article  otherwise  provided,  shall  be  six  years,  and  they  shall 
hold  their  offices  until  their  successors  are  duly  qualified. 

§  92.  The  judges  of  the  supreme  court  shall,  immediately  after  the 
first  election  under  this  constitution,  be  classified  by  lot  so  that  one 


N(yHh  Dakota— 1889  2865 

shall  hold  his  office  for  the  term  of  three  years,  one  for  the  term  of 
five  years,  and  one  for  the  term  of  seven  years  from  the  first  Monday 
in  December,  A.  D.  1889.  The  lots  shall  be  drawn  by  the  judges,  who 
shall  for  that  purpose  assemble  at  the  seat  of  government,  and  they 
shall  cause  the  result  thereof  to  be  certified  to  the  secretary  of  the 
territory  and  filed  in  his  office,  unless  the  secretary  of  state  of  North 
Dakota  shall  have  entered  upon  the  duties  of  his  office,  in  which  event 
said  certification  shall  be  filed  therein.  The  judge  having  the  short- 
est term  to  serve,  not  holding  his  office  by  election  or  appointment  to 
fill  a  vacancy,  shall  be  chief  justice  and  shall  preside  at  all  terms  of 
the  supreme  court  and  in  case  of  his  absence  the  judge  having  in  like 
manner  the  next  shortest  term  to  serve  shall  preside  in  his  stead. 

§  93.  There  shall  be  a  clerk  and  also  a  reporter  of  the  supreme 
court,  who  shall  be  appointed  by  the  judges  thereof,  and  who  shall 
hold  their  offices  during  the  pleasure  of  said  judges,  and  whose  duties 
and  emoluments  shall  be  prescribed  by  law  and  by  rules  of  the 
supreme  court  not  inconsistent  with  law.  The  legislative  assembly 
shall  make  provision  for  the  publication  and  distribution  of  the  deci- 
sions of  the  supreme  court  and  for  the  sale  of  the  published  volumes 
thereof. 

§  94.  No  person  shall  be  eligible  to  the  office  of  judge  of  the 
supreme  court  unless  he  be  learned  in  the  law,  be  at  least  thirty  years 
of  age  and  a  citizen  of  the  United  States,  nor  unless  he  shall  have 
resided  in  this  state  or  the  Territory  of  Dakota  three  years  next  pre- 
ceding his  election. 

§  95.  Wlienever  the  population  of  the  State  of  North  Dakota  shall 
equal  600,000  the  legislative  assembly  shall  have  the  power  to  increase 
the  number  of  the  judges  of  the  supreme  court  to  five,  in  which  event 
a  majority  of  said  court,  as  thus  increased,  shall  constitute  a  quorum. 

§  96.  No  duties  shall  be  imposed  by  law  upon  the  supreme  court  or 
any  of  the  judges  thereof,  except  such  as  are  judicial,  nor  shall  any 
of  the  judges  thereof  exercise  any  power  of  appointment  except  as 
herein  provided. 

§  97.  The  style  of  all  process  shall  be  "  The  State  of  North  Dakota." 
All  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 
of  the  State  of  North  Dakota,  and  conclude  "  against  the  peace  and 
dignity  of  the  State  of  North  Dakota." 

§  98.  Any  vacancy  happening  by  death,  resignation  or  otherwise  in 
the  office  of  judge  of  the  supreme  court  shall  be  filled  by  appointment, 
by  the  governor,  which  appointment  shall  continue  until  the  first 
general  election  thereafter,  when  said  vacancy  shall  be  filled  by 
election. 

§  99.  The  judges  of  the  supreme  and  district  courts  shall  receive 
such  compensation  for  their  services  as  may  be  prescribed  by  law, 
which  compensation  shall  not  be  increased  or  diminished  during  the 
term  for  which  a  judge  shall  have  been  elected. 

§  100.  In  case  a  judge  of  the  supreme  court  shall  be  in  any  way 
interested  in  a  cause  brought  before  said  court,  the  remaining  judges 
of  said  court  shall  call  one  of  the  district  judges  to  sit  with  them  on 
the  hearing  of  said  cause. 

§  101.  When  a  judgment  or  decree  is  reversed  or  confirmed  by  the 
supreme  court,  every  point  fairly  arising  upon  the  record  of  the  case 
shall  be  considered  and  decided,  and  the  reasons  therefor  shall  be 


2866  North  Dakota— 1889 

concisely  stated  in  writing,  signed  by  the  judges  concurring,  filed  in 
the  office  of  the  clerk  of  the  supreme  court  and  preserved  with  a 
record  of  the  case.  Any  judge  dissenting  therefrom  may  give  the 
reasons  of  his  dissent  in  writing  over  his  signature. 

1 102.  It  shall  be  the  duty  of  the  court  to  prepare  a  syllabus  of  the 
points  adjudicated  in  each  case,  which  shall  be  concurred  in  by  a 
majority  of  the  judges  thereof,  and  it  shall  be  prefixed  to  the  pub- 
lished reports  of  the  case. 

§  103.  The  district  courts  shall  have  original  jurisdiction,  except 
as  otherwise  provided  in  this  constitution,  of  all  causes  both  at  law 
and  equity,  and  such  appellate  jurisdiction  as  may  be  conferred  by 
law.  They  and  the  judges  thereof  shall  also  have  jurisdiction  and 
power  to  issue  writs  of  habeas  corpus,  quo  warranto,  certiorari, 
injunction  and  other  original  and  remedial  writs,  with  authority  to 
hear  and  determine  the  same. 

§  104.  The  state  shall  be  divided  into  six  judicial  districts,  in  each 
of  which  there  shall  be  elected  at  general  elections,  by  the  electors 
thereof,  one  judge  of  the  district  court  therein,  whose  term  of  office 
shall  be  four  years  from  the  first  Monday  in  January  succeeding  his 
election  and  until  his  successor  is  duly  qualified.  This  section  shall 
not  be  construed  as  governing  the  first  election  of  district  judges 
under  this  constitution. 

§  105.  Until  otherwise  provided  by  law  said  districts  shall  be 
constituted  as  follows  : 

District  No.  One  shall  consist  of  the  counties  of  Pembina,  Cavalier, 
Walsh,  Nelson  and  Grand  Forks. 

District  No.  Two  shall  consist  of  the  counties  of  Eamsey,  Towner, 
Benson,  Pierce,  Rolette,  Bottineau,  McHenry,  Church,  Eenville, 
Ward,  Stevens,  Mountraille,  Garfield,  Flannery  and  Buford. 

District  No.  Three  shall  consist  of  the  counties  of  Cass,  Steele  and 
Traill. 

District  No.  Four  shall  consist  of  the  counties  of  Richland,  Ransom, 
Sargent,  Dickey  and  Mcintosh. 

District  No.  Five  shall  consist  of  the  counties  of  Logan,  LaMoure, 
Stutsman,  Barnes,  AVells,  Foster,  Eddy  and  Griggs. 

District  No.  Six  shall  consist  of  the  counties  of  Burleigh,  Emmons, 
Kidder,  Sheridan,  McLean,  Morton,  Oliver,  Mercer,  Williams,  Stark, 
Hettinger,  Bowman,  Billings,  McKenzie,  Dunn,  Wallace  and  Allred, 
and  that  portion  of  the  Sioux  Indian  reservation  lying  north  of  the 
seventh  standard  parallel. 

§  106.  The  legislative  assembly  may  whenever  two-thirds  of  the 
members  of  each  house  shall  concur  therein,  but  not  oftener  than  once 
in  four  years  increase  the  number  of  said  judicial  districts  and  the 
judges  thereof;  such  districts  shall  be  formed  from  compact  terri- 
tory and  bounded  by  county  lines,  but  such  increase  or  change  in 
the  boundaries  of  the  districts  shall  not  work  the  removal  of  any 
judge  from  his  office  during  the  term  for  which  he  may  have  been 
elected  or  appointed. 

§107.  No  person  shall  be  eligible  to  the  office  of  district  judge, 
unless  he  be  learned  in  the  law,  be  at  least  twenty-five  years  of  age, 
and  a  citizen  of  the  United  States,  nor  unless  he  shall  have  riesided 
within  the  State  or  Territory  of  Dakota  at  least  two  years  next  pre- 
ceding his  election,  nor  unless  he  shall  at  the  time  of  his  election  be 
an  elector  within  the  judicial  district  for  which  he  is  elected. 


North  Dakota— 1889  2867 

§  108.  There  shall  be  a  clerk  of  the  district  court  in  each  organized 
county  in  which  a  court  is  holden  who  shall  be  elected  by  the  qualified 
electors  of  the  county,  and  shall  hold  his  office  for  the  same  term  as 
other  county  officers.  He  shall  receive  such  compensation  for  his 
services  as  may  be  prescribed  by  law. 

§  109.  Writs  of  error  and  appeals  may  be  allowed  from  the  decisions 
of  the  district  courts  to  the  supreme  court  under  such  regulations  as 
may  be  prescribed  by  law. 

COUNTY   COURTS 

§  110.  There  shall  be  established  in  each  county  a  county  court, 
which  shall  be  a  court  of  record  open  at  all  times  and  holden  by  one 
judge,  elected  by  the  electors  of  the  county,  and  whose  term  of  office 
shall  be  two  years. 

§  111.  The  county  court  shall  have  exclusive  original  jurisdiction 
in  probate  and  testamentary  matters,  the  appointment  of  adminis- 
trators and  guardians,  the  settlement  of  the  accounts  of  executors, 
administrators  and  guardians,  the  sale  of  lands  by  executors,  ad- 
ministrators and  guardians,  and  such  other  probate  jurisdiction  as 
may  be  conferred  by  law ;  provided,  that  whenever  the  voters  of  any 
county  having  a  population  of  two  thousand  or  over  shall  decide  by  a 
majority  vote  that  they  desire  the  jurisdiction  of  said  court  increased 
above  that  limited  by  this  constitution,  then  said  county  court  shall 
have  concurrent  jurisdiction  with  the  district  courts  in  all  civil  actions 
where  the  amount  in  controversy  does  not  exceed  one  thousand  dollars, 
and  in  all  criminal  actions  below  the  grade  of  felony,  and  in  case  it  is 
decided  by  the  voters  of  any  county  to  so  increase  the  jurisdiction  of 
said  county  court,  the  jurisdiction  in  cases  of  misdemeanors  arising 
under  state  laws  which  may  have  been  conferred  upon  police  magis- 
trates, shall  cease.  The  qualifications  of  the  judge  of  the  county 
court  in  counties  where  the  jurisdiction  of  said  court  shall  have  been 
increased  shall  be  the  same  as  those  of  the  district  judge,  except 
that  he  shall  be  a  resident  of  the  county  at  the  time  of  his  election, 
and  said  county  judge  shall  receive  such  salary  for  his  services  as 
may  be  provided  by  law.  In  case  the  voters  of  any  county  decide 
to  increase  the  jurisdiction  of  said  county  courts,  then  such  jurisdic- 
tion as  thus  increased  shall  remain  until  otherwise  provided  by  law. 

JUSTICES   OF  THE  PEACE 

§  112.  The  legislative  assembly  shall  provide  by  law  for  the  elec- 
tion of  justices  of  the  peace  in  each  organized  county  within  the 
state.  But  the  number  of  said  justices  to  be  elected  in  each  organized 
county  shall  be  limited  by  law  to  such  a  number  as  shall  be  necessary 
for  the  proper  administration  of  justice.  The  justices  of  the  peace 
herein  provided  for  shall  have  concurrent  jurisdiction  with  the 
district  court  in  all  civil  actions  when  the  amount  in  controversy, 
exclusive  of  costs,  does  not  exceed  two  hundred  dollars,  and  in 
counties  where  no  county  court  with  criminal  jurisdiction  exists  they 
shall  have  such  jurisdiction  to  hear  and  determine  cases  of  misde- 
meanor as  may  be  provided  by  law,  but  in  no  case  shall  said  justices 
of  the  peace  have  jurisdiction  when  the  boundaries  of  or  title  to  real 
estate  shall  come  in  question.  The  legislative  assembly  shall  have 
power  to  abolish  the  office  of  justice  of  the  peace  and  confer  that 
jurisdiction  upon  judges  of  county  courts  or  elsewhere. 

7254— VOL  5- 


2868  North  Dakota— 1889 


POLICE     MAGISTRATES 


§  113.  The  legislative  assembly  shall  provide  by  law  for  the  election 
of  police  magistrates  in  cities,  incorporated  towns,  and  villages,  who 
in  addition  to  their  jurisdiction  of  all  cases  arising  under  the  ordi- 
nances of  said  cities,  towns  and  villages,  shall  be  ex-officio  justices  of 
the  peace  of  the  county  in  which  said  cities,  towns  and  villages  may  be 
located.  And  the  legislative  assembly  may  confer  upon  said  police 
magistrates  the  jurisdiction  to  hear,  try  and  determine  all  cases  of 
misdemeanors,  and  the  prosecutions  therein  shall  be  by  information. 

§  114.  Appeals  shall  lie  from  the  county  court,  final  decisions  of 
justices  of  the  peace  and  police  magistrates  in  such  cases  and  pur- 
suant to  such  regulations  as  may  be  prescribed  by  law. 


MISCELLANEOUS    PfiOVISIONS 


§  115.  The  time  of  holding  courts  in  the  several  counties  of  a  dis- 
trict shall  be  as  prescribed  by  law,  but  at  least  two  terms  of  the  dis- 
trict court  shall  be  held  annually  in  each  organized  county,  and  the 
legislative  assembly  shall  make  provision  for  attaching  unorganized 
counties  or  territories  to. organized  counties  for  judicial  purposes. 

§  116.  Judges  of  the  district  courts  may  hold  court  in  other  dis- 
tricts than  their  own  under  such  regulations  as  shall  be  prescribed  by 
law. 

§  117.  No  judge  of  the  supreme  or  district  court  shall  act  as 
attorney  or  counselor  at  law. 

§  118.  Until  the  legislative  assembly  shall  provide  by  law  for  fixing 
the  terms  of  courts,  the  judges  of  the  supreme  and  district  courts 
shall  fix  the  terms  thereof. 

§  119.  No  judge  of  the  supreme  or  district  courts  shall  be  elected  or 
appointed  to  any  other  than  judicial  offices  or  be  eligible  thereto  dur- 
ing the  term  for  which  he  was  elected  or  appointed  such  judge.  All 
votes  or  appointments  for  either  of  them  for  any  elective  or  appoint- 
ive office  except  that  of  judge  of  the  supreme  court  or  district  court, 
given  by  the  legislative  assembly  of  the  people,  shall  be  void. 

§  120.  Tribunals  of  conciliation  may  be  established  with  such  pow- 
ers and  duties  as  shall  be  prescribed  by  law,  or  the  powers  and  duties 
of  such  may  be  conferred  upon  other  courts  of  justice;  but  such  tri- 
bunals or  other  courts  when  sitting  as  such,  shall  have  no  power  to 
render  judgment  to  be  obligatory  on  the  parties,  unless  they  volun- 
tarily submit  their  matters  of  difference  and  agree  to  abide  the  judg- 
ment of  such  tribunals  or  courts. 

Article  5 

elective  franchise 

§  121.  Every  male  person  of  the  age  of  twenty-one  years  or  upwards 
belonging  to  either  of  the  following  classes,  who  shall  have  resided  in 
the  state  one  year,  in  the  county  six  months  and  in  the  precinct  ninety 
days  next  preceding  any  election,  shall  be  deemed  a  qualified  elector  at 
such  election : 

1.  Citizens  of  the  United  States. 

2.  Persons  of  foreign  birth  who  shall  have  declared  their  intention 
to  become  citizens,  one  year  and  not  more  than  six  years  prior  to  such 
election,  conformably  to  the  naturalization  laws  of  the  United  States. 


k 


North  Dakota— 1889  2869 

3.  Civilized  persons  of  Indian  descent  who  shall  have  severed  their 
tribal  relations  two  years  next  preceding  such  election." 

§  122.  The  legislative  assembly  shall  be  empowered  to  make  further 
extensions  of  suffrage  hereafter,  at  its  discretion,  to  all  citizens  of  ma- 
ture age  and  sound  mind,  not  convicted  of  crime  without  regard  to 
sex ;  but  no  law  extending  or  restricting  the  right  of  suffrage  shall  be 
in  force  until  adopted  by  a  majority  of  the  electors  of  the  state  voting 
at  a  general  election. 

§  123.  Electors  shall  in  all  cases  except  treason,  felony,  breach  of 
the  peace  or  illegal  voting,  be  privileged  from  arrest  on  the  days  of 
election  during  their  attendance  at,  going  to  and  returning  from  such 
election,  and  no  elector  shall  be  obliged  to  perform  military  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger. 

§  124.  The- general  elections  of  the  state  shall  be  biennial,  and  shall 
be  held  on  the  first  Tuesday  after  the  first  Monday  in  November; 
provided,  that  the  first  general  election  under  this  constitution  shall 
be  held  on  the  first  Tuesday  after  the  first  Mondav  in  November, 
A.  D.  1890. 

§  125.  No  elector  shall  be  deemed  to  have  lost  his  residence  in  this 
state  by  reason  of  his  absence  on  business  of  the  United  States  or  of 
this  state,  or  in  the  military  or  naval  service  of  the  United  States. 

§  126.  No  soldier,  seaman  or  marine  in  the  army  or  navy  of  the 
United  State's  shall  be  deemed  a  resident  of  this  state  in  consequence 
of  his  being  stationed  therein. 

§  127.  No  person  who  is  under  guardianship,  non  compos  mentis  or 
insane,  shall  be  qualified  to  vote  at  any  election,  nor  shall  any  person 
convicted  of  treason  or  felony,  unless  restored  to  civil  rights." 

§  128.  Any  woman  having  the  qualifications  enumerated  in  section 
121  of  this  article  as  to  age,  residence  and  citizenship,  and  including 
those  now  qualified  by  the  laws  of  the  territory,  may  vote  for  all 
school  officers,  and  upon  all  questions  pertaining  solely  to  school  mat- 
ters, and  be  eligible  to  any  school  office. 

§  129.  All  elections  by  the  people  shall  be  by  secret  ballot,  subject 
to  such  regulations  as  shall  be  provided  by  law. 

Article  G 

municipal  corporations 

§  130.  The  legislative  assembly  shall  provide  by  general  law  for  the 
organization  of  municipal  corporations,  restricting  their  powers  as 
to  levying  taxes  and  assessments,  borrowing  money  and  contracting 
debts,  and  money  raised  by  taxation,  loan  or  assessment  for  any  pur- 
pose shall  not  be  diverted  to  any  other  purpose  except  by  authority 
of  law. 

Article  7 

corporations  other  than  municipal 

§  131.  No  charter  of  incorporation  shall  be  granted,  changed  or 
amended  by  special  law,  except  in  the  case  of  such  municipal,  chari- 

^  See  amendments,  Article  2. 


2870  North  Dakota— 1889 

table,  educational,  penal  or  reformatory  corporations  as  may  be  under 
the  control  of  the  state ;  but  the  legislative  assembly  shall  provide  by 
general  laws  for  the  organization  of  all  corporations  hereafter  to  be 
created,  and  any  such  law,  so  passed,  shall  be  subject  to  future  repeal 
or  alteration. 

§  132.  All  existing  charters  or  grants  of  special  or  exclusive  priv- 
ileges, under  which  a  bona  fide  organization  shall  not  have  taken 
place  and  business  been  commenced  in  good  faith  at  the  time  this  con- 
stitution takes  effect,  shall  thereafter  have  no  validity. 

§  133.  The  legislative  assembly  shall  not  remit  the  forfeiture  of 
the  charter  to  any  corporation  now  existing,  nor  alter  or  amend  the 
same,  nor  pass  any  other  general  or  special  law  for  the  benefit  of  such 
corporation,  except  upon  the  condition  that  such  corporation  shall 
thereafter  hold  its  charter  subject  to  the  provisions  of  this  constitu- 
tion. 

§  134.  The  exercise  of  the  right  of  eminent  domain  shall  never  be 
abridged,  or  so  construed  as  to  prevent  the  legislative  assembly  from 
taking  the  property  and  franchises  of  incorporated  companies  and 
subjecting  them  to  public  use,  the  same  as  the  property  of  individ- 
uals ;  and  the  exercise  of  the  police  power  of  this  state  shall  never  be 
abridged,  or  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  a  manner  as  to  infringe  the  equal  rights  of  individ- 
uals or  the  general  well-being  of  the  state. 

§  135.  In  all  elections  for  directors  or  managers  of  a  corporation, 
each  member  or  shareholder  may  cast  the  whole  number  of  his  votes 
for  one  candidate,  or  distribute  them  upon  two  or  more  candidates, 
as  he  may  prefer. 

§  136.  No  foreign  corporation  shall  do  business  in  this  state  without 
having  one  or  more  places  of  business  and  an  authorized  agent  or 
agents  in  the  same,  upon  whom  process  may  be  served. 

§  137.  No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter. 

§  138.  No  corporation  shall  issue  stock  or  bonds  except  for  money, 
labor  done,  or  money  or  property  actually  received ;  and  all  fictitious 
increase  of  stock  or  indebtedness  shall  be  void.  The  stock  and  indebt- 
edness of  corporations  shall  not  be  increased  except  in  pursuance  of 
general  law,  nor  without  the  consent  of  the  persons  holding  the  larger 
amount  in  value  of  the  stock  first  obtained  at  a  meeting  to  be  held 
after  sixty  days'  notice  given  in  pursuance  of  law. 

§  139.  No  law  shall  be  passed  by  the  legislative  assembly  granting 
the  right  to  construct  and  operate  a  street  railroad,  telegraph,  tele- 
phone or  electric  light  plant  within  any  city,  town  or  incorporated 
village,  without  requiring  the  consent  of  the  local  authorities  having 
the  control  of  the  street  or  highway  proposed  to  be  occupied  for  such 
purposes. ' 

§  140.  Every  railroad  corporation  organized  and  doing  business  in 
this  state,  under  the  laws  or  authority  thereof,  shall  have  and  main- 
tain a  public  office  or  place  in  the  state  for  the  transaction  of  its 
business,  where  transfers  of  its  stock  shall  be  made  and  in  which  shall 
be  kept  for  public  inspection,  books  in  which  shall  be  recorded  the 
amount  of  capital  stock  subscribed,  and  by  whom,  the  names  of  the 
owners  of  its  stock  and  the  amount  owned  by  them  respectively;  the 
amount  of  stock  paid  in  and  by  whom,  and  the  transfers  of  said  stock ; 
the  amount  of  its  assets  and  liabilities  and  the  names  and  place  of 


North  Dakota— 1889  2871 

residence  of  its  officers.  The  directors  of  every  railroad  corporation 
i-hall  annually  make  a  report,  under  oath,  to  the  auditor  of  public 
accounts,  or  some  officer  or  officers  to  be  designated  by  law,  of  all  their 
acts  and  doings,  which  report  shall  include  such  matters  relating  to 
railroads  as  may  be  prescribed  by  law,  and  the  legislative  assembly 
shall  pass  laws  enforcing  by  suitable  penalties  the  provisions  of  this 
section;  provided,  the  provisions  of  this  section  shall  not  be  so  con- 
strued as  to  apply  to  foreign  corporations. 

§  141.  Xo  railroad  corporation  shall  consolidate  its  stock,  property 
or  franchises  with  any  other  railroad  corporation  owning  a  parallel 
or  competing  line;  and  in  no  case  shall  any  consolidation  take  place 
except  upon  public  notice  given  at  least  sixty  days  to  all  stockholders, 
in  such  manner  as  may  be  provided  by  law.  Any  attempt  to  evade 
the  provisions  of  this  section  by  any  railroad  corporation,  by  lease  or 
otherwise,  shall  work  a  forfeiture  of  its  charter. 

§  142.  Eailways  heretofore  constructed,  or  that  may  hereafter  be 
constructed,  in  this  state  are  hereby  declared  public  highways,  and  all 
railroad,  sleeping  car,  telegraph,  telephone,  and  transportation  com- 
panies of  passengers,  intelligence  and  freight,  are  declared  to  be  com- 
mon carriers  and  subject  to  legislative  control;  and  the  legislative 
assembly  shall  have  power  to  enact  laws  regulating  and  controlling 
the  rates  of  charges  for  the  transportation  of  passengers,  intelligence 
and  freight,  as  such  common  carriers,  from  one  point  to  another  in 
this  state;  provided,  that  appeal  may  be  had  to  the  courts  of  this 
state  from  the  rates  so  fixed;  but  the  rates  fixed  by  the  legislative 
assembly  or  board  of  railroad  commissioners  shall  remain  in  force 
pending  the  decision  of  the  courts. 

§  143.  Any  association  or  corporation  organized  for  the  purpose 
shall  have  the  right  to  construct  and  operate  a  railroad  between  any 
points  within  this  state,  and  to  connect  at  the  state  line  with  the  rail- 
roads of  other  states.  Every  railroad  company  shall  have  the  right 
with  its  road  to  intersect,  connect  with  or  cross  any  other;  and  shall 
receive  and  transport  each  other's  passengers,  tonnage  and  cars, 
loaded  or  empty,  without  delay  or  discrimination. 

§  144.  The  term  "  corporation,"  as  used  in  this  article,  shall  not 
be  understood  as  embracing  municipalities  or  political  subdivisions 
of  the  state  unless  otherwise  expressly  stated,  but  it  shall  be  held 
and  construed  to  include  all  associations  and  joint  stock  companies 
having  any  of  the  powers  or  privileges  of  corporations  not  pos- 
sessed by  individuals  or  partnerships. 

§  145.  If  a  general  banking  law  be  enacted,  it  shall  provide  for  the 
registry  and  countersigning  by  an  officer  of  the  state,  of  all  notes 
or  bills  designed  for  circulation,  and  that  ample  security  to  the  full 
amount  thereof  shall  be  deposited  with  the  state  treasurer  for  the 
redemption  of  such  notes  or  bills. 

§  140.  Any  combination  between  individuals,  corporations,  asso- 
ciations or  either,  having  for  its  object  or  effect  the  controlling  of 
the  price  of  any  product  of  the  soil  or  any  article  of  manufacture 
or  commerce,  or  the  cost  of  exchange  or  transportation,  is  prohibited 
and  hereby  declared  unlawful  and  against  public  policy;  and  any 
and  all  franchises  heretofore  granted  or  extended,  or  that  may 
hereafter  be  granted  or  extended  in  this  state,  whenever  the  owner 
or  owners  thereof  violate  this  article  shall  be  deemed  annulled  and 
become  void. 


2872  North  Dakota— 1889 

Article  8 

education 

§  147.  A  high  degree  of  intelligence,  patriotism,  integrity  and 
morality  on  the  part  of  every  voter  in  a  government  by  the  people 
being  necessary  in  order  to  insure  the  continuance  of  that  govern- 
ment and  the  prosperity  and  happiness  of  the  people,  the  legislative 
assembly  shall  make  provision  for  the  establishment  and  maintenance 
of  a  system  of  public  schools  which  shall  be  open  to  all  children 
of  the  State  of  North  Dakota  and  free  from  sectarian  control.  This 
legislative  requirement  shall  be  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  North  Dakota. 

§  148.  The  legislative  assembly  shall  provide,  at  its  first  session 
after  the  adoption  of  this  constitution,  for  a  uniform  system  for  free 
public  schools  throughout  the  state,  beginning  with  the  primary  and 
extending  through  all  grades  up  to  and  including  the  normal  and 
collegiate  course. 

§  149.  In  all  schools  instruction  shall  be  given  as  far  as  practica- 
ble in  those  branches  of  knowledge  that  tend  to  impress  upon  the 
mind  the  vital  importance  of  truthfulness,  temperance,  purity,  public 
spirit,  and  respect  for  honest  labor  of  every  kind. 

§  150.  A  superintendent  o:^  schools  for  each  county  shall  be  elected 
every  two  years,  whose  qualifications,  duties,  powers  and  compen- 
sation shall  be  fixed  by  law. 

§  151.  The  legislative  assembly  shall  take  such  other  steps  as  may 
be  necessary  to  prevent  illiteracy,  secure  a  reasonable  degree  of  uni- 
formity in  course  of  study,  and  to  promote  industrial,  scientific 
and  agricultural  improvements. 

§  152.  All  colleges,  universities  and  other  educational  institutions, 
for  the  support  of  which  lands  have  been  granted  to  this  state,  or 
which  are  supported  by  a  public  tax,  shall  remain  under  the  absolute 
and  exclusive  control  of  the  state.  No  money  raised  for  the  support 
of  the  public  schools  of  the  state  shall  be  appropriated  to  or  used 
for  the  support  of  any  sectarian  school. 

Article  9 
school  and  public  lands 

§  153.  All  proceeds  of  the  public  lands  that  have  heretofore  been, 
or  may  hereafter  be  granted  by  the  United  States  for  the  support 
of  the  common  schools  in  this  state;  all  such  per  centum  as  may  be 
granted  by  the  United  States  on  the  sale  of  public  lands;  the  pro- 
ceeds of  property  that  shall  fall  to  the  state  by  escheat;  the  pro- 
ceeds of  all  gifts  and  donations  to  the  state  for  common  schools,  or 
not  otherwise  appropriated  by  the  terms  of  the  gift,  and  all  other 
property  otherwise  acquired  for  common  schools,  shall  be  and  remain 
a  perpetual  fund  for  the  maintenance  of  the  common  schools  of 
the  state.  It  shall  be  deemed  a  trust  fund,  the  principal  of  which 
shall  forever  remain  inviolate  and  may  be  increased  but  never  dimin- 
ished.    The  state  shall  make  good  all  losses  thereof. 

§  154.  The  interest  and  income  of  this  fund  together  with  the  net 
proceeds  of  all  fines  for  violation  of  state  laws,  and  all  other  sums 


North  Dakota— 1889  2873 

which  may  be  added  thereto  by  law,  shall  be  faithfully  used  and 
applied  each  year  for  the  benefit  of  the  common  schools  of  the  state, 
and  shall  be  for  this  purpose  apportioned  among  and  between  all 
the  several  common  school  corporations  of  the  state  in  proportion  to 
the  number  of  children  in  each  of  school  age,  as  may  be  fixed  by  law, 
and  no  part  of  the  fund  shall  ever  be  diverted  even  temporarily, 
from  this  purpose  or  used  for  any  other  purpose  whatever  than  the 
maintenance  of  common  schools  for  the  equal  benefit  of  all  the  peo- 
ple of  the  state ;  provided,  however,  that  if  any  portion  of  the  interest 
or  income  aforesaid  be  not  expended  during  any  year,  said  portion 
shall  be  added  to  and  become  a  part  of  the  school  fund. 

§  155.  After  one  year  from  the  assembling  of  the  first  legislative 
assembly  the  lands  granted  to  the  state  from  the  United  States  for 
the  support  of  the  common  schools,  may  be  sold  upon  the  following 
conditions  and  no  other.  No  more  than  one- fourth  of  all  such  lands 
shall  be  sold  within  the  first  five  years  after  the  same  become  sale- 
able by  virtue  of  this  section.  No  more  than  one-half  of  the  re- 
mainder within  ten  years  after  the  same  become  saleable  as  afore- 
said. The  residue  may  be  sold  at  any  time  after  the  expiration  of 
said  ten  years.  The  legislative  assembly  shall  provide  for  the  sale 
of  all  school  lands  subject  to  the  provisions  of  this  article.  The  coal 
lands  of  the  state  shall  never  be  sold,  but  the  legislative  assembly  may 
by  general  laws  provide  for  leasing  the  same.  The  words  "coal 
lands  "  shall  include  lands  bearing  lignite  coal. 

§  156.  The  superintendent  of  public  instruction,  governor,  attorney 
general,  secretary  of  state  and  state  auditor  shall  constitute  a  board  of 
commissioners,  which  shall  be  denominated  the  ''Board  of  Uni- 
versity and  School  Lands,"  and  subject  to  the  provisions  of  this 
article  and  any  law  that  may  be  passed  by  the  legislative  assembly, 
said  board  shall  have  control  of  the  appraisement,  sale,  rental  and 
disposal  of  all  school  and  university  lands,  and  shall  direct  the 
investment  of  the  funds  arising  therefrom  in  the  hands  of  the  state 
treasurer,  under  the  limitations  in  section  160  of  this  article. 

§  157.  The  county  superintendent  of  common  schools,  the  chair- 
man of  the  county  board,  and  the  county  auditor  shall  constitute 
boards  of  appraisal  and  under  the  authority  of  the  state  board  of 
university  and  school  lands  shall  appraise  all  school  lands  within 
their  respective  counties  which  they  may  from  time  to  time  recom- 
mend for  sale  at  their  actual  value  under  the  prescribed  terms  and 
shall  first  select  and  designate  for  sale  the  most  valuable  lands. 

§  158.  No  land  shall  be  sold  for  less  than  the  appraised  value  and 
in  no  case  for  less  than  $10  per  acre.  The  purchaser  shall  pay  one- 
fifth  of  the  price  in  cash  and  the  remaining  four-fifths  as  follows: 
One-fifth  in  five  years,  one-fifth  in  ten  years,  one-fifth  in  fifteen  years 
and  one-fifth  in  twenty  years  with  interest  at  the  rate  of  not  less  than 
six  per  centum  payable  annually  in  advance.  All  sales  shall  be  held 
at  the  county  seat  of  the  county  in  which  the  land  to  be  sold  is  situ- 
ate, and  shall  be  at  public  auction  and  to  the  highest  bidder,  after 
sixty  days'  advertisement  of  the  same  in  a  newspaper  of  general  circu- 
lation in  the  vicinity  of  the  lands  to  be  sold,  and  one  at  the  seat  of 
government.  Such  lands  as  shall  not  have  been  specially  subdivided 
shall  be  offered  in  tracts  of  one-quarter  section,  and  those  so  sub- 
divided in  the  smallest  subdivisions.  All  lands  designated  for  sale 
and  not  sold  within  two  years  after  appraisal  shall  be  reappraised 


2874  North  Dakota— 1889 

before  they  are  sold.  No  grant  or  patent  for  any  such  lands  shall 
issue  until  payment  is  made  for  the  same;  provided,  that  the  lands 
contracted  to  be  sold  by  the  state  shall  be  subject  to  taxation  from  the 
date  of  such  contract.  In  case  the  taxes  assessed  against  any  of 
said  lands  for  any  year  remain  unpaid  until  the  first  Monday  in 
October  of  the  following  year,  then  and  thereupon  the  contract  of 
sale  for  such  lands  shall  become  null  and  void. 

§  159.  All  land,  money  or  other  property  donated,  granted  or 
received  from  the  United  States  or  any  other  source  for  a  university, 
school  of  mines,  reform  school,  agricultural  college,  deaf  and  dumb 
asylum,  normal  school  or  other  educational  or  charitable  institution 
or  purpose,  and  the  proceeds  of  all  such  lands  and  other  property  so 
received  from  any  source,  shall  be  and  remain  perpetual  funds,  the  in- 
terest and  income  of  which,  together  with  the  rents  of  all  such  lands 
as  may  remain  unsold,  shall  be  inviolably  appropriated  and  applied 
to  the  specific  objects  of  the  original  grants  or  gifts.  The  principal 
of  every  such  fund  may  be  increased  but  shall  never  be  diminished, 
and  the  interest  and  income  only  shall  be  used.  Every  such  fund 
shall  be  deemed  a  trust  fund  held  by  the  state,  and  the  state  shall 
make  good  all  losses  thereof. 

§  160.  All  lands  mentioned  in  the  preceding  section  shall  be  ap- 
praised and  sold  in  the  same  manner  and  under  the  same  limitations 
and  subject  to  all  the  conditions  as  to  price  and  sale  as  provided 
above  for  the  appraisal  and  sale  of  lands  for  the  benefit  of  common 
schools;  but  a  distinct  and  separate  account  shall  be  kept  by  the 
proper  officers  of  each  of  said  funds;  provided,  that  the  limitations 
as  to  the  time  in  which  school  land  may  be  sold  shall  apply  only  to 
lands  granted  for  the  support  of  common  schools. 

§  161.  The  legislative  assembly  shall  have  authority  to  provide  by 
law  for  the  leasing  of  lands  granted  to  the  state  for  educational  and 
charitable  purposes;  but  no  such  law  shall  authorize  the  leasing  of 
said  lands  for  a  longer  period  than  five  years.  Said  lands  shall  only 
be  leased  for  pasturage  and  meadow  purposes  and  at  a  public  auction 
after  notice  as  heretofore  provided  in  case  of  sale ;  provided,  that  all 
of  said  school  lands  now  under  cultivation  may  be  leased,  at  the  dis- 
cretion and  under  the  control  of  the  board  of  university  and  school 
lands,  for  other  than  pasturage  and  meadow  purposes  until  sold.  All 
rents  shall  be  paid  in  advance. 

§  162.  The  moneys  of  the  permanent  school  fund  and  other  educa- 
tional funds  shall  be  invested  only  in  bonds  of  school  corporations 
within  the  state,  bonds  of  the  United  States,  bonds  of  the  State  of 
North  Dakota  or  in  first  mortgages  on  farm  lands  in  the  state,  not 
exceeding  in  amount  one-third  of  the  actual  value  of  any  subdivision 
on  which  the  same  may  be  loaned,  such  value  to  be  determined  by  the 
board  of  appraisers  of  school  lands.** 

§  163.  No  law  shall  ever  be  passed  by  the  legislative  assembly 
granting  to  any  person,  corporation  or  association  any  privileges  b^^ 
reason  of  the  occupation,  cultivation  or  improvement  of  any  public 
lands  by  said  person,  corporation  or  association  subsequent  to  the 
survey  thereof  by  the  general  government.  No  claim  for  the  occupa- 
tion, cultivation  or  improvement  of  any  public  lands  shall  ever  be 
recognized,  nor  shall  such  occupation,  cultivation  or  improvement  of 

<»  See  amendment,  Article  6. 


Ncyrih  Dakota— 1889  2875 

any  public  lands  ever  be  used  to  diminish,  either  directly  or  indi- 
rectly, the  purchase  price  of  said  lands. 

§  1()4.  The  legislative  assembly  shall  have  authority  to  provide  by 
law  for  the  sale  or  disposal  of  all  })ublic  lands  that  have  been  hereto- 
fore, or  may  hereafter  be  granted  by  the  United  States  to  the  state  for 
purposes  other  than  set  forth  and  named  in  sections  153  and  159  of 
this  article.  And  the  legislative  assembly,  in  providing  for  the  ap- 
praisement, sale,  rental  and  disposal  of  the  same,  shall  not  be  subject 
to  the  provisions  and  limitations  of  this  article. 

§  165.  The  legislative  assembly  shall  pass  suitable  laws  for  the  safe 
keeping,  transfer  and  disbursement  of  the  state  school  funds;  and 
shall  require  all  officers  charged  with  the  same  or  the  safe  keeping 
thereof  to  give  ample  bonds  for  all  moneys  and  funds  received  by 
them,  and  if  any  of  said  officers  shall  convert  to  his  own  use  in  any 
manner  or  form,  or  shall  loan  with  or  without  interest  or  shall  deposit 
in  his  own  name,  or  otherwise  than  in  the  name  of  the  State  of  North 
Dakota  or  shall  deposit  in  any  banks  or  with  any  person  or  persons, 
or  exchange  for  other  funds  or  property  any  portion  of  the  school 
funds  aforesaid,  or  purposely  allow  any  portion  of  the  same  to  remain 
in  his  own  hands  uninvested,  except  in  the  manner  prescribed  by  law, 
every  such  act  shall  constitute  an  embezzlement  of  so  much  of  the 
aforesaid  school  funds  as  shall  be  thus  taken  or  loaned,  or  deposited, 
or  exchanged,  or  withheld,  and  shall  be  a  felony ;  and  any  failure  to 
pay  over,  produce  or  account  for,  the  state  school  funds  or  any  part 
of  the  same  entrusted  to  any  such  officer,  as  by  law  required  or  de- 
manded, shall  be  held  and  be  taken  to  be  prima  facie  evidence  of  such 
embezzlement. 

Article  10 
county  and  township  organization 

§  166.  The  several  counties  in  the  Territory  of  Dakota  lying  north 
of  the  seventh  standard  parallel,  as  they  now  exist,  are  hereby  de- 
clared to  be  counties  of  the  State  of  North  Dakota. 

§  167.  The  legislative  assembly  shall  provide  by  general  law  for 
organizing  new  counties,  locating  the  county  seats  thereof  tempo- 
rarily, and  changing  county  lines;  but  no  new  county  shall  be  or- 
ganized, nor  shall  any  organized  county  be  so  reduced  as  to  include 
an  area  of  less  than  twenty-four  congressional  townships,  and  con- 
taining a  population  of  less  than  one  thousand  bona  fide  inhabitants. 
And  in  the  organization  of  new  counties  and  in  changing  the  lines  of 
organized  counties  and  boundaries  of  congressional  townships  the 
natural  boundaries  shall  be  observed  as  nearly  as  may  be. 

§  168.  All  changes  in  the  boundaries  of  organized  counties  before 
taking  effect  shall  be  submitted  to  the  electors  of  the  county  or  coun- 
ties to  be  affected  thereby  at  a  general  election  and  be  adopted  by  a 
majority  of  all  the  legal  votes  cast  in  each  county  at  such  election; 
and  in  case  any  portion  of  an  organized  county  is  stricken  off  and 
added  to  another,  the  county  to  which  such  portion  is  added  shall 
assume  and  be  holden  for  an  equitable  proportion  of  the  indebtedness 
of  the  county  so  reduced. 

§  169.  The  legislative  assembly  shall  provide  by  general  law  for 
chariging  county  seats  in  organized  counties,  but  it  shall  have  no 
power  to  remove  the  county  seat  of  any  organized  county. 


2876  North  Dakota— 1889 

§  ITO.  The  legislative  assembly  shall  provide  by  general  law  for 
township  organization  under  which  any  county  may  organize,  when- 
ever a  majority  of  all  the  legal  voters  of  such  county,  voting  at  a 
general  election  shall  so  determine,  and  whenever  any  county  shall 
adopt  township  organization,  so  much  of  this  constitution  as  provides 
for  the  management  of  the  fiscal  concerns  of  said  county  by  the  board 
of  county  commissioners  may  be  dispensed  with  by  a  majority  vote  ot 
the  people  voting  at  any  general  election;  and  the  affairs  of  said 
county  may  be  transacted  by  the  chairmen  of  the  several  township 
boards  of  said  county  and  such  others  as  may  be  provided  by  law  for 
incorporated  cities,  towns  or  villages,  w^ithin  such  county. 

§  171.  In  any  county  that  shall  have  adopted  a  system  of  govern- 
ment by  the  chairmen  of  the  several  township  boards,  the  question  of 
continuing  the  same  may  be  submitted  to  the  electors  of  such  county 
at  a  general  election  in  such  a  manner  as  may  be  provided  by  law,  and 
if  a  majority  of  all  the  votes  cast  upon  such  question  shall  be  against 
said  system  of  government,  then  such  system  shall  cease  in  said  county 
and  the  affairs  of  said  county  shall  then  be  transacted  by  a  board  of 
county  commissioners  as  is  now  provided  by  the  laws  of  the  Territory 
of  Dakota. 

§  172.  Until  the  system  of  county  government  by  the  chairmen  of 
the  several  township  boards  is  adopted  by  any  county  the  fiscal  affairs 
of  said  county  shall  be  transacted  by  a  board  of  county  commissioners. 
Said  board  shall  consist  of  not  less  than  three  and  not  more  than  five 
members  w^hose  terms  of  office  shall  be  prescribed  by  law.  Said  board 
shall  hold  sessions  for  the  transaction  of  county  business,  as  shall  be 
provided  by  law. 

§  173.  At  the  first  general  election  held  after  the  adoption  of  this 
constitution,  and  every  two  years  thereafter,  there  shall  be  elected  in 
each  organized  county  in  the  state,  a  county  judge,  clerk  of  court, 
register  of  deeds,  county  auditor,  treasurer,  sheriff  and  state's  attor- 
ney, who  shall  be  electors  of  the  county  in  which  they  are  elected,  and 
wdio  shall  hold  their  office  until  their  successors  are  elected  and  quali- 
fied. The  legislative  assembly  shall  provide  by  law  for  such  other 
county,  township  and  district  officers  as  may  be  deemed  necessary, 
and  shall  prescribe  the  duties  and  compensation  of  all  county,  town- 
ship and  district  officers.  The  sheriff  and  treasurer  of  any  county 
shall  not  hold  their  respective  offices  for  more  than  four  years  in 
succession. 

Article  11 

REVENUE    AND    TAXATION 

§174.  The  legislative  assembly  shall  provide  for  raising  revenue 
sufficient  to  defray  the  expenses  of  the  state  for  each  year,  not  to  ex- 
ceed in  any  one  year  four  mills  on  the  dollar  of  the  assessed  valua- 
tion of  all  taxable  property  in  the  state,  to  be  ascertained  by  the  last 
assessment  made  for  state  and  county  purposes,  and  also  a  sufficient 
sum  to  pay  the  interest  on  the  state  debt. 

§  175.  No  tax  shall  be  levied  except  in  pursuance  of  law,  and  every 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same,  to 
which'  only  it  shall  be  applied.  . 


North  Dakota— 1889  2877 

§  170.  Laws  shall  be  passed  taxing  by  imiform  rule  all  property 
according  to  its  true  value  in  money,  but  the  property  of  the  United 
States  and  the  state,  county  and  municipal  corporations,  both  real 
and  personal,  shall  be  exempt  from  taxation;  and  the  legislative 
assembly  shall  by  a  general  law  exempt  from  taxation  property  used 
exclusively  for  school,  religious,  cemetery  or  charitable  purposes  and 
personal  property  to  any  amount  not  exceeding  in  value  two  hundred 
dollars  for  each  individual  liable  to  taxation;  but  the  legislative 
assembly  may,  by  law,  provide  for  the  payment  of  a  per  centum  of 
gross  earnings  of  railroad  companies  to  be  paid  in  lieu  of  all  state, 
county,  township  and  school  taxes  on  property  exclusively  used  in 
and  about  the  prosecution  of  the  business  of  such  companies  as  com- 
mon carriers,  but  no  real  estate  of  said  corporations  shall  be  exempted 
from  taxation  in  the  same  manner,  and  on  the  same  basis  as  other 
real  estate  is  taxed,  except  roadbed,  right-of-way,  shops  and  build- 
ings used  exclusively  in  their  business  as  common  carriers,  and  when- 
ever and  so  long  as  such  law  providing  for  the  payment  of  a  per 
centum  on  earnings  shall  be  in  force,  that  part  of  section  179  of  this 
article  relating  to  assessment  of  railroad  property  shall  cease  to  be 
in  force.*^ 

§  177.  All  improvements  on  land  shall  be  assessed  in  accordance 
with  section  179,  but  plowing  shall  not  be  considered  as  an  improve- 
ment or  add  to  the  value  of  land  for  the  purpose  of  assessment. 

§  178.  The  power  of  taxation  shall  never  be  surrendered  or  sus- 
pended by  any  grant  or  contract  to  which  the  state  or  any  county  or 
other  municipal  corporation  shall  be  a  party. 

§  179.  All  property,  except  as  hereinafter  in  this  section  provided, 
shall  be  assessed  in  the  county,  city,  township,  town,  village  or  dis- 
trict in  which  it  is  situated,  in  the  manner  prescribed  by  law.  The 
franchise,  roadway,  roadbed,  rails  and  rolling  stock  of  all  railroads 
operated  in  this  state  shall  be  assessed  by  the  state  board  of  equaliza- 
tion at  their  actual  value  and  such  assessed  valuation  shall  be  appor- 
tioned to  the  counties,  cities,  towns,  townships  and  districts  in  which 
said  roads  are  located,  as  a  basis  for  taxation  of  such  property  in 
proportion  to  the  number  of  miles  of  railway  laid  in  such  counties, 
cities,  towns,  townships  and  districts. 

.  §  180.  The  legislative  assembly  may  provide  for  the  levy,  collec- 
tion and  disposition  of  an  annual  poll  tax  of  not  more  than  one 
dollar  and  fift}^  cents  on  every  male  inhabitant  of  this  state  over 
twenty-one  and  under  fifty  years  of  age,  except  paupers,  idiots,  insane 
persons  and  Indians  not  taxed. 

§  181.  The  legislative  assembly  shall  pass  all  laws  necessary  to 
carry  out  the  provisions  of  this  article. 

Article  12 
public  debt  and  public;  works 

§  182.  The  state  may,  to  meet  casual  deficits  or  failure  in  the 
revenue,  or  in  case  of  extraordinai-y  emergencies,  contract  debts,  but 

^  See  amendments,  Article  5. 


2878  North  Dakota— 1889 

such  debts  shall  never  in  the  aggregate  exceed  the  sum  of  two  hnn- 
dred  thousand  dollars,  exclusive  of  what  may  be  the  debt  of  North 
Dakota  at  the  time  of  the  adoption  of  this  constitution.  Every  such 
debt  shall  be  authorized  by  law  for  certain  purposes  to  be  definitely 
mentioned  therein,  and  every  such  law  shall  provide  for  levying  an 
annual  tax  sufficient  to  pay  the  interest  semi-annually,  and  the 
principal  within  thirty  years  from  the  passage  of  such  law,  and  shall 
specially  a;ppropriate  thfe  proceeds  of  such  tax  to  the  payment  of  said 
principal  and  interest,  and  such  appropriation  shall  not  be  repealed 
nor  the  tax  discontinued  until  such  debt,  both  principal  and  interest, 
shall  have  been  fully  paid.  No  debt  in  excess  of  the  limit  named 
shall  be  incurred  except  for  the  purpose  of  repelling  invasion,  sup- 
pressing insurrection,  defending  the  state  in  time  of  war,  or  to  pro- 
vide for  public  defense  in  case  of  threatened  hostilities;  but  the 
issuing  of  new  bonds  to  refund  existing  indebtedness,  shall  not  be 
construed  to  be  any  part  or  portion  of  said  two  hundred  thousand 
dollars. 

§  183.  The  debt  of  any  county,  township,  city,  town,  school  dis- 
trict or  any  other  political  subdivision,  shall  never  exceed  five  per 
centum  upon  the  assessed  value  of  the  taxable  property  therein;  pro- 
vided, that  any  incorporated  city  may,  by  a  two-thirds  vote,  increase 
such  indebtedness  three  per  centum  on  such  assessed  value  beyond 
said  five  per  cent  limit.  In  estimating  the  indebtedness  which  a 
city,  county,  township,  school  district  or  any  other  political  subdi- 
vision may  incur,  the  entire  amount  of  existing  indebtedness,  whether 
contracted  prior  or  subsequent  to  the  adoption  of  this  constitution 
shall  be  included ;  provided,  further,  that  any  incorporated  city  may 
become  indebted  in  any  amount  not  exceeding  four  per  centum  on 
such  assessed  value  without  regard  to  the  existing  indebtedness  of 
such  city,  for  the  purpose  of  constructing  or  purchasing  water  works 
for  furnishing  a  supply  of  water  to  the  inhabitants  of  such  city,  or 
for  the  purpose  of  constructing  sewers,  and  for  no  other  purpose 
whatever.  All  bonds  or  obligations  in  excess  of  the  amount  of 
indebtedness  permitted  by  this  constitution,  given  by  any  city,  county, 
township,  town,  school  district,  or  any  other  political  subdivision 
shall  be  void. 

§  184.  Any  city,  county,  township,  town,  school  district,  or  any 
other  political  subdivision  incurring  indebtedness  shall  at  or  before 
the  time  of  so  doing,  provide  for  the  collection  of  an  annual  tax  suf- 
ficient to  pay  the  interest  and  also  the  principal  thereof  when  due, 
and  all  laws  or  ordinances  providing  for  the  payment  of  the  interest 
or  principal  of  any  debt  shall  be  irrepealable  until  such  debt  be  paid. 

§  185.  Neither  the  state  nor  any  county,  city,  township,  town, 
school  district  or  any  other  political  subdivision  shall  loan  or  give  its 
credit  or  make  donations  to  or  in  aid  of  any  individual,  association 
or  corporation,  except  for  necessary  support  of  the  poor,  nor  sub- 
scribe to  or  become  the  owner  of  the  capital  stock  of  any  association 
or  corporation,  nor  shall  the  state  engage  in  any  work  of  internal 
improvement  unless  authorized  by  a  two-thirds  vote  of  the  people. 

§  180.  No  money  shall  be  paid  out  of  the  state  treasury  except  upon 
appropriation  by  law  and  on  warrant  drawn  by  the  proper  officer,  and 
no  bills',  claims,  accounts  or  demands  against  the  state,  or  any  county 
or  other  political  subdivision,  shall  be  audited,  allowed  or  paid  until 


North  Dakota— 1889  2879 

a  full  itemized  statement  in  writing  shall  be  filed  with  the  officer  or 
officers,  whose  duty  it  may  be  to  audit  the  same. 

§  187.  No  bond  or  evidence  of  indebtedness  of  the  state  shall  be 
valid  unless  the  same  shall  have  indorsed  thereon  a  certificate,  signed 
by  the  auditor  and  secretary  of  state,  showing  that  the  bond  or  evi- 
dence of  debt  is  issued  pursuant  to  law  and  is  within  the  debt  limit. 
No  bond  or  evidence  of  debt  of  any  county,  or  bond  of  any  township 
or  other  political  subdivision  shall  be  valid  unless  the  same  have 
indorsed  thereon  a  certificate  signed  by  the  county  auditor,  or  other 
officer  authorized  by  law  to  sign  such  certificate,  stating  that  said 
bond,  or  evidence  of  debt,  is  issued  pursuant  to  law  and  is  within  the 
debt  limit. 

Article  13 

MILITIA 

§  188.  The  militia  of  this  state  shall  consist  of  all  able-bodied  male 
persons  residing  in  the  state,  between  the  ages  of  eighteen  and  forty- 
five  years,  except  such  as  may  be  exempted  by  the  laws  of  the  United 
States  or  of  this  state.  Persons  w^hose  religious  tenets  or  conscien- 
tious scruples  forbid  them  to  bear  arms  shall  not  be  compelled  to  do 
so  in  times  of  peace,  but  shall  pay  an  equivalent  for  a  personal  service. 

§  189.  The  militia  shall  be  enrolled,  organized,  uniformed,  armed 
and  disciplined  in  such  a  manner  as  shall  be  provided  by  law,  not 
incompatible  with  the  constitution  or  laws  of  the  United  States. 

§  190.  The  legislative  assembly  shall  provide  by  law  for  the  estab- 
lishment of  volunteer  organizations  of  the  several  arms  of  the  service, 
which  shall  be  classed  as  active  militia ;  and  no  other  organized  body 
of  armed  men  shall  be  permitted  to  perform  military  duty  in  this 
state  except  the  army  of  the  United  States,  without  the  proclamation 
of  the  governor  of  the  state. 

§  191.  All  militia  officers  shall  be  appointed  or  elected  in  such  a 
manner  as  the  legislative  assembly  shall  provide. 

§  192.  The  commissioned  officers  of  the  militia  shall  be  commis- 
sioned by  the  governor,  and  no  commissioned  officer  shall  be  removed 
from  office  except  by  sentence  of  court  martial,  pursuant  to  law. 

§  193.  The  militia  forces  shall  in  all  cases,  except  treason,  felony  or 
breach  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance at  musters,  parades  and  elections  of  officers,  and  in  going  to  and 
returning  from  the  same. 

Article  14 

impeachment  and  removal  from  office 

§  194.  The  house  of  representatives  shall  have  the  sole  power  of 
impeachment.  The  concurrence  of  a  majority  of  all  members  elected 
shall  be  necessary  to  an  impeachment. 

§  195.  All  impeachments  shall  be  tried  by  the  senate.  When  sit- 
ting for  that  purpose  the  senators  shall  be  upon  oath  or  affirmation 
to  do  justice  according  to  the  law  and  evidence.  No  person  shall  be 
convicted  without  the  concurrence  of  two-thirds  of  the  members 
elected.  When  the  governor  or  lieutenant  governor  is  on  trial,  the 
presiding  judge  of  the  supreme  court  shall  preside. 


2880  North  Dakota— 1889 

§  196.  The  governor  and  other  state  and  judicial  officers,  except 
county  judges,  justices  of  the  peace  and  police  magistrates,  shall  be 
liable  to  impeachment  for  habitual  drunkenness,  crimes,  corrupt  con- 
duct, or  malfeasance  or  misbehavior  in  office,  but  judgment  in  such 
cases  shall  not  extend  further  than  removal  from  office  and  disquali- 
fication to  hold  any  office  of  trust  or  profit  under  the  state.  The 
person  accused,  whether  convicted  or  acquitted,  shall  nevertheless  be 
liable  to  indictment,  trial,  judgment  and  punishment  according  to 
law. 

§  197.  All  officers  not  liable  to  impeachment  shall  be  subject  to 
removal  for  misconduct,  malfeasance,  crime  or  misdemeanor  in  office, 
or  for  habitual  drunkenness  or  gross  incompetency  in  such  manner  as 
may  be  provided  by  law. 

§  198.  No  officer  shall  exercise  the  duties  of  his  office  after  he  shall 
have  been  impeached  and  before  his  acquittal. 

§  199.  On  trial  of  impeachment  against  the  governor,  the  lieutenant 
governor  shall  not  act  as  a  member  of  the  court. 

§  200.  No  person  shall  be  tried  on  impeachment  before  he  shall  have 
been  served  with  a  copy  thereof,  at  least  twenty  days  previous  to  the 
day  set  for  trial. 

§  201.  No  person  shall  be  liable  to  impeachment  twice  for  the  same 
offense. 

Article  15 

future  amendments 

§  202.  Any  amendment  or  amendments  to  this  constitution  may  be 
proposed  in  either  house  of  the  legislative  assembly ;  and  if  the  same 
shall  be  agreed  to  by  a  majority  of  the  members  elected  to  each  of  the 
two  houses,  such  proposed  amendment  shall  be  entered  on  the  journal 
of  the  house  with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
legislative  assembly  to  be  chosen  at  the  next  general  election,  and 
shall  be  published,  as  provided  by  law,  for  three  months  previous  to 
the  time  of  making  such  choice,  and  if  in  the  legislative  assembly  so 
next  chosen  as  aforesaid  such  proposed  amendment  or  amendments 
shall  be  agreed  to  by  a  majority  of  all  the  members  elected  to  each 
house,  then  it  shall  be  the  duty  of  the  legislative  assembly  to  submit 
such  proposed  amendment  or  amendments  to  the  people  in  such  man- 
ner and  at  such  time  as  the  legislative  assembly  shall  provide ;  and  if 
the  people  shall  approve  and  ratify  such  amendment  or  amendments 
by  a  majority  of  the  electors  qualified  to  vote  for  members  of  the 
legislative  assembly  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  the  constitution  of  this  state.  If  two  or  more 
amendments  shall  be  submitted  at  the  same  time  they  shall  be  sub- 
mitted in  such  manner  that  the  electors  shall  vote  for  or  against  each 
of  such  amendments  separately. 

Article  16 
compact  with  the  united  states 

§  203.  The  following  article  shall  be  irrevocable  without  the  con- 
sent of  the  United  States  and  the  people  of  this  state : 

1.  Perfect  toleration  of  religious  sentiment  shall  be  secured,  and  no 
inhabitant  of  this  state  shall  ever  be  molested  in  person  or  property 
on  account  of  his  or  h^r  mode  of  religious  worship. 


Ncyrth  Dakota— 1889  2881 

2.  The  people  inhabiting  this  state  do  agree  and  declare  that  they 
forever  disclaim  all  right  and  title  to  the  unappropriated  public  lands 
lying  within  the  boundaries  thereof,  and  to  all  lands  lying  within  said 
limits  owned  or  held  by  any  Indian  or  Indian  tribes,  and  that  until 
the  title  thereto  shall  have  extinguished  by  the  United  States,  the 
same  shall  be  and  remain  subject  to  the  disposition  of  the  United 
States,  and  that  said  Indian  lands  shall  remain  under  the  absolute 
jurisdiction  and  control  of  the  congress  of  the  United  States;  that 
the  lands  belonging  to  citizens  of  the  United  States  residing  without 
this  state  shall  never  be  taxed  at  a  higher  rate  than  the  lands  belong- 
ing to  residents  of  this  state;  that  no  taxes  shall  be  imposed  by  this 
state  on  lands  or  property  therein  belonging  to,  or  which  may  here- 
after be  purchased  by  the  United  States,  or  reserved  for  its  use.  But 
nothing  in  this  article  shall  preclude  this  state  from  taxing  as  other 
lands  are  taxed,  any  lands  owned  or  held  by  any  Indian  who  has  sev- 
ered his  tribal  relations,  and  has  obtained  from  the  United  States  or 
from  any  person,  a  title  thereto,  by  patent  or  other  grant,  save  and 
except  such  lands  as  have  been  or  may  be  granted  to  anj^  Indian  or 
Indians  under  any  acts  of  congress  containing  a  provision  exempting 
the  lands  thus  granted  from  taxation,  w^hich  last  mentioned  lands 
shall  be  exempt  from  taxation  so  long,  and  to  such  an  extent,  as  is,  or 
may  be  provided  in  the  act  of  congress  granting  the  same. 

3.  In  order  that  payment  of  the  debts  and  liabilities  contracted  or 
incurred  by  and  on  behalf  of  the  Territory  of  Dakota  may  be  justly 
and  equitably  provided  for  and  made,  and  in  pursuance  of  the  re- 
quirements of  an  act  of  congress  approved  February  22,  1889,  en- 
titled "An  act  to  provide  for  the  division  of  Dakota  into  two  states 
and  to  enable  the  people  of  North  Dakota,  South  Dakota,  Montana 
and  Washington  to  form  constitutions  and  state  governments  and  to 
be  admitted  into  the  union  on  an  equal  footing  with  the  original 
states,  and  to  make  donations  of  public  lands  to  such  states,"  the 
states  of  North  Dakota  and  South  Dakota,  by  proceedings  of  a  joint 
commission,  duly  appointed  under  said  act,  the  sessions  whereof  were 
held  at  Bismarck  in  said  State  of  North  Dakota,  from  July  16,  1889, 
to  July  31,  1889,  inclusive,  have  agreed  to  the  following  adjustment 
of  the  amounts  of  the  debts  and  liabilities  of  the  Territory  of  Dakota 
which  shall  be  assumed  and  paid  by  each  of  the  States  of  North 
Dakota  and  South  Dakota,  respectively,  towit: 

This  agreement  shall  take  effect  and  be  in  force  from  and  after  the 
admission  into  the  union,  as  one  of  the  United  States  of  America,  of 
either  the  State  of  North  Dakota  or  the  State  of  South  Dakota. 

The  words  "  State  of  North  Dakota,"  wherever  used  in  this  agree- 
ment, shall  be  taken  to  mean  the  Territory  of  North  Dakota  in  case 
the  State  of  South  Dakota  shall  be  admitted  into  the  union  prior  to 
the  admission  into  the  union  of  the  State  of  North  Dakota ;  and  the 
words  "  State  of  South  Dakota,"  wherever  used  in  this  agreement, 
shall  be  taken  to  mean  the  Territory  of  South  Dakota  in  case  the 
State  of  North  Dakota  shall  be  admitted  into  the  union  prior  to  the 
admission  into  the  union  of  the  State  of  South  Dakota. 

The  said  State  of  North  Dakota  shall  assume  and  pay  all  bonds 
issued  by  the  Territory  of  Dakota  to  provide  funds  for  the  purchase, 
construction,  repairs  or  maintenance  of  such  public  institutions, 
grounds  or  buildings  as  are  located  within  the  boundaries  of  North 


2882  North  Dakota— 1889 

Dakota,  and  shall  pay  all  warrants  issued  under  and  "by  virtue  of 
that  certain  act  of  the  legislative  assembly  of  the  Territory  of  Dakota, 
approved  March  8,  1889,  entitled  "An  act  to  pi^ovide  for  the  refund- 
ing of  outstanding  warrants  drawn  on  the  capitol  building  fund." 

The  State  of  South  Dakota  shall  assume  and  pay  all  bonds  issued 
by  the  Territory  of  Dakota  to  provide  funds  for  the  purchase,  con- 
struction, repairs  or  maintenance  of  such  public  institutions,  grounds 
or  buildings  as  are  located  within  the  boundaries  of  South  Dakota, 
that  is  to  say,  the  State  of  North  Dakota  shall  assume  and  pay  the 
following  bonds  and  indebtedness,  towit: 

Bonds  issued  on  account  of  the  hospital  for  insane  at  Jamestown, 
North  Dakota,  the  face  aggregate  of  which  is  $266,000;  also,  bonds 
issued  on  account  of  the  North  Dakota  university  at  Grand  Forks, 
North  Dakota,  the  face  aggregate  of  which  is  $96,700;  also,  bonds 
issued  on  account  of  the  penitentiary  at  Bismarck,  North  Dakota,  the 
face  aggregate  of  which  is  $93,600;  also,  refunding  capitol  building 
warrants  dated  April  1,  1889,  $83,507.46. 

And  the  State  of  South  Dakota  shall  assume  and  pay  the  following 
bonds  and  indebtedness,  towit: 

Bonds  issued  on  account  of  the  hospital  for  the  insane  at  Yankton, 
South  Dakota,  the  face  aggregate  of  Avhich  is  $210,000;  also,  bonds 
issued  on  account  of  the  school  for  deaf  mutes,  at  Sioux  Falls,  South 
Dakota,  the  face  aggregate  of  which  is  $51,000;  also,  bonds  issued  on 
account  of  the  university  at  Vermillion,  South  Dakota,  the  face  ag- 
gregate of  Avhich  is  $75,000 ;  also,  bonds  issued  on  account  of  the  peni- 
tentiary at  Sioux  Falls,  South  Dakota,  the  face  aggregate  of  which  is 
$94,300;  also,  bonds  issued  on  account  of  the  agricultural  college  at 
Brookings,  South  Dakota,  the  face  aggregate  of  which  is  $97,500; 
also,  bonds  issued  on  account  of  the  normal  school  at  Madison,  South 
Dakota,  the  face  aggregate  of  which  is  $49,400 ;  also,  bonds  issued  on 
account  of  the  school  of  mines  at  Rapid  City,  South  Dakota,  the  face 
aggregate  of  Avhich  is  $33,000;  also,  bonds  issued  on  account  of  the 
reform  school  at  Plankinton,  South  Dakota,  the  face  aggregate  of 
which  is  $30,000 ;  also,  bonds  issued  on  account  of  the  normal  school 
at  Spearfish,  South  Dakota,  the  face  aggregate  of  which  is  $25,000; 
also,  bonds  issued  on  account  of  the  soldiers'  home  at  Hot  Springs, 
South  Dakota,  the  face  aggregate  of  which  is  $45,000. 

The  states  of  North  Dakota  and  South  Dakota  shall  pay  one-half 
each  of  all  liabilities  now  existing  or  hereafter  and  prior  to  the  taking 
effect  of  this  agreement  incurred,  except  those  heretofore  or  hereafter 
incurred,  on  account  of  public  institutions,  grounds  or  buildings, 
except  as  otherwise  herein  specifically  provided. 

The  State  of  South  Dakota  shall  pay  to  the  State  of  North  Dakota 
$46,500,  on  account  of  the  excess  of  territorial  appropriations  for  the 
permanent  improvement  of  territorial  institutions  which  under  this 
agreement  will  go  to  South  Dakota,  and  in  full  of  the  undivided  one- 
half  interest  of  North  Dakota  in  the  territorial  library,  and  in  full 
settlement  of  unbalanced  accounts,  and  of  all  claims  against  the  terri- 
tory, of  whatever  nature,  legal  or  equitable,  arising  out  of  the  alleged 
erroneous  or  unlawful  taxation  of  Northern  Pacific  railroad  lands, 
and  the  payment  of  said  amount  shall  discharge  and  exempt  the  State 
of  South  Dakota  from  all  liability  for  or  on  account  of  the  several 
matters  hereinbefore  referred  to ;  nor  shall  either  state  be  called  upon 


North  Dakota— 1889  2883 

to  pay  or  answer  to  any  portion  of  liability  hereafter  arising  or  ac- 
cruing on  account  of  transactions  heretofore  had,  which  liability 
would  be  a  liability  of  the  Territory  of  Dakota  had  such  territory 
remained  in  existence,  and  which  liability  shall  grow  out  of  matters 
connected  with  any  public  institutions,  grounds  or  buildings  of  the 
territory  situated  or  located  within  the  boundaries  of  the  other  state. 
A  final  adjustment  of  accounts  shall  be  made  upon  the  following 
basis:  North  Dakota  shall  be  charged  wdth  all  sums  paid  on  account 
of  the  public  institutions,  grounds  or  buildings  located  within  its 
boundaries  on  account  of  the  current  appropriations  since  March  9, 
1889;  and  South  Dakota  shall  be  charged  with  all  sums  paid  on 
account  of  public  institutions,  grounds  or  buildings  located  within  its 
boundaries  on  the  same  account  and  during  the  same  time.  Each 
state  shall  be  charged  with  one-half  of  all  other  expenses  of  the  terri- 
torial government  during  the  same  time.  All  moneys  paid  into  the 
treasury  during  the  period  from  March  8,  1889,  to  the  time  of  taking 
effect  of  this  agreement  by  any  county,  municipality  or  person  within 
the  limits  of  the  proposed  State  of  North  Dakota,  shall  be  credited 
to  the  State  of  North  Dakota;  and  all  sums  paid  into  said  treas- 
ury within  the  same  time  by  any  county,  municipality  or  person 
within  the  limits  of  the  proposed  State  of  South  Dakota  shall  be 
credited  to  the  State  of  South  Dakota ;  except  that  any  and  all  taxes 
on  gross  earnings  paid  into  said  treasury  by  railroad  corporations, 
since  the  8th  day  of  March,  1889,  based  upon  earnings  of  years  prior 
to  1888,  under  and  by  virtue  of  the  act  of  the  legislative  assembly  of 
the  Territory  of  Dakota,  approved  March  7,  1889,  and  entitled  "An 
act  providing  for  the  levy  and  collection  of  taxes  upon  property  of 
railroad  companies  in  this  Territory,"  being  chapter  107  of  the  session 
laws  of  1889  (that  is,  the  part  of  such  sums  going  to  the  territory), 
shall  be  equally  divided  between  the  states  of  North  Dakota  and 
South  Dakota,  and  all  taxes  heretofore  or  hereafter  paid  into  said 
treasury  under  and  by  virtue  of  the  act  last  mentioned,  based  on  the 
gross  earnings  of  the  year  1888,  shall  be  distributed  as  already  pro- 
vided by  law,  except  that  so  much  thereof  as  goes  to  the  territorial 
treasury  shall  be  divided  as  follows:  North  Dakota  shall  have  so 
much  thereof  as  shall  be  or  has  been  paid  by  railroads  within  the 
limits  of  the  proposed  State  of  North  Dakota,  and  South  Dakota  so 
much  thereof  as  shall  be  or  has  been  paid  by  railroads  within  the 
limits  of  the  proposed  State  of  South  Dakota;  each  state  shall  be 
credited  also  with  all  balances  of  appropriations  made  by  the  seven- 
teenth legislative  assembly  of  the  Territory  of  Dakota  for  the  account 
of  the  public  institutions,  grounds  or  buildings  situated  Avithin  its 
limits,  remaining  unexpended  on  March  8,  1889.  If  there  shall  be 
any  indebtedness  except  the  indebtedness  represented  by  the  bonds 
and  refunding  warrants  hereinbefore  mentioned,  each  state  shall  at 
the  time  of  such  final  adjustment  of  accounts,  assume  its  share  of  said 
indebtedness  as  determined  by  the  amount  paid  on  account  of  the 
public  institutions,  grounds  or  buildings  of  such  state  in  excess  of  the 
receipts  from  counties,  municipalities,  railroad  corporations  or  per- 
sons within  the  limits  of  said  state,  as  provided  in  this  article ;  and  if 
there  should  be  a  surplus  at  the  time  of  such  final  adjustment,  each 
state  shall  be  entitled  to  the  amounts  received  from  counties,  munici- 
palities, railroad  corporations  or  persons  within  its  limits  over  and 

7254— VOL  5—09 23 


2884  North  Dakota— 1889 

above  the  amount  charged  it.  And  the  State  of  North  Dakota  hereby 
obligates  itself  to  pay  such  part  of  the  debts  and  liabilities  of  the 
Territory  of  Dakota  as  is  declared  by  the  foregoing  agreement  to  be 
its  proportion  thereof,  the  same  as  if  such  proportion  had  been  origi- 
nally created  by  said  State  of  North  Dakota  as  its  own  debt  or 
liability. 

§  204.  Jurisdiction  is  ceded  to  the  United  States  over  the  military 
reservations  of  Fort  Abraham  Lincoln,  Fort  Buford,  Fort  Pembina 
and  Fort  Totten,  heretofore  declared  by  the  president  of  the  United 
States ;  provided,  legal  process,  civil  and  criminal,  of  this  state,  shall 
extend  over  such  reservations  in  all  cases  in  which  exclusive  juris- 
diction is  not  vested  in  the  United  States,  or  of  crimes  not  committed 
within  the  limits  of  such  reservations. 

§  205.  The  State  of  North  Dakota  hereby  accepts  the  several  grants 
of  land  granted  by  the  United  States  to  the  State  of  North  Dakota 
by  an  act  of  congress,  entitled  "An  act  to  provide  for  the  division  of 
Dakota  into  two  states,  and  to  enable  the  people  of  North  Dakota, 
South  Dakota,  Montana  and  Washington  to  form  constitutions  and 
state  governments,  and  to  be  admitted  into  the  union  on  equal  footing 
Avith  the  original  states,  and  to  make  donations  of  public  lands  to 
such  states,"  under  the  conditions  and  limitations  therein  mentioned ; 
reserving  the  right,  however,  to  apply  to  congress  for  modification  of 
said  conditions  and  limitations  in  case  of  necessity. 

Article  17 
miscellaneous 

§  206.  The  name  of  this  state  shall  be  "  North  Dakota."  The  State 
of  North  Dakota  shall  consist  of  all  the  territory  included  within  the 
following  boundary,  towit:  Commencing  at  a  point  in  the  main 
channel  of  the  Red  River  of  the  North,  where  the  forty  ninth  degree 
of  north  latitude  crosses  the  same ;  thence  south  up  the  main  channel 
of  the  same  and  along  the  boundary  line  of  the  State  of  Minnesota 
to  a  point  where  the  seventh  standard  parallel  intersects  the  same; 
thence  west  along  said  seventh  standard  parallel  produced  due  west 
to  a  point  where  it  intersects  the  twenty-seventh  meridian  of  longi- 
tude west  from  Washington;  thence  north  on  said  meridian  to  a 
point  where  it  intersects  the  forty-ninth  degree  of  north  latitude; 
thence  east  along  said  line  to  place  of  beginning. 

§  207.  The  following  described  seal  is  hereby  declared  to  be  and 
hereby  constituted  the  Great  Seal  of  the  State  of  North  Dakota, 
towit :  A  tree  in  the  open  field,  the  trunk  of  which  is  surrounded  by 
three  bundles  of  wheat ;  on  the  right  a  plow,  anvil  and  sledge ;  on 
the  left  a  bow  crossed  with  three  arrows,  and  an  Indian  on  horseback 
pursuing  a  buffalo  toward  the  setting  sun;  the  foliage  of  the  tree 
arched  by  a  half  circle  of  forty-two  stars,  surrounded  by  the  motto 
"  Liberty  and  Union,  Now  and  Forever,  One  and  Inseparable ;  "  the 
words  "  Great  Seal  "  at  the  top,  the  words  "  State  of  North  Dakota  " 
at  the  bottom;  "  October  1st "  on  the  left  and  "  1889  "  on  the  right. 
Theseal  to  be  two  and  one-half  inches  in  diameter. 

§  208.  The  right  of  the  debtor  to  enjoy  the  comforts  and  necessa- 
ries of  life  shall  be  recognized  by  wholesome  laws,  exempting  from 
forced  sale  to  all  heads  of  families  a  homestead,  the  value  of  which 


North  Dakota— 1889  2885 

shall  be  limited  and  defined  by  law,  and  a  reasonable  amount  of  per- 
sonal property ;  the  kind  and  value  shall  be  fixed  by  law.  This  sec- 
tion shall  not  be  construed  to  prevent  liens  against  the  homestead  for 
labor  done  and  materials  furnished  in  the  improvement  thereof,  in 
such  manner  as  may  be  prescribed  by  law. 

§  209.  The  labor  of  children  under  twelve  years  of  age  shall  be 
prohibited  in  mines,  factories  and  workshops  in  this  state. 

§  210.  All  flowing  streams  and  natural  water  courses  shall  forever 
remain  the  property  of  the  state  for  mining,  irrigating  and  manufac- 
turing purposes. 

§  211.  Members  of  the  legislative  assembly  and  judicial  depart- 
ment, except  such  inferior  officers  as  may  be  by  law  exempted  shall, 
before  they  enter  on  the  duties  of  their  respective  offices,  take  and 
subscribe  the  following  oath  or  affirmation :  "  I  do  solemnly  swear 
(or  affirm,  as  the  case  may  be)  that  I  will  support  the  constitution 
of  the  United  States  and  the  constitution  of  the  State  of  North 
Dakota ;  and  that  I  will  faithfully  discharge  the  duties  of  the  office 

of according  to  the  best  of  my  ability,  so  help  me  God  "  (if 

an  oath),  (under  pains  and  penalties  of  perjury),  if  an  affirmation, 
and  no  other  oath,  declaration,  or  test  shall  be  required  as  a  qualifi- 
cation for  any  office  or  public  trust. 

§  212.  The  exchange  of  "  black  lists "  between  corporations  shall 
be  prohibited. 

§  213.  The  real  and  personal  property  of  any  woman  in  this  state, 
acquired  before  marriage,  and  all  property  to  which  she  may  after 
marriage  become  in  any  manner  rightfully  entitled,  shall  be  her 
separate  property  and  shall  not  be  liable  for  the  debts  of  her  husband. 

Article  18 
congressional  and  legislative  apportionment 

§  214.  Until  otherwise  provided  by  law,  the  member  of  the  house 
of  representatives  of  the  United  States  apportioned  to  this  state, 
shall  be  elected  at  large. 

Until  otherwise  provided  by  law,  the  senatorial  and  representative 
districts  shall  be  formed,  and  the  senators  and  the  representatives 
shall  be  apportioned  as  follows : 

The  first  district  shall  consist  of  the  townships  of  Walhalla,  St. 
Joseph,  Neche,  Pembina,  Bathgate,  Carlisle,  Joliet,  Midland,  Lin- 
coln and  Drayton,  in  the  county  of  Pembina,  and  be  entitled  to  one 
senator  and  two  representatives. 

The  second  district  shall  consist  of  the  townships  of  St.  Thomas, 
Hamilton,  Cavalier,  Akra,  Beaulien,  Thingvalla,  Gardar,  Park,  Crys- 
tal, Elora  and  Lodema,  in  the  county  of  Pembina,  and  be  entitled  to 
one  senator  and  two  representatives. 

The  third  district  shall  consist  of  the  townships  of  Perth,  Latona, 
Adams,  Silvesta,  Cleveland,  Morton,  Vesta,  Tiber,  Medford,  Vernon, 
Golden,  Lampton,  Eden,  Rushford,  Kensington,  Dundee,  Ops,  Prairia 
Center,  Fertile,  Park  River  and  Glenwood,  in  the  county  of  Walsh, 
and  be  entitled  to  one  senator  and  two  representatives. 

The  fourth  district  shall  consist  of  the  townships  of  Forest  River, 
Walsh  Center,  Grafton,  Farmington,  Ardock,  village  of  Ardock,  Har- 
rison, city  of  Grafton,  Oakwood,  Martin,  Walshvifle,  Pulaski,  Acton, 


2886  Ncrrth  Dakota— 1889 

Minto  and  St.  Andrews,  in  the  county  of  Walsh,  and  be  entitled  to 
one  senator  and  three  representatives. 

The  fifth  district  shall  consist  of  the  townships  of  Gilby,  Johns- 
town, Strabane,  Wheatfield,  Hegton,  Arvilla,  Avon,  Northwood, 
Lind,  Grace,  Larimore,  and  the  city  of  Larimore,  Elm  Grove,  Agnes, 
Inkster,  Elkmount,  Oakwood,  Niagara,  Moraine,  Logan  and  Loretta, 
in  the  county  of  Grand  Forks,  and  be  entitled  to  one  senator  and  two 
representatives. 

The  sixth  district  shall  consist  of  the  third,  fourth,  fifth  and  sixth 
wards  of  the  city  of  Grand  Forks,  as  now  constituted,  and  the  town- 
ships of  Falconer,  Harvey,  Turtle  River,  Ferry,  Rye,  Blooming, 
Meckinock,  Lakeville  and  Levant,  in  the  county  of  Grand  Forks,  and 
be  entitled  to  one  senator  and  two  representatives. 

The  seventh  district  shall  consist  of  the  first  and  second  wards  of 
the  city  of  Grand  Forks,  as  now  constituted,  and  the  townships  of 
Grand  Forks,  Brenna,  Oakville,  Chester,  Pleasant  View,  Fairfield, 
Allendale,  Walle,  Bentru,  Americus,  Michigan,  Union  and  Washing- 
ton, in  the  county  of  Grand  Forks,  and  be  entitled  to  one  senator  and 
two  representatives. 

The  eighth  district  shall  consist  of  the  county  of  Traill  and  be 
entitled  to  one  senator  and  four  representatives. 

The  ninth  district  shall  consist  of  the  township  of  Fargo  and  the 
city  of  Fargo,  in  the  county  of  Cass,  and  the  fractional  township  num- 
ber 139  in  range  48,  and  be  entitled  to  one  senator  and  two  repre- 
sentatives. 

The  tenth  district  shall  consist  of  the  townships  of  Noble,  Wiser, 
Harwood,  Reed,  Barnes,  Stanley,  Pleasant,  Kenyon,  Gardner,  Berlin, 
Raymond,  Mapleton,  Warren,  Norman,  Elm  River,  Harmony,  Dur- 
bin,  Addison,  Davenport,  Casselton  and  the  city  of  Casselton,  in  the 
county  of  Cass,  and  be  entitled  to  one  senator  and  three  representa- 
tives. 

The  eleventh  district  shall  consist  of  the  townships  of  Webster,  Rush 
River,  Hunter,  Arthur,  Amenia,  Everest,  Maple  River,  Leonard, 
Dows,  Erie,  Empire,  Wheatland,  Gill,  Walberg,  Watson,  Page,  Rich, 
Ayr,  Buffalo,  Howes,  Eldrid,  Highland,  Rochester,  Lake,  Cornell, 
Tower,  Hill,  Clifton  and  Pontiac,  in  the  county  of  Cass,  and  be  en- 
titled to  one  senator  and  three  representatives. 

The  twelfth  district  shall  consist  of  the  county  of  Richland  and 
be  entitled  to  one  senator  and  three  representatives. 

The  thirteenth  district  shall  consist  of  the  county  of  Sargent  and 
be  entitled  to  one  senator  and  two  representatives. 

The  fourteenth  district  shall  consist  of  the  county  of  Ransom  and 
be  entitled  to  one  senator  and  two  representatives. 

The  fifteenth  district  shall  consist  of  the  county  of  Barnes  and  be 
entitled  to  one  senator  and  two  representatives. 

The  sixteenth  district  shall  consist  of  the  counties  of  Steele  and 
Griggs  and  be  entitled  to  one  senator  and  two  representatives. 

The  seventeenth  district  shall  consist  of  the  county  of  Nelson  and  be 
entitled  to  one  senator  and  one  representative. 

The  eighteenth  district  shall  consist  of  the  county  of  Cavalier  and 
be  entitled  to  one  senator  and  two  representatives. 

The  nineteenth  district  shall  consist  of  the  counties  of  Towner  and 
Rolette,  and  be  entitled  to  one  senator  and  one  representative. 


Ncyrih  Dakota— 1889  2887 

The  twentieth  district  shall  consist  of  the  counties  of  Benson  and 
Pierce,  and  be  entitled  to  one  senator  and  two  representatives. 

The  twenty-first  district  shall  consist  of  the  county  of  Ramsey,  and 
be  entitled  to  one  senator  and  two  representatives. 

The  twenty-second  district  shall  consist  of  the  counties  of  Eddy, 
Foster  and  Wells,  and  be  entitled  to  one  senator  and  two  representa- 
tives. 

The  twenty-third  district  shall  consist  of  the  county  of  Stutsman, 
and  be  entitled  to  one  senator  and  two  representatives. 

The  twenty-fourth  district  shall  consist  of  the  county  of  LaMoure, 
and  be  entitled  to  one  senator  and  one  representative. 

The  twenty-fifth  district  shall  consist  of  the  county  of  Dickey,  and 
be  entitled  to  one  senator  and  two  representatives. 

The  twenty-sixth  district  shall  consist  of  the  counties  of  Emmons, 
Mcintosh,  Logan  and  Kidder,  and  be  entitled  to  one  senator  and  two 
representatives. 

The  twenty-seventh  district  shall  consist  of  the  county  of  Burleigh 
and  be  entitled  to  one  senator  and  two  representatives. 

The  twenty-eighth  district  shall  consist  of  the  counties  of  Bot- 
tineau and  McHenry,  and  be  entitled  to  one  senator  and  one  repre- 
sentative. 

The  twenty-ninth  district  shall  consist  of  the  counties  of  Ward, 
McLean,  and  all  the  unorganized  counties  lying  north  of  the  Mis- 
souri river,  and  be  entitled  to  one  senator  and  one  representative. 

The  thirtieth  district  shall  consist  of  the  counties  of  Morton  and 
Oliver,  and  be  entitled  to  one  senator  and  two  representatives. 

The  thirty-first  district  shall  consist  of  the  counties  of  Mercer, 
Stark  and  Billings,  and  all  the  unorganized  counties  lying  south  of 
the  Missouri  river,  and  be  entitled  to  one  senator  and  one  repre- 
sentative. 

Article  19 
public  institutions 

§  215.  The  following  public  institutions  of  the  state  are  perma- 
nently located  at  the  places  hereinafter  named,  each  to  have  the  lands 
specifically  granted  to  it  by  the  United  States,  in  the  act  of  congress, 
approved  February  22,  1889,  to  be  disposed  of  and  used  in  such  man- 
ner as  the  legislative  assembly  may  prescribe,  subject  to  the  limita- 
tions provided  in  the  article  on  school  and  public  lands  contained  in 
this  constitution : 

First.  The  seat  of  government  at  the  city  of  Bismarck,  in  the 
county  of  Burleigh. 

Second.  The  State  University  and  the  School  of  Mines  at  the  city 
of  Grand  Forks,  in  the  county  of  Grand  Forks. 

Third.  The  Agricultural  College  at  the  city  of  Fargo,  in  the  county 
of  Cass. 

Fourth.  A  State  Normal  School  at  the  city  of  Valley  City,  in  the 
county  of  Barnes;  and  the  legislative  assembly  in  apportioning  the 
grant  of  eighty  thousand  acres  of  land  for  normal  schools  made  in 
the  act  of  congress  referred  to  shall  grant  to  the  said  normal  school 
at  Valley  City  as  aforementioned,  fifty  thousand    (50,000)    acres, 


2888  North  Dakota— 1889 

and  said  lands  are  hereby  appropriated  to  said  institution  for  that 
purpose. 

Fifth.  The  Deaf  and  Dumb  Asylum  at  the  city  of  Devils  Lake,  in 
the  county  of  Ramsey." 

Sixth.  A  State  Reform  School  at  the  city  of  Mandan,  in  the  county 
of  Morton. 

Seventh.  A  State  Normal  School  at  the  city  of  Mayville,  in  the 
county  of  Traill;  and  the  legislative  assembly  in  apportioning  the 
grant  of  lands  made  by  congress,  in  the  act  aforesaid  for  state  normal 
schools,  shall  assign  thirty  thousand  (30,000)  acres  to  the  institution 
hereb^r  located  at  Mayville,  and  said  lands  are  hereby  appropriated 
for  said  purpose. 

Eighth.  A  State  Hospital  for  the  Insane  and  Institution  for  the 
Feeble  Minded  in  connection  therewith,  at  the  city  of  Jamestown, 
in  the  county  of  Stutsman.  And  the  legislative  assembly  shall  ap- 
propriate twenty  thousand  acres  of  the  grant  of  lands  made  by  the 
act  of  congress  aforesaid  for  "  other  educational  and  charitable  insti- 
tutions "  to  the  benefit  and  for  the  endowment  of  said  institution.^ 

§  216.  The  following  named  public  institutions  are  hereby  perma- 
nently located  as  hereinafter  provided,  each  to  have  so  much  of  the 
remaining  grant  of  one  hundred  and  seventy  thousand  acres  of  land 
made  by  the  United  States  for  "  other  educational  and  charitable 
institutions,"  as  is  allotted  by  law,  viz: 

First.  A  Soldiers'  Home,  when  located,  or  such  other  charitable 
institution  as  the  legislative  assembly  may  determine,  at  Lisbon,  in 
the  county  of  Ransom,  with  a  grant  of  forty  thousand  acres  of  land. 

Second.  A  Blind  Asylum,  or  such  other  institution  as  the  legisla- 
tive assembly  may  determine,  at  such  place  in  the  county  of  Pembina 
as  the  qualified  electors  of  said  county  may  determine  at  an  election 
to  be  held  as  prescribed  by  the  legislative  assembly,  with  a  grant  of 
thirty  thousand  acres. 

Third.  An  Industrial  School  and  School  for  Manual  Training,  or 
such  other  educational  or  charitable  institution  as  the  legislative 
assembly  may  provide,  at  the  town  of  Ellendale,  in  the  county  of 
Dickey,  with  a  grant  of  forty  thousand  acres. 

Fourth.  A  School  of  Forestry,  or  such  other  institution  as  the  legis- 
lative assembly  may  determine,  at  such  place  in  one  of  the  counties 
of  McHenry,  Ward,  Bottineau  or  Rolette,  as  the  electors  of  said 
counties  may  determine  by  an  election  for  that  purpose,  to  be  held 
as  provided  by  the  legislative  assembly. 

Fifth.  A  Scientific  School,  or  such  other  educational  or  charitable 
institution  as-  the  legislative  assembly  may  prescribe,  at  the  city  of 
Wahpeton,  county  of  Richland,  with  a  grant  of  forty  thousand  acres; 
provided,  that  no  other  institution  of  a  character  similar  to  any  one 
of  those  located  by  this  article  shall  be  established  or  maintained 
without  a  revision  of  this  constitution. 

<»  See  amendment,  Article  3.  *  See  amendment,  Article  4. 


North  Dakota— 1889  2889 

Article  20 

PROHIBITION 

§  217.  No  person,  association  or  corporation  shall  within  this  state, 
manufacture  for  sale  or  gift,  any  intoxicating  liquors,  and  no  person, 
association  or  corporation  shall  import  any  of  the  same  for  sale  or 
gift,  or  keep  or  sell  or  offer  the  same  for  sale,  or  gift,  barter  or  trade 
as  a  beverage.  The  legislative  assembly  shall  by  law  prescribe  regu- 
lations for  the  enforcement  of  the  provisions  of  this  article  and  shall 
thereby  provide  suitable  penalties  for  the  violation  thereof.* 

Schedule 

§  1.  That  no  inconvenience  may  arise  from  a  change  of  territorial 
government  to  state  government,  it  is  declared  that  all  writs,  actions, 
prosecutions,  claims  and  rights  of  individuals  and  bodies  corporate 
shall  continue  as  if  no  change  of  government  had  taken  place,  and 
all  processes  which  may,  before  the  organization  of  the  judicial 
department  ujider  this  constitution,  be  issued  under  the  authority  of 
the  Territory  of  Dakota  shall  be  as  valid  as  if  issued  in  the  name  of 
the  state. 

§  2.  All  laws  now  in  force  in  the  Territory  of  Dakota,  which  are 
not  repugnant  to  this  constitution,  shall  remain  in  force  until  they 
expire  by  their  own  limitations  or  be  altered  or  repealed. 

§  3.  All  fines,  penalties,  forfeitures  and  escheats  accruing  to  the 
Territory  of  Dakota  shall  accrue  to  the  use  of  the  states  of  North 
Dakota  and  South  Dakota  and  may  be  sued  for  and  recovered  by 
either  of  said  states  as  necessity  may  require. 

§  4.  All  recognizances,  bonds,  obligations  or  other  undertakings 
heretofore  taken,  or  which  may  be  taken  before  the  organization  of 
the  judicial  department  under  this  constitution,  shall  remain  valid, 
and  shall  pass  over  to,  and  may  be  prosecuted  in  the  name  of  the 
state;  all  bonds,  obligations  or  other  undertakings  executed  to  this 
territory,  or  to  any  officer  in  his  official  capacity,  shall  pass  over  to 
the  proper  state  authority,  and  to  their  successors  in  office,  for  the 
use  therein  respectively  expressed,  and  may  be  sued  for  and  recovered 
accordingly;  all  criminal  prosecutions  and  penal  actions  which  have 
arisen,  or  may  arise  before  the  organization  of  the  judicial  depart- 
ment, under  this  constitution,  or  which  shall  then  be  pending,  may  be 
prosecuted  to  judgment  and  execution  in  the  name  of  the  state. 

§  5.  All  property,  real  and  personal,  and  credits,  claims  and 
choses  in  action  belonging  to  the  Territory  of  Dakota  at  the  time 
of  the  adoption  of  this  constitution,  shall  be  vested  in  and  become  the 
property  of  the  states  of  North  Dakota  and  South  Dakota. 

§  6.  Whenever  any  two  of  the  judges  of  the  supreme  court  of  the 
state,  elected  under  the  provisions  of  this  constitution  shall  have 
qualified  in  their  offices,  the  causes  then  pending  in  the  supreme  court 
of  the  territory  on  appeal  or  writ  of  error  from  the  district  courts 
of  any  county  or  subdivision  within  the  limits  of  this  state,  and  the 
papers,  records  and  proceedings  of  said  court  shall  pass  into  the 
jurisdiction  and  possession  of  the  supreme  court  of  the  state,  except 

«  See  amendment,  Article  1  (new  article). 


2890  North  Dakota— 1889 

as  otherwise  provided  in  the  enabling  act  of  congress,  and  until  so 
superseded  the  supreme  court  of  the  territory  and  the  judges  thereof 
shall  continue,  with  like  powers  and  jurisdiction  as  if  this  constitu- 
tion has  not  been  adopted.  Whenever  the  judge  of  the  district 
court  of  any  district  elected  under  the  provisions  of  this  constitution 
shall  have  qualified  in  his  office,  the  several  causes  then  pending  in 
the  district  court  of  the  territory  within  any  county  in  such  district, 
and  the  records,  papers  and  proceedings  of  said  district  court,  and 
the  seal  and  other  property  pertaining  thereto,  shall  pass  into  the 
jurisdiction  and  possession  of  the  district  court  of  the  state  for  such 
county,  except  as  provided  in  the  enabling  act  of  congress,  and  until 
the  district  courts  of  .this  territory  shall  be  superseded  in  the  man- 
ner aforesaid,  the  said  district  courts  and  the  judges  thereof  shall 
continue  with  the  same  jurisdiction  and  power  to  be  exercised  in  the 
same  judicial  districts  respectively  as  heretofore  constituted  under 
the  laws  of  the  territory. 

§  7.  Until  otherwise  provided  by  law,  the  seals  now  in  use  in 
the  supreme  and  district  courts  of  this  territory  are  hereby  declared 
to  be  the  seals  of  the  supreme  and  district  courts  respectively  of  the 
state. 

§  8.  Whenever  this  constitution  shall  go  into  effect,  the  books, 
records  and  papers,  and  proceedings  of  the  probate  court  in  each 
county,  and  all  causes  and  matters  of  administration  and  other  mat- 
ters pending  therein,  shall  pass  into  the  jurisdiction  and  possession  of 
the  county  court  of  the  same  county,  and  the  said  county  court  shall 
proceed  to  final  decree  or  judgment,  order  or  other  determination  in 
the  said  several  matters  and  causes  as  the  said  probate  court  might 
have  done  if  this  constitution  had  not  been  adopted.  And  until  the 
election  and  qualification  of  the  judges  of  the  county  courts  provided 
for  in  this  constitution,  the  probate  judges  shall  act  as  the  judges  of 
the  county  courts  within  their  respective  counties,  and  the  seal  of  the 
probate  court  in  each  county  shall  be  the  seal  of  the  county  court 
therein,  until  the  said  court  shall  have  procured  a  proper  seal. 

§  9.  The  terms  "  probate  court "  or  "  probate  judge,"  whenever 
occurring  in  the  statutes  of  the  territory,  shall,  after  this  constitu- 
tion goes  into  effect,  be  held  to  apply  to  the  county  court  or  county 
judge. 

§  10.  All  territorial,  county  and  precinct  officers,  who  may  be  in 
office  at  the  time  this  constitution  takes  effect,  whether  holding  their 
offices  under  the  authority  of  the  United  States  or  of  the  territory, 
shall  hold  and  exercise  their  respective  offices,  and  perform  the  duties 
thereof  as  prescribed  in  this  constitution,  until  their  successors  shall 
be  elected  and  qualified  in  accordance  with  the  provisions  of  this 
constitution,  and  official  bonds  of  all  such  officers  shall  continue  in 
full  force  and  effect  as  though  this  constitution  had  not  been  adopted ; 
and  such  officers  for  their  term  of  service,  under  this  constitution, 
shall  receive  the  same  salaries  and  compensation  as  is  by  this  con- 
stitution or  by  the  laws  of  the  territory,  provided  for  like  officers; 
provided,  that  the  county  and  precinct  officers  shall  hold  their  offices 
for  the  term  for  which  they  were  elected.  There  shall  be  elected  in 
each  organized  county  in  this  state,  at  the  election  to  be  held  for  the 
ratification  of  this  constitution,  a  clerk  of  the  district  court,  who 
shall  hold  his  office  under  said  election  until  his  successor  is  duly 


North  Dakota— 1889  2891 

elected  and  qualified.  The  judges  of  the  district  court  shall  have 
power  to  appoint  state's  attorneys  in  any  organized  counties  where 
no  such  attorneys  have  been  elected,  which  appointment  shall  continue 
until  the  general  election  to  be  held  in  1890,  and  until  his  suc- 
cessor is  elected  and  qualified. 

§  11.  This  constitution  shall  take  effect  and  be  in  full  force  imme- 
diately upon  the  admission  of  the  territory  as  a  state. 

§  12.  Immediately  upon  the  adjournment  of  this  convention  the 
governor  of  the  territory,  or  in  case  of  his  absence  or  failure  to  act, 
the  secretary  of  the  territory,  or  in  case  of  his  absence  or  failure  to 
act,  the  president  of  the  constitutional  convention  shall  issue  a  proc- 
lamation, which  shall  be  published  and  a  copy  thereof  mailed  to  the 
chairman  of  the  board  of  county  commissioners  of  each  county,  call- 
ing an  election  by  the  people  on  the  first  Tuesday  in  October,  1889, 
of  all  the  state  and  district  officers  created  and  made  elective  by  this 
constitution.  This  constitution  shall  be  submitted  for  adoption  or 
rejection  at  said  election  to  a  vote  of  the  electors  qualified  by  the  laws 
of  this  territory  to  vote  at  all  elections.  At  the  election  provided  for 
herein  the  qualified  voters  shall  vote  directly  for  or  against  this  con- 
stitution and  for  or  against  the  article  separately  submitted. 

§  13.  The  board  of  commissioners  of  the  several  counties  shall  there- 
upon order  such  election  for  said  day,  and  shall  cause  notice  thereof 
to  be  given  for  the  period  of  twenty  days  in  the  manner  provided  by 
law.  Every  qualified  elector  of  the  territory,  at  the  date  of  said 
election,  shall  be  entitled  to  vote  thereat.  Said  election  shall  be  con- 
ducted in  all  respects  in  the  same  manner  as  provided  by  the  laws 
of  the  territory  for  general  elections,  and  the  returns  for  all  state 
and  district  officers,  and  members  of  the  legislative  assembly,  shall 
be  made  to  the  canvassing  board  hereinafter  provided  for. 

§  14.  The  governor,  secretary  and  chief  justice,  or  a  majority  of 
them,  shall  constitute  a  board  of  canvassers  to  canvass  the  vote  of 
such  election  for  all  state  and  district  officers  and  members  of  the 
legislative  assembly.  The  said  board  shall  assemble  at  the  seat  of 
government  of  the  territory  on  the  fifteenth  day  after  the  day  of 
such  election  (or  on  the  following  day  if  such  day  falls  on  Sunday), 
and  proceed  to  canvass  the  votes  on  the  adoption  of  this  constitution 
and  for  all  state  and  district  officers  and  members  of  the  legislative 
assembly  in  the  manner  provided  by  the  laws  of  the  territory  for  can- 
vassing the  vote  for  delegate  to  congress,  and  they  shall  issue  certifi- 
cates of  election  to  the  persons  found  to  be  elected  to  said  offices 
severally,  and  shall  make  and  file  w^ith  the  secretary  of  the  territory 
an  abstract  certified  by  them,  of  the  number  of  votes  cast  for  or 
against  the  adoption  of  the  constitution,  and  for  each  person  for 
each  of  said  offices,  and  of  the  total  number  of  votes  cast  in  each 
county. 

§  All  officers  elected  at  such  election  shall,  within  sixty  days  after 
the  date  of  the  executive  proclamation  admitting  the  State  of  North 
Dakota  into  the  union,  take  the  oath  required  oy  this  constitution, 
nnd  give  the  same  bond  required  by  the  law  of  the  territory  to  be 
given  in  case  of  like  officers  of  the  territory  and  districts,  and  shall 
1  hereupon  enter  upon  the  duties  of  their  respective  offices;  but  the 
legislative  assembly  may  require  by  law  all  such  officers  to  give  other 
or  further  bonds  as  a  condition  of  their  continuance  in  office. 


2892  Ncyrih  Dakota— 1889 

§  16.  The  judges  of  the  district  court  who  shall  be  elected  at  the 
election  herein  provided  for  shall  hold  their  offices  until  the  first 
Monday  in  January,  1893,  and  until  their  successors  are  elected  and 
qualified.  All  other  state  officers,  except  judges  of  the  supreme  court, 
who  shall  be  elected  at  the  election  herein  provided  for,  shall  hold 
their  offices  until  the  first  Monday  in  January,  1891,  and  until  their 
successors  are  elected  and  qualified.  Until  otherwise  provided  by  law 
the  judges  of  the  supreme  court  shall  receive  for  their  services  the 
salary  of  four  thousand  dollars  per  annum,  payable  quarterly;  and 
the  district  judges  shall  receive  for  their  services  the  salary  of  three 
thousand  dollars  per  annum,  payable  quarterly. 

§  IT.  The  governor-elect  of  the  state  immediately  upon  his  qualify- 
ing and  entering  upon  the  duties  of  his  office  shall  issue  his  proclama- 
tion convening  the  legislative  assembly  of  the  state  at  the  seat  of 
government,  on  a  day  to  be  named  in  said  proclamation,  and  which 
shall  not  be  less  than  fifteen  nor  more  than  forty  days  after  the  date 
of  such  proclamation.  And  said  legislative  assembly  after  organiz- 
ing shall  proceed  to  elect  two  senators  of  the  United  States  for  the 
State  of  North  Dakota ;  and  at  said  election  the  two  persons  who  shall 
receive  a  majority  of  all  the  votes  cast  by  the  said  senators  and  repre- 
sentatives shall  be  elected  such  United  States  senators.  And  the  pre- 
siding officers  of  the  senate  and  house  of  representatives  shall  each 
certify  the  election  to  the  governor  and  secretary  of  the  State  of 
North  Dakota;  and  the  governor  and  secretary  of  state  shall  certify 
the  election  of  such  senators  as  provided  by  law. 

§  18.  At  the  election  herein  provided  for  there  shall  be  elected  a 
representative  to  the  fifty-first  congress  of  the  United  States  by  the 
electors  of  the  state  at  large. 

§  19.  It  is  hereby  made  the  duty  of  the  legislative  assembly  at  its 
first  session  to  provide  for  the  payment  of  all  debts  and  indebtedness 
authorized  to  be  incurred  by  the  constitutional  convention  of  North 
Dakota,  which  shall  remain  unpaid  after  the  appropriation  made  by 
congress  for  the  same  shall  have  been  exhausted. 

§  20.  There  shall  be  submitted  at  the  same  election  at  which  this 
constitution  is  submitted  for  rejection  or  adoption.  Article  20,  entitled 
"  Prohibition,"  and  persons  who  desire  to  vote  for  said  article  shall 
have  written  or  printed  on  their  ballots  "  For  Prohibition,"  and  all 
persons  desiring  to  vote  against  said  article  shall  have  written  or 
printed  on  their  ballots  "Against  Prohibition."  If  it  shall  appear 
according  to  the  returns  herein  provided  for  that  a  majority  of  all 
the  votes  cast  at  said  election  for  and  against  prohibition  are  for 
prohibition,  then  said  Article  20  shall  be  and  form  a  part  of  this  con- 
stitution and  be  in  full  force  and  eifect  as  such  from  the  date  of  the 
admission  of  this  state  into  the  union.  But  if  a  majority  of  said  votes 
shall  appear  according  to  said  returns  to  be  against  prohibition,  then 
said  Article  20  shall  be  null  and  void  and  shall  not  be  a  part  of  this 
constitution. 

§  21.  The  agreement  made  by  the  joint  commission  of  the  constitu- 
tional conventions  of  North  Dakota  and  South  Dakota  concerning 
the  records,  books  and  archives  of  the  Territory  of  Dakota,  is  hereby 
ratified  and  confirmed;  which  agreement  is  in  the  words  following, 
that  is  to  say : 

The  following  books,  records  and  archives  of  the  Territory  of 
Dakota  shall  be  the  property  of  North  Dakota,  towit:  All  records, 


North  Dakota— 1889  2893 

books  and  archives  in  the  offices  of  the  governor  and  secretary  of  the 
territory  (except  records  of  articles  of  incorporation  of  domestic  cor- 
porations, returns  of  election  of  delegates  to  the  constitutional  con- 
vention of  1889  for  South  Dakota,  returns  of  elections  held  under  the 
so-called  local  option  law,  in  counties  within  the  limits  of  South 
Dakota,  bonds  of  notaries  public  appointed  for  counties  within 
the  limits  of  South  Dakota,  papers  relating  to  the  organization  of 
counties  situate  within  the  limits  of  South  Dakota,  all  which  records 
and  archives  are  a  part  of  the  records  and  archives  of  said  sec- 
retary's office;  excepting  also,  census  returns  from  counties  situate 
within  the  limits  of  gouth  Dakota  and  papers  relating  to  requisi- 
tions issued  upon  the  application  of  officers  of  counties  situate 
within  the  limits  of  South  Dakota,  all  of  which  are  a  part  of  the 
records  and  archives  of  said  governor's  office.)  And  the  following 
records,  books  and  archives  shall  also  be  the  property  of  the  State  of 
North  Dakota,  towit: 

Vouchers  in  the  office  or  custody  of  the  auditor  of  this  territory 
relating  to  expenditures  on  account  of  public  institutions,  grounds 
or  buildings  situate  within  the  limits  of  North  Dakota.  One  war- 
rant register  in  the  office  of  the  treasurer  of  this  territory,  being  a 
record  of  warrants  issued  under  and  by  virtue  of  chapter  24  of  the 
laws  enacted  by  the  eighteenth  legislative  assembly  of  Dakota  Terri- 
tory. All  letters,  receipts  and  vouchers  in  the  same  office  now  filed 
by  counties  and  pertaining  to  counties  within  the  limits  of  North 
Dakota.  Paid  and  cancelled  coupons  in  the  same  office  representing 
interest  on  bonds  which  said  state  of  North  Dakota  is  to  assume  and 
pay.  Reports  of  gross  earnings  of  the  year  1888  in  the  same  office, 
made  by  corporations  operating  lines  of  railroad  situated  wholly  or 
mainly  within  the  limits  of  North  Dakota.  Records  and  papers  of 
the  office  of  the  public  examiner  of  the  second  district  of  the  territory. 
Records  and  papers  of  the  office  of  the  district  board  of  agriculture. 
Records  and  papers  in  the  office  of  the  board  of  pharmacy  of  the  dis- 
trict of  North  Dakota. 

All  records,  books  and  archives  of  the  Territory  of  Dakota  which 
it  is  not  herein  agreed  shall  be  the  property  of  North  Dakota,  shall 
be  the  property  of  South  Dakota. 

The  following  books  shall  be  copied  and  the  copies  shall  be  the 
property  of  North  Dakota  and  the  cost  of  such  copies  shall  be  borne 
equally  by  said  states  of  North  Dakota  and  South  Dakota,  that  is 
to  say: 

Appropriation  Ledger  for  years  ending  November  1889-90 — one 
volume. 

The  Auditor's  Current  Warrant  Register — one  volume. 

Insurance  Record  for  1889 — one  volume. 

Treasurer's  Cash  Book— ;'  D." 

Assessment  Ledger — "  B." 

Dakota  Territory  Bond  Register — one  volume. 

Treasurer's  Current  Ledger — one  volume. 

The  originals  of  the  foregoing  volumes  which  are  to  be  copied 
shall  at  any  time  after  such  copying  shall  have  been  completed  be 
delivered  on  demand  to  the  proper  authorities  of  the  State  of  South 
Dakota. 

All  other  records,  books  and  archives  which  it  is  hereby  agreed 
shall  be  the  property  of  South  Dakota,  shall  remain  at  the  capitol 


2894  North  Dakota— 1889 

of  North  Dakota  until  demanded  by  the  legislature  of  the  State  of 
South  Dakota,  and  until  the  State  of  North  Dakota  shall  have  had  a 
reasonable  time  after  such  demand  is  made  to  provide  copies  or 
abstracts  of  such  portions  thereof  as  the  said  State  of  North  Dakota 
may  desire  to  have  copies  or  abstracts  of. 

The  State  of  South  Dakota  may  also  provide  copies  or  abstracts  of 
such  records,  books  and  archives,  which  it  is  agreed  shall  be  the 
property  of  North  Dakota,  as  said  State  of  South  Dakota  shall 
desire  to  have  copies  or  abstracts  of. 

The  expenses  of  all  copies  or  abstracts  of  records,  books  and 
archives  which  it  is  herein  agreed  may  be  made,.shall  be  borne  equally 
by  said  two  states. 

§  22.  Should  the  counties  containing  lands  which  form  a  part  of 
the  grant  of  lands  made  by  congress  to  the  Northern  Pacific  Railroad 
company  be  compelled  by  law  to  refund  moneys  paid  for  such  lands 
or  any  of  them  by  purchasers  thereof  at  tax  sales  thereof,  based  upon 
taxes  illegally  leyied  upon  said  lands,  then  and  in  that  case  the  State 
of  North  Dakota  shall  appropriate  the  sum  of  twenty-five  thousand 
dollars  ($25,000)  or  so  much  thereof  as  may  be  necessary  to  reimburse 
said  counties  for  the  amount  so  received  from  said  illegal  tax  sales 
and  paid  by  said  counties  into  the  treasury  of  Dakota  Territory. 

§  23.  This  constitution  shall,  after  its  enrollment,  be  signed  by  the 
president  of  this  convention  and  the  chief  clerk  thereof,  and  such 
delegates  as  desire  to  sign  the  same,  whereupon  it  shall  be  deposited 
in  the  office  of  the  secretary  of  the  territory,  where  it  may  be  signed 
at  any  time  by  any  delegate  who  shall  be  prevented  from  signing  the 
same  for  any  reason  at  the  time  of  the  adjournment  of  this 
convention. 

§  24.  In  case  the  territorial  officers  of  the  Territory  of  Dakota,  or 
any  of  them  who  are  now  required  by  law  to  report  to  the  governor 
of  the  territory,  annually  or  biennially,  shall  prepare  and  publish 
such  reports  covering  the  transactions  of  their  offices  up  to  the  time 
of  the  admission  of  the  State  of  North  Dakota  into  the  union;  the 
legislative  assembly  shall  make  sufficient  appropriations  to  pay  one- 
half  of  the  cost  of  such  publication. 

§  25.  The  governor  and  secretary  of  the  territory  are  hereby  author- 
ized to  make  arrangements  for  the  meeting  of  the  first  legislative 
assembly,  and  the  inauguration  of  the  state  government. 

§  26.  The  legislative  assembly  shall  provide  for  the  editing,  and 
for  the  publication,  in  an  independent  volume,  of  this  constitution, 
as  soon  as  it  shall  takei  effect,  and  whenever  it  shall  be  altered  or 
amended,  and  shall  cause  to  be  published  in  the  same  volume  the 
Declaration  of  Independence,  the  Constitution' of  the  United  States 
and  the  Enabling  Act. 

Done  at  Bismarck,  Dakota,  in  open  convention,  this  iTth  day  of 
>ugust,  A.  D.  1889. 

F.  B.  Fancher,  President, 

John  G.  Hamilton,  Chief  Clerk, 


North  Dakota— 1889  2895 

AMENDMENTS  TO   THE   CONSTITUTION  OF  NORTH  DAKOTA 

Article  1 

The  legislative  assembly  shall  have  no  power  to  authorize  lotteries 
or  gift  enterprises  for  any  purpose,  and  shall  pass  laws  to  prohibit 
the  sale  of  lottery  or  gift  enterprise  tickets. 

Article  2 

§  121.  Every  male  person  of  the  age  of  twenty-one  years  or 
upwards,  belonging  to  either  of  the  following  classes,  who  shall  have 
resided  in  the  state  one  year  and  in  the  county  six  months,  and  in 
the  precinct  ninety  days  next  preceding  any  election,  shall  be  a  quali- 
fied elector  at  such  election : 

First — Citizens  of  the  United  States. 

Second — Civilized  persons  of  Indian  descent  who  shall  have  sev- 
ered their  tribal  relations  two  years  next  preceding  such  election. 

§  127.  No  person  who  is  under  guardianship,  non  compos  mentis  or 
insane  shall  be  qualified  to  vote  at  any  election ;  nor  any  person  con- 
victed of  treason  or  felony  unless  restored  to  civil  rights;  and  the 
legislature  shall  by  law  establish  an  educational  test  as  a  qualifica- 
tion, and  may  prescribe  penalties  for  failing,  neglecting  or  refusing 
to  vote  at  any  general  election. 

Article  3 

§  76.  The  governor  shall  have  power  in  conjunction  with  the  board 
of  pardons,  of  which  the  governor  shall  be  ex  officio  a  member  and 
the  other  members  of  which  shall  consist  of  the  attorney  general  of 
the  state  of  North  Dakota,  the  chief  justice  of  the  supreme  court  of 
the  state  of  North  Dakota,  and  two  qualified  electors  who  shall  be 
appointed  by  the  governor,  to  remit  fines  and  forfeitures,  to  grant 
reprieves,  commutations  and  pardons  after  conviction  for  all  offenses 
except  treason  and  cases  of  impeachment;  but  the  legislative  assem- 
bly may  by  law  regulate  the  manner  in  which  the  remission  of  fines, 
pardons,  commutations  and  reprieves  may  be  applied  for.  Upon 
conviction  of  treason  the  governor  shall  have  the  power  to  suspend 
the  execution  of  sentence  until  the  case  shall  be  reported  to  the  legis- 
lative assembly  at  its  next  regular  session,  when  thi  legislative  assem- 
bly shall  either  pardon  or  commute  the  sentence,  direct  the  execution 
of  the  sentence  or  grant  further  reprieve.  The  governor  shall  com- 
municate to  the  legislative  assembly  at  each  regular  session  each  case 
of  remission  of  fine,  reprieve,  commutation  or  pardon  granted  by  the 
board  of  pardons,  stating  the  name  of  the  convict,  the  crime  for 
which  he  is  convicted,  the  sentence  and  its  date  and  the  date  of  remis- 
sion, commutation,  pardon  or  reprieve,  with  their  reasons  for  grant- 
ing the  same. 

Article  4 

§  179.  All  property,  except  as  hereinafter  in  this  section  provided, 
shall  be  assessed  in  the  county,  city,  township,  village  or  district  in 


2896  North  Dakota— 1889 

which  it  is  situated,  in  the  manner  prescribed  by  law.  The  fran- 
chise, roadway,  roadbed,  rails  and  rolling  stock  of  all  railroads,  and 
the  franchise  and  all  other  property  of  all  express  companies,  freight 
line  companies,  car  equipment  companies,  sleeping  car  companies, 
dining  car  companies,  telegraph  or  telephone  companies  or  corpora- 
tions operated  in  this  state  and  used  directly  or  indirectly  in  the 
carrying  of  persons,  property  or  messages,  shall  be  assessed  by  the 
state  board  of  equalization  at  their  actual  value,  and  such,  assessed 
value  shall  be  apportioned  to  the  counties,  cities,  towns,  villages, 
townships  and  districts  in  which  such  railroad  companies,  express 
companies,  sleeping  car  companies,  dining  car  companies,  telegraph 
and  telephone  companies  are  located,  or  through  which  they  are  oper- 
ated, as  a  basis  for  the  taxation  of  such  property,  in  proportion  to  the 
number  of  miles  of  such  property  within  such  counties,  cities,  towns, 
villages,  townships  and  districts,  or  over  which  any  part  of  such 
property  is  used  or  operated  within  such  counties,  towns,  villages, 
townships  and  districts.  But  should  any  railroad  allow  any  portion 
of  its  roadway  to  be  used  for  any  purpose  other  than  the  operation 
of  a  railroad  thereon,  such  portion  of  its  roadway,  while  so  used, 
shall  be  assessed  in  the  manner  provided  for  the  assessment  of  other 
real  property. 

Article  5 

Addenda  to  section  176 : 

The  legislative  assembly  may  further  provide  that  grain  grown 
within  the  state  and  held  therein  in  elevators,  warehouses  and  gran- 
aries may  be  taxed  at  a  fixed  rate. 

Article  6 

§  162.  The  moneys  of  the  permanent  school  fund,  ana  other  educa- 
tional funds,  shall  be  invested  only  in  bonds  of  school  corporations, 
or  of  counties  or  townships  within  the  state,  bonds  of  the  United 
States,  bonds  of  the  State  of  North  Dakota,  municipal  bonds,  or  on 
first  mortgages  on  farm  lands  in  the  state,  not  exceeding  in  amount 
one-third  the  actual  value  of  any  subdivision  on  which  the  same  may 
be  loaned,  such  value  to  be  determined  by  the  board  of  appraisal  of 
school  lands. 


OHIO" 


For  organic  acts  relating  to  the  land  now  included  within  Ohio  see  in  this 
work : 

Virginia  Act  of  Cession,  1783  (Illinois,  p.  955). 
Deed  of  Cession  from  Virginia,  1784  (Illinois,  p.  957). 
Northwest  Territorial  Government,  1787  (Illinois,  p.  957). 
Virginia  Act  of  Ratification,  1788  (Illinois,  p.  963). 
Northwest  Territorial  Government,  1789  (Illinois,  p.  963). 
Territorial  Government  of  Indiana,  1800  (Illinois,  p.  964). 


ENABLING  ACT  FOR  OHIO— 1802  ^ 

[Seventh  Congkess,  Fibst  Session] 

An  Act  to  enable  the  people  of  the  eastern  division  of  the  territory  northwest  of 
the  river  Ohio  to  form  a  constitution  and  State  government,  and  for  the  ad- 
mission of  such  State  into  the  Union  on  an  equal  footing  with  the  original 
States,  and  for  other  purposes 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  inhabit- 
ants of  the  eastern  division  of  the  territory  northwest  of  the  river 
Ohio  be,  and  they  are  hereby,  authorized  to  form  for  themselves  a 
constitution  and  State  government,  and  to  assume  such  name  as  they 
shall  deem  proper,  and  the  said  State,  when  formed,  shall  be  admitted 
into  the  Union  upon  the  same  footing  with  the  original  States  in  all 
respects  whatever. 

Sec.  2.  And  he  it  further  enacted^  That  the  said  State  shall  con- 
sist of  all  the  territory  included  within  the  following  boundaries,  to 
w4t:  Bounded  on  the  east  by  the  Pennsylvania  line,  on  the  south  by 
the  Ohio  River,  to  the  mouth  of  the  Great  Miami  River,  on  the  west 
by  the  line  drawn  due  north  from  the  mouth  of  the  Great  Miami 
aforesaid,  and  on  the  north  by  an  east  and  west  line  drawn  through 
the  southerly  extreme  of  Lake  Michigan,  running  east  after  inter- 
secting the  due-north  line  aforesaid,  from  the  mouth  of  the  Great 
Miami  until  it  shall  interse/^t  Lake  Erie  or  the  territorial  line,  and 
thence  with  the  same  through  Lake  Erie  to  the  Pennsylvania  line 
aforesaid:  Provided^  That  Congress  shall  be  at  liberty  at  any  time 
hereafter  either  to  attach  all  the  territory  lying  east  of  the  line  to  be 

a  The  territory  east  of  the  Mississippi  and  north  of  the  Ohio  and  west  of  Penn- 
sylvania, which  had  been  under  the  jurisdiction  of  the  province  of  Quebec 
before  the  Revolution,  was  claimed  by  Virginia,  which  State  formally  ceded 
its  claims  to  the  Federal  Government,  upon  condition  that  it  should  be  formed 
into  States.  The  States  of  Massachusetts,  Connecticut,  and  New  York  also 
ceded,  at  different  times,  claims  to  jurisdiction  over  western  lands  under  their 
respective  colonial  charters. 

ft  See  also  the  act  to  grant  one-thirty-sixth  of  public  lands  in  Ohio  for  school 
purposes,  March  3, 1803 ;  and  the  act  to  fix  the  boundaries  of,  May  20,  1812. 

2897 


2898  Ohio— 1802 

drawn  due  north  from  the  mouth  of  the  Miami  aforesaid  to  the  ter- 
ritorial line,  and  north  of  an  east  and  west  line  drawn  through  the 
southerly  extreme  of  Lake  Michigan,  running  east  as  aforesaid  to 
Lake  Erie,  to  the  aforesaid  State,  or  dispose  of  it  otherwise,  in  con- 
formity to  the  fifth  article  of  compact  between  the  original  States 
and  the  people  and  States  to  be  formed  in  the  territory  northwest  of 
the  river  Ohio. 

Sec.  3.  And  he  it  further  enacted^  That  all  that  part  of  the  terri- 
tory of  the  United  States  northwest  of  the  river  Ohio,  heretofore 
included  in  the  eastern  division  of  said  territory,  and  not  included 
within  the  boundary  herein  prescribed  for  the  said  State,  is  hereby 
attached  to,  and  made  a  part  of,  the  Indiana  Territory,  from  and  after 
the  formation  of  the  said  State,  subject,  nevertheless,  to  be  hereafter 
disposed  of  by  Congress,  according  to  the  right  reserved  in  the  fifth 
article  of  the  ordinance  aforesaid,  and  the  inhabitants  therein  shall 
be  entitled  to  the  same  privileges  and  immunities,  and  subject  to  the 
same  rules  and  regulations,  in  all  respects  whatever,  with  all  other 
citizens  residing  within  the  Indiana  Territory. 

Sec.  4.  And  he  it  further  enacted^  That  all  male  citizens  of  the 
United  States,  who  shall  have  arrived  at  full  age,  and  resided  within 
the  said  territory  at  least  one  year  previous  to  the  day  of  election,  and 
shall  have  paid  a  territorial  or  county  tax,  and  all  persons  having  in 
other  respects  the  legal  qualifications  to  vote  for  representatives  in 
the  general  assembly  of  the  territory,  be,  and  they  are  hereby,  author- 
ized to  choose  representatives  to  form  a  convention,  who  shall  be  ap- 
portioned amongst  the  several  counties  within  the  eastern  division 
aforesaid,  in  a  ratio  of  one  representative  to  every  twelve  hundred 
inhabitants  of  each  county,  according  to  the  enumeration  taken  under 
the  authority  of  the  United  States,  as  near  as  may  be,  that  is  to  say, 
from  the  county  of  Trumbull,  two  representatives;  from  the  county 
of  Jefferson,  seven  representatives,  two  of  the  seven  to  be  elected 
within  what  is  now  known  by  the  county  of  Belmont,  taken  from 
Jefferson  and  Washington  Counties ;  from  the  county  of  Washington, 
four  representatives;  from  the  county  of  Ross,  seven  representatives, 
two  of  the  seven  to  be  elected  in  what  is  now  known  by  Fairfield 
County,  taken  from  Ross  and  Washington  Counties ;  from  the  county 
of  Adams,  three  representatives ;  from  the  county  of  Hamilton,  twelve 
representatives,  two  of  the  twelve  to  be  elected  in  what  is  now^  known 
by  Clermont  County,  taken  entirely  from  Hamilton  County ;  and  the 
elections  for  the  representatives  aforesaid  shall  take  place  on  the  sec- 
ond Tuesday  of  October  next,  the  time  fixed  by  a  law  of  the  territory 
entitled  "An  act  to  ascertain  the  number  of  free  male  inhabitants  of 
the  age  of  twenty-one  in  the  territory  of  the  United  States  northwest 
of  the  river  Ohio,  and  to  regulate  the  elections  of  representatives  for 
the  same,"  for  electing  representatives  to  the  general  assembly,  and 
shall  be  held  and  conducted  in  the  same  manner  as  is  provided  "by  the 
aforesaid  act,  except  that  the  qualifications  of  electors  shall  be  as 
herein  specified. 

Sec.  5.  And  he  it  further  enacted^  That  the  members  of  the  conven- 
tion, thus  duly  elected,  be,  and  they  are  hereby,  authorized  to  meet  at 
Chillicothe  on  the  first  Monday  in  November  next ;  which  convention, 
when  met,  shall  first  determine,  by  a  majority  of  the  whole  number 


Ohio— 1802  2899 

elected,  whether  it  be  or  be  not  expedient  at  that  time  to  form  a  con- 
stitution and  State  government  for  the  people  within  the  said  terri- 
tory, and  if  it  be  determined  to  be  expedient,  the  convention  shall  be, 
and  hereby  are,  authorized  to  form  a  constitution  and  State  govern- 
ment, or,  if  it  be  deemed  more  expedient,  the  said  convention  shall 
provide  by  ordinance  for  electing  representatives  to  form  a  constitu- 
tion or  frame  of  government;  which  said  representatives  shall  be 
chosen  in  such  manner  and  in  such  proportion,  and  shall  meet  at 
such  time  and  place,  as  shall  be  prescribed  by  the  said  ordinance; 
and  shall  form  for  the  people  of  the  said  State  a  constitution  and 
State  government,  provided  the  same  shall  be  republican,  and  not 
repugnant  to  the  ordinance  of  the  thirteenth  of  July,  one  thousand 
seven  hundred  and  eighty-seven,  between  the  original  States  and  the 
people  and  States  of  the  territory  northwest  of  the  river  Ohio. 

Sec.  6.  And  he  it  further  enacted^  That  until  the  next  general 
census  shall  be  taken,  the  said  State  shall  be  entitled  to  one  Represen- 
tative in  the  House  of  Representatives  of  the  United  States. 

Sec.  7.  And  he  it  further  enacted^  That  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  convention  of  the  eastern 
State  of  the  said  territory,  when  formed,  for  their  free  acceptance  or 
rejection,  which,  if  accepted  by  the  convention,  shall  be  obligatory 
upon  the  United  States : 

First.  That  the  section,  number  sixteen,  in  every  township,  and, 
where  such  section  has  been  sold,  granted,  or  disposed  of,  other  lands 
equivalent  thereto  and  most  contiguovis  to  the  same,  shall  be  granted 
to  the  inhabitants  of  such  township,  for  the  use  of  schools. 

Second.  That  the  six  miles  reservation,  including  the  salt-springs, 
commonly  called  the  Scioto  salt-springs,  the  salt-springs  near  the 
Muskingum  River,  and  in  the  military  tract,  with  the  sections  of  land 
which  include  the  same,  shall  be  granted  to  the  said  State  for  the 
use  of  the  people  thereof,  the  same  to  be  used  under  such  terms  and 
conditions  and  regulations  as  the  legislature  of  the  said  State  shall 
direct:  Provided^  The  said  legislature  shall  never  sell  nor  lease  the 
same  for  a  longer  period  than  ten  years. 

Third.  That  one-twentieth  part  of  the  net  proceeds  of  the  lands 
lying  within  the  said  State  sold  by  Congress,  from  and  after  the 
thirtieth  day  of  June  next,  after  deducting  all  expenses  incident  to  the 
same,  shall  be  applied  to  the  laying  out  and  making  public  roads, 
leading  from  the  navigable  waters  emptying  into  the  Atlantic,  to 
the  Ohio,  to  the  said  State,  and  through  the  same,  such  roads  to  be 
laid  out  under  the  authority  of  Congress,  with  the  consent  of  the 
several  States  through  which  the  road  shall  pass:  Provided  always^ 
That  the  three  foregoing  propositions  herein  offered  are  on  the  con- 
ditions that  the  convention  of  the  said  State  shall  provide,  by  an 
ordinance  irrevocable  without  the  consent  of  the  United  States,  that 
t'very  and  each  tract  of  land  sold  by  Congress  from  and  after  the 
thirtieth  day  of  June  next,  shall  be  and  remain  exempt  from  any  tax 
laid  by  order  or  under  authority  of  the  State,  whether  for  State, 
county,  township,  or  any  other  purpose  whatever,  for  the  term  of  five 
years  from  and  after  the  day  of  sale. 

Approved,  April  30,  1802. 

7254— VOL  5—09 24 


2900  Ohio— 1803 

ACT  RECOGNIZING  THE  STATE  OE  OHIO— 1803 

[Seventh  Congress,  Second  Session] 

An  Act  to  provide  for  the  due  execution  of  the  laws  of  the  United  States  within 

the  State  of  Ohio. 

Whereas  the  people  of  the  eastern  division  of  the  Territory  north- 
west of  the  river  Ohio  did,  on  the  twenty-ninth  day  of  November,  one 
thousand  eight  hundred  and  two,  form  for  themselves  a  constitution 
and  State  government,  and  did  give  to  the  said  State  the  name  of  the 
"  State  of  Ohio,"  in  pursuance  of  an  act  of  Congress  entitled  "An  act 
to  enable  the  people  of  the  eastern  division  of  the  territory  northwest 
of  the  river  Ohio  to  form  a  constitution  and  State  government,  and 
for  the  admission  of  such  State  into  the  Union  on  an  equal  footing 
with  the  original  States,  and  for  other  purposes,"  whereby  the  said 
State  has  become  one  of  the  United  States  of  America;  in  order, 
therefore,  to  provide  for  the  due  execution  of  the  laws  of  the  United 
States  within  the  said  State  of  Ohio — 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^^  That  all  the  laws  of 
the  United  States  which  are  not  locally  inapplicable  shall  have  the 
same  force  and  effect  within  the  said  State  of  Ohio  as  elsewhere  within 
the  United  States. 

Sec.  2.  Be  it  further  enacted^  That  the  said  State  shall  be  one  dis- 
trict and  be  called  the  Ohio  district,  and  a  district  court  shall  be  held 
therein,  to  consist  of  one  judge,  who  shall  reside  in  the  said  district, 
and  be  called  a  district  judge.  He  shall  hold  at  the  seat  of  govern- 
ment of  the  said  State  three  sessions  annually ;  the  first  to  commence 
on  the  first  Monday  in  June  next,  and  the  two  other  sessions  pro- 
gressively on  the  like  Monday  of  every  fourth  calendar  month  after- 
wards, and  he  shall,  in  all  things,  have  and  exercise  the  same  jurisdic- 
tion and  powers  which  are  by  law  given  to  the  judge  of  the  Kentucky 
district ;  he  shall  appoint  a  clerk  for  the  said  district,  who  shall  reside 
and  keep  the  records  of  the  court  at  the  place  of  holding  the  same, 
and  shall  receive  for  the  services  performed  by  him  the  same  fees  to 
which  the  clerk  of  the  Kentucky  district  is  entitled  for  similar 
services. 

Sec.  3.  Be  it  further  enacted^  That  there  shall  be  allowed  to  the 
judge  of  the  said  district  court  the  annual  compensation  of  one  thou- 
sand dollars,  to  commence  from  the  date  of  his  appointment,  to  be 
paid  quarter-yearly  at  the  Treasury  of  the  United  States. 

Sec.  4.  Be  it  further  enacted^  That  there  shall  be  appointed  in  the 
said  district  a  person  learned  in  the  law  to  act  as  attorney  for  the 
United  States,  who  shall,  in  addition  to  his  stated  fees,  be  paid  by  the 
United  States  two  hundred  dollars  annually,  as  a  full  compensation 
for  all  extra  services. 

Sec.  5.  And  he  it  further  enacted^  That  a  marshal  shall  be  ap- 
pointed for  the  said  district,  who  shall  perform  the  same  duties,  be 
subject  to  the  same  regulations  and  penalties,  and  be  entitled  to  the 
same,  fees  as  are  prescribed  to  marshals  in  other  districts,  and  shall 
moreover  be  entitled  to  the  sum  of  two  hundred  dollars  annually,  as 
a  compensation  for  all  extra  services. 

Approved,  February  19,  1803. 


■ 


Ohio— 1802  2901 


CONSTITUTION  OF  OHIO— 1802  *  « 

We,  the  people  of  the  eastern  division  of  the  territory  of  United 
States  northwest  of  the  river  Ohio,  having  the  right  of  admission 
into  the  General  Government  as  a  member  of  the  Union,  consistent 
with  the  Constitution  of  the  United  States,  the  ordinance  of  Congress 
of  one  thousand  seven  hundred  and  eighty-seven,  and  the  law  of 
Congress  entitled  "An  act  to  enable  the  people  of  the  eastern  division 
of  the  territory  of  the  United  States  northwest  of  the  river  Ohio  to 
form  a  constitution  and  State  government,  and  for  the  admission  of 
such  State  into  the  Union  on  an  equal  footing  with  the  original 
States,  and  for  other  purposes,"  in  order  to  establish  justice,  promote 
the  welfare  and  secure  the  blessings  of  liberty  to  ourselves  and  our 
posterity,  do  ordain  and  establish  the  following  constitution  or  form 
of  government,  and  do  mutually  agree  with  each  other  to  form  our- 
selves into  a  free  and  independent  State  by  the  name  of  the  State  of 
Ohio. 

Article  I 

Section  1.  The  legislative  authority  of  this  State  shall  be  vested 
in  a  general  assembly,  which  shall  consist  of  a  senate  and  house  of 
representatives,  both  to  be  elected  by  the  people. 

Sec.  2.  Within  one  year  after  the  first  meeting  of  the  general  as- 
sembly, and  within  every  subsequent  term  of  four  years,  an  enumera- 
tion of  all  the  white  male  inhabitants  above  twenty-one  years  of  age 
shall  be  made,  in  such  manner  as  shall  be  directed  by  law.  The  num- 
ber of  representatives  shall,  at  the  several  periods  of  making  such 
enumeration,  be  fixed  by  the  legislature,  and  apportioned  among  the 
several  counties  according  to  the  number  of  white  male  inhabitants 
above  twenty-one  years  of  age  in  each;  and  shall  never  be  less  than 
twenty-four,  nor  greater  than  thirty-six,  until  the  number  of  white 
male  inhabitants  of  above  twenty-one  years  of  age  shall  be  twenty- 
two  thousand;  and  after  that  event,  at  such  ratio  that  the  whole 
number  of  representatives  shall  never  be  less  than  thirty-six,  nor 
exceed  seventy-two. 

Sec.  3.  The  representatives  shall  be  chosen  annually,  by  the  citizens 
of  each  county  respectively,  on  the  second  Tuesday  of  October. 

Sec.  4.  No  person  shall  be  a  representative  who  shall  not  have  at- 
tained the  age  of  twenty-five  years,  and  be  a  citizen  of  the  United 
States  and  an  inhabitant  of  this  State ;  shall  also  have  resided  within 
the  limits  of  the  county  in  which  he  shall  be  chosen  one  year  next 
preceding  his  election,  unless  he  shall  have  been  absent  on  the  public 

*  "  .Tournal  of  the  Convention,  of  the  Territory  of  the  Ignited  States  Northwest 
of  the  Ohio.  Begun  and  held  at  Chillicothe,  on  Monday  the  First  Day  of  Novem- 
ber, A.  D.  1802,  and  of  the  Independence  of  the  United  States  the  Twenty- 
seventh,  Published  by  authority,  Columbus:  George  Nashee,  State  Printer. 
1827."     pp,  42. 

"Annual  Report  of  the  Secretary  of  State  to  the  Governor  of  the  State  of  Ohio. 
Including  the  Statistical  Report  to  the  General  Assembly  for  he  year  1876. 
Columbus :    Nevins  &  Myers,  State  I'rinters,  1877.     pp.  .35-74. 

"This  constitution  was  framed  by  a  convention  which  assembled  at  Chilli- 
cothe November  1,  1802,  and  completed  its  labors  November  29,  1802.  It  was 
not  submitted  to  the  people  for  ratification. 


2902  Ohio— 1802 

business  of  the  United  States  or  of  this  State,  and  shall  have  paid  a 
State  or  county  tax. 

Sec.  5.  The  senators  shall  be  chosen  biennially,  by  qualified  voters 
for  representatives;  and,  on  their  being  convened  in  consequence  of 
the  first  election,  they  shall  be  divided  by  lot,  from  their  respective 
counties  or  districts,  as  near  as  can  be,  into  two  classes;  the  seats  of 
the  senators  of  the  first  class  shall  be  vacated  at  the  expiration  of 
the  first  year,  and  of  the  second  class,  at  the  expiration  of  the  second 
year;  so  that  one-half  thereof,  as  near  as  possible,  may  be  annually 
chosen  forever  thereafter. 

Sec.  6.  The  numbers  of  senators  shall,  at  the  several  periods  of  mak- 
ing the  enumeration  before  mentioned,  be  fixed  by  the  legislature,  and 
apportioned  among  the  several  counties  or  districts  to  be  established 
by  law  according  to  the  number  of  white  male  inhabitants  of  the  age 
of  twenty-one  years  in  each,  and  shall  never  be  less  than  one-third, 
nor  more  than  one-half,  of  the  number  of  representatives. 

Sec.  7.  No  person  shall  be  a  senator  Avho  has  not  arrived  at  the  age 
of  thirty  years,  and  is  a  citizen  of  the  United  States;  shall  have 
resided  two  years  in  the  county  or  district  immediately  preceding 
the  election,  unless  he  shall  have  been  absent  on  the  public  business 
of  the  United  States  or  of  this  State,  and  shall,  moreover,  have  paid 
a  State  or  county  tax. 

Sec.  8.  The  senate  and  house  of  representatives,  when  assembled, 
shall  each  choose  a  speaker  and  its  other  officers,  be  judges  of  the 
qualifications  and  elections  of  its  members,  and  sit  upon  its  own  ad- 
journments; tw^o-thirds  of  each  house  shall  constitute  a  quorum  to 
do  business;  but  a  smaller  number  may  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members. 

Sec.  9.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  pub- 
lish them.  The  yeas  and  nays  of  the  members,  on  any  question,  shall, 
at  the  desire  of  any  two  of  them,  be  entered  on  the  journals. 

Sec.  10.  Any  two  members  of  either  house  shall  have  liberty  to  dis- 
sent from  and  protest  against  any  act  or  resolution  which  they  may 
think  injurious  to  the  public  or  any  individual,  and  have  the  reasons 
of  their  dissent  entered  on  the  journals. 

Sec.  11.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  memlDer,  but  not  a  second  time  for  the 
same  cause ;  and  shall  have  all  other  powers  necessary  for  a  branch  of 
the  legislature  of  a  free  and  independent  State. 

Sec.  12.  When  vacancies  happen  in  either  house,  the  governor,  or 
the  person  exercising  the  power  of  the  governor,  shall  issue  w^rits  of 
election  to  fill  such  vacancies. 

Sec.  13.  Senators  and  representatives  shall,  in  all  cases,  except  trea- 
son, felony,  or  breach  of  the  peace,  be  privileged  from  arrest  during 
the  session  of  the  general  assembly,  and  in  going  to  and  returning 
from  the  same;  and  for  any  speech  or  debate  in  either  house,  they 
shall  not  be  questioned  in  any  other  place. 

Sec.  14.  Each  house  may  punish  by  imprisonment,  during  their 
session,  any  person,  not  a  member,  who  shall  be  guilty  of  disrespect 
to  the  house,  by  any  disorderly  or  contemptuous  behavior  iii  their 
presence:  Provided.  Such  imprisonment  shall  not,  at  any  one  time, 
exceed  twenty-four  hours. 


Ohio— 1802  .  2903 

Sec.  15.  The  doors  of  each  house,  and  of  committees  of  the  Avhole, 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  the  house, 
require  secrecy.  Neither  house  shall,  without  the  consent  of  the 
other,  adjourn  for  more  than  two  days,  nor  to  any  other  place  than 
that  in  which  the  two  houses  shall  be  sitting. 

Sec.  16.  Bills  may  originate  in  either  house,  but  may  be  altered, 
amended,  or  rejected  by  the  other. 

Slc.  17.  Every  bill  shall  be  read  on  three  different  days  in  each 
house,  unless,  in  case  of  urgency,  three-fourths  of  the  house  where 
such  bill  is  so  depending  shall  deem  it  expedient  to  dispense  with  this 
rule ;  and  every  bill  having  passed  both  houses  shall  be  signed  by  the 
speakers  of  their  respective  houses. 

Sec.  18.  The  style  of  the  laws  of  this  State  shall  be,  "  Be  it  enacted 
hy  the  general  assembly  of  the  State  of  Ohio^ 

Sec.  19.  The  legislature  of  this  State  shall  not  allow  the  following 
officers  of  government  greater  annual  salaries  than  as  follows  until 
the  year  one  thousand  eight  hundred  and  eight,  to  wit :  The  governor 
not  more  than  one  thousand  dollars;  the  judges  of  the  supreme  court 
not  more  than  one  thousand  dollars  each ;  the  presidents  of  the  courts 
of  common  pleas  not  more  than  eight  hundred  dollars  each ;  the  sec- 
retary of  state  not  more  than  five  hundred  dollars;  the  auditor  of 
public  accounts  not  more  than  seven  hundred  and  fifty  dollars;  the 
treasurer  not  more  than  four  hundred  and  fifty  dollars ;  no  member  of 
the  legislature  shall  receive  more  than  two  dollars  per  day,  during  his 
attendance  on  the  legislature,  nor  more  for  every  twenty-five  miles 
he  shall  travel  in  going  to  and  returning  from  the  general  assembly. 

Sec.  20.  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  State  which  shall  have  been  created,  or  the  emoluments  of  which 
shall  have  been  increased,  during  such  time. 

Sec.  21.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law. 

Sec.  22.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  attached  to  and  published  with  the  laws 
annually. 

Sec.  23.  The  house  of  representatives  shall  have  the  sole  power  of 
impeaching,  but  a  majority  of  all  the  members  must  concur  in  an 
impeachment.  All  impeachments  shall  be  tried  by  the  senate,  and, 
when  sitting  for  that  purpose,  the  senators  shall  be  upon  oath  or 
affirmation  to  do  justice  according  to  law  and  evidence;  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  all  the 
senators. 

Sec.  24.  The  governor,  and  all  other  civil  officers  under  this  State, 
shall  be  liable  to  impeachment  for  any  misdemeanor  in  office;  but 
judgment  in  such  cases  shall  not  extend  further  than  removal  from 
office  and  disqualification  to  hold  any  office  of  honor,  profit,  or  trust 
under  this  State.  The  party,  whether  convicted  or  acquitted,  shall, 
nevertheless,  be  liable  to  indictment,  trial,  judgment,  and  punishment, 
according  to  law. 

Sec.  25.  The  first  session  of  the  general  assembly  shall  commence 
on  the  first  Tuesday  of  March  next;  and  forever  thereafter  the  gen- 
eral assembly  shall  meet  on  the  first  Monday  of  December  in  every 
year,  and  at  no  other  period,  unless  directed  by  law,  or  provided  for 
by  this  constitution. 


2904  Ohio— 1802 

8ec.  26.  No  judge  of  any  court  of  law  or  equity,  secretary  of  state, 
attorney -general,  register,  clerk  of  any  court  of  record,  sheriff  or  col- 
lector, member  of  either  house  of  Congress,  or  person  holding  any 
lucrative  office  under  the  United  States  or  this  State,  (provided  that 
the  appointments  in  the  militia  or  justices  of  the  peace  shall  not  be 
considered  lucrative  offices,)  shall  be  eligible  as  a  candidate  for  or 
have  a  seat  in  the  general  assembly. 

Sec.  27.  No  person  shall  be  appointed  to  any  office  within  any 
county  who  shall  not  have  been  a  citizen  and  inhabitant  therein  one 
year  next  before  his  appointment,  if  the  county  shall  have  been  so 
long  erected;  but  if  the  county  shall  not  have  been  so  long  erected, 
then  within  the  limits  of  the  county  or  counties  out  of  which  it  shall 
have  been  taken. 

Sec.  28.  No  person  who  heretofore  hath  been,  or  hereafter  may  be, 
a  collector  or  holder  of  public  moneys,  shall  have  a  seat  in  either  house 
of  the  general  assembly  until  such  person  shall  have  accounted  for 
and  paid  into  the  treasury  all  sums  for  which  he  may  be  accountable 
or  liable. 

Article  II 

Section  1.  The  supreme  executive  power  of  this  State  shall  be 
vested  in  a  governor. 

Sec.  2.  The  governor  shall  be  chosen  by  the  electors  of  the  members 
of  the  general  assembly,  on  the  second  Tuesday  of  October,  at  the 
same  places  and  in  the  same  manner  that  they  shall  respectively  vote 
for  members  thereof.  The  returns  of  every  election  for  governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  government  by  the 
returning  officers,  directed  to  the  speaker  of  the  senate,  who  shall 
open  and  publish  them  in  the  presence  of  a  majority  of  the  members 
of  each  house  of  the  general  assembly.  The  person  having  the  high- 
est number  of  votes  shall  be  governor;  but  if  two  or  more  shall  be 
equal  and  highest  in  votes,  then  one  of  them  shall  be  chosen  governor 
by  joint  ballot  of  both  houses  of  the  general  assembly.  Contested 
elections  for  governor  shall  be  determined  by  both  houses  of  the  gen- 
eral assembly  in  such  manner  as  shall  be  prescribed  by  law. 

Sec.  3.  The  first  governor  shall  hold  his  office  until  the  first  Monday 
of  December,  one  thousand  eight  hundred  and  five,  and  until  another 
governor  shall  be  elected  and  qualified  to  office ;  and  forever  after  the 
governor  shall  hold  his  office  for  the  term  of  two  years,  and  until 
another  governor  shall  be  elected  and  qualified;  but  he  shall  not  be 
eligible  more  than  six  years  in  any  term  of  eight  years.  He  shall  be 
at  least  thirty  years  of  age,  and  have  been  a  citizen  of  the  United 
States  twelve  years,  and  an  inhabitant  of  this  State  four  3^ears  next 
preceding  his  election. 

Sec.  4.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  government,  and  recommend  to  their 
consideration  such  measures  as  he  shall  deem  expedient. 

Sec.  5.  He  shall  have  the  power  to  grant  reprieves  and  pardons, 
after  conviction,  except  in  cases  of  impeachment. 

Sec.  6.  The  governor  shall,  at  stated  times,  receive  for  his  services  a 
compensation,  which  shall  neither  be  increased  nor  diminished  during 
the  term  for  which  he  shall  have  been  elected. 

Sec.  T.  He  may  require  information,  in  w^riting,  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 


Ohio— 1802  2905 

of  their  respective  offices,  and  shall  take  care  that  the  laws  be  faith- 
fully executed. 

Sec.  8.  When  any  officer,  the  right  of  whose  appointment  is  by  this 
constitution,  vested  in  the  general  assembly,  shall,  during  the  recess, 
die,  or  his  office  by  any  means  become  vacant,  the  governor  shall  have 
power  to  fill  such  vacancy,  by  granting  a  commission,  which  shall 
expire  at  the  end  of  the  next  session  of  the  legislature. 

Sec.  9.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly,  by  proclamation,  and  shall  state  to  them,  when  assembled, 
the  purposes  for  which  they  shall  have  been  convened. 

Sec.  10.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  State,  and  of  the  militia,  except  when  they  shall  be  called  into 
the  service  of  the  United  States. 

Sec.  11.  In  case  of  disagreement  between  the  two  houses,  with  re- 
spect to  the  time  of  adjournment,  the  governor  shall  have  the  power 
to  adjourn  the  general  assembly  to  such  time  as  he  thinks  proper; 
provided  it  be  not  a  period  beyond  the  annual  meeting  of  the  legis- 
lature. 

Sec.  12.  In  case  of  the  death,  impeachment,  resignation,  or  the 
removal  of  the  governor  from  office,  the  speaker  of  the  senate  shall 
exercise  the  office  of  governor,  until  he  be  acquitted,  or  another  gov- 
ernor shall  be  duly  qualified.  In  case  of  impeachment  of  the  speaker 
of  the  senate,  or  his  death,  removal  from  office,  resignation,  or  absence 
from  the  State,  the  speaker  of  the  house  of  representatives  shall  suc- 
ceed to  the  office,  and  exercise  the  duties  thereof,  until  a  governor 
shall  be  elected  and  qualified. 

Sec.  13.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  this  State,  shall  execute  the  office  of  governor. 

Sec.  14.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially,  and  shall  be  called  ''  The 
Great  Seal  of  the  State  of  Ohio." 

Sec.  15.  All  grants  and  commissions  shall  be  in  the  name  and  by 
the  authority  of  the  State  of  Ohio,  sealed  with  the  seal,  signed  by  the 
governor,  and  countersigned  by  the  secretary. 

Sec.  16.  A  secretary  of  state  shall  be  appointed  by  joint  ballot  of 
the  senate  and  house  of  representatives,  who  shall  continue  in  office 
three  years,  if  he  shall  so  long  behave  himself  well :  he  shall  keep  a 
fair  register  of  the  official  acts  and  proceedingvS  of  the  governor ;  and 
shall,  when  required,  lay  the  same,  and  all  papers,  minutes,  and 
vouchers  relative  thereto,  before  either  branch  of  the  legislature;  and 
shall  perform  such  other  duties  as  shall  be  assigned  him  by  law. 

Article  III 

Section  1.  The  judicial  power  of  this  State,  both  as  to  matters  of 
law  and  equity,  shall  be  vested  in  a  supreme  court,  in  courts  of  com- 
mon pleas  for  each  county,  in  justices  of  the  peace,  and  in  such  other 
courts  as  the  legislature  may,  from  time  to  time,  establish. 

Sec.  2.  The  supreme  court  shall  consist  of  three  judges,  any  two  of 
whom  shall  be  a  quorum.  They  shall  have  original  and  appellate 
jurisdiction,  both  in  common  law  and  chancery,  in  such  cases  as  shall 
be  directed  by  law;  Provided,  That  nothing  herein  contained  shall 
prevent  the  general  assembly  from  adding  another  judge  to  the 
supreme  court  after  the  term  of  five  years,  in  which  case  the  judges 


2906  •        Ohio— 1802 

may  divide  the  State  into  two  circuits,  within  which  any  two  of  the 
judges  may  hold  a  court. 

Sec.  3.  The  several  courts  of  common  pleas  shall  consist  of  a  presi- 
dent and  associate  judges.  The  State  shall  be  divided  by  law  into 
three  circuits ;  there  shall  be  appointed  in  ea-ch  circuit  a  president  of 
the  courts,  who,  during  his  continuance  in  office,  shall  reside  therein. 
There  shall  be  appointed  in  each  county,  not  more  than  three  nor  less 
than  two  associate  judges,  who,  during  their  continuance  in  office, 
shall  reside  therein.  The  president  and  associate  judges,  in  their  re- 
spective counties,  any  three  of  whom  shall  be  a  quorum,  shall  compose 
the  court  of  common  pleas,  which  court  shall  have  common-law  and 
chancery  jurisdiction  in  all  such  cases  as  shall  be  directed  by  law: 
Provided^  That  nothing  herein  contained  shall  be  construed  to  prevent 
the  legislature  from  increasing  the  number  of  circuits  and  presidents 
after  the  term  of  five  years. 

Sec.  4.  The  judges  of  the  supreme  court,  and  courts  of  common 
pleas,  shall  have  complete  criminal  jurisdiction  in  such  cases  and  in 
such  manner  as  may  be  pointed  out  by  law. 

Sec.  5.  The  court  of  common  pleas  in  each  county  shall  have  juris- 
diction of  all  probate  and  testamentary  matters,  granting  administra- 
tion, and  the  appointment  of  guardians,  and  such  other  cases  as  shall 
be  prescribed  by  law. 

Sec.  6.  The  judges  of  the  court  of  common  pleas  shall,  Avithin  their 
respective  counties,  have  the  same  powers  with  the  judges  of  the 
supreme  court  to  issue  writs  of  ccTtiorari  to  the  justices  of  the  peace, 
and  to  cause  their  proceedings  to  be  brought  before  them,  and  the 
like  right  and  justice  to  be  done. 

Sec.  T.  The  judges  of  the  supreme  court  shall,  by  virtue  of  their 
offices,  be  conservators  of  the  peace  throughout  the  State.  The  presi- 
dents of  the  courts  of  common  pleas  shall,  by  virtue  of  their  offices,  be 
conservators  of  the  peace  in  their  respective  circuits,  and  the  judges 
of  the  court  of  common  pleas  shall,  by  virtue  of  their  offices,  be  con- 
servators of  the  peace  in  their  respective  counties. 

Sec.  8.  The  judges  of  the  supreme  court,  the  presidents,  and  the 
associate  judges  of  the  courts  of  common  pleas  shall  be  appointed 
by  a  joint  ballot  of  both  houses  of  the  general  assembly,  and  shall 
hold  their  offices  for  the  term  of  seven  years,  if  so  long  they  behave 
well.  The  judges  of  the  supreme  court,  and  the  presidents  of  the 
courts  of  common  pleas,  shall,  at  stated  times,  receive  for  their 
services  an  adequate  compensation,  to  be  fixed  by  law,  which  shall 
not  be  diminished  during  their  continuance  in  office ;  but  they  shall 
receive  no  fees  or  perquisites  of  office,  nor  hold  any  other  office  of 
profit  or  trust  under  the  authority  of  this  State  or  the  United  States. 

Sec.  9.  Each  court  shall  appoint  its  own  clerk,  for  the  term  of 
seven  years;  but  no  person  shall  be  appointed  clerk,  except  fro 
tempore^  who  shall  not  produce  to  the  court  appointing  him  a  certifi- 
cate from  a  majority  of  the  judges  of  the  supreme  court  that  they 
judge  him  to  be  well  qualified  to  execute  the  duties  of  the  office  of 
clerk  to  any  court  of  the  same  dignity  with  that  for  which  he  offers 
himself.  They  shall  be  removable  for  breach  of  good  behavior,  at 
any  time,  by  the  judges  of  the  respective  courts. 

Sec.  10.  The  supreme  court  shall  be  held  once  a  year  in  each 
county;  and  the  courts  of  common  pleas  shall  be  holden  in  each 
county  at  such  times  and  places  as  shall  be  prescribed  by  law. 


Ohio— 1802  2907 

Sec.  11.  a  competent  number  of  justices  of  the  peace  shall  be 
elected  by  the  qualified  electors  in  each  township  in  the  several 
counties,  and  shall  continue  in  office  three  years,  whose  powers  and 
duties  shall,  from  time  to  time,  be  regulated  and  defined  by  law. 

Sec.  12.  The  style  of  all  process  shall  be  "  The  State  of  Ohio,"  and 
all  prosecutions  shall  be  carried  on  in  the  name  and  by  the  authority 
of  the  State  of  Ohio ;  and  all  indictments  shall  conclude,  "  against 
the  peace  and  dignity  of  the  same." 

Article  IV 

Section  1.  In  all  elections,  all  white  male  inhabitants  above  the 
age  of  twenty-one  years,  having  resided  in  the  State  one  year  next 
preceding  the  election,  and  who  have  paid,  or  are  charged  with,  a 
State  or  county  tax,  shall  enjoy  the  right  of  an  elector ;  but  no  person 
shall  be  entitled  to  vote,  except  in  the  county  or  district  in  which 
he  shall  actually  reside  at  the  time  of  the  election. 

Sec.  2.  All  elections  shall  be  by  ballot. 

Sec.  3.  Electors  shall,  in  all  cases  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  during  their  attendance  at 
elections,  and  in  going  to  and  returning  from  the  same. 

Sec.  4.  The  legislature  shall  have  full  power  to  exclude  from  the 
privilege  of  electing,  or  of  being  elected,  any  person  convicted  of 
bribery,  perjury,  or  any  other  infamous  crime. 

Sec.  5.  Nothing  contained  in  this  article  shall  be  so  construed  as 
to  prevent  white  male  persons,  above  the  age  of  twenty-one  years, 
who  are  compelled  to  labor  on  the  roads  of  their  respective  townships 
or  counties,  and  who  have  resided  one  year  in  the  State,  from  having 
the  right  of  an  elector. 

Article  V 

Section  1.  Captains  and  subalterns  in  the  militia  shall  be  elected 
by  those  persons  in  their  respective  company-districts  subject  to 
military  duty. 

Sec.  2.  Majors  shall  be  elected  by  the  captains  and  subalterns  of 
the  battalion. 

Sec.  3.  Colonels  shall  be  elected  by  the  majors,  captains,  and  sub- 
alterns of  the  regiment. 

Sec.  4.  Brigadiers-general  shall  be  elected  by  the  commissioned 
officers  of  their  respective  brigades. 

Sec.  5.  Majors-general  and  quartermasters-general  shall  be  ap- 
pointed by  joint  ballot  of  both  houses  of  the  legislature. 

Sec.  6.  The  governor  shall  appoint  the  adjutants-general.  The 
majors-general  shall  appoint  their  aids  and  other  staff  officers;  the 
brigadiers-general  shall  appoint  their  brigade-majors  and  other 
brigade-staff  officers.  The  commanding  officers  of  regiments  shall 
appoint  their  adjutants,  quartermasters,  and  other  regimental  staff 
officers;  and  the  captains  and  subalterns  shall  appoint  their  non- 
commissioned officers  and  musicians. 

Sec.  T.  The  captains  and  subalterns  of  the  artillery  and  cavalry 
shall  be  elected  by  the  persons  enrolled  in  their  respective  corps,  and 
the  majors  and  colonels  shall  be  appointed  in  such  manner  as  shall 
be  directed  by  law.  The  colonels  shall  appoint  their  regimental  staff, 
and  the  captains  and  subalterns  their  non-commissioned  officers  and 
musicians. 


2908  Ohio— 1802 

Article  VI 

Section  1.  There  shall  be  elected  in  each  county  one  sheriff  and 
one  coroner,  by  the  citizens  thereof  who  are  qualified  to  vote  for 
members  of  the  assembly;  they  shall  be  elected  at  the  time  and  place 
of  holding  elections  for  members  of  assembly ;  they  shall  continue  in 
office  two  years,  if  they  shall  so  long  behave  well,  and  until  successors 
be  chosen  and  duly  qualified:  Provided^  That  no  person  shall  be 
eligible  as  sheriff  for  a  longer  term  than  four  years  in  any  term  of 
six  years. 

Sec.  2.  The  State  treasurer  and  auditor  shall  be  triennially  ap- 
pointed by  a  joint  bollot  of  both  houses  of  the  legislature. 

Sec.  3.  All  town  and  township  officers  shall  be  chosen  annually, 
by  the  inhabitants  thereof  duly  qualified  to  vote  for  members  of  the 
assembly,  at  such  time  and  place  as  may  be  directed  by  law. 

Sec.  4.  The  appointment  of  all  civil  officers,  not  otherwise  directed 
by  this  constitution,  shall  be  made  in  such  manner  as  may  be  directed 
by  law. 

Article  VII 

Section  1.  Every  person  who  shall  be  chosen  or  appointed  to  any 
office  of  trust  or  profit  under  the  authority  of  the  State  shall,  before 
the  entering  on  the  execution  thereof,  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  United  States  and  of  this  State,  and 
also  an  oath  of  office. 

Sec.  2.  Any  elector  who  shall  receive  any  gift  or  reward  for  his 
vote,  in  meat,  drink,  money,  or  otherwise,  shall  suffer  such  punish- 
ment as  the  laws  shall  direct;  and  any  person  who  shall,  directly  or 
indirectly,  give,  promise,  or  bestow  any  such  reward  to  be  elected, 
shall  thereby  be  rendered  incapable  for  two  years  to  serve  in  the  office 
for  which  he  was  elected,  and  be  subject  to  such  other  punishment 
as  shall  be  directed  by  law. 

Sec.  3.  No  new  county  shall  be  established  by  the  general  assembly, 
which  shall  reduce  the  county  or  counties,  or  either  of  them,  from 
which  it  shall  be  taken,  to  less  contents  than  four  hundred  square 
miles;  nor  shall  any  county  be  laid  off  of  less  contents.  Every  new 
county,  as  to  the  right  of  suffrage  and  representation,  shall  be  consid- 
ered as  a  part  of  the  county  or  counties  from  which  it  was  taken,  until 
entitled  by  numbers  to  the  right  of  representation. 

Sec.  4.  Chillicothe  shall  be  the  seat  of  government  until  the  year 
one  thousand  eight  hundred  and  eight.  No  money  shall  be  raised 
until  the  year  one  thousand  eight  hundred  and  nine,  by  the  legislature 
of  this  State,  for  the  purpose  of  erecting  public  buildings  for  the 
accommodation  of  the  legislature. 

Sec.  5.  That,  after  the  year  one  thousand  eight  hundred  and  six, 
whenever  two-thirds  of  the  general  assembly  shall  think  it  nesessary 
to  amend  or  change  this  constitution,  they  shall  recommend  to  the 
electors,  at  the  next  election  for  members  to  the  general  assembly,  to 
vote  for  or  against  a  convention;  and  if  it  shall  appear  that  a 
majority  of  the  citizens  of  the  State,  voting  for  representatives,  have 
voted  for  a  convention,  the  general  assembly  shall,  at  their  next 
session,  call  a  convention,  to  consist  of  as  many  members  as  there  may 
be  in  the  general  assembly,  to  be  chosen  in  the  same  manner,  at  the 
same  places,  and  by  the  same  electors  that  choose  the  general  assembly, 


^ 


Ohio— 1802  2909 

who  shall  meet  within  three  months  after  the  said  election,  for  the 
purpose  of  revising,  amending,  or  changing  the  constitution.  But  no 
alteration  of  this  constitution  shall  ever  take  place  so  as  to  introduce 
slavery  or  involuntary  servitude  into  this  State. 

Sec.  6.  That  the  limits  and  boundaries  of  this  State  be  ascertained, 
it  is  declared  that  they  are  as  hereafter  mentioned,  that  is  to  say, 
bounded  on  the  east  by  the  Pennsylvania  line;  on  the  south,  by  the 
Ohio  River,  to  the  mouth  of  the  Great  Miami  River ;  on  the  west,  by 
the  line  drawn  due  north  from  the  mouth  of  the  Great  Miami  afore- 
said ;  and  on  the  north,  by  an  east  and  west  line,  drawn  through  the 
southerly  extreme  of  Lake  Michigan,  running  east  after  intersecting 
the  due-north  line  aforesaid,  from  the  mouth  of  the  Great  Miami, 
until  it  shall  intersect  Lake  Erie,  or  the  territorial  line;  and  thence 
with  the  same  through  Lake  Erie  to  the  Pennsylvania  line  aforesaid : 
Provided  always^  and  it  is  hereby  fully  understood  and  declared  hy 
this  convention^  That  if  the  southerly  bend  or  extreme  of  Lake 
Michigan  should  extend  so  far  south,  that  a  line  drawn  due  east 
from  it  should  not  intersect  Lake  Erie,  or  if  it  should  intersect  the 
said  Lake  Erie  east  of  the  mouth  of  the  Miami  River  of  the  Lake, 
then,  and  in  that  case,  with  the  assent  of  the  Congress  of  the  United 
States,  the  northern  boundary  of  this  State  shall  be  established  by, 
and  extending  to,  a  direct  line,  running  from  the  southern  extremity 
of  Lake  Michigan  to  the  most  northerly  cape  of  the  Miami  Bay, 
after  intersecting  the  due-north  line  from  the  mouth  of  the  Great 
Miami  River  as  aforesaid ;  thence  northeast  to  the  territorial,  and  by 
the  said  territorial  line  to  the  Pennsylvania  line. 

Article  VIII 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized,  and  forever  unalterably  established, 
we  declare — 

Section  1.  That  all  men  are  born  equally  free  and  independent,  and 
have  certain  natural,  inherent,  and  unalienable  rights,  amongst  which 
are  the  enjoying  and  defending  life  and  liberty,  acquiring,  possessing, 
and  protecting  property,  and  pursuing  and  obtaining  happiness  and 
safety ;  and  every  free  republican  government  being  founded  on  their 
sole  authority,  and  organized  for  the  great  purpose  of  protecting 
their  rights  and  liberties  and  securing  their  independence;  to  effect 
these  ends,  they  have  at  all  times  a  complete  power  to  alter,  reform, 
or  abolish  their  government,  whenever  they  may  deem  it  necessary. 

Sec.  2.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
this  State,  otherwise  than  for  the  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted;  nor  shall  any  male  person, 
arrived  at  the  age  of  twenty-one  years,  nor  female  person,  arrived  at 
the  age  of  eighteen  years,  be  held  to  serve  any  person  as  a  servant, 
under  the  pretence  or  indenture  or  otherwise,  unless  such  person  shall 
enter  into  such  indenture  while  in  a  state  of  perfect  freedom,  and 
on  condition  of  a  hona-fide  consideration,  received,  or  to  be  received, 
for  their  service,  except  as  before  excepted.  Nor  shall  any  indenture 
of  any  negro  or  mulatto,  hereafter  made  and  executed  out  of  the 
State,  or,  if  made  in  the  State,  where  the  term  of  service  exceeds 
one  year,  be  of  the  least  validity,  except  those  given  in  the  case  of 
apprenticeships. 


2910  Ohio— 1802 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  conscience; 
that  no  human  authority  can,  in  any  case  whatever,  control  or  inter- 
fere with  the  rights  of  conscience ;  that  no  man  shall  be  compelled  to 
attend,  erect,  or  support  any  place  of  worship,  or  to  maintain  any 
ministry,  against  his  consent;  and  that  no  preference  shall  ever  be 
given  by  law  to  any  religious  society  or  mode  of  worship,  and  no 
religious  test  shall  be  required,  as  a  qualifiation  to  anj^  office  of  trust 
or  profit.  But  religion,  morality,  and  knowledge  being  essentially 
necessary  to  the  good  government  and  the  happiness  of  mankind, 
schools  and  the  means  of  instruction  shall  forever  be  encouraged 
by  legislative  provision,  not  inconsistent  with  the  rights  of  conscience. 

Sec.  4.  Private  property  ought  and  shall  ever  be  held  inviolate, 
but  always  subservient  to  the  public  welfare;  provided  a  compensa- 
tion in  money  be  made  to  the  owner. 

Sec.  5.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions,  from  all  unwarrantable  searches  and  sei- 
zures; and  that  general  warrants,  whereby  an  officer  may  be  com- 
manded to  search  suspected  places,  without  probable  evidence  of  the 
fact  committed,  or  to  seize  any  person  or  persons  not  named,  whose 
offences  are  not  particularly  described,  and  without  oath  or  affirma- 
tion, are  dangerous  to  liberty,  and  shall  not  be  granted. 

Sec.  6.  That  the  printing-presses  shall  be  open  and  free  to  every 
citizen  who  wishes  to  examine  the  proceedings  of  any  branch  of  gov- 
ernment, or  the  conduct  of  any  public  officer;  and  no  law  shall  ever 
restrain  the  right  thereof.  Every  citizen  has  an  indisputable  right 
to  speak,  write,  or  print,  upon  any  subject  as  he  thinks  proper,  being 
liable  for  the  abuse  of  that  liberty.  In  prosecutions  for  any  publica- 
tion respecting  the  official  conduct  of  men  in  a  public  capacity,  or 
where  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  always  be  given  in  evidence;  and  in  all  indict- 
ments for  libels,  the  jury  shall  have  a  right  to  determine  the  law  and 
the  facts,  under  the  direction  of  the  court,  as  in  other  cases. 

Sec.  T.  That  all  courts  shall  be  open,  and  every  person,  for  an 
injury  done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have 
remedy  by  the  due  course  of  law,  and  right  and  justice  administered 
without  denial  or  delay. 

Sec.  8.  That  the  right  of  trial  by  jury  shall  be  inviolate. 

Sec.  9.  That  no  power  suspending  the  laws  shall  be  exercised,  unless 
by  the  legislature. 

Sec.  10.  That  no  person  arrested  or  confined  in  jail  shall  be  treated 
with  unnecessary  ri^or,  or  be  put  to  answer  any  criminal  charge, 
but  by  presentment,  indictment,  or  impeachment. 

Sec.  11.  That  in  all  criminal  prosecutions  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof;  to 
meet  the  witnesses  face  to  face;  to  have  compulsory  process  for 
obtaining  witnesses  in  his  favor ;  and,  in  prosecutions  by  indictment 
or  presentment,  a  speedy  public  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offence  shall  have  been  committed, 
and  shall  not  be  compelled  to  give  evidence  against  himself;  nor 
shall  he  be  twice  put  in  jeopardy  for  the  same  offence. 

Sec.  12.  That  all  persons  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  where  the  proof  is  evident  or  the  pre- 


Ohio— 1802  2911 

sumption  great ;  and  the  privilege  of  the  writ  of  habeas  corpus  shall 
not  be  suspended,  unless  when,  in  case  of  rebellion  or  invasion,  the 
public  safety  may  require  it. 

Sec.  13.  Excessive  bail  shall  not  be  required,  excessive  fines  shall 
not  be  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

Sec.  14.  All  penalties  shall  be  proportioned  to  the  nature  of  the 
offence.  No  wise  legislature  will  affix  the  same  punishment  to  the 
crimes  of  theft,  forgery,  and  the  like,  which  they  do  to  those  of 
murder  and  treason.  When  the  same  undistinguished  severity  is 
exerted  against  all  offences,  the  people  are  led  to  forget  the  real  dis- 
tinction in  the  crimes  themselves,  and  to  commit  the  most  flagrant 
with  as  little  compunction  as  they  do  the  slightest  offences.  For  the 
same  reasons,  a  multitude  of  sanguinary  laws  are  both  impolitic  and 
unjust;  the  true  design  of  all  punishments  being  to  reform,  not  to 
exterminate,  mankind. 

Sec.  15.  The  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  his 
estate  for  the  benefit  of  his  creditor  or  creditors,  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  16.  No  ex  post  facto  law,  nor  any  law  impairing  the  validity 
of  contracts  shall  ever  be  made;  and  no  conviction  shall  work  cor- 
ruption of  blood,  or  forfeiture  of  estate. 

Sec.  17.  That  no  person  shall  be  liable  to  be  transported  out  of  this 
State  for  any  offence  committed  within  the  State. 

Sec.  18.  That  a  frequent  recurrence  to  the  fundamental  principles 
of  civil  government  is  absolutely  necessary  to  preserve  the  blessings 
of  liberty. 

Sec.  19.  That  the  people  have  a  right  to  assemble  together  in  a 
peaceable  manner  to  consult  for  their  common  good,  to  instruct 
their  representatives,  and  to  apply  to  the  legislature  for  redress  of 
grievances. 

Sec.  20.  That  the  people  have  a  right  to  bear  arms  for  the  defence 
of  themselves  and  the  State ;  and  as  standing  armies,  in  time  of  peace, 
are  dangerous  to  liberty,  they  shall  not  be  kept  up,  and  that  the 
military  shall  be  kept  under  strict  subordination  to  the  civil  power. 

Sec.  21.  That  no  person  in  this  State,  except  such  as  are  employed 
in  the  Army  or  Navy  of  the  United  States,  or  militia  in  actual  serv- 
ice, shall  be  subject  to  corporeal  punishment  under  the  military  law. 

Sec.  22.  That  no  soldier,  in  time  of  peace,  be  quartered  in  any*  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  the 
manner  prescribed  by  law. 

Sec.  23.  That  the  levying  taxes  by  the  poll  is  grievous  and  oppres- 
sive ;  therefore,  the  legislature  shall  never  levy  a  poll-tax  for  county 
or  State  purposes. 

Sec.  24.  That  no  hereditary  emoluments,  privileges,  or  honors  shall 
ever  be  granted  or  conferred  by  this  State. 

Sec.  25.  That  no  law  shall  be  passed  to  prevent  the  poor  in  the 
several  counties  and  townships  within  this  State,  from  an  equal 
participation  in  the  schools,  academies,  colleges,  and  universities 
within  this  State,  which  are  endowed,  in  whole  or  in  part,  from  the 
revenues  arising  from  the  donations  made  by  the  United  States  for 
the  support  of  schools  and  colleges ;  and  the  doors  of  the  said  schools, 
academies,  and  universities  shallbe  open  for  the  reception  of  scholars, 
students,  and  teachers  of  every  grade,  without  any  distinction  or 


2912  Ohio— 1802 

preference  whatever,  contrary  to  the  intent  for  which  the  said  dona- 
tions were  made. 

Sec.  26.  The  laws  shall  be  passed  by  the  legislature  which  shall 
secure  to  each  and  every  denomination  of  religious  societies  in  each 
surveyed  township,  which  now  is  or  may  hereafter  be  formed  in  the 
State,  an  equal  participation,  according  to  their  number  of  adherents, 
of  the  profits  arising  from  the  land  granted  by  Congress  for  the 
support  of  religion,  agreeably  to  the  ordinance  or  act  of  Congress 
making  the  appropriation. 

Sec.  27.  That  every  association  of  persons,  when  regularly  formed 
within  this  State,  and  having  given  themselves  a  name,  may,  on 
application  to  the  legislature,  be  entitled  to  receive  letters  of  incor- 
poration to  enable  them  to  hold  estates,  real  and  personal,  for  the 
support  of  their  schools,  academies,  colleges,  universities,  and  for 
other  purposes. 

Sec.  28.  To  guard  against  the  transgressions  of  the  high  powers 
which  we  have  delegated,  we  declare  that  all  powers  not  hereby  dele- 
gated remain  with  the  people. 

Schedule 

Section  1.  That  no  evils  or  inconveniences  may  arise  from  the 
change  of  a  territorial  government  to  a  permanent  State  government, 
it  is  declared  by  this  convention,  that  all  rights,  suits,  actions,  prose- 
cutions, claims,  and  contracts,  both  as  it  respects  individuals  and 
bodies-corporate,  shall  continue  as  if  no  change  had  taken  place  in 
this  government. 

Sec.  2.  All  fines,  penalties,  and  forfeitures,  due  and  owing  to  the 
territory  of  the  United  States  northwest  of  the  river  Ohio,  shall  inure 
to  the  use  of  the  State.  All  bonds  executed  to  the  governor,  or  any 
other  officer  in  his  official  capacity  in  the  Territor3\  shall  pass  over 
to  the  governor  or  the  other  officers  of  the  State,  and  their  successors 
in  office,  for  the  use  of  the  State,  or  by  him  or  them  to  be  respectively 
assigned  over  to  the  use  of  those  concerned,  as  the  case  may  be. 

Sec.  3.  The  governor,  secretary,  and  judges,  and  all  other  officers 
under  the  territorial  government,  shall  continue  in  the  exercise  of 
the  duties  of  their  respective  departments  until  the  said  officers  are 
superseded  under  the  authority  of  this  constitution. 

Sec.  4.  All  laws  and  parts  of  laws  now  in  force  in  this  Territory, 
not  inconsistent  with  this  constitution,  shall  continue  and  remain  in 
full  effect  until  repealed  by  the  legislature,  except  so  much  of  the 
act  entitled  "An  act  regulating  the  admission  and  practice  of  attor- 
neys and  counsellors  at  law,"  and  of  the  act  made  amendatory  thereto, 
as  relates  to  the  term  of  time  which  the  applicant  shall  have  studied 
law,  his  residence  within  the  Territory,  and  the  term  of  time  which 
he  shall  have  practised  as  an  attorney  at  law,  before  he  can  be  ad- 
mitted to  the  degree  of  a  counsellor  at  law. 

Sec.  5.  The  governor  of  the  State  shall  make  use  of  his  private  seal 
until  a  State  seal  be  procured. 

Sec.  6.  The  president  of  the  convention  shall  issue  writs  of  elec- 
tion to  the  sheriffs  of  the  several  counties,  requiring  them  to  proceed 
to  the  election  of  a  governor,  members  of  the  general  assembly,  sher- 
iffs, and  coroners,  at  the  respective  election-districts  in  each  county, 
on  the  second  Tuesday  of  January  next,  which  elections  shall  be 


Ohio— 1851  2913 

conducted  in  the  manneii  prescribed  by  the  existing  election-laws  of 
this  Territory;  and  the  members  of  the  general  assembly,  sheriffs, 
and  coroners  then  elected,  shall  continue  to  exercise  the  duties  of  their 
respective  offices  until  the  next  annual  or  biennial  election  thereafter, 
as  prescribed  in  this  constitution,  and  no  longer. 

Sec.  T.  Until  the  first  enumeration  shall  be  made,  as  directed  in  the 
second  section  of  the  first  article  of  this  constitution,  the  county  of 
Hamilton  shall  be  entitled  to  four  senators  and  eight  representatives ; 
the  county  of  Clermont,  one  senator  and  two  representatives;  the 
county  of  Adams,  one  senator  and  three  representatives;  the  county 
of  Ross,  two  senators  and  four  representatives;  the  county  of  P^air- 
field,  one  senator  and  two  representatives ;  the  county  of  Washington, 
two  senators  and  three  representatives;  the  county  of  Belmont,  one 
senator  and  two  representatives ;  the  county  of  Jefferson,  two  senators 
and  four  representatives;  and  the  county  of  Trumbull,  one  senator 
and  two  representatives. 

Done  in  convention,  at  Chillicothe,  on  the  twenty-ninth  day  of  No- 
vember, in  the  year  of  our  Lord  one  thousand  eight  hundred  and  two, 
and  of  the  Independence  of  the  United  States  of  America,  the 
twenty-seventh. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names. 

Edward  Tiffin,  Presidervt. 
Attest : 

Thomas  Scott,  Secretary. 

CONSTITUTION  OF  OHIO— 1851  *  « 

We  the  people  of  the  State  of  Ohio,  grateful  to  Almighty  God  for 
our  freedom,  to  secure  its  blessings  and  promote  our  common  welfare, 
do  establish  this  constitution. 

Article  I 

BILL   OF   rights 

Section  1.  All  men  are,  by  nature,  free  and  independent,  and  have 
certain  inalienable  rights,  amon^  which  are  those  of  enjoying  and 
defending  life  and  liberty,  acquiring,  possessing,  and  protecting  prop- 
erty, and  seeking  and  obtaining  happiness  and  safety. 

Sec.  2.  All  political  power  is  inherent  in  the  people.  Government 
is  instituted  for  their  equal  protection  and  benefit,  and  they  have  the 
right  to  alter,  reform,  or  abolish  the  same,  whenever  they  may  deem 
it  necessary;  and  no  special  privileges  or  immunities  shall  ever  be 
granted,  that  may  not  be  altered,  revoked,  or  repealed  by  the  General 
Assembly. 

Sec.  3.  The  people  have  the  right  to  assemble  together,  in  a  peace-- 
able  manner,  to  consult  for  their  common  good ;  to  instruct  their  rep- 
resentatives;  and  to  petition  the  General  Assembly  for  the  redress 
of  grievances. 

*  The  Manual  of  Legislative  Practice  in  the  77th  General  Assembly  of  the  State  ' 
of  Ohio,  1906-1908.     pp.  137-181. 

oDone  in  Convention  at  Cincinnati,  March  10,  1851.  As  amended  and  in 
force  January,  1906.    See  Appendix. 


2914  Ohio— 1851 

Sec.  4.  The  people  have  the  right  to  boiir  arms  for  their  defense 
and  security ;  but  standing  armies,  in  time  of  peace,  are  dangerous  to 
liberty,  and  shall  not  be  kept  up ;  and  the  military  shall  be  in  strict 
subordination  to  the  civil  power. 

Sec.  5.  The  right  of  trial  by  jury  shall  be  inviolate. 

Sec.  6.  There  shall  be  no  slavery  in  this  state;  nor  involuntary 
servitude,  unless  for  the  punishment  of  crime. 

Sec.  T.  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  conscience.  No 
person  shall  be  compelled  to  attend,  erect,  or  support  any  place  of 
worship,  or  maintain  any  form  of  worship,  against  his  consent;  and 
no  preference  shall  be  given,  by  law,  to  any  religious  society;  nor 
shall  any  interference  with  the  rights  of  conscience  be  permitted.  No 
religious  test  shall  be  required,  as  a  qualification  for  office,  nor  shall 
any  person  be  incompetent  to  be  a  witness  on  account  of  his  religious 
belief;  but  nothing  herein  shall  be  construed  to  dispense  with  oaths 
and  affirmations.  Religion,  morality,  and  knowledge,  however,  being 
essential  to  good  government,  it  shall  be  the  duty  of  the  General  As- 
sembly to  pass  suitable  laws  to  protect  every  religious  denomination 
in  the  peaceable  enjoyment  of  its  own  mode  of  public  worship,  and  to 
encourage  schools,  and  the  means  of  instruction. 

Sec.  8.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  in  cases  of  rebellion  or  invasion,  the  public  safety 
require  it. 

Sec.  9.  All  persons  shall  be  bailable  by  sufficient  sureties,  except  for 
capital  offenses  where  the  proof  is  evident,  or  the  presumption  great. 
Excessive  bail  shall  not  be  required ;  nor  excessive  fines  imposed ;  nor 
cruel  and  unusual  punishment  inflicted. 

Sec.  10.  Except  in  cases  of  impeachment,  and  cases  arising  in  the 
army  and  navy,  or  in  the  militia  when  in  actual  service  in  time  of  war 
or  public  danger,  and  in  cases  of  petit  larceny  and  other  inferior 
offenses,  no  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  presentment,  or  indictment  of  a  grand  jury. 
In  any  trial,  in  any  court,  the  party  accused  shall  be  allowed  to 
appear  and  defend  in  person,  and  with  counsel ;  to  demand  the  nature 
and  cause  of  the  accusation  against  him,  and  to  have  a  copy  thereof ; 
to  meet  the  witnesses  face  to  face,  and  to  have  compulsory  process  to 
procure  the  attendance  of  witnesses  in  his  behalf,  and  a  speedy  public 
trial  by  an  impartial  jury  of  the  county  or  district,  in  which  the 
offense  is  alleged  to  have  been  committed;  nor  shall  any  person  be 
compelled,  in  any  criminal  case,  to  be  a  witness  against  himself,  or  be 
twice  put  in  jeopardy  for  the  same  offense. 

Sec.  11.  Every  citizen  may  freely  speak,  write,  and  publish  his 
sentiments  on  all  subjects,  being  responsible  for  the  abuse  of  the 
right ;  and  no  law  shall  be  passed  to  restrain  or  abridge  the  liberty  of 
speech,  or  of  the  press.  In  all  criminal  prosecutions  for  libel  the 
truth  may  be  given  in  evidence  to  the  jury,  and  if  it  shall  appear  to 
the  jury,  that  the  matter  as  charged  as  libelous  is  true,  and  was  pub- 
lished with  good  motives,  and  for  justifiable  ends,  the  party  shall  be 
acquitted. 

Sec.  12.  No  person  shall  be  transported  out  of  the  state,  for  any 
offense  committed  within  the  same;  and  no  conviction  shall  work 
corruption  of  blood,  or  forfeiture  of  estate. 


Ohio— 1851  2915 

Sec.  13.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house,  without  the  consent  of  the  owner ;  nor,  in  time  of  war,  except 
in  the  manner  j)rescribed  by  law. 

Sec.  14.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  possessions,  against  unreasonable  searches  and 
seizures  shall  not  be  violated;  and  no  warrant  shall  issue,  but  upon 
probable  cause,  supported  by  oath  or  affirmation,  particularly  describ- 
ing the  place  to  be  searched  and  the  person  and  things  to  be  seized. 

Sec.  15.  No  person  shall  be  imprisoned  for  debt  in  any  civil  action, 
on  mesne  or  final  process,  unless  in  cases  of  fraud. 

Sec.  16.  All  courts  shall  be  open,  and  every  person,  for  an  injury 
done  him  in  his  land,  goods,  person,  or  reputation,  shall  have  remedy 
by  due  course  of  law;  and  justice  administered  without  denial  or 
delay. 

Sec.  17.  No  hereditary  emoluments,  honors,  or  privileges,  shall 
ever  be  granted  or  conferred  by  this  state. 

Sec.  18.  No  power  of  suspending  laws  shall  ever  be  exercised, 
except  by  the  General  Assembly. 

Sec.  19.  Private  property  shall  ever  be  held  inviolate,  but  subservi- 
ent to  the  public  welfare.  When  taken  in  time  of  war,  or  other  public 
exigency,  imperatively  requiring  its  immediate  seizure  or  for  the 
purpose  of  making  or  repairing  roads,  which  shall  be  open  to  the 
public,  without  charge,  a  compensation  shall  be  made  to  the  owner, 
in  money,  and  in  all  other  cases,  where  private  property  shall  be 
taken  for  public  use,  a  compensation  therefor  shall  first  te  made  in 
money,  or  first  secured  by  a  deposit  of  money ;  and  such  compensation 
shall  be  assessed  by  a  ]ury,  without  deduction  for  benefits  to  any 
property  of  the  owner. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed  to 
impair  or  deny  others  retained  by  the  people;  and  all  powers,  not 
herein  delegated,  remain  with  the  people. 

Article  II 

LEGISLATIVE 

Section  1.  The  legislative  power  of  this  state  shall  be  vested  in  a 
General  Assembly,  which  shall  consist  of  a  Senate,  and  House  of 
Representatives. 

Sec.  2.  Senators  and  representatives  shall  be  elected  biennially  by 
the  electors  of  the  respective  counties  or  districts,  on  the  first  Tues- 
day after  the  first  Monday  in  November;  their  term  of  office  shall 
commence  on  the  first  day  of  January  next  thereafter,  and  continue 
two  years.     [As  amended  October  13,  1885.    See  Appendix.] 

Sec.  3.  Senators  and  representatives  shall  have  resided  in  their 
respective  counties,  or  districts,  one  year  next  preceding  their  elec- 
tion, unless  they  shall  have  been  absent  on  the  public  business  of  the 
United  States,  or  of  this  state. 

Sec.  4.  No  person  holding  office  under  the  authority  of  the  United 
States,  or  any  lucrative  office  under  the  authority  of  this  state,  shall 
be  eligible  to,  or  have  a  seat  in,  the  General  Assembly;  but  this  pro- 
vision shall  not  extend  to  township  officers,  justices  of  the  peace, 
notaries  public,  or  officers  of  the  militia. 
7254— VOL  5—09 25 


2916  Ohio— 1851 

Sec.  5.  No  person  hereafter  convicted  of  an  embezzlement  of  the 
public  funds,  shall  hold  any  office  in  this  state ;  nor  shall  any  person, 
holding  public  money  for  disbursement,  or  otherwise,  have  a  seat  in 
the  General  Assembly,  until  he  shall  have  accounted  for,  and  paid 
such  money  into  the  treasury. 

Sec.  6.  Each  house  shall  be  judge  of  the  election,  returns,  and 
qualifications  of  its  own  members;  a  majority  of  all  the  members 
elected  to  each  house  shall  be  a  quorum  to  do  business ;  but  a  less  num- 
ber may  adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members,  in  such  manner,  and  under  such  penalties,  as  shall 
be  prescribed  by  law. 

Sec.  7.  The  mode  of  organizing  the  house  of  representatives,  at  the 
commencement  of  each  regular  session,  shall  be  prescribed  by  law. 

Sec.  8.  Each  house,  except  as  otherwise  provided  in  this  constitu- 
tion, shall  choose  its  own  officers,  may  determine  its  own  rules  of  pro- 
ceeding, punish  its  members  for  disorderly  conduct;  and,  with  the 
concurrence  of  two-thirds,  expel  a  member,  but  not  the  second  time 
for  the  same  cause;  and  shall  have  all  other  powers,  necessary  to 
provide  for  its  safety,  and  the  undisturbed  transaction  of  its  business. 

Sec.  9.  Each  house  shall  keep  a  correct  journal  of  its  proceedings, 
which  shall  be  published.  At  the  desire  of  any  two  members,  the 
yeas  and  nays  shall  be  entered  upon  the  journal ;  and,  on  the  passage 
of  every  bill,  in  either  house,  the  vote  shall  be  taken  by  yeas  and  nays, 
and  entered  upon  the  journal;  and  no  law  shall  be  passed  in  either 
house  without  the  concurrence  of  a  majority  of  all  the  members 
elected  thereto. 

Sec.  10.  Any  member  of  either  house  shall  have  the  right  to  pro- 
test against  any  act,  or  resolution  thereof ;  and  such  protest,  and  the 
reasons  therefor,  shall,  without  alteration,  commitment,  or  delay,  be 
entered  upon  the  journal. 

Sec.  11.  All  vacancies  which  may  happen  in  either  house  shall,  for 
the  unexpired  term,  be  filled  by  election,  as  shall  be  directed  by  laAV. 

Sec.  12.  Senators  and  Representatives,  during  the  session  of  the 
General  Assembly,  and  in  going  to  and  returning  from  the  same, 
shall  be  privileged  from  arrest,  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace;  and  for  any  speech,  or  debate,  in  either  house, 
they  shall  not  be  questioned  elsewhere. 

Sec.  13.  The  proceedings  of  both  houses  shall  be  public,  except  in 
cases  which,  in  the  opinion  of  two-thirds  of  those  present,  require 
secrecy. 

Sec.  14.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  two  days,  Sundays  excluded ;  nor  to  any  other 
place  than  that,  in  which  the  two  houses  shall  be  in  session. 

Sec.  15.  Bills  may  originate  in  either  house;  but  may  be  altered, 
amended,  or  rejected  in  the  other. 

Sec.  16.  Every  bill  shall  be  fully  and  distinctly  read  three  different 
days,  unless  in  case  of  urgency  three-fourths  of  the  house  in  which  it 
shall  be  pending,  shall  dispense  with  this  rule.  No  bill  shall  con- 
tain more  than  one  subject,  which  shall  be  clearly  expressed  in  its  title, 
and  no  law  shall  be  revived,  or  amended,  unless  the  new  act  contain 
the  entire  act  revived,  or  the  section  or  sections  amended,  and  the  sec- 
tion, of"  sections,  so  amended,  shall  be  repealed. 

Every  bill  passed  by  both  houses  of  the  General  Assembly  shall, 
before  said  bill  can  become  law,  be  presented  to  the  governor."    If  he 


Ohio— 1851  2917 

approves  he  shall  sign  said  bill  and  thereupon  said  bill  shall  be  law. 
If  he  object  he  shall  not  sign  and  shall  return  said  bill,  together  with 
his  objection  thereto  in  writing,  to  the  house  wherein  said  bill  origi- 
nated, which  house  shall  enter  at  large  upon  its  journal  said  objec- 
tion and  shall  proceed  to  reconsider  said  bill.  If,  after  said  recon- 
sideration, at  least  two-thirds  of  the  members-elect  of  that  house  vote 
to  repass  said  bill  it  shall  be  sent,  together  with  said  objection,  to  the 
other  house,  which  shall  enter  at  large  upon  its  journal  said  objection 
and  shall  proceed  to  reconsider  said  bill.  If,  after  said  reconsidera^ 
tion,  at  least  two-thirds  of  the  members-elect  of  that  house  vote  to 
pass  said  bill  it  shall  be  law,  otherwise  it  shall  not  be  law.  The  votes 
for  the  repassage  of  said  bill  shall  in  each  house  respectively  be  no  less 
than  those  given  on  the  original  passage.  If  any  bill  passed  by  both 
houses  of  the  General  Assembly  and  presented  to  the  governor  is  not 
signed  and  is  not  returned  to  the  house  wherein  it  originated  and 
within  ten  days  after  being  so  presented,  exclusive  of  Sunday  and  the 
day  said  bill  was  presented,  said  bill  shall  be  law  as  in  like  manner 
as  if  signed,  unless  final  adjournment  of  the  General  Assembly  pre- 
vents such  return,  in  which  case  shall  be  law,  unless  objected  to  by  the 
Governor  and  filed,  together  with  his  objection  thereto  in  writing,  by 
him  in  the  office  of  the  Secretary  of  State  within  the  prescribed  ten 
days ;  and  the  Secretary  of  State  shall  at  once  make  public  said  fact 
and  shall  return  said  bill,  together  with  said  objection,  upon  the  open- 
ing of  the  next  following  session  of  the  General  Assembly,  to  the 
house  wherein  said  bill  originated,  where  it  shall  be  treated  in  like 
manner  as  if  returned  within  the  prescribed  ten  days. 

If  any  bill  passed  by  both  houses  of  the  General  Assembly  and  pre- 
sented to  the  Governor  contains  two  or  more  sections,  or  two  or  more 
items  of  appropriation  of  money,  he  may  object  to  one  or  more  of 
said  sections  or  to  one  or  more  of  said  items  of  appropriation  of 
money,  and  approve  the  other  portion  of  said  bill,  in  which  case 
said  approved  portion  may  be  signed  and  then  shall  be  law ;  and  such 
section  or  sections,  item  or  items  of  appropriation  of  money  objected 
to  shall  be  returned  within  the  time  and  in  the  manner  prescribed 
for,  and  shall  be  separately  reconsidered  as  in  the  case  of,  a  whole 
bill ;  but  if  final  adjournment  of  the  General  Assembly  prevents  such 
return  the  Governor  shall  file  said  section  or  sections,  item  or  items 
of  appropriation  of  money,  together  with  his  objection  thereto  in 
writing,  with  the  Secretary  of  State  as  in  the  case  of  a  whole  bill, 
and  the  Secretary  of  State  shall  then  make  public  said  fact  but  shall 
not  further  act  as  in  the  case  of  a  whole  bill.  [As  amended  Novem- 
ber, 1903.    See  Appendix.] 

Sec.  17.  The  presiding  officer  of  each  house  shall  sign,  publiclj  in 
the  presence  of  the  house  over  which  he  presides,  while  the  same  is  in 
session,  and  capable  of  transacting  business  all  bills  and  joint  resolu- 
tions passed  by  the  General  Assembly. 

Sec.  18.  The  style  of  the  laws  of  this  state  shall  be,  ^'Be  it  enacted 
hy  the  General  Assembly  of  the  State  of  Ohioy 

SeC.  19.  No  Senator  or  Representative  shall,  during  the  term  for 
which  he  shall  have  been  elected,  or  for  one  year  thereafter,  be  ap- 
pointed to  any  civil  office  under  this  state,  which  shall  be  created  or 
the  emoluments  of  which  shall  have  been  increased,  during  the  term 
for  which  he  shall  have  been  elected. 


2918  Ohio— 1851 

Sec.  20.  The  General  Assembly,  in  cases  not  provided  for  in  this 
constitution,  shall  fix  the  term  of  office  and  the  compensation  of  all 
officers;  but  no  change  therein  shall  affect  the  salary  of  any  officer 
during  his  existing  term,  unless  the  office  be  abolished. 

Sec.  21.  The  General  Assembly  shall  determine,  by  law,  before 
what  authority,  and  in  what  manner,  the  trial  of  contested  elections 
shall  be  conducted. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury,  except  in 
pursuance  of  a  specific  appropriation,  made  by  law;  and  no  appro- 
priation shall  be  made  for  a  longer  period  than  two  years. 

Sec.  2e3.  The  House  of  Representatives  shall  have  the  sole  power  of 
impeachment,  but  a  majority  of  the  members  elected  must  concur 
therein.  Impeachments  shall  be  tried  by  the  Senate;  and  the  sen- 
ators, when  sitting  for  that  purpose,  shall  be  upon  oath  or  affirmation 
to  do  justice  according  to  law  and  evidence.  No  person  shall  be  con- 
victed without  the  concurrence  of  two-thirds  of  the  senators. 

Sec.  24.  The  governor,  judges,  and  all  state  officers,  may  be  im- 
peached for  any  misdemeanor  m  office ;  but  judgment  shall  not  extend 
further  than  the  removal  from  office,  and  disqualification  to  hold  any 
office,  under  the  authority  of  this  state.  The  party  impeached, 
whether  convicted  or  not,  shall  be  liable  to  indictment,  trial,  and 
judgment,  according  to  law. 

Sec.  25.  All  regular  sessions  of  the  General  Assembly  shall  com- 
mence on  the  first  Monday  of  January,  biennially.  The  first  session, 
under  this  constitution,  shall  commence  on  the  first  Monday  of  Janu- 
ary, one  thousand  eight  hundred  and  fifty-two. 

Sec.  26.  All  laws,  of  a  general  nature,  shall  have  a  uniform  opera- 
tion throughout  the  state;  nor,  shall  any  act,  except  such  as  relates 
to  public  schools,  be  passed,  to  take  effect  upon  the  approval  of  any 
other  authority  than  the  General  Assembly,  except,  as  otherwise  pro- 
vided in  this  constitution. 

Sec.  27.  The  election  and  appointment  of  all  officers,  and  the  filling 
of  all  vacancies,  not  otherwise  provided  for  by  this  constitution,  or 
the  constitution  of  the  United  States,  shall  be  made  in  such  manner 
as  may  be  directed  by  law ;  but  no  appointing  power  shall  be  exercised 
by  the  General  Assembly,  except  as  prescribed  in  this  constitution, 
and  in  the  election  of  the  United  States  senators;  and  in  these  cases 
the  vote  shall  be  taken  "  viva  voce.'''' 

Sec.  28.  The  General  Assembly  shall  have  no  powder  to  pass  retro- 
active laws,  or  laws  impairing  the  obligation  of  contracts;  but  may, 
by  general  laws,  authorize  courts  to  carry  into  effect,  upon  such  terms 
as  shall  be  just  and  equitable,  the  manifest  intention  of  parties,  and 
officers,  by  curing  omissions,  defects,  and  errors,  in  instruments  and 
proceedings,  arising  out  of  their  want  of  conformity  with  the  laws  of 
this  state. 

Sec.  29.  No  extra  compensation  shall  be  made  to  any  officer,  public 
agent,  or  contractor,  after  the  service  shall  have  been  rendered,  or  the 
contract  entered  into;  nor  shall  any  money  be  paid,  on  any  claim,  the 
subject  matter  of  which  shall  not  have  been  provided  for  by  pre-exist- 
ing law,  unless  such  compensation,  or  claim,  be  allowed  by  two-thirds 
of  the  members  elected  to  each  branch  of  the  General  Assembly. 

Sec.  30.  No  new  county  shall  contain  less  than  four  hundred  square 
miles  of  territory,  nor  shall  any  county  be  reduced  below  that  amount ; 
and  all  laws  creating  new  counties,  changing  county  lines,  or  remov- 


Ohio—lSSl  2919 

ing  county  seats,  shall,  before  taking  effect,  be  submitted  to  the 
electors  of  the  several  counties  to  be  affected  thereby,  at  the  next 
general  election  after  the  passage  thereof,  and  be  adopted  by  a 
majority  of  all  the  electors  voting  at  such  election,  in  each  of  said 
counties;  but  any  county  now  or  hereafter  containing  one  hundred 
thousand  inhabitants,  may  be  divided,  whenever  a  majority  of  the 
voters  residing  in  each  of  the  proposed  divisions  shall  approve  of  the 
law  passed  for  that  purpose;  but  no  town  or  city  within  the  same 
shall  be  divided,  nor  shall  either  of  the  divisions  contain  Jess  than 
twenty  thousand  inhabitants. 

Sec.  31.  The  members  and  officers  of  the  General  Assembly  shall 
receive  a  fixed  compensation,  to  be  prescribed  by  law,  and  no  other 
allowance  or  perquisites,  either  in  the  payment  of  postage  or  other- 
wise; and  no  change  in  their  compensation  shall  take  effect  during 
their  term  of  office. 

Sec.  32.  The  General  Assembly  shall  grant  no  divorce,  nor  exercise 
any  judicial  power  not  herein  expressly  conferred. 

Article  III 

EXECUTIVE 

Section  1.  The  executive  department  shall  consist  of  a  governor, 
lieutenant  governor,  secretary  of  state,  auditor  of  state,  treasurer  of 
state,  and  an  attorney -general,  who  shall  be  elected  on  the  first  Tues- 
day after  the  first  Monday  in  November^  by  the  electors  of  the  state, 
and  at  the  places  of  voting  for  members  of  the  General  Assembly. 
[As  amended  October  13,  1885.    See  Appendix.] 

Sec.  2.  The  governor,  lieutenant  governor,  secretary  of  state,  treas- 
urer, and  attorney-general  shall  hold  their  offices  for  two  years ;  and 
the  auditor  for  four  years.  Their  terms  of  office  shall  commence  on 
the  second  Monday  of  January  next  after  their  election,  and  continue 
until  their  successors  are  elected  and  qualified. 

Sec.  3.  The  returns  for  every  election  for  the  officers  named  in  the 
foregoing  election  shall  be  sealed  up  and  transmitted  to  the  seat  of 
government,  by  the  returning  officers,  directed  to  the  president  of  the 
senate,  who,  during  the  first  week  of  the  session,  shall  open  and  pub- 
lish them,  and  declare  the  result,  in  the  presence  of  a  majority  of  the 
members  of  each  house  of  the  General  Assembly.  The  person  having 
the  highest  number  of  votes  shall  be  declared  duly  elected ;  but  if  any 
two  or  more  shall  be  highest,  and  equal  in  votes,  for  the  same  office, 
one  of  them  shall  be  chosen  by  the  joint  vote  of  both  houses. 

Sec.  4.  Should  there  be  no  session  of  the  General  Assembly  in  Jan- 
uary next  after  an  election  for  any  of  the  officers  aforesaid,  the  re- 
turns of  such  election  shall  be  made  to  the  secretary  of  state,  and 
opened,  and  the  result  declared  by  the  governor,  in  such  manner  as 
may  be  provided  by  law. 

Sec  5.  The  supreme  executive  power  of  this  state  shall  be  vested 
in  the  governor. 

Sec.  6.  He  may  require  information,  in  writing,  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices;  and  shall  see  that  the  laws  are  faithfully 
executed. 


2920  Ohio— 1851 

Sec.  7.  He  shall  communicate  at  every  session,  by  message,  to  the 
General  Assembly,  the  condition  of  the  state,  and  recommend  such 
measures  as  he  shall  deem  expedient. 

Sec.  8.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly  by  proclamation,  and  shall  state  to  both  houses,  when 
assembled,  the  purpose  for  which  they  have  been  convened. 

Sec.  9.  In  case  of  a  disagreement  between  the  two  houses,  in  re- 
spect to  the  time  of  adjournment,  he  shall  have  power  to  adjourn  the 
General  Assembly  to  such  time  as  he  may  think  proper,  but  not 
beyond  the  regular  meetings  thereof. 

Sec.  10.  He  shall  be  commander-in-chief  of  the  military  and  naval 
forces  of  the  state,  except  when  they  shall  be  called  into  the  service  of 
the  United  States. 

Sec.  11.  He  shall  have  power,  after  conviction,  to  grant  reprieves, 
commutations,  and  pardons,  for  all  crimes  and  offenses,  except  treason 
and  cases  of  impeachment,  upon  such  conditions  as  he  may  think 
proper;  subject,  however,  to  such  regulations,  as  to  the  manner  of 
applying  pardons,  as  may  be  prescribed  by  law.  Upon  conviction  for 
treason,  he  may  suspend  the  execution  of  the  sentence,  and  report  the 
case  to  the  General  Assembly,  at  its  next  meeting,  when  the  General 
Assembly  shall  either  pardon,  commute  the  sentence,  direct  its  exe- 
cution, or  grant  a  further  reprieve.  He  shall  communicate  to  the 
General  Assembly,  at  every  regular  session  each  case  of  reprieve, 
commutation,  or  pardon  granted,  stating  the  name  and  crime  of  con- 
vict, the  sentence,  its  date,  and  the  date  of  the  commutation,  pardon, 
or  reprieve,  Avith  his  reason  therefor. 

Sec.  12.  There  shall  be  a  seal  of  the  state,  which  shall  be  kept  by 
the  governor,  and  used  by  him  officially ;  and  shall  be  called  "  The 
Great  Seal  of  the  State  of  Ohio.'] 

Sec.  13.  All  grants  and  commissions  shall  be  issued  in  the  name, 
and  by  the  authority,  of  the  state  of  Ohio ;  sealed  with  the  great  seal ; 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

Sec.  14.  No  member  of  Congress,  or  other  person  holding  office 
under  the  authority  of  this  state,  or  of  the  United  States,  shall  exe- 
cute the  office  of  governor,  except  as  herein  provided. 

Sec.  15.  In  case  of  the  death,  impeachment,  resignation,  removal,  or 
other  disability  of  the  governor,  the  powders  and  duties  of  the  office,  for 
the  residue  of  the  term,  or  until  he  shall  be  acquitted,  or  the  disability 
I'emoved,  shall  devolve  upon  the  lieutenant  governor. 

Sec.  16.  The  lieutenant  governor  shall  be  president  of  the  senate, 
but  shall  vote  onl}^  when  the  senate  is  equally  divided;  and  in  case 
of  his  absence,  or  impeachment,  or  when  he  shall  exercise  the  office  of 
governor,  the  senate  shall  choose  a  president  pro  tempore. 

Sec.  it.  If  the  lieutenant  governor,  while  executing  the  office  of 
governor,  shall  be  impeached,  displaced,  resign  or  die,  or  otherwise 
become  incapable  of  performing  the  duties  of  the  office,  the  president 
of  the  senate  shall  act  as  governor  until  the  vacancy  is  filled,  or  the 
disability  removed ;  and  if  the  president  of  the  senate,  for  any  of 
the  above  causes,  shall  be  rendered  incapable  of  performing  the  duties 
pertaining  to  the  office  of  governor,  the  same  shall  devolve  upon  the 
speat;er  oi  the  house  of  representatives. 

Sec.  18.  Should  the  office  of  auditor,  treasurer,  secretary,  or  attor- 
ney-general, become  vacant,  for  any  of  the  causes  specified  in  the  fif- 
teenth section  of  this  article,  the  governor  shall  fill  the  vacancy  until 


Ohio— 1851  2921 

the  disability  is  removed,  or  a  successor  elected  and  qualified.  Every 
such  vacancy  shall  be  filled  by  election,  at  the  first  general  election 
that  occurs  more  than  thirty  days  after  it  shall  have  happened ;  and 
the  person  chosen  shall  hold  the  office  for  the  full  term  fixed  in  the 
second  section  of  this  article. 

Sec.  19.  The  officers  mentioned  in  this  article  shall,  at  stated  times, 
receive  for  their  services,  a  compensation  to  be  established  by  law, 
which  shall  neither  be  increased  nor  diminished  during  the  period 
for  which  they  shall  have  been  elected. 

Sec.  20.  The  officers  of  the  executive  department,  and  of  the  public 
state  institutions  shall,  at  least  five  days  preceding  each  regular  ses- 
sion of  the  General  Assembly,  severally  report  to  the  governor,  who 
shall  transmit  such  reports  with  his  message,  to  the  General  Assembly. 

Article  IV 

JUDICIAL 

Section  1.  The  judicial  power  of  the  state  is  vested  in  a  supreme 
court,  circuit  courts,  courts  of  common  pleas,  courts  of  probate,  justices 
of  the  peace,  and  such  other  courts  inferior  to  the  supreme  court,  as  the 
General  Assembly  may  from  time  to  time  establish.  [As  amended 
October  9,  1883.    See  Appendix.] 

Sec.  2.  The  supreme  court  shall,  until  otherwise  provided  by  law, 
consist  of  five  judges,  a  majority  of  whom  competent  to  sit  shall  be 
necessary  to  form  a  quorum  or  to  pronounce  a  decision,  except  as 
hereinafter  provided.  It  shall  have  original  jurisdiction  in  quo  Avar- 
ranto,  mandamus,  habeas  corpus  and  procedendo,  and  such  appellate 
jurisdiction  as  may  be  provided  by  law.  It  shall  hold  at  least  one 
term  in  each  year  at  the  seat  of  government,  and  such  other  terms, 
there  or  elsewhere,  as  may  be  provided  by  law.  The  judges  of  the 
supreme  court  shall  be  elected  by  the  electors  of  the  state  at  large,  for 
such  term,  not  less  than  five  years,  as  the  General  Assembly  may 
prescribe,  and  they  shall  be  elected  and  their  official  term  shall  begin 
at  such  time  as  may  be  fixed  by  law.  In  case  the  General  Assembly 
shall  increase  the  number  of  such  judges,  the  first  term  of  each  of 
such  additional  judges  shall  be  such,  that  in  each  year  after  their  first 
election,  an  equal  number  of  judges  of  the  supreme  court  shall  be 
elected,  except  in  elections  to  fill  vacancies;  and  whenever  the  number 
of  such  judges  shall  be  increased,  the  General  Assembly  may  authorize 
such  court  to  organize  divisions  thereof,  not  exceeding  three,  each 
division  to  consist  of  an  equal  number  of  judges;  for  the  adjudication 
of  cases,  a  majority  of  each  division  shall  constitute  a  quorum,  and 
such  an  assignment  of  the  cases  to  each  division  maybe  made  as  such 
court  may  deem  expedient,  but  whenever  all  the  judges  of  either  divi- 
sion hearmg  a  case  shall  not  concur  as  to  the  judgment  to  be  rendered, 
therein,  or  whenever  a  case  shall  involve  the  constitutionality  of  an 
act  of  the  General  Assembly  or  of  an  act  of  congress,  it  shall  be 
reserved  to  the  whole  court  for  adjudication.  The  judges  of  the 
supreme  court  in  office  when  this  amendment  takes  effect,  shall  con- 
tinue to  hold  their  offices  until  their  successors  are  elected  and 
qualified.     [As  amended  October  9,  1883.    See  Appendix.] 

Sec.  3.  The  state  shall  be  divided  into  nine  common  pleas  districts, 
of  which  the  county  of  Hamilton  shall  constitute  one,  of  compact  ter- 
ritory, and  bounded  by  county  lines;  and  each  of  said  districts,  con- 


2922  Ohio— 1851 

sisting  of  three  or  more  counties,  shall  be  subdivided  into  three  parts, 
of  compact  territory,  bounded  by  county  lines,  and  as  nearly  equal  in 
population  as  practicable;  in  each  of  Avhich,  one  judge  of  the  court  of 
common  jDleas  for  said  district,  and  residing  therein,  shall  be  elected 
by  the  electors  of  said  subdivision.  Courts  of  common  pleas  shall 
be  held,  by  one  or  more  of  these  judges,  in  every  county  in  the  district, 
as  often  as  may  be  provided  by  law;  and  more  than  one  court,  or 
sitting  thereof,  may  be  held  at  the  same  time  in  each  district. 

Sec.  4.  The  jurisdiction  of  the  courts  of  common  pleas,  and  of  the 
judges  thereof,  shall  be  fixed  by  law. 

Sec.  5.   [Repealed  October  9,"  1883.] 

Sec.  6.  The  circuit  court  shall  have  like  original  jurisdiction  with 
the  supreme  court,  and  such  appellate  jurisdiction  as  may  be  pro- 
vided by  law.  Such  courts  shall  be  composed  of  such  number  of 
judges  as  may  be  provided  by  law,  and  shall  be  held  in  each  county, 
at  least  once  in  each  year.  The  number  of  circuits,  and  the  bounda- 
ries thereof,  shall  be  prescribed  by  law.  Such  judges  shall  be  elected 
in  each  circuit  by  the  electors  thereof,  and  at  such  time  and  for  such 
term  as  may  be  prescribed  by  law,  and  the  same  number  shall  be 
elected  in  each  circuit.  Each  judge  shall  be  competent  to  exercise 
his  judicial  powers  in  any  circuit.  The  General  Assembly  may 
change,  from  time  to  time,  the  number  or  boundaries  of  the  circuits. 
The  circuit  courts  shall  be  the  successors  of  the  district  courts,  and 
all  cases,  judgments,  records,  and  proceedings  pending  in  said  dis- 
trict courts,  in  the  several  counties  of  any  district,  shall  be  trans- 
ferred to  the  circuit  courts  in  the  several  counties,  and  be  proceeded 
in  as  though  said  district  courts  had  not  been  abolished,  and  the  dis- 
trict courts  shall  continue  in  existence  until  the  election  and  qualifica- 
tion of  the  judges  of  the  circuit  court.  [As  amended  October  9, 
1883.    See  Appendix.] 

Sec.  7.  There  shall  be  established  in  each  county,  a  probate  court, 
which  shall  be  a  court  of  record,  open  at  all  times,  and  holden  by  one 
judge,  elected  by  the  voters  of  the  county,  who  shall  hold  his  office  for 
the  term  of  three  years,  and  shall  receive  such  compensation,  payable 
out  of  the  county  treasury,  or  by  fees,  or  both,  as  shall  be  provided  by 
law. 

Sec.  8.  The  probate  court  shall  have  jurisdiction  in  probate  and 
testamentary  matters,  the  appointment  of  administrators  and  guar- 
dians, the  settlement  of  the  accounts  of  executors,  administrators,  and 
guardians,  and  such  jurisdiction  in  habeas  corpus,  the  issuing  of  mar- 
riage licenses,  and  for  the  sale  of  land  by  executors,  administrators, 
and  guardians,  and  such  other  jurisdiction,  in  any  county  or  counties, 
as  may  be  provided  by  law. 

Sec.  9.  A  competent  number  of  justices  of  the  peace  shall  be  elected, 
by  the  electors,  in  each  township  in  the  several  counties.  Their  term 
of  office  shall  be  three  years,  and  their  powers  and  duties  shall  be 
regulated  by  law. 

Sec.  10.  All  judges,  other  than  those  provided  for  in  this  constitu- 
tion, shall  be  elected,  by  the  electors  of  the  judicial  district  for  which 
they  may  be  created,  but  not  for  a  longer  term  of  office  than  five  vears. 

Sec.  11.  [Repealed  October  9,  1883.    See  Appendix.] 

Sec  12.  The  judges  of  the  courts  of  common  pleas  shall,  while  in 
office,  reside  in  the  district  for  which  they  are  elected;  and  their 
term  of  office  shall  be  for  five  years. 


Ohio— 1851  2923 

Sec.  13.  In  case  the  office  of  any  judge  shall  become  vacant,  before 
the  expiration  of  the  regular  term  for  which  he  was  elected,  the 
vacancy  shall  be  filled  by  appointment  by  the  governor,  until  a  suc- 
cessor is  elected  and  qualified ;  and  such  successor  shall  be  elected  for 
the  unexpired  term,  at  the  first  annual  election  that  occurs  more  than 
thirty  days  after  the  vacancy  shall  have  happened. 

Sec.  14.  The  judges  of  the  supreme  court,  and  of  the  court  of  com- 
mon pleas,  shall,  at  stated  times,  receive,  for  their  services,  such  com- 
pensation as  may  be  provided  by  law,  which  shall  not  be  diminished, 
or  increased,  during  their  term  of  office ;  but  they  shall  receive  no  fees 
or  perquisites,  nor  hold  ony  other  office  of  profit  or  trust,  under  the 
authority  of  this  state,  or  the  United  States.  All  votes  for  either 
of  them,  for  any  elective  office,  except  a  judicial  office,  under  the 
authority  of  this  state,  given  by  the  General  Assembly,  or  the  people, 
shall  be  void. 

Sec.  15.  The  General  Assembly  may  increase,  or  diminish,  the  num- 
ber of  the  judges  of  the  supreme  court,  the  number  of  the  districts  of 
the  court  of  common  pleas,  the  number  of  judges  in  any  district, 
change  the  districts,  or  the  subdivisions  thereof,  or  establish  other 
courts,  whenever  two-thirds  of  the  members  elected  to  each  house 
shall  concur  therein;  but  no  such  change,  addition,  or  diminution, 
shall  vacate  the  office  of  any  judge. 

Sec.  16.  There  shall  be  elected  in  each  county,  by  the  electors  there- 
of, one  clerk  of  the  court  of  common  pleas,  wdio  shall  hold  his  office  for 
the  term  of  three  years,  and  until  his  successor  shall  be  elected  and 
qualified.  He  shall,  by  virtue  of  his  office,  be  clerk  of  all  other  courts 
of  record  held  therein;  but,  the  General  Assembly  may  provide,  by 
law,  for  the  election  of  a  clerk,  with  a  like  term  of  office,  for  each  or 
any  other  of  the  courts  of  record,  and  may  authorize  the  judge  of  the 
probate  court  to  perform  the  duties  of  clerk  for  his  court,  under  such 
regulations  as  may  be  directed  by  law.  Clerks  of  courts  shall  be 
removable  for  such  cause  and  in  such  manner  as  shall  be  prescribed 
by  law. 

Sec.  17.  Judges  may  be  removed  from  office,  by  concurrent  resolu- 
tions of  both  houses  of  the  General  Assembly,  if  two-thirds  of  the 
members,  elected  to  each  house,  concur  therein ;  but,  no  such  removal 
shall  be  made,  except  upon  complaint,  the  substance  of  which  shall 
be  entered  on  the  journal,  nor,  until  the  party  charged  shall  have  had 
notice  thereof,  and  an  opportunity  to  be  heard. 

Sec.  18.  The  several  judges  of  the  supreme  court,  of  the  common 
pleas,  and  of  such  other  courts  as'may  be  created,  shall,  respectively, 
have  and  exercise  such  power  and  jurisdiction,  at  chambers,  or  other- 
wise, as  may  be  directed  by  law. 

Sec.  19.  The  General  Assembly  may  establish  courts  of  conciliation, 
and  prescribe  their  powers  and  duties ;  but  such  courts  shall  not  ren- 
der final  judgment  in  any  case,  exce^^t  upon  submission,  by  the  parties, 
of  the  matter  in  dispute,  and  their  agreement  to  abide  such  judgment. 

Sec.  20.  The  style  of  all  process  shall  be,  "The  State  of  Ohio;" 
all  prosecutions  shall  be  carried  on,  in  the  name,  and  by  the  authority, 
of  the  State  of  Ohio ;  and  all  indictments  shall  conclude,  "  against 
the  peace  and  dignity  of  the  State  of  Ohio." 

Sec.  22.  (21)  A  commission,  which  shall  consist  of  five  members, 
shall  be  appointed  by  the  governor,  with  the  advice  and  consent  of  the 
Senate,  the  members  of  which  shall  hold  office  for  the  term  of  three 


2924  Ohio— 1851 

years  from  and  after  the  first  day  of  February,  1876,  to  dispose  of 
such  part  of  the  business  then  on  the  dockets  of  the  supreme  court,  as 
shall,  by  arrangement  between  said  commission  and  said  court,  be 
transferred  to  such  commission ;  and  said  commission  shall  have  like 
jurisdiction  and  power  in  respect  to  such  business  as  are  or  may  be 
vested  in  said  court;  and  the  members  of  said  commission  shall 
receive  a  like  compensation  for  the  time  being  with  the  judges  of 
said  court.  A  majority  of  the  members  of  said  commission  shall  be 
necessary  to  form  a  quorum  or  pronounce  a  decision,  and  its  decision 
shall  be  certified,  entered,  and  enforced  as  the  judgments  of  the 
supreme  court,  and  at  the  expiration  of  the  term  of  said  commission, 
all  business  undisposed  of,  shall  by  it  be  certified  to  the  supreme 
court  and  disposed  of  as  if  said  commission  had  never  existed.  The 
clerk  and  reporter  of  said  court  shall  be  the  clerk  and  reporter  of 
said  commission,  and  the  commission  shall  have  such  other  attendants 
not  exceeding  in  number  those  provided  by  law  for  said  court,  wdiich 
attendants  said  commission  may  appoint  and  remove  at  its  pleasure. 
Any  vacancy  occurring  in  said  commission,  shall  be  filled  by  appoint- 
nient  of  the  governor,  with  the  advice  and  consent  of  the  senate,  if 
the  senate  be  in  session,  and  if  the  senate  be  not  in  session,  by  the 
governor,  but  in  such  last  case,  such  appointment  shall  expire  at  the 
end  of  the  next  session  of  the  General  Assembly.  The  General  As- 
sembly may,  on  application  of  the  supreme  court  duly  entered  on  the 
journal  of  the  court  and  certified,  provide  by  law,  whenever  two- 
thirds  of  such  [each]  house  shall  concur  therein,  from  time  to  time, 
for  the  appointment,  in  like  manner,  of  a  like  commission  w^ith  like 
powers,  jurisdiction  and  duties;  provided,  that  the  term  of  any  such 
commission  shall  not  exceed  two  years,  nor  shall  it  be  created  oftener 
than  once  in  ten  years.    [Amended  October  12,  1875.    See  Appendix.] 

Article  V 

ELECTIVE    FRANCHISE 

Section  1.  Every  white  male  citizen  of  the  United  States,  of  the 
age  of  twenty-one  years,  who  shall  have  been  a  resident  of  the  state 
one  year  next  preceding  the  election,  and  of  the  county,  tow^nship,  or 
ward,  in  which  he  resides,  such  time  as  may  be  provided  by  law, 
shall  have  the  qualifications  of  an  elector,  and  be  entitled  to  vote  at 
all  elections. 

Sec.  2.  All  elections  shall  be  by  ballot. 

Sec.  3.  Electors,  during  their  attendance  at  elections,  and  in  going 
to,  and  returning  therefrom,  shall  be  privileged  from  arrest,  in  all 
cases,  except  treason,  felony,  and  breach  of  the  peace. 

Sec.  4.  The  General  Assembly  shall  have  power  to  exclude  from 
the  privilege  of  voting,  or  of  being  eligible  to  office,  any  person  con- 
victed of  bribery,  perjury,  or  other  infamous  crime. 

Sec.  5.  No  person  in  the  military,  naval,  or  marine  service  of  the 
United  States,  shall,  by  being  stationed  in  any  garrison,  or  military, 
or  naval  station,  within  the  state,  be  considered  a  resident  of  this 
state. 

Sec' 6.  No  idiot,  or  insane  person,  shall  be  entitled  to  the  privileges 
of  an  elector. 


Ohio— 1851  2925 

Article  VI 

EDUCATION 

Section  1.  The  principal  of  all  funds,  arising  from  the  sale,  or 
other  disposition  of  lands,  or  other  property,  granted  or  entrusted 
to  this  state  for  educational  or  religious  purposes,  shall  forever  be 
preserved  inviolate,  and  undiminished ;  and,  the  income  arising  there- 
from, shall  be  faithfully  applied  to  the  specific  objects  of  the  original 
grants,  or  appropriations. 

Sec.  2.  The  General  Assembly  shall  make  such  provisions,  by  taxa- 
tion, or  otherwise,  as,  with  the  income  arising  from  the  school  trust 
fund,  will  secure  a  thorough  and  efficient  system  of  common  schools 
throughout  the  state ;  but  no  religious  or  other  sect,  or  sects,  shall  ever 
have  any  exclusive  right  to,  oj'  control  of,  any  part  of  the  school 
funds  of  this  state. 

Article  VII 

public  institutions 

Section  1.  Institutions  for  the  benefit  of  the  insane,  blind,  and 
deaf  and  dumb,  shall  always  be  fostered  and  supported  by  the  state ; 
and  be  subject  to  such  regulations  as  may  be  prescribed  by  the  General 
Assembly. 

Sec.  2.  The  directors  of  the  penitentiary  shall  be  appointed  or 
elected  in  such  manner  as  the  General  Assembly  may  direct ;  and  the 
trustees  of  the  benevolent,  and  other  state  institutions,  now  elected 
by  the  General  Assembly,  and  of  such  other  state  institutions,  as  may 
be  hereafter  created,  shall  be  appointed  by  the  governor,  by  and  with 
the  advice  and  consent  of  the  senate ;  and  upon  all  nominations  made 
by  the  governor,  the  question  shall  be  taken  by  yeas  and  nays,  and 
entered  upon  the  journals  of  the  senate. 

Sec.  3.  The  governor  shall  have  power  to  fill  all  vacancies  that 
may  occur  in  the  offices  aforesaid,  until  the  next  session  of  the  General 
Assembly,  and,  until  a  successor  to  his  appointee  shall  be  confirmed 
and  qualified. 

Article  VIII 

PUBLIC  debt  and  public  w^orks 

Section  1.  The  state  may  contract  debts  to  supply  casual  deficits 
or  failures  in  revenues,  or  to  meet  expenses  not  otherwise  provided 
for;  but  the  aggregate  amount  of  such  debts,  direct  or  contingent, 
whether  contracted  by  virtue  of  one  or  more  acts  of  the  General  As- 
sembly, or  at  different  periods  of  time,  shall  never  exceed  seven  hun- 
dred and  fifty  thousand  dollars;  and  the  money,  arising  from  the 
creation  of  such  debts,  shall  be  applied  to  the  purpose  for  which  it  was 
obtained,  or  to  repay  the  debts  so  contracted,  and  to  no  other  purpose 
whatever. 

Sec.  2.  In  addition  to  the  above  limited  power,  the  state  may  con- 
tract debts  to  repel  invasion,  suppress  insurrection,  defend  the  state 
in  war,  or  to  redeem  the  present  outstanding ,  indebtedness  of  the 
state;  but  the  money,  arising  from  the  contracting  of  such  debts, 
shall  be  applied  to  the  purpose  for  which  it  was  raised,  or  to  repay 


2926  Ohio— 1851 

such  debts,  and  to  no  other  purpose  whatever ;  and  all  debts,  incurred 
to  redeem  the  present  outstanding  indebtedness  of  the  state,  shall  be 
so  contracted  as  to  be  payable  by  the  sinking  fund,  hereinafter  pro- 
vided for,  as  the  same  shall  accumulate. 

Sec.  3.  Except  the  debts  above  specified  in  sections  one  and  two  of 
this  article,  no  debt  whatever  shall  hereafter  be  created  by  or  on 
behalf  of  i\iQ  state. 

Sec.  4.  The  credit  of  the  state  shall  not,  in  any  manner  be  given  or 
loaned  to,  or  in  aid  of,  any  individual  association  or  corporation 
whatever;  nor  shall  the  state  ever  hereafter  become  a  joint  owner,  or 
stockholder,  in  any  company  or  association  in  this  state,  or  elsewhere, 
formed  for  any  purpose  whatever. 

Sec.  5.  The  state  shall  never  assume  the  debts  of  any  county,  city, 
town,  or  township,  or  of  any  corporation  whatever,  unless  such  debt 
shall  have  been  created  to  repel  invasion,  suppress  insurrection,  or 
defend  the  state  in  war. 

Sec.  6.  The  General  Assembly  shall  never  authorize  any  county, 
city,  town,  or  township,  by  vote  of  its  citizens,  or  otherwise,  to  become 
a  stockholder  in  any  joint  stock  company,  corporation,  or  association 
whatever;  or  to  raise  money  for,  or  loan  its  credit  to,  or  in  aid  of, 
any  such  company,  corporation,  or  association. 

Sec.  7.  The  faith  of  the  state  being  pledged  for  the  payment  of  its 
public  debt,  in  order  to  provide  therefor,  there  shall  be  created  a 
sinking  fund,  which  shall  be  sufficient  to  pay  the  accruing  interest  on 
such  debt,  and,  annually,  to  reduce  the  principal  thereof,  by  a  sum  not 
less  than  one  hundred  thousand  dollars,  increased  yearly,  and  each  and 
every  year,  by  compounding,  at  the  rate  of  six  percent  per  annum. 
The  said  sinking  fund  shall  consist,  of  the  net  annual  income  of  the 
public  works  and  stocks  owned  by  the  state,  of  any  other  funds  or 
resources  that  are,  or  may  be,  provided  by  law,  and  of  such  further 
sum,  to  be  raised  by  taxation,  as  may  be  required  for  the  purposes 
aforesaid. 

Sec.  8.  The  auditor  of  state,  secretary  of  state,  and  attorney-gen- 
eral, are  hereby  created  a  board  of  commissioners,  to  be  styled,  "  The 
Commissioners  of  the  Sinking  Fund." 

Sec.  9.  The  commissioners  of  the  sinking  fund  shall,  immediately 
preceding  each  regular  session  of  the  General  Assembly,  make  an 
estimate  of  the  probable  amount  of  the  fund,  provided  for  in  the 
seventh  section  of  this  article,  from  all  sources  except  from  taxation, 
and  report  the  same,  together  with  all  their  proceedings  relative  to 
said  fund  and  the  public  debt,  to  the  governor,  who  shall  transmit 
the  same  with  his  regular  message,  to  the  General  Assembly;  and 
the  General  Assembly  shall  make  all  necessary  provision  for  raising 
and  disbursing  said  sinking  fund,  in  pursuance  of  the  provisions  of 
this  article. 

Sec.  10.  It  shall  be  the  duty  of  the  said  commissioners  faithfully 
to  apply  said  fund,  together  with  all  moneys  that  may  be,  by  the  Gen- 
eral Assembly,  appropriated  to  that  object,  to  the  payment  of  the 
interest,  as  it  becomes  due,  and  the  redemption  of  the  principal  of 
the  public  debt  of  the  state,  excepting  only,  the  school  and  trust  funds 
held  by  the  state. 

Sec.  11.  The  said  commissioners  shall,  semi-annually,  make  a  full 
and  detailed  report  of  their  proceedings  to  the  governor,  who  shall 
immediately,  cause  the  same  to  be  published,  and  shall  also  communi- 


Ohio— 1851  2927 

cate  the  same  to  the  General  Assembly,  forthwith,  if  it  be  in  session, 
and  if  not,  then  at  its  first  session  after  such  report  shall  be  made. 

Sec.  12.  So  long  as  this  state  shall  have  public  works  which  require 
superintendence,  there  shall  be  a  board  of  public  works,  to  consist  of 
three  members,  who  shall  be  elected  by  the  people,  at  the  first  general 
election  after  the  adoption  of  this  constitution,  one  for  the  term  of 
one  year,  one  for  the  term  of  two  years,  and  one  for  the  term  of  three 
years ;  and  one  member  of  said  board  shall  be  elected  annually  there- 
after, who  shall  hold  his  office  for  three  years. 

Sec.  13.  The  powers  and  duties  of  said  board  of  public  Avorks,  and 
its  several  members,  and  their  compensation,  shall  be  such  as  are  now, 
or  may  be,  prescribed  by  law. 

Article  IX 

MILITIA 

Section  1.  All  white  male  citizens,  residents  of  this  state,  being 
eighteen  years  of  age,  and  under  the  age  of  forty-five  years,  shall  be 
enrolled  in  the  militia,  and  perform  military  duty,  in  such  manner, 
not  incompatible  with  the  constitution  and  laws  of  the  United  States, 
as  may  be  prescribed  by  law. 

Sec.  2.  Majors  general,  brigadiers  general,  colonels,  lieutenant 
colonels,  majors,  captains,  and  subalterns,  shall  be  elected  by  the  per- 
sons subject  to  military  duty,  in  their  respective  districts. 

Sec.  3.  The  governor  shall  appoint  the  adjutant-general,  quarter- 
master-general, and  such  other  staff  officers,  as  may  be  provided  for 
by  law.  Majors  general,  brigadiers  general,  colonels,  or  command- 
ants of  regiments,  battalions,  or  squadrons,  shall,  severally,  appoint 
their  staff,  and  captains  shall  appoint  their  noncommissioned  officers 
and  musicians. 

Sec.  4.  The  governor  shall  commission  all  officers  of  the  line  and 
staff,  ranking  as  such;  and  shall  have  power  to  call  forth  the  militia, 
to  execute  the  laws  of  the  state,  to  suppress  insurrection,  and  repel 
invasion. 

Sec.  5.  The  General  Assembly  shall  provide,  by  law,  for  the  pro- 
tection and  safe-keeping  of  the  public  arms. 

Article  X 

COUNTY  AND  TOWNSHIP  ORGANIZATIONS 

Section  1.  The  General  Assembly  shall  provide,  by  law,  for  the 
election  of  such  county  and  township  officers  as  may  be  necessary. 

Sec.  2.  County  officers  shall  be  elected  on  the  first  Tuesday  after 
the  first  Monday  in  November,  by  the  electors  of  each  county  m  such 
manner,  and  for  such  term,  not  exceeding  three  years,  as  may  be  pro- 
vided by  law.     [Amended  October  13,  1885.    See  Appendix.] 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  sheriff,  or  county 
treasurer,  for  more  than  four  years,  in  any  period  of  six  years. 

Sec.  4.  Township  officers  shall  be  elected  by  the  electors  of  each 
township,  at  such  time,  in  such  manner,  and  for  such  term,  not 
exceeding  three  jears,  as  may  be  provided  b}^  law;  but  shall  hold 
their  offices  until  their  successors  are  elected  and  qualified.  [As 
amended  October  13,  1885.    See  Appendix.] 


2928  Ohio— 1851 

Sec.  5.  No  money  shall  be  drawn  from  any  county  or  township 
treasur'y,  except  by  authority  of  law. 

Sec*  6»  Justices  of  the  peace,  and  county  and  township  officers^  may 
be  removed,  in  such  manner  and  fof  such  cause,  as  shall  be  prescribed 
by  law* 

Sec.  7.  The  commissioners  of  counties,  the  trustees  of  townships, 
and  similar  boards,  shall  have  such  power  of  local  taxation,  for 
police  purposes,  as  may  be  prescribed  by  law. 

Article  XI 

APPORTIONMENT 

Section  1.  The  apportionment  of  this  state  for  members  of  the 
General  Assembly  shall  be  made  every  ten  years,  after  the  year  one 
thousand  eight  hundred  and  fifty-one,  in  the  following  manner :  The 
whole  population  of  the  state,  as  ascertained  by  the  federal  census, 
or  in  such  other  mode  as  the  General  Assembly  may  direct,  shall  be 
divided  by  the  number  "  one  hundred,"  and  the  quotient  shall  be  the 
ratio  of  representation  in  the  house  of  representatives,  for  ten  years 
next  succeeding  such  apportionment. 

Sec.  2.  Every  county  having  a  population  equal  to  one-half  of  said 
ratio,  shall  be  entitled  to  one  representative ;  every  county,  containing 
said  ratio,  and  three-fourths  over,  shall  be  entitled  to  two  representa- 
tives ;  every  county,  containing  three  times  said  ratio,  shall  be  entitled 
to  three  representatives;  and  so  on,  requiring  after  the  first  two,  an 
entire  ratio  for  each  additional  representative.  Provided,  however, 
that  each  county  shall  have  one  representative.  [As  amended  Novem- 
ber, 1903.] 

Sec.  3.  When  any  county  shall  have  a  fraction  above  the  ratio,  so 
large,  that  being  multiplied  by  five,  the  result  will  be  equal  to  one  or 
more  ratios,  additional  representatives  shall  be  apportioned  for  such 
ratios,  among  the  several  sessions  of  the  decennial  period,  in  the  fol- 
lowing manner :  If  there  be  only  one  ratio,  a  representative  shall  be 
allotted  to  the  fifth  session  of  the  decennial  period ;  if  there  are  two 
ratios,  a  representative  shall  be  allotted  to  the  fourth  and  third  ses- 
sions, respectively;  if  three,  to  the  third,  second,  and  first  sessions, 
respectively;  if  four,  to  the  fourth,  third,  second,  and  first  sessions, 
respectively. 

Sec.  4.  Any  county,  forming  with  another  county  or  counties,  a 
representative  district,  during  one  decennial  period,  if  it  have  ac- 
quired sufficient  population  at  the  next  decennial  period,  shall  be 
entitled  to  a  separate  representation,  if  there  shall  be  left,  in  the  dis- 
trict from  which  it  shall  have  been  separated,  a  population  sufficient 
for  a  representative ;  but  no  such  change  shall  be  made,  except  at  the 
regular  decennial  period  for  the  apportionment  of  representatives. 

Sec.  5.  If,  in  fixing  any  subsequent  ratio,  a  county,  previously  en- 
titled to  a  separate  representation,  shall  have  less,  than  the  number 
required  by  the  new  ratio  for  a  representative,  such  county  shall  be 
attached  to  the  county  adjoining  it,  having  the  least  number  of  inhab- 
itants; and  the  representation  of  the  district,  so  formed,  shall  be 
determined  as  herein  provided. 

Sec.  6.  The  ratio  for  a  senator  shall  forever,  hereafter,  be  ascer- 
tained by  dividing  the  whole  population  of  the  state  by  the  number 
thirty-five. 


Ohio— 1851  2929 

Sec.  7.  The  state  is  hereby  divided  into  thirty-three  senatorial  dis- 
tricts, as  follows:  The  county  of  Hamilton  shall  constitute  the  first 
senatorial  district;  the  counties  of  Butler  and  Warren,  the  second; 
Montgomery  and  Preble,  the  third ;  Clermont  and  Brown,  the  fourth ; 
Greene,  Clinton  and  Fayette,  the  fifth ;  Ross  and  Highland,  the  sixth ; 
Adams,  Pike,  Scioto  and  Jackson  the  seventh;  Lawrence,  Gallia, 
Meigs,  and  Vinton,  the  eighth;  Athens,  Hocking,  and  Fairfield,  the 
ninth;  Franklin  and  Pickaway,  the  tenth;  Clark,  Champaign,  and 
Madison,  the  eleventh;  Miami,  Darke,  and  Shelby,  the  twelfth; 
Logan,  Union,  Marion,  and  Hardin,  the  thirteenth ;  Washington  and 
Morgan,  the  fourteenth ;  Muskingum  and  Perry,  the  fifteenth ;  Dela- 
ware and  Licking,  the  sixteenth ;  Knox  and  Morrow,  the  seventeenth ; 
Coshocton  and  Tuscarawas,  the  eighteenth;  Guernsey  and  Monroe, 
the  nineteenth;  Belmont  and  Harrison,  the  tw^entieth;  Carroll  and 
Stark,  the  twenty-first;  Jefferson  and  Columbiana,  the  twenty-sec- 
ond; Trumbull  and  Mahoning,  the  twenty-third;  Ashtabula,  Lake, 
and  Geauga,  the  twenty-fourth ;  Cuyahoga,  the  twenty-fifth ;  Portage 
and  Summit,  the  twenty-sixth;  Medina  and  Lorain,  the  twenty-sev- 
enth ;  Wayne  and  Holmes,  the  twenty-eighth ;  Ashland  and  Rich- 
land, the  twenty-ninth;  Huron,  Erie,  Sandusky,  and  Ottawa,  the 
thirtieth;  Seneca,  Crawford,  and  Wyandot,  the  thirty-first;  Mercer, 
Auglaize,  Allen,  Van  Wert,  Paulding,  Defiance,  and  Williams,  the 
thirty-second;  and  Hancock,  Wood,  Lucas,  Fulton,  Henry,  and  Put- 
nam, the  thirty-third :  For  the  first  decennial  period,  after  the  adop- 
tion of  this  constitution,  each  of  said  districts  shall  be  entitled  to  one 
senator,  except  the  first  district,  which  shall  be  entitled  to  three 
senators. 

Sec.  8.  The  same  rule  shall  be  applied,  in  apportioning  the  frac- 
tions of  senatorial  districts,  and  in  annexing  districts,  which  may 
hereafter  have  less  than  three-fourths  of  a  senatorial  ratio,  as  are 
applied  to  representative  districts. 

Sec.  9.  Any  county  forming  part  of  a  senatorial  district,  having 
acquired  a  population  equal  to  a  full  senatorial  ratio,  shall  be  made  a 
separate  senatorial  district,  at  any  regular  decennial  apportionment, 
if  a  full  senatorial  ratio  shall  be  left  in  the  district  from  which  it 
shall  be  taken. 

Sec.  10.  For  the  first  ten  years,  after  the  year  one  thousand  eight 
hundred  and  fifty-one,  the  apportionment  of  representatives  shall  be 
as  provided  in  the  schedule,  and  no  change  shall  ever  be  made  in  the 
principles  of  representation,  as  herein  established,  or,  in  the  sena- 
torial districts,  except  as  above  provided.  All  territory,  belonging 
to  a  county  at  the  time  of  any  apportionment,  shall,  as  to  the  right  of 
representation  and  suffrage,  remain  an  intergral  part  thereof,  during 
the  decennial  period. 

Sec.  11.  The  governor,  auditor,  and  secretary  of  state,  or  any  two 
of  them,  shall,  at  least  six  months  prior  to  the  October  election,  in 
the  year  one  thousand  eight  hundred  and  sixty-one,  and,  at  each 
decennial  period  thereafter,  ascertain  and  determine  the  ratio  of 
representation,  according  to  the  decennial  census,  the  number  of  rep- 
resentatives and  senators  each  county  or  dictrict  shall  be  entitled  to 
elect,  and  for  what  years,  within  the  next  ensuing  ten  years,  and  the 
governor  shall  cause  the  same  to  be  published,  in  such  manner  as  shall 
be  directed  by  law. 


2930  Ohio— 1851 

JUDICIAL    APPORTIONMENT 

Sec.  12.  For  judicial  purposes,  the  state  shall  be  apportioned  as 
follows : 

The  county  of  Hamilton,  shall  constitute  the  first  district,  which 
shall  not  be  subdivided;  and  the  judges  therein,  may  hold  separate 
courts  or  separate  sittings  of  the  same  court,  at  the  same  time. 

The  counties  of  Butler,  Preble,  and  Darke,  shall  constitute  the  first 
subdivision;  Montgomery,  Miami,  and  Champaign,  the  second;  and 
Warren,  Clinton,  Greene,  and  Clark,  the  third  subdivision,  of  the 
second  district;  and,  together,  shall  form  such  district. 

The  counties  of  Shelby,  Auglaize,  Allen,  Hardin,  Logan,  Union, 
and  Marion,  shall  constitute  the  first  subdivision;  Mercer,  Van  Wert, 
Putnam,  Paulding,  Defiance,  Williams,  Henry,  and  P^ulton,  the 
second;  and  Wood,  Seneca,  Hancock,  Wyandot,  and  Crawford,  the 
third  subdivision,  of  the  third  district ;  and  together,  shall  form  such 
district. 

The  counties  of  Lucas,  Ottawa,  Sandusky,  Erie,  and  Huron,  shall 
constitute  the  first  subdivision;  Lorain,  Medina,  and  Summit,  the 
second;  and  the  county  of  Cuyahoga,  the  third  subdivision,  of  the 
fourth  district;  and,  together,  shall  form  such  district. 

The  counties  of  Clermont,  Brow^n,  and  Adams,  shall  constitute  the 
first  subdivision;  Highland,  Ross,  and  Fayette,  the  second;  and 
Pickaway,  Franklin,  and  Madison,  the  third  subdivision,  of  the  fifth 
district;  and,  together,  shall  form  such  district. 

The  counties  of  Licking,  Knox,  and  Delaware,  shall  constitute  the 
first  subdivision;  Morrow,  Richland,  and  Ashland,  the  second;  and 
Wayne,  Holmes,  and  Coshocton,  the  third  subdivision,  of  the  sixth 
district;  and,  together,  shall  form  such  district. 

The  counties  of  Fairfield,  Perry,  and  Hocking,  shall  constitute 
the  first  subdivision;  Jackson,  Vinton,  Pike,  Scioto,  and  Lawrence, 
the  second;  and  Gallia,  Meigs,  Athens,  and  Washington,  the  third 
subdivision,  of  the  seventh  district;  and,  together,  shall  form  such 
district. 

The  Counties  of  Muskingum  and  Morgan,  shall  constitute  the 
first  subdivision;  Guernsey,  Belmont,  and  Monroe,  the  second;  and 
Jefferson,  Harrison,  and  Tuscarawas,  the  third  subdivision,  of  the 
eighth  district;  and,  together,  shall  form  such  district. 

The  counties  of  Stark,  Carroll,  and  Columbiana,  shall  constitute 
the  first  subdivision ;  Trumbull,  Portage,  and  Mahoning,  the  second ; 
and  Geauga,  Lake,  and  Ashtabula,  the  third  subdivision,  of  the  ninth 
district;  and,  together,  shall  form  such  district. 

Sec.  13.  The  General  Assembly  shall  attach  any  new  counties,  that 
may  hereafter  be  erected,  to  such  districts,  or  subdivisions  thereof, 
as  shall  be  most  convenient. 

Article  XII 

FINANCE    AND    TAXATION 

Section  1.  The  levying  of  taxes,  by  the  poll,  is  grievous  and  op- 
pressive ;  therefore,  the  General  Assembly  shall  never  levy  a  poll  tax, 
for  county  or  state  purposes. 

Sec.  2.  Laws  shall  be  passed,  taxing  by  a  uniform  rule,  all  moneys, 
credits,  investments  in  bonds,  stocks,  joint  stock  companies,  or  other- 


Ohio— 1851  2931 

wise;  and  also  all  real  and  personal  property  according  to  its  true 
value  in  money,  excepting  bonds  of  the  state  of  Ohio,  bonds  of  any 
city,  village,  hamlet,  county,  or  township  in  this  state,  and  bonds 
issued  in  behalf  of  the  public  schools  of  Ohio  and  the  means  of 
instruction  in  connection  therewith,  which  bonds  shall  be  exempt 
from  taxation;  but  burying  grounds,  public  schoolhouses,  houses 
used  exclusively  for  public  worship,  institutions  of  purely  public 
charity,  public  property  used  exclusively  for  any  public  purpose, 
and  personal  property,  to  an  amount  not  exceeding  in  value  two  hun- 
dred dollars,  for  each  individual,  may,  by  general  laws,  be  exempted 
from  taxation;  but  all  such  laws  shall  be  subject  to  alteration  or 
repeal;  and  the  value  of  all  property,  so  exempted,  shall,  from  time 
to  time,  be  ascertained  and  published  as  may  be  directed  by  law.  [As 
amended  November,  1905.] 

Sec.  3.  The  General  Assembly  shall  provide,  by  law,  for  taxing 
the  notes  and  bills  discounted  or  purchased,  moneys  loaned,  and  all 
other  property,  effects,  or  dues,  of  every  description,  (without  deduc- 
tion), of  all  banks,  now  existing,  or  hereafter  created,  and  of  all 
bankers,  so  that  all  property  employed  in  banking,  shall  always  bear 
a  burden  of  taxation,  equal  to  that  imposed  on  the  property  of 
individuals. 

Sec.  4.  The  General  Assembly  shall  provide  for  raising  revenue, 
sufficient  to  defray  the  expenses  of  the  state,  for  each  year,  and  also 
a  sufficient  sum  to  pay  the  interest  on  the  state  debt. 

Sec.  5.  No  tax  shall  be  levied,  except  in  pursuance  of  law;  and 
every  law  imposing  a  tax,  shall  state,  distinctly,  the  object  of  the 
same,  to  which  only,  it  shall  be  applied. 

Sec.  6.  The  state  shall  never  contract  any  debt  for  purposes  of 
internal  improvement. 

Article  XIII 

CORPORA.TIONS 

Section  1.  The  General  Assembly  shall  pass  no  special  act  con- 
ferring corporate  powers. 

Sec.  2.  Corporations  may  be  formed  under  general  laws;  but  all 
such  laws  may,  from  time  to  time,  be  altered  or  repealed. 

Sec.  3.  Dues  from  private  corporations  shall  be  secured  by  such 
means  as  may  be  prescribed  by  law,  but  in  no  case  shall  any  stock- 
holder be  individually  liable  otherwise  than  for  the  unpaid  stock 
owned  by  him  or  her.     [As  amended  November,  1903.] 

Sec.  4.  The  property  of  corporations,  now  existing  or  hereafter 
created,  shall  forever  be  subject  to  taxation,  the  same  as  the  property 
of  individuals. 

Sec.  5.  No  right  of  way  shall  be  appropriated  to  the  use  of  any 
corporation,  until  full  compensation  therefor  be  first  made  in  money, 
or  first  secured  by  a  deposit  of  money,  to  the  owner,  irrespective 
of  any  benefit  from  any  improvement  proposed  by  such  corpora- 
tion; which  compensation  shall  be  ascertained  by  a  jury  of  twelve 
men,  in  a  court  of  record,  as  shall  be  prescribed  by  law. 

Sec.  6.  The  General  Assembly  shall  provide  for  the  organization 
of  cities,  and  incorporated  villages,  by  general  laws,  and  restrict 
their  power  of  taxation,  assessment,  borrowing  money,  contracting 
debts  and  loaning  their  credit,  so  as  to  prevent  the  abuse  of  such 
power. 

7254— VOL  5—09 26 


2932  Ohw—1851 

Sec.  7.  No  act  of  the  General  Assembly,  authorizing  associations 
with  banking  powers,  shall  take  effect  until  it  shall  be  submitted 
to  the  people,  at  the  general  election  next  succeeding  the  passage 
thereof,  and  be  approved  by  a  majority  of  all  the  electors,  voting  at 
such  election. 

Article  XIV 

JURISPRUDENCE 

Section  1.  The  General  Assembly,  at  its  first  session  after  the 
adoption  of  this  constitution,  shall  provide  for  the  appointment 
of  three  commissioners,  and  prescribe  their  tenure  of  office,  compen- 
sation, and  the  mode  of  filling  vacancies  in  said  commission. 

Sec.  2.  The  said  commissioners  shall  revise,  reform,  simplify,  and 
abridge  the  practice,  pleadings,  forms,  and  proceedings  of  the  courts 
of  record  of  this  state ;  and,  as  far  as  practicable  and  expedient,  shall 
provide  for  the  abolition  of  the  distinct  forms  of  action  at  law,  now 
in  use,  and  for  the  administration  of  justice  by  a  uniform  mode  of 
proceeding,  without  reference  to  any  distinction  between  law  and 
equity. 

Sec.  3.  The  proceedings  of  the  commissioners  shall,  from  time  to 
time,  be  reported  to  the  General  Assembly,  and  be  subject  to  the 
action  of  that  body. 

Article  XV 
miscellaneous 

Section  1.  Columbus  shall  be  the  seat  of  government,  until  other- 
wise directed  by  law. 

Sec.  2.  The  printing  of  the  laws,  journals,  bills,  legislative  docu- 
ments and  papers  for  each  branch  of  the  General  Assembly,  with  the 
printing  required  for  the  executive  and  other  departments  of  state, 
shall  be  let,  on  contract,  to  the  lowest  responsible  bidder,  by  such 
executive  officers,  and  in  such  manner,  as  shall  be  prescribed  by  law. 

Sec.  3.  An  accurate  and  detailed  statement  of  the  receipts  and 
expenditures  of  the  public  money,  the  several  amounts  paid,  to  whom, 
and  on  what  account,  shall,  from  time  to  time,  be  published,  as  shall 
be  prescribed  by  law\ 

Sec.  4.  No  person  shall  be  elected  or  appointed  to  any  office  in  this 
state,  unless  he  possesses  the  qualification  of  an  elector. 

Sec.  5.  No  person  who  shall  hereafter  fight  a  duel,  assist  in  the 
same  as  second,  or  send,  accept,  or  knowingly  carry,  a  challenge  there- 
for, shall  hold  any  office  in  this  state. 

Sec.  6.  Lotteries,  and  the  sale  of  lottery  tickets,  for  any  purpose 
whatever,  shall  forever  be  prohibited  in  this  state. 

Sec.  7.  Every  person  chosen  or  appointed  to  any  office  under  this 
state,  before  entering  upon  the  discharge  of  its  duties,  shall  take  an 
oath  or  affirmation,  to  support  the  Constitution  of  the  United  States, 
and  of  this  state,  and  also  an  oath  of  office. 

Sec.  8.  There  may  be  established,  in  the  secj-etary  of  state's  office, 
a  bureau  of  statistics,  under  such  regulations  as  may  be  prescribed  by 
law. 

Sec.  9.  No  license  to  traffic  in  intoxicating  liquors  shall  hereafter 
be  granted  in  this  state ;  but  the  General  Assembly  may,  by  law,  pro- 
vide against  evils  resulting  therefrom. 


Ohio— 1851  2933 

Article  XVI 

AMENDMENTS 

Section  1.  Either  branch  of  the  General  Assembly  may  propose 
amendments  to  this  constitution;  and,  if  the  same  shall  be  agreed  to 
by  three-fifths  of  the  members  elected  to  each  house,  such  proposed 
amendments  shall  be  entered  on  the  journals,  with  the  yeas  and  nays, 
and  shall  be  published  in  at  least  one  newspaper  in  each  county  of 
the  state,  where  a  newspaper  is  published,  for  six  months  preceding 
the  next  election  for  senators  and  representatives,  at  which  time  the 
same  shall  be  submitted  to  the  electors,  for  their  approval  or  rejec- 
tion; and  if  a  majority  of  the  electors,  voting  at  such  election,  shall 
adopt  such  amendments,  the  same  shall  become  a  part  of  the  constitu- 
tion. When  more  than  one  amendment  shall  be  submitted  at  the 
same  time,  they  shall  be  so  submitted  as  to  enable  the  electors  to  vote 
on  each  amendment,  separately. 

Sec.  2.  Whenever  two-thirds  of  the  members  elected  to  each  branch 
of  the  General  Assembly,  shall  think  it  necessary  to  call  a  convention, 
to  revise,  amend,  or  change  this  constitution,  they  shall  recommend  to 
the  electors  to  vote,  at  the  next  election  for  members  to  the  General 
assembly,  for  or  against  a  convention;  and  if  a  majority  of  all  the 
electors,  voting  at  said  election,  shall  have  voted  for  a  convention,  the 
General  Assembly  shall,  at  their  next  session,  provide,  by  law,  for 
calling  the  same.  The  convention  shall  consist  of  as  many  members 
as  the  House  of  Representatives,  who  shall  be  chosen  in  the  same 
manner,  and  shall  meet  within  three  months  after  their  election,  for 
the  purpose,  aforesaid. 

Sec.  3.  At  the  general  election,  to  be  held  in  the  year  one  thousand 
eight  hundred  and  seventy-one,  and  in  each  twentieth  year  thereafter, 
the  question :  "  Shall  there  be  a  convention  to  revise,  alter,  or  amend 
the  constitution,"  shall  be  submitted  to  the  electors  of  the  state ;  and, 
in  case  a  majority  of  all  the  electors,  voting  at  such  election,  shall 
decide  in  favor  of  a  convention,  the  General  Assembly,  at  its  next 
session,  shall  provide,  by  law,  for  the  election  of  delegates,  and  the 
assembling  of  such  convention,  as  is  provided  in  the  preceding  sec- 
tion; but  no  amendment  of  this  constitution,  agreed  upon  by  any 
convention  assembled  in  pursuance  of  this  article,  shall  take  effect, 
until  the  same  shall  have  been  submitted  to  the  electors  of  the  state, 
and  adopted  by  a  majority  of  those  voting  thereon. 

schedule 

Section  1.  All  laws  of  this  state,  in  force  on  the  first  day  of  Sep- 
tember, one  thousand  eight  hundred  and  fifty-one,  not  inconsistent 
with  this  constitution,  shall  continue  in  force,  until  amended,  or 
repealed. 

Sec.  2.  The  first  election  for  members  of  the  General  Assembly, 
under  this  constitution,  shall  be  held  on  the  second  Tuesday  of  Octo- 
ber, one  thousand  eight  hundred  and  fifty-one. 

Sec  3.  The  first  election  for  governor,  lieutenant-governor,  au- 
ditor, treasurer,  and  secretary  of  state  and  attorney-general,  shall  be 
held  on  the  second  Tuesday  of  October,  one  thousand  eight  hundred 
and  fifty-one.    The  persons,  holding  said  offices  on  the  first  day  of 


2934  Ohio— 1851 

September,  one  thousand  eight  hundred  and  fifty-one,  shall  continue 
therein,  until  the  second  Monday  of  January,  one  thousand  eight 
hundred  and  fifty-two. 

Sec.  4.  The  first  election  for  judges  of  the  supreme  court,  courts  of 
common  pleas,  and  probate  courts,  and  clerks  of  the  courts  of  com- 
mon pleas,  shall  be  held  on  the  second  Tuesday  of  October,  one  thou- 
sand eight  hundred  and  fifty-one,  and  the  official  term  of  said  judges 
and  clerks,  so  elected,  shall  commence  on  the  second  Monday  of  Feb- 
ruary, one  thousand  eight  hundred  and  fifty-two.  Judges  and  clerks 
of  the  courts  of  common  pleas  and  supreme  court,  in  office  on  the  first 
day  of  September,  one  thousand  eight  hundred  and  fifty-one,  shall 
continue  in  office  with  their  present  powers  and  duties,  until  the 
second  Monday  of  February,  one  thousand  eight  hundred  and  fifty- 
two.  No  suit  or  proceeding,  pending  in  any  of  the  courts  of  this  state, 
shall  be  affected  by  the  adoption  of  this  constitution. 

Sec.  5.  The  register  and  receiver  of  the  land  office,  directors  of  the 
penitentiary,  directors  of  the  benevolent  institutions  of  the  state,  the 
state  librarian,  and  all  other  officers,  not  otherwise  provided  for  in 
this  constitution,  in  office  on  the  first  day  of  September,  one  thousand 
eight  hundred  and  fifty-one,  shall  continue  in  office,  until  their  terms 
expire,  respectively,  unless  the  General  Assembly  shall  otherwise 
provide. 

Sec.  6.  The  superior  and  commercial  courts  of  Cincinnati,  and  the 
superior  court  of  Cleveland,  shall  remain,  until  otherwise  provided  by 
law,  with  their  present  powers  and  jurisdiction;  and  the  judges  and 
clerks  of  said  courts,  in  office  on  the  first  day  of  September,  one  thou- 
sand eight  hundred  and  fifty-one,  shall  continue  in  office,  until  the 
expiration  of  their  terms  of  office,  respectively,  or,  until  otherwise 
provided  by  law ;  but  neither  of  said  courts  shall  continue  after  the 
second  Monday  of  February,  one  thousand  eight  hundred  and  fifty- 
three;  and  no  suits  shall  be  commenced  in  said  two  first  mentioned 
courts,  after  the  second  Monday  in  February,  one  thousand  eight  hun- 
dred and  fifty-two,  nor  in  said  last  mentioned  court,  after  the  second 
Monday  in  August,  one  thousand  eight  hundred  and  fifty-two;  and 
all  business  in  either  of  said  courts,  not  disposed  of  within  the  time 
limited  for  their  continuance  as  aforesaid,  shall  be  transferred  to  the 
court  of  common  pleas. 

Sec.  T.  All  county  and  township  officers  and  justices  of  the  peace, 
in  office  on  the  first  day  of  September,  one  thousand  eight  hundred 
and  fifty-one,  shall  continue  in  office  until  their  terms  expire,  respec- 
tively. 

Sec.  8.  Vacancies  in  office,  occurring  after  the  first  day  of  Septem- 
ber, one  thousand  eight  hundred  and  fifty-one,  shall  be  filled,  as  is 
now  prescribed  by  law,  and  until  officers  are  elected  or  appointed,  and 
qualified,  under  this  constitution. 

Sec.  9.  This  constitution  shall  take  effect,  on  the  first  day  of  Sep- 
tember, one  thousand  eight  hundred  and  fifty-one. 

Sec.  10.  All  officers  shall  continue  in  office,  ^intil  their  successors 
shall  be  chosen  and  qualified. 

Sec.  11.  Suits  pending  in  the  supreme  court  in  bank,  shall  be  trans- 
ferred to  the  supreme  court  provided  for  in  this  constitution,  and  be 
proceeded  in  according  to  law. 

Sec.  12.  The  district  courts  shall,  in  their  respective  counties,  be  the 
successors  of  the  present  supreme  court ;  and  all  suits,  prosecutions, 


Ohio— 1851  2935 

judgments,  records,  and  proceedings,  pending  and  remaining  in  said 
supreme  court,  in  the  several  counties  of  any  district,  shall  be  trans- 
ferred to  the  respective  district  courts  of  such  counties,  and  be  pro- 
ceeded in,  as  though  no  change  had  been  made  in  said  supreme  court. 

Sec.  13.  The  said  courts  of  common  pleas,  shall  be  the  successors  of 
the  present  courts  of  common  pleas  in  the  several  counties,  except  as 
to  probate  jurisdiction;  and  all  suits,  prosecutions,  proceedings,  rec- 
ords and  judgments,  pending  or  being  in  said  last  mentioned  courts, 
except  as  aforesaid,  shall  be  transferred  to  the  courts  of  common  pleas 
created  by  this  constitution,  and  proceeded  in,  as  though  the  same  had 
been  therein  instituted. 

Sec.  14.  The  probate  courts  provided  for  in  this  constitution,  as 
to  all  matters  within  the  jurisdiction  conferred  upon  said  courts, 
shall  be  the  successors,  in  the  several  counties,  of  the  present  courts 
of  common  pleas;  and  the  records,  files  and  papers,  business  and 
proceedings,  appertaining  to  said  jurisdiction,  shall  be  transferred  to 
said  courts  of  probate,  and  be  there  proceeded  in,  according  to  law. 

Sec.  15.  Until  otherwise  provided  by  law,  elections  for  judges  and 
clerks  shall  be  held,  and  the  poll-books  returned,  as  is  provided  for 
governor,  and  the  abstract  therefrom,  certified  to  the  secretary  of 
state,  shall  be  by  him  opened,  in  the  presence  of  the  governor,  who 
shall  declare  the  result,  and  issue  commissions  to  the  persons  elected. 

Sec.  16.  Where  two  or  more  counties  are  joined  in  a  senatorial  rep- 
resentative, or  judicial  district,  the  returns  of  elections  shall  be  sent 
to  the  county,  having  the  largest  population. 

Sec.  17.  The  foregoing  constitution  shall  be  submitted  to  the 
electors  of  the  state,  at  an  election  to  be  held  on  the  third  Tuesday 
of  June,  one  thousand  eight  hundred  and  fifty-one,  in  the  several 
election  districts  of  this  state.  The  ballots  at  such  election  shall  be 
written  or  printed  as  follows:  Those  in  favor  of  the  constitution, 
"  New  constitution.  Yes ;  "  those  against  the  constitution,  "  New  con- 
stitution, No."  The  polls  at  said  election  shall  be  opened  between 
the  hours  of  eight  and  ten  o'clock  a.  m.,  and  closed  at  six  o'clock 
p.  M.;  and  the  said  election  shall  be  conducted,  and  the  returns 
thereof  made  and  certified,  to  the  secretary  of  state,  as  provided  by 
law  for  annual  elections  of  state  and  county  officers.  Within  twenty 
days  after  such  election,  the  secretary  of  state  shall  open  the  returns 
thereof,  in  the  "presence  of  the  governor;  and,  if  it  shall  appear  that 
a  majority  of  all  the  votes,  cast  at  such  election,  are  in  favor  of  the 
constitution,  the  governor  shall  issue  his  proclamation,  stating  that 
fact,  and  said  constitution  shall  be  the  constitution  of  the  state  of 
Ohio,  and  not  otherwise. 

Sec.  18.  At  the  time  when  the  votes  of  the  electors  shall  be  taken 
for  the  adoption  or  rejection  of  this  constitution,  the  additional  sec- 
tion, in  the  words  following,  to- wit :  "  No  license  to  traffic  in  intoxi- 
cating liquors  shall  hereafter  be  granted  in  this  state;  but  the  Gen- 
eral Assembly  may,  by  law,  provide  against  evils  resulting  there- 
from," shall  be  separately  submitted  to  the  electors  for  adoption  or 
rejection,  in  form  following,  to-wit:  A  separate  ballot  may  be  given 
by  every  elector  and  deposited  in  a  separate  box.  Upon  the  ballots 
given  for  said  separate  amendment  shall  be  written  or  printed,  or 
partly  written  and  partly  printed,  the  words :  "  License  to  sell  intoxi- 
cating liquors.  Yes;  and  upon  the  ballots  given  against  such  amend- 
ment, in  like  manner,  the  words :  "  License  to  sell  intoxicating  liquors. 


2936  Ohio— 1851 

No."  If,  at  the  said  election,  a  majority  of  all  the  votes  given  for 
and  against  said  amendment,  shall  contain  the  words :  "  License  to 
sell  intoxicating  liquors,  No,"  then  the  said  amendment  shall  be  a 
separate  section  of  article  fifteen  of  the  constitution. 

Sec.  19.  The  apportionment  of  the  house  of  representatives  during 
the  first  decennial  period  under  this  constitution,  shall  be  as  follows : 

The  counties  of  Adams,  Allen,  Athens,  Auglaize,  Carroll,  Cham- 
paign, Clark,  Clinton,  Crawford,  Darke,  Delaware,  Erie,  Fayette, 
Gallia,  Geauga,  Greene,  Hancock,  Harrison,  Hocking,  Holmes,  Lake, 
Lawrence,  Logan,  Madison,  Marion,  Meigs,  Morrow,  Perry,  Pick- 
away, Pike,  Preble,  Sandusky,  Scioto,  Shelby,  and  Union,  shall, 
severally,  be  entitled  to  one  representative,  in  each  session  of  the 
decennial  period. 

The  counties  of  Franklin,  Licking,  Montgomery,  and  Stark  shall 
each  be  entitled  to  two  representatives,  in  each  session  of  the  decen- 
nial period. 

The  counties  of  Ashland,  Coshocton,  Highland,  Huron,  Lorain, 
Mahoning,  Medina,  Miami,  Portage,  Seneca,  Summit,  and  Warren, 
shall,  severally,  be  entitled  to  one  representative,  in  each  session; 
and  one  additional  representative  in  the  fifth  session  of  the  decennial 
period. 

The  counties  of  Ashtabula,  Brown,  Butler,  Clermont,  Fairfield, 
Guernsey,  Jefferson,  Knox,  Monroe,  Morgan,  Richland,  Trumbull, 
Tuscarawas,  and  Washington,  shall,  severally,  be  entitled  to  one  rep- 
resentative, in  each  session;  and  two  additional  representatives,  one 
in  the  third,  and  one  in  the  fourth  session  of  the  decennial  period. 

The  counties  of  Belmont,  Columbiana,  Ross  and  Wayne,  shall, 
severally,  be  entitled  to  one  representative,  in  each  session ;  and  three 
additional  representatives,  one  in  the  first,  one  in  the  second,  and 
one  in  the  third  session  of  the  decennial  period. 

The  county  of  Muskingum  shall  be  entitled  to  two  representatives, 
in  each  session ;  and  one  additional  representative,  in  the  fifth  session, 
of  the  decennial  period. 

The  county  of  Cuyahoga  shall  be  entitled  to  two  representatives, 
in  each  session ;  and  two  additional  representatives,  one  in  the  third, 
and  one  in  the  fourth  session  of  the  decennial  period. 

The  county  of  Hamilton  shall  be  entitled  to  seven  representatives, 
in  each  session ;  and  four  additional  representatives.  One  in  the  first, 
one  in  the  second,  one  in  the  third,  and  one  in  the  fourth  session,  of 
the  decennial  period. 

The  following  counties,  until  they  shall  have  acquired  a  sufficient 
population  to  entitle  them  to  elect,  separately,  under  the  fourth  sec- 
tion of  the  eleventh  article,  shall  form  districts  in  manner  following, 
to-wit:  The  counties  of  Jackson  and  Vinton,  one  district;  the  coun- 
ties of  Lucas  and  Fulton,  one  district ;  the  counties  of  Wyandot  and 
Hardin,  one  district;  the  counties  of  Mercer  and  Van  Wert,  one  dis- 
trict ;  the  counties  of  Paulding,  Defiance,  and  Williams,  one  district ; 
the  counties  of  Putnam  and  Henry,  one  district;  and  the  counties  of 
Wood  and  Ottawa,  one  district ;  each  of  which  districts  shall  be  enti- 
tled to  one  representative  in  every  session  of  the  decennial  period. 

Done  in  convention,  at  Cincinnati,  the  tenth  day  of  March,  in  the 
year  of  our  Lord,  one  thousand  eight  hundred  and  fifty-one,  and  of 
the  independence  of  the  United  States,  the  seventy-fifth. 


Ohio— 1851  2937 

Article  XVII 

Section  1.  Elections  for  state  and  county  officers  shall  be  held  on 
the  first  Tuesday  after  the  first  Monday  in  November  in  the  even 
numbered  years;  and  all  elections  for  all' other  elective  officers  shall  be 
held  on  the  first  Tuesday  after  the  first  Monday  in  November  in  the 
odd  numbered  years. 

Sec.  2.  The  term  of  office  of  the  governor,  lieutenant  governor, 
attorney-general,  secretary  of  state  and  treasurer  of  state  shall  be  two 
years,  and  that  of  the  auditor  of  state  shall  be  four  years.  The  term 
of  office  of  the  judges  of  the  supreme  court  and  circuit  courts  shall  be 
such  even  number  of  years  not  less  than  six  (6)  years  as  may  be  pre- 
scribed by  the  general  assembly:  that  of  the  judges  of  the  common 
pleas  court  six  (6)  years  and  of  the  judges  of  the  probate  court,  four 
(4)  years,  and  that  of  other  judges  shall  be  such  even  number  of 
years  not  exceeding  six  (6)  years  as  may  be  prescribed  by  the  general 
assembly.  The  term  of  office  of  justices  of  the  peace  shall  be  such 
even  number  of  years  not  exceeding  four  (4)  years,  as  may  be  pre- 
scribed by  the  general  assembly.  The  term  of  office  of  the  members 
of  the  board  of  public  works  shall  be  such  even  number  of  years  not 
exceeding  six  (6)  years  as  may  be  so  prescribed ;  and  the  term  of  office 
of  all  elective  county,  township,  municipal  and  school  officers  shall  be 
such  even  number  of  years  not  exceeding  four  (4)  years  as  may  be  so 
prescribed. 

And  the  General  Assembly  shall  have  power  to  so  extend  existing 
terms  of  office  as  to  effect  the  purpose  of  Section  1  of  this  article. 

Any  vacancy  which  may  occur  in  any  elective  state  office  other  than 
that  of  a  member  of  the  General  Assembly  or  of  governor,  shall  be 
filled  by  appointment  by  the  governor  until  the  disability  is  removed, 
or  a  successor  elected  and  qualified.  Every  such  vacancy  shall  be 
filled  by  election  at  the  first  general  election  for  the  office  which  is 
vacant,  that  occurs  more  than  thirty  (30)  days  after  the  vacancy 
shall  have  occurred.  The  person  elected  shall  fill  the  office  for  the 
unexpired  term.  All  vacancies  in  other  elective  offices  shall  be  filled 
for  the  unexpired  term  in  such  manner  as  may  be  prescribed  by  law. 

William  Medill,  President. 

Attest : 

Wm.  H.  Gill,  Secretary, 


OKLAHOMA 


For  organic  acts  relating  to  the  land  now  included  within  Ol^lahoma  see  in 
this  worli : 

Treaty  Ceding  Louisiana,  1S03  (Louisiana,  p.  1359). 
District  of  Louisiana,  1804  (Louisiana,  p.  1364). 
Territory  of  Louisiana,  1805  (Louisiana,  p.  1373). 
Territory  of  Missouri,  1812  (Missouri,  p.  2139). 
Territory  of  Arl^ansas,  1819   (Arliansas,  p.  261). 

Treaty  Ceding  Florida  and  Fixing  Boundaries,  1819  (Florida,  p.  649). 
Act  for  Government  of  Indian  Country,  1834  (Indian  Territory,  p.  1097). 
Organic  Acts  of  Mexico  and  Texas,  1824-1845  (Texas,  pp.  3475-3569). 
Act  Establishing  Territory  of  New  Mexico   and  Fixing  Boundaries  of 
Texas,  1850   (New  Mexico,  p.  2615). 


TERRITORIAL  GOVERNMENT  OF  OKLAHOMA— 1890  « 

[Fifty-first  Congress,  First  Session] 

An  Act  to  provide  a  temporary  government  for  the  Territory  of  Oklahoma,  to 
enlarge  the  jurisdiction  of  the  United  States  Court  in  the  Indian  Territory, 
and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  Sec.  1.  That  all 
that  portion  of  the  United  States  now  known  as  the  Indian  Territory, 
except  so  much  of  the  same  as  is  actually  occupied  by  the  five  civil- 
ized tribes,  and  the  Indian  tribes  within  the  Quapaw  Indian  Agency, 
and  except  the  unoccupied  part  of  the  Cherokee  outlet,  together  with 
that  portion  of  the  United  States  known  as  the  Public  Land  Strip, 
is  hereby  erected  into  a  temporary  government  by  the  name  of  the 
Territory  of  Oklahoma.  The  portion  of  the  Indian  Territory  in- 
cluded in  said  Territory  of  Oklahoma  is  bounded  by  a  line  drawn  as 
follows:  Commencing  at  a  point  where  the  ninety-eighth  meridian 
crosses  the  Red  River,  thence  by  said  meridian  to  the  point  where  it 
crosses  the  Canadian  River,  thence  along  said  river  to  the  west  line 
of  the  Seminole  country,  thence  alon^  said  line  to  the  north  fork  of 
the  Canadian  River,  thence  down  said  river  to  the  west  line  of  the 
Creek  country,  thence  along  said  line  to  the  northwest  corner  of  the 
Creek  country,  thence  along  the  north  line  of  the  Creek  country,  to 
the  ninety-sixth  meridian,  thence  northward  by  said  meridian  to  the 
southern  boundary  line  of  Kansas,  thence  west  along  said  line  to  the 
Arkansas  River,  thence  down  said  river  to  the  north  line  of  the  land 
occupied  by  the  Ponca  tribe  of  Indians  from  which  point  the  line 

o  See  also  the  acts  to  provide  for  laying  out  lots.  Act  of  May  14,  1890 ;  and  to 
provide  new  justices  and  new  judicial  districts,  May  2,  1902. 

2939 


2040  Oklahoma— 1890 

runs  so  as  to  include  all  the  lands  occupied  by  the  Ponca,  Tonkawa, 
Otoe  and  Missouria,  and  the  Pawnee  tribes  of  Indians  until  it  strikes 
the  south  line  of  the  Cherokee  outlet  which  it  follows  westward  to 
the  east  line  of  the  State  of  Texas,  thence  by  the  boundary  line  of 
the  State  of  Texas  to  the  point  of  beginning ;  the  Public  Land  Strip 
which  is  included  in  said  Territory  of  Oklahoma  is  bounded  east  by 
the  one-hundredth  meridian,  south  by  Texas,  west  by  New  Mexico, 
north  by  Colorado  and  Kansas.  Whenever  the  interest  of  the  Chero- 
kee Indians  in  the  land  known  as  the  Cherokee  outlet  shall  have  been 
extinguished  and  the  President  shall  make  proclamation  thereof,  said 
outlet  shall  thereupon  and  without  further  legislation,  become  a  part 
of  the  Territory  of  Oklahoma.  Any  other  lands  within  the  Indian 
Territory  not  embraced  within  these  boundaries  shall  hereafter  be- 
come a  part  of  the  Territory  of  Oklahoma  whenever  the  Indian 
nation  or  tribe  owning  such  lands  shall  signify  to  the  President  of  the 
United  States  in  legal  manner  its  assent  that  such  lands  shall  so 
become  a  part  of  said  Territory  of  Oklahoma,  and  the  President  shall 
thereupon  make  proclamation  to  that  effect. 

Congress  may  at  any  time  hereafter  change  the  boundaries  of  said 
Territory,  or  attach  any  portion  of  the  same  to  any  other  State  or 
Territory  of  the  United  Etates  without  the  consent  of  the  inhabit- 
ants of  the  Territory  hereby  created:  Provided,  That  nothing  in 
this  act  shall  be  construed  to  impair  any  right  now  pertaining  to  any 
Indians  or  Indian  tribe  in  said  Territory  under  the  laws,  agreements, 
and  treaties  of  the  United  States,  or  to  impair  the  rights  of  j)erson 
or  property  pertaining  to  said  Indians,  or  to  affect  the  authority  of 
the  Government  of  the  United  States  to  make  any  regulation  or  to 
make  any  law  respecting  said  Indians,  their  lands,  property,  or  other 
rights  which  it  would  have  been  competent  to  make  or  enact  if  this  act 
had  not  been  passed. 

Sec.  2.  That  the  executive  power  of  the  Territory  of  Oklahoma 
shall  be  vested  in  a  governor,  who  shall  hold  his  office  for  four  years, 
and  until  his  successor  shall  be  appointed  and  qualified,  unless  sooner 
removed  by  the  President  of  the  United  States.  The  governor  shall 
reside  within  said  Territory;  shall  be  commander-in-chief  of  the 
militia  thereof;  he  may  grant  pardons  for  offenses  against  the  laws 
of  said  Territory,  and  reprieves  for  offenses  against  the  laws  of  the 
United  States,  until  the  decision  of  the  President  can  be  made  known 
thereon;  he  shall  commission  all  officers  who  shall  be  appointed  to 
office  under  the  laws  of  said  Territory,  and  shall  take  care  that  the 
laws  be  faithfully  executed. 

Sec.  3.  That  there  shall  be  a  secretary  of  said  Territory,  who  shall 
reside  therein  and  hold  his  office  for  four  years  unless  sooner  removed 
by  the  President  of  the  United  States ;  he  shall  record  and  preserve 
all  the  laws  and  the  proceedings  of  the  legislative  assembly  herein- 
after constituted,  and  all  acts  and  proceedings  of  the  governor  in  his 
executive  department ;  he  shall  transmit  one  copy  of  the  laws  and 
journals  of  the  legislative  assembly^  within  thirty  days  after  the  end 
of  each  session  thereof,  to  the  President  of  the  United  States  and  to 
the  Secretary  of  the  Interior  and,  at  the  same  time,  two  copies  of  the 
laws  and  journals  of  the  legislative  assembly  to  the  Speaker  of  the 
House  of  Representatives  and  the  President  of  the  Senate  for  the  use 
of  Congress ;  and  in  case  of  the  death,  removal,  resignation,  or  other 
necessary  absence  of  the  governor  from  the  Territory,  the  secretary 


Oklahoma— 1890  2941 

shall  execute  all  the  powers  and  perform  all  the  duties  of  governor 
during  such  vacancy  or  absence,  or  until  another  governor  is  ap- 
pointed and  qualified. 

Sec.  4.  That  the  legislative  power  and  authority  of  said  Territory 
shall  be  vested  in  the  governor  and  legislative  assembly.  The  leg- 
islative assembly  shall  consist  of  a  council  and  a  house  of  represent- 
atives. The  council  shall  consist  of  thirteen  members,  having  the 
qualifications  of  voters  as  hereinafter  prescribed,  whose  term  of 
service  shall  continue  two  years.  The  house  of  representatives  shall 
consist  of  twenty-six  members,  possessing  the  same  qualifications  as 
prescribed  for  members  of  the  council,  and  whose  term  of  service 
shall  continue  two  years,  and  the  sessions  of  the  legislative  assembly 
shall  be  biennial  and  shall  be  limited  to  sixty  days'  duration:  Pro- 
vided, however,  That  the  duration  of  the  first  session  of  said  legisla- 
tive assembly  may  continue  one  hundred  and  twenty  days. 

That  for  the  purpose  of  facilitating  the  organization  of  a  tem- 
porary government  in  the  Territory  of  Oklahoma,  seven  counties 
are  hereby  established  therein,  to  be  known,  until  after  the  first 
election  in  the  Territory,  as  the  First  County,  the  Second  County, 
the  Third  County,  the  Fourth  County,  the  Fifth  County,  and  the 
Sixth  County,  the  boundaries  of  which  shall  be  fixed  by  the  gov- 
ernor of  the  Territory  until  otherwise  provided  by  the  legislative 
assembly  thereof.  The  county  seat  of  the  First  County  shall  be  at 
Guthrie.  The  county  seat  of  the  Second  County  shall  be  at  Okla- 
homa City.  The  county  seat  of  the  Third  County  shall  be  at  Norman. 
The  county  seat  of  the  Fourth  County  shall  be  at  El  Reno.  The 
county  seat  of  the  Fifth  County  shall  be  at  Kingfisher  City.  The 
county  seat  of  the  Sixth  County  shall  be  at  Stillwater.  The  Seventh 
County  shall  embrace  all  that  portion  of  the  Territory  lying  west  of 
the  one  hundredth  meridian,  known  as  the  Public  Land  Strip,  the 
county  seat  of  which  shall  be  at  Beaver:  Provided,  That  the  county 
seats  located  by  this  act  may  be  changed  in  such  manner  as  the  Terri- 
torial legislature  may  provide. 

At  the  first  election  for  members  of  the  legislative  assembly  the 
people  of  each  county  may  vote  for  a  name  for  such  county,  and  the 
name  which  receives  the  greatest  number  of  votes  shall  be  the  name 
of  such  county.  If  two  or  more  counties  should  select  the  same 
name,  the  county  which  casts  the  greatest  number  of  votes  for  such 
name  shall  be  entitled  to  the  same,  and  the  names  receiving  the  next 
highest  number  of  votes  in  the  other  counties  shall  be  the  names  of 
such  counties.  An  apportionment  shall  be  made  by  the  governor 
as  nearly  equal  as  practicable  among  the  several  counties  or  districts 
for  the  election  of  the  council  and  house  of  representatives,  giving 
to  each  section  of  the  Territory  representation  in  the  ratio  of  its 
population  (excepting  Indians  not  taxed)  as  nearly  as  may  be,  and 
the  members  of  the  council  and  house  of  representatives  shall  reside 
in  and  be  inhabitants  of  the  district  for  which  they  may  be  elected, 
respectively.  Previous  to  the  first  election  the  governor  shall  cause 
a  census  or  enumeration  of  the  inhabitants  of  the  several  counties  or 
districts  of  the  Territory  to  be  taken,  unless  the  same  shall  have  been 
taken  and  published  by  the  United  States,  in  which  case  such  census 
and  enumeration  shall  be  adopted,  and  the  first  election  shall  be 
held  at  such  times  and  places  and  be  conducted  in  such  manner, 
both  as  to  the  persons  who  superintend  such  election  and  the  returns 


2942  Oklahoma— 1890 

thereof,  as  the  governor  shall  appoint  and  direct,  and  he  shall  at  the 
same  time  declare  the  number  of  the  members  of  the  council  and 
house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled,  as  shown  by  the  census  herein  provided  for.  The 
number  of  persons  authorized  to  be  elected,  having  the  highest  num- 
ber of  legal  votes  in  each  of  said  council  districts  for  members  of 
the  council,  shall  be  declared^by  the  governor  to  be  duly  elected  to 
the  council,  and  the  person  or  persons  authorized  to  be  elected,  hav- 
ing the  greatest  number  of  votes  for  the  house  of  representatives 
equal  to  the  number  to  which  each  county  or  district  shall  be  enti- 
tled, shall  be  declared  by  the  governor  to  be  elected  members  of  the 
house  of  representatives:  Provided,  That  in  case  two  or  more  per- 
sons voted  for  have  an  equal  number  of  votes,  and  in  case  a  vacancy 
otherwise  occurs  in  either  branch  of  the  legislative  assembly,  the  gov- 
ernor shall  order  a  new  election,  and  the  persons  thus  elected  to  the 
legislative  assembly  shall  meet  at  such  place  and  on  such  day  as  the 
governor  shall  appoint,  but  after  such  first  election,  however,  the 
time,  place,  and  manner  of  holding  elections  by  the  people,  and  the 
apportionment  of  representation,  and  the  day  of  the  commencement 
of  the  regular  sessions  of  the  legislative  assembly  shall  be  prescribed 
by  law:  Provided,  however,  That  the  governor  shall  have  power  to 
call  the  legislative  assembly  together  by  proclamation,  on  an  extraor- 
dinary occasion  at  any  time.  -r-. 

Sec.  5.  That  all  male  citizens  of  the  United  States  above  the'^age  of 
twenty-one  years,  and  all  male  persons  of  foreign  birth  over  said  age 
who  shall  have  twelve  months  prior  thereto  declared  their  intention  to 
become  citizens  of  the  United  States,  as  now  required  by  law,  who  are 
actual  residents  at  the  time  of  the  passage  of  this  act  of  that  portion 
of  said  Territory  which  was  declared  by  the  proclamation  of  the 
President  to  be  open  for  settlement  on  the  twenty-second  day  of 
April,  anno  Domini  eighteen  hundred  and  eighty-nine,  and  of  that 
portion  of  said  Territory  heretofore  known  as  the  Public  Land  Strip, 
shall  be  entitled  to  vote  at  the  first  election  in  the  Territory.  At 
every  subsequent  election  the  qualifications  of  voters  and  of  holding 
office  shall  be  such  as  may  be  prescribed  by  the  legislative  assembly, 
subject,  however,  to  the  following  restrictions  on  the  power  of  the 
legislative  assembly,  namely:  First.  The  right  of  suffrage  and  of 
holding  office  shall  be  exercised  only  by  citizens  of  the  United  States 
above  the  age  of  twenty-one  years  and  by  persons  of  foreign  birth 
above  that  age  who  have  declared,  on  oath,  before  a  competent  court 
of  record,  as  required  by  the  naturalization  laws  of  the  United  States 
their  intention  to  become  citizens,  and  have  taken  an  oath  to  support 
the  Constitution  of  the  United  States,  and  who  shall  have  been  resi- 
dents of  the  United  States  for  the  term  of  twelve  months  before  the 
election  at  which  they  offer  to  vote.  Second.  There  shall  be  no  de- 
nial of  the  elective  franchise  or  of  holding  office  to  a  citizen  on  ac- 
count of  race,  color,  or  previous  condition  of  servitude.  Third.  No 
officer,  soldier,  seaman,  marine,  or  other  person  in  the  Army  or 
Navy,  or  attached  to  troops  in  the  service  of  the  United  States,  shall 
be  allowed  to  vote  in  said  Territory  by  reason  of  being  on  service 
therein.  Fourth.  No  person  belonging  to  the  Army  or  Navy  shall 
be  elected  to,  or  hold,  any  civil  office  or  appointment  in  said  Territory. 

Sec.  6.  That  the  legislative  power  of  the  Territory  shall  extend  to 
all  rightful  subjects  of  legislation  not  inconsistent  with  the  Consti- 


Oklahoma— 1890  2943 

tution  and  laws  of  the  United  States,  but  no  law  shall  be  passed  in- 
terfering with  the  primary  disposal  of  the  soil;  no  tax  shall  be  im- 
posed upon  the  property  of  the  United  States,  nor  shall  the  lands  or 
other  property  of  non-residents  be  taxed  higher  than  the  lands  or 
other  property  of  residents,  nor  shall  any  law  be  passed  impairing 
the  right  to  private  property,  nor  shall  any  unequal  discrimination 
be  made  in  taxing  different  kinds  of  property,  but  all  property  sub- 
ject to  the  taxation  shall  be  taxed  in  proportion  to  its  value :  Provided, 
That  nothing  herein  shall  be  held  to  prohibit  the  levying  and  col- 
lecting license  or  special  taxes  in  the  Territory  from  persons  engaged 
in  any  business  therein,  if  the  legislative  power  shall  consider  such 
taxes  necessary.  Every  bill  which  shall  have  passed  the  council  and 
the  house  of  representatives  of  said  Territory  shall,  before  it  becomes 
a  law,  be  presented  to  the  governor  of  the  Territory.  If  he  approve 
he  shall  sign  it,  but  if  not,  he  shall  return  it  with  his  objections  to 
the  house  in  which  it  originated,  who  shall  enter  the  objections  at  large 
upon  their  journal  and  proceed  to  reconsider  it.  If,  after  such  re- 
consideration, two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two- 
thirds  of  that  house  it  shall  become  a  law.  But  in  all  such  cases  the 
vote  of  both  houses  shall  be  determined  by  yeas  and  nays  to  be  en- 
tered on  the  journal  of  each  house,  respectively.  If  any  bill  shall 
not  be  returned  by  the  govei:nor  within  five  days  (Sunday  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in 
like  manner  as  if  he  had  signed  it,  unless  the  assembly,  by  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

Sec.  7.  .That  all  township,  district,  and  county  officers,  not  herein 
otherwise  provided  for,  shall  be  appointed  or  elected,  as  the  case  may 
be,  in  such  manner  as  shall  be  provided  by  the  governor  and  legis- 
lative assembly  of  the  Territory.  The  governor  shall  nominate  and, 
by  and  with  the  advice  and  consent  of  the  council,  appoint  all  officers 
not  herein  otherwise  provided  for,  and  in  the  first  instance  the  gov- 
ernor alone  may  appoint  all  such  officers,  who  shall  hold  their  offices 
until  the  end  of  the  first  session  of  the  legislative  assembly ;  and  he 
shall  lay  off  the  necessary  districts,  for  members  of  the  council  and 
house  of  representatives,  and  all  other  officers,  and  whenever  a 
vacancy  happens  from  resignation  or  death,  during  the  recess  of  the 
legislative  council  in  any  office  which  is  filled  by  appointment  of  the 
governor,  by  and  with  the  advice  and  consent  of  the  council,  the 
governor  shall  fill  such  vacancy  by  granting  a  commission,  which 
shall  expire  at  the  end  of  the  next  session  of  the  legislative  council. 
It  is  further  provided  that  the  legislative  assembly  shall  not  author- 
ize the  issuing  any  bond,  script,  or  evidence  of  debt  by  the  Territory, 
or  any  county,  city,  town,  or  township  therein  for  the  construction 
of  any  railroad. 

Sec.  8.  That  no  member  of  the  legislative  assembly  shall  hold  or 
be  appointed  to  any  office  which  has  been  created  or  the  salary  or 
emoluments  of  which  have  been  increased  while  he  was  a  member, 
during  the  term  for  which  he  was  elected  and  for  one  year  after  the 
expiration  of  such  term,  but  this  restriction  shall  not  be  applicable 
to  membei*s  of  the  first  legislative  assembly  provided  for  by  this  act ; 
and  no  person  holding  a  commission  or  appomtment  under  the  United 
States,  except  postmasters,  shall  be  a  member  of  the  legislative  as- 


2944  Oklahoma— 1890 

sembly,   or   shall   hold   any    office   under   the   government   of   said 
Territory. 

Sec.  9.  That  the  judicial  power  of  said  Territory  shall  be  vested 
in  a  supreme  court,  district  courts,  probate  courts,  and  justices  of  the 
peace.  The  supreme  court  shall  consist  of  a  chief -justice  and  two 
associate  justices,  any  two  of  whom  shall  constitute  a  quorum.  They 
shall  hold  their  offices  for  four  years,  and  until  their  successors  are 
appointed  and  qualified,  and  they  shall  hold  a  term  annually  at  the 
seat  of  government  of  said  Territory.  The  jurisdiction  of  the  several 
courts  herein  provided  for,  both  appellate  and  original,  and  that  of 
the  probate  courts  and  of  the  justices  of  the  peace,  shall  be  as  limited 
by  law:  Provided,  That  justices  of  the  peace,  who  shall  be  elected 
in  such  manner  as  the  legislative  assembly  may  provide  by  law,  shall 
not  have  jurisdiction  of  any  matter  in  controversy  when  the  title  or 
boundaries  of  land  may  be  in  dispute,  or  where  the  debt  or  sum 
claimed  shall  exceed  one  hundred  dollars;  and  the  said  supreme  and 
district  courts,  respectively,  shall  possess  chancery  as  well  as  common 
law  jurisdiction  and  authority  for  redress  of  all  wrongs  committed 
against  the  Constitution  or  laws  of  the  United  States  or  of  the  Terri- 
tory affecting  persons  or  property.  Said  Territory  shall  be  divided 
into  three  judicial  districts,  and  a  district  court  shall  be  held  in  each 
county  in  said  district  thereof  by  one  of  the  justices  of  the  supreme 
court,  at  such  time  and  place  as  may  be  prescribed  by  law,  and  each 
judge  after  assignment  shall  reside  in  the  district  to  which  he  is 
assigned.  The  supreme  court  shall  define  said  judicial  districts,  and 
shall  fix  the  times  and  places  at  each  county  seat  in  each  district 
where  the  district  court  shall  be  held  and  designate  the  judge  who 
shall  preside  therein.  And  the  territory  not  embraced  in  organized 
counties  shall  be  attached  for  judicial  purposes  to  such  organized 
county  or  counties  as  the  supreme  court  may  determine.  The  su- 
preme court  of  said  Territory  shall  appoint  its  own  clerk,  who  shall 
hold  his  office  at  the  pleasure  of  the  court  for  which  he  is  appointed. 
Each  district  court  shall  appoint  its  clerk,  who  shall  also  be  the  reg- 
ister in  chancery,  and  shall  keep  his  office  where  the  court  may  be 
held.  Writs  of  error,  bills  of  exception,  and  appeals  shall  be  allowed 
in  all  cases  from  the  final  decisions  of  said  district  courts  to  the 
supreme  court  under  such  regulations  as  may  be  prescribed  by  law% 
but  in  no  case  removed  to  the  supreme  court  shall  trial  by  jury  be 
allowed  in  said  court.  Writs  of  error  and  appeals  from  the  final 
decisions  of  said  supreme  court  shall  be  allowed  and  may  be  taken  to 
the  Supreme  Court  of  the  United  States  in  the  same  manner  and 
under  the  same  regulations  as  from  the  circuit  courts  of  the  United 
States,  where  the  value  of  the  property  or  the  amount  in  controversy, 
to  be  ascertained  by  oath  or  affirmation  of  either  party  or  other  com- 
petent witness,  shall  exceed  five  thousand  dollars;  and  each  of  the 
said  district  courts  shall  have  and  exercise,  exclusive  of  any  court 
heretofore  established,  the  same  jurisdiction  in  all  cases  arising  under 
the  Constitution  and  laws  of  the  United  States  as  is  vested  in  the 
circuit  and  district  courts  of  the  United  States.  In  addition  to  the 
jurisdiction  otherwise  ./conferred  by  this  act,  said  district  courts  shall 
have  and  exercise  exclusive  original  jurisdiction  over  all  offenses 
against  the  laws  of  the  United  States  committed  within  that  portion 
of  the  Cherokee  Outlet  not  embraced  within  the  boundaries  of  said 
Territory  of  Oklahoma  as  herein  defined,  and  in  all  civil  cases  between 


Oklahoma— 1890  2945 

citizens  of  the  United  States  residing  in  such  portion  of  the  Cherokee 
therein,  when  the  value  of  the  thing  in  controversy  or  damages  or 
Territory,  and  any  citizen  of  or  person  or  persons  residing  or  found 
therein,  when  the  vahie  of  the  thing  in  controversy  or  damages  or 
money  claimed  shall  exceed  one  hundred  dollars ;  writs  of  error,  bills 
of  exceptions,  and  appeals  shall  in  all  such  cases,  civil  and  criminal, 
be  allowed  from  the  district  courts  to  the  supreme  court  in  like  man- 
ner, and  be  proceeded  with  in  like  manner  as  in  cases  arising  within 
the  limits  of  said  Territory.  For  all  judicial  purposes  as  herein 
defined  such  portion  of  the  Cherokee  Outlet  not  embraced  within  the 
boundaries  of  the  Territory  of  Oklahoma  shall  be  attached  to,  and  be 
a  part  of,  one  of  the  judicial  districts  of  said  Territory  as  may  be 
designated  by  the  Supreme  court.  All  acts  and  parts  of  acts  hereto- 
fore enacted,  conferring  jurisdiction  upon  United  States  courts  held 
beyond  and  outside  the  limits  of  the  Territory  of  Oklahoma  as 
herein  defined,  as  to  all  causes  of  action  or  offenses  in  said  Terri- 
tory, and  in  that  portion  of  the  Cherokee  Outlet  hereinbefore  referred 
to,  are  hereby  repealed,  and  such  jurisdiction  is  hereby  given  to  the 
supreme  and  district  courts  in  said  Territory;  but  all  actions  com- 
menced in  such  courts,  and  crimes  committed  in  said  Territory  and 
in  the  Cherokee  Outlet,  prior  to  the  passage  of  this  act,  shall  be  tried 
and  prosecuted,  and  proceeded  with  until  finally  disposed  of,  in  the 
courts  now  having  jurisdiction  thereof,  as  if  this  act  had  not  been 
passed.  The  said  supreme  and  district  courts  of  said  Territory,  and 
the  respective  judges  thereof,  shall  and  may  grant  writs  of  manda- 
mus and  habeas  corpus  in  all  cases  authorized  by  law;  and  the  first 
six  days  of  every  term  of  said  courts,  or  so  much  thereof  as  shall  be 
necessary,  shall  be  appropriated  to  the  trial  of  causes  arising  under 
the  said  Constitution  and  laws;  and  writs  of  error  and  appeals  in  all 
such  cases  shall  be  made  to  the  supreme  court  of  said  Territory,  as  in 
other  cases. 

Sec.  10.  Persons  charged  with  any  offense  or  crime  in  the  Territory 
of  Oklahoma,  and  for  whose  arrest  a  warrant  has  been  issued,  may  be 
arrested  by  the  United  States  marshal  or  any  of  his  deputies,  wherever 
found  in  said  Territory,  but  in  all  cases  the  accused  shall  be  taken,  for 
preliminary  examination,  before  a  United  States  commissioner,  or  a 
justice  of  the  peace  of  the  county,  whose  office  is  nearest  to  the  place 
where  the  offense  or  crime  was  committed. 

All  offenses  committed  in  said  Territory,  if  committed  within  any 
organized  county,  shall  be  prosecuted  and  tried  within  said  county, 
and  if  committed  within  territory  not  embraced  in  any  organized 
county,  shall  be  prosecuted  and  tried  in  the  county  to  which  such 
territory  shall  be  attached  for  judicial  purposes.  And  all  civil 
actions  shall  be  instituted  in  the  county  in  which  the  defendant,  or 
either  of  them,  resides  or  may  be  found ;  and  when  such  actions  arise 
within  any  portion  of  said  Territory,  not  organized  as  a  county,  such 
actions  shall  be  instituted  in  the  county  to  which  such  territory  is 
attached  for  judicial  purposes;  but  any  case,  civil  or  criminal,  may 
be  removed,  by  change  of  venue,  to  another  county. 

Sec.  11.  That  the  following  chapters  and  provisions  of  the  Com- 
piled Laws  of  the  State  of  Nebraska,  in  force  November  first,  eighteen 
hundred  and  eighty-nine,  in  so  far  as  they  are  locally  applicable,  and 
not  in  conflict  with  the  laws  of  the  United  States  or  with  this  act,  are 


2946  Oklahoma— 1890 

hereby  extended  to  and  put  in  force  in  the  Territory  of  Oklahoma 
until  after  the  adjournment  of  the  first  session  of  the  legislative 
assembly  of  said  Territory,  namely:  the  provisions  of  articles  two, 
three,  and  four  of  chapter  two,  entitled  "Agriculture;"  of  chapter 
four,  entitled  "Animals;"  of  chapter  six,  entitled  "Assignments;" 
of  chapter  seven,  entitled  "Attorneys;"  of  chapter  ten,  entitled 
"Bonds  and  oaths — official;"  of  chapter  twelve,  entitled  "Chattel 
mortgages;"  of  chapter  fourteen,  entitled  "  Cities  of  the  second  class 
and  villages;"  of  chapter  fifteen,  entitled  "  Common  law;"  of  chapter 
sixteen,  entitled  "  Corporations ;"  of  chapter  eighteen,  entitled 
"  Countj^s  and  county  officers;"  of  sections  fifteen  and  sixteen  of 
article  six  of  the  constitution  of  said  State,  and  of  chapter  twenty 
of  said  laws,  entitled  "Courts — probate;"  of  chapter  twenty- 
three,  entitled  "  Decedents;"  of  chapter  twenty-four,  entitled  "  Depu- 
ties;" of  chapter  twenty-five,  entitled  "Divorce  and  alimony;"  of 
chapter  twenty-six,  entitled  "Elections;"  of  chapter  twenty-eight, 
entitled  "  Fees;"  of  chapter  thirty-two,  entitled  "  Frauds;"  of  chap- 
ter thirty-four,  entitled  "Guardians  and  wards;"  of  chapter  thirty- 
six,  entitled  "  Homesteads ;  "  of  chapter  forty-one,  entitled  "  In- 
struments negotiable;"  of  chapter  forty-four,  entitled  "Interests;" 
of  chapter  forty-six,  entitled  "Jails;"  of  chapter  fifty,  entitled 
"Liquors;"  but  no  licenses  shall  be  issued  under  this  chapter;  of 
chapter  fifty-two,  entitled  "Marriage;"  of  chapter  fifty-three,  en- 
titled "Married  women;"  of  chapter  fifty- four,  entitled  "Mechan- 
ics' and  laborers'  liens;"  of  chapter  sixty-one,  entitled  "Notaries 
public;"  of  chapter  sixty-two,  entitled  "  Oaths  and  affirmations;"  of 
chapter  sixty-three,  entitled  "  Occupying  claimants ;"  of  article  one 
of  chapter  seventy-two,  entitled  "Eailroads;"  of  chapter  seventy- 
three,  entitled  "  Real  estate;"  and  the  provisions  of  part  two  of  said 
laws,  entitled  "  Code  of  civil  procedure,"  and  of  part  three  thereof, 
entitled  "  Criminal  code." 

The  governor  of  said  Territory  is  authorized  to  divide  each  county 
into  election  precincts  and  into  such  political  sub-divisions  other  than 
school  districts  as  may  be  required  by  the  laws  of  the  State  of  Ne- 
braska; and  he  is  hereby  authorized  to  appoint  all  officers  of  such 
counties  and  subdivisions  thereof  as  he  shall  deem  necessary,  and  ail 
election  officers  until  their  election  or  appointment  shall  be  provided 
for  by  the  legislative  assembly,  but  not  more  than  two  of  the  judges 
or  inspectors  of  election  in  any  election  precinct  shall  be  members  of 
the  same  political  party,  and  the  candidates  of  each  political  party 
who  may  be  voted  for  at  such  election  may  designate  one  person  who 
shall  be  present  at  the  counting  and  canvassing  of  the  votes  cast  in 
each  precinct. 

The  supreme  and  district  courts  of  said  Territory  shall  have  the 
same  power  to  enforce  the  laws  of  the  State  of  Nebraska  hereby 
extended  to  and  |)ut  in  force  in  said  Territory  as  courts  of  like  juris- 
diction have  in  said  State;  but  county  courts  and  justices  of  the  peace 
shall  have  and  exercise  the  jurisdiction  which  is  authorized  by  said 
laws  of  Nebraska :  Provided^  That  the  jurisdiction  of  justices  of  the 
peace  in  said  Territory  shall  not  exceed  the  sum  of  one  hundred  dol- 
lars, and  county  courts  shall  have  jurisdiction  in  all  cases  where  the 
sum  or  matter  in  demand  exceeds  the  sum  of  one  hundred  dollars. 

Sec.  12.  That  jurisdiction  is  hereby  conferred  upon  the  district 
courts  in  the  Territory  of  Oklahoma  over  all  controversies  arising 


Oklahoma— 1890  2947 

between  members  or  citizens  of  one  tribe  or  nation  of  Indians  and 
the  members  or  citizens  of  other  tribes  or  nations  in  the  Territory  of 
Oklahoma,  and  a"ny  citizen  or  member  of  one  tribe  or  nation  who 
may  commit  any  offense  or  crime  in  said  Territory  against  the  per- 
son or  property  of  a  citizen  or  member  of  another  tribe  or  nation 
shall  be  subject  to  the  same  punishment  in  the  Territory  of  Okla- 
homa as  he  would  be  if  both  parties  were  citizens  of  the  United 
States;  and  any  person  residing  in  the  Territory  of  Oklahoma,  in 
whom  there  is  Indian  blood,  shall  have  the  right  to  invoke  the  aid 
of  courts  therein  for  the  protection  of  his  person  or  property,  as 
though  he  were  a  citizen  of  the  United  States:  ProvidedyThsit  noth- 
ing in  this  act  contained  shall  be  so  construed  as  to  give  jurisdiction 
to  the  courts  established  in  said  Territory  in  controversies  arising 
between  Indians  of  the  same  tribe,  while  sustaining  their  tribal 
relation. 

Sec.  13.  That  there  shall  be  appointed  for  said  Territory  a  person^ 
learned  in  the  law,  who  shall  act  as  attorney  for  the  United  States, 
and  shall  continue  in  office  for  four  years,  and  until  his  successor  is 
appointed  and  qualified,  unless  sooner  removed  by  the  President. 
Said  attorney  shall  receive  a  salary  at  the  rate  of  two  hundred  and 
fifty  dollars  annually.  There  shall  be  appointed  a  marshal  for  said 
Territory,  who  shall  hold  his  office  for  four  years,  and  until  his  suc- 
cessor is  appointed  and  qualified,  unless  sooner  removed  by  the  Presi- 
dent, and  who  shall  execute  all  process  issuing  from  the  said  courts 
when  exercising  their  jurisdiction  as  circuit  and  district  courts  of 
the  United  States;  he  shall  have  the  power  and  perform  the  duties 
and  be  subject  to  the  same  regulations  and. penalties  imposed  by  law 
on  the  marshal  of  the  United  States,  and  be  entitled  to  a  salary  at 
the  rate  of  two  hundred  dollars  a  year.  There  shall  be  allowed  to 
the  attorney,  marshal,  clerks  of  the  supreme  and  district  courts  the 
same  fees  as  are  prescribed  for  similar  services  by  such  persons  in 
chapter  sixteen,  title  Judiciary,  of  the  Revised  Statutes  of  the  United 
States. 

Sec.  14.  That  the  governor,  secretary,  chief -justice,  and  associate 
justices,  attorney,  and  marshal  shall  be  nominated  and,  by  and  with 
the  advice  and  consent  of  the  Senate,  appointed  by  the  President  of 
the  United  States.  The  governor  and  Secretary  to  be  appointed  as 
aforesaid  shall,  before  they  act  as  such,  respectively  take  an  oath  or 
affirmation  before  the  district  judge,  or  some  justice  of  the  peace,  or 
other  officer  in  the  limits  of  said  Territory  duly  authorized  to  admin- 
ister oaths  and  affirmations  by  the  laws  now  in  force  therein,  or 
before  the  Chief -Justice  or  some  associate  justice  of  the  Supreme 
Court  of  the  United  States,  to  support  the  Constitution  of  the  United 
States  and  faithfully  to  discharge  the  duties  of  their  respective  offices, 
which  said  oaths,  when  so  taken,  shall  be  certified  by  the  person  by 
whom  the  same  shall  have  been  taken ;  and  such  certificates  shall  be 
received  and  recorded  by  the  secretary  among  the  executive  proceed- 
ings, and  the  chief -justice  and  associate  justices,  and  all  other  civil 
officers  in  said  Territory,  before  they  act  as  such,  shall  take  a  like 
oath  or  affirmation  before  the  said  governor  or  secretary,  or  some 
judge  or  justice  of  the  peace  of  the  Territory,  who  may  be  duly  com- 
missioned and  qualified,  which  said  oath  or  affirmation  shall  be  cer- 
tified and  transmitted  by  the  person  taking  the  same  to  the  secretary, 
to  be  recorded  by  him  as  aforesaid,  and  afterwards  the  like  oath  or 
7254— VOL  5—09 ^27 


2948  Oklahoma— 1890 

affirmation  shall  be  taken,  certified,  and  recorded  in  such  manner 
and  form  as  may  be  prescribed  by  law.  The  governor  shall  receive 
an  annual  salary  of  two  thousand  six  hundred  dollars  as  governor; 
the  chief -justice  and  associate  justices  shall  receive  an  annual  salary 
of  three  thousand  dollars,  and  the  Secretary  shall  receive  an  annual 
salary  of  one  thousand  eight  hundred  dollars.  The  said  salaries 
shall  be  payable  quarter-yearly  at  the  Treasury  of  the  United  States. 
The  members  of  the  legislative  assembly  shall  be  entitled  to  receive 
four  dollars  each  per  day  during  their  attendance  at  the  sessions, 
and  four  dollars  for  each  and  every  twenty  miles  traveled  in  going 
to  and  returning  from  said  sessions,  estimating  the  distance  by  the 
nearest  traveled  route.  There  shall  be  appropriated  annually  the 
sum  of  one  thousand  dollars,  to  be  expended  by  the  governor  to  de- 
fray the  contingent  expenses  of  the  Territory.  There  shall  also  be 
appropriated  annually  a  sufficient  sum,  to  be  expended  by  the  secre- 
tary, and  upon  an  estimate  to  be  made  by  the  Secretary  of  the  Treas- 
ury of  the  United  States,  to  defray  the  expenses  of  the  legislative 
assembly,  of  the  courts,  the  printing  of  the  laAvs,  and  other  incidental 
expenses;  and  the  secretary  of  the  Territory  shall  annually  account 
to  the  Secretary  of  the  Treasury  of  the  United  States  for  the  manner 
in  which  the  aforesaid  sum  shall  have  been  expended. 

Sec.  15.  That  the  legislative  assembly  of  the  Territory  of  Okla- 
home  shall  hold  its  first  session  at  Guthrie,  in  said  Territory,  at  such 
time  as  the  governor  thereof  shall  appoint  and  direct;  and  at  said 
first  session,  or  as  soon  thereafter  as  they  shall  deem  expedient,  the 
governor  and  legislative  assembly  shall  proceed  to  locate  and  estab- 
lish the  seat  of  government  for  said  Territory  at  such  place  as  they 
may  deem  eligible,  which  place,  however,  shall  thereafter  be  sub- 
ject to  be  changed  by  the  said  governor  and  legislative  assembly. 

Sec.  16.  That  a  Delegate  to  the  House  of  Representatives  of  the 
United  States,  to  serve  during  each  Congress  of  the  United  States, 
may  be  elected  by  the  voters  qualified  to  elect  members  of  the  legis- 
lative assembly,  who  shall  be  entitled  to  the  same  rights  and  privi- 
leges as  are  exercised  and  enjoyed  by  the  Delegates  from  the  several 
other  Territories  of  the  United  States  in  the  said  House  of  Repre- 
sentatives. The  first  election  shall  be  held  at  such  time  and  place, 
and  be  conducted  in  such  manner  as  the  governor  shall  appoint  and 
direct,  after  at  least  sixty  days'  notice,  to  be  given  by  proclamation, 
and  at  all  subsequent  elections  the  time,  place,  and  manner  of  hold- 
ing elections  shall  be  prescribed  by  law.  The  person  having  the 
greatest  number  of  votes  of  the  qualified  electors,  as  hereinbefore 
provided,  shall  be  declared  by  the  governor  elected,  and  a  certificate 
thereof  shall  be  accordingly  given. 

Sec.  17.  That  the  provisions  of  title  sixty-two  of  the  Revised 
Statutes  of  the  United  States  relating  to  national  banks,  and  all 
amendments  thereto,  shall  have  the  same  force  and  effect  in  the 
Territory  of  Oklahoma  as  elsewhere  in  the  United  States :  Provided, 
That  persons  otherwise  qualified  to  act  as  directors  shall  not  be 
required  to  have  resided  in  said  Territory  for  more  than  three  months 
immediately  preceding  their  election  as  such. 

Sec.  18.  That  sections  numbered  sixteen  and  thirty-six  in  each 
township  in  said  Territory  shall  be,  and  the  same  are  hereby,  reserved 
for  the  purpose  of  being  applied  to  public  schools  in  the  State  or 
States  hereafter  to  be  erected  out  of  the  same.     In  all  cases  where 


Oklahoma— 1890  2949 

Sections  sixteen  and  thirty-six,  or  either  of  them,  are  occupied  by 
actual  settlers  prior  to  survey  thereof,  the  county  commissioners  of 
the  counties  in  which  such  sections  are  so  occupied  are  authorized  to 
locate  other  lands,  to  an  equal  amount,  in  sections  or  fractional  sec- 
tions, as  the  case  may  be,  within  their  respective  counties,  in  lieu  of 
the  sections  so  occupied. 

All  the  lands  embraced  in  that  portion  of  the  Territory  of  Okla- 
homa heretofore  known  as  the  Public  Land  Strip,  shall  be  open  to 
settlement  under  the  provisions  of  the  homestead  laws  of  the  United 
States,  except  section  twenty-three  hundred  and  one  of  the  Revised 
Statutes,  which  shall  not  apply ;  but  all  actual  and  bona  fide  settlers 
upon  and  occupants  of  the  lands  in  said  Public  Land  Strip  at  the 
time  of  the  passage  of  this  act  shall  be  entitled  to  have  preference 
to  and  hold  the  lands  upon  which  they  have  settled  under  the  home- 
stead laws  of  the  United  States,  by  virtue  of  their  settlement  and 
occupancy  of  said  lands,  and  they  shall  be  credited  with  the  time 
they  have  actually  occupied  their  homesteads,  respectively,  not  ex- 
ceeding two  years,  on  the  time  required  under  said  laws  to  perfect 
title  as  homestead  settlers. 

The  lands  within  said  Territory  of  Oklahoma,  acquired  by  cession 
of  the  Muscogee  (or  Creek)  Nation  of  Indians,  confirmed  by  act  of 
Congress  approved  March  first,  eighteen  hundred  and  eighty-nine, 
and  also  the  lands  acquired  in  pursuance  of  an  agreement  with  the 
Seminole  Nation  of  Indians  by  re-lease  and  conveyance,  dated  March 
sixteenth,  eighteen  hundred  and  eighty-nine,  which  may  hereafter 
be  open  to  settlement,  shall  be  disposed  of  under  the  provisions  of 
sections  twelve,  thirteen,  and  fourteen  of  the  "Act  making  appro- 
priations for  the  current  and  contingent  expenses  of  the  Indian 
Department,  and  for  fulfilling  treaty  stipulations  with  various 
Indian  tribes,  for  the  year  ending  June  thirtieth,  eighteen  hundred 
and  ninety,  and  for  other  purposes,"  approved  March  second,  eight- 
een hundred  and  eighty-nine,  and  under  section  two  of  an  "Act  to 
ratify  and  confirm  an  agreement  wdth  the  Muscogee  (or  Creek) 
Nation  of  Indians  in  the  Indian  Territory,'  and  for  other  purposes," 
approved  March  first,  eighteen  hundred  and  eighty-nine:  Provided, 
however,  That  each  settler  under  and  in  accordance  with  the  provi- 
sions of  said  acts  shall,  before  receiving  a  patent  for  his  homestead 
on  the  land  hereafter  opened  to  settlement  as  aforesaid,  pay  to  the 
United  States  for  the  land  so  taken  by  him,  in  addition  to  the  fees 
provided  by  law,  the  sum  of  one  dollar  and  twenty-five  cents  per  acre. 

Whenever  any  of  the  other  lands  within  the  Territory  of  Okla- 
homa, now  occupied  by  any  Indian  tribe,  shall  by  operation  of  law 
or  proclamation  of  the  President  of  the  United  States,  be  open  to 
settlement,  they  shall  be  disposed  of  to  actual  settlers  only,  under  the 
provisions  of  the  homestead  law,  except  section  twenty-three  hun- 
dred and  one  of  the  Revised  Statutes  of  the  United  States,  which 
shall  not  apply :  Provided,  however,  That  each  settler,  under  and  in 
accordance  with  the  provisions  of  said  homestead  laws,  shall  before 
receiving  a  patent  for  his  homestead  pay  to  the  United  States  for  the 
land  so  taken  by  him,  in  addition  to  the  fees  provided  by  law,  a  sum 
per  acre  equal  to  the  amount  which  has  been  or  may  be  paid  by  the 
United  States  to  obtain  a  relinquishment  of  the  Indian  title  or  inter- 
est therein,  but  in  no  case  shall  such  payment  be  less  than  one  dollar 
and  twenty-five  cents  per  acre.    The  rights  of  honorably  discharged 


2950  Oklahoma— 1890 

soldiers  and  sailors  in  the  late  civil  war,  as  defined  and  described  in 
sections  twenty-three  hundred  and  four  and  twenty-three  hundred 
and  five  of  the  Kevised  Statutes  of  the  United  States,  shall  not  be 
abridged  except  as  to  such  payment.  All  tracts  of  land  in  Okla- 
homa Territory  which  have  been  set  apart  for  school  purposes,  to 
educational  societies,  or  missionary  boards  at  work  among  the 
Indians,  shall  not  be  open  for  settlement,  but  are  hereby  granted  to 
the  respective  educational  societies  or  missionary  boards  for  whose 
use  the  same  has  been  set  apart.  No  part  of  the  land  embraced 
within  the  Territory  hereby  created  shall  inure  to  the  use  or  benefit 
of  any  railroad  corporation,  except  the  rights  of  way  and  land  for 
stations  heretofore  granted  to  certain  railroad .  corporations.  Nor 
shall  any  provision  of  this  act  or  any  act  of  any  officer  of  the  United 
States,  done  or  performed  under  the  provisions  of  this  act  or  other- 
wise, invest  any  corporation  owning  or  operating  any  railroad  in 
the  Indian  Territory,  or  Territory  created  by  this  act,  with  any  land 
or  right  to  any  land  in  either  of  said  Territories,  and  this  act  shall 
not  apply  to  or  affect  any  land  which,  upon  any  condition  on  becom- 
ing a  part  of  the  public  domain,  would  inure  to  the  benefit  of,  or 
become  the  property  of,  any  railroad  corporation. 

Sec.  19.  That  portion  of  the  Territory  of  Oklahoma  heretofore 
known  as  the  Public  Land  Strip  is  hereby  declared  a  public  land 
district,  and  the  President  of  the  United  States  is  hereby  empowered 
to  locate  a  land  office  in  said  district,  at  such  place  as  he  shall  select, 
and  to  appoint  in  conformity  with  existing  law  a  register  and  receiver 
of  said  land  office.  He  may  also,  whenever  he  shall  deem  it  neces- 
sary, establish  another  additional  land  district  within  said  Territory, 
locate  a  land  office  therein,  and  in  like  manner  appoint  a  register 
and  receiver  thereof.  And  the  Commissioner  of  the  General  Land 
Office  shall,  when  directed  by  the  President,  cause  the  lands  within 
the  Territory  to  be  properly  surveyed  and  subdivided  where  the 
same  has  not  already  been  done. 

Sec.  20.  That  the  procedure  in  applications,  entries,  contests,  and 
adjudications  in  the  Territory  of  Oklahoma  shall  be  in  form  and 
manner  prescribed  under  the  homestead  laws  of  the  United  States, 
and  the  general  principles  and  provisions  of  the  homestead  laws, 
except  as  modified  by  the  provisions  of  this  act  and  the  acts  of  Con- 
gress approved  March  first  and  second,  eighteen  hundred  and  eighty- 
nine,  heretofore  mentioned,  shall  be  applicable  to  all  entries  made  in 
said  Territory,  but  no  patent  shall  be  issued  to  any  person  who  is  not 
a  citizen  of  the  United  States  at  the  time  of  making  final  proof. 

All  persons  who  shall  settle  on  land  in  said  Territory,  under  the 
provisions  of  the  homestead  laws  of  the  United  States,  and  of  this 
act,  shall  be  required  to  select  the  same  in  square  form,  as  nearly  as 
may  be;  and  no  person  who  shall  at  the  time  be  seized  in  fee  simple 
of  a  hundred  and  sixty  acres  of  land  in  any  State  or  Territory,  shall 
hereafter  be  entitled  to  enter  land  in  said  Territory  of  Oklahoma. 
The  provisions  of  sections  twenty-three  hundred  and  four  and 
twenty  three  hundred  and  five  of  the  Revised  Statutes  of  the  United 
States  shall,  except  so  far  as  modified  by  this  act,  apply  to  all  home- 
stead settlements  in  said  Territory. 

Sec.  21.  That  any  person,  entitled  by  law  to  take  a  homestead  in 
said  Territory  of  Oklahoma,  who  has  already  located  and  filed  upon, 
or  shall  hereafter  locate  and  file  upon,  a  homestead  within  the  limits 


Oklahoma— 1890  2951 

described  in  the  President's  proclamation  of  April  first,  eighteen 
hundred  and  eighty  nine,  and  under  and  in  pursuance  of  the  laws 
applicable  to  the  settlement  of  the  lands  opened  for  settlement  by 
such  proclamation,  and  who  has  complied  wath  all  the  laws  relating 
to  such  homestead  settlement,  may  receive  a  patent  therefor  at  the 
expiration  of  twelve  months  from  date  of  locating  upon  said  home- 
stead upon  payment  to  the  United  States  of  one  dollar  and  twenty- 
five  cents  per  acre  for  land  embraced  in  such  homestead. 

Sec.  22.  That  the  provisions  of  title  thirty-two,  chapter  eight  of 
the  Revised  Statutes  of  the  United  States  relating  to  "  reservation 
and  sale  of  town  sites  on  the  public  lands  "  shall  apply  to  the  lands 
open,  or  to  be  opened  to  settlement  in  the  Territory  of  Oklahoma, 
except  those  opened  to  settlement  by  the  proclamation  of  the  Presi- 
dent on  the  twenty-second  day  of  April,  eighteen  hundred  and  eighty- 
nine:  Provided,  That  hereafter  all  surveys  for  town  sites  in  said 
Territory  shall  contain  reservations  for  parks  (of  substantially  equal 
area  if  more  than  one  park)  and  for  schools  and  other  public  purposes, 
embracing  in  the  aggregate  not  less  than  ten  nor  more  than  twenty 
acres;  and  patents  for  such  reservations,  to  be  maintained  for  such 
purposes,  shall  be  issued  to  the  towns  respectively  when  organized 
as  municipalities:  Provided  further,  That  in  case  any  lands  in  said 
Territory  of  Oklahoma,  which  may  be  occupied  and  filed  upon  as  a 
homestead,  under  the  provisions  of  law  applicable  to  said  Territory, 
by  a  person  who  is  entitled  to  perfect  his  title  thereto  under  such 
laws,  are  required  for  town  site  purposes,  it  shall  be  lawful  for  such 
person  \p  apply  to  the  Secretary  of  the  Interior  to  purchase  the  lands 
embraced  in  said  homestead  or  any  part  thereof  for  town-site  pur- 
poses. He  shall  file  with  the  application  a  plat  of  such  proposed 
town-site,  and  if  such  plat  shall  be  approved  by  the  Secretary  of  the 
Interior,  he  shall  issue  a  patent  to  such  person  for  land  embraced  in 
said  town  site,  upon  the  payment  of  the  sum  of  ten  dollars  per  acre 
for  all  the  lands  embraced  in  such  town  site,  except  the  lands  to  be 
donated  and  maintained  for  public  purposes  as  provided  in  this  sec- 
tion. And  the  sums  so  received  by  the  Secretary  of  the  Interior  shall 
be  paid  over  to  the  proper  authorities  of  the  municipalities  when 
organized,  to  be  used  by  them  for  school  purposes  only. 

Sec.  23.  That  there  shall  be  reserved  public  highways  four  rods 
wide  between  each  section  of  land  in  said  Territory,  the  section  lines 
being  the  center  of  said  highways ;  but  no  deduction  shall  be  made, 
where  cash  payments  are  provided  for,  in  the  amount  to  be  paid  for 
each  quarter  section  of  land  by  reason  of  such  reservation.  But  if 
the  said  highway  shall  be  vacated  by  any  competent  authority,  the 
title  to  the  respective  strips  shall  inure  to  the  then  owner  of  the  tract 
of  which  it  formed  a  partly  the  original  survey. 

Sec.  24.  That  it  shall  be  unlawful  for  any  person,  for  himself  or 
any  company,  association,  or  corporation,  to  directly  or  indirectly 
procure  any  person  to  settle  upon  any  lands  open  to  settlement  in 
the  Territory  of  Oklahoma,  with  intent  thereafter  of  acquiring  title 
thereto;  and  any  title  thus  acquired  shall  be  void;  and  the  parties 
to  such  fraudulent  settlement  shall  severally  be  guilty  of  a  misde- 
meanor, and  shall  be  punished  upon  indictment,  by  imprisonment 
not  exceeding  twelve  months,  or  by  a  fine  not  exceeding  one  thou- 
sand dollars,  or  by  both  such  fine  and  imprisonment,  in  the  discre- 
tion of  the  court. 


2952  Oklahoma— 1890 

Sec.  25.  That  inasmuch  as  there  is  a  controversy  between  the 
United  States  and  the  State  of  Texas  as  to  the  ownership  of  what  is 
known  as  Greer  County,  it  is  hereby  expressly  provided  that  this  act 
shall  not  be  construed  to  apply  to  said  Greer  County  until  the  title 
to  the  same  has  been  adjudicated  and  determined  to  be  in  the  United 
States;  and  in  order  to  provide  for  a  speedy  and  final  judicial  deter- 
mination of  the  controversy  aforesaid  the  Attorney- General  of  the 
United  States  is  hereby  authorized  and  directed  to  commence  in  the 
name  and  on  behalf  of  the  United  States,  and  prosecute  to  a  final 
determination,  a  proper  suit  in  equity  in  the  Supreme  Court  of  the 
United  States  against  the  State  of  Texas,  setting  forth  the  title  and 
claim  of  he  United  States  to  the  tract  of  land  lying  beween  the 
North  and  South  Forks  of  the  Ked  River  where  the  Indian  Territory 
and  the  State  of  Texas  adjoin,  east  of  the  one  hundredth  degree  of 
longitude,  and  claimed  by  the  State  of  Texas  as  within  its  boundary 
and  a  part  of  its  land,  and  designated  on  its  map  as  Greer  County, 
in  order  that  the  rightful  title  to  said  land  may  be  finally  determined, 
and  the  court,  on  the  trial  of  the  case  may,  in  its  discretion,  so  far 
as  the  ends  of  justice  will  warrant,  consider  any  evidence  heretofore 
taken  and  received  by  the  Joint  Boundary  Commission  under  the  act 
of  Congress  approved  January  thirty-first,  eighteen  hundred  and 
eighty-five;  and  said  case  shall  be  advanced  on  the  docket  of  said 
court,  and  proceeded  with  to  its  conclusion  as  rapidly  as  the  nature 
and  circumstances  of  the  case  permit. 

Sec.  26.  That  the  following  sums,  or  so  much  thereof  as  may  be 
necessary,  are  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  to  be  disbursed  under  the  direction  of  the 
Secretary  of  the  Interior,  in  the  same  manner  that  similar  appropria- 
tions are  disbursed  in  the  other  Territories  of  the  United  States, 
namely : 

To  pay  the  expenses  of  the  first  legislative  assembly  of  said  Terri- 
tory, including  the  printing  of  the  session  laws  thereof ,  the  sum  of 
forty  thousand  dollars. 

To  pay  the  salaries  of  the  governor,  the  judges  of  the  supreme 
court,  the  secretary  of  the  Territory,  the  marshal,  the  attorney,  and 
other  officers  whose  appointment  is  provided  for  in  this  act,  for  the 
remainder  of  the  fiscal  year  ending  June  thirtieth,  eighteen  hundred 
and  ninety,  the  sum  of  twenty  thousand  dollars. 

To  pay  for  the  rent  of  buildings  for  the  legislative  and  executive 
offices,  and  for  the  supreme  and  district  courts;  to  provide  jails,  and 
support  prisoners;  to  pay  mileage  and  per  diem  of  jurors  and  wit- 
nesses; to  provide  books,  records,  and  stationery  for  the  executive 
and  judicial  offices  for  the  remainder  of  the  fiscal  year  ending  June 
thirtieth,  eighteen  hundred  and  ninety,  the  sum  oi  fifteen  thousand 
dollars. 

To  enable  the  governor  to  take  a  census  of  the  inhabitants  of  said 
Territory,  as  required  by  law,  the  sum  of  five  thousand  dollars. 

To  be  expended  by  the  governor  in  temporary  support  and  aid  of 
common  school  education  in  said  Territory,  as  soon  as  a  system  of 
public  schools  shall  have  been  established  by  the  legislative  assembly, 
the  sum  of  fifty  thousand  dollars. 

Sec.  ST.  That  the  provisions  of  this  act  shall  not  be  so  construed 
as  to  invalidate  or  impair  any  legal  claims  or  rights  of  persons  occu- 
pying any  portion  of  said  Territory,  under  the  laws  of  the  United 


Oklahoma— 1890  2953 

States,  but  such  claims  shall  be  adjudicated  by  the  Land  Department, 
or  the  courts,  in  accordance  with  their  respective  jurisdictions. 

Sec.  28.  That  the  Constitution  and  all  the  law^  of  the  United  States 
not  locally  inapplicable  shall,  except  so  far  as  modified  by  this  act, 
have  the  same  force  and  effect  as  elsewhere  within  the  United  States ; 
and  all  acts  and  parts  of  acts  in  conflict  with  the  provisions  of  this 
act  are  as  to  their  effect  in  said  Territory  of  Oklahoma  hereby 
repealed:  Provided,  That  section  eighteen  hundred  and  fifty  of  the 
Eevised  Statutes  of  the  United  States  shall  not  apply  to  the  Territory 
of  Oklahoma. 

Sec.  29.  That  all  that  part  of  the  United  States  which  is  bounded 
on  the  north  by  the  State  of  Kansas,  on  the  east  by  the  States  of 
Arkansas  and  Missouri,  on  the  south  bv  the  State  of  Texas,  and  on 
the  west  and  north  by  the  Territory  oi  Oklahoma  as  defined  in  the 
first  section  of  this  act,  shall,  for  the  purposes  of  this  act,  be  known 
as  the  Indian  Territory;  and  the  jurisdiction  of  the  United  States 
court  established  under  and  by  virtue  of  an  act  entitled  "An  act  to 
establish  a  United  States  court  in  the  Indian  Territory,  and  for 
other  purposes,"  approved  March  first,  eighteen  hundred  and  eighty- 
nine,  is  hereby  limited  to  and  shall  extend  only  over  the  Indian  Ter- 
ritory as  defined  in  this  section;  that  the  court  established  by  said 
act  shall,  in  addition  to  the  jurisdiction  conferred  thereon  by  said 
act,  have  and  exercise  within  the  limits  of  the  Indian  Territory  juris- 
diction in  all  civil  cases  in  the  Indian  Territory,  except  cases  over 
which  the  tribal  courts  have  exclusive  jurisdiction ;  and  in  all  cases  on 
contracts  entered  into  by  citizens  of  any  tribe  or  nations  with  citizens 
of  the  United  States  in  good  faith  and  for  valuable  consideration, 
and  in  accordance  with  the  laws  of  such  tribe  or  nation,  and  such 
contracts  shall  be  deemed  valid  and  enforced  by  such  courts;  and  in 
all  cases  over  which  jurisdiction  is  conferred  by  this  act  or  may 
hereafter  be  conferred  by  act  of  Congress ;  and  the  provisions  of  this 
act  hereinafter  set  forth  shall  apply  to  said  Indian  Territory  only. 

Sec.  30.  That  for  the  purpose  of  holding  terms  of  said  court,  said 
Indian  Territory  is  hereby  divided  into  three  divisions,  to  be  known 
as  the  first,  second,  and  third  division.  The  first  division  shall  con- 
sist of  the  country  occupied  by  the  Indian  tribes  in  the  Quapaw 
Indian  Agency  and  all  that  part  of  the  Cherokee  country  east  of 
the  ninety-sixth  meridian  and  all  of  the  Creek  country;  and  the 
place  for  holding  said  court  therein  shall  be  at  Muskogee.  The 
second  division  shall  consist  of  the  Choctaw  country,  and  the  place 
for  holding  said  court  therein  shall  be  at  South  McAlister.  The 
third  division  shall  consist  of  the  Chickasaw  and  Seminole  countries, 
and  the  place  for  holding  said  court  therein  shall  be  at  Ardmore. 
That  the  Attorney-General  of  the  United  States  may,  if  in  his  judg- 
ment it  shall  be  necessary,  appoint  an  assistant  attorney  for  said 
court.  And  the  clerk  of  said  court  shall  appoint  a  deputy  clerk  in 
each  of  said  divisions  in  which  said  clerk  does  not  himself  reside  at 
the  place  in  such  division  where  the"  terms  of  said  court  are  to  be 
held.  Such  denuty  clerk  shall  keep- his  office  and  reside  at  the  place 
appointed  for  ^.oMing  said  court  m  the  division  of  such  residence, 
and  shall  keep  the  records  of  said  court  for  such  division,  and  in  the 
absence  of  the  clerk  may  exercise  all  the  official  powers  of  the  clerk 
within  the  division  for  which  he  is  appointed:  Provided,  That  the 
appointment  of  such  deputies  shall  be  approved  by  said  United 


2954  Oklahoma— 1890 

States  court  in  the  Indian  Territory,  and  may  be  annulled  by  said 
court  at  its  pleasure,  and  the  clerk  shall  be  responsible  for  the  official 
acts  and  negligence  of  his  respective  deputies.  The  judge  of  said 
court  shall  hold  at  least  two  terms  of  said  court  each  year  in  each  of 
the  divisions  aforesaid,  at  such  regular  times  as  said  judge  shall 
fix  and  determine,  and  shall  be  paid  his  actual  traveling  expenses 
and  subsistence  while  attending  and  holding  court  at  places  other 
than  Muscogee.  And  jurors  for  each  term  of  said  court,  in  each 
division,  shall  be  selected  and  summoned  in  the  manner  provided  in 
said  act,  three  jury  commissioners  to  be  selected  by  said  court  for 
each  division,  who  shall  possess  all  the  qualifications  and  perform  in 
said  division  all  the  duties  required  of  the  jury  commissioners  pro- 
vided for  in  said  act.  All  prosecutions  for  crimes  or  offenses  here- 
after committed  in  said  Indian  Territory  shall  be  cognizable  within 
the  division  in  which  such  crime  or  offense  shall  have  been  commit- 
ted. And  all  civil  suits  shall  be  brought  in  the  division  in  which 
the  defendant  or  defendants  reside  or  may  be  found ;  but  if  there  be 
two  or  more  defendants  residing  in  different  divisions,  the  action 
may  be  brought  in  any  division  in  which  either  of  the  defendants 
resides  or  may  be  found.  And  all  cases  shall  be  tried  in  the  division 
in  which  the  process  is  returnable  as  herein  provided,  unless  said 
judge  shall  direct  such  case  to  be  removed  to  one  of  the  other  divi- 
sions: Provided,  however,  That  the  judicial  tribunals  of  the  Indian 
nations  shall  retain  exclusive  jurisdiction  in  all  civil  and  criminal 
cases  arising  in  the  country  in  which  members  of  the  nation  by  na- 
tivity or  by  adoption  shall  be  the  only  parties;  and  as  to  all  such 
cases  the  laws  of  the  State  of  Arkansas  extended  over  and  put  in 
force  in  said  Indian  Territory  by  this  act  shall  not  apply. 

Sec.  31.  That  certain  general  laws  of  the  State  of  Arkansas  in 
force  at  the  close  of  the  session  of  the  general  assembly  of  that  State 
of  eighteen  hundred  and  eighty-three,  as  published  in  eighteen  hun- 
dred and  eighty-four  in  the  volume  known  as  Mansfield's  Digest  of 
the  Statutes  of  Arkansas,  which  are  not  locally  inapplicable  or  in 
conflict  with  this  act  or  with  any  law  of  Congress,  relating  to  the 
subjects  specially  mentioned  in  this  section,  are  hereby  extended  over 
and  put  in  force  in  the  Indian  Territory  until  Congress  shall  other- 
wise provide,  that  is  to  say,  the  provisions  of  the  said  general  statutes 
of  Arkansas  relating  to  administration,  chapter  one,  and  the  United 
States  court  in  the  Indian  Territory  herein  referred  to  shall  have 
and  exercise  the  powers  of  courts  of  probate  under  said  laws ;  to  pub- 
lic administrators,  chapter  two,  and  the  United  States  marshal  of 
the  Indian  Territory  shall  perform  the  duties  imposed  by  said  chap- 
ter on  the  sheriffs  in  said  State;  to  arrest  and  bail,  civil,  chapter 
seven ;  to  assignment  for  benefit  of  creditors,  chapter  eight ;  to  attach- 
ments, chapter  nine;  to  attorneys  at  law,  chapter  eleven;  to  bills 
of  exchange  and  promissory  notes,  chapter  fourteen;  to  civil  rights, 
chapter  eighteen;  to  common  and  statute  law  of  England,  chap- 
ter twenty;  to  contempts,  chapter  twenty-six;  to  municipal  cor- 
porations, chapter  twenty-nine,  division  one ;  to  costs,  chapter  thirty ; 
to  descents  and  distributions,  chapter  forty-nine;  t^  divorce,  chap- 
ter fifty-two,  and  said  court  in  the  Indian  Territor/  shall  exercise 
the  powers  of  the  circuit  courts  of  Arkansas  under  this  chapter;  to 
dower,  chapter  fifty-two;  to  evidence,  chapter  fifty-nine;  to  exe- 
cution, chapter  sixty;  to  fees,  chapter  sixty-three;  to  forcible  entry 


Oklahoma— 1890  2955 

and  detainer,  chapter  sixty-seven;  to  frauds,  statute  of,  chapter 
sixty-eight;  to  fugitives  from  justice,  chapter  sixty-nine;  to  gam- 
ing contracts,  chapter  seventy;  to  guardians,  curators,  and  wards, 
chapter  seventy-three,  and  said  court  in  the  Indian  Territory  shall 
appoint  guardians  and  curators;  to  habeas  corpus,  chapter  seventy- 
four;  to  injunction,  chapter  eighty-one;  to  insane  persons  and  drunk- 
ards, chapter  eighty-two,  and  said  court  in  the  Indian  Territory 
shall  exercise  the  powers  of  the  probate  courts  of  Arkansas  under 
this  chapter;  to  joint  and  several  obligations  and  contracts,  chapter 
eighty-seven;  to  judgments  and  decrees,  chapter  eighty-eight;  to 
judgments  summary,  chapter  eighty-nine;  to  ]ury,  chapter  ninety; 
to  landlord  and  tenant,  chapter  ninety-two;  to  legal  notices  and 
advertisements,  chapter  ninety-four;  to  liens,  chapter  ninety-six;  to 
limitations,  chapter  ninety-seven;  to  mandamus  and  prohibition, 
chapter  one  hundred;  to  marriage  contracts,  chapter  one  hundred 
and  two;  to  marriages,  chapter  one  hundred  and  three;  to  married 
women,  chapter  one  hundred  and  four;  to  money  and  interest,  chap- 
ter one  hundred  and  nine;  to  mortgages,  chapter  one  hundred  and 
ten;  to  notaries  public,  chapter  one  hundred  and  eleven,  and  said 
court  in  the  Indian  Territory  shall  appoint  notaries  public  under 
this  chapter ;  to  partition  and  sale  of  lands,  chapter  one  hundred  and 
fifteen ;  to  pleadings  and  practice,  chapter  one  hundred  and  nineteen ; 
to  recorders,  chapter  one  hundred  and  twenty-six ;  to  replevin,  chap- 
ter one  hundred  and  twenty-eight;  to  venue,  change  of,  chapter 
one  hundred  and  fifty-three;  and  to  w^ills  and  testaments,  chapter 
one  hundred  and  fifty-five;  and  wherever  in  said  laws  of  Arkansas 
the  courts  of  record  of  said  State  are  mentioned  the  said  court  in  the 
Indian  Territory  shall  be  substituted  therefor;  and  wherever  the 
clerks  of  said  courts  are  mentioned  in  said  laws  the  clerk  of  said 
court  in  the  Indian  Territory  and  his  deputies,  respectively,  shall  be 
substituted  therefor;  and  wherever  the  sheriff  of  the  county  is  men- 
tioned in  said  laws  the  United  States  marshal  of  the  Indian  Terri- 
tory shall  be  substituted  therefor,  for  the  purpose,  in  each  of  the  cases 
mentioned,  of  making  said  laws  of  Arkansas  applicable  to  the  Indian 
Territory. 

That  no  attachment  shall  issue  against  improvements  on  real  estate 
while  the  title  to  the  land  is  vested  in  any  Indian  nation,  except 
w^here  such  improvements  have  been  made  by  persons,  companies,  or 
corporations  operating  coal  or  other  mines,  railroads,  or  other  indus- 
tries under  lease  or  permission  of  law  of  an  Indian  national  council, 
or  charter,  or  law  of  the  United    States. 

That  executions  upon  judgments  obtained  in  any  other  than  Indian 
courts  shall  not  be  valid  for  the  sale  or  conveyance  of  title  to  im- 
provements made  upon  lands  owned  by  an  Indian  nation,  except  in 
the  cases  wherein  attachments  are  provided  for.  Upon  a  return  of 
nulla  bona,  upon  an  execution  upon  any  judgment  against  an  adopted 
citizen  of  any  Indian  tribe,  or  against  any  person  residing  in  the 
Indian  country  and  not  a  citizen  thereof,  if  the  judgment  debtor 
shall  be  the  owner  of  any  improvements  upon  real  estate  within  the 
Indian  Territory  in  excess  of  one  hundred  and  sixty  acres  occupied 
as  a  homestead,  such  improvements  may  be  subjected  to  the  pay- 
ment of  such  judgment  by  a  decree  of  the  court  in  which  such  judg- 
ment was  rendered.  Proceedings  to  subject  such  property  to  the 
payment  of  judgments  may  be  by  petition,  of  which  the  judgment 


2956  Oklahoma— 1890 

debtor  shall  have  notice  as  in  the  original  suit.  If  on  the  hearing 
the  court  shall  be  satisfied  from  the  evidence  that  the  judgment 
debtor  is  the  owner  of  improvements  on  real  estate,  subject  to  the 
payment  of  said  judgment,  the  court  may  order  the  same  sold,  and 
the  proceeds,  or  so  much  thereof  as  may  be  necessary  to  satisfy  said 
judgment  and  costs,  applied  to  the  payment  of  said  judgment;  or  if 
the  improvement  is  of  sufficient  rental  value  to  discharge  the  judg- 
ment within  a  reasonable  time  the  court  may  appoint  a  receiver,  who 
shall  take  charge  of  such  property  and  apply  the  rental  receipts 
thereof  to  the  payment  of  such  judgment,  under  such  regulations  as 
the  court  may  prescribe.  If  under  such  proceeding  any  improve- 
ment is  sold  only  citizens  of  the  tribe  in  which  said  property  is  sit- 
uate may  become  the  purchaser  thereof. 

The  Constitution  of  the  United  States  and  all  general  laws  of  the 
United  States  which  prohibit  crimes  and  misdemeanors  in  any  place 
within  the  sole  and  exclusive  jurisdiction  of  the  United  States,  ex- 
cept in  the  District  of  Columbia,  and  all  laws  relating  to  national 
banking  associations  shall  have  the  same  force  and  effect  in  the 
Indian  Territory  as  elsewhere  in  the  United  States;  but  nothing  in 
this  act  shall  be  so  construed  as  to  deprive  any  of  the  courts  of  the 
civilized  nations  of  exclusive  jurisdiction  over  all  cases  arising 
wherein  members  of  said  nations,  whether  by  treaty,  blood,  or  adop- 
tion, are  the  sole  parties,  nor  so  as  to  interfere  with  the  right  and 
power  of  said  civilized  nations  to  punish  said  members  for  violation 
of  the  statutes  and  laws  enacted  by  their  national  councils  where 
such  laws  are  not  contrary  to  the  treaties  and  laws  of  the  United 
States. 

Sec.  32.  That  the  word  "  county,"  as  used  in  any  of  the  laws  of 
Arkansas  which  are  put  in  force  in  the  Indian  Territory  by  the  pro- 
visions of  this  act,  shall  be  construed  to  embrace  the  territory  within 
the  limits  of  a  judicial  division  in  said  Indian  Territory;  and  when- 
ever in  said  laws  of  Arkansas  the  word  "  county  "  is  used,  the  words 
"  judicial  division  "  may  be  substituted  therefor,  in  said  Indian  Ter- 
ritory, for  the  purposes  of  this  act.  And  whenever  in  said  laws  of 
Arkansas  the  word  "  State  "  or  the  words  "  State  of  Arkansas  "  are 
used,  the  word  "  Territory,"  or  the  words  "  Indian  Territory,"  may 
be  substituted  therefor,  for  the  purposes  of  this  act,  and  for  the  pur- 
pose of  making  said  laws  of  Arkansas  applicable  to  the  said  Indian 
Territory;  but  all  prosecutions  therein  shall  run  in  the  name  of  the 
"  United  States." 

Sec.  33.  That  the  provisions  of  chapter  forty-five  of  the  said  gen- 
eral laws  of  Arkansas,  entitled  "  Criminal  law,"  except  as  to  the 
crimes  and  misdemeanor  mentioned  in  the  provisos  to  this  section, 
and  the  provisions  of  chapter  forty-six  of  said  general  laws  of 
Arkansas,  entitled  "  Criminal  Procedure,"  as  far  as  they  are  appli- 
cable, are  hereby  extended  over  and  put  in  force  in  the  Indian  Ter- 
ritory, and  jurisdiction  to  enforce  said  provisions  is  hereby  con- 
ferred upon  the  United  States  court  therein :  Provided,  That  in  all 
cases  where  the  laws  of  the  United  States  and  the  said  criminal  laws 
of  Arkansas  have  j)rovided  for  the  punishment  of  the  same  offenses 
the  laws  of  the  United  States  shall  govern  as  to  such  offenses :  And 
provided  further,  That  the  United  States  circuit  and  district  courts, 
respectively,  for  the  western  district  of  Arkansas  and  the  eastern 
district  of  Texas,  respectively,  shall  continue  to  exercise  exclusive 


Oklahoma— 1890  2957 

jurisdiction  as  now  provided  by  law  in  the  Indian  Territory  as  de- 
fined in  this  act,  in  their  respective  districts  as  heretofore  estab- 
lished, over  all  crimes  and  misdemeanors  against  the  laws  of  the 
United  States  applicable  to  the  said  Territory,  which  are  punishable 
by  said  laws  of  the  United  States  by  death  or  by  imprisonment  at 
hard  labor,  except  as  otherwise  provided  in  the  following  sections  of 
this  act. 

Sec.  34.  That  original  jurisdiction  is  hereby  conferred  upon  the 
United  States  court  in  the  Indian  Territory  to  enforce  the  provisions 
of  title  twenty-eight,  chapters  three  and  four,  of  the  Revised  Stat- 
utes of  the  United  States  in  said  Territory,  except  the  offenses  defined 
and  embraced  in  sections  twenty-one  hundred  and  forty-two  and 
twenty-one  hundred  and  forty-three :  Provided,  That  as  to  the  viola- 
tions of  the  provisions  of  section  twenty-one  hundred  and  thirty-nine 
of  said  Revised  Statutes,  the  jurisdiction  of  said  court  in  the  Indian 
Territory  shall  be  concurrent  with  the  jurisdiction  exercised  in  the 
enforcement  of  such  provisions  by  the  United  States  courts  for  the 
western  district  of  Arkansas  and  the  eastern  district  of  Texas :  Pro- 
vided, That  all  violations  of  said  chapters  three  and  four,  prior  to  the 
passage  of  this  act,  shall  be  prosecuted  in  the  said  United  States 
courts,  respectively,  the  same  as  if  this  act  had  not  been  passed. 

Sec.  35.  That  exclusive  original  jurisdiction  is  hereby  conferred 
upon  the  United  States  court  in  the  Indian  Territory  to  enforce  the 
provisions  of  chapter  four,  title  seventy,  of  the  Revised  Statutes  of 
the  United  States  entitled  "  Crimes  against  justice,"  in  all  cases 
where  the  crimes  mentioned  therein  are  committed  in  any  judicial 
proceeding  in  the  Indian  Territory  and  where  such  crimes  affect  or 
impede  the  enforcement  of  the  laws  in  the  courts  established  in  said 
Territory :  Provided,  That  all  violations  of  the  provisions  of  said 
chapter  prior  to  the  passage  of  this  act  sliall  be  prosecuted  in  the 
United  States  courts  for  the  western  district  of  Arkansas  and  the 
eastern  district  of  Texas,  respectively,  the  same  as  if  this  act  had  not 
been  passed. 

Sec.  36.  That  jurisdiction  is  hereby  conferred  upon  the  United 
States  court  in  the  Indian  Territory  over  all  controversies  arising 
between  members  or  citizens  of  one  tribe  or  nation  of  Indians  and 
the  members  or  citizens  of  other  tribes  or  nations  in  the  Indian  Ter- 
ritory, and  any  citizen  or  member  of  one  tribe  or  nation  who  may 
commit  any  offense  or  crime  against  the  person  or  property  of  a  cit- 
izen or  member  of  another  tribe  or  nation  shall  be  subject  to  the  same 
punishment  in  the  Indian  Territory  as  he  would  be  if  both  parties 
were  citizens  of  the  United  States.  And  any  member  or  citizen  of 
any  Indian  tribe  or  nation  in  the  Indian  Territory  shall  have  the 
right  to  invoke  the  aid  of  said  court  therein  for  the  protection  of 
his  person  or  property  as  against  any  person  not  a  member  of  the 
same  tribe  or  nation,  as  though  he  were  a  citizen  of  the  United  States. 

Sec.  37.  That  if  any  person  shall,  in  the  Indian  Territory,  open, 
carry  on,  promote,  make  or  draw,  publicly  or  privately,  any  lottery, 
or  scheme  of  chance  of  any  kind  or  description,  by  whatever  name, 
style  or  title  the  same  may  be  denominated  or  known,  or  shall,  in  said 
Territory,  vend,  sell,  barter  or  dispose  of  any  lottery  ticket  or  tickets, 
order  or  orders,  device  or  devices,  of  any  kind,  for,  or  representing 
any  number  of  shares  or  any  interest  in  any  lottery  or  scheme  of 
chance,  or  shall  open  or  establish  as  owner  or  otherwise  any  lottery 


2958  Oklahoma— 1890 

or  scheme  of  chance  in  said  Territory,  or  shall  be  in  any  wise  con- 
cerned in  any  lottery  or  scheme  of  chance,  by  acting  as  owner  or  agent 
in  said  Territory,  for  or  on  behalf  of  any  lottery  or  scheme  of  chance, 
to  be  drawn,  paid  or  carried  on,  either  out  of  or  within  said  Terri- 
tory, every  such  person  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  fined  for  the  first  offense,  not  exceeding 
five  hundred  dollars,  and  for  the  second  offense  shall,  on  conviction, 
be  fined  not  less  than  five  hundred  dollars  and  not  exceeding  five 
thousand,  and  he  may  be  imprisoned,  in  the  discretion  of  the  court, 
not  exceeding  one  year.  And  jurisdiction  to  enforce  the  provisions 
of  this  section  is  hereby  conferred  upon  the  United  States  court  in 
said  Indian  Territory,  and  all  persons  therein,  including  Indians 
and  members  and  citizens  of  Indian  tribes  and  nations,  shall  be  sub- 
ject to  its  provisions  and  penalties. 

Sec.  38.  The  clerk  and  deputy  clerks  of  said  United  States  court 
shall  have  the  power  within  their  respective  divisions  to  issue  mar- 
riage licenses  or  certificates  and  to  solemnize  marriages.  They  shall 
keep  copies  of  all  marriage  licenses  or  certificates  issued  by  them, 
and  a  record  book  in  which  shall  be  recorded  all  licenses  or  certifi- 
cates after  the  marriage  has  been  solemnized,  and  all  persons  author- 
ized by  law  to  solemnize  marriages  shall  return  the  license  or  certifi- 
cate, after  executing  the  same,  to  the  clerk  or  deputy  clerk  who  issued 
it,  together  with  his  return  thereon.  They  shall  also  be  ex-officio 
recorders  within  tl^eir  respective  divisions,  and  as  such  they  shall 
perform  such  duties  as  are  required  of  recorders  of  deeds  under  the 
said  laws  of  Arkansas,  and  receive  the  fees  and  compensation  there- 
for which  are  provided  in  said  laws  of  Arkansas  for  like  service: 
Provided,  That  all  marriages  heretofore  contracted  under  the  laws 
or  tribal  customs  of  any  Indian  nation  now  located  in  the  Indian 
Territory  are  hereby  declared  valid,  and  the  issue  of  such  marriages 
shall  be  deemed  legitimate  and  entitled  to  all  inheritance  of  prop- 
erty or  other  rights,  the  same  as  in  the  case  of  the  issue  of  other 
forms  of  lawful  marriage:  Provided  further,  That  said  chapter 
one  hundred  and  three  of  said  laws  of  Arkansas  shall  not  be  con- 
strued so  as  to  interfere  with  the  operation  of  the  laws  governing 
marriage  enacted  by  any  of  the  civilized  tribes,  nor  to  confer  any 
authority  upon  any  officer  of  said  court  to  unite  a  citizen  of  the 
United  States  in  marriage  with  a  member  of  any  of  the  civilized 
nations  until  the  preliminaries  to  such  marriage  shall  have  first' been 
arranged  according  to  the  laws  of  the  nation  of  which  said  Indian 
person  is  a  member:  And  provided  further,  That  where  such  mar- 
riage is  required  by  law  of  an  Indian  nation  to  be  of  record,  the  cer- 
tificate of  such  marriage  shall  be  sent  for  record  to  the  proper  officer, 
as  provided  in  such  law  enacted  by  the  Indian  nation. 

Sec.  39.  That  the  United  States  court  in  the  Indian  Territory  shall 
have  all  the  powers  of  the  United  States  circuit  courts  or  circuit 
court  judges  to  appoint  commissioners  within  said  Indian  Territory, 
who  shall  be  learned  in  the  law,  and  shall  be  known  as  United  States 
commissioners;  but  not  exceeding  three  commissioners  shall  be 
appointed  for  any  one  division,  and  such  commissioners  when 
appointed  shall  have,  within  the  district  to  be  designated  in  the  Order 
appointing  them,  all  the  powers  of  commissioners  of  circuit  courts 
of  the  United  States.  They  shall  be  ex  officio  notaries  public,  and 
shall  have  power  to  solemnize  marriages.     The  provisions  of  chapter 


Oklahoma— 1890  2959 

ninety-one  of  the  said  laws  of  Arkansas,  regulating  the  jurisdiction 
and  procedure  before  justices  of  the  peace,  are  hereby  extended 
over  the. Indian  Territory;  and  said  commissioners  shall  exercise  all 
the  powers  conferred  by  the  laws  of  Arkansas  upon  justices  of  the 
peace  within  their  districts;  but  they  shall  have  no  jurisdiction  to 
try  any  cause  where  the  value  of  the  thing  or  the  amount  in  contro- 
versy exceeds  one  hundred  dollars. 

Appeals  may  be  taken  from  the  final  judgment  of  said  commis- 
sioners to  the  United  States  court  in  said  Indian  Territory  in  all 
cases  and  in  the  same  manner  that  appeals  may  be  taken  from  ^he 
final  judgments  of  justices  of  the  peace  under  the  provisions  of  said 
chapter  ninety-one.  The  said  court  may  appoint  a  constable  for 
each  of  the  commissioner's  districts  designated  by  the  court,  and  the 
constable  so  appointed  shall  perform  all  the  duties  required  of  con- 
stables under  the  provision  of  chapter  twenty- four  and  other  laws 
of  the  State  of  Arkansas.  Each  commissioner  and  constable  shall 
execute  to  the  United  States,  for  the  security  of  the  public,  a  good 
and  sufficient  bond,  in  the  sum  of  five  thousand  dollars,  to  be  approved 
by  the  judge  appointing  him,  conditioned  that  he  will  faithfully 
discharge  the  duties  of  his  office  and  account  for  all  moneys  coming 
into  his  hands,  and  he  shall  take  ah  oath  to  support  the  Constitution 
of  the  United  States  and  to  faithfully  perform  the  duties  required 
of  him. 

The  appointments  of  United  States  commissioners  by  said  court 
held  at  Muscogee,  in  the  Indian  Territory,  heretofore  made,  and  all 
acts  in  pursuance  of  law  and  in  good  faith  performed  by  them,  are 
hereby  ratified  and  validated. 

Sec.  40.  That  persons  charged  with  any  offense  or  crimfe  in  the 
Indian  Territory,  and  for  whose  arrest  a  warrant  has  been  issued, 
may  be  arrested  by  the  United  States  marshal  or  any  of  his  deputies, 
wherever  found  in  said  Territory,  but  in  all  cases  the  accused  shall 
be  taken,  for  preliminary  examination,  before  the  commissioner  in 
the  judicial  division  whose  office  or  place  of  business  is  nearest  by 
the  route  usually  traveled  to  the  place  where  the  offense  or  crime 
was  committed ;  but  this  section  shall  apply  only  to  crimes  or  offenses 
over  which  the  courts  located  in  the  Indian  Territory  have  jurisdic- 
tion: Provided,  That  in  all  cases  Avhere  persons  have  been  brought 
before  a  United  States  commissioner  in  the  Indian  Territory  for  pre- 
liminary examination,  charged  with  the  commission  of  anv  crime 
therein,  and  where  it  appears  from  the  evidence  that  a  crime  has 
been  committed,  and  that  there  is  probable  cause  to  believe  the  ac- 
cused guilty  thereof,  but  that  the  crime  is  one  over  which  the  courts 
in  the  Indian  Territory  have  no  jurisdiction,  the  accused  shall  not, 
on  that  account,  be  discharged,  but  the  case  shall  be  proceeded  with 
as  provided  in  section  ten  hundred  and  fourteen  of  the  Revised  Stat- 
utes of  the  United  States. 

Sec.  41.  That  the  judge  of  the  United  States  court  in  the  Indian 
Territory  shall  have  the  same  power  to  extradite  persons  who 
have  taken  refuge  in  the  Indian  Territory,  charged  with  crimes  in 
the  States  or  other  Territories  of  the  United  States,  that  may  now 
be  exercised  by  the  governor  of  Arkansas 'in  that  State,  and  he  may 
issue  requisitions  upon  governors  of  States  and  other  Territories  for 
persons  who  have  committed  offenses  in  the  Indian  Territory,  and 
who  have  taken  refuge  in  such  States  or  Territories. 


2960  Oklahoma— 1906 

Sec.  42.  That  appeals  and  writs  of  error  may  be  taken  and  prose- 
cuted from  the  decisions  of  the  United  States  court  in  the  Indian 
Territory  to  the  Supreme  Court  of  the  United  States  in  the  same 
manner  and  under  the  same  regulations  as  from  the  circuit  courts  of 
the  United  States,  except  as  otherwise  provided  in  this  act. 

Sec.  43.  That  any  member  of  any  Indian  tribe  or  nation  residing 
in  the  Indian  Territory  may  apply  to  the  United  States  court  therein 
to  become  a  citizen  of  the  United  States,  and  such  court  shall  have 
jurisdiction  thereof  and  shall  hear  and  determine  such  application 
as  provided  in  the  statutes  of  the  United  States;  and  the  Confeder- 
ated Peoria  Indians  residing  in  the  Quapaw  Indian  Agency,  who 
have  heretofore  or  who  may  hereafter  accept  their  land  in  severalty 
under  any  of  the  allotment  laws  of  the  United  States,  shall  be  deemed 
to  be,  and  are  hereby,  declared  to  be  citizens  of  the  United  States 
from  and  after  the  selection  of  their  allotments,  and  entitled  to  all 
the  rights,  privileges,  and  benefits  as  such,  and  parents  are  hereby 
declared  from  that  time  to  have  been  and  to  be  the  legal  guardians 
of  their  minor  children  without  process  of  court :  Provided,  That  the 
Indians  who  become  citizens  of  the  United  States  under  the  provisions 
of  this  act  do  not  forfeit  or  lose  any  rights  or  privileges  they  enjoy 
or  are  entitled  to  as  members  of  the  tribe  or  nation  to  which  they 
belong. 

Sec.  44.  That  the  following  sum,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherw^ise  appropriated,  to  be  disbursed  under  the  direction  of 
the  Attorney-General  of  the  United  States,  in  the  same  manner  that 
similar  appropriations  are  disbursed  in  the  other  Territories  of  the 
United  States,  namely : 

To  pay  the  actual  traveling  and  other  expenses  of  the  judge  of  the 
United  States  court  holding  court  in  said  Indian  Territory  other 
than  at  Muscogee ;  to  pay  for  the  rent  of  buildings  for  the  court ;  to 
provide  jails  and  support  prisoners;  to  pay  mileage  and  per  diem 
of  jurors  and  witnesses;  to  provide  books,  records,  and  stationery 
for  the  judicial  offices  for  the  remainder  of  the  fiscal  year  ending 
June  thirtieth,  eighteen  hundred  and  ninety,  the  sum  of  ten  thousand 
dollars. 

Approved,  May  2,  1890. 


ENABLING  ACT  FOR  OKLAHOMA— 1906 

[Fifty-ninth  Congress,  First  Session] 

An  Act  to  enable  the  people  of  Oklahoma  and  of  the  Indian  Territory  to  form  a 
constitution  and  State  government  and  be  admitted  into  the  Union  on  an  equal 
footing  with  the  original  States ;  and  to  enable  the  people  of  New  Mexico  and 
of  Arizona  to  form  a  constitution  and  State  government  and  be  admitted  into 
the  Union  on  an  equal  footing  with  the  original  States  ^ 

Be  it  enacted  hy  the  Senate  and  Hou^e  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  the  inhabitants 
of  all  that  part  of  the  area  of  the  United  States  now  constituting  the 
Territory  of  Oklahoma  and  the  Indian  Territory,  as  at  present  de- 
scribed, may  adopt  a  constitution  and  become  the  State  of  Oklahoma, 


Oklahoma— 1906  2961 

as  hereinafter  provided:  Provided,  That  nothing  contained  in  the 
said  constitution  shall  be  construed  to  limit  or  impair  the  rights  of 
person  or  property  pertaining  to  the  Indians  of  said  Territories  (so 
long  as  such  rights  shall  remain  unextinguished)  or  to  limit  or  affect 
the  authority  of  the  Government  of  the  United  States  to  make  any 
law  or  regulation  respecting  such  Indians,  their  lands,  property,  or 
other  rights  by  treaties,  agreement,  law,  or  otherwise,  which  it  would 
have  been  competent  to  make  if  this  Act  had  never  been  passed. 

Sec.  2.  That  all  male  persons  over  the  age  of  twenty-one  years,  who 
are  citizens  of  the  United  States,  or  who  are  members  of  any  Indian 
nation  or  tribe  in  said  Indian  Territory  and  Oklahoma,  and  who  have 
resided  within  the  limits  of  said  proposed  State  for  at  least  six  months 
next  preceding  the  election,  are  hereby  authorized  to  vote  for  and 
choose  delegates  to  form  a  constitutional  convention  for  said  proposed 
State;  and  all  persons  qualified  to  vote  for  said  delegates  shall  be 
eligible  to  serve  as  delegates ;  and  the  delegates  to  form  such  conven- 
tion shall  be  one  hundred  and  twelve  in  number,  fifty-five  of  whom 
shall  be  elected  by  the  people  of  the  Territory  of  Oklahoma,  and 
fifty-five  by  the* people  of  Indian  Territory,  and  two  shall  be  elected 
by  the  electors  residing  in  the  Osage  Indian  Reservation  in  the  Ter- 
ritory of  Oklahoma;  and  the  governor,  the  chief  justice,  and  the 
secretary  of  the  Territory  of  Oklahoma  shall  apportion  the  Terri- 
tory of  Oklahoma  into  fifty-six  districts,  as  nearly  equal  in  population 
as  may  be,  except  that  such  apportionment  shall  include  as  one  district 
the  Osage  Indian  Reservation,  and  the  governor,  the  chief  justice,  and 
the  secretary  of  the  Territory  of  Oklahoma  shall  appoint  an  election 
commissioner  who  shall  establish  voting  precincts  in  said  Osage  Indian 
Reservation,  and  shall  appoint  the  judges  for  election  in  said  Osage 
Indian  Reservation;  and  two  delegates  shall  be  elected  from  said 
Osage  district;  and  the  Commissioner  to  the  Five  Civilized  Tribes, 
and  two  judges  of  the  United  States  courts  for  the  Indian  Territory, 
to  be  designated  by  the  President,  shall  constitute  a  board,  which  shall 
apportion  the  said  Indian  Territory  into  fifty-five  districts,  as  nearly 
equal  in  population  as  may  be,  and  one  delegate  shall  be  elected  from 
each  of  said  districts;  and  the  governor  of  said  Oklahoma  Territory, 
together  with  the  judge  senior  m  service  of  the  United  States  courts 
in  Indian  Territory,  shall,  by  proclamation  in  which  such  appor- 
tionment shall  be  fully  specified  and  announced,  order  an  election 
of  the  delegates  aforesaid  in  said  proposed  State  at  a  time  designated 
by  them  within  six  months  after  the  approval  of  this  Act,  which 
proclamation  shall  be  issued  at  least  sixty  days  prior  to  the  time  of 
holding  said  election  of  delegates.  The  election  for  delegates  in  the 
Territory  of  Oklahoma  and  in  said  Indian  Territory  shall  be  con- 
ducted, the  returns  made,  the  result  ascertained,  and  the  certificates  of 
all  persons  elected  to  such  convention  issued  in  the  same  manner  as  is 
prescribed  by  the  laws  of  the  Territory  of  Oklahoma  regulating 
elections  for  Delegates  to  Congress.  That  the  election  laws  of  the 
Territory  of  Oklahoma  now  in  force,  as  far  as  applicable  and  not  in 
conflict  with  this  Act,  including  the  penal  laws  or  said  Territory  of 
Oklahoma  relating  to  elections  and  illegal  voting,  are  hereby  extended 
to  and  put  in  force  in  said  Indian  Territory  until  the  legislature  of 
said  proposed  State  shall  otherwise  provide,  and  until  all  persons 
offending  against  said  laws  in  the  election  aforesaid  shall  have  been 


2962  Oklahoma— 1906 

dealt  with  in  the  manner  therein  provided.  And  the  United  States 
courts  of  said  Indian  Territory  shall  have  the  same  power  to  enforce 
the  laws  of  the  Territory  of  Oklahoma,  hereby  extended  to  and  pnt  in 
fofce  in  said  Territory,  as  have  the  courts  of  the  Territory  of  Okla- 
homa :  Provided,  however,  That  said  board  to  apportion  districts  in 
Indian  Territory  shall,  for  the  purpose  of  said  election,  appoint  an 
election  commissioner  for  each  district  who  shall  distribute  all  ballots 
and  election  supplies  to  the  several  precincts  in  his  district,  receive 
the  election  returns  from  the  judges  in  precincts,  and  deliver  the  same 
to  the  canvassing  board  herein  named,  establish  and  define  the  neces- 
sary election  precincts,  and  appoint  three  judges  of  election  for  each 
precinct,  not  more  than  two  of  whom  shall  be  of  the  same  political 
party,  which  judges  may  appoint  the  necessary  clerk  or  clerks;  that 
said  judges  of  election,  so  appointed,  shall  supervise  the  election  in 
their  respective  precincts,  and  canvass  and  make  due  return  of  the  vote 
cast,  to  the  election  commissioner  for  said  district  who  shall  deliver 
said  returns,  poll  books,  and  ballots  to  said  board,  which  shall  consti- 
tute the  ultimate  and  final  canvassing  board  of  said  election,  and  they 
shall  issue  certificates  of  election  to  all  persons  elected  to  such  conven- 
tion from  the  various  districts  of  the  Indian  Territory,  and  their 
certificates  of  election  shall  be  prima  facie  evidence  as  to  the  election 
of  delegates:  Provided  further,  That  in  said  Indian  Territory  and 
Osage  Indian  Reservation,  nominations  for  delegate  to  said  constitu- 
tional convention  may  be  made  by  convention,  by  the  Republican, 
Democratic,  and  People's  Party,  or  by  petition  in  the  manner  pro- 
vided by  the  laws  of  the  Territory  of  Oklahoma ;  and  certificates  and 
petitions  of  nomination  in  said  Indian  Territory  shall  be  filed  with 
the  districting  and  canvassing  board  who  shall  perform  the  duties  of 
election  commissioner  under  said  law,  and  shall  prepare,  print,  and 
distribute  all  ballots,  poll  books,  and  election  supplies  necessary  for 
the  holding  of  said  election  under  said  laws.  The  capital  of  said 
State  shall  temporarily  be  at  the  city  of  Guthrie,  in  the  present  Ter- 
ritory of  Oklahoma  and  shall  not  be  changed  therefrom  previous  to 
anno  Domini  nineteen  hundred  and  thirteen,  but  said  capital  shall, 
after  said  year,  be  located  by  the  electors  of  said  State  at  an  election 
to  be  provided  for  by  the  legislature:  Provided,  however,  That  the 
legislature  of  said  State,  except  as  shall  be  necessary  for  the  conven- 
ient transaction  of  the  public  business  of  said  State  at  said  capital, 
shall  not  appropriate  any  public  moneys  of  the  State  for  the  erection 
of  buildings  for  capitol  purposes  during  such  period. 

Sec.  3.  That  the  delegates  to  the  convention  thus  elected  shall  meet 
at  the  seat  of  government  of  said  Oklahoma  Territory  on  the  second 
Tuesday  after  their  election,  excluding  the  day  of  election  in  case  such 
day  shall  be  Tuesday,  but  they  shall  not  receive  compensation  for 
more  than  sixty  days  of  service,  and,  after  organization,  shall  declare, 
on  behalf  of  the  people  of  said  proposed  State,  that  they  adopt  the 
Constitution  of  the  United  States;  whereupon  the  said  convention 
shall,  and  is  hereby  authorized  to,  form  a  constitution  and  State  gov- 
ernment for  said  proposed  State.  The  constitutions  shall  be  repub- 
lican in  form,  and  make  no  distinction  in  civil  or  political  rights  on 
account  of  race  or  color,  and  shall  not  be  repugnant  to  the  Constitu- 
tion of  the  United  States  and  the  principles  of  the  Declaration  of 
Independence.  And  said  convention  shall  provide  in  said  consti- 
tution— 


Oklahoma— 1906  2963 

First.  That  perfect  toleration  of  religious  sentiment  shall  be  se- 
cured, and  that  no  inhabitant  of  said  State  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious  wor- 
ship, and  that  polygamous  or  plural  marriages  are  forever  pro- 
hibited. 

Second.  That  the  manufacture,  sale,  barter,  giving  away,  or  other- 
wise furnishing,  except  as  hereinafter  provided,  of  intoxicating 
liquors  within  those  parts  of  said  State  now  known  as  the  Indian 
Territory  and  the  Osage  Indian  Reservation  and  within  any  other 
parts  of  said  State  which  existed  as  Indian  reservations  on  the  first 
day  of  January,  nineteen  hundred  and  six,  is  prohibited  for  a  period 
of  twenty-one  years  from  the  date  of  the  admission  of  said  State  into 
the  Union,  and  thereafter  until  the  people  of  said  State  shall  other- 
wise provide  by  amendment  of  said  constitution  and  proper  State 
legislation.  Any  person,  individual  or  corporate,  who  shall  manu- 
facture, sell,  barter,  give  away,  or  otherwise  furnish  any  intoxicating 
liquor  of  any  kind,  including  beer,  ale,  and  wine,  contrary  to  the  pro- 
visions of  this  section,  or  who  shall,  within  the  above-described  por- 
tions of  said  State,  advertise  for  sale  or  solicit  the  purchase  of  any  such 
liquors,  or  who  shall  ship  or  in  any  way  convey  such  liquors  from  other 
parts  of  said  State  into  the  portions  hereinbefore  described,  shall  be 
punished,  on  conviction  thereof,  by  fine  not  less  than  fifty  dollars  and 
by  imprisonment  not  less  than  thirty  days  for  each  offense :  Pro  vided, 
That  the  legislature  may  provide  by  law  for  one  agency  under  the 
supervision  of  said  State  in  each  incorporated  town  of  not  less  than 
two  thousand  population  in  the  portions  of  said  State  hereinbefore 
described;  and  if  there  be  no  incorporated  town  of  two  thousand 
population  in  any  county  in  said  portions  of  said  State,  such  county 
shall  be  entitled  to  have  one  such  agency,  for  the  sale  of  such  liquors 
for  medicinal  purposes;  and  for  the  sale,  for  industrial  purposes,  of 
alcohol  which  shall  have  been  denaturized  by  some  process  approved 
by  the  United  States  Commissioner  of  Internal  Revenue ;  and  for  the 
sale  of  alcohol  for  scientific  purposes  to  such  scientific  institutions, 
universities,  and  colleges  as  are  authorized  to  procure  the  same  free 
of  tax  under  the  laws  of  the  United  States ;  and  for  the  sale  of  such 
liquors  to  any  apothecary  who  shall  have  executed  an  approved  bond, 
in  a  sum  not  less  than  one  thousand  dollars,  conditioned  that  none 
of  such  liquors  shall  be  used  or  disposed  of  for  any  purpose  other  than 
in  the  compounding  of  prescriptions  or  other  medicines,  the  sale  of 
which  would  not  subject  him  to  the  payment  of  the  special  tax 
required  of  liquor  dealers  by  the  United  States,  and  the  payment  of 
such  special  tax  by  any  person  within  the  parts  of  said  State  herein- 
above defined  shall  constitute  prima  facie  evidence  of  his  intention 
to  violate  the  provisions  of  this  section.  No  sale  shall  be  made  except 
upon  the  sworn  statement  of  the  applicant  in  writing  setting  forth 
the  purpose  for  which  the  liquor  is  to  be  used,  and  no  sale  shall  be 
made  for  medicinal  purposes  except  sales  to  apothecaries  as  here- 
inabove provided  unless  such  statement  shall  be  accompanied  by  a 
bona  fide  prescription  signed  by  a  regular  practicing  physician, 
which  prescription  shall  not  be  filled  more  than  once.  Each  sale  shall 
be  duly  registered,  and  the  register  thereof,  together  with  the  affi- 
davits and  prescriptions  pertaining  thereto,  shall  be  open  to  inspec- 
tion by  any  officer  or  citizen  of  said  State  at  all  times  during  business 
hours.     Any  person  who  shall    knowingly  make  a  false  affidavit  for 

7254— VOL  5—09 28 


2964  Oklahoma— 1906 

the  purpose  aforesaid  shall  be  deemed  guilty  of  perjury.  Any  phy- 
sician who  shall  prescribe  any  such  liquor,  except  for  treatment  of 
disease  which  after  his  own  personal  diagnosis  he  shall  deem  to 
require  such  treatment,  shall,  upon  conviction  thereof,  be  punished 
for  each  offense  by  fine  of  not  less  than  two  hundred  dollars  or  by 
imprisonment  for  not  less  than  thirty  days,  or  by  both  such  fine  and 
imprisonment;  and  any  person  connected  with  any  such  agency  who 
shall  be  convicted  of  making  any  sale  or  other  disposition  of  liquor 
contrary  to  these  provisions  shall  be  punished  by  imprisonment  for 
not  less  than  one  year  and  one  day.  Upon  the  admission  of  said  State 
into  the  Union  these  provisions  shall  be  immediately  enforceable  in 
the  courts  of  said  State. 

Third.  That  the  people  inhabiting  said  proposed  State  do  agree 
and  declare  that  they  forever  disclaim  all  right  and  title  in  or  to  any 
unappropriated  public  lands  lying  within  the  boundaries  thereof,  and 
to  all  lands  lying  w^ithin  said  limits  owned  or  held  by  any  Indian, 
tribe,  or  nation ;  and  that  until  the  title  to  any  such  public  land  shall 
have  been  extinguished  by  the  United  States,  the  same  shall  be  and 
remain  subject  to  the  jurisdiction,  disposal,  and  control  of  the  United 
States.  That  land  belonging  to  citizens  of  the  United  States  resid- 
ing without  the  limits  of  said  State  shall  never  be  taxed  at  a  higher 
rate  than  the  land  belonging  to  residents  thereof ;  that  no  taxes  shall 
be  imposed  by  the  State  on  lands  or  property  belonging  to  or  which 
may  hereafter  be  purchased  by  the  United  States  or  reserved  for 
its  use. 

Fourth.  That  the  debts  and  liabilities  of  said  Territory  of  Okla- 
homa shall  be  assumed  and  paid  by  said  State. 

Fifth.  That  provisions  shall  be  made  for  the  establishment  and 
maintenance  of  a  system  of  public  schools,  which  shall  be  open  to 
all  the  children  of  said  State  and  free  from  sectarian  control;  and 
said  schools  shall  always  be  conducted  in  English:  Provided,  That 
nothing  herein  shall  preclude  the  teaching  of  other  languages  in  said 
public  schools:  And  provided  further,  That  this  shall  not  be  con- 
strued to  prevent  the  establishment  and  maintenance  of  separate 
schools  for  white  and  colored  children. 

Sixth.  That  said  State  shall  never  enact  any  law  restricting  or 
abridging  the  right  of  suffrage  on  account  of  race,  color,  or  previous 
condition  of  servitude. 

Sec.  4.  That  in  case  a  constitution  and  State  government  shall  be 
formed  in  compliance  with  the  provisions  of  this  Act  the  convention 
forming  the  same  shall  provide  by  ordinance  for  submitting  said  con- 
stitution to  the  people  of  said  proposed  State  for  its  ratification  or 
rejection  at  an  election  to  be  held  at  a  time  fixed  in  said  ordinance,  at 
which  election  the  qualified  voters  for  said  proposed  State  shall  vote 
directly  for  or  against  the  proposed  constitution,  and  for  or  against 
any  provisions  separately  submitted.  The  returns  of  said  election 
shall  be  made  to  the  secretary  of  the  Territory  of  Oklahoma,  who, 
with  the  chief  justice  thereof  and  the  senior  judge  of  the  United 
States  court  of  appeals  for  the  Indian  Territory,  shall  canvass  the 
same;  and  if  a  majority  of  the  legal  votes  cast  on  that  question  shall 
be  for  the  constitution  the  governor  of  Oklahoma  Territory  and  the 
judge  senior  in  service  of  the  United  States  court  of  appeals  for  the 
Indian  Territory  shall  certify  the  result  to  the  President  of  the 
United  States,  together  with  the  statement  of  the  votes  cast  thereon. 


Oklahoma— 1906  2965 

and  upon  separate  articles  or  propositions  and  a  copy  of  said  consti- 
tution, articles,  propositions,  and  ordinances.  And  if  the  constitu- 
tion and  government  of  said  proposed  State  are  republican  in  form, 
and  if  the  provisions  in  this  Act  have  been  complied  with  in  the 
formation  thereof,  it  shall  be  the  duty  of  the  President  of  the  United 
States,  within  twenty  days  from  the  receipt  of  the  certificate  of  the 
result  of  said  election  and  the  statement  of  votes  cast  thereon  and  a 
copy  of  said  constitution,  articles,  propositions,  and  ordinances,  to  issue 
his  proclamation  announcing  the  result  of  said  election;  and  there- 
upon the  proposed  State  of  Oklahoma  shall  be  deemed  admitted  by 
Congress  into  the  Union,  under  and  by  virtue  of  this  Act,  on  an  equal 
footing  with  the  original  States.  The  original  of  said  constitution, 
articles,  propositions,  and  ordinances,  and  the  election  returns,  and 
a  copy  of  the  statement  of  the  votes  cast  at  said  election,  shall  be  for- 
warded and  turned  over  by  the  secretary  of  the  Territory  of  Okla- 
homa to  the  State  authorities  of  said  State. 

Sec.  5.  That  the  sum  of  one  hundred  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of  any  money 
in  the  Treasury  not  otherwise  appropriated,  for  the  defraying  of  the 
expenses  of  the  elections  provided  for  in  this  Act,  and  said  conven- 
tion, and  for  the  payment  of  the  members  thereof,  under  the  same 
rules  and  regulations  and  at  the  same  rates  as  are  now  provided  by 
law  for  the  payment  of  the  Territorial  legislature  of  the  Territory  of 
Oklahoma,  and  the  disbursements  of  the  money  appropriated  by  this 
section  shall  be  made  by  the  secretary  of  the  Territory  of  Oklahoma. 

Sec.  6.  That  until  the  next  general  census,  or  until  otherwise  pro- 
vided by  law,  the  said  State  of  Oklahoma  shall  be  entitled  to  five- 
Representatives  in  the  House  of  Representatives  of  the  United  States, 
to  be  elected  from  the  following-described  districts,  the  boundaries 
of  which  shall  remain  the  same  until  the  next  general  census: 

That  district  numbered  one  shall  comprise  the  counties  of  Grant, 
Kay,  Garfield,  Noble,  Pawnee,  Kingfisher,  Logan,  Payne,  Lincoln, 
and  the  territory  comprising  the  Osage  and  Kansas  Indian  reser- 
vations. 

That  district  numbered  two  shall  comprise  the  counties  of  Okla- 
homa, Canadian,  Blaine,  Caddo,  Custer,  Dewey,  Day,  Woods,  Wood- 
ward, and  Beaver. 

That  district  numbered  three  shall  (with  the  exception  of  that 
part  of  recording  district  numbered  twelve,  which  is  in  the  Cherokee 
and  Creek  nations)  comprise  all  the  territory  now  constituting  the 
Cherokee,  Creek,  and  Seminole  nations,  and  the  Indian  reservations 
lying  northeast  of  the  Cherokee  Nation,  within  said  State. 

That  district  numbered  four  shall  comprise  all  that  territory  now 
constituting  the  Choctaw  Nation,  that  part  of  recording  district 
numbered  twelve  which  is  in  the  Cherokee  and  Creek  nations,  that 
part  of  recording  district  numbered  twenty-five  which  is  in  the 
Chickasaw  Nation,  and  the  territory  comprising  recording  districts 
numbered,  sixteen,  twenty-one,  twenty-two,  and  twenty-six,  in  the 
Indian  Territory. 

That  district  numbered  five  shall  comprise  the  counties  of  Greer, 
Roger  Mills,  Kiowa,  Washita,  Comanche,  Cleveland,  and  Pottawato- 
mie, and  the  territory  comprising  recording  districts  numbered  seven- 
teen, eighteen,  nineteen,  and  twenty,  in  the  Chickasaw  Nation, 
Indian  Territory. 


2966  Oklahoma— 1906 

And  the  said  Representatives,  together  with  the  governor  and  other 
officers  provided  for  in  said  constitution,  shall  be  elected  on  the  same 
day  of  the  election  for  the  ratification  or  rejection  of  the  constitution; 
and  until  said  officers  are  elected  and  qualified  under  the  provisions  of 
such  constitution  and  the  said  State  is  admitted  into  the  Union,  the 
Territorial  officers  of  Oklahoma  Territory  shall  continue  to  discharge 
the  duties  of  their  respective  offices  in  said  Territory. 

Sec.  7.  That  upon  the  admission  of  the  State  into  the  Union  sec- 
tions numbered  sixteen  and  thirty-six,  in  every  township  in  Oklahoma 
Territory,  and  all  indemnity  lands  heretofore  selected  in  lieu  thereof, 
are  hereby  granted  to  the  State  for  the  use  and  benefit  of  the  common 
schools:  Provided,  That  sections  sixteen  and  thirty-six  embraced  in 
permanent  reservations  for  national  purposes  shall  not  at  any  time  be 
subject  to  the  grant  nor  the  indemnitor  provisions  of  this  Act,  nor 
shall  any  lands  embraced  in  Indian,  military,  or  other  reservations  of 
any  character,  nor  shall  land  owned  by  Indian  tribes  or  individual 
members  of  any  tribe  be  subjected  to  the  grants  or  to  the  indemnity 
provisions  of  this  Act  until  the  reservation  shall  have  been  extin- 
guished and  such  lands  be  restored  to  and  become  a  part  of  the  public 
domain :  Provided,  That  there  is  sufficient  untaken  public  land  within 
said  State  to  cover  this  grant :  And  provided,  That  in  case  any  of  the 
lands  herein  granted  to  the  State  or  Oklahoma  have  heretofore  been 
confirmed  to  the  Territory  of  Oklahoma  for  the  purposes  specified  in 
this  Act,  the  amount  so  confirmed  shall  be  deducted  from  the  quantity 
specified  in  this  Act. 

There  is  hereby  appropriated,  out  of  any  money  in  the  Treasury 
not  otherwise  appropriated,  the  sum  of  five  million  dollars  for  the  use 
and  benefit  of  the  common  schools  of  said  State  in  lieu  of  sections 
sixteen  and  thirty-six,  and  other  lands  of  the  Indian  Territor}^  •  Said 
appropriation  shall  be  paid  by  the  Treasurer  of  the  United  States  at 
such  time  and  to  such  person  or  persons  as  may  be  authorized  by  said 
State  to  receive  the  same  under  laws  to  be  enacted  by  said  State,  and 
until  said  State  shall  enact  such  laws  said  appropriation  shall  not  be 
paid,  but  said  State  shall  be  allowed  interest  thereon  at  the  rate  of 
three  per  centum  per  annum,  w^hich  shall  be  paid  to  said  State  for 
the  use  and  benefit  of  its  public  schools.  Said  appropriation  of  five 
million  dollars  shall  be  held  and  invested  by  said  State,  in  trust,  for 
the  use  and  benefit  of  said  schools,  and  the  interest  thereon  shall  be 
used  exclusively  in  the  support  and  maintenance  of  said  schools :  Pro- 
vided, That  nothing  in  this  Act  contained  shall  repeal  or  affect  any 
Act  of  Congress  relating  to  the  Sulphur  Springs  Reservation  as  now 
defined  or  as  m^ay  be  hereafter  defined  or  extended,  or  the  power  of 
the  United  States  over  it  or  any  other  lands  embraced  in  the  State 
hereafter  set  aside  by  Congress  as  a  national  park,  game  preserve,  or 
for  the  preservation  of  objects  of  archaeological  or  ethnological  inter- 
est ;  and  nothing  contained  in  this  Act  shall  interfere  with  the  rights 
and  ownership  of  the  United  States  in  any  land  hereafter  set  aside  by 
Congress  as  national  park,  game  preserve,  or  other  reservation,  or  in 
the  said  Sulphur  Springs  Reservation,  as  it  now  is  or  may  be  here- 
after defined  or  extended  by  law;  but  exclusive  legislation,  in  all 
case^  whatsoever,  shall  be  exercised  by  the  United  States,  which  shall 
have  exclusive  control  and  jurisdiction  over  the  same;  but  nothing  in 
this  proviso  contained  shall  be  construed  to  prevent  the  service  within 
said  Sulphur  Springs  Reservation  or  national  parks,  game  preserves, 


Oklahoma— 1906  2967 

and  other  reservations  hereafter  established  by  law,  of  civil  and  crim- 
inal processes  lawfully  issued  by  the  authority  of  said  State,  and  said 
State  shall  not  be  entitled  to  select  indemnity  school  lands  for  the 
thirteenth,  sixteenth,  thirty-third,  and  thirty-sixth  sections  that  may 
be  embraced  within  the  metes  and  bounds  of  the  national  park,  game 
preserve,  and  other  reservation  or  the  said  Sulphur  Springs  Reserva- 
tion, as  now  defined  or  may  be  hereafter  defined. 

Sec.  8.  That  section  thirteen  in  the  Cherokee  Outlet,  the  Tonkawa 
Indian  Reservation,  and  the  Pawnee  Indian  Reservation,  reserved  by 
th"!e  President  of  the  United  States  by  proclamation  issued  August 
nineteenth,  eighteen  hundred  and  ninety-three,  opening  to  settlement 
the  said  lands,  and  by  any  Act  or  Acts  of  Congress  since  said  date, 
and  section  thirteen  in  all  other  lands  which  have  been  or  may  be 
opened  to  settlement  in  the  Territory  of  Oklahoma,  and  all  lands 
heretofore  selected  in  lieu  thereof,  is  hereby  reserved  and  granted  to 
said  State  for  the  use  and  benefit  of  the  University  of  Oklahoma  and 
the  University  Preparatory  School,  one  third ;  of  the  normal  schools 
now  established  or  hereafter  to  be  established,  one-third;  and  of 
the  Agricultural  and  Mechanical  College  and  the  Colored  Agricul- 
tural Normal  University,  one-third.  The  said  lands  or  the  pro- 
ceeds thereof  as  above  apportioned  shall  be  divided  between  the 
institutions  as  the  legislature  of  said  State  may  prescribe :  Provided, 
That  the  said  lands  so  reserved  or  the  proceeds  of  the  sale  thereof 
shall  be  safely  kept  or  invested  and  held  by  said  State,  and  the 
income  thereof,  interest,  rentals,  or  otherwise,  only  •  shall  be  used 
exclusively  for  the  benefit  of  said  educational  institutions.  Such 
educational  institutions  shall  remain  under  the  exclusive  control 
of  said  State,  and  no  part  of  the  proceeds  arising  from  the  sale  or 
disposal  of  any  lands  herein  granted  for  educational  purposes,  or 
the  income  or  rentals  thereof,  shall  be  used  for  the  support  of  any 
religious  or  sectarian  school,  college,  or  university. 

That  section  thirty-three,  and  all  lands  heretofore  selected  in  lieu 
thereof,  heretofore  reserved  under  said  proclamation,  and  Acts  for 
charitable  and  penal  institutions  and  public  buildings,  shall  be  appor- 
tioned and  disposed  of  as  the  legislature  of  said  State  may  prescribe. 

Where  any  part  of  the  lands  granted  by  this  Act  to  the  State  of 
Oklahoma  are  valuable  for  minerals,  which  terms  shall  also  include 
gas  and  oil,  such  lands  shall  not  be  sold  by  the  said  State  prior  to 
January  first,  nineteen  hundred  and  fifteen;  but  the  same  may  be 
leased  for  periods  not  exceeding  five  years  bv  the  State  officers  duly 
authorized  for  that  purpose,  such  leasing  to  "be  made  by  public  com- 
petition after  not  less  than  thirty  days'  advertisement  in  the  manner 
to  be  prescribed  by  law,  and  all  such  leasing  shall  be  done  under 
sealed  bids  and  awarded  to  the  highest  responsible  bidder.  The 
leasing  shall  require  and  the  advertisement  shall  specify  in  each  case 
a  fixed  royalty  to  be  paid  by  the  successful  bidder,  in  addition  to 
any  bonus  offered  for  the  lease,  and  all  proceeds  from  leases  shall 
be  covered  into  the  fund  to  Avhich  they  shall  properly  belong,  and 
no  transfer  or  assignment  of  any  lease  shall  be  valid  or  confer  any 
right  in  the  assignee  without  the  consent  of  the  proper  State  author- 
ities in  writing :  Provided,  however,  That  agricultural  lessees  in  pos- 
session of  such  lands  shall  be  reimbursed  by  the  mining  lessees  for 
all  damage  done  to  said  agricultural  lessees'  interest  therein  by  rea- 
son of  such  mining  operations.    The  legislature  of  the  State  may 


2968  Oklahoma— 1906 

prescribe  additional  legislation  governing  such  leases  not  in  conflict 
herewith. 

Sec.  9.  That  said  sections  sixteen  and  thirty-six,  and  lands  taken 
in  lieu  thereof,  herein  granted  for  the  support  of  the  common  schools, 
if  sold,  may  be  appraised  and  sold  at  public  sale  in  one  hundred  and 
sixty  acre  tracts  or  less,  under  such  rules  and  regulations  as  the 
legislature  of  the  said  State  may  prescribe,  preference  right  to  pur- 
chase at  the  highest  bid  being  given  to  the  lessee  at  the  time  of  such 
sale,  the  proceeds  to  constitute  a  permanent  school  fund,  the  interest 
of  which  only  shall  be  expended  in  the  support  of  such  schools. 
But  said  lands  may,  under  such  regulations  as  the  legislature  may 
prescribe,  be  leased  for  periods  not  to  exceed  ten  years;  and  such 
lands  shall  not  be  subject  to  homestead  entry  or  any  other  entry 
under  the  land  laws  of  the  United  States,  whether  surveyed  or 
unsurveyed,  but  shall  be  reserved  for  school  purposes  only. 

Sec.  10.  That  said  sections  thirteen  and  thirty-three,  aforesaid,  if 
sold,  may  be  appraised  and  sold  at  public  sale,  in  one  hundred  and 
sixty  acre  tracts  or  less,  under  such  rules  and  regulations  as  the  legis- 
lature of  said  State  may  prescribe,  preference  right  to  purchase  at  the 
highest  bid  being  given  to  the  lessee  at  the  time  of  such  sale,  but 
such  lands  may  be  leased  for  periods  of  not  more  than  five  years, 
under  such  rules  and  regulations  as  the  legislature  shall  prescribe, 
and  until  such  time  as  the  legislature  shall  prescribe  such  rules  these 
and  all  other  lands  granted  to  the  State  shall  be  leased  under  existing 
rules  and  regulations,  and  shall  not  be  subject  to  homestead  entry  or 
any  other  entry  under  the  land  laws  of  the  United  States,  whether 
surveyed  or  unsurveyed,  but  shall  be  reserved  for  designated  pur- 
poses only,  and  until  such  time  as  the  legislature  shall  prescribe  as 
aforesaid  such  lands  shall  be  leased  under  existing  rules:  Provided, 
That  before  any  of  the  said  lands  shall  be  sold,  as  provided  in  sections 
nine  and  ten  of  this  Act,  the  said  lands  and  the  improvements  thereon 
shall  be  appraised  by  three  disinterested  appraisers,  who  shall  be 
nonresidents  of  the  county  wherein  the  land  is  situated,  to  be  desig- 
nated as  the  legislature  of  said  State  shall  prescribe,  and  the  said 
appraisers  shall  make  a  true  appraisement  of  said  lands  at  the  actual 
cash  value  thereof,  exclusive  of  improvements,  and  shall  separately 
appraise  all  permanent  improvements  thereon  at  their  fair  and 
reasonable  value,  and  in  case  the  leaseholder  does  not  become  the 
purchaser,  the  purchaser  at  said  sale  shall,  under  such  rules  and 
regulations  as  the  legislature  may  prescribe,  pay  to  or  for  the  lease- 
holder the  appraised  value  of  said  improvements,  and  to  the  State 
the  amount  bid  for  the  said  lands,  exclusive  of  the  appraised  value 
of  improvements;  and  at  said  sale  no  bid  for  any  tract  at  less  than 
the  appraisement  thereof  shall  be  accepted. 

Sec.  11.  That  an  amount  equal  to  five  per  centum  of  the  proceeds 
of  the  sales  of  public  lands  lying  within  said  State  shall  be  paid  to 
the  said  State,  to  be  used  as  a  permanent  fund,  the  interest  only  of 
which  shall  be  expended  for  the  support  of  the  common  schools 
within  said  State. 

Sec.  12.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  States  by  the  eighth  section  of  the  Act  of 
September  fourth,  eighteen  hundred  and  forty-one,  which  section  is 
hereby  repealed  as  to  said  State,  and  in  lieu  of  any  claim  or  demand 
of  the  State  of  Oklahoma  under  the  Act  of  September  twenty-eighth. 


Oklahoma— 1906  2969 

eighteen  hundred  and  fifty,  and  section  twenty-iour  hundred  and  sev- 
enty-nine of  the  Revised  Statutes,  making  a  grant  of  swamp  and 
overflowed  lands,  which  grant  it  is  hereby  declared  is  not  extended  to 
said  State  of  Oklahoma,  the  following  grant  of  land  is  hereby  made 
to  said  State  from  public  lands  of  the  United  States  within  said 
State,  for  the  purposes  indicated,  namely:  For  the  benefit  of  the 
Oklahoma  University,  two  hundred  and  fifty  thousand  acres;  for  the 
benefit  of  the  University  Preparatory  School,  one  hundred  and  fifty 
thousand  acres;  for  the  benefit  of  the  Agricultural  and  Mechanical 
College,  two  hundred  and  fifty  thousand  acrCvS ;  for  the  benefit  of  the 
Colored  Agricultural  and  Normal  University,  one  hundred  thousand 
acres ;  for  the  benefit  of  normal  schools,  now  established  or  hereafter 
to  be  established,  three  hundred  thousand  acres.  The  lands  granted 
by  this  section  shall  be  selected  by  the  board  for  leasing  school  lands 
oi  the  Territory  of  Oklahoma  immediately  upon  the  approval  of  this 
Act.  Said  selections  as  soon  as  made  shall  be  Certified  to  the  Secre- 
tary of  the  Interior,  and  the  lands  so  selected  shall  be  thereupon  with- 
drawn from  homestead  entry. 

Sec.  13.  That  said  State  when  admitted  as  aforesaid  shall  consti- 
tute two  judicial  districts,  to  be  known  as  the  eastern  district  of  Okla- 
homa and  the  western  district  of  Oklahoma ;  the  said  Indian  Terri- 
tory shall  constitute  said  eastern  district,  and  the  said  Oklahoma  Ter- 
ritory shall  constitute  said  western  district.  The  circuit  and  district 
courts  for  the  eastern  district  shall  be  held  one  term  at  Muscogee,  one 
term  at  Vinita,  one  term  at  Tulsa,  one  term  at  South  McAlester,  one 
term  at  Chickasha,  and  one  term  at  Ardmore,  each  year,  and  the  cir- 
cuit and  district  courts  of  the  w^estern  district  shall  be  held  one  term 
at  Guthrie,  one  term  at  Oklahoma  City,  and  one  term  at  Enid,  and 
one  term  at  Lawton,  each  year,  for  the  time  being.  And  the  said  dis- 
tricts shall,  for  judicial  purposes,  until  otherwise  provided,  be 
attached  to  the  eighth  judicial  circuit.  There  shall  be  appointed  for 
each  of  said  districts  one  district  judge,  one  United  States  attorney, 
and  one  United  States  marshal.  There  shall  be  appointed  a  clerk  for 
each  of  said  districts,  who  shall  keep  his  office  at  Muscogee  and  Guth- 
rie, respectively,  for  the  time  being.  The  regular  term  of  said  courts 
shall  be  held  at  the  places  designated  in  this  Act,  at  Muscogee  on  the 
first  Monday  in  January  and  at  Vinita  on  the  first  Monday  in  March 
and  at  Tulsa  on  the  first  Monday  in  April;  at  South  McAlester  on 
the  first  Monday  in  June;  at  Ardmore  on  the  first  Monday  in  Oc- 
tober; at  Chickasha  on  the  first  Monday  of  November;  at  Guthrie 
on  the  first  Monday  in  January ;  at  Oklahoma  City  on  the  first  Mon- 
day in  March ;  at  Enid  on  the  first  Monday  in  June,  and  at  Lawton 
on  the  first  Monda}^  in  October,  in  each  year,  and  one  grand  jury 
shall  be  summoned  in  each  year  in  each  of  said  circuit  and  district 
courts.  The  circuit  and  district  courts  for  each  of  said  districts,  and 
the  judg-es  thereof,  respectively,  shall  possess  the  same  powers  and 
jurisdiction  and  perform  the  same  duties  required  to  be  performed 
by  the  other  circuit  and  district  courts  and  judges  of  the  United 
States,  and  shall  be  governed  by  the  same  laws  and  regulations.  The 
marshal,  district  attorney,  and  clerk  of  each  of  the  circuit  and  district 
courts  of  said  districts,  and  all  other  officers  and  persons  performing 
duties  in  the  administration  of  justice  therein,  shall  severally  possess 
the  powers  and  perform  the  duties  lawfully  req^uired  to  be  performed 
by  similar  officers  in  other  districts  of  the  United  States,  and  shall, 


2970  Oklahoma— 1906 

for  the  services  they  may  perform,  receive  the  fees  and  compensation 
now  allowed  by  law  to  officers  performing  similar  services  for  the 
United  States  m  other  districts  of  the  United  States;  and  that  the 
laws  in  force  in  the  Territory  of  Oklahoma,  as  far  as  applicable,  shall 
extend  over  and  apply  to  said  State  until  changed  by  the  legislature 
thereof. 

Sec.  14.  That  all  prosecutions  for  crimes  or  offenses  hereafter 
committed  in  either  of  said  judicial  districts  as  hereby  constituted 
shall  be  cognizable  within  the  district  in  which  committed,  and  all 
prosecutions  for  crimes  or  affenses  committed  before  the  passage 
of  this  Act  in  which  indictments  have  not  yet  been  found  or  pro- 
ceedings instituted  shall  be  cognizable  within  the  judicial  district  as 
hereby  constituted  in  which  such  crimes  or  offenses  were  committed. 

Sec.  15.  That  all  appeals  or  writs  of  error  taken  from  the  supreme 
court  of  Oklahoma  Territory,  or  the  United  States  court  of  appeals 
in  the  Indian  Territory  to  the  Supreme  Court  of  the  United  States  or 
the  United  States  circuit  court  of  appeals  for  the  eighth  circuit,  pre- 
vious to  the  final  admission  of  such  State  shall  be  prosecuted  to  final 
determination  as  though  this  Act  had  not  been  passed.  And  all  cases 
in  which  final  judgment  has  been  rendered  in  such  Territorial  appel- 
late courts  which  appeals  or  writs  of  error  might  be  had  except  for  the 
admission  of  such  State  may  still  be  sued  out,  taken,  and  prosecuted 
to  the  Supreme  Court  of  the  United  States  or  the  United  States  circuit 
court  of  appeals  under  the  provisions  of  existing  laws,  and  there  held 
and  determined  in  like  manner,  and  in  either  case  the  Supreme  Court 
of  the  United  States,  or  the  United  States  circuit  court  of  appeals,  in 
the  event  of  reversal  shall  remand  the  said  causes  to  either  the  State 
supreme  court  or  other  final  appellate  court  of  said  State,  or  the 
United  States  circuit  and  district  courts  of  said  State,  as  the  case  may 
require :  Provided^  That  the  time  allowed  by  existing  law  for  appeals 
and  writs  of  error  from  appellate  courts  of  said  Territories  shall  not 
be  enlarged  hereby,  and  all  appeals  and  writs  of  error  not  sued  out 
from  the  final  judgments  of  said  courts  at  the  time  of  the  admission 
of  such  State  shall  be  taken  w^ithin  six  months  from  such  time. 

Sec.  16.  That  all  causes  pending  in  the  supreme  and  district  courts 
of  Oklahoma  Territory  and  in  the  United  States  courts  and  in  the 
United  States  court  of  appeals  in  the  Indian  Territory  arising  under 
the  Constitution,  laws,  or  treaties  of  the  United  States,  or  affecting 
ambassadors,  ministers,  or  consuls  of  the  United  States,  or  of  any 
other  country  or  State,  or  of  admiralty  or  of  maritime  jurisdiction,  or 
in  which  the  United  States  may  be  a  party,  or  between  citizens  of  the 
same  State  claiming  lands  under  grants  from  different  States;  and 
in  all  cases  where  there  is  a  controversy  between  citizens  of  said  Terri- 
tories prior  to  admission  and  citizens  of  different  States,  or  between 
citizens  of  different  States,  or  between  a  citizen  of  any  State  and 
citizens  or  subjects  of  any  foreign  State  or  country,  and  in  which  cases 
of  diversity  of  citizenship  there  shall  be  more  than  two  thousand  dol- 
lars in  controversy,  exclusive  of  interest  and  costs,  shall  be  transferred 
to  the  proper  United  States  circuit  or  district  court  for  final  disposi- 
tion :  Provided,  That  said  transfer  shall  not  be  made  in  any  case  where 
the  United  States  is  not  a  party  except  on  application  of  one  of  the 
parties  in  the  court  in  which  the  cause  is  pending,  at  or  before  the 
second  term  of  such  court,  after  the  admission  of  said  State,  sup- 
ported by  oath,  showing  that  the  case  is  one  which  may  be  so  trans- 


Oklahoma— 1906  2971 

ferred,  the  proceedings  to  effect  such  transfer,  except  as  to  time  and 
parties,  to  be  the  same  as  are  now  provided  by  law  for  the  removal  of 
causes  from  a  State  court  to  a  circuit  court  of  the  United  States ;  and 
in  causes  transferred  from  the  appellate  courts  of  said  Territories  the 
circuit  court  of  the  United  States  in  such  State  shall  first  determine 
such  appellate  matters  as  the  successor  of  and  with  all  the  power  of 
said  Territorial  appellate  courts,  and  shall  thereafter  proceed  under 
its  original  jurisdiction  of  such  causes.  All  final  judgments  and 
decrees  rendered  in  such  circuit  and  district  courts  in  such  transferred 
cases  may  be  reviewed  by  the  Supreme  Court  of  the  United  States  or 
by  the  United  States  circuit  court  of  appeals  in  the  same  manner  as  is 
now  provided  by  law  with  reference  to  existing  United  States  circuit 
and  district  courts. 

Sec.  17.  That  all  cases  pending  in  the  supreme  court  of  said  Terri- 
tory of  Oklahoma  and  in  the  United  States  court  of  appeals  in  the 
Indian  Territory  not  transferred  to  the  United  States  circuit  and  dis- 
trict courts  in  said  State  of  Oklahoma  shall  be  proceeded  with,  held, 
and  determined  by  the  supreme  or  other  final  appellate  court  of  such 
State  as  the  successor  of  said  Territorial  supreme  court  and  appellate 
court,  subject  to  the  same  right  to  review  upon  appeal  or  error  to  the 
Supreme  Court  of  the  United  States  now  allowed  from  the  supreme 
or  appellate  courts  of  a  State  under  existing  laws.  Jurisdiction  of 
all  cases  pending  in  the  courts  of  original  jurisdiction  in  said  Terri- 
tories not  transferred  to  the  United  States  circuit  and  district  courts 
shall  devolve  upon  and  be  exercised  by  the  courts  of  original  jurisdic- 
tion created  by  said  State. 

Sec.  18.  That  the  supreme  court  or  other  court  of  last  resort  of  said 
State  shall  be  deemed  to  be  the  successor  of  said  Territorial  appellate 
courts  and  shall  take  and  possess  any  and  all  jurisdiction  as  such,  not 
herein  otherwise  specifically  provided  for,  and  shall  receive  and  retain 
the  custody  of  all  books,  dockets,  records,  and  files  not  transferred  to 
other  courts,  as  herein  provided,  subject  to  the  duty  to  furnish  tran- 
scripts of  all  book  entries  in  any  specific  case  transferred  to  complete 
the  record  thereof. 

Sec.  19.  That  the  courts  of  original  jurisdiction  of  such  State  shall 
be  deemed  to  be  the  successor  of  all  courts  of  offginal  jurisdiction  of 
said  Territories  and  as  such  shall  take  and  retain  custody  of  all 
records,  dockets,  journals,  and  files  of  such  courts  except  in  causes 
transferred  therefrom,  as  herein  provided;  the  files  and  papers  in 
such  transferred  cases  shall  be  transferred  to  the  proper  United  States 
circuit  or  district  court,  together  with  a  transcript  of  all  book  entries 
to  complete  the  record  in  such  particular  case  so  transferred. 

Sec.  20.  That  all  cases  pending  in  the  district  courts  of  Oklahoma 
Territory  and  in  the  United  States  courts  for  the  Indian  Territory  at 
the  time  said  Territories  become  a  State  not  transferred  to  the  United 
States  circuit  or  district  courts  in  the  State  of  Oklahoma  shall  be  pro- 
ceeded with,  held,  and  determinea  by  the  courts  of  said  State,  the 
successors  of  said  district  courts  of  the  Territory  of  Oklahoma  and 
United  States  courts  for  the  Indian  Territory,  with  the  right  to  prose- 
cute appeals  or  writs  of  error  to  the  supreme  court  of  said  State,  and 
also  with  the  same  right  to  prosecute  appeals  or  writs  of  error  from 
the  final  determination  in  said  causes  made  by  the  supreme  court  of 
said  State  of  Oklahoma  to  the  Supreme  Court  of  the  United  States,  as 


2972  Oklahoma— 1906 

now  provided  by  law  for  appeals  and  writs  of  error  from  the  supreme 
court  of  a  State  to  the  Supreme  Court  of  the  United  States. 

Sec.  21.  That  the  constitutional  convention  may  by  ordinance  pro- 
vide for  the  election  of  officers  for  a  full  State  government,  including 
members  of  the  legislature  and  five  Kepresentatives  to  Congress,  and 
shall  constitute  the  Osage  Indian  Reservation  a  separate  county,  and 
provide  that  it  shall  remain  a  separate  county  until  the  lands  in  the 
Osage  Indian  Reservation  are  allotted  in  severalty  and  until  changed 
by  the  legislature  of  Oklahoma,  and  designate  the  county  seat  thereof, 
and  shall  provide  rules  and  regulations  and  define  the  manner  of  con- 
ducting the  first  election  for  officers  in  said  county.  Such  State  gov- 
ernment shall  remain  in  abeyance  until  the  State  shall  be  admitted 
into  the  Union  and  the  election  for  State  officers  held,  as  provided  for 
in  this  Act.  The  State  legislature  when  organized  shall  elect  two 
Senators  of  the  United  States,  in  the  manner  now  prescribed  by  the 
laws  of  the  United  States,  and  the  governor  and  secretary  of  said 
State  shall  certify  the  election  of  the  Senators  and  Representatives  in 
the  manner  required  by  law ;  and  said  Senators  and  Representatives 
shall  be  entitled  to  be  admitted  to  seats  in  Congress  and  to  all  the 
rights  and  privileges  of  Senators  and  Representatives  of  other  States 
in  the  Congress  of  the  United  States.  And  the  officers  of  the  State 
government  formed  in  pursuance  of  said  constitution,  as  provided  bj^^ 
said  constitutional  convention,  shall  proceed  to  exercise  all  the  func- 
tions of  such  State  officers;  and  all  laws  in  force  in  the  Territory  of 
Oklahoma  at  the  time  of  the  admission  of  said  State  into  the  Union 
shall  be  in  force  throughout  said  State,  except  as  modified  or  changed 
by. this  Act  or  by  the  constitution  of  the  State,  and  the  laws  of  the 
United  States  not  locally  inapplicable  shall  have  the  same  force  and 
effect  within  said  State  as  elsewhere  within  the  United  States. 

Sec.  22.  That  the  constitutional  convention  provided  for  herein 
shall,  by  ordinance  irrevocable,  accept  the  terms  and  conditions  of 
this  Act. 

Sec.  23.  That  the  inhabitants  of  all  that  part  of  the  area  of  the 
United  States  now  constituting  the  Territories  of  Arizona  and  New 
Mexico,  as  at  present  described,  may  become  the  State  of  Arizona,  as 
hereinafter  provided. 

Sec.  24.  That  at  the  general  election  to  be  held  on  the  sixth  day  of 
November,  nineteen  hundred  and  six,  all  the  electors  of  said  Territo- 
ries, respectively,  qualified  to  vote  at  such  election,  are  hereby  author- 
ized to  vote  for  and  choose  delegates  to  form  a  convention  for  said 
Territories.  The  aforesaid  convention  shall  consist  of  one  hundred 
and  ten  delegates,  sixty-six  of  which  delegates  shall  be  elected  to  said 
convention  by  the  people  of  the  Territory  of  New  Mexico  and  forty- 
four  by  the  people  of  the  Territory  of  Arizona;  and  the  governors, 
chief  justices,  and  secretaries  of  each  of  said  Territories,  respectively, 
shall  apportion  the  delegates  to  be  thus  elected  from  their  respective 
Territories,  as  nearly  as  may  be,  equitably  among  the  several  counties 
thereof  in  accordance  with  the  voting  population  as  shown  by  the  vote 
cast  for  Delegate  in  Congress  in  the  respective  Territories  in  nineteen 
hundred  and  four. 

That  at  the  said  general  election  and  on  the  same  ballots  on  which 
the  naines  of  candidates  to  the  convention  aforesaid  are  printed,  there 
shall  be  submitted  to  said  qualified  electors  of  each  of  said  Territories 


Oklahoma— 1906  2973 

a  question  which  shall  be  stated  on  the  ballot  in  substance  and  form 
as  follows : 

"  Shall  Arizona  and  New  Mexico  be  united  to  form  one  State  ?  " 
D  Yes.  ...  D  No. 

Electors  desiring  to  vote  in  the  affirmative  shall  place  a  cross  mark 
in  the  square  to  the  left  of  the  word  "  Yes,"  and  those  desiring  to 
vote  in  the  negative  shall  place  a  cross  mark  in  the  square  to  the  left 
of  the  word  "  No  "  in  the  form  above  prescribed.  The  governors  and 
secretaries  of  the  respective  Territories  shall  certify  and  transmit,  as 
soon  as  may  be  practicable,  the  results  of  said  election  each  to  the 
other  and  likewise  to  the  Secretary  of  the  Interior,  and  if  it  appears 
from  the  returns  thus  certified  that  a  majority  of  the  qualified  electors 
in  each  of  said  Territories  who  voted  on  the  question  aforesaid  at  such 
election  voted  in  favor  of  the  union  of  New  Mexico  and  Arizona  as 
one  State,  then,  and  not  otherwise,  the  inhabitants  of  that  part  of 
the  area  of  the  United  States  now  constituting  the  Territories  of 
Arizona  and  New  Mexico  as  at  present  described  may  become  the 
State  of  Arizona  as  hereinafter  provided;  but  if  in  either  of  said 
Territories  a  majority  of  the  qualified  electors  voting  on  the  question 
aforesaid  at  such  election  shall  appear  by  such  certified  returns  to 
have  voted  against  the  union  of  said  Territories  then,  and  in  that 
event,  section  twenty-three  and  all  succeeding  sections  of  this  Act 
shall  thereafter  be  null  and  void  and  of  no  effect,  excepting  that  the 
appropriation  made  in  section  forty-one  hereof  shall  be  and  remain 
available  for  defraying  all  and  every  kind  and  character  of  expense 
incurred  on  account  of  the  election  of  delegates  to  the  cpnvention  and 
the  submission  of  the  question  aforesaid. 

The  governors  of  said  Territories,  respectively,  shall,  within  thirty 
days  after  the  approval  of  this  Act,  by  proclamation  in  which  the 
aforesaid  apportionment  of  delegates  to  the  convention  shall  be  fully 
specified  and  announced  and  the  aforesaid  question  to  be  voted  on  by 
the  electors  shall  be  clearly  stated,  order  that  the  delegates  aforesaid  in 
their  respective  Territories  shall  be  voted  for  and  the  question  afore- 
said shall  be  submitted  to  the  qualified  electors  in  each  of  said 
Territories  as  herein  required  at  the  aforesaid  general  election. 
Such  election  for  delegates  shall  be  conducted,  the  returns  made  and 
the  certificates  of  persons  elected  to  such  convention  issued,  as  near 
as  may  be,  in  the  same  manner  as  is  prescribed  by  the  laws  of  said 
Territories,  respectively,  regulating  elections  therein  of  members  of 
the  legislature :  Provided,  That  if  it  appears  from  the  returns  that  a 
majority  of  the  qualified  electors  in  the  Territory  of  Arizona  who 
voted  on  the  question  at  the  election  voted  in  favor  of  the  union  of 
New  Mexico  and  Arizona  as  one  State,  then,  and  not  otherwise,  the 
secretary  or  other  proper  officer  of  said  Territory  of  Arizona  into 
whose  hands  the  result  of  said  election  finally  comes,  shall  immedi- 
ately transmit  and  certify  the  result  as  to  the  election  of  delegates 
to  the  convention  to  the  secretary  of  the  Territory  of  New  Mexico 
at  Santa  Fe,  and  if  it  appears  from  the  returns  from  the  election  held 
in  New  Mexico  that  a  majority  of  the  qualified  voters  aforesaid  voted 
in  favor  of  joint  statehood,  then  in  that  event  the  secretary  of  said 
Territory  of  New  Mexico  shall  make  up  a  temporary  roll  ot  the  con- 
vention from  the  certified  returns  from  both  of  said  Territories,  and 
he  shall  call  the  convention  to  order  at  the  time  herein  required,  and 


.  1 


2974  Oklahoma— 1906 

said  convention  when  so  called  to  order  and  organized  shall  be  the 
sole  judge  of  the  election  and  qualifications  of  its  own  members. 
Persons  possessing  the  qualifications  entitling  them  to  vote  at  the 
aforesaid  general  election  shall  be  entitled  to  vote  on  the  ratification 
or  rejection  of  the  constitution  if  submitted  to  the  people  of  said 
Territories  hereunder,  and  on  the  election  of  all  officials  whose  elec- 
tion is  taking  place  at  the  same  time,  under  such  rules  or  regulations 
as  said  convention  may  prescribe,  not  in  conflict  with  this  Act. 

Sec.  25.  That  if  a  majority  in  each  of  said  Territories  at  the  elec- 
tion aforesaid  shall  vote  for  joint  statehood,  and  not  otherwise,  the 
delegates  to  the  convention  thus  elected  shall  meet  in  the  hall  of  the 
house  of  representatives  of  the  Territory  of  New  Mexico,  in  the  city  of 
Sante  Fe  therein,  at  twelve  o'clock  noon  on  Mo;iday,  December  third, 
nineteen  hundred  and  six,  but  they  shall  not  receive  compensation  for 
more  than  sixty  days  of  service,  and  after  organization  shall  declare 
on  behalf  of  the  people  of  said  proposed  State  that  they  adopt  the 
Constitution  of  the  United  States,  whereupon  the  said  convention 
shall  be,  and  is  hereby,  authorized  to  form  a  constitution  and  State 
government  for  said  proposed  State.  The  constitution  shall  be  re- 
publican in  form,  and  make  no  distinction  in  civil  or  political  rights 
on  account  of  race  or  color,  except  as  to  Indians  not  taxed,  and  shall 
not  be  repugnant  to  the  Constitution  of  the  United  States  and  the 
principles  of  the  Declaration  of  Independence.  And  said  conven- 
tion shall  provide,  by  ordinance  irrevocable  without  the  consent  of 
the  United  States  and  the  people  of  said  State — 

First.  That  perfect  toleration  of  religious  sentiment  shall  be  se- 
cured, and  that  no  inhabitant  of  said  State  shall  ever  be  molested  in 
person  or  property  on  account  of  his  or  her  mode  of  religious  wor- 
ship; and  that  polygamous  or  plural  marriages  and  the  sale,  barter, 
or  giving  of  intoxicating  liquors  to  Indians,  are  forever  prohibited. 

Second.  That  the  people  inhabiting  said  proposed  State  do  agree 
and  declare  that  they  forever  disclaim  all  right  and  title  to  the  unap- 
propriated and  ungranted  public  lands  lying  within  the  boundaries 
thereof  and  to  all  lands  lying  within  said  limits  owned  or  held  by 
any  Indian  or  Indian  tribes,  except  as  hereinafter  provided,  and  that 
until  the  title  thereto  shall  have  been  extinguished  by  the  United 
States  the  same  shall  be  and  remain  subject  to  the  disposition  of  the 
United  States,  and  such  Indian  lands  shall  remain  under  the  abso- 
lute jurisdiction  and  control  of  the  Congress  of  the  United  States; 
that  the  lands  and  other  property  belonging  to  citizens  of  the  United 
States  residing  without  the  said  State  shall  never  be  taxed  at  a  higher 
rate  than  the  lands  and  other  property  belonging  to  residents  thereof ; 
that  no  taxes  shall  be  imposed  by  the  State  on  lands  or  property 
therein  belonging  to  or  which  may  hereafter  be  purchased  by  the 
United  States  or  reserved  for  its  use ;  but  nothing  herein,  or  in  the  ordi- 
nance herein  provided  for,  shall  preclude  the  said  State  from  taxing, 
as  other  lands  and  other  property  are  taxed,  any  lands  and  other  prop- 
erty owned  or  held  by  any  Indian  who  has  severed  his  tribal  relations 
and  has  obtained  from  the  United  States  or  from  any  person  a  title 
thereto  by  patent  or  other  grant,  save  and  except  such  lands  as  have 
been  or  may  be  granted  to  any  Indian  or  Indians  under  any  Act  of 
Congress  containing  a  provision  exempting  the  lands  thus  granted 
from  taxation,  but  said  ordinance  shall  provide  that  all  such  lands 


Oklahoma— 1906  2975 

shall  be  exempt  from  taxation  by  said  State  so  long  and  to  such  extent 
as  such  Act  of  Congress  may  prescribe. 

Third.  That  the  debts  and  liabilities  of  said  Territory  of  Arizona 
and  of  said  Territory  of  New  Mexico  shall  be  assumed  and  paid  by 
said  State,  and  that  said  State  shall  be  subrogated  to  all  the  rights  of 
indemnity  and  reimbursement  which  either  of  said  Territories  now 
has. 

Fourth.  That  provision  shall  be  made  for  the  establishment  and 
maintenance  of  a  system  of  public  schools,  which  shall  be  open  to  all 
the  children  of  said  State  and  free  from  sectarian  control ;  and  that 
said  schools  shall  always  be  conducted  in  English:  Provided,  That 
nothing  in  this  Act  shall  preclude  the  teaching  of  other  languages  in 
said  public  schools. 

Fifth.  That  said  State  shall  never  enact  any  law  restricting  or 
abridging  the  right  of  suffrage  on  account  of  race,  color,  or  previous 
condition  of  servitude,  and  that  ability  to  read,  write,  and  speak  the 
English  language  sufficiently  well  to  conduct  the  duties  of  the  office 
without  the  aid  of  an  interpreter  shall  be  a  necessary  qualification  for 
all  State  officers. 

Sixth.  That  the  capital  of  said  State  shall  temporarily  be  at  the 
city  of  Santa  Fe,  in  the  present  Territory  of  New  Mexico,  and  shall 
not  be  changed  therefrom  previous  to  anno  Domini  nineteen  hundred 
and  fifteen,  but  the  permanent  location  of  said  capital  may,  after  said 
year,  be  fixed  by  the  electors  of  said  State,  voting  at  an  election  to  be 
provided  for  by  the  legislature. 

Sec.  26.  That  in  case  a  constitution  and  State  government  shall  be 
formed  in  compliance  with  the  provisions  of  this  Act,  the  convention 
forming  the  same  shall  provide  by  ordinance  for  submitting  said  con- 
stitution to  the  people  of  said  proposed  State  for  its  ratification  or 
rejection,  at  an  election  to  be  held  at  a  time  fixed  in  said  ordinance, 
which  shall  be  not  less  than  sixty  days  nor  more  than  ninety 
days  from  the  adjournment  of  the  convention,  at  which  election 
the  qualified  voters  of  said  proposed  State  shall  vote  directly  for 
or  against  the  proposed  constitution  and  for  or  against  any  provi- 
sions thereof  separately  submitted.  The  returns  of  said  election 
shall  be  made  by  the  election  officers  direct  to  the  secretary  of  the 
Territory  of  New  Mexico  at  Santa  Fe;  who,  with  the  governors  and* 
chief  justices  of  said  Territories,  or  any  four  of  them,  shall  meet  at 
said  city  of  Santa  Fe  on  the  third  Monday  after  said  election  and 
shall  canvass  the  same;  and  if  a  majority  of  the  legal  votes  cast  on 
that  question  shall  be  for  the  constitution  the  said  canvassing  board 
shall  certify  the  result  to  the  President  of  the  United  States,  to- 
gether with  the  statement  of  the  votes  cast  thereon,  and  upon  separate 
articles  or  propositions,  and  a  copy  of  said  constitution,  articles, 
propositions  and  ordinances.  And  if  the  constitution  and  govern- 
ment of  said  proposed  State  are  republican  in  form,  and  if  the  pro- 
visions in  this  Act  have  been  complied  with  in  the  formation  thereof, 
it  shall  be  the  duty  of  the  President  of  the  United  States,  within 
twenty  days  from  the  receipt  of  the  certificate  of  the  result  of  said 
election  and  the  statement  or  the  votes  cast  thereon  and  a  copy  of  said 
constitution,  articles,  propositions,  and  ordinances  from  said  board, 
to  issue  his  proclamation  announcing  the  result  of  said  election,  and 
thereupon  the  proposed  State  shall  be  deemed  admitted  by  Congress 


2976  Oklahoma— 1906 

into  the  Union,  under  and  by  virtue  of  this  Act,  under  the  name  of 
Arizona,  on  an  equal  footing  with  the  original  States,  from  and  after 
the  date  of  said  proclamation. 

The  original  of  said  constitution,  articles,  propositions,  and  ordi- 
nances, and  the  election  returns,  and  a  copy  of  the  statement  of  the 
votes  cast  at  said  election  shall  be  forwarded  and  turned  over  by  the 
secretary  of  the  Territory  of  New  Mexico  to  the  State  authorities. 

Sec.  27.  That  until  the  next  general  census,  or  until  otherwise  pro- 
vided by  law,  said  State  shall  be  entitled  to  two  Representatives  in  the 
House  of  Representatives  of  the  United  States,  which  Representa- 
tives, together  with  the  governor  and  other  officers  provided  for  in 
said  constitution,  and  also  all  other  State  and  county  officers,  shall 
be  elected  on  the  same  day  of  the  election  for  the  adoption  of  the  con- 
stitution ;  and  until  said  State  officers  are  elected  and  qualified  under 
the  provisions  of  the  constitution,  and  the  State  is  admitted  into  the 
Union,  the  Territorial  officers  of  said  Territories,  respectively,  includ- 
ing delegates  to  Congress,  shall  continue  to  discharge  the  duties  of 
their  respective  offices  in  said  Territories  until  their  successors  are 
duly  elected  and  qualified. 

Sec.  28.  That  upon  the  admission  of  said  State  into  the  Union  there 
is  hereby  granted  unto  it,  including  the  sections  thereof  heretofore 
granted,  four  sections  of  public  land  in  each  township  in  the  proposed 
State  for  the  support  of  free  public  nonsectarian  common  schools,  to 
wit :  Sections  numbered  thirteen,  sixteen,  thirty-three,  and  thirty-six, 
and  where  such  sections  or  any  parts  thereof  have  be«n  sold  or  other- 
wise disposed  of  by  or  under  the  authority  of  any  Act  of  Congress 
other  lands  equivalent  thereto,  in  legal  subdivisions  of  not  less  than 
one  quarter  section  and  as  contiguous  as  may  be  to  the  section  in 
lieu  of  which  the  same  is  taken ;  such  indemnity  lands  to  be  selected 
within  said  respective  portions  of  said  State  in  the  manner  provided 
in  this  Act:  Provided,  That  the  thirteenth,  sixteenth,  thirty-third, 
and  thirty-sixth  sections  embraced  in  permanent  reservations  for 
national  purposes  shall  not  at  any  time  be  subject  to  the  grants  nor 
to  the  indemnity  provisions  of  this  Act,  but  other  lands  equivalent 
thereto  may  be  selected  for  such  school  purposes  in  lieu  thereof;  nor 
shall  any  lands  embraced  in  Indian,  military,  or  other  reservations  of 
any  character  be  subject  to  the  grants  of  this  Act,  but  such  reservation 
lands  shall  be  subject  to  the  indemnity  provisions  of  this  Act:  Pro- 
vided, That  nothing  in  this  Act  contained  shall  repeal  or  affect  any 
Act  of  Congress  relating  to  the  Casa  Grande  Ruin  as  now  defined  or 
as  may  be  hereafter  defined  or  extended,  or  the  power  of  the  United 
States  over  it,  or  any  other  lands  embraced  in  the  State  hereafter  set 
aside  by  Congress  as  a  national  park,  game  preserve,  or  for  the  pres- 
ervation of  objects  of  archaeological  or  ethnological  interest;  and 
nothing  contained  in  this  Act  shall  interfere  with  the  rights  and 
ownership  of  the  United  States  in  any  land  hereafter  set  aside  by  Con- 
gress as  national  park,  game  preserve,  or  other  reservation,  or  in  the 
said  Case  Grande  Ruin  as  it  now  is  or  may  be  hereafter  defined  or 
extended  by  law,  but  exclusive  legislation,  in  all  cases  whatsoever, 
shall  be  exercised  by  the  United  States,  which  shall  have  exclusive 
control  and  jurisdiction  over  the  same;  but  nothing  in  this  proviso 
contained  shall  be  construed  to  prevent  the  service  within  said  Casa 
Grande  Ruin,  or  national  parks,  game  preserves,  and  other  reserva- 
tions hereafter  established  by  law,  of  civil  and  criminal  processes 


Oklahoma— 1906  2977 

lawfully  issued  by  the  authority  of  said  State;  and  said  lands  shall 
not  be  subject  at  any  time  to  the  school  grants  of  this  Act  that  may 
be  embraced  within  the  metes  and  bounds  of  the  national  park,  game 
preserve,  and  other  reservation,  or  the  said  Casa  Grande  Ruin,  as 
now  defined  or  may  be  hereafter  defined ;  but  other  lands  equivalent 
thereto  may  be  selected  for  such  school  purposes  hereinbefore  pro- 
vided in  lieu  thereof. 

Sec.  29.  That  three  hundred  sections  of  the  unappropriated  non- 
mineral  public  lands  w^ithin  said  State,  to  be  selected  and  located  in 
legal  subdivisions,  as  provided  in  this  Act,  are  hereby  granted  to  said 
State  for  the  purpose  of  erecting  legislative,  executive,  and  judicial 
public  buildings  in  the  same,  and  for  the  payment  of  the  bonds  here- 
tofore or  hereafter  issued  therefor. 

Sec.  30.  That  the  lands  granted  to  the  Territory  of  Arizona  by  the 
Act  of  February  eighteenth,  eighteen  himdred  and  eighty-one,  entitled 
"An  Act  to  grant  lands  to  Dakota,  Montana,  Arizona,  Idaho,  and 
Wyoming  for  university  purposes,"  are  hereby  vested  in  the  proposed 
State  to  the  extent  of  the  full  quantity  of  seventy-five  sections,  and 
any  portion  of  said  lands  that  may  not  have  been  selected  by  said  Ter- 
ritory of  Arizona  may  be  selected  by  the  said  State.  In  addition  to 
the  foregoing,  and  in  addition  to  all  lands  heretofore  granted  for  such 
purpose,  there  shall  be,  and  hereby  is,  granted  to  said  State,  to  take 
effect  when  the  same  is  admitted  to  the  Union,  three  hundred  sections 
of  land,  to  be  selected  from  the  public  domain  within  said  State  in  the 
same  manner  as  provided  in  this  Act,  and  the  proceeds  of  all  such 
lands  shall  constitute  a  permanent  fund,  to  be  safely  invested  and  held 
by  said  State,  and  the  income  thereof  be  used  exclusively  for  uni- 
versity purposes.  The  schools,  colleges,  and  universities  provided  for 
in  this  Act  shall  forever  remain  under  the  exclusive  control  of  the  said 
State,  and  no  part  of  the  proceeds  arising  from  the  sale  or  disposal  of 
any  lands  herein  granted  for  educational  purposes  shall  be  used  for 
the  support  of  any  sectarian  or  denominational  school,  college,  or 
university. 

Sec.  31.  That  nothing  in  this  Act  shall  be  so  construed,  except 
where  the  same  is  so  specifically  stated,  as  to  repeal  any  grant  of  land 
heretofore  made  by  any  Act  of  Congress  to  either  of  said  Territories, 
but  such  grants  are  hereby  ratified  and  confirmed  in  and  to  said  State, 
and  all  of  the  land  that  may  not,  at  the  time  of  the  admission  of  said 
State  into  the  Union,  have  been  selected  and  segregated  from  the 
public  domain,  may  be  so  selected  and  segregated  in  the  manner  pro- 
vided in  this  Act. 

Sec.  32.  That  five  per  centum  of  the  proceeds  of  the  sales  of  public 
lands  lying  within  said  State  which  shall  be  sold  by  the  United  States 
subsequent  to  the  admission  of  said  State  into  the  Union,  after 
deducting  all  the  expenses  incident  to  the  same,  shall  be  paid  to  the 
said  State  to  be  used  as  a  permanent  fund,  the  interest  of  which  only 
shall  be  expended  for  the  support  of  the  common  schools  within  said 
State.  And  there  is  hereby  appropriated,  out  of  any  moneys  in  the 
Treasury  not  otherwise  appropriated,  the  sum  of  five  million  dollars 
for  the  use  and  benefit  of  the  common  schools  of  said  State.  Said 
appropriation  shall  be  paid  by  the  Treasurer  of  the  United  States 
at  such  time  and  to  such  person  or  persons  as  may  be  authorized  by 
said  State  to  receive  the  same  under  laws  to  be  enacted  by  said  State, 


2978  Oklahoma— 1906 

and  until  said  State  shall  enact  such  laws  said  appropriation  shall 
not  be  paid.  Said  appropriation  of  five  million  dollars  shall  be  held 
inviolable  and  invested  by  said  State,  in  trust,  for  the  use  and  benefit 
of  said  schools. 

Sec.  33.  That  all  lands  herein  granted  for  educational  purposes 
may  be  appraised  and  disposed  of  only  at  public  sale,  the  proceeds  to 
constitute  a  permanent  school  fund,  the  income  from  which  only 
shall  be  expended  in  the  support  of  said  schools.  But  said  lands 
may,  under  such  regulations  as  the  legislature  shall  prescribe,  be 
leased  for  periods  of  not  more  than  ten  years,  and  such  common 
school  land  shall  not  be  subject  to  preemption,  homestead  entry,  or 
any  other  entry  under  the  land  laws  of  the  United  States,  whether 
surveyed  or  unsurveyed,  but  shall  be  reserved  for  school  purposes 
only. 

Sec.  34.  That  in  lieu  of  the  grant  of  land  for  purposes  of  internal 
improvement  made  to  new  States  by  the  eighth  section  of  the 
Act  of  September  fourth,  eighteen  hundred  and  forty-one,  which 
section  is  hereby  repealed  as  to  the  proposed  State,  and  in  lieu  of  any 
claim  or  demand  by  the  said  State  under  the  Act  of  September 
twenty-eighth,  eighteen  hundred  and  fifty,  and  section  twenty-four 
hundred  and  seventy-nine  of  the  Revised  Statutes,  making  a  grant  of 
swamp  and  overflowed  lands  to  certain  States,  which  grant  it  is  hereby 
declared  is  not  extended  to  the  said  State,  and  in  lieu  of  any  grant 
of  saline  lands  to  said  State,  save  as  heretofore  made,  the  following 
grants  of  land  from  public  lands  of  the  United  States  within  said 
State  are  hereby  made,  to  wit : 

For  the  establishment  and  maintenance  and  support  of  insane  asy- 
lums in  the  said  State,  two  hundred  thousand  acres;  for  peni- 
tentiaries, two  hundred  thousand  acres;  for  schools  for  the  deaf, 
dumb,  and  the  blind,  two  hundred  thousand  acres;  for  miners'  hos- 
pitals for  disabled  miners,  one  hundred  thousand  acres;  for  normal 
schools,  two  hundred  thousand  acres ;  for  State  charitable,  penal,  and 
reformatory  institutions,  two  hundred  thousand  acres;  for  agricul- 
tural and  mechanical  colleges,  three  hundred  thousand  acres:  Pro- 
vided, That  the  two  national  appropriations  heretofore  annually  paid 
to  the  two  agricultural  and  mechanical  colleges  of  said  Territories, 
respectively,  shall,  until  the  further  order  of  Congress,  continue  to  be 
l^aid  to  said  State  for  the  use  of  said  respective  institutions;  for 
schools  of  mines,  two  hundred  thousand  acres ;  for  military  institutes, 
two  hundred  thousand  acres. 

Sec.  35.  That  all  lands  granted  in  quantity  or  as  indemnity  by 
this  Act  shall  be  selected,  under  the  direction  of  the  Secretary  of  the 
Interior,  from  the  unappropriated  public  lands  of  the  United  States 
within  the  limits  of  the  said  State,  by  a  commission  composed  of  the 
governor,  surveyor-general,  and  attorney-general  of  said  State;  and 
no  fees  shall  be  charged  for  passing  the  title  to  the  same  or  for  the 
preliminary  proceedings  thereof. 

Sec.  36.  That  all  mineral  lands  shall  be  exempted  from  the  grants 
made  by  this  Act;  but  if  any  portion  thereof  shall  be  found  by  the 
Department  of  the  Interior  to  be  mineral  lands,  said  State,  by  the 
commission  provided  for  in  section  thirty-five  hereof,  under  the 
direction  of  the  Secretary  of  the  Interior,  is  hereby  authorized  and 
empowered  to  select,  in  legal  subdivisions,  an  equal  quantity  of  other 
unappropriated  lands  in  said  State  in  lieu  thereof. 


Oklahoma— 1906  2979 

Sec.  37.  That  the  said  State,  when  admitted  as  aforesaid,  shall  con- 
stitute two  judicial  districts,  to  be  named,  respectively,  the  eastern 
and  western  districts  of  Arizona,  the  boundaries  of  said  districts  to 
be  the  same  as  the  boundaries  of  said  Territories,  respectively,  and 
the  circuit  and  district  court  of  said  districts  shall  be  held,  respec- 
tively, at  Albuquerque  and  Phoenix  for  the  time  being,  and  the  said 
districts  shall,  for  judicial  purposes,  until  otherwise  provided,  be 
attached  to  the  ninth  judicial  circuit.  There  shall  be  appointed  for 
each  of  said  districts  one  district  judge,  one  United  States  attorney, 
and  one  United  States  marshal.  The  judge  of  each  of  said  districts 
shall  receive  a  yearly  salary  the  same  as  other  similar  judges  of  the 
United  States,  payable  as  provided  for  by  law,  and  shall  reside  in  the 
district  to  which  he  is  appointed.  There  shall  be  appointed  clerks  of 
said  courts,  who  shall  keep  their  offices  at  said  Albuquerque  and 
Phoenix  in  said  State.  The  regular  terms  of  said  courts  shall  be 
held  in  said  districts,  at  the  places  aforesaid,  on  the  first  Monday  in 
April  and  the  first  Monday  in  November  of  each  year,  and  one  grand 
jury  shall  be  summoned  in  each  year  in  each  of  said  circuit  and  dis- 
trict courts.  The  circuit  and  district  courts  for  said  districts,  and 
the  judges  thereof,  respectively,  shall  possess  the  same  powers  and 
jurisdiction  and  perform  the  same  duties  required  to  be  performed 
by  the  other  circuit  and  district  courts  and  judges  of  the  United 
States,  and  shall  be  governed  by  the  same  laws  and  regulations.  The 
marshal,  district  attorney,  and  clerks  of  the  circuit  and  district  courts 
of  said  districts,  and  all  other  officers  and  persons  performing  duties 
in  the  administration  of  justice  therein,  shall  severally  possess  the 
powers  and  perform  the  duties  lawfully  possessed  and  required  to  be 
performed  by  similar  officers  in  other  districts  of  the  United  States, 
and  shall,  for  the  services  they  may  perform,  receive  the  fees  and  com- 
pensation now  allowed  by  law  to  officers  performing  similar  services 
for  the  United  States  in  the  Territories  of  Arizona  and  New  Mexico, 
respectively. 

Sec.  38.  That  all  cases  of  appeal  or  writ  of  error  heretofore  prose- 
cuted and  now  pending  in  the  Supreme  Court  of  the  United  States 
upon  any  record  from  the  supreme  court  of  either  of  said  Territories, 
or  that  may  hereafter  lawfully  be  prosecuted  upon  any  record  from 
said  courts,  may  be  heard  and  determined  by  said  Supreme  Court  of 
the- United  States.  And  the  mandate  of  execution  or  of  further  pro- 
ceedings shall  be  directed  by  the  Supreme  Court  of  the  United  States 
to  the  circuit  or  district  courts,  respectively,  hereby  established  within 
the  said  State  or  to  the  supreme  court  of  such  State,  as  the  nature  of 
the  case  may  require?  And  the  circuit,  district,  and  State  courts 
herein  named  shall,  respectively,  Ibe  the  successors  of  the  supreme 
courts  of  the  said  Territories  as  to  all  such  cases  arising  within  the 
limits  or  embraced  within  the  jurisdiction  of  such  courts,  respectively, 
with  full  power  to  proceed  with  the  same  and  award  mesne  or  final 
process  therein;  and  that  from  all  judgments  and  decrees  of  the 
supreme  courts  of  the  said  Territories  mentioned  in  this  Act,  in  any 
case  arising  within  the  limits  of  the  proposed  State  prior  to  admission, 
the  parties  to  such  judgment  shall  have  the  same  right  to  prosecute 
appeals  and  writs  of  error  to  the  Supreme  Court  of  the  United  States 
or  to  the  circuit  court  of  appeals  as  they  shall  have  had  by  law  prior 
to  the  admission  of  said  State  into  the  Union. 

7254— VOL  5—09 29 


2980  Oklahoma— 1906 

Sec.  39.  That  in  respect  to  all  cases,  proceedings,  and  matters  now 
pending  in  the  supreme  or  district  courts  of  the  said  Territories  at  the 
time  of  the  admission  into  the  Union  of  the  said  State,  and  arising 
within  the  limits  of  such  State,  whereof  the  circuit  or  district  courts 
by  this  Act  established  might  have  had  jurisdiction  under  the  laws  of 
the  United  States  had  such  courts  existed  at  the  time  of  the  commence- 
ment of  such  cases,  the  said  circuit  and  district  courts,  respectively, 
shall  be  the  successors  of  said  supreme  and  district  courts  of  said  Ter- 
ritories, respectively;  and  in  respect  to  all  other  cases,  proceedings, 
and  matters  pending  in  the  supreme  or  district  courts  of  the  said  Ter- 
ritories at  the  time  of  the  admission  of  such  Territories  into  the  Union, 
arising  within  the  limits  of  said  State,  the  courts  established  by  such 
State  shall,  respectively,  be  the  successors  of  said  supreme  and  dis- 
trict Territorial  courts;  and  all  the  files,  records,  indictments,  and 
proceedings  relating  to  any  such  cases  shall  be  transferred  to  such 
circuit,  district,  and  State  courts,  respectively,  and  the  same  shall 
be  proceeded  with  therein  in  due  course  of  law ;  but  no  writ,  action, 
indictment,  cause,  or  proceeding  now  pending,  or  that  prior  to  the 
admission  of  the  State  shall  be  pending,  in  any  Territorial  court  in 
said  Teritories  shall  abate  by  the  admission  of  such  State  into  the 
Union,  but  the  same  shall  be  transferred  and  proceeded  with  in  the 
proper  United  States  circuit,  district,  or  State  court,  as  the  case  may 
be :  Provided,  however.  That  in  all  civil  actions,  causes,  and  proceed- 
ings in  which  the  United  States  is  not  a  party  transfers  shall  not  be 
made  to  the  circuit  and  district  courts  of  the  United  States  except 
upon  cause  shown  by  written  request  of  one  of  the  parties  to  such 
action  or  proceeding  filed  in  the  proper  court;  and  in  the  absence  of 
such  request  such  cases  shall  be  proceeded  with  in  the  proper  State 
courts. 

Sec.  40.  That  the  constitutional  convention  shall  by  ordinance  pro- 
vide for  the  election  of  officers  for  a  full  State  government,  including 
members  of  the  legislature  and  two  Representatives  in  Congress,  at 
the  time  for  the  election  for  the  ratification  or  rejection  of  the  con- 
stitution; one  of  which  Representatives  shall  be  chosen  from  a  Con- 
gressional district  comprised  of  the  present  Territory  of  Arizona,  to 
be  known  as  the  First  Congressional  district,  and  the  other  from  a 
Congressional  district  comprised  of  the  remainder  of  said  State,  to  be 
known  as  the  Second  Congressional  district;  but  the  said  State  gov- 
ernment shall  remain  in  abeyance  until  the  State  shall  be  admitted 
into  the  Union  as  proposed  by  this  Act.  In  case  the  constitution  of 
said  State  shall  be  ratified  by  a  majority  of  the  qualified  voters  of  said 
Territories  voting  at  the  election  ,held  therefor  as  hereinbefore  pro- 
vided, but  not  otherwise,  the  legislature  thereof  may  assemble  at 
Santa  Fe,  organize,  and  elect  two  Senators  of  the  United  States  in  the 
manner  now  prescribed  by  the  laws  of  the  United  States ;  and  the  gov- 
ernor and  secretary  of  state  of  the  proposed  State  shall  certify  the 
election  of  the  Senators  and  Representatives  in  the  manner  required 
by  law,  and  when  such  State  is  admitted  into  the  Union,  as  provided 
in  this  Act,  the  Senators  and  Representatives  shall  be  entitled  to  be 
admitted  to  seats  in  Congress  and  to  all  rights  and  privileges  of  Sena- 
tors and  Representatives  of  other  States  in  the  Congress  of  the  United 
States ;  and  the  officers  of  the  State  government  formed  in  pursuance 
of  said  constitution,  as  provided  by  the  constitutional  convention,  shall 
proceed  to  exercise  all  the  functions  of  State  officers ;  and  all  laws  of 


Oklahoma— 1906  2981 

said  Territories  in  force  at  the  time  of  their  admission  into  the  Union 
shall  be  in  force  in  the  respective  portions  of  said  State  until  changed 
by  the  legislature  of  said  State,  except  as  modified  or  changed  by  this 
Act  or  by  the  constitution  of  the  State;  and  the  laws  of  the  United 
States  shall  have  the  same  force  and  effect  within  the  said  States  as 
elsewhere  w^ithin  the  United  States. 

Sec.  41.  That  the  sum  of  one  hundred  and  fifty  thousand  dollars,  or 
so  much  thereof  as  may  be  necessary,  is  hereby  appropriated,  out  of 
any  money  in  the  Treasury  not  otherwise  appropriated,  for  defraying 
all  and  every  kind  and  character  of  expense  incident  to  the  elections 
and  conventions  provided  for  in  this  Act ;  that  is,  the  payment  of  the 
expenses  of  holding  the  election  for  members  of  the  constitutional 
convention  and  the  submission  of  the  question  of  joint  statehood  and 
the  election  for  the  ratification  of  the  constitution,  at  the  same  rates 
that  are  paid  for  similar  services  under  the  Territorial  laws,  respec- 
tively, and  for  the  payment  of  the  mileage  for  and  salaries  of  mem- 
bers of  the  constitutional  convention  at  the  same  rates  that  are  paid 
the  said  Territorial  legislatures  under  national  law,  and  for  the  pay- 
ment of  all  proper  and  necessary  expenses,  officers,  clerks,  and  messen- 
gers thereof,  and  printing  and  other  expenses  incident  thereto:  Pro- 
vided, That  any  expense  incurred  in  excess  of  said  sum  of  one  hun- 
dred and  fifty  thousand  dollars  shall  be  paid  by  said  State.  The 
said  money  shall  be  expended  under  the  direction  of  the  Secretary  of 
the  Interior,  and  shall  be  forwarded,  to  be  locally  expended  in  the 
present  Territory  of  Arizona  and  in  the  present  Territory  of  New 
Mexico,  through  the  respective  secretaries  of  said  Territories,  as  may 
be  necessary  and  proper,  in  the  discretion  of  the  Secretary  of  the 
Interior,  in  order  to  carry  out  the  full  intent  and  meaning  of  this 
Act. 

Approved,  June  16,  1906. 

Note. — For  the  constitution  of  Oklahoma  of  1907,  and  the  proclamation  of 
the  President  admitting  the  State  into  the  Union,  see  Volume  VII,  p.  42G9  et  scq. 

The  State  was  admitted  November  16,  1907 ;  the  present  work  was  completed 
and  printed,  as  certified  by  the  Public  Printer,  September  9,  1907. — Ed. 


OREGON 

CONVENTION  WITH  GREAT  BRITAIN— 1818  « 

*  ,        *  *  *  *  *  * 

Articue  III 

It  is  agreed  that  any  countrjr  that  may  be  claimed  by  either  party 
on  the  northwest  coast  of  America,  westward  of  the  Stony  Mountains, 
shall,  together  with  its  harbors,  bays,  and  creeks,  and  the  navigation 
of  all  rivers  within  the  same,  be  free  and  open  for  the  term  of  ten 
years  from  the  date  of  the  signature  of  the  present  convention  to 
the  vessels,  citizens,  and  subjects  of  the  two  powers;  it  being  well 
understood  that  this  agreement  is  not  to  be  construed  to  the  prejudice 
of  any  claim  which  either  of  the  two  high  contracting  parties  may 
have  to  any  part  of  the  said  country,  nor  shall  it  be  taken  to  affect 
the  claims  of  any  other  power  or  State  to  any  part  of  the  said  coun- 
try; the  only  object  of  the  high  contracting  parties,  in  that  respect, 
being  to  prevent  disputes  and  differences  among  themselves.^ 


CONVENTION  WITH  RUSSIA— 1824  « 


Article  I 

It  is  agreed  that,  in  any  part  of  the  Great  Ocean,  commonly  called 
the  Pacific  Ocean,  or  South  Sea,  the  respective  citizens  or  subjects  of 

oThiR  convention,  which  made  provision  for  the  joint  occupation  of  what  is 
now  the  State  of  Oregon  by  the  United  States  and  Great  Britain,  was  concluded 
at  London  October  20,  1818,  and  ratifications  were  exchanged  January  19,  1819. 

&  By  a  convention  concluded  August  6,  1827,  the  provisions  of  this  article  were 
"  indefinitely  extended  and  continued  in  force,"  with  a  proviso  that  either  of  the 
contracting  parties  should  have  the  right,  on  giving  twelve  months'  notice  to 
the  other  contracting  party,  to  annul  and  abrogate  the  agreement. 

A  joint  resolution,  approved  April  27,  184G,  authorized  the  President  to  give 
the  requisite  notice  for  the  abrogation  of  the  joint  occupation,  that  the  Oregon 
Territory  might  "  no  longer  than  need  be  remain  subject  to  the  evil  conse- 
quences of  the  divided  allegiance  of  its  American  and  British  j)opulation,  and 
of  the  confusion  and  conflict  of  national  jurisdictions,  dangerous  to  the  cher- 
ished peace  and  good  understanding  of  the  two  countries;"  "and  that  the 
attention  of  the  governments  of  both  countries  be  the  more  earnestly  directed 
to  the  adoption  of  all  proper  measures  for  a  speedy  and  amicable  adjustment 
of  the  differences  and  disputes  in  regard  to  the  said  territory." 

c  This  convention,  which  made  provision  for  regulating  fishing  and  trading 
on  the  Pacific  coast,  fixed  the  line  54°  40'  as  the  northern  l)oundary  claimed  by 
the  United  States.  It  was  concluded  at  St.  Petersburg  April  5-17,  1824,  ratified 
and  proclaimed  January  12,  1825. 

2983 


2984  Oregon— 1824 

the  high  contracting  Powers  shall  be  neither  disturbed  nor  restrained, 
either  in  navigation  or  fishing,  or  in  the  power  of  resorting  to  the 
coasts,  upon  points  which  may  not  already  have  been  occupied,  for 
the  purpose  of  trading  with  the  natives,  saving  always  the  restrictions 
and  conditions  determined  by  the  following  articles. 

Article  II 

With  a  view  of  preventing  the  rights  of  navigation  and  of  fishing 
exercised  upon  the  Great  Ocean  by  the  citizens  and  subjects  of  the 
high  contracting  Powers  from  becoming  the  pretext  for  an  illicit 
trade,  it  is  agreed  that  the  citizens  of  the  United  States  shall  not 
resort  to  any  point  where  there  is  a  Russian  establishment,  without 
the  permission  of  the  governor  or  commander ;  and  that,  reciprocally, 
the  subjects  of  Russia  shall  not  resort,  without  permission,  to  any 
establishment  of  the  United  States  upon  the  northwest  coast. 

Article  III 

It  is  moreover  agreed  that,  hereafter,  there  shall  not  be  formed  by 
the  citizens  of  the  United  States,  or  under  the  authority  of  the  said 
States,  any  establishment  upon  the  Northwest  coast  of  America,  nor 
in  any  of  the  islands  adjacent,  to  the  north  of  fifty-four  degrees  and 
forty  minutes  of  north  latitude ;  and  that,  in  the  same  manner,  there 
shall  be  none  formed  by  Russian  subjects,  or  under  the  authority  of 
Russia,  south  of  the  same  parallel. 

Article  IV 

It  is,  nevertheless,  understood  that  during  a  term  of  ten  years, 
counting  from  the  signature  of  the  present  convention,  the  ships  of 
both  Powers,  or  which  belong  to  their  citizens  or  subjects  respec- 
tively, may  reciprocally  frequent,  without  any  hindrance  whatever, 
the  interior  seas,  gulfs,  harbors,  and  creeks,  upon  the  coast  mentioned 
in  the  preceding  article,  for  the  purpose  of  fishing  and  trading  with 
the  natives  of  the  country. 

Article  V 

All  spirituous  liquors,  fire-arms,  other  arms,  powder,  and  muni- 
tions of  war  of  every  kind,  are  always  excepted  from  this  same  com- 
merce permitted  by  the  preceding  article;  and  the  two  Powers 
engage,  reciprocally,  neither  to  sell,  nor  suffer  them  to  be  sold,  to  the 
natives  by  their  respective  citizens  and  subjects,  nor  by  any  person 
who  may  be  under  their  authority.  It  is  likewise  stipulated  that  this 
restriction  shall  never  afford  a  pretext,  nor  be  advanced,  in  any  case, 
to  authorize  either  search  or  detention  of  the  vessels,  seizure  of  the 
merchandize,  or,  in  fine,  any  measures  of  constraint  whatever  towards 
the  merchants  or  the  crews  who  may  carry  on  this  commerce;  the 
hi^h  contracting  Powers  reciprocally  reserving  to  themselves  to  deter- 
mine upon  the  penalties  to  be  incurred,  and  to  inflict  the  punishments 
in  case-  of  the  contravention  of  this  article  by  their  respective  citizens 
or  subjects. 


Oregon— 1846  2985 

TREATY  WITH  GREAT  BRITAIN~1846  « 

The  United  States  of  America  and  Her  Majesty  the  Queen  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  deeming  it  to  be 
desirable  for  the  future  welfare  of  both  countries  that  the  state  of 
doubt  and  uncertainty  which  has  hitherto  prevailed  respecting  the 
sovereignty  and  government  of  the  territory  on  the  northwest  coast 
of  America,  lying  westward  of  the  Rocky  or  Stony  Mountains,  should 
be  finally  terminated  by  an  amicable  compromise  of  the  rights  mutu- 
ally asserted  by  the  two  parties  over  the  said  territory,  have  respec- 
tively named  plenipotentiaries  to  treat  and  agree  concerning  the  terms 
of  such  settlement,  that  is  to  say : 

The  President  of  the  United  States  of  America  has,  on  his  part, 
furnished  with  full  powers  James  Buchanan,  Secretary  of  State  of 
the  United  States,  and  Her  Majesty  the  Queen  of  the  United  King- 
dom of  Great  Britain  and  Ireland  has,  on  her  part,  appointed  the 
Right  Honorable  Richard  Pakenham,  a  member  of  Her  Majesty's 
Most  Honorable  Privy  Council,  and  Her  Majesty's  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  found  in  good  and  due  form,  have  agreed  upon  and  con- 
cluded the  following  articles : 

Article  I 

From  the  point  on  the  forty-ninth  parallel  of  north  latitude,  where 
the  boundary  laid  down  in  existing  treaties  and  conventions  between 
the  United  States  and  Great  Britain  terminates,  the  line  of  boundary 
between  the  territories  of  the  United  States  and  those  of  Her  Britan- 
nic Majesty  shall  be  continued  westward  along  the  said  forty-ninth 
parallel  of  north  latitude  to  the  middle  of  the  channel  which  separates 
the  continent  from  Vancouver's  Island,  and  thence  southerly  through 
the  middle  of  the  said  channel,  and  of  Fuca's  Straits,  to  the  Pacific 
Ocean :  Pro  oided^  however^  That  the  navigation  of  the  whole  of  the 
said  channel  and  straits,  south  of  the  forty-ninth  parallel  of  north 
latitude,  remain  free  and  open  to  both  parties. 

Article  II 

From  the  point  at  which  the  forty-ninth  parallel  of  north  latitude 
shall  be  found  to  intersect  the  ^reat  northern  branch  of  the  Columbia 
River,  the  navigation  of  the  said  branch  shall  be  free  and  open  to  the 
Hudson's  Bay  Company,  and  to  all  British  subjects  trading  with  the 
same,  to  the  point  where  the  said  branch  meets  the  main  stream  of  the 
Columbia,  and  thence  down  the  said  main  stream  to  the  ocean,  with 
free  access  into  and  through  the  said  river  or  rivers,  it  being  under- 
stood that  all  the  usual  portages  along  the  line  thus  described  shall,  in 
like  manner,  be  free  and  open.  In  navigating  the  said  river  or  rivers, 
British  subjects,  with  their  goods  and  produce,  shall  be  treated  on  the 
same  footing  as  citizens  of  the  United  States;  it  being,  however, 
always  understood  that  nothing  in  this  article  shall  be  construed  as 

a  This  treaty  was  concluded  at  Washington  June  15,  184G,  ratifications  were 
exchanged  July  17,  1846,  and  it  was  proclaimed  August  5,  1846. 


2986  Oregon— 1848 

preventing,  or  intended  to  prevent,  the  Government  of  the  United 
States  from  making  any  regulations  respecting  the  navigation  of  the 
said  river  or  rivers  not  inconsistent  with  the  present  treaty. 

Article  III 

In  the  future  appropriation  of  the  territory  south  of  the  forty-ninth 
parallel  of  north  latitude,  as  provided  in  the  first  article  of  this  treaty, 
the  possessory  rights  of  the  Hudson's  Bay  Company,  and  of  all  Brit- 
ish subjects  who  may  be  already  in  the  occupation  of  land  or  other 
property  lawfully  acquired  within  the  said  territory,  shall  be  re- 
spected. 

Article  IV 

The  farms,  lands,  and  other  property  of  every  description  belong- 
ing to  the  Puget's  Sound  Agricultural  Company,  on  the  north  side  of 
the  Columbia  River,  shall  be  confirmed  to  the  said  company.  In  case, 
however,  the  situation  of  those  farms  and  lands  should  be  considered 
by  the  United  States  to  be  of  public  and  political  importance,  and 
the  United  States  Government  should  signify  a  desire  to  obtain  pos- 
session of  the  whole,  or  of  any  part  thereof,  the  property  so  required 
shall  be  transferred  to  the  said  Government,  at  a  proper  valuation,  to 
be  agreed  upon  between  the  parties. 

Article  V 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and 
by  Her  Britannic  Majesty;  and  the  ratifications  shall  be  exchanged 
at  London,  at  the  expiration  of  six  months  from  the  date  hereof,  or 
sooner  if  possible. 

In  witness  whereof  the  respective  plenipotentiaries  have  signed  the 
same,  and  have  affixed  thereto  the  seals  of  their  arms. 

Done  at  Washington  the  fifteenth  day  of  June,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  forty-six. 

James  Buchanan.         [l.  s.] 
Richard  Pakenham.     [l.  s.] 


THE  TERRITOEIAL  GOVERNMENT  OF  OREGON— 1848  « 

[Thirtieth  Congress,  First  Session] 
An  Act  to  establish  the  territorial  government  of  Oregon 

Be  it  enacted  ty  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Goiigress  assembled^  That  from  and 
after  the  passage  of  this  act,  all  that  part  of  the  Territory  of  the 
United  States  which  lies  west  of  the  summit  of  the  Eocky  Mountains, 

o  See  also  the  acts  to  authorize  extension  of  session  of  legislature,  July  18, 
1850;  and  to  fix  the  seat  of  government,  May  4,  1852. 

A  provisional  government  was*  established  in  Oregon  in  1841,  by  the  emi- 
grants, from  the  United  States,  and  a  constitution  was  adopted  July  5,  1843, 
which  was  recognized.  General  Joseph  Lane,  the  first  territorial  governor, 
arrived,  and,  by  proclamation,  put  the  territorial  government  into  operation 
March  3,  1849. 


Oregon— 184^  2987 

north  of  the  forty-second  degree  of  north  latitude,  known  as  the  Ter- 
ritory of  Oregon,  shall  be  organized  into  and  constitute  a  temporary 
government,  by  the  name  of  the  Territory  of  Oregon:  Provided^ 
That  nothing  in  this  act  contained  shall  be  construed  to  impair  the 
rights  of  person  or  property  now  pertaining  to  the  Indians  in  said 
Territory,  so  long  as  such  rights  shall  remain  unextinguished  by 
treaty  between  the  United  States  and  such  Indians,  or  to  affect  the 
authority  of  the  Government  of  the  United  States  to  make  any  regu- 
lation respecting  such  Indians,  their  lands,  property,  or  other  rights, 
by  treaty,  law,  or  otherwise,  which  it  would  have  been  competent  to 
the  Government  to  make  if  this  act  had  never  passed :  And  provided 
also,  That  the  title  to  the  land,  not  exceeding  six  hundred  and  forty 
acres,  now  occupied  as  missionary  stations  among  the  Indian  tribes 
in  said  Territory,  together  with  the  improvements  thereon,  be  con- 
firmed and  established  in  the  several  religious  societies  to  which  said 
missionary  stations  respectively  belong :  And  provided  further,  That 
nothing  in  this  act  contained  shall  be  construed  to  inhibit  the  Gov- 
ernment of  the  United  States  from  dividing  the  said  Territory  into 
two  or  more  Territories,  in  such  manner  and  at  such  times  as  Con- 
gress shall  deem  convenient  and  proper,  or  from  attaching  any  por- 
tion of  said  Territory  to  any  other  State  or  Territory  of  the  United 
States. 

Sec.  2.  And  he  it  further  enacted,  That  the  executive  power  and 
authority  in  and  over  said  Territory  of  Oregon  shall  be  vested  in  a  gov- 
ernor, who  shall  hold  his  office  for  four  years,  and  until  his  successor 
shall  be  appointed  and  qualified,  unless  sooner  removed  by  the  Presi- 
dent of  the  United  States.  The  governor  shall  reside  within  said  Terri- 
tory, shall  be  commander-in-chief  of  the  militia  thereof,  shall  perform 
the  duties  and  receive  the  emoluments  of  superintendent  of  Indian 
affairs;  he  may  grant  pardons  and  respites  for  offences  against  the 
laws  of  said  Territory,  and  reprieve  for  offences  against  the  laws  of 
the  United  States,  until  the  decision  of  the  President  can  be  made 
known  thereon ;  he  shall  commission  all  officers  who  shall  be  appointed 
to  office  under  the  laws  of  the  said  Territory,  where,  by  law,  such 
commissions  shall  be  required,  and  shall  take  care  that  the  laws  be 
faithfully  executed. 

Sec.  3.  And  he  it  further  enacted,  That  there  shall  be  a  secretary  of 
said  Territory,  who  shall  reside  therein,  and  hold  his  office  for  five 
years,  unless  sooner  removed  by  the  President  of  the  United  States; 
he  shall  record  and  preserve  all  the  laws  and  proceedings  of  the  legis- 
lative assembly  hereinafter  constituted,  and  all  the  acts  and  proceed- 
ings of  the  governor  in  his  executive  department;  he  shall  transmit 
one  copy  of  the  laws  and  journals  of  the  legislative  assembly  within 
thirty  days  after  the  end  of  each  session,  and  one  copy  of  the  execu- 
tive proceedings  and  official  correspondence,  semi-annually,  on  the 
first  days  of  January  and  July  in  each  year,  to  the  President  of  the 
United  States,  and  two  copies  of  the  laws  to  the  President  of  the  Sen- 
ate and  to  the  Speaker  of  the  House  of  Representatives,  for  the  use 
of  Congress.  And  in  case  of  the  death,  removal,  resignation,  or 
absence  of  the  governor  from  the  Territory,  the  secretary  shall  be, 
and  he  is  hereby,  authorized  and  required  to  execute  and  perform 
all  the  powers  and  duties  of  the  governor  during  such  vacancy  or 
absence,  or  until  another  governor  shall  be  duly  appointed  and 
qualified  to  fill  such  vacancy. 


2988  Oregon— 1848 

Sec.  4.  And  he  it  further  enacted^  That  the  legislative  power  and 
authority  of  said  Territory  shall  be  vested  in  a  legislative  assembly. 
The  legislative  assembly  shall  consist  of  a  council  and  house  of  repre- 
sentatives. The  council  shall  consist  of  nine  members,  having  the 
qualifications  of  voters  as  hereinafter  prescribed,  whose  term  of 
service  shall  continue  three  years.  Immediately  after  they  shall  be 
assembled,  in  consequence  of  the  first  election,  they  shall  be  divided 
as  equally  as  may  be  into  three  classes.  The  seats  of  the  members  of 
council  of  the  first  class  shall  be  vacated  at  the  expiration  of  the  first 
year ;  of  the  second  class,  at  the  expiration  of  the  second  year ;  and  of 
the  third  class,  at  the  expiration  of  the  third  year,  so  that  one-third 
may  be  chosen  every  year;  and  if  vacancies  happen  by  resignation 
or  otherwise,  the  same  shall  be  filled  at  the  next  ensuing  election.  The 
house  of  representatives  shall,  at  its  first  session,  consist  of  eighteen 
members,  possessing  the  same  qualifications  as  prescribed  for  mem- 
bers of  the  council,  and  whose  term  of  service  shall  continue  one  year. 
The  number  of  representatives  may  be  increased  by  the  legislative 
assembly  from  time  to  time,  in  proportion  to  the  increase  of  qualified 
voters:  Provided^  That  the  whole  number  shall  never  exceed  thirty. 
An  apportionment  shall  be  made,  as  nearly  equal  as  practicable, 
among  the  several  counties  or  districts,  for  the  election  of  the  council 
and  representatives,  giving  to  each  section  of  the  Territory  repre- 
sentation in  the  ratio  of  its  qualified  voters,  as  nearly  as  may  be.  And 
the  members  of  the  council  and  of  the  house  of  representatives  shall 
reside  in  and  be  inhabitants  of  the  district,  or  county  or  counties,  for 
which  they  may  be  elected  respectively.  Previous  to  the  first  election, 
the  governor  shall  cause  a  census  or  enumeration  of  the  inhabitants 
and  qualified  voters  of  the  several  counties  and  districts  of  the  Terri- 
tory to  be  taken  by  such  persons,  and  in  such  mode,  as  the  governor 
shall  designate  and  appoint;  and  the  persons  so  appointed  shall 
receive  a  reasonable  compensation  therefor;  and  the  first  election 
shall  be  held  at  such  time  and  places,  and  be  conducted  in  such  man- 
ner, both  as  to  the  persons  who  shall  superintend  such  election,  and 
the  returns  thereof,  as  the  governor  shall  appoint  and  direct ;  and  he 
shall,  at  the  same  time,  declare  the  number  of  members  of  the  council 
and  house  of  representatives  to  which  each  of  the  counties  or  districts 
shall  be  entitled  under  this  act;  and  the  governor  shall,  by  his  proc- 
lamation, give  at  least  sixty  days'  previous  notice  of  such  apportion- 
ment, and  of  the  time,  places,  and  manner  of  holding  such  election. 
The  persons  having  the  highest  number  of  legal  votes  in  each  of  said 
council  districts  for  members  of  the  council  shall  be  declared  by  the 
governor  to  be  duly  elected  to  the  council ;  and  the  persons  having  the 
highest  number  of  legal  votes  for  the  house  of  representatives  shall 
be  declared  by  the  governor  to  be  duly  elected  members  of  said  house : 
Provided^  That  in  case  two  more  persons  voted  for  shall  have  an 
equal  number  of  votes,  and  in  case  a  vacancy  shall  otherwise  occur  in 
either  branch  of  the  legislative  assembly,  the  governor  shall  order  a 
new  election ;  and  the  persons  thus  elected  to  the  legislative  assembly 
shall  meet  at  such  place,  and  on  such  day,  within  ninety  days  after 
such  elections,  as  the  governor  shall  appoint;  but,  thereafter,  the 
time,  place,  and  manner  of  holding  and  conducting  all  elections  by 
the  people,  and  the  apportioning  the  representation  in  the  several 
counties  or  districts  to  the  council  and  house  of  representatives, 
according  to  the  number  of  qualified  voters,  shall  be  prescribed  by 


Oregon— 1S4S  2989 

law,  as  well  as  the  day  of  the  commencement  of  the  regular  sessions 
of  the  legislative  assembly:  Provided^  That  no  session  in  any  one 
year  shall  exceed  the  term  of  sixty  days,  except  the  first  session, 
which  shall  not  be  prolonged  beyond  one  hundred  days. 

Sec.  5.  And  he  it  further  enacted^  That  every  white  male  inhabitant 
above  the  age  of  twenty-one  years,  who  shall  have  been  a  resident  of 
said  Territory  at  the  time  of  the  passage  of  this  act,  and  shall  possess 
the  qualifications  hereinafter  prescribed,  shall  be  entitled  to  vote 
at  the  first  election,  and  shall  be  eligible  to  any  office  within  the  said 
Territory;  but  the  qualifications  of  voters  and  of  holding  office, 
at  all  subsequent  elections,  shall  be  such  as  shall  be  prescribed  by  the 
legislative  assembly : '  Provided^  That  the  right  of  suffrage  and  of 
holding  office  shall  be  exercised  only  by  citizens  of  the  United 
States  above  the  age  of  twenty-one  years,  and  those  above  that  age 
who  shall  have  declared,  on  oath,  their  intention  to  become  such, 
and  shall  have  taken  an  oath  to  support  the  Constitution  of  the 
United  States  and  the  provisions  of  this  act :  And  provided  further^ 
That  no  officer,  soldier,  seaman,  or  marine,  or  other  person  in  the 
Army  or  Navy  of  the  United  States,  or  attached  to  troops  in  the 
service  of  the  United  States,  shall  be  allowed  to  vote  in  said  Ter- 
ritory, by  reason  of  being  on  service  therein,  unless  said  Territory  is 
and  has  been  for  the  period  of  six  months  his  permanent  domicile: 
Provided  further^  That  no  person  belonging  to  the  Army  or  Navy 
of  the  United  States  shall  ever  be  elected  to  or  hold  any  civil  office 
or  appointment  in  said  Territory. 

Sec.  6.  And  he  it  further  enacted^  That  the  legislative  power  of 
the  Territory  shall  extend  to  all  rightful  subjects  of  legislation  not 
inconsistent  with  the  constitution  and  laws  of  the  United  States; 
but  no  law  shall  be  passed  interfering  with  the  primary  disposal 
of  the  soil ;  no  tax  shall  be  imposed  upon  the  property  of  the  United 
States;  nor  shall  the  lands  or  other  property  of  non-residents  be 
taxed  higher  than  the  lands  or  other  property  of  residents.  All 
the  laws  passed  by  the  legislative  assembly  shall  be  submitted  to  the 
Congress  of  the  United  States,  and  if  disapproved,  shall  be  null 
and  of  no  effect:  Provided^  That  nothing  in  this  act  shall  be  con- 
strued to  give  power  to  incorporate  a  bank,  or  any  institution  with 
banking  powers,  or  to  borrow  money  in  the  name  of  the  Ter- 
ritory, or  to  pledge  the  faith  of  the  people  of  the  same  for  any 
loan  whatever,  either  directly  or  indirectly.  No  charter  granting 
any  privilege  of  making,  issuing,  or  putting  into  circulation  any 
notes  or  bills  in  the  likeness  of  bank-notes,  or  any  bonds,  scrip, 
drafts,  bills  of  exchange  or  obligations,  or  granting  any  other  bank- 
ing powers  or  privileges,  shall  be  passed  by  the  legislative  assembly ; 
nor  shall  the  establishment  of  any  branch  or  agency  of  any  such  cor- 
poration, derived  from  other  authority,  be  allowed  in  said  Territory ; 
nor  shall  said  legislative  assembly  authorize  the  issue  of  any  obli- 
gation, scrip,  or  evidence  of  debt  by  said  Territory,  in  any  mode 
or  manner  whatever,  except  certificates  for  services  to  said  Territory ; 
and  all  such  laws,  or  any  law  or  laws  inconsistent  with  the  provisions 
of  this  act,  shall  be  utterly  null  and  void ;  and  all  taxes  shall  be  equal 
and  uniform,  and  no  distinction  shall  be  made  in  the  assessments 
between  different  kinds  of  property,  but  the  assessments  shall  be 
according  to  the  value  thereof.  To  avoid  improper  influences  which 
may  result  from  intermixing  in  one  and  the  same  act  such  things  as 


2990  Oregon— 18^8 

have  no  proper  relation  to  each  other,  every  law  shall  embrace  but  one 
object,  and  that  shall  be  expressed  in  the  title. 

Sec.  T.  And  he  it  further  enacted^  That  all  township,  district,  and 
county  officers,  not  herein  otherwise  provided  for,  shall  be  appointed 
or  elected  in  such  manner  as  shall  be  provided  by  the  legislative 
assembly  of  the  Territory  of  Oregon. 

Sec.  8.  And  he  it  further  enacted^  That  no  member  of  the  legis- 
lative assembly  shall  hold,  or  be  appointed  to,  any  office  which  shall 
have  been  created,  or  the  salary  or  emoluments  of  which  shall  have 
been  increased,  while  he  was  a  member,  during  the  term  for  which 
he  was  elected,  and  for  one  year  after  the  expiration  of  such  term; 
but  this  restriction  shall  not  be  applicable  to  members  of  the  first 
legislative  assembly ;  and  no  person  holding  a  commission  or  appoint- 
ment under  the  United  States  shall  be  a  member  of  the  legislative 
assembly,  or  shall  hold  any  office  under  the  government  of  said 
Territory. 

Sec.  9.  And  he  it  further  enacted^  That  the  judicial  power  of  said 
Territory  shall  be  vested  in  a  supreme  court,  district  courts,  probate 
courts,  and  in  justices  of  the  peace.  The  supreme  court  shall  consist 
of  a  chief  justice  and  two  associate  justices,  any  two  of  Avhom  shall 
constitute  a  quorum,  and  who  shall  hold  a  term  at  the  seat  of  govern- 
ment of  said  Territory  annually,  and  they  shall  hold  their  offices 
during  the  period  of  four  years,  and  until  their  successors  shall  be 
appointed  and  qualified.  The  said  Territory  shall  be  divided  into 
three  judicial  districts,  and  a  district  court  shall  be  held  in  each  of 
said  districts  by  one  of  the  justices  of  the  supreme  court,  at  such 
times  and  places  as  may  be  prescribed  by  law ;  and  the  said  judges 
shall,  after  their  appointments,  respectively,  reside  in  the  districts 
which  shall  be  assigned  them.  The  jurisdiction  of  the  several  courts 
herein  provided  for,  both  appellate  and  original,  and  that  of  the 
probate  courts  and  of  justices  of  the  peace,  shall  be  as  limited  by  law : 
Provided^  That  justices  of  the  peace  shall  not  have  jurisdiction  of 
any  case  in  which  the  title  to  land  shall  in  any  wise  come  in  question, 
or  where  the  debt  or  damages  claimed  shall  exceed  one  hundred  dollars ; 
and  the  said  supreme  and  district  courts,  respectively,  shall  possess 
chancery  as  well  as  common-law  jurisdiction.  Each  district  court, 
or  the  judge  thereof,  shall  appoint  its  clerk,  who  shall  also  be  the 
register  in  chancery,  and  shall  keep  his  office  at  the  place  where  the 
court  may  be  held.  Writs  of  error,  bills  of  exception,  and  appeals, 
shall  be  allowed  in  all  cases  from  the  final  decisions  of  said  district 
courts  to  the  supreme  court,  under  such  regulations  as  may  be  pre- 
scribed by  law ;  but  in  no  case  removed  to  the  supreme  court,  shall 
trial  by  jury  be  allowed  in  said  court.  The  supreme  court,  or  the 
justices  thereof,  shall  appoint  its  own  clerk,  and  every  clerk  shall 
hold  his  office  at  the  pleasure  of  the  court  for  which  he  shall  have 
been  appointed.  Writs  of  error  and  appeals  from  the  final  decisions 
of  said  supreme  court  shall  be  allowed,  and  may  be  taken  to  the 
Supreme  Court  of  the  United  States,  in  the  same  manner  and  under 
the  same  regulations  as  from  the  circuit  courts  of  the  United  States, 
where  the  value  of  the  property  or  the  amount  in  controversy,  to  be 
ascertained  by  the  oath  or  affirmation  of  either  party,  or  other  com- 
petwit  witness,  shall  exceed  two  thousand  dollars,  and  in  all  cases 
where  the  Constitution  of  the  United  States,  or  acts  of  Congress,  or 
a  treaty  of  the  United  States,  is  brought  in  question ;  and  each  of  the 


Oregon— 1848  2991 

said  district  courts  shall  have  and  exercise  the  same  jurisdiction  in 
all  cases  arising  under  the  Constitution  of  the  United  States  and  the 
laws  of  said  Territory,  as  is  vested  in  the  circuit  and  district  courts 
of  the  United  States;  writs  of  error  and  appeal  in  all  such  cases 
shall  be  made  to  the  supreme  court  of  said  Territory,  the  same  as  in 
other  cases.  Writs  of  error  and  appeals  from  the  final  decisions  of 
said  supreme  court  shall  be  allowed,  and  may  be  taken  to  the  Supreme 
Court  of  the  United  States,  in  the  same  manner  as  from  the  circuit 
courts  of  the  United  States,  where  the  value  of  the  property  or  the 
amount  in  controversy  shall  exceed  two  thousand  dollars;  and  each 
of  said  district  courts  shall  have  and  exercise  the  same  jurisdiction 
.in  all  cases  arising  under  the  Constitution  and  laws  of  the  United 
States  as  is  vested  in  the  circuit  and  district  courts  of  the  United 
States,  and  also  of  all  cases  arising  under  the  laws  of  the  said  Terri- 
tory and  otherwise.  The  said  clerk  shall  receive,  in  all  such  cases, 
the  same  fees  which  the  clerks  of  the  district  courts  of  the  late  Wis- 
consin Territory  received  for  similar  services. 

Sec.  10.  And  he  it  further  enacted^  That  there  shall  be  appointed 
an  attorney  for  said  Territory,  who  shall  continue  in  office  for  four 
years,  and  until  his  successor  shall  be  appointed  and  qualified, 
unless  sooner  removed  by  the  President,  and  who  shall  receive  the 
same  fees  and  salary  as  were  provided  by  law  for  the  attorney  of  the 
United  States  for  the -late  Territory  of  Wisconsin.  There  shall  also 
be  a  marshal  for  the  Territory  appointed,  who  shall  hold  his  office 
for  four  years,  and  until  his  successor  shall  be  appointed  and  quali- 
fied, unless  sooner  removed  by  the  President,  and  w^ho  shall  execute 
all  processes  issuing  from  the  said  courts,  when  exercising  their  juris- 
diction as  circuit  and  district  courts  of  the  United  States;  he  shall 
perform  the  duties,  be  subject  to  the  same  regulation  and  penalties, 
and  be  entitled  to  the  same  fees,  as  were  provided  by  law  for  the  mar- 
shal of  the  district  court  of  the  United  States  for  the  present  [late] 
Territory  of  Wisconsin ;  and  shall,  in  addition,  be  paid  tw.o  hundred 
dollars  annually  as  a  compensation  for  extra  services. 

Sec.  11.  And  he  it  further  enacted^  That  the  governor,  secretary, 
chief  justice  and  associate  justices,  attorney,  and  marshal,  shall  be 
nominated,  and,  by  and  with  the  advice  and  consent  of  the  senate, 
appointed  by  the  President  of  the  United  States.  The  governor  and 
secretary,  to  be  appointed  as  aforesaid,  shall,  before  they  act  as  such, 
respectively  take  an  oath  or  affirmation,  before  the  district  judge,  or 
some  justice  of  the  peace  in  the  limits  of  said  Territory,  duly  author- 
ized to  administer  oaths  and  affirmations  by  the  laws  now  in  force 
therein,  or  before  the  chief  justice  or  some  associate  justice  of  the 
Supreme  Court  of  the  United  States,  to  support  the  Constitution  of 
the  United  States,  and  faithfully  to  discharge  the  duties  of  their 
respective  offices;  which  said  oaths,  when  so  taken,  shall  be  certified 
by  the  person  by  whom  the  same  shall  have  been  taken,  and  such  cer- 
tificates shall  be  received  and  recorded  by  the  said  secretary  among 
the  executive  proceedings;  and  the  chief  justice  and  associate  jus- 
tices, and  all  other  civil  officers  in  said  Territory,  before  they  act  as 
such,  shall  take  a  like  oath  or  affirmation,  before  the  said  governor 
or  secretary,  or  some  judge  or  justice  of  the  peace  of  the  Territory, 
who  may  be  duly  commissioned  and  qualified;  which  said  oath  or 
affirmation  shall  be  certified  and  transmitted  by  the  person  taking 


2992  Oregon— 1848 

the  same  to  the  secretary,  to  be  by  him  recorded  as  aforesaid;  and, 
afterwards,  the  like  oath  or  affirmation  shall  be  taken,  certified,  and 
recorded,  in  such  manner  and  form  as  may  be  prescribed  by  law. 
The  governor  shall  receive  an  annual  salary  of  fifteen  hundred  dol- 
lars as  governor,  and  fifteen  hundred  dollars  as  superintendent  of 
Indian  affairs.  The  chief  justice  and  associate  justices  shall  each 
receive  an  annual  salary  of  two  thousand  dollars.  The  secretary 
shall  receive  an  annual  salary  of  fifteen  hundred  dollars.  The  said 
salaries  shall  be  paid  quarter-yearly,  from  the  dates  of  the  respective 
appointments,  at  the  Treasury  of  the  United  States;  but  no  such 
payment  shall  be  made  until  said  officers  shall  have  entered  upon 
the  duties  of  their  respective  appointments.  The  members  of  the 
legislative  assembly  shall  be  entitled  to  receive  three  dollars  each  per 
day  during  their  attendance  at  the  session  thereof,  and  three  dollars 
each  for  every  twenty  miles'  travel  in  going  to  and  returning  from 
said  sessions,  estimated  according  to  the  nearest  usually  travelled 
route.  And  a  chief  clerk,  one  assistant  clerk,  a  sergeant-at-arms,  and 
door-keeper  may  be  chosen  for  each  house;  and  the  chief  clerk  shall 
receive  five  dollars  per  day,  and  the  said  other  officers  three  dollars 
per  day,  during  the  session  of  the  legislative  assembly,  but  no  other 
officers  shall  be  paid  by  the  United  States :  Provided^  That  there  shall 
be  but  one  session  of  the  legislature  annually,  unless,  on  an  extraor- 
dinary occasion,  the  governor  shall  think  proper  to  call  the  legis- 
lature together.  There  shall  be  appropriated  annually  the  sum  of 
fifteen  hundred  dollars,  to  be  expended  by  the  governor  to  defray 
the  contingent  expenses  of  the  Territory,  including  the  salary  of  a 
clerk  of  the  executive  department;  and  there  shall  also  be  appropri- 
ated annually  a  sufficient  sum,  to  be  expended  by  the  secretary  of  the 
Territory,  and  upon  an  estimate  to  be  made  by  the  Secretary  of  the 
Treasury  of  the  United  States,  to  defray  the  expenses  of  the  legis- 
lative assembly,  the  printing  of  the  laws,  and  other  incidental 
expenses;  and  the  governor  and  secretary  of  the  Territory  shall,  in 
the  disbursement  of  all  moneys  intrusted  to  them,  be  governed  solely  by 
the  instructions  of  the  Secretary  of  the  Treasury  of  the  United  States, 
and  shall,  semi-annually,  account  to  the  said  Secretary  for  the  man- 
ner in  which  the  aforesaid  [sum]  moneys  shall  have  been  expended; 
and  no  expenditure,  to  be  paid  out  of  money  appropriated  by  Con- 
gress, shall  be  made  by  said  legislative  assembly  for  objects  not  spe- 
cially authorized  by  the  acts  of  Congress  making  the  appropriations, 
nor  beyond  the  sums  thus  appropriated  for  such  objects. 

Sec.  12.  And  he  it  further  enacted^  That  the  rivers  and  streams  of 
water  in  said  Territory  of  Oregon  in  which  salmon  are  found,  or  to 
which  they  resort,  shall  not  be  obstructed  by  dams  or  otherwise,  unless 
such  dams  or  obstructions  are  so  constructed  as  to  allow  salmon  to 
pass  freely  up  and  down  such  rivers  and  streams. 

Sec.  13.  And  he  it  further  enacted^  That  the  sum  of  ten  thousand 
dollars  be,  and  is  hereby,  appropriated,  to  be  expended  under  the 
direction  of  the  President  of  the  United  States,  in  payment  for  the 
services  and  expenses  of  such  persons  as  have  been  engaged  by  the 
provisional  government  of  Oregon  in  conveying  communications  to 
and  from  the  United  States,  and  the  purchase  of  presents  for  such  of 
the  Indian  tribes  as  the  peace  and  quietude  of  the  country  requires. 

Sec.  14.  And  he  it  further  enacted.  That  the  inhabitants  of  said 
Territory  shall  be  entitled  to  enjoy  all  and  singular  the  rights,  priv- 


Oregon— 1848  2993 

ileges,  and  advantages  granted  and  secured  to  the  people  of  the  terri- 
tory of  the  United  States  northwest  of  the  river  Ohio,  by  the  articles 
of  compact  contained  in  the  ordinance  for  the  government  of  said 
territory,  on  the  thirteenth  day  of  July,  seventeen  hundred  and 
eighty-seven;  and  shall  be  subject  to  all  the  conditions,  and  restric- 
tions, and  prohibitions  in  said  articles  of  compact  imposed  upon  the 
people  of  said  territory;  and  the  existing  laws  now  in  force  in  the 
Territory  of  Oregon,  under  the  authority  of  the  provisional  govern- 
ment established  by  the  people  thereof,  shall  continue  to  be  valid  and 
operative  therein,  so  far  as  the  same  be  not  incompatible  with  the 
Constitution  of  the  United  States,  and  the  principles  and  provisions 
of  this  act ;  subject,  nevertheless,  to  be  altered,  modified,  or  repealed 
by  the  legislative  assembly  of  the  said  Territory  of  Oregon;  but  all 
laws  heretofore  passed  in  said  Territory  making  grants  of  land,  or 
otherwise  affecting  or  incumbering  the  title  to  lands,  shall  be,  and  are 
hereby  declared  to  be,  null  and  void;  and  the  laws  of  the  United 
States  are  hereby  extended  over  and  declared  to  be  in  force  in  said 
Territory,  so  far  as  the  same,  or  any  provision  thereof,  may  be  appli- 
cable. 

Sec.  15.  And  he  it  further  enacted^  That  the  legislative  assembly  of 
the  Territory  of  Oregon  shall  hold  its  first  session  at  such  time  and 
place  in  said  Territory  as  the  governor  thereof  shall  appoint  and 
direct;  and  at  said  first  session,  or  as  soon  thereafter  as  they  shall 
deem  expedient,  the  legislative  assembly  shall  proceed  to  locate  and 
establish  the  seat  of  government  for  said  Territory  at  such  place  as 
they  may  deem  eligible;  which  place,  however,  shall  thereafter  be 
subject  to  be  changed  by  said  legislative  assembly.  And  the  sum  of 
five  thousand  dollars,  out  of  any  money  in  the  Treasury  not  otherwise 
appropriated,  is  hereby  appropriated  and  granted  to  said  Territory 
of  Oregon,  to  be  there  applied,  by  the  governor,  to  the  erection  of 
suitable  buildings  at  the  seat  of  government. 

Sec.  16.  And  he  it  further  enacted^  That  a  Delegate  to  the  House 
of  Representatives  of  the  United  States,  to  serve  for  the  term  of  two 
years,  who  shall  be  a  citizen  of  the  United  States,  may  be  elected  by 
the  voters  qualified  to  elect  members  of  the  legislative  assembly,  who 
shall  be  entitled  to  the  same  rights  and  privileges  as  have  been  here- 
tofore exercised  and  enjoyed  by  the  Delegates  from  the  several  other 
Territories  of  the  United  States  to  the  said  House  of  Representa- 
tives; but  the  Delegate  first  elected  shall  hold  his  seat  only  during 
the  term  of  the  Congress  to  which  he  shall  be  elected.  The  first  elec- 
tion shall  be  held  at  such  time  and  places,  and  be  conducted  in -such 
manner,  as  the  governor  shall  appoint  and  direct ;  of  which,  and  the 
time,  place,  and  manner  of  holding  such  elections,  he  shall  give  at 
least  sixty  days'  notice  by  proclamation ;  and  at  all  subsequent  elec- 
tions, the  times,  places,  and  manner  of  holding  the  elections  shall  be 
prescribed  by  law.  The  person  having  the  greatest  number  of  votes 
shall  be  declared  by  the  governor  to  be  duly  elected,  and  a  certificate 
thereof  shall  be  given  accordingly.  The  Delegate  from  said  Terri- 
tory shall  not  be  entitled  to  receive  more  than  twenty-five  hundred 
dollars  at  any  one  session  of  Congress,  as  a  compensation  for  his 
mileage,  in  going  to  and  returning  from  the  seat  of  government 
of  the  United  States,  any  act  of  Congress  to  the  contrary  notwith- 
standing. 


2994  Oregon— 1848 

Sec.  17.  And  he  it  further  enacted^  That  all  suits,  process,  and  pro- 
ceedings, civil  and  criminal,  at  law  and  in  chancery,  and  all  indict- 
ments and  informations,  which  shall  be  pending  and  undetermined  in 
the  courts  established  by  authority  of  the  provisional  government  of 
Oregon,  within  the  limits  of  said  Territory,  when  this  act  shall  take 
effect,  shall  be  transferred  to  be  heard,  tried,  prosecuted,  and  deter- 
mined in  the  district  courts  hereby  established,'  which  may  include 
the  counties  or  districts  where  any  such  proceeding  may  be  pending. 
All  bonds,  recognizances,  and  obligations  of  every  kind  whatsoever, 
valid  under  the  existing  laws  within  the  limits  of  said  Territory, 
shall  be  valid  under  this  act ;  and  all  crimes  and  misdemeanors  against 
the  laws  in  force  within  said  limits  may  be  prosecuted,  tried,  and 
punished  in  the  courts  established  by  this  act ;  and  all  penalties,  for- 
feitures, actions,  and  causes  of  action,  may  be  recovered  under  this 
act  in  like  manner  as  they  would  have  been  under  the  laws  in  force 
within  the  limits  composing  said  Territory  at  the  time  this  act  shall 
go  into  operation :  Provided^  That  the  laws,  penalties,  and  forfeitures, 
and  punishments,  by  this  section  required  to  be  enforced  by  the  courts 
provided  for  by  this  act,  shall  not  be  inconsistent  with  the  Constitu- 
tion of  the  United  States:  And  provided  further^  That  no  right  of 
action  whatever  shall  accrue  against  any  person  for  any  act  done  in 
pursuance  of  any  law  heretofore  passed  by  the  temporary  govern- 
ment, and  which  may  be  declared  contrary  to  the  Constitution  of  the 
United  States. 

Sec.  18.  And  he  it  further  enacted^  That  all  justices  of  the  peace, 
constables,  sheriffs,  and  all  other  judicial  and  ministerial  officers,  who 
shall  be  in  office  within  the  limits  of  said  Territory  when  this  act 
shall  take  effect,  shall  be,  and  they  are  hereby,  authorized  and  required 
to  contnue  to  exercise  and  perform  the  duties  of  their  respective  offi- 
ces as  officers  of  the  Territory  of  Oregon  until  they  or  others  shall 
be  duly  elected  or  appointed,  and  qualified  to  fill  their  places  in  the 
manner  herein  directed,  or  until  their  offices  shall  be  abolished. 

Sec.  19.  And  he  it  further  enacted^  That  the  sum  of  five  thousand 
dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any  moneys 
in  the  Treasury  not  otherwise  appropriated,  to  be  expended,  by  and 
under  the  direction  of  the  said  governor  of  the  Territory  of  Oregon, 
in  the  purchase  of  a  library,  to  be  kept  at  the  seat  of  government,  for 
the  use  of  the  governor,  legislative  assembly,  judges  of  the  supreme 
court,  secretary,  marshal,  and  attorney  of  said  Territory,  and  such 
other  persons,  and  under  such  regulations,  as  shall  be  prescribed  by 
law.- 

Sec.  20.  And  he  it  further  enacted^  That  when  the  lands  in  the  said 
Territory  shall  be  surveyed  under  the  direction  of  the  Government  of 
the  United  States,  preparatory  to  bringing  the  same  into  market,  sec- 
tions numbered  sixteen  and  thirty-six  in  each  township  in  said  Terri- 
tory shall  be,  and  the  same  is  hereby,  reserved  for  the  purpose  of  being 
applied  to  schools  in  said  Territory,  and  in  the  States  and  Territories 
hereafter  to  be  erected  out  of  the  same. 

Sec.  21.  And  he  it  further  enacted^  That  until  otherwise  provided 
for  by  law,  the  governor  of  said  Territory  may  define  the  judicial 
districts  of  said  Territory,  and  assign  the  judges  who  may  be  ap- 
pointed for  said  Territory  to  the  several  districts,  and  also  appoint 


Oregon— 18^8  2995 

the  times  and  places  for  holding  courts  in  the  several  counties  or  sub- 
divisions in  each  of  said  judicial  districts,  by  proclamation  to  be 
issued  by  him ;  but  the  legislative  assembly,  at  their  first  or  any  sub- 
sequent session,  may  organize,  alter,  or  modify  such  judicial  districts, 
and  assign  the  judges,  and  alter  the  time  and  places  of  holding  the 
courts,  as  to  them  shall  seem  proper  and  convenient. 

Sec.  22.  And  he  it  further  enacted.  That  all  officers  to  be  appointed 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate, 
for  the  Territory  of  Oregon,  who  by  virtue  of  the  provisions  of  any 
law  now  existing,  or  which  may  be  enacted  during  the  present  Con- 
gress, are  required  to  give  security  for  moneys  that  may  be  intrusted 
with  them  for  disbursement,  shall  give  such  security,  at  such  time  and 
place,  and  in  such  manner,  as  the  Secretary  of  the  Treasury  may  pre- 
scribe. 

Sec.  23.  And  he  it  further  enacted^  That  all  the  ports,  harbors, 
shores,  and  waters  of  the  main-land  of  the  Territory  aforesaid  shall 
constitute  a  collection  district,  to  be  called  the  district  of  Oregon ;  and 
a  port  of  entry  shall  be  established  at  Astoria,  near  the  mouth  of  the 
Columbia  River,  and  a  collector  of  customs  shall  be  appointed  by  the 
President,  by  and  with  the  advice  and  consent  of  the  Senate,  to  reside 
at  such  port  of  entry. 

Sec.  24.  And  he  it  further  enacted^  That  the  President  of  the 
United  States  be,  and  he  is  hereby,  authorized  to  establish  such  ports 
of  delivery  in  the  district  created  by  this  act,  not  exceeding  two  in 
number,  (one  of  which  shall  be  located  on  Fugefs  Sound,)  as  he  may 
deem  expedient,  and  may  appoint,  by  and  with  the  advice  and  consent 
of  the  Senate,  surveyors  to  reside  thereat. 

Sec.  25.  And  he  it  further  enacted^  That  the  collector  of  said  dis- 
trict shall  be  allowed  a  compensation  of  one  thousand  dollars  per 
annum  and  the  fees  allowed  by  law;  and  the  compensation  of  any 
surveyor  appointed  in  pursuance  of  this  act  shall  not  exceed  five  hun- 
dred dollars  per  annum,  including  in  said  sum  the  fees  allowed  by 
law;  and  the  amount  collected  by  any  of  said  surveyors,  for  fees  in 
any  one  year,  exceeding  the  sum  of  five  hundred  dollars,  shall  be 
accounted  for  and  paid  into  the  Treasury  of  the  United  States. 

Sec.  26.  And  he  it  further  enacted^  That  the  revenue-laws  of  the 
United  States  be,  and  are  hereby,  extended  over  the  Territory  of 
Oregon. 

Sec.  27.  And  he  it  further  enacted^  That  the  sum  of  fifteen  thou- 
sand dollars  be,  and  the  same  is  hereby,  appropriated,  out  of  any  mon- 
eys in  the  Treasury  not  otherwise  appropriated,  to  be  expended  under 
tiie  direction  of  the  Secretary  of  the  Treasury,  for  the  construction 
of  light-houses  at  Cape  Disappointment  and  New  Dunginess ;  and  for 
the  construction  and  anchormg  of  the  requisite  number  of  buoys,  to 
indicate  the  channels  at  the  mouth  of  the  Columbia  River,  and  the 
approaches  to  the  harbor  of  Astoria ;  the  said  buoys  to  be  placed  and 
anchored  under  the  direction  of  such  persons  as  the  Secretary  of  the 
Treasury  shall  appoint. 

Approved,  August  14,  1848. 
7254— VOL  5—09 30 


2996  Oregon— 1859 

ADMISSION  OF  THE  STATE  OF  OREGON— 1859 

[Thiety-fifth  Congress,  Second  Session] 
An  Act  for  the  Admission  of  Oregon  into  the  Union 

Whereas  the  people  of  Oregon  have  framed,  ratified,  and  adopted  a 
constitution  of  State  government  which  is  republican  in  form,  and  in 
conformity  with  the  Constitution  of  the  United  States,  and  have 
applied  for  admission  into  the  Union  on  an  equal  footing  with  the 
other  States :  Therefore, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  Oregon  be, 
and  she  is  hereby,  received  into  the  Union  on  an  equal  footing  with 
the  other  States  in  all  respects  whatever,  with  the  following  bounda- 
ries: In  order  that  the  boundaries  of  the  State  may  be  known  and 
established,  it  is  hereby  ordained  and  declared  that  the  State  of 
Oregon  shall  be  bounded  as  follows,  to  wit:  Beginning  one  marine 
league  at  sea  due  west  from  the  point  where  the  forty-second  parallel 
of  north  latitude  intersects  the  same;  thence  northerly  at  the  same 
distance  from  the  line  of  the  coast,  lying  west  and  opposite  the  State, 
including  all  islands  within  the  jurisdiction  of  the  United  States,  to 
a  point  due  west  and  opposite  the  middle  of  the  north  ship-channel  of 
the  Columbia  River ;  thence  easterly,  to  and  up  the  middle  channel  of 
said  river,  and,  where  it  is  divided  by  islands,  up  the  middle  of  the 
widest  channel  thereof,  to  a  point  near  Fort  Walla- Walla,  where  the 
forty-sixth  parallel  of  north  latitude  crosses  said  river;  thence  east 
on  said  parallel  to  the  middle  of  the  main  channel  of  the  Shoshones  or 
Snake  River;  thence  up  the  middle  of  the  main  channel  of  said  river 
to  the  mouth  of  the  Owyhee  River ;  thence  due  south  to  the  parallel  of 
latitude  forty-two  degrees  north;  thence  west  along  said  parallel  to 
the  place  of  beginning,  including  jurisdiction  in  civil  and  criminal 
cases  upon  the  Columbia  River  and  Snake  River,  concurrently  with 
States  and  Territories  of  which  those  rivers  form  a  boundary  in  com- 
mon with  this  State. 

Sec.  2.  And  he  it  further  enacted^  That  the  said  State  of  Oregon 
shall  have  concurrent  jurisdiction  on  the  Columbia  and  all  other 
rivers  and  waters  bordering  on  the  said  State  of  Oregon  so  far  as  the 
same  shall  form  a  common  boundary  to  said  State,  and  any  other 
State  or  States  now  or  hereafter  to  be  formed  or  bounded  by  the  same ; 
and  said  rivers  and  w^aters,  and  all  the  navigable  waters  of  said  State, 
shall  be  common  highways  and  forever  free,  as  well  as  to  the  inhab- 
itants of  said  State  as  to  all  other  citizens  of  the  United  States,  with- 
out any  tax,  duty,  impost,  or  toll  therefor. 

Sec.  3.  And  he  it  further  enacted^  That  until  the  next  census  and 
apportionment  of  Representatives,  the  State  of  Oregon  shall  be  enti- 
tled to  one  Representative  in  the  Congress  of  the  United  States. 

Sec.  4.  And  he  it  further  enacted^  That  the  following  propositions 
be,  and  the  same  are  hereby,  offered  to  the  said  people  of  Oregon  for 
their  free  acceptance  or  rejection,  which,  if  accepted,  shall  be  obliga- 
tory ,on  the  United  States  and  upon  the  said  State  of  Oregon,  to  wit : 


Oregon— 1859  2997 

First,  That  sections  numbered  sixteen  and  thirty-six  in  every  town- 
ship of  public  lands  in  said  State,  and  Avhere  either  of  said  sections, 
or  any  jjart  thereof,  has  been  sold  or  otherwise  been  disposed  of,  other 
lands  equivalent  thereto,  and  as  contiguous  as  may  be,  shall  be  granted 
to  said  State  for  the  use  of  schools.  Second,  That  seventy-two  sec- 
tions of  land  shall  be  set  apart  and  reserved  for  the  use  and  support 
of  a  State  university,  to  be  selected  by  the  governor  of  said  State, 
subject  to  the  approval  of  the  Commissioner  of  the  General  Land- 
Office,  and  to  be  appropriated  and  applied  in  such  manner  as  the  leg- 
islature of  said  State  may  prescribe  for  the  purpose  aforesaid,  but  for 
no  other  purpose.  Third,  That  ten  entire  sections  of  land,  to  be 
selected  by  the  governor  of  said  State,  in  legal  subdivisions,  shall  be 
granted  to  said  State  for  the  purpose  of  completing  the  public  build- 
ings, or  for  the  erection  of  others  at  the  seat  of  government,  under  the 
direction  of  the  legislature  thereof.  Fourth,  That  all  salt-springs 
within  said  State,  not  exceeding  twelve  in  number,  with  six  sections 
of  land  adjoining,  or  as  contiguous  as  may  be  to  each,  shall  be  granted 
to, said  State  for  its  use,  the  same  to  be  selected  by  the  governor  thereof 
within  one  year"  after  the  admission  of  said  State,  and  when  so 
selected  to  be  used  or  disposed  of  on  svich  terms,  conditions,  and  regu- 
lations as  the  legislature  shall  direct:  Provided^  That  no  salt-spring 
or  land,  the  right  w^hereof  is  now  vested  in  any  individual  or  indi- 
viduals, or  which  may  be  hereafter  confirmed  or  adjudged  to  any  indi- 
vidual or  individuals,  shall  by  this  article  be  granted  to  said  State. 
Fifth,  That  five  per  centum  of  the  net  proceeds  of  sales  of  all  public 
liinds  lying  within  said  State  which  shall  be  sold  by  Congress  after  the 
admission  of  said  State  into  the  Union,  after  deducting  all  the  expenses 
incident  to  the  same,  shall  be  paid  to  said  State,  for  the  purpose  of 
making  public  roads  and  internal  improvements,  as  the  legislature 
shall  direct:  Provided^  That  the  foregoing  propositions,  hereinbefore 
offered,  are  on  the  condition  that  the  people  of  Oregon  shall  provide 
by  an  ordinance,  irrevocable  without  the  consent  of  the  United  States, 
that  said  State  shall  never  interfere  with  the  primary  disposal  of  the 
soil  within  the  same  by  the  United  States,  or  with  any  regulations 
Congress  may  find  necessary  for  securing  the  title  in  said  soil  to  bona 
fide  purchasers  thereof;  and  that  in  no  case  shall  non-resident  pro- 
prietors be  taxed  higher  than  residents.  Sixth,  And  that  the  said  State 
shall  never  tax  the  lands  or  the  property  of  the  United  States  in 
said  State:  Promded^  howerer^  That  in  case  any  of  the  lands  herein 
granted  to  the  State  of  Oregon  have  heretofore  been  confirmed  to  the 
Territory  of  Oregon  for  the  purposes  specified  in  this  act,  the  amount 
so  confirmed  shall  be  deducted  from  the  quantity  specified  in  this  act. 

Sec.  5.  And  he  it  ft/rfhe?'  enacted.  That,  until  Congress  shall  other- 
wise direct,  the  residue  of  the  Territory  of  Oregon  shall  be,  and  is 
hereby,  incorporated  into  and  made  a  part  of  the  Territory  of  Wash- 
ington. 

Approved,  February  14,  1859. 

«  This  term  was  extended  from  one  to  three  years  by  the  act  approved  Decem- 
ber 17,  1860. 


2998  Oregon— 1857 

CONSTITUTION  OF  OREGON— 1857  *  « 

We,  the  people  of  the  State  of  Oregon,  to  the  end  that  justice  be 
established,  or  maintained,  and  liberty  perpetuated,  do  ordain  this 
constitution. 

Article  I 

BILL    OF    RIGHTS 

Section  1.  We  declare  that  all  men,  when  they  form  a  social  com- 
pact, are  equal  in  rights;  that  all  power  is  inherent  in  the  people, 
and  all  free  governments  are  founded  on  their  authority  and  insti- 
tuted for  their  peace,  safety,  and  happiness;  and  they  have  at  all 
times  a  right  to  alter,  reform,  or  abolish  the  government  in  such  man- 
ner as  they  may  think  proper. 

Sec.  2.  All  men  shall  be  secured  in  their  natural  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences. 

Sec.  3.  No  law  shall,  in  any  case  whatever,  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of 
conscience. 

Sec.  4.  No  religious  test  shall  be  required  as  a  qualification  for  any 
office  of  trust  or  profit. 

Sec.  5.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit 
of  any  religious  or  theological  institution,  nor  shall  any  money  be 
appropriated  for  the  payment  of  any  religious  service,  in  either  house 
of  the  legislative  assembly. 

Sec.  6.  No  person  shall  be  rendered  incompetent  as  a  witness  or 
juror  in  consequence  of  his  opinions  on  matters  of  religion,  nor  be 
questioned  in  any  court  of  justice  touching  his  religious  belief  to 
aifect  the  w^eight  of  his  testimony. 

Sec.  7.  The  mode  of  administering  an  oath  or  affirmation  shall  be 
such  as  may  be  most  consistent  with,  and  binding  upon,  the  conscience 
of  the  person  to  whom  such  oath  or  affirmation  may  be  administered. 

Sec.  8.  No  law  shall  be  passed  restraining  the  free  expression  of 
opinion,  or  restricting  the  right  to  speak,  write,  or  print  freely  on  any 
subject  whatever,  but  every  person  shall  be  responsible  for  the  abuse 
of  this  right. 

Sec.  9.  No  law  shall  violate  the  right  of  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  effects  against  unreasonable  search 
or  seizure;  and  no  warrant  shall  issue  but  upon  probably  cause, 
supported  by  oath  or  affirmation,  and  particularly  describing  the 
place  to  be  searched  and  the  person  or  thing  to  be  seized. 

*  "  Journal  of  the  Constitutional  Convention  of  the  State  of  Oregon,  held  at 
Salem,  commencing  August  17.  1857,  together  with  the  Constitution  adopted 
by  the  people,  November  9,  1857.  Published  by  authority.  Salem,  Oregon: 
W.  H.  Byars,  State  Printer.     1882."     130  pp. 

The  Debates  in  this  Convention  of  Oregon  1857  were  reported  in  "  The 
Morning  Oregonian,"  I*ortland,  Oregon.     Vol.  vii,  nos.  39^6,  inclusive. 

Q'he  later  amendments  from  reprint  of  same  furnished  by  the  Secretary  of 
State  of  Oregon,  March  29,  1907.     Editor. 

oThis  constitution  was  framed  by  a  convention,  chosen  under  a  territorial 
act,  (no  "enabling  act"  having  been  passed  by  Congress,)  which  assembled  at 
Salem  August  17,  1857,  and  completed  its  labors  September  18,  1857.  It  was 
submitted  to  the  people  November  9,  1857,  and  ratified  by  7,195  votes  against 
3,195  votes. 


Oregon— 1857  2999 

Sec.  10.  No  court  shall  be  secret,  but  justice  shall  be  administered 
openly  and  without  purchase,  completely  and  without  delay,  and 
every  man  shall  have  remedy  by  due  course  of  law  for  injury  done 
him  in  his  person,  property,  or  reputation. 

Sec.  11.  In  all  criminal  prosecutions  the  accused  shall  have  the 
right  to  public  trial  by  an  impartial  jury  in  the  county  in  which 
the  offence  shall  have  been  committed;  to  be  heard  by  himself  and 
counsel;  to  demand  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face, 
and  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor. 

Sec.  12.  No  person  shall  be  put  in  jeopardy  twice  for  the  same 
offence,  nor  be  compelled  in  any  criminal  prosecution  to  testify 
against  himself. 

Sec.  13.  No  person  arrested  or  confined  in  jail  shall  be  treated  with 
unnecessar}^  rigor. 

Sec.  14.  Offenses,  except  murder  and  treason,  shall  be  bailable  by 
sufficient  sureties.  Murder  and  treason  shall  not  be  bailable  where 
the  proof  is  evident  or  the  presumption  strong. 

Sec.  15.  Laws  for  the  punishment  of  crime  shall  be  founded  on  the 
principles  of  reformation,  and  not  of  vindictive  justice. 

Sec.  16.  Excessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed.  Cruel  and  unusual  punishments  shall  not  be  inflicted,  but 
all  penalties  shall  be  proportioned  to  the  offence. 

Sec.  17.  In  all  criminal  cases  whatever  the  jury  shall  have  the  right 
to  determine  the  law  and  the  facts,  under  the  direction  of  the  court 
as  to  the  law,  and  the  right  of  new  trial,  as  in  civil  cases. 

Sec.  18.  In  all  civil  cases  the  right  of  trial  by  jury  shall  remain 
inviolate. 

Sec.  19.  Private  property  shall  not  be  taken  for  public  use,  nor  the 
particular  services  of  any  man  be  demanded  without  just  compensa- 
tion, nor,  except  in  the  case  of  the  State,  without  such  compensation 
first  assessed  and  tendered. 

Sec.  20.  There  shall  be  no  imprisonment  for  debt,  except  in  case  of 
fraud  or  absconding  debtors. 

Sec.  21.  No  law  shall  be  passed  granting  to  any  citizen  or  class  of 
citizens  privileges  or  immunities  which,  upon  the  same  terms,  shall 
not  equally  belong  to  all  citizens. 

Sec.  22.  No  ex  post  facto  law,  or  law  impairing  the  obligations  of 
contracts,  shall  ever  be  passed,  nor  shall  any  law  be  passed  the  taking 
effect  of  which  shall  be  made  to  depend  upon  any  authority  except  as 
provided  in  this  constitution:  Provided^  That  law^s  locating  the 
capital  of  the  State,  locating  county-seats,  and  submitting  town  and 
city  corporate  acts  and  other  local  and  special  laws  may  take  effect  or 
not,  upon  a  vote  of  the  electors  interested. 

Sec.  23.  The  operation  of  the  laws  shall  never  be  suspended  except 
by  the  authority  of  the  legislative  assembly. 

Sec.  24.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended unless,  in  case  of  rebellion  or  invasion,  the  public  safety 
require  it. 

Sec.  25.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  or  adhering  to  its  enemies,  giving  them  aid  or  comfort. 
No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two 
witnesses  to  the  same  overt  act,  or  confession  in  open  court. 


3000  Oregon— 1857 

Sec.  26.  No  conviction  shall  Avork  corruption  of  blood  .or  forfeiture 
of  estate. 

Sec.  27.  No  law  shall  be  passed  restraining  any  of  the  inhabitants 
of  the  State  from  assembling  together  in  a  peaceable  manner  to  consult 
for  their  common  good,  nor  for  instructing  their  representatives,  nor 
from  applying  to  the  legislature  for  redress  of  grievances. 

Sec.  28.  The  people  shall  have  the  right  to  bear  arms  for  the  defence 
of  themselves  and  the  State,  but  the  military  shall  be  kept  in  strict 
subordination  to  the  civil  power. 

Sec.  29.  No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in  man- 
ner prescribed  by  law. 

Sec.  30.  No  law  shall  be  passed  granting  any  title  of  nobility  or 
conferring  hereditary  distinction. 

Sec.  31.  No  law^  shall  be  passed  prohibiting  emigration  from  the 
State. 

Sec.  32.  White  foreigners,  who  are  or  may  hereafter  become  resi- 
dents of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the  pos- 
session, enjoyment,  and  descent  of  property  as  native-born  citizens. 
And  the  legislative  assembly  shall  have  power  to  restrain  and  regu- 
late the  immigration  to  this  State  of  persons  not  qualified  to  become 
citizens  of  the  United  States. 

Sec.  33.  No  tax  or  duty  shall  be  imposed  without  the  consent  of  the 
people  or  their  representatives  in  the  legislative  assembly,  and  all 
taxation  shall  be  equal  and  uniform. 

Sec.  34.  This  enumeration  of  rights  and  privileges  shall  not  be  con- 
strued to  impair  or  deny  others  retained  by  the  people. 

Sec.  35.  There  shall  be  neither  slavery  nor  involuntary  servitude 
in  the  State,  otherwise  than  as  a  punishment  for  crime,  whereof  the 
party  shall  have  been  duly  convicted. 

Sec.  36.  No  free  negro  or  mulatto,  not  residing  in  this  State  at  the 
time  of  the  adoption  of  this  Constitution,  shall  come,  reside  or  be 
within  this  State,  or  hold  any  real  estate,  or  make  any  contracts,  or 
maintain  any  suit  therein;  and  the  Legislative  Assembly  shall  pro- 
vide by  penal  laws  for  the  removal  by  public  officers  of  all  such 
negroes  and  mulattoes,  and  for  their  effectual  exclusion  from  the 
State,  and  for  the  punishment  of  persons  who  shall  bring  them  into 
the  State,  or  employ  or  harbor  them. 

Article  II 

suffrage  and  elections 

Section  1.  All  elections  shall  be  free  and  equal. 

Sec.  2.  In  all  elections  not  otherwise  provided  for  by  this  consti- 
tution, every  white  male  citizen  of  the  United  States,  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  resided  in  the  State 
during  the  six  months  immediately  preceding  such  election,  and 
every  white  male  of  foreign  birth,  of  the  age  of  twenty-one  years 
and  upwards,  who  shall  have  resided  in  the  United  States  one  year, 
and  shall  have  resided  in  this  State  during  the  six  months  imme- 
diately preceding  such  election,  and  shall  have  declared  his  intention 
to  become  a  citizen  of  the  United  States  one  year  preceding  such  elec- 
tion, conformably  to  the  laws  of  the  United  States  on  the  subject  of 


Oregon— 1857  3001 

naturalization,  shall  be  entitled  to  vote  at  all  elections  authorized 
by  law. 

Sec.  3.  No  idiot  or  insane  person  shall  be  entitled  to  the  privileges 
of  an  elector;  and  the  privilege  of  an  elector  shall  be  forfeited  by  a 
conviction  of  any  crime  which  is  punishable  by  imprisonment  in  the 
penitentiary. 

Sec.  4.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  or  lost  a  residence  by  reason  of  his  presence  or  absence 
while  employed  in  the  service  of  the  United  States  or  of  this  State ; 
nor  while  engaged  in  the  navigation  of  the  waters  of  this  State  or  of 
the  United  States,  or  on  the  high  seas;  nor  while  a  student  of  any 
seminary  of  learning;  nor  while  kept  at  any  almshouse  or  other 
asylum  at  public  expense;  nor  while  confined  in  any  public  prison. 

Sec.  5.  No  soldier,  seaman,  or  marine  in  the  Army  or  Na\^  of  the 
United  States,  or  of  their  allies,  shall  be  deemed  to  have  acquired  a 
residence  in  the  State  in  consequence  of  having  been  stationed  within 
the  same,  nor  shall  any  such  soldier,  seaman,  or  marine  have  the  right 
to  vote. 

Sec.  ().  No  negro,  Chinaman,  or  mulatto  shall  have  the  right  of 
suffrage. 

Sec.  7.  Every  person  shall  be  disqualified  from  holding  office,  dur- 
ing the  term  for  which  he  may  have  been  elected,  who  shall  have 
given  or  offered  a  bribe,  threat,  or  reward,  to  procure  his  election. 

Sec.  8.  The  legislative  assembly  shall  enact  laws  to  support  the 
privilege  of  free  suffrage,  prescribing  the  manner  of  regulating  and 
conducting  elections,  and  prohibiting,  under  adequate  penalties,  all 
undue  influence  therein  from  power,  bribery,  tumult,  and  other  im- 
proper conduct. 

Sec.  9.  Every  person  who  shall  give  or  accept  a  challenge  to  fight  a 
duel,  or  shall  knowingly  carry  to  another  person  such  challenge,  or 
who  shall  agree  to  go  out  of  the  State  to  fight  a  duel,  shall  be  ineligi- 
ble to  any  office  of  trust  or  profit. 

Sec.  id.  No  person  holding  a  lucrative  office  or  appointment  under 
the  United  States,  or  under  this  State,  shall  be  eligible  to  a  seat  in 
the  legislative  assembly;  nor  shall  any  person  hold  more  than  one 
lucrative  office  at  the  same  time,  except  as  in  this  constitution  ex- 
pressly permitted:  Providech  That  officers  in  the  militia,  to  which 
there  is  attached  no  annual  salary,  and  the  office  of  postmaster,  where 
the  compensation  does  not  exceed  one  hundred  dollars  per  annum, 
shall  not  be  deemed  lucrative. 

Sec.  11.  No  person  who  may  hereafter  be  a  collector  or  holder  of 
public  money  shall  be  eligible  to  any  office  of  trust  or  profit  until  he 
shall  have  accounted  for  and  paid  over,  according  to  law,  all  sums 
for  which  he  may  be  liable. 

°  Sec.  12.  In  all  cases,  except  treason,  felony,  and  breach  of  the 
peace,  electors  shall  be  free  from  arrest  in  going  to  elections,  during 
their  attendance  there,  and  in  returning  from  the  same;  and  no 
elector  shall  be  obliged  to  do  duty  in  the  militia  on  any  day  of  elec- 
tion, except  in  time  of  war  or  public  danger. 

^  Sec.  13.  In  all  cases  in  w^hich  it  is  provided  that  an  office  shall  not 
be  filled  by  any  person  more  than  a  certain  number  of  years  continu- 

0  This  section  is  numbered  13  in  the  original. 
&  This  section  is  numbered  12  in  the  original. 


3002  Oregon— 1857 

oiisly,  an  appointment  pro  tempore  shall  not  be  reckoned  a  part  of 
that  term. 

Sec.  14.  General  elections  shall  be  held  on  the  first  Monday  of  June 
biennally. 

Sec.  15.  In  all  elections  by  the  legislative  assembly,  or  by  either 
branch  thereof,  votes  shall  be  given  openly,  or  viva  voce^  and  not  by 
ballot,  forever ;  and  in  all  elections  by  the  people,  votes  shall  be  given 
openly,  or  viva  voce^  until  the  legislative  assembly  shall  otherwise 
direct. 

Sec.  16.  In  all  elections  held  by  the  people  under  this  constitution, 
the  person  or  persons  who  shall  receive  the  highest  number  of  votes 
shall  be  declared  duly  elected. 

Sec.  17.  All  qualified  electors  shall  vote  in  the  election  precinct  in 
the  county  where  they  may  reside  for  county  officers,  and  in  any 
county  of  the  State  for  State  officers,  or  in  any  county  of  a  congres- 
sional district  in  which  such  electors  may  reside  for  members  of 
Congress. 

Article  III 

DISTRIBUTION    OF    POWERS 

The  powers  of  the  government  shall  be  divided  into  three  separate 
departments,  the  legislative,  the  executive,  (including  the  adminis- 
trative,) and  the  judicial;  and  no  person  charged  with  official  duties 
under  one  of  these  departments  shall  exercise  any  of  the  functions  of 
another,  except  as  in  this  constitution  expressly  provided. 

Article  IV 

legislative  department 

Section  1.  The  legislative  authority  of  the  State  shall  be  vested 
in  the  legislative  assembly,  which  shall  consist  of  a  senate  and  house 
of  representatives.  The  style  of  every  bill  shall  be,  ''''Be  it  enacted 
hy  the  legislative  assembly  of  the  State  of  Oregon;  "  and  no  law  shall 
be  enacted  except  by  bill. 

Sec.  2.  The  senate  shall  consist  of  sixteen  and  the  house  of  repre- 
sentatives of  thirty-four  members,  which  number  shall  not  be  in- 
creased until  the  year  eighteen  hundred  and  sixty ;  after  which  time 
the  legislative  assembly  may  increase  the  number  of  senators  and  rep- 
resentatives, always  keeping  as  near  as  may  be  the  same  ratio  as  to 
the  number  of  senators  and  representatives :  Provided^  That  the  sen- 
ate shall  never  exceed  thirty  and  the  house  of  representatives  sixty 
members. 

Sec.  3.  The  senators  and  representatives  shall  be  chosen  by  the 
electors  of  the  respective  counties  or  districts  into  which  the  State 
may,  from  time  to  time,  be  divided  by  law. 

Sec.  4.  The  senators  shall  be  elected  for  the  term  of  four  years, 
and  representatives  for  the  term  of  two  years,  from  the  day  next 
after  their  general  election:  Provided^  however^  That  the  senators- 
elect  at  the  first  session  of  the  legislative  assembly  under  this  constitu- 
tion shall  be  divided  by  lot  into  two  equal  classes,  as  nearly  as  may 
be,  and  the  seats  of  senators  of  the  first  class  shall  be  vacated  at  the 
expiration  of  two  years,  and  those  of  the  second  class  at  the  expira- 


I 


Oregon— 1857  3003 

tion  of  four  years;  so  that  one-half,  as  nearly  as  possible,  shall  be 
chosen  biennially  forever  thereafter.  And  in  case  of  the  increase 
of  the  number  of  senators,  they  shall  be  so  annexed  by  lot  to  one 
or  the  other  of  the  two  classes  as  to  keep  them  as  nearly  equal  as 
possible. 

Sec.  5.  The  legislative  assembly  shall,  in  the  year  eighteen  hun- 
dred and  sixty-five,  and  every  ten  years  after,  cause  an  enumeration 
to  be  made  of  all  the  white  population  of  the  State. 

Sec.  6.  The  number  of  senators  and  representatives  shall  J  at  the 
session  next  following  an  enumeration  of  the  inhabitants  by  the 
United  States,  or  this  State,  be  fixed  by  law,  and  apportioned  among 
the  several  counties  according  to  the  number  of  white  population  in 
each.  And  the  ratio  of  senators  and  representatives  shall  be  deter- 
mined by  dividing  the  whole  number  of  white  population  of  such 
county  or  district,  by  such  respective  ratios;  and  when  a  fraction 
shall  result  from  such  division,  which  shall  exceed  one-half  of  said 
ratio,  such  county  or  district  shall  be  entitled  to  a  member  for  such 
fraction.  And  in  case  any  county  shall  not  have  the  requisite  popu- 
lation to  entitle  such  county  to  a  member,  then  such  county  shall  be 
attached  to  some  adjoining  county  for  senatorial  or  representative 
purposes. 

Sec.  7.  A  senatorial  district,  when  more  than  one  county  shall  con- 
stitute the  same,  shall  be  composed  of  contiguous  counties;  and  no 
county  shall  be  divided  in  creating  senatorial  districts. 

Sec.  8.  No  person  shall  be  a  senator  or  representative  who,  at  the 
time  of  his  election,  is  not  a  citizen  of  the  United  States;  nor  any 
one  who  has  not  been,  for  one  year  next  preceding  his  election,  an 
inhabitant  of  the  county  or  district  whence  he  may  be  chosen.  Sen- 
ators and  representatives  shall  be  at  least. twenty-one  years  of  age. 

Sec.  9.  Senators  and  representatives  in  all  cases,  except  for  treason, 
felony,  or  breaches  of  the  peace,  shall  be  privileged  from  arrest  dur- 
ing the  session  of  the  legislative  assembly,  and  in  going  to  and 
returning  from  the  same,  and  shall  not  be  subject  to  any  civil  process 
during  the  session  of  the  legislative  assembly,  nor  during  the  thir- 
teen days  next  before  the  commencement  thereof.  Nor  shall  a  mem- 
ber, for  words  uttered  in  debate  in  either  house,  be  questioned  in  any 
other  place. 

Sec.  10.  The  sessions  of  the  legislative  assembly  shall  be  held  bien- 
nially at  the  capital  of  the  State,  commencing  on  the  second  Monday 
of  September,  m  the  year  eighteen  hundred  and  fifty-eight,  and  on 
the  same  day  of  every  second  j^ear  thereafter,  unless  a  different  day 
shall  have  been  appointed  by  law. 

Sec.  11.  Each  house,  when  assembled,  shall  choose  its  own  officers; 
judge  of  the  election,  qualifications,  and  returns  of  its  own  members; 
determine  its  own  rules  of  proceeding,  and  sit  upon  its  owm  adjourn- 
ments ;  but  neither  house  shall,  without  the  concurrence  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  it  may  be  sitting. 

Sec.  12.  Two-thirds  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  meet,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  A  quorum  being  in 
attendance,  if  either  house  fail  to  effect  an  organization  within  the 
first  five  days  thereafter,  the  members  of  the  house  so  failing  shall 


3004  Oregon— 1857 

be  entitled  to  no  compensation  from  the  end  of  the  said  five  days  until 
an  organization  shall  have  been  effected. 

Sec.  13.  Each  house  shall  keep  a  journal  of  its  proceedings.  The 
yeas  and  nays  on  any  question  shall,  at  the  request  of  any  two  mem- 
bers, be  entered,  together  with  the  names  of  the  members  demanding 
the  same,  on  the  journal:  Proinded^  That,  on  a  motion  to  adjourn, 
it  shall  require  one- tenth  of  the  members  present  to  order  the  yeas 
and  nays. 

Sec.  1'4.  The  doors  of  each  house  and  of  committees  of  the  whole 
shall  be  kept  open,  except  in  such  cases  as,  in  the  opinion  of  either 
house,  may  require  secrecy. 

Sec.  15.  Either  house  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  two-thirds,  expel  a  mem- 
ber, but  not  a  second  time  for  the  same  cause. 

Sec.  16.  Either  house  during  its  session  may  punish  by  imprison- 
ment any  person  not  a  member  who  shall  have  been  guilty  of  dis- 
respect to  the  house  by  disorderly  or  contemptuous  behavior  in  its 
presence ;  but  such  imprisonment  shall  not  at  any  time  exceed  twenty- 
four  hours. 

Sec.  17.  Each  house  shall  have  all  powers  necessary  for  a  branch 
of  the  legislative  department  of  a  free  and  independent  State. 

Sec.  18.  Bills  may  originate  in  either  house,  but  may  be  amended 
or  rejected  in  the  other,  except  that  bills  for  raising  the  revenue  shall 
originate  in  the  house  of  representatives. 

Sec.  19.  P]very  bill  shall  be  read  by  sections,  on  three  several  days, 
in  each  house,  unless,  in  case  of  emergency,  two-thirds  of  the  house 
where  such  bill  may  be  depending  shall,  by  a  vote  of  yeas  and  nays, 
deem  it  expedient  to  dispense  with  this  rule ;  but  the  reading  of  a  bill 
by  sections  on  its  final  passage  shall  in  no  case  be  dispensed  with,  and 
the  vote  on  the  passage  of  every  bill  or  joint  resolution  shall  be  taken 
by  yeas  and  nays. 

Sec.  20.  Every  act  shall  embrace  but  one  subject,  and  matters  prop- 
erly connected  therewith,  which  subject  shall  be  expressed  in  the  title. 
But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be 
expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much 
thereof  as  shall  not  be  expressed  in  the  title. 

Sec.  21.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. 

Sec.  22.  No  act  shall  ever  be  revised  or  amended  by  mere  reference 
to  its  title;  but  the  act  revised  or  section  amended  shall  be  set  forth 
and  published  at  full  length. 

Sec.  28.  The  legislative  assembly  shall  not  pass  special  or  local 
laws  in  any  of  the  following-enumerated  cases;  that  is  to  say — 

Regidating  the  jurisdiction  and  duties  of  jvistices  of  the  peace  and 
of  constables; 

For  the  punishment  of  crimes  and  misdemeanors ; 

Regidating  the  practice  in  courts  of  justice; 

Providing  for  changing  the  venue  in  civil  and  criminal  cases ; 

Granting  divorces ; 

Changing  the  names  of  persons ; 

For  laying,  opening,  and  working  on  highways,  and  for  the  election 
or  appointment  of  supervisors; 

Vacating  roads,  town-plats,  streets,  alleys,  and  public  squares ; 

Summoning  and  impaneling  grand  and  petit  jurors; 


Oregon— 1857  3005 

For  the  assessment  and  collection  of  taxes  for  State,  county,  town.- 
ship,  or  road  purposes; 

Providing  for  supporting  common  schools,  and  for  the  i)reservation 
of  school-funds; 

In  relation  to  interest  on  money ; 

Providing  for  opening  and  conducting  elections  of  State,  county, 
or  township  officers,  and  designating  the  places  of  voting ; 

Providing  for  the  sale  of  real  estate  belonging  to  minors,  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators, 
guardians,  or  trustees. 

Sec.  24.  Provisions  may  be  made  by  general  law  for  bringing  suit 
against  the  State  as  to  all  liabilities  originating  after  or  existing  at 
the  time  of  the  adoption  of  this  constitution ;  but  no  special  act  au- 
thorizing such  suit  to  be  brought,  or  making  compensation  to  any 
person  claiming  damages  against  the  State,  shall  ever  be  passed. 

Sec.  25.  A  majority  of  all  the  members  elected  to  each  house  shall 
be  necessary  to  pass  every  bill  or  joint  resolution;  and  all  bills  or 
joint  resolutions  so  passed  shall  be  signed  by  the  presiding  officers  of 
the  respective  houses. 

Sec.  26.  Any  member  of  either  house  shall  have  the  right  to  pro- 
test, and  have  his  protest,  with  his  reasons  for  dissent,  entered  on  the 
journal. 

Sec.  27.  Every  statute  shall  be  a  public  law,  unless  otherwise  de- 
clared in  the  statute  itself. 

Sec.  28.  No  act  shall  take  effect  until  ninety  days  from  the  end  of 
the  session  at  which  the  same  shall  have  been  passed,  except  in  case  of 
emergency ;  which  emergency  shall  be  declared  in  the  preamble  or  in 
the  body  of  the  law. 

Sec.  29.  The  members  of  the  legislative  assembly  shall  receive  for 
their  services  a  sum  not  exceeding  three  dollars  a  day  from  the  com- 
mencement of  the  session ;  but  such  pay  shall  not  exceed  in  the  aggre- 
gate one  hundred  and  twenty  dollars  for  per-diem  allowance  for  any 
one  session. 

When  convened  in  extra  session  by  the  governor,  they  shall  receive 
three  dollars  per  day ;  but  no  extra  session  shall  continue  for  a  longer 
period  than  twenty  days.  They  shall  also  receive  the  sum  of  three 
dollars  for  every  twenty  miles  they  shall  travel  in  going  to  and  re- 
turning from  their  j^lace  of  meeting  on  the  most  usual  route.  The 
presiding  officers  of  the  assembly  shall,  in  virtue  of  their  office,  re- 
ceive an  additional  compensation  equal  to  two-thirds  of  their  per- 
diem  allowance  as  members. 

Sec.  30.  No  senator  or  representative  shall,  during  the  time  for 
which  he  may  have  been  elected,  be  eligible  to  any  office  the  election 
to  which  is  vested  in  the  legislative  assembly,  nor  shall  be  appointed 
to  any  civil  office  of  profit  which  shall  have  been  created,  or  the  emol- 
uments of  which  shall  have  been  increased,  during  such  term;  but 
this  latter  provision  shall  not  be  construed  to  apply  to  any  officer 
elective  by  the  people. 

Sec.  31.  The  members  of  the  legislative  assembly  shall,  before  they 
enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
following  oath  or  affirmation :  "  I  do  solemnly  swear  [or  affirm,  as 
the  case  may  be]  that  I  will  support  the  Constitution  of  the  United 
States  and  the  constitution  of  the  State  of  Oregon,  and  that  I  will 
faithfully  discharge  the  duties  of  senator  [or  representative,  as  the 


3006  Oregon— 1857 

case  may  be]  according  to  the  best  of  niy  ability.''  And  such  oath 
may  be  administered  by  the  governor,  secretary  of  state,  or  a  judge 
of  the  supreme  court. 

Article  V 

EXECIJTIVE  DEPARTMENT 

Section  1.  The  chief  executive  power  of  the  State  shall  be  A^ested 
in  a  governor,  who  shall  hold  his  office  for  the  term  of  four  years; 
and  no  person  shall  be  eligible  to  such  office  more  than  eight  in  any 
period  of  tw^elve  years. 

Sec.  2.  No  person  except  a  citizen  of  the  United  States  shall  be 
eligible  to  the  office  of  governor  nor  shall  any  person  be  eligible  to 
that  office  who  shall  not  have  attained  the  age  of  thirty  years,  ajid 
who  shall  not  have  been  three  years  next  jireceding  his  election  a 
resident  within  this  State. 

Sec.  3.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  under  this  State,  or  under  any  other  power,  shall 
fill  the  office  of  governor  except  as  may  be  otherwise  provided  in  this 
constitution.     • 

Sec.  4.  The  governor  shall  be  elected  by  the  qualified  electors  of  the 
State  at  the  times  and  places  of  choosing  members  of  the  legislative 
assembly;  and  the  returns  of  every  election  for  governor  shall  be 
sealed  up  and  transmitted  to  the  secretary  of  state,  directed  to  the 
speaker  of  the  house  of  representatives,  Avho  shall  open  and  publish 
them  in  the  presence  of  both  houses  of  the  legislative  assembly. 

Sec.  5.  The  person  having  the  highest  number  of  votes  for  governor 
shall  be  elected ;  but  in  case  two  or  more  persons  shall  have  an  equal 
and  the  highest  number  of  votes  for  governor,  the  two  houses  of  the 
legislative  assembly,  at  the  next  regular  session  thereof,  shall  forth- 
with, by  joint  vote,  proceed  to  elect  one  of  the  said  persons  governor. 

Sec.  6.  Contested  elections  for  governor  shall  be  determined  by  the 
legislative  assembly  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  7.  The  official  term  of  the  governor  shall  be  four  years,  and 
shall  commence  at  such  times  as  may  be  provided  by  this  constitution, 
or  prescribed  by  law. 

Sec.  8.  In  case  of  the  removal  of  the  governor  from  office,  or  of  his 
death,  resignation,  or  inability  to  discharge  the  duties  of  the  office,  the 
same  shall  devolve  on  the  secretary  of  state;  and  in  case  of  the  re- 
moval from  office,  death,  resignation,  or  inability  both  of  the  governor 
and  secretary  of  state,  the  president  of  the  senate  shall  act  as  governor 
until  the  disability  be  removed  or  a  governor  be  elected. 

Sec.  9.  The  governor  shall  be  commander-in-chief  of  the  military 
and  naval  forces  of  this  State,  and  may  call  out  such  forces  to  execute 
the  laws,  to  suppress  insurrection,  or  to  repel  invasion. 

Sec.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  legislative  assembly 
information  touching  the  condition  of  the  State,  and  recommend  such 
measures  as  he  shall  judge  to  be  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  legislative 
assembly  by  proclamation,  and  shall  state  to  both  houses,  when  as- 
sembled, the  purpose  for  which  they  shall  have  been  convened. 

Sec.  13.  He  shall  transact  all  necessary  business  with  the  officers  of 
government,  and  may  require  information  in  writing  from  the  officers 


Oregon— 1857  3007 

of  the  administrative  and  military  departments  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

Sec.  14.  He  shall  have  power  to  grant  reprieves,  commutations,  and 
pardons,  after  conviction,  for  all  offences  except  treason,  subject  to 
such  regulations  as  may  be  provided  by  law.  Upon  conviction  for 
treason  he  shall  have  power  to  suspend  the  execution  of  the  sentence 
until  the  case  shall  be  reported  to  the  legislative  assembly  at  its 
next  meeting,  when  the  legislative  assembly  shall  either  grant  a 
pardon,  commute  the  sentence,  direct  the  execution  of  the  sentence,  or 
grant  a  further  reprieve.  He  shall  have  power  to  remit  fines  and  for- 
feitures, under  such  regulations  as  may  be  prescribed  by  law;  and 
shall  report  to  the  legislative  assembly  at  its  next  meeting  each  case 
of  reprieve,  commutation,  or  pardon  granted,  and  the  reasons  for 
granting  the  same ;  and  also  the  names  of  all  persons  in  whose  favor 
remission  of  fines  and  forfeitures  shall  have  been  made,  and  the 
several  amounts  remitted. 

Sec.  15.  Every  bill  which  shall  have  passed  the  legislative  assembly 
shall,  before  it  becomes  a  law,  be  presented  to  the  governor;  if  he 
approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objec- 
tions, to  that  house  in  which  it  shall  have  originated,  which  house 
shall  enter  the  objections  at  large  upon  the  journal  and  proceed  to 
reconsider  it.  If,  after  such  reconsideration,  two-thirds  of  the  mem- 
bers present  shall  agree  to  pass  the  bill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two-thirds  of  the  members  present,  it 
shall  become  a  law.  But  in  all  such  cases  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  or  against  the  bill  shall  be  entered  on  the  journal  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  five  days,  Sunday  excepted,  after  it  shall  have  been  pre- 
sented to  him,  it  shall  be  a  law  without  his  signature,  unless  the  gen- 
eral adjournment  shall  prevent  its  return ;  in  which  case  it  shall  be  a 
law,  unless  the  governor,  within  five  days  next  after  the  adjournment, 
Sundays  excepted,  shall  file  such  bill,  with  his  objections  thereto,  in 
the  office  of  the  secretary  of  state,  who  shall  lay  the  same  before  the 
legislative  assembly  at  its  next  session,  in  like  manner  as  if  it  had 
been  returned  by  the  governor. 

Sec.  16.  AVhen,  during  a  recess  of  the  legislative  assembly,  a  va- 
cancy shall  happen  in  any  office  the  appointment  to  which  is  vested 
in  the  legislative  assembly,  or  w4ien  at  any  time  a  vacancy  shall  have 
occurred  in  any  other  State  office,  or  in  the  office  of  judge  of  any  court, 
the  governor  shall  fill  such  vacancy  by  appointment,  which  shall 
expire  when  a  successor  shall  have  been  elected  and  qualified. 

Sec.  it.  He  shall  issue  writs  of  election  to  fill  such  vacancies  as 
may  have  occurred  in  the  legislative  assembly. 

Sec.  18.  A\\  commissions  shall  issue  in  the  name  of  the  State,  shall 
be  signed  by  the  governor,  sealed  with  the  seal  of  the  State,  and 
attested  by  the  secretary  of  state. 

Article  VI 

ADMINISTRATIVE    DEPARTMENT 

Section  1.  There  shall  be  elected  by  the  qualified  electors  of  the 
State,  at  the  times  and  places  of  choosing  members  of  the  legislative 


3008  Orgeon—1857 

assembly,  a  secretary  and  treasurer  of  state,  who  shall  severally  hold 
their  offices  for  the  term  of  four  years ;  but  no  person  shall  be  eligible 
to  either  of  said  offices  more  than  eight  in  any  period  of  twelve  years. 

Sec.  2.  The  secretary  of  state  shall  keep  a  fair  record  of  the  official 
acts  of  the  legislative  assembly  and  executive  department  of  the  State, 
and  shall,  when  required,  lay  the  same  and  all  matters  relative  thereto 
before  either  branch  of  the  legislative  assembly.  He  shall  be,  by 
virtue  of  his  office,  auditor  of  public  accounts,  and  shall  perform  such 
other  duties  as  shall  be  assigned  him  by  law. 

Sec.  3.  There  shall  be  a  seal  of  state,  kept  by  the  secretary  of  state, 
for  official  purposes,  Avhich  shall  be  called  "  The  Seal  of  the  State  of 
Oregon." 

Sec.  4.  The  power  and  duties  of  the  treasurer  of  state  shall  be  such 
as  may  be  prescribed  by  law. 

Sec.  5.  The  governor  and  the  secretary  and  treasurer  of  state  shall 
severally  keep  the  public  records,  books,  and  papers,  in  any  manner 
relating  to  their  respective  offices,  at  the  seat  of  government,  at  which 
place  also  the  secretary  of  state  shall  reside. 

Sec.  6.  There  shall  be  elected  in  each  county,  by  the  qualified 
electors  thereof,  at  the  time  of  holding  general  elections,  a  county 
clerk,  treasurer,  sheriff,  coroner,  and  surveyor,  who  shall  severally 
hold  offices  for  the  term  of  two  years. 

Sec.  T.  Such  other  county,  township,  precinct,  and  cit}^  officers  as 
may  be  necessary  shall  be  elected  or  appointed  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  8.  No  person  shall  be  elected  or  appointed  to  a  county  office 
who  shall  not  be  an  elector  of  the  county;  and  all  county,  township, 
precinct,  and  city  officers  shall  keep  their  respective  offices  at  such 
places  therein,  and  perform  such  duties  as  may  be  prescribed  by  law. 

Sec.  9.  Vacancies  in  county,  township,  precinct,  and  city  offices 
shall  be  filled  in  such  manner  as  may  be  prescribed  by  law. 

Article  VII 

JUDICIAL    DEPARTMENT 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  a 
supreme  court,  circuit  courts,  and  county  court,  which  shall  be  courts 
of  record,  having  general  jurisdiction,  to  be  defined,  limited,  and 
regulated  by  law,  in  accordance  with  this  constitution.  Justices  of 
the  peace  may  also  be  invested  with  limited  judicial  powers,  and 
municipal  courts  may  be  created  to  administer  the  regulations  of 
incorporated  towns  and  cities. 

Sec.  2.  The  supreme  court  shall  consist  of  four  justices,  to  be 
chosen  in  districts  by  the  electors  thereof,  who  shall  be  citizens  of  the 
United  States,  and  who  shall  have  resided  in  the  State  at  least 
three  years  next  preceding  their  election,  and  after  their  election 
to  reside  in  their  respective  districts. 

The  number  of  justices  and  districts  may  be  increased,  but  shall 
not  exceed  five  until  the  white  population  of  the  State  shall  amount 
to  one  hundred  thousand,  and  shall  never  exceed  seven;  and  the 
boundaries  of  districts  may  be  changed,  but  no  change  of  district 
shall  have  the  effect  to  remove  a  judge  from  office,  or  require  him 
to  change  his  residence  without  his  consent. 


Oregon— 1857  3009 

Sec.  3.  The  judges  first  chosen  under  this  constitution  shall  allot 
among  themselves  their  terms  of  office,  so  that  the  term  of  one  of 
them  shall  expire  in  two  years,  one  in  four  years,  and  two  in  six 
years;  and  thereafter  one  or  more  shall  be  chosen  every  two  years, 
to  serve  for  the  term  of  six  years. 

Sec.  4.  Every  vacancy  in  the  office  of  judge  of  the  supreme  court 
shall  be  filled  by  election  for  the  remainder  of  the  vacant  term,  unless 
it  would  expire  at  the  next  election,  and  until  so  filled,  or  when  it 
would  so  expire,  the  governor  shall  fill  the  vacancy  by  appointment. 

Sec.  5.  The  judge  who  has  the  shortest  term  to  serve,  or  the  oldest 
of  several  having  such  shortest  term,  and  not  holding  by  appoint- 
ment, shall  be  the  chief  justice. 

Sec.  6.  The  supreme  court  shall  have  jurisdiction  only  to  revise 
the  final  decisions  of  the  circuit  courts;  and  every  cause  shall  be 
tried  and  every  decision  shall  be  made  by  those  judges  only,  or  a 
majority  of  them,  who  did  not  try  the  cause  or  make  the  decision 
in  the  circuit  court. 

Sec.  7.  The  terms  of  the  supreme  court  shall  be  appointed  by 
law ;  but  there  shall  be  one  term  at  the  seat  of  government  annually. 
And  at  the  close  of  each  term  the  judges  shall  file  with  the  secretary 
of  state  concise  written  statements  of  the  decisions  made  a  that  term. 

Sec.  8.  The  circuit  court  shall  be  held  twice,  at  least,  in  each  year, 
in  each  county  organized  for  judicial  purposes,  by  one  of  the  justices 
of  the  supreme  court,  at  times  to  be  appointed  by  law;  and  at  such 
other  times  as  may  be  appointed  by  the  judges  severally  in  pursu- 
ance of  law. 

Sec.  9.  All  judicial  power,  authority,  and  jurisdiction  not  vested 
by  this  constitution,  or  by  laws  consistent  therewith,  exclusively  in 
some  other  court,  shall  belong  to  the  circuit  courts;  and  they  shall 
have  appellate  jurisdiction  and  supervisory  control  over  the  county 
courts,  and  all  other  inferior  courts,  officers,  and  tribunals. 

Sec.  10.  When  the  white  population  of  the  State  shall  amount  to 
two  hundred  thousand,  the  legislative  assembly  may  provide  for  the 
election  of  supreme  and  circuit  judges  in  distinct  classes,  one  of 
which  classes  shall  consist  of  three  justices  of  the  supreme  court, 
who  shall  not  perform  circuit  duty;  and  the  other  class  shall  con- 
sist of  the  necessary  number  of  circuit  judges,  who  shall  hold  full 
terms,  without  allotment,  and  who  shall  take  the  same  oath  as  the 
supreme  judges. 

Sec.  11.  There  shall  be  elected  in  each  county,  for  the  term  of  four 
years,  a  county  judge,  who  shall  hold  the  county  court. at  times  to 
be  regulated  by  law. 

Sec.  12.  The  county  court  shall  have  the  jurisdiction  pertaining 
to  probate  courts  and  boards  of  county  commissioners,  and  such  other 
powers  and  duties,  and  such  civil  jurisdiction  not  exceeding  the 
amount  or  value  of  five  hundred  dollars,  and  such  criminal  jurisdic- 
tion not  extending  to  death  or  imprisonment  in  the  penitentiary,  as 
may  be  prescribed  by  law.  But  the  legislative  assembly  may  pro- 
vide for  the  election  of  two  commissioners  to  sit  with  the  county 
judge  whilst  transacting  county  business  in  any  or  all  the  counties, 
or  may  provide  a  separate  board  for  transacting  such  business. 

Sec.  13.  The  county  judge  may  grant  preliminary  injunctions, 
and  such  other  writs  as  the  legislative  assembly  may  authorize  him 


3010  Oregon— 1857 

to  grant,  returnable  to  the  circuit  court,  or  otherwise,  as  may  be  pro- 
vided by  law ;  and  may  hear  and  decide  questions  arising  upon  habeas 
corpus,  provided  such  decision  be  not  against  the  authority  or  pro- 
ceedings of  a  court  or  judge  of  equal  or  higher  jurisdiction. 

Sec.  1-1.  The  counties  having  less  than  ten  thousand- white  inhabit- 
ants shall  be  reimbursed,  wholly  or  in  part,  for  the  salary  and  ex- 
penses of  the  county  court,  by  fees,  percentage,  and  other  equitable 
taxation  of  the  business  done  in  said  court  and  in  the  office  of  the 
county  clerk. 

Sec.  15.  A  county  clerk  shall  be  elected  in  each  county  for  the  term 
of  two  years,  who  shall  keep  all  the  public  records,  books,  and  papers 
of  the  county,  record  conveyances,  and  perform  the  duties  of  clerk 
of  the  circuit  and  county  courts,  and  such  other  duties  as  may  be  pre- 
scribed by  law ;  but  whenever  the  number  of  voters  in  the  county  shall 
exceed  twelve  hundred,  the  legislative  assembly  may  authorize  the 
election  of  one  person  as  clerk  of  the  circuit  court,  one  person  as  clerk 
of  the  county  court,  and  one  person  recorder  of  conveyances. 

Sec.  16.  A  sheriff  shall  be  elected  in  each  county  for  the  term  of 
two  years,  who  shall  be  the  ministerial  officer  of  the  circuit  and  county 
courts,  and  shall  perform  such  other  duties  as  may  be  prescribed  by 
law. 

Sec.  it.  There  shall  be  elected  by  districts,  composed  of  one  or  more 
counties,  a  sufficient  number  of  prosecuting  attorneys,  who  shall  be 
the  law-officers  of  the  State,  and  of  the  counties  within  their  respective 
districts,  and  shall  perform  such  duties  pertaining  to  the  administra- 
tion of  law  and  general  police  as  the  legislative  assembly  may  direct. 

Sec.  18.  The  legislative  assembly  shall  so  provide  that  the  most 
competent  of  the  permanent  citizens  of  the  county  shall  be  chosen  for 
jurors;  and  out  of  the  whole  number  in  attendance  at  the  court,  seven 
shall  be  drawn  by  lot  as  grand  jurors,  five  of  whom  must  concur  to 
find  an  indictment ;  but  the  legislative  assembly  may  modify  or  abol- 
ish grand  juries. 

Sec.  19.  Public  officers  shall  not  be  impeached ;  but  incompetency, 
corruption,  malfeasance,  or  delinquency  in  office  may  be  tried  in  the 
same  manner  as  criminal  offences,  and  judgment  may  be  given  of  dis- 
missal from  office,  and  such  further  punishment  as  may  have  been  pre- 
scribed by  law. 

Sec.  20.  The  governor  may  remove  from  office  a  judge  of  the  su- 
preme court,  or  prosecuting  attorney,  upon  the  joint  resolution  of  the 
legislative  assembly,  in  which  two-thirds  of  the  members  elected  to 
each  house  shall  concur,  for  incompetency,  corruption,  malfeasance, 
or  delinquency  in  officie,  or  other  sufficient  cause,  stated  in  such 
resolution. 

Sec.  21.  Every  judge  of  the  supreme  court,  before  entering  upon 
the  duties  of  his  office,  shall  take  and  subscribe,  and  transmit  to  the 
secretary  of  state,  the  following  oath : 

"  I, ,  do  solemnly  swear  [or  affirm]  that  I  will  support  the 

Constitution  of  the  United  States  and  the  constitution  of  the  State 
of  Oregon,  and  that  I  will  faithfully  and  impartially  discharge  the 
duties  of  a  judge  of  the  supreme  and  circuit  courts  of  said  State 
according  to  the  best  of  my  ability,  and  that  I  will  not  accept  any  other 
office  except  judicial  offices  during  the  term  for  which  I  have  been 
elected." 


\ 


Oregon— 1857  3011 

Article  VIII 

EDUCATION    AND    SCHOOL-LANDS 

Section  1.  The  governor  shall  be  superintendent  of  public  instruc- 
tion, and  his  powers  and  duties  in  that  cai^acity  shall  be  such  as  may 
be  prescribed  by  law ;  but  after  the  term  of  five  years  from  the  adop- 
tion of  this  constitution,  it  shall  be  competent  for  the  legislative 
assembly  to  provide  by  law  for  the  election  of  a  superintendent,  to 
provide  for  his  compensation,  and  prescribe  his  powers  and  duties. 

Sec  2.  The  proceeds  of  all  the  lands  which  have  been,  or  hereafter 
may  be,  granted  to  this  State  for  educational  purposes,  (excepting 
the  lands  heretofore  granted  to  aid  in  the  establishment  of  a  uni- 
versity ; )  all  the  moneys  and  clear  proceeds  of  all  property  which  may 
accrue  to  the  State  by  escheat  or  forfeiture ;  all  moneys  which  may  be 
paid  as  exemption  from  military  duty ;  the  proceeds  of  all  gifts, 
devises,  and  bequests  made  by  any  person  to  the  State  for  common- 
school  purposes;  the  proceeds  of  all  property  granted  to  the  State, 
when  the  purposes  of  such  grant  shall  not  be  stated ;  all  the  proceeds 
of  the  five  hundred  thousand  acres  of  land  to  which  the  State  is 
entitled  by  the  provisions  of  an  act  of  Congress,  entitled  "An  act  to 
appropriate  the  proceeds  of  the  sales  of  the  public  lands,  and  to  grant 
preemption  rights,"  approved  the  fourth  of  September,  1841 ;  and  also 
the  five  per  centum  of  the  net  proceeds  of  the  sales  of  the  public  lands 
to  which  this  State  shall  become  entitled  on  her  admission  into  the 
Union,  (if  Congress  shall  assent  to  such  appropriation  of  the  two 
grants  last  mentioned,)  shall  be  set  apart  as  a  separate  and  irreduci- 
ble fund,  to  be  called  the  common-school  fund,  the  interest  of  which, 
together  with  all  other  revenues  derived  from  the  school-lands  men- 
tioned in  this  section,  shall  be  exclusively  applied  to  the  support  and 
maintenance  of  common  schools  in  each  school-district,  and  purchase 
of  suitable  libraries  and  apparatus  therefor. 

Sec.  3.  The  legislative  flssembly  shall  provide  by  law  for  the  estab- 
lishment of  a  uniform  and  regular  system  of  common  schools. 

Sec  4.  Provision  shall  be  made  by  law  for  the  distribution  of  the 
income  of  the  common-school  fund  among  the  several  counties  of  the 
State,  in  proportion  to  the  number  of  children  resident  therein  be- 
tween the  ages  of  four  and  twenty  years. 

Sec  5.  The  governor,  secretary  of  state,  and  State  treasurer  shall 
constitute  a  board  of  commissioners  for  the  sale  of  school  and  uni- 
versity lands,  and  for  the  investment  of  the  funds  arising  therefrom, 
and  their  powers  and  duties  shall  be  such  as  may  be  prescribed  by 
law:  Provided,  That  no  part  of  the  university  funds,  or  of  the  in- 
terest arising  therefrom,  shall  be  expended  until  the  period  of  ten 
years  from  the  adoption  of  this  constitution,  unless  the  same  shall  be 
otherwise  disposed  of,  by  the  consent  of  Congress,  for  common-school 
purposes. 

Article  IX 

FINANCE 

Section  1.  The  legislative  assembly  shall  provide  by  law  for  a  uni- 
form and  equal  rate  of  assessment  and  taxation,  and  shall  prescribe 
such  regulations  as  shall  secure  a  just  valuation  for  taxation  of  all 

7254— VOL  5—09 31 


3012  Oregon— 1857 

property,  both  real  and  personal,  excepting  such  only  for  municipal, 
educational,  literary,  scientific,  religious,  or  charitable  purposes  as 
may  be  specially  exempted  by  law. 

Sec.  2.  The  legislative  assembly  shall  provide  for  raising  revenue 
sufficient  to  defray  the  expenses  of  the  State  for  each  fiscal  year,  and 
also  a  sufficient  sum  to  pay  the  interest  on  the  State  debt,  if  there  be 
any. 

Sec.  3.  No  tax  shall  be  levied,  except  in  pursuance  of  law,  and  every 
law  imposing  a  tax  shall  state  distinctly  the  object  of  the  same,  to 
which  only  it  shall  be  applied. 

Sec.  4.  No  money  shall  be  drawn  from  the  treasury  but  in  pursu- 
ance of  appropriations  made  by  law. 

Sec.  5.  An  accurate  statement  of  the  receipts  and  expenditures  of 
the  public  money  shall  be  published  with  the  laws  of  each  regular 
session  of  the  legislative  assembly. 

Sec.  6.  Whenever  the  expenses  of  any  fiscal  year  shall  exceed  the 
income,  the  legislative  assembly  shall  provide  for  levying  a  tax  for 
the  ensuing  fiscal  year,  sufficient,  with  other  sources  of  income,  to  pay 
the  deficiency,  as  well  as  the  estimated  expense  of  the  ensuing  fiscal 
year. 

Sec.  7.  Laws  making  appropriations  for  the  salaries  of  public  offi- 
cers, and  other  current  expenses  of  the  State,  shall  contain  provisions 
upon  no  other  subject. 

Sec.  8.  All  stationery  required  for  the  use  of  the  State  shall  be  fur- 
nished by  the  lowest  responsible  bidder,  under  such  regulations  as 
may  be  prescribed  by  law;  but  no  State  officer  or  member  of  the 
legislative  assembly  shall  be  interested  in  any  bid  or  contract  for  fur- 
nishing such  stationery. 

Article  X 


MILITIA 

Section  1.  The  militia  of  this  State  shall  consist  of  all  able-bodied 
male  citizens  between  the  ages  of  eighteen  and  forty-five  years,  except 
such  persons  as  now  are,  or  hereafter  may  be,  exempted  by  the  laws 
of  the  United  States,  or  of  this  State. 

Sec.  2.  Persons  whose  religious  tenets  or  conscientious  scruples  for- 
bid them  to  bear  arms,  shall  not  be  compelled  to  do  so  in  time  of  peace, 
but  shall  pay  an  equivalent  for  personal  service. 

Sec.  3.  The  governor  shall  appoint  the  adjutant-general  and  the 
other  chief  officers  of  the  general  staff  and  his  own  staff  and  all 
officers  of  the  line  shall  be  elected  by  the  persons  subject  to  military 
duty  in  their  respective  districts. 

Sec.  4.  The  majors-general,  brigadiers-general,  colonels,  or  com- 
mandants of  regiments,  battalions,  or  squadrons,  shall  severally  ap- 
point their  staff-officers,  and  the  governor  shall  commission  all  officers 
of  the  line  and  staff  ranking  as  such. 

Sec.  5.  The  legislative  assembly  shall  fix  by  law  the  method  of 
dividing  the  militia  into  divisions,  brigades,  regiments,  battalions, 
and  companies,  and  make  all  other  needful  rules  and  regulations  in 


Oregon— 1857  3013 

such  manner  as  they  may  deem  expedient,  not  incompatible  with  the 
Constitution  or  laws  of  the  United  States,  or  of  the  constitution  of 
this  State,  and  shall  fix  the  rank  of  all  staff-officers. 

Article  XI 

CORPORATIONS  AND  INTERNAL  IMPROVEMENTS 

Section  1.  The  legislative  assembly  shall  not  have  the  power  to 
establish  or  incorporate  any  bank,  or  banking  company,  or  moneyed 
institution  whatever;  nor  shall  any  bank,  company,  or  institution 
exist  in  the  State,  with  the  privilege  of  making,  issuing,  or  putting 
in  circulation  any  bill,  check,  certificate,  promissory  note,  or  other 
paper,  or  the  paper  of  any  bank,  company,  or  person,  to  circulate  as 
money. 

Sec.  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  special  laws,  except  for  municipal  purposes.  All 
laws  passed  pursuant  to  this  section  may  be  altered,  amended,  or 
repealed,  but  not  so  as  to  impair  or  destroy  any  vested  corporate 
lights. 

Sec.  3.  The  stockholders  of  all  corporations  and  joint-stock  com- 
panies shall  be  liable  for  the  indebtedness  of  said  corporation  to  the 
amoiwit  of  their  stock  subscribed  and  unpaid,  and  no  more. 

Sec.  4.  No  person's  property  shall  be  taken  by  any  corporation 
under  authority  of  law,  without  compensation  being  first  made,  or 
secured,  in  such  manner  as  may  be  prescribed  by  law. 

Sec.  5.  Acts  of  the  legislative  assembly,  incorporating  towns  and 
cities,  shall  restrict  their  powers  of  taxation,  borrowing  money,  con- 
tracting debts,  and  loaning  their  credit. 

Sec.  0.  The  State  shall  not  subscribe  to,  or  be  interested  in,  the 
stock  of  any  company,  association,  or  corporation. 

Sec.  7.  The  legislative  assembly  shall  not  loan  the  credit  of  the 
State,  nor  in  any  manner,  create  any  debt  or  liabilities  which  shall 
singly,  or  in  the  aggregate,  with  previous  debts  or  liabilities,  exceed 
the  sum  of  fifty  thousand  dollars,  except  in  case  of  war,  or  to  repel 
invasion,  or  suppress  insurrection;  and  every  contract  of  indebted- 
ness entered  into,  or  assumed  by  or  on  behalf  of  the  State,  when  all 
its  liabilities  and  debts  amount  to  said  sum,  shall  be  void  and  of  no 
effect. 

Sec.  8.  The  State  shall  never  assume  the  debts  of  any  county,  town, 
city,  or  other  corporation  whatever,  unless  such  debts  shall  have  been 
created  to  repel  invasion,  suppress  insurrection,  or  defend  the  State 
in  war. 

Sec.  9.  No  county,  city,  town,  or  other  municipal  corporation,  by 
vote  of  its  citizens  or  otherwise,  shall  become  a  stockholder  in  any 
joint-stock  company,  corporation,  or  association  whatever,  or  raise 
money  for,  or  loan  its  credit  to  or  in  aid  of  any  such  company,  corpo- 
ration, or  association. 

Sec.  10.  No  county  shall  create  any  debts  or  liabilities  which  shall 
singly,  or  in  the  aggregate,  exceed  the  sum  of  five  thousand  dollars, 
except  to  suppress  insurrection  or  repel  invasion;  but  the  debts  of 
any  county  at  the  time  this  constitution  takes  effect  shall  be  disre- 
garded in  estimating  the  sum  to  which  such  county  is  limited. 


3014  Oregon— 1857 

Article  XII 

STATE    PRINTER 

.  There  shall  be  elected  by  the  qualified  electors  of  the  State,  at  the 
times  and  places  of  choosing  members  of  the  legislative  assembly,  a 
State  printer,  who  shall  hold  his  oiRce  for  the  term  of  four  years. 

He  shall  perform  all  the  public  printing  for  the  State  which  may 
be  provided  by  law.  The  rates  to  be  paid  to  him  for  such  printing 
shall  be  fixed  by  law,  and  shall  neither  be  increased  nor  diminished 
during  the  term  for  which  he  shall  have  been  elected.  He  shall  give 
such  security  for  the  performance  of  his  duties  as  the  legislative 
assembly  may  provide. 

Article  XIII 

SALARIES 

The  governor  shall  receive  an  annual  salary  of  fifteen  hundred  dol- 
lars. The  secretary  of  state  shall  receive  an  annual  salary  of  fifteen 
hundred  dollars.  The  treasurer  of  state  shall  receive  an  annual 
salary  of  eight  hundred  dollars.  The  judges  of  the  supreme  court 
shall  each  receive  an  annual  salary  of  two  thousand  dollars.  They 
shall  receive  no  fees  or  perquisites  whatever  for  the  performace  (ff  any 
duties  connected  with  their  respective  oiRces;  and  the  compensation 
of  officers,  if  not  fixed  by  this  constitution,  shall  be  provided  by  law. 

Article  XIV 

SEAT  OF  GOVERNMENT 

Section  1.  The  legislative  assembly  shall  not  have  power  to  estab- 
lish a  permanent  seat  of  government  for  this  State;  but  at  the  first 
regular  session  after  the  adoption  of  this  constitution  the  legislative 
assembly  shall  provide  by  law  for  the  submission  to  the  electors  of 
this  State,  at  the  next  general  election  thereafter,  the  matter  of  the 
selection  of  a  place  for  a  permanent  seat  of  government ;  and  no  place 
shall  ever  be  the  seat  of  government  under  such  law  which  shall  not 
receive  a  majority  of  all  the  votes  cast  on  the  matter  of  such  election. 

Sec.  2.  No  tax  shall  be  levied,  or  money  of  the  State  expended,  or 
debt  contracted  for  the  erection  of  a  State-house  prior  to  the  year 
eighteen  hundred  and  sixty-five. 

Sec.  3.  The  seat  of  government,  when  established  as  provided  in 
section  one,  shall  not  be  removed  for  the  term  of  twenty  years  from 
the  time  of  such  establishment,  nor  in  any  other  manner  than  as 
provided  in  the  first  section  of  this  article :  Provided^  That  all  public 
institutions  of  the  State  hereafter  provided  for  by  the  legislative 
assembly  shall  be  located  at  the  seat  of  government. 

Article  XV 

miscellaneous 

Section  1.  All  officers,  except  members  of  the  legislative  assembly, 

shall  hold  their  offices  until  their  successors  are  elected  and  qualified. 

Sec.  2.  When  the  duration  of  any  office  is  not  provided  for  by  this 


Oregon— 1857  3015 

constitution,  it  may  be  declared  by  law ;  and  if  not  so  declared,  such 
office  shall  be  held  during  the  pleasure  of  the  authority  making  the 
appointment.  But  the  legislative  assembly  shall  not  create  any  office 
the  tenure  of  which  shall  be  longer  than  four  years. 

Sec.  3.  Every  person  elected  or  appointed  to  any  office  under  this 
constitution  shall,  before  entering  on  the  duties  thereof,  take  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States  and  of 
this  State,  and  also  an  oath  of  office. 

Sec.  4.  Lotteries,  and  the  sale  of  lottery-tickets,  for  any  purpose 
whatever,  are  prohibited,  and  the  legislative  assembly  shall  prevent 
the  same  by  penal  laws. 

Sec.  5.  The  property  and  pecuniary  rights  of  every  married 
woman,  at  the  time  of  marriage,  or  afterwards,  acquired  by  gift, 
devise,  or  inheritance,  shall  not  be  subject  to  the  debts  or  contracts  of 
the  husband,  and  laws  shall  be  passed  providing  for  the  registration 
of  the  wife's  separate  property. 

Sec.  6.  No  county  shall  be  reduced  to  an  area  less  than  four  hun- 
dred square  miles;  nor  shall  any  new  county  be  established  in  this 
State  containing  a  less  area,  nor  unless  such  new  county  shall  contain 
a  population  of  at  least  twelve  hundred  inhabitants. 

Sec.  7.  No  State  officer,  or  member  of  the  legislative  assembly, 
shall,  directly  or  indirectly,  receive  a  fee,  or  be  engaged  as  counsel, 
agent,  or  attorney  in  the  prosecution  of  any  claim  against  this  State. 

Sec.  8.  No  Chinaman,  not  a  resident  of  the  State  at  the  time  of  the 
adoption  of  this  constitution,  shall  ever  hold  any  real  estate  or 
mining-claim,  or  work  any  mining-claim  therein. 

The  legislative  assembly  shall  provide  by  law  in  the  most  effective 
manner  for  carrying  out  the  above  provision. 

Article  XVI 

boundaries 

Section  1.  In  order  that  the  boundaries  of  the  State  may  be  known 
and  established,  it  is  hereby  ordained  and  declared  that  the  State 
of  Oregon  shall  be  bounded  as  follows,  to  wit :  Beginning  one  marine 
league  at  sea  due  west  from  the  point  where  the  forty-second  parallel 
of  north  latitude  intersects  the  same;  thence  northerly,  at  the  same 
distance  from  the  line  of  the  coast,  lying  west  and  opposite  the  State, 
including  all  islands  within  the  jurisdiction  of  the  United  States, 
to  a  point  due  west  and  opposite  the  middle  of  the  north  ship-channel 
of  the  Columbia  River ;  thence  easterly  to  and  up  the  middle  channel 
of  said  river,  and,  where  it  is  divided  by  islands,  up  the  middle  of  the 
widest  channel  thereof,  and  in  like  manner  up  the  middle  of  the  main 
channel  of  Snake  River  to  the  mouth  of  the  Owyhee  River;  thence 
due  south  to  the  parallel  of  latitude  forty-two  degrees  north ;  thence 
west  along  said  parallel  to  the  place  of  beginning,  including  juris- 
diction in  civil  and  criminal  cases  upon  the  Columbia  River  and 
Snake  River,  concurrently  with  States  and  Territories  of  which  those 
rivers  form  a  boundary  in  common  with  this  State.     But  the  Con- 

§ress  of  the  United  States,  in  providing  for  the  admission  of  this 
tate  into  the  Union,  may  make  the  said  northern  boundary  conform 
to  the  act  creating  the  Territory  of  Washington. 


3016  Oregon— 1857 

Article  XVII 

AMENDMENTS 

Section  1.  Any  amendment  or  amendments  to  this  constitution 
may  be  proposed  in  either  branch  of  the  legislative  assembly,  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  of  the  two  houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  on  their  journals, 
and  referred  to  the  legislative  assembly  to  be  chosen  at  the  next 
general  election ;  and  if  in  the  legislative  assembly  so  next  chosen  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  all  the  members  elected  to  each  house,  then  it  shall  be  the  duty 
of  the  legislative  assembly  to  submit  such  amendment  or  amendments 
to  the  electors  of  the  State,  and  cause  the  same  to  be  published  with- 
out delay  at  least  four  consecutive  Aveeks  in  the  several  newspapers 
published  in  this  State;  and  if  a  majority  of  said  electors  shall  ratify 
the  same,  such  amendment  or  amendments  shall  become  a  part  of  this 
constitution. 

Sec.  2.  If  two  or  more  amendments  shall  be  submitted  at  the  same 
time,  they  shall  be  submitted  in  such  manner  that  the  electors  shall 
vote  for  or  against  each  of  such  amendments  separatel}^ ;  and  while 
an  amendment  or  amendments,  which  shall  have  been  agreed  upon 
by  one  legislative  assembly,  shall  be  awaiting  the  action  of  a  legis- 
lative assembly,  or  of  the  electors,  no  additional  amendment  or 
amendments  shall  be  proposed. 

Article  XVIII 

schedule 

Section  1.  For  the  purpose  of  taking  the  vote  of  the  electors  of 
the  State  for  the  acceptance  or  rejection  of  this  constitution,  an  elec- 
tion shall  be  held  on  the  second  Monday  of  November,  in  the  year 
1857,  to  be  conducted  according  to  existing  laws  regulating  the  elec- 
tion of  Delegate  in  Congress,  so  far  as  applicable,  except  as  herein 
otherwise  provided. 

Sec.  2.  Each  elector  who  offers  to  vote  upon  this  constitution  shall 
be  asked  by  the  judges  of  election  this  question: 

"  Do  you  vote  for  the  constitution — yes  or  no  ?  "^ 

And  also  this  question : 

"  Do  you  vote  for  slavery  in  Oregon — yes  or  no  ?  " 

And  also  this  question  : 

"  Do  you  vote  for  free  negroes  in  Oregon — yes  or  no  ?  " 

And  in  the  poll-books  shall  be  columns  headed,  respectively,  "  Con- 
stitution— Yes ;  "  "  Constitution — No ;  "  "  Free  negroes — Yes ;  "  "  Free 
negroes — No ;  "  "  Slavery — Yes ;  "  "  Slavery — No."  And  the  names  of 
electors  shall  be  entered  in  the  poll-books,  together  with  their  answers 
to  the  said  questions  under  their  appropriate  heads.  The  abstracts 
of  the  votes  transmitted  to  the  secretary  of  the  Territory  shall  be 
publicly  opened,  and  canvassed  by  the  governor  and  secretary,  or  by 
either  of  them,  in  the  absence  of  the  other;  and  the  governor,  or,  in 
his  absence,  the  secretary,  shall  forthwith  issue  his  proclamation,  and 


Oregon— 1857  3017 

publish  the  same  in  the  several  newspapers  printed  in  this  State, 
declaring  the  result  of  the  said  election  upon  each  of  said  questions. 

Sec.  3.  If  a  majority  of  all  the  votes  given  for  and  against  the 
constitution  shall  be  given  for  the  constitution,  then  this  constitution 
i-hall  be  deemed  to  be  approved  and  accepted  by  the  electors  of  the 
State,  and  shall  take  effect  accordingly;  and  if  a  majority  of  such 
votes  shall  be  given  against  the  constitution,  then  this  constitution 
shall  be  deemed  to  be  rejected  by  the  electors  of  the  State,  and  shall 
be  void. 

Sec.  4.  If  this  constitution  shall  be  accepted  by  the  electors,  and  a 
majority  of  all  the  votes  given  for  and  against  slavery  shall  be  given 
for  slavery,  then  the  following  section  shall  be  added  to  the  bill  of 
rights,  and  shall  be  part  of  this  constitution : 

"  Section  — .  Persons  lawfully  held  as  slaves  in  any  State,  Territory, 
or  district  of  the  United  States,  under  the  laws  thereof,  may  be 
brought  into  this  State,  and  such  slaves,  and  their  descendants,  may 
be  held  as  slaves  within  this  State,  and  shall  not  be  emancipated 
without  the  consent  of  their  owners." 

And  if  a  majority  of  such  Azotes  shall  be  given  against  slavery,  then 
the  foregoing  shall  not,  but  the  following  section  shall,  be  added  to 
the  bill  of  rights,  and  shall  be  a  part  of  this  constitution : 

"  Section  — .  There  shall  be  neither  slavery  nor  involuntary  servi- 
tude in  the  State,  otherwise  than  as  a  punishment  for  crime,  whereof 
the  party  shall  have  been  duly  convicted."  « 

And  if  a  majority  of  all  the  votes  given  for  and  against  free  negroes 
shall  be  given  against  free  negroes,  then  the  following  section  shall  be 
added  to  the  bill  of  rights  and  shall  be  part  of  this  constitution : 

"  Section  — .  No  free  negro  or  mulatto,  not  residing  in  this  State 
at  the  time  of  the  adoption  of  this  constitution,  shall  come,  reside,  or 
be  within  this  State,  or  hold  any  real  estate,  or  make  any  contracts, 
or  maintain  any  suit  therein;  and  the  legislative  assembly  shall  pro- 
vide by  penal  laws  for  the  removal  by  public  officers  of  all  such  free 
negroes  and  mulattoes,  and  for  their  effectual  exclusion  from  the 
State,  and  for  the  punishment  of  persons  who  shall  bring  them  into 
the  State,  or  employ  or  harbor  them  therein."  ^ 

Sec.  5.  Until  an  enumeration  of  the  white  inhabitants  of  the  State 
shall  be  made,  and  the  senators  and  representatives  apportioned  as 
directed  in  this  constitution,  the  county  of  Marion  shall  have  two 
senators  and  four  representatives ;  Linn,  two  senators  and  four  repre- 
sentatives; Lane,  two  senators  and  three  representatives;  Clackamas 
and  Wasco,  one  senator  jointly,  and  Clackamas,  three  representatives, 
and  Wasco,  one  representative;  Yamhill,  one  senator  and  two  repre- 
sentatives; Polk,  one  senator  and  two  representatives;  Benton,  one 
senator  and  two  representatives;  Multnomah,  one  senator  and  two 
representatives;  Washington,  Columbia,  Clatsop,  and  Tillamook,  one 
senator  jointly,  and  Washington,  one  representative,  and  Washington 
and  Columbia,  one  representative  jointly,  and  Clatsop  and  Tillamook 
one  representative  jointly;  Douglas,  one  senator  and  two  representa- 
tives ;  Jackson,  one  senator  and  three  representatives ;  Josephine,  one 
senator  and  one  representative ;  Umpqua,  Coos,  and  Curry,  one  sena- 
tor jointly,  and  Umpqua  one  representative,  and  Coos  and  Curry  one 
representative  jointly. 

o  See  Bill  of  Rights,  clause  39.  *  See  Bill  of  Rights,  clause  35. 


3018  Oregon— 1857 

Sec.  6.  If  this  constitution  shall  be  ratified,  an  election  shall  be  held 
on  the  first  Monday  in  June,  1858,  for  the  election  of  members  of  the 
legislative  assembly,  a  Kepresentative  in  Congress,  and  State  and 
county  officers;  and  the  legislative  assembly  shall  convene  at  the 
capital  the  first  Monday  of  July,  1858,  and  proceed  to  elect  two  Sena- 
tors in  Congress,  and  make  such  further  provision  as  may  be  necessary 
to  the  complete  organization  of  a  State  government. 

Seo.  7.  All  laws  in  force  in  the  Territory  of  Oregon  when  the  con- 
stitution takes  effect,  and  consistent  therewith,  shall  continue  in  force 
until  altered  or  repealed. 

Sec.  8.  All  officers  of  the  Territory  of  Oregon,  or  under  its  laws, 
when  this  constitution  takes  effect  shall  continue  in  office  until  super- 
seded by  the  State  authorities. 

Sec.  9.  Crimes  and  misdemeanors  committed  against  the  Territory 
of  Oregon  shall  be  punished  by  the  State  as  they  might  have  been 
punished  by  the  Territory  if  the  change  of  government  had  not  been 
made. 

Sec.  10.  All  property  and  rights  of  the  Territory,  and  of  the  sev- 
eral counties,  subdivisions,  and  political  bodies-corporate  of  or  in  the 
Territory,  including  fines,  penalties,  forfeitures,  debts,  and  claims  of 
whatsoever  nature,  and  recognizances,  obligations,  and  undertakings 
to  or  for  the  use  of  the  Territory,  or  any  county,  political  corporation, 
officer,  or  otherwise,  to  or  for  the  public  shall  insure  to  the  State  or 
remain  to  the  county,  local  division,  corporation,  officer,  or  public,  as 
if  the  change  of  government  had  not  been  made.  And  private  rights 
shall  not  be  affected  by  such  change. 

Sec.  11.  Until  otherwise  provided  by  law,  the  judicial  districts  of 
the  State  shall  be  constituted  as  follows:  The  counties  of  Jackson, 
Josephine,  and  Douglas  shall  constitute  the  first  district.  The  coun- 
ties of  Umpqua,  Coos,  and  Curry,  Lane,  and  Benton  shall  constitute 
the  second  district.  The  counties  of  Lynn,  Marion,  Polk,  Yamhill, 
and  Washington  shall  constitute  the  third  district.  The  counties  of 
Clackamas,  Multonomah,  Wasco,  Columbia,  Clatsop,  and  Tillamook 
shall  constitute  the  fourth  district;  and  the  county  of  Tillamook 
shall  be  attached  to  the  county  of  Clatsop  for  judicial  purposes. 

Done  in  convention,  at  Salem,  the  eighteenth  day  of  September,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty-seven, 
and  of  the  Independence  of  the  United  States  the  eighty-second. 

M.  P.  Deady,  President, 

Chester  N.  Terry,  Secretary. 

M.  C.  Bark  WELL,  Assistant  Secretary. 

AMENDMENT  OF  THE  CONSTITUTION  OF  THE  STATE  OF  OREGON « 

Section  1  of  article  IV  of  the  Constitution  of  the  State  of  Oregon 
shall  be,  and  hereby  is,  amended  to  read  as  follows : 

"  Section  1.  The  legislative  authority  of  the  state  shall  be  vested 
in  a  legislative  assembly,  consisting  of  a  senate  and  house  of  repre- 
sentatives, but  the  people  reserve  to  themselves  power  to  propose  laws 
and  amendments  to  the  constitution  and  to  enact  or  reject  the  same 

aAdopted  by  the  twentieth  legislative  assembly;  adopted  by  the  twenty-first 
legislative  assembly ;  adopted  by  the  people,  by  vote  of  62,024  for,  to  5,668 
against  it,  June  2,  1902. 


Oregon— 1857  3019 

at  the  polls,  independent  of  the  legislative  assembly,  and  also  reserve 
power  at  their  own  option  to  approve  or  reject  at  the  polls  any  act 
of  the  legislative  assembly.  The  first  power  reserved  by  the  people 
is  the  initiative,  and  not  more  than  eight  per  cent  of  the  legal  voters 
shall  be  required  to  propose  any  measure  by  such  petition,  and  every 
such  petition  shall  include  the  full  text  of  the  measure  so  proposed. 
Initiative  petitions  shall  be  filed  with  the  secretary  of  state  not  less 
than  four  months  before  the  election  at  which  they  are  to  be  voted 
upon.  The  second  power  is  the  referendum,  and  it  may  be  ordered 
(except  as  to  laws  necessary  for  the  immediate  preservation  of  the 
jjublic  peace,  health,  or  safety,)  either  by  the  petition  signed  by  five 
per  cent  of  the  legal  voters,  or  by  the  legislative  assembly,  as  other 
bills  are  enacted.  Referendum  petitions  shall  be  filed  with  the  sec- 
retary of  state  not  more  than  ninety  days  after  the  final  adjournment 
of  the  session  of  the  legislative  assembly  which  passed  the  bill  on 
which  the  referendum  is  demanded.  The  veto  power  of  the  governor 
shall  not  extend  to  measures  referred  to  the  people.  All  elections  on 
measures  referred  to  the  people  of  the  state  shall  be  had  at  the  bien- 
nial regular  general  elections,  except  when  the  legislative  assem- 
bly shall  order  a  special  election.  Any  measure  referred  to  the 
people  shall  take  effect  and  become  the  law  when  it  is  approved  by  a 
majority  of  the  votes  cast  thereon,  and  not  otherwise.  The  style  of  all 
bills  shall  be :  "  Be  it  enacted  by  the  people  of  the  State  of  Oregon." 
This  section  shall  not  be  construed  to  deprive  an}^  member  of  the 
legislative  assembly  of  the  right  to  introduce  any  measure.  The 
whole  number  of  votes  cast  for  justice  of  the  supreme  court  at  the 
regular  election  last  preceding  the  filing  of  any  petition  for  the  initi- 
ative or  for  the  referendum  shall  be  the  basis  on  which  the  number  of 
legal  voters  necessary  to  sign  such  petition  shall  be  counted.  Peti- 
tions and  orders  for  the  initiative  and  for  the  referendum  shall  be 
filed  with  the  secretary  of  state,  and  in  submitting  the  same  to  the 
people  he,  and  all  other  officers,  shall  be  guided  by  the  general  laws 
and  the  act  submitting  this  amendment,  until  legislation  shall  be 
especially  provided  therefor." 

(June  4,  1906) 

Article  IV  of  the  Constitution  of  the  State  of  Oregon  shall  be,  and 
hereby  is,  amended  by  inserting  the  following  section  in  said  article 
IV  after  section  1,  and  before  section  2,  and  it  shall  be  designated 
in  the  Constitution  as  section  la  of  article  IV : 

"  Section  \a.  The  referendum  may  be  demanded  by  the  people 
against  one  or  more  items,  sections,  or  parts  of  any  act  of  the  legis- 
lative assembly  in  the  same  manner  in  which  such  power  may  be 
exercised  against  a  complete  act.  The  filing  of  a  referendum  peti- 
tion against  one  or  more  items,  sections,  or  parts  of  an  act  shall  not 
delay  the  remainder  of  that  act  from  becoming  operative.  The 
initiative  and  referendum  powers  reserved  to  the  people  by  this 
Constitution  are  hereby  further  reserved  to  the  legal  voters  of  every 
municipality  and  district,  as  to  all  local,  special,  and  municipal 
legislation,  of  every  character,  in  or  for  their  respective  municipali- 
ties and  districts.  The  manner  of  exercising  said  powers  shall  be 
prescribed  by  general  laws,  except  that  cities  and  towns  may  provide 
for  the  manner  of  exercising  the  initiative  and  referendum  powers 
as  to  their  municipal  legislation.    Not  more  than  ten  per  cent  of 


3020  Oregon— 1857 

the  legal  voters  may  be  required  to  order  the  referendum  nor  more 
than  fifteen  per  cent  to  propose  any  measure,  by  the  initiative,  in 
any  city  or  town." 

Sections  1  and  2  of  article  XVII  of  the  Constitution  of  the  State 
of  Oregon  shall  be,  and  hereby  are,  amended  to  read  as  follows: 

"  Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  either  branch  of  the  legislative  assembly,  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  all  the  members  elected 
to  each  of  the  tAvo  houses,  such  proposed  amendment  or  amendments 
shall,  with  the  yeas  and  nays  thereon,  be  entered  in  tlieir  journals 
and  referred  by  the  Secretary  of  State  to  the  people  for  their  ap- 
proval or  rejection,  at  the  next  regular  general  election,  except  when 
the  legislative  assembly  shall  order  a  special  election  for  that  pur- 
pose. If  a  majority  of  the  electors  voting  on  any  such  amendment 
shall  vote  in  favor  thereof,  it  shall  thereby  become  a  part  of  this 
Constitution.  The  votes  for  and  against  such  amendment  or  amend- 
ments, severally,  whether  proposed  by  the  legislative  assembly  or 
by  initiative  petition,  shall  be  canvassed  by  the  Secretary  of  State 
in  the  presence  of  the  Governor,  and  if  it  shall  appear  to  the  Gov- 
ernor that  the  majority  of  the  votes  cast  at  said  election  on  said 
amendment  or  amendments,  severally,  are  cast  in  favor  thereof,  it 
shall  be  his  duty  forthwith  after  such  canvass,  by  his  proclamation, 
to  declare  the  said  amendment  or  amendments,  severally,  having 
received  said  majority  of  votes  to  have  been  adopted  by  the  people 
of  Oregon  as  part  of  the  Constitution  thereof,  and  the  same  shall 
be  in  effect  as  a  part  of  the  Constitution  from  the  date  of  such 
proclamation.  When  two  or  more  amendments  shall  be  submitted 
in  the  manner  aforesaid  to  the  voters  of  this  State,  at  the  same  elec- 
tion, they  shall  be  so  submitted  that  each  amendment  shall  be  voted 
on  separately.  No  convention  shall  be  called  to  amend  or  propose 
amendments  to  this  Constitution,  or  to  propose  a  neAV  Constitution, 
unless  the  law  providing  for  such  convention  shall  first  be  approved 
by  the  people  on  a  referendum  vote  at  a  regular  general  election. 
This  article  shall  not  be  construed  to  impair  the  right  of  the  people 
to  amend  this  Constitution  by  vote  upon  an  initiative  petition 
therefor." 

Section  2  of  article  XI  of  the  Constitution  of  the  State  of  Oregon 
shall  be,  and  the  same  is,  hereby  amended  to  read  as  follows : 

"  Sec.  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  the  legislative  assembly  by  special  laws.  The 
legislative  assembly  shall  not  enact,  amend,  or  repeal  any  charter  or 
act  of  incorporation  for  any  municipality,  city,  or  town.  The  legal 
voters  of  every  city  and  town  are  hereby  granted  power  to  enact  and 
amend  their  municipal  charter,  subject  to  the  constitution  and 
criminal  laws  of  the  State  of  Oregon." 

Section  1  of  article  XII  of  the  Constitution  of  the  State  of  Oregon 
shall  be,  and  hereby  is,  amended  to  read  as  follows : 

"  Section  1.  Laws  may  be  enacted  providing  for  the  state  printing 
and  binding,  and  for  the  election  or  appointment  of  a  State  Printer, 
who  shall  have  had  not  less  than  ten  years'  experience  in  the  art  of 
printing.  The  State  Printer  shall  receive  such  compensation  as  may 
from  time  to  time  be  provided  by  law.  Until  such  laws  shall  be  en- 
acted the  State  Printer  shall  be  elected  and  the  printing  done  as 
heretofore  provided  by  this  constitution  and  the  general  laws." 


PANAMA  CANAL  ZONE 

ACT  PROVIDING  FOR  CONSTRUCTION  OF  ISTHMIAN  CANAL,  1902 

[Fifty-seventh  Congress,  First  Session] 

An  Act  to  provide  for  the  construction  of  a  canal  connecting  the  waters  of  the 
Atlantic  and  Pacific  oceans 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  asseinhled^  That  the  Presi- 
dent of  the  United  States  is  hereby  authorized  to  acquire,  for  and 
on  behalf  of  the  United  States,  at  a  cost  not  exceeding  forty  mil- 
lions of  dollars,  the  rights,  privileges,  franchises,  concessions,  grants 
of  land,  right  of  way,  unfinished  work,  plants,  and  other  property, 
real,  personal,  and  mixed,  of  every  name  and  nature,  owned  by  the 
New  Panama  Canal  Company,  of  France,  on  the  Isthmus  of  Panama, 
and  all  its  maps,  plans,  drawings,  records  on  the  Isthmus  of  Panama 
and  in  Paris,  including  all  the  capital  stock,  not  less,  however,  than 
sixty-eight  thousand  eight  hundred  and  sixty-three  shares  of  the 
Panama  Railroad  Company,  owned  by  or  held  for  the  use  of  said 
canal  company,  provided  a  satisfactory  title  to  all  of  said  property 
can  be  obtained. 

Sec.  2.  That  the  President  is  hereby  authorized  to  acquire  from 
the  Republic  of  Colombia,  for  and  on  behalf  of  the  United  States, 
upon  such  terms  as  he  may  deem  reasonable,  perpetual  control  of  a 
strip  of  land,  the  territory  of  the  Republic  of  Colombia,  not  less 
than  six  miles  in  width,  extending  from  the  Caribbean  Sea  to  the 
Pacific  Ocean,  and  the  right  to  use  and  dispose  of  the  waters  thereon, 
and  to  excavate,  construct,  and  to  perpetually  maintain,  operate,  and 
protect  thereon  a  canal,  of  such  depth  and  capacity  as  will  afford 
convenient  passage  of  ships  of  the  greatest  tonnage  and  draft  now  in 
use,  from  the  Caribbean  Sea  to  the  Pacific  Ocean,  which  control  shall 
include  the  right  to  perpetually  maintain  and  operate  the  Panama 
Railroad,  if  the  ownership  thereof,  or  a  controlling  interest  therein, 
shall  have  been  acquired  hy  the  United  States,  and  also  jurisdiction 
over  said  strip  and  the  ports  at  the  ends  thereof  to  make  such  police 
and  sanitary  rules  and  regulations  as  shall  be  necessary  to  preserve 
order  and  preserve  the  public  health  thereon,  and  to  establish  such 
judicial  tribunals  as  may  be  agreed  upon  thereon  as  may  be  necessary 
to  enforce  such  rules  and  regulations. 

The  President  may  acquire  such  additional  territory  and  rights 
from  Colombia  as  in  his  judgment  will  facilitate  the  general  purpose 
hereof. 

Sec.  3.  That  when  the  President  shall  have  arranged  to  secure  a 
satisfactory  title  to  the  property  of  the  New  Panama  Canal  Company, 

3021 


3022  Panama  Canal  Zone— 190^ 

as  provided  in  section  one  hereof,  and  shall  have  obtained  by  treaty 
control  of  the  necessary  territory  from  the  Republic  of  Colombia,  as 
provided  in  section  two  hereof,  he  is  authorized  to  pay  for  the  prop- 
erty of  the  New  Panama  Canal  Company  forty  millions  of  dolalrs  and 
to  the  Republic  of  Colombia  such  sum  as  shall  have  been  agreed  upon, 
and  a  sum  sufficient  for  both  said  purposes  is  hereby  appropriated,  out 
of  any  money  in  the  Treasury  not  otherwise  appropriated,  to  be  paid 
on  w^arrant  or  w arrants  drawn  by  the  President. 

The  President  shall  then  through  the  Isthmian  Canal  Commission 
hereinafter  authorized  cause  to  be  excavated,  constructed,  and  com- 
pleted, utilizing  to  that  end  as  far  as  practicable  the  w^ork  heretofore 
done  by  the  New  Panama  Canal  Company,  of  France,  and  its  pred- 
ecessor company,  a  ship  canal  from  the  Caribbean  Sea  to  the  Pacific 
Ocean.  Such  canal  shall  be  of  sufficient  capacity  and  depth  as  shall 
afford  convenient  passage  for  vessels  of  the  largest  tonnage  and  great- 
est draft  now  in  use,  and  such  as  may  be  reasonably  anticipated,  and 
shall  be  supplied  with  all  necessary  locks  and  other  appliances  to  meet 
the  necessities  of  vessels  passing  through  the  same  from  ocean  to 
ocean;  and  he  shall  also  cause  to  be  constructed  such  safe  and  com- 
modious harbors  at  the  termini  of  said  canal,  and  make  such  pro- 
visions for  defense  as  may  be  necessary  for  the  safety  and  protection 
of  said  canal  and  harbors.  That  the  President  is  authorized  for  the 
purposes  aforesaid  to  employ  such  persons  as  he  may  deem  necessary, 
and  to  fix  their  compensation. 

Sec.  4.  That  should  the  President  be  unable  to  obtain  for  the 
United  States  a  satisfactory  title  to  the  property  of  the  New  Panama 
Canal  Company  and  the  control  of  the  necessary  territory  of  the  Re- 
public of  Colombia  and  the  rights  mentioned  in  sections  one  and  two 
of  this  Act,  within  a  reasonable  time  and  upon  reasonable  terms,  then 
the  President,  having  first  obtained  for  the  United  States  perpetual 
control  by  treaty  of  the  necessary  territory  from  Costa  Rica  and  Nic- 
aragua, upon  terms  which  he  may  consider  reasonable,  for  the  con- 
struction, perpetual  maintenance,  operation,  and  protection  of  a 
canal  connecting  the  Caribbean  Sea  with  the  Pacific  Ocean  by  w^hat 
is  commonly  known  as  the  Nicarague  route,  shall  through  the  said 
Isthmian  Canal  Commission  cause  to  be  excavated  and  constructed  a 
ship  canal  and  waterway  from  a  point  on  the  shore  of  the  Caribbean 
Sea  near  Greytown,  by  way  of  Lake  Nicaragua,  to  a  point  near  Brito 
on  the  Pacific  Ocean.  Said  canal  shall  be  of  sufficient  capacity  and 
depth  to  afford  convenient  passage  for  vessels  of  the  largest  tonnage 
and  greatest  draft  now  in  use,  and  such  as  may  be  reasonably  antici- 
pated, and  shall  be  supplied  with  all  necessary  locks  and  other  appli- 
ances to  meet  the  necessities  of  vessels  passing  through  the  same  from 
ocean  to  ocean;  and  he  shall  also  construct  such  safe  and  commodi- 
ous harbors  at  the  termini  of  said  canal  as  shall  be  necessary  for  the 
safe  and  convenient  use  thereof,  and  shall  make  such  provisions  for 
defense  as  may  be  necessary  for  the  safety  and  protection  of  said  har- 
bors and  canal ;  and  such  sum  or  sums  of  money  as  may  be  agreed 
upon  by  such  treaty  as  compensation  to  be  paid  to  Nicaragua  and 
CQsta  Rica  for  the  concessions  and  rights  hereunder  provided  to  be 
acquired  by  the  United  States,  are  hereby  appro'priated,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  to  be  paid  on 
warrant  or  w^arrants  drawn  by  the  President. 


Panama  Canal  Zone— 1902  3023 

The  President  shall  cause  the  said  Isthmian  Canal  Commission  to 
make  such  surveys  as  may  be  necessary  for  said  canal  and  harBors 
to  be  made,  and  in  making  such  surveys  and  in  the  construction  of 
said  canal  may  employ  such  persons  as  he  may  deem  necessary, "and 
may  fix  their  compensation. 

In  the  excavation  and  construction  of  said  canal  the  San  Juan 
River  and  Lake  Nicaragua,  or  such  parts  of  each  as  may  be  made 
available,  shall  be  used. 

Sec.  5.  That  the  sum  of  ten  million  dollars  is  hereby  appropriated, 
out  of  any  money  in  the  Treasury  not  otherwise  appropriated,  toward 
the  project  herein  contemplated  by  either  route  so  selected. 

And  the  President  is  hereby  authorized  to  cause  to  be  entered 
into  such  contract  or  contracts  as  may  be  deemed  necessary  for  the 
proper  excavation,  construction,  completion,  and  defense  of  said 
canal,  harbors,  and  defenses,  by  the  route  finally  determined  upon 
under  the  provisions  of  this  Act.  Appropriations  therefor  shall  from 
time  to  time  be  hereafter  made,  not  to  exceed  in  the  aggregate  the 
additional  sum  of  one  hundred  and  thirty-five  millions  of  dollars 
should  the  Panama  route  be  adopted,  or  one  hundred  and  eighty 
millions  of  dollars  should  the  Nicaragua  route  be  adopted. 

Sec.  0.  That  in  any  agreement  with  the  Republic  of  Colombia,  or 
with  the  States  of  Nicaragua  and  Costa  Rica,  the  President  is 
authorized  to  guarantee  to  said  Republic  or  to  said  States  the  use  of 
said  canal  and  harbors,  upon  such  terms  as  may  be  agreed  upon,  for 
all  vessels  owned  by  said  States  or  by  citizens  thereof. 

Sec.  T.  That  to  enable  the  President  to  construct  the  canal  and 
works  appurtenant  thereto  as  provided  in  this  Act,  there  is  hereby 
created  the  Isthmian  Canal  Commission,  the  same  to  be  composed  of 
seven  members,  who  shall  be  nominated  and  appointed  by  the  Presi- 
dent, by  and  with  the  advice  and  consent  of  the  Senate,  and  who  shall 
serve  until  the  completion  of  said  canal  unless  sooner  removed  by  the 
President,  and  one  of  whom  shall  be  named  as  the  chairman  of  said 
Commission.  Of  the  seven  members  of  said  Commission  at  least 
four  of  them  shall  be  persons  learned  and  skilled  in  the  science  of 
engineering,  and  of  the  four  at  least  one  shall  be  an  officer  of  the 
United  States  Army,  and  at  least  one  other  shall  be  an  officer  of  the 
United  States  Navy,  the  said  officers  respectively  being  either  upon 
the  active  or  the  retired  list  of  the  Army  or  of  the  Navy.  Said  com- 
missioners shall  each  receive  such  compensation  as  the  President  shall 
prescribe  until  the  same  shall  have  been  otherwise  fixed  by  the  Con- 
gress. In  addition  to  the  members  of  said  Isthmian  Canal  Com- 
mission, the  President  is  hereby  authorized  through  said  Commission 
to  employ  in  said  service  any  of  the  engineers  of  the  United  States 
Army  at  his  discretion,  and  likewise  to  employ  any  engineers  in  civil 
life,  at  his  discretion,  and  any  other  persons  necessary  for  the  proper 
and  expeditious  prosecution  of  said  work.  The  compensation  of  all 
such  engineers  and  other  persons  employed  under  this  Act  shall  be 
fixed  by  said  Commission,  subject  to  the  approval  of  the  President. 
The  official  salary  of  any  officer  appointed  or  employed  under  this 
Act  shaiU  be  deducted  from  the  amount  of  salary  or  compensation 
provided  b}^  or  which  shall  be  fixed  under  the  terms  of  this  Act. 
Said  Commission  shall  in  all  matters  be  subject  to  the  direction  and 
control  of  the  President,  and  shall  make  to  the  President  annually 
and  at  such  other  periods  as  may  be  required,  either  by  law  or  by  the 


3024  Panama  Canal  Zone— 1902-1903 

order  of  the  President,  full  and  complete  reports  of  all  their  actings 
and  doings  and  of  all  moneys  received  and  expended  in  the  construc- 
tion of  said  work  and  in  the  performance  of  their  duties  in  connection 
therewith,  which  said  reports  shall  be  by  the  President  transmitted 
to  Congress.  And  the  said  Commission  shall  furthermore  give  to 
Congress,  or  either  House  of  Congress,  such  information  as  may  at 
any  time  be  required  either  by  Act  of  Congress  or  by  the  order  of 
either  House  of  Congress.  The  President  shall  cause  to  be  provided 
and  assigned  for  the  use  of  the  Commission  such  offices  as  may,  with 
the  suitable  equipment  of  the  same,  be  necessary  and  proper,  in  his 
discretion,  for  the  proper  discharge  of  the  duties  thereof. 

Sec.  8.  That  the  Secretary  of  the  Treasurv  is  hereby  authorized  to 
borrow  on  the  credit  of  the  United  States  from  time  to  time,  as  the 
proceeds  may  be  required  to  defray  expenditures  authorized  by  this 
Act  (such  proceeds  when  received  to  be  used  only  for  the  purpose  of 
meeting  such  expenditures),  the  sum  of  one  hundred  and  thirty  mil- 
lion dollars,  or  so  much  thereof  as  may  be  necessary,  and  to  prepare 
and  issue  therefor  coupon  or  registered  bonds  of  the  United  States  in 
such  form  as  he  may  prescribe,  and  in  denominations  of  twenty  dol- 
lars or  some  multiple  of  that  sum,  redeemable  in  gold  coin  at  the 
pleasure  of  the  United  States  after  ten  years  from  the  date  of  their 
issue,  and  payable  thirty  years  from  such  date,  and  bearing  interest 
payable  quarterly  in  gold  coin  at  the  rate  of  two  per  centum  per 
annum;  and  the  bonds  herein  authorized  shall  be  exempt  from  all 
taxes  or  duties  of  the  United  States,  as  well  as  from  taxation  in  any 
form  by  or  under  State,  municipal,  or  local  authority:  Provided, 
That  said  bonds  may  be  disposed  of  by  the  Secretary  of  the  Treasury 
at  not  less  than  par,  under  such  regulations  as  he  may  prescribe,  giv- 
ing to  all  citizens  of  the  United  States  an  equal  ojoportunity  to  sub- 
scribe therefor,  but  no  commissions  shall  be  allowed  or  paid  thereon ; 
and  a  sum  not  exceeding  one-tenth  of  one  per  centum  of  the  amount 
of  the  bonds  herein  authorized  is  hereby  appropriated,  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated,  to  pay  the 
expense  of  preparing,  advertising,  and  issuing  the  same. 

Approved,  June  28,  1902. 


ISTHMIAN  CANAL  CONVENTION— 1903  ° 

Convention  between  the  United  States  and  the  Republic  of  Panama 
for  the  construction  of  a  ship  canal  to  connect  the  waters  of  the 
Atlantic  and  Pacific  oceans.  Signed  at  Washington,  November  18, 
1903 ;  ratification  advised  by  the  Senate,  February  23,  1904 ;  rati- 
fied by  the  President,  February  25,  1904;  ratified  by  Panama,  De- 
cember 2,  1903;  ratifications  exchanged  at  Washington,  Februarv 
26,1904;  proclaimed,  February  26,  1904. 

The  United  States  of  America  and  the  Republic  of  Panama  being 
desirous  to  insure  the  construction  of  a  ship  canal  across  the  Isthmus 

a  In  this  connection  the  following  resolutions  are  interesting:  To  extend  aid 
to  United  States  citizens  in  surveying  for  a  canal  across  the  Isthmus  of.Darien, 
resolutfon  of  February  25,  1867;  to  fix  upon  terms  by  which  a  right  of  way 
across  the  Isthmus  might  be  obtained  by  the  United  States  Government,  resolu- 
tion of  March  2,  1867. 


^  Panama  Canal  Zone— 1903  3025 

of  Panama  to  connect  the  Atlantic  and  Pacific  oceans,  and  the  Con- 
gress of  the  United  States  of  America  having  passed  an  act  approved 
June  28,  1902,  in  furtherance  of  that  object,  by  which  the  President 
of  the  United  States  is  authorized  to  acquire  within  a  reasonable  time 
the  control  of  the  necessary  territory  of  the  Republic  of  Colombia, 
and  the  sovereignty  of  such  territory  being  actually  vested  in  the 
Republic  of  Panama,  the  high  contracting  parties  have  resolved  for 
that  purpose  to  conclude  a  convention  and  have .  accordingly  ap- 
pointed as  their  plenipotentiaries, 

The  President  of  the  United  States  of  America,  John  Hay,  Secre- 
tary of  State,  and 

The  Government  of  the  Republic  of  Panama,  Philippe  Bunau- 
Yarilla,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
Republic  of  Panama,  thereunto  specially  empowered  by  said  govern- 
ment, who  after  communicating  with  each  other  their  respective  full 
powers,  found  to  be  in  good  and  due  form,  have  agreed  upon  and 
concluded  the  following  articles: 

Article  I 

The  United  States  guarantees  and  will  maintain  the  independence 
of  the  Republic  of  Panama. 

Article  II 

The  Republic  of  Panama  grants  to  the  United  States  in  perpetuity 
the  use,  occupation  and  control  of  a  zone  of  land  and  land  under 
water  for  the  construction,  maintenance,  operation,  sanitation  and 
protection  of  said  Canal  of  the  width  of  ten  miles  extending  to  the 
distance  of  five  miles  on  each  side  of  the  center  line  of  the  route  of 
the  Canal  to  be  constructed ;  the  said  zone  beginning  in  the  Caribbean 
Sea  three  marine  miles  from  mean  low  water  mark  and  extending  to 
and  across  the  Isthmus  of  Panama  into  the  Pacific  ocean  to  a  distance 
of  three  marine  miles  from  mean  low  water  mark  with  the  proviso 
that  the  cities  of  Panama  and  Colon  and  the  harbors  adjacent  to  said 
cities,  which  are  included  within  the  boundaries  of  the  zone  above 
described,  shall  not  be  included  within  this  grant.  The  Republic  of 
Panama  further  grants  to  the  United  States  in  perpetuity  the  use, 
occupation  and  control  of  any  other  lands  and  waters  outside  of  the 
zone  above  described  which  may  be  necessary  and  convenient  for  the 
construction,  maintenance,  operation,  sanitation  and  protection  of  the 
said  Canal  or  of  any  auxiliary  canals  or  other  works  necessary  and 
convenient  for  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  the  said  enterprise. 

The  Republic  of  Panama  further  grants  in  like  manner  to  the 
United  States  in  perpetuity  all  islands  within  the  limits  of  the  zone 
above  described  and  in  addition  thereto  the  group  of  small  islands  in 
the  Bay  of  Panama,  named  Perico,  Naos,  Culebra  and  Flamenco. 

Article  III 

The  Republic  of  Panama  grants  to  the  United  States  all  the  rights, 
power  and  authority  within  the  zone  mentioned  and  described  in 
Article  II  of  this  agreement  and  within  the  limits  of  all  auxiliary 


3026         Panama  Canal  Zone— 1903 

lands  and  waters  mentioned  and  described  in  said  Article  II  which 
the  United  States  would  possess  and  exercise  if  it  were  the  sovereign 
of  the  territory  within  which  said  lands  and  waters  are  located  to  the 
entire  exclusion  of  the  exercise  by  the  Republic  of  Panama  of  any 
such  sovereign  rights,  power  or  authority. 

Article  IV 

As  rights  subsidiary  to  the  above  grants  the  Republic  of  Panama 
grants  in  perpetuity  to  the  United  States  the  right  to  use  the  rivers, 
streams,  lakes  and  other  bodies  of  water  within  its  limits  for  naviga- 
tion, the  supply  of  water  or  water-power  or  other  purposes,  so  far  as 
the  use  of  said  rivers,  streams,  lakes  and  bodies  of  water  and  the 
waters  thereof  may  be  necessary  and  convenient  for  the  construction, 
maintenance,  operation,  sanitation  and  protection  of  the  said  Canal. 

Article  V 

The  Republic  of  Panama  grants  to  the  United  States  in  perpetuity 
a  monopoly  for  the  construction,  maintenance  and  operation  of  any 
system  of  communication  by  means  of  canal  or  railroad  across  its 
territory  between  the  Caribbean  Sea  and  the  Pacific  ocean. 

Article  VI 

The  grants  herein  contained  shall  in  no  manner  invalidate  the  titles 
or  rights  of  private  land  holders  or  owners  of  private  property  in  the 
said  zone  or  in  or  to  any  of  the  lands  or  waters  granted  to  the  United 
States  by  the  provisions  of  any  Article  of  this  treaty,  nor  shall  they 
interfere  with  the  rights  of  way  over  the  public  roads  passing  through 
the  said  zone  or  over  any  of  the  said  lands  or  waters  unless  said  rights 
of  way  or  private  rights  shall  conflict  with  rights  herein  granted  to 
the  United  States  in  Avhich  case  the  rights  of  the  United  States  shall 
be  superior.  All  damages  caused  to  the  owners  of  private  lands  or 
private  property  of  any  kind  by  reason  of  the  grants  contained  in  this 
treaty  or  by  reason  of  the  operations  of  the  United  States,  its  agents 
or  employees,  or  by  reason  of  the  construction,  maintenance,  opera- 
tion, sanitation  and  protection  of  the  said  Canal  or  of  the  works  of 
sanitation  and  protection  herein  provided  for,  shall  be  appraised  and 
settled  by  a  joint  Commission  appointed  by  the  Governments  of  the 
United  States  and  the  Republic  of  Panama,  whose  decisions  as  to  such 
damages  shall  be  final  and  whose  aw^ards  as  to  such  damages  shall  be 
paid  solely  by  the  United  States.  No  part  of  the  work  on  said  Canal 
or  the  Panama  railroad  or  on  any  auxiliary  works  relating  thereto 
and  authorized  by  the  terms  of  this  treaty  shall  be  prevented,  delayed 
or  impeded  by  or  pending  such  proceedings  to  ascertain  such  damages. 
The  appraisal  of  said  private  lands  and  private  property  and  the 
assessment  of  damages  to  them  shall  be  based  upon  their  value  before 
the  date  of  this  convention. 

Article  VII 

The  Republic  of  Panama  grants  to  the  United  States  within  the 
limits  of  the  cities  of  Panama  and  Colon  and  their  adjacent  harbors 


Panama  Canal  Zone— 1903  3027 

and  within  the  territory  adjacent  thereto  the  right  to  acquire  by  pur- 
chase or  by  the  exercise  of  the  right  of  eminent  domain,  any  lands, 
buildings,  water  rights  or  other  properties  necessary  and  convenient 
for  the  construction,  maintenance,  operation  and  protection  of  the 
Canal  and  of  any  works  of  sanitation,  such  as  the  collection  and  dis- 
position of  sewage  and  the  distribution  of  water  in  the  said  cities  of 
Panama  and  Colon,  which,  in  the  discretion  of  the  United  States  may 
be  necessary  and  convenient  for  the  construction,  maintenance,  opera- 
tion, sanitation  and  protection  of  the  said  Canal  and  railroad.  All 
such  works  of  sanitation,  collection  and  disposition  of  sewage  and  dis- 
tribution of  water  in  the  cities  of  Panama  and  Colon  shall  be  made  at 
the  expense  of  the  United  States,  and  the  Government  of  the  United 
States,  its  agents  or  nominees  shall  be  authorized  to  impose  and  collect 
water  rates  and  sewerage  rates  which  shall  be  sufficient  to  provide  for 
the  payment  of  interest  and  the  amortization  of  the  principal  of  the 
cost  of  said  works  within  a  period  of  fifty  years  and  upon  the  expira- 
tion of  said  term  of  fifty  years  the  system  of  sewers  and  w^ater  works 
shall  revert  to  and  become  the  properties  of  the  cities  of  Panama  and 
Colon  respectively,  and  the  use  of  the  water  shall  be  free  to  the  inhab- 
itants of  Panama  and  Colon,  except  to  the  extent  that  water  rates 
may  be  necessary  for  the  operation  and  maintenance  of  said  system  of 
sewers  and  water. 

The  Republic  of  Panama  agrees  that  the  cities  of  Panama  and 
Colon  shall  comply  in  perpetuity  with  the  sanitary  ordinances  Avhether 
of  a  preventive  or  curative  character  prescribed  by  the  United  States 
and  in  case  the  Government  of  Panama  is  unable  or  fails  in  its  duty 
to  enforce  this  compliance  by  the  cities  of  Panama  and  Colon  with  the 
sanitary  ordinances  of  the  United  States  the  Republic  of  Panama 
grants  to  the  United  States  the  right  and  authority  to  enforce  the 
same. 

The  same  right  and  authority  are  granted  to  the  United  States  for 
the  maintenance  of  public  order  in  the  cities  of  Panama  and  Colon 
and  the  territories  and  harbors  adjacent  thereto  in  case  the  Republic 
of  Panama  should  not  be,  in  the  judgment  of  the  United  States,  able 
to  maintain  such  order. 

Article  VIII 

The  Republic  of  Panama  grants  to  the  United  States  all  rights 
which  it  now  has  or  hereafter  may  acquire  to  the  property  of  the  New 
Panama  Canal  Company  and  the  Panama  Railroad  Company  as  a 
result  of  the  transfer  of  sovereignty  from  the  Republic  of  Colombia 
to  the  Republic  of  Panama  over  the  Isthmus  of  Panama  and  author- 
izes the  New  Panama  Canal  Company  to  sell  and  transfer  to  the 
United  States  its  rights,  privileges,  properties  and  concessions  as  well 
as  the  Panama  Railroad  and  all  the  shares  or  part  of  the  shares  of 
that  company;  but  the  public  lands  situated  outside  of  the  zone 
described  in  Article  II  of  this  treaty  now  included  in  the  concessions 
to  both  said  enterprises  and  not  required  in  the  construction  or  opera- 
tion of  the  Canal  shall  revert  to  the  Republic  of  Panama  except  any 
property  now  owned  by  or  in  possession  of  said  companies  within 
Panama  or  Colon  or  the  ports  or  terminals  thereof. 

7254— VOL  5—09 32 


3028  Panama  Canal  Zone— 1903 

Article  IX 

The  United  States  agrees  that  the  ports  at  either  entrance  of  the 
Canal  and  the  waters  thereof,  and  the  Republic  of  Panama  agrees 
that  the  towns  of  Panama  and  Colon  shall  be  free  for  all  time  so  that 
there  shall  not  be  imposed  or  collected  custom  house  tolls,  tonnage, 
anchorage,  lighthouse,  wharf,  pilot,  or  quarantine  dues  or  any  other 
charges  or  taxes  of  any  kind  upon  any  vessel  using  or  passing  through 
the  Canal  or  belonging  to  or  employed  by  the  United  States,  directly 
or  indirectly,  in  connection  with  the  construction,  maintenance,  opera- 
tion, sanitation  and  protection  of  the  main  Canal,  or  auxiliary  works, 
or  upon  the  cargo,  officers,  crew,  or  passengers  of  any  such  vessels, 
except  such  tolls  and  charges  as  may  be  imposed  by  the  United  States 
for  the  use  of  the  Canal  and  other  works,  and  except  tolls  and  charges 
imposed  by  the  Republic  of  Panama  upon  merchandise  destined  to 
be  introduced  for  the  consumption  of  the  rest  of  the  Republic  of 
Panama,  and  upon  vessels  touching  at  the  ports  of  Colon  and  Panama 
and  which  do  not  cross  the  Canal. 

The  Government  of  the  Republic  of  Panama  shall  have  the  right  to 
establish  in  such  ports  and  in  the  towns  of  Panama  and  Colon  such 
houses  and  guards  as  it  may  deem  necessary  to  collect  duties  on  im- 
portations destined  to  other  portions  of  Panama  and  to  prevent  con- 
traband trade.  The  United  States  shall  have  the  right  to  make  use 
of  the  towns  and  harbors  of  Panama  and  Colon  as  places  of  anchor- 
age, and  for  making  repairs,  for  loading,  unloading,  depositing,  or 
transshipping  cargoes  either  in  transit  or  destined  for  the  service  of 
the  Canal  and  for  other  works  pertaining  to  the  Canal. 

Article  X 

The  Republic  of  Panama  agrees  that  there  shall  not  be  imposed 
any  taxes,  national,  municipal,  departmental,  or  of  any  other  class, 
upon  the  Canal,  the  railways  and  auxiliary  w^orks,  tugs  and  other 
vessels  employed  in  the  service  of  the  Canal,  store  houses,  w^ork  shops, 
offices,  quarters  for  laborers,  factories  of  all  kinds,  warehouses, 
wharves,  machinery  and  other  w^orks,  property,  and  effects  appertain- 
ing to  the  Canal  or  railroad  and  auxiliary  works,  or  their  officers  or 
employees,  situated  within  the  cities  of  Panama  and  Colon,  and  that 
there  shall  not  be  imposed  contributions  or  charges  of  a  personal  char- 
acter of  any  kind  upon  officers,  employees,  laborers,  and  other  individ- 
uals in  the  service  of  the  Canal  and  railroad  and  auxiliary  w  orks. 

Article  XI 

The  United  States  agrees  that  the  official  dispatches  of  the  Govern- 
ment of  the  Republic  of  Panama  shall  be  transmitted  over  any  tele- 
graph and  telephone  lines  established  for  canal  purposes  and  used  for 
public  and  private  business  at  rates  not  higher  than  those  required 
from  officials  in  the  service  of  the  United  States. 

Article  XII 

The  Government  of  the  Republic  of  Panama  shall  permit  the  immi- 
gration and  free  access  to  the  lands  and  workshops  of  the  Canal  and 
its  auxiliary  works  of  all  employees  and  workmen  of  whatever  nation- 


Panama  Canal  Zone— 1903  3029 

ality  under  contract  to  work  upon  or  seeking  employment  upon  or  in 
any  wise  connected  with  the  said  Canal  and  its  auxiliary  works,  with 
their  respective  families,  and  all  such  persons  shall  be  free  and  exempt 
from  the  military  service  of  the  Republic  of  Panama. 

Article  XIII 

The  United  States  may  import  at  any  time  into  the  said  zone  and 
auxiliary  lands,  free  of  custom  duties,  imposts,  taxes,  or  other  charges, 
and  without  any  restrictions,  any  and  all  vessels,  dredges,  engines, 
cars,  machinery,  tools,  explosives,  materials,  supplies,  and  other  arti- 
cles necessary  and  convenient  in  the  construction,  maintenance,  opera- 
tion, sanitation  and  protection  of  the  Canal  and  auxiliary  works,  and 
all  provisions,  medicines,  clotliing,  supplies  and  other  things  necessary 
and  convenient  for  the  officers,  employees,  workmen  and  laborers  in 
the  service  and  employ  of  the  United  States  and  for  their  families. 
If  any  such  articles  are  disposed  of  for  use  outside  of  the  zone  and 
auxiliary  lands  granted  to  the  United  States  and  within  the  territory 
of  the  Republic,  they  shall  be  subject  to  the  same  import  or  other 
duties  as  like  articles  imported  under  the  laws  of  the  Republic  of 
Panama. 

Article  XIV 

As  the  price  or  compensation  for  the  rights,  powers  and  privileges 
granted  in  this  convention  by  the  Republic  of  Panama  to  the  United 
States,  the  Government  of  the  United  States  agrees  to  pay  to  the 
Republic  of  Panama  the  sum  of  ten  million  dollars  ($10,000,000)  in 
gold  coin  of  the  United  States  on  the  exchange  of  the  ratification  of 
this  convention  and  also  an  annual  payment  during  the  life  of  this 
convention  of  two  hundred  and  fifty  thousand  dollars  (§250,000)  in 
like  gold  coin,  beginning  nine  years  after  the  date  aforesaid. 

The  provisions  of  this  Article  shall  be  in  addition  to  all  other  bene- 
fits assured  to  the  Republic  of  Panama  under  this  convention. 

But  no  delay  or  difference  of  opinion  under  this  Article  or  any 
other  provisions  of  this  treaty  shall  affect  or  interrupt  the  full  opera- 
tion and  effect  of  this  convention  in  all  other  respects. 

Article  XV 

* 
The  joint  commission  referred  to  in  Article  VI  shall  be  established 
as  follows: 

The  President  of  the  United  States  shall  nominate  two  persons  and 
the  President  of  the  Republic  of  Panama  shall  nominate  two  persons 
and  they  shall  proceed  to  a  decision ;  but  in  case  of  disagreement  of 
the  Commission  (by  reason  of  their  being  equally  divided  in  conclu- 
sion) an  umpire  shall  be  appointed  by  the  two  Governments  who  shall 
render  the  decision.  In  the  event  of  the  death,  absence,  or  incapacity 
of  a  Commissioner  or  Umpire,  or  of  his  omitting,  declining  or  ceasing 
to  act,  his  place  shall  be  filled  by  the  appointment  of  another  person 
in  the  manner  above  indicated.  All  decisions  by  a  majority  of  the 
Commission  or  by  the  umpire  shall  be  final. 


3030  Panama  Canal  Zone— 1903 

Article  XVI 

The  two  Governments  shall  make  adequate  provision  hj  future 
agreement  for  the  pursuit,  capture,  imprisonment,  detention  and 
delivery  within  said  zone  and  auxiliary  lands  to  the  authorities  of  the 
Republic  of  Panama  of  persons  charged  with  the  commitment  of 
crimes,  felonies  or  misdemeanors  without  said  zone  and  for  the  pur- 
suit, capture,  imprisonment,  detention  and  delivery  without  said  zone 
to  the  authorities  of  the  United  States  of  persons  charged  with  the 
commitment  of  crimes,  felonies  and  misdemeanors  within  said  zone 
and  auxiliary  lands. 

Article  XYII 

The  Republic  of  Panama  grants  to  the  United  States  the  use  of  all 
the  ports  of  the  Republic  open  to  commerce  as  places  of  refuge  for  any 
vessels  employed  in  the  Canal  enterprise,  and  for  all  vessels  passing  or 
bound  to  pass  through  the  Canal  Avhich  may  be  in  distress  and  be 
driven  to  seek  refuge  in  said  ports.  Such  vessels  shall  be  exempt  from 
anchorage  and  tonnage  dues  on  the  part  of  the  Republic  of  Panama. 

Article  XVIII 

The  Canal,  when  constructed,  and  the  entrances  thereto  shall  be 
neutral  in  perpetuity,  and  shall  be  opened  upon  the  terms  provided 
for  by  Section  I  of  Article  three  of,  and  in  conformity  with  all  the 
stipulations  of,  the  treaty  entered  into  by  the  Governments  of  the 
United  States  and  Great  Britain  on  November  18,  1901. 

Article  XIX 

The  Government  of  the  Republic  of  Panama  shall  have  the  right  to 
transport  over  the  Canal  its  vessels  and  its  troops  and  munitions  of 
war  in  such  vessels  at  all  times  without  paying  charges  of  any  kind. 
The  exemption  is  to  be  extended  to  the  auxiliary  railway  for  the 
transportation  of  persons  in  the  service  of  the  Republic  of  Panama, 
or  of  the  police  force  charged  with  the  preservation  of  public  order 
outside  of  said  zone,  as  well  as  to  their  baggage,  munitions  of  war 
and  supplies. 

Article  XX 

If  by  virtue  of  any  existing  treaty  in  relation  to  the  territory  of  the 
Isthmus  of  Panama,  whereof  the  obligations  shall  descend  or  be 
assumed  hj  the  Republic  of  Panama,  there  may  be  any  privilege  or 
concession  in  favor  of  the  Government  or  the  citizens  and  subjects  of 
a  third  power  relative'  to  an  interoceanic  means  of  communication 
w^hich  in  any  of  its  terms  may  be  incompatible  with  the  terms  of  the 
present  convention,  the  Republic  of  Panama  agrees  to  cancel  or  mod- 
ify such  treaty  in  due  form,  for  which  purpose  it  shall  give  to  the 
said  third  power  the  requisite  notification  within  the  term  of  four 
months  from  the  date  of  the  present  convention,  and  in  case  the  exist- 
ing treaty  contains  no  clause  permitting  its  modifications  or  annul- 
ment, the  Republic  of  Panama  agrees  to  procure  its  modification  or 
annulment  in  such  form  that  there  shall  not  exist  any  conflict  with  the 
stipulations  of  the  present  convention. 


Panama  Canal  Zone— 1903  3031 

Article  XXI 

The  rights  and  privileges  granted  by  the  Kepublic  of  Panama  to 
the  United  States  in  the  preceding  Articles  are  understood  to  be  free 
of  all  anterior  debts,  liens,  trusts,  or  liabilities,  or  concessions  or  privi- 
leges to  other  Governments,  corporations,  syndicates  or  individuals, 
and  consequently,  if  there  should  arise  any  claims  on  account  of  the 
present  concessions  and  privileges  or  otherwise,  the  claimants  shall 
resort  to  the  Government  of  the  Republic  of  Panama  and  not  to  the 
United  States  for  any  indemnity  or  compromise  which  may  be 
required. 

Article  XXII 

The  Republic  of  Panama  renounces  and  grants  to  the  United  States 
the  participation  to  which  it  might  be  entitled  in  the  future  earnings 
of  the  Canal  under  Article  XV  of  the  concessionary  contract  with 
Lucien  N.  B.  Wyse  now  owned  by  the  New  Panama  Canal  Company 
and  any  and  all  other  rights  or  claims  of  a  pecuniary  nature  aris- 
ing under  or  relating  to  said  concession,  or  arising  under  or  relating 
to  the  concessions  to  the  Panama  Railroad  Company  or  any  exten- 
sion or  modification  thereof;  and  it  likewise  renounces,  confirms  and 
grants  to  the  United  States,  now  and  hereafter,  all  the  rights  and 
property  reserved  in  the  said  concessions  which  otherwise  would 
belong  to  Panama  at  or  before  the  expiration  of  the  terms  of  ninety- 
nine  years  of  the  concessions  granted  to  or  held  by  the  above  men- 
tioned party  and  companies,  and  all  right,  title  and  interest  which 
it  now  has  or  may  hereafter  have,  in  and  to  the  lands,  canal,  works, 
property  and  rights  held  by  the  said  companies  under  said  con- 
cessions or  otherwise,  and  acquired  or  to  be  acquired  by  the  United 
States  from  or  through  the  New  Panama  Canal  Company,  includ- 
ing any  property  and  rights  which  might  or  may  in  the  future  either 
by  lapse  of  time,  forfeiture  or  otherwise,  revert  to  the  Republic  of 
Panama  under  any  contracts  or  concessions,'  with  said  Wyse,  the 
Universal  Panama  Canal  Company,  the  Panama  Railroad  Company 
and  the  New  Panama  Canal  Company. 

The  aforesaid  rights  and  property  shall  be  and  are  free  and 
released  from  any  present  or  reversionary  interest  in  or  claims  of  Pan- 
ama and  the  title  of  the  United  States  thereto  upon  consummation 
of  the  contemplated  purchase  by  the  United  States  from  the  New 
Panama  Canal  Company,  shall  be  absolute,  so  far  as  concerns  the 
Republic  of  Panama,  excepting  always  the  rights  of  the  Republic 
specifically  secured  under  this  treaty. 

Article  XXIII 

If  it  should  become  necessary  at  any  time  to  employ  armed  forces 
for  the  safety  or  protection  of  the  Canal,  or  of  the  ships  that  make 
use  of  the  same,  or  the  railways  and  auxiliary  works,  the  United 
States  shall  have  the  right,  at  all  times  and  in  its  discretion,  to  use 
its  police  and  its  land  and  naval  forces  or  to  establish  fortifications 
for  these  purposes. 


3032  Panama  Canal  Zone— 1903-4 

Article  XXIV 

No  change  either  in  the  Government  or  in  the  laws  and  treaties  of 
the  Republic  of  Panama  shall,  without  the  consent  of  the  United 
States,  afi'ect  any  right  of  the  United  States  under  the  present  con- 
vention, or  under  any  treaty  stipulation  between  the  tAvo  countries 
that  now  exists  or  may  hereafter  exist  touching  the  subject  matter  of 
this  convention. 

If  the  Republic  of  Panama  shall  hereafter  enter  as  a  constituent 
into  any  other  Government  or  into  any  union  or  confederation  of 
states,  so  as  to  merge  her  sovereignty  or  independence  in  such  Gov- 
ernment, union  or  confederation,  the  rights  of  the  United  States 
under  this  convention  shall  not  be  in  any  respect  lessened  or  impaired. 

Article  XXV 

For  the  better  performance  of  the  engagements  of  this  convention 
and  to  the  end  of  the  efficient  protection  of  the  Canal  and  the  preser- 
vation of  its  neutrality,  the  Government  of  the  Republic  of  Panama 
will  sell  or  lease  to  the  United  States  lands  adequate  and  necessary  for 
naval  or  coaling  stations  on  the  Pacific  coast  and  on  the  western 
Caribbean  coast  of  the  Republic  at  certain  points  to  be  agreed  upon 
with  the  President  of  the  United  States. 

Article  XXVI 

This  convention  w^hen  signed  by  the  Plenipotentiaries  of  the  Con- 
tracting Parties  shall  be  ratified  by  the  respective  Governments  and 
the  ratifications  shall  bo  exclumged  at  Washington  at  the  earliest 
date  possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their 
respective  seals. 

Done  at  the  City  of  Washington  the  18th  day  of  November  in  the 
year  of  our  Lord  nineteen  hundred  and  three. 

John  Hay  [seal] 

P.  Bunau-Varilla     [seal] 


TEMPORARY  GOVERNMENT  OF  CANAL  ZONE— 1904 

[Fifty-eighth  Congress,  Second  Session] 

An  Act  to  provide  for  the  temporary  government  of  the  Canal  Zone  at 
Panama,  the  protection  of  the  canal  works,  and  for  other  purposes. 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assemhled^  That  the  President 
is  hereby  authorized,  upon  the  acquisition  of  the  property  of  the  New 
Panama  Canal  Company  and  the  payment  to  the  Republic  of 
Panama  of  the  ten  millions  of  dollars  provided  by  article  fourteen 
Panama  Canal  Company  and  the  payment  to  the  Republic  of 
the  ratifications  of  which  were  exchanged  on  the  twenty-sixth  day  of 
February,  nineteen  hundred  and  four,  to  be  paid  to  the  latter  Gov- 
ernment, to  take  possession  of  and  occupy  on  behalf  of  the  United 


Panama  Canal  Zone — 1904  3033 

States  the  zone  of  land  and  land  under  water  of  the  width  of  ten 
miles,  extending  to  the  distance  of  five  miles  on  each  side  of  the  center 
line  of  the  route  of  the  canal  to  be  constructed  thereon,  which  said 
zone  begins  in  the  Caribbean  Sea  three  marine  miles  from  mean  low- 
water  mark  and  extends  to  and  across  the  Isthmus  of  Panama  into 
the  Pacific  Ocean  to  the  distance  of  three  marine  miles  from  mean 
low-water  mark,  and  also  of  all  islands  within  said  zone,  and  in  addi- 
tion thereto  the  group  of  islands  in  the  Bay  of  Panama  named  Perico, 
Naos,  Culebra,  and  Flamenco,  and,  from  time  to  time,  of  any  lands 
and  waters  outside  of  said  zone  which  may  be  necessary  and  con- 
venient for  the  construction,  maintenance,  operation,  sanitation,  and 
protection  of  the  said  canal,  or  of  any  auxiliary  canals  or  other  works 
necessary  and  convenient  for  the  construction,  maintenance,  operation, 
sanitation,  and  protection  of  said  enterprise,  the  use,  occupation,  and 
control  whereof  were  granted  to  the  United  States  by  article  two  of 
said  reaty.  The  said  zone  is  hereinafter  referred  to  as  "  the  Canal 
Zone."  The  payment  of  the  ten  millions  of  dollars  provided  by  arti- 
cle fourteen  of  said  treaty  shall  be  made  in  lieu  of  the  indefinite 
appropriation  made  in  the  third  section  of  the  Act  of  June  twenty- 
eighth,  nineteen  hundred  and  two,  and  is  hereby  appropriated  for 
said  purposes. 

Sec.  2.  That  until  the  expiration  of  the  P^ifty-eighth  Congress, 
unless  provision  for  the  temporary  government  of  the  Canal  Zone  be 
sooner  made  by  Congress,  all  the  military,  civil,  and  judicial  powers 
as  well  as  the  power  to  make  all  rules  and  regulations  necessary  for 
the  government  of  the  Canal  Zone  and  all  the  rights,  powers,  and 
authority  granted  by  the  terms  of  said  treaty  to  the  United  States 
shall  be  vested  in  such  person  or  persons  and  shall  be  exercised  in  such 
manner  as  the  President  shall  direct  for  the  government  of  said 
Zone  and  maintaining  and  protecting  the  inhabitants  thereof  in  the 
free  enjoyment  of  their  liberty,  property,  and  religion. 

Approved,  April  28,  1904. 


PENNSYLVANIA 


For  organic  acts  relating  to  the  lands  now  included  within  Pennsylvania  see 
in  other  parts  of  this  work  : 

Charter  of  Virginia,  1606  (Virginia,  p.  3783). 
Council  of  New  England,  1620  (Massachusetts,  p.  1827). 
Dutch  West  India  Company,  1621  (p.  59). 
Charter  of  Maryland,  1632  (Maryland,  p.  1669). 
Charter  of  Connecticut,  1662  (Connecticut,  p.  529). 
Grant  to  the  Duke  of  York,  1664  (Maine,  p.  1637). 
Grant  to  the  Duke  of  York,  1674  (Maine,  p.  1641). 

ARTICLES  OF  THE  SWEDISH  SOUTH  COMPANY— 1626 « 

( See  the  "Argonautica  Gustaviana,"  printed  at  Frankfort-on-the-Main,  1633 ;  see 

Delaware,  p.  557.) 

CHARTER  FOR  THE  PROVINCE  OF  PENNSYLVANIA— 1681 » 

[Charles  the  Second  by  the  Grace  of  God  King  of  England,  Scot- 
land, France  and  Ireland  Defender  of  the  Faith  &c  To  our  Right 
Trusty  and  Welbeloved  Chancellor  Heneage  Lord  J'inch  our  Chan- 
cellor of  England  greeting  Wee  will  and  comand  you  that  under  our 
Great  Scale  of  England  remaining  in  your  Custody  you  cause  our 
Letters  to  be  made  forth  patents  in  form  following]  ^ 

a  This  company,  which  was  established  under  the  patronage  of  King  Gustavus 
Adolphus,  founded  the  first  agricultural  colonies  on  the  banks  of  the  Delaware 
River,  although  the  Dutch  had  previously  established  trading-posts  there,  which 
had  been  destroyed  by  the  Indians.  The  Swedes  acquired,  by  successive  pur- 
chases from  the  Indian  chiefs,  "  all  the  land  extending  from  Cape  Henlopen  to 
the  great  falls  of  Delaware."  It  was  also  asserted  that  when  John  Oxenstiern 
went  to  England,  in  1(331,  as  Swedish  ambassador,  Charles  I  ceded  to  Sweden 
all  the  pretensions  that  the  English  had  upon  the  Delaware  Valley,  which  con- 
sisted merely  in  the  right  of  first  discovery.  Historians  have  never  found  this 
treaty,  and  the  cession  is  regarded  as  doubtful. 

6  This  charter,  granted  by  Charles  II  to  William  Penn,  constituted  him  and 
his  heirs  proprietors  of  the  province,  which,  in  honor  of  his  father.  Admiral 
Penn,  (whose  cash  advances  and  services  were  thus  requited,)  was  called  Penn- 
sylvania. To  perfect  his  title,  William  Penn  purchased,  in  August,  1682,  a 
quit-claim  from  the  Duke  of  York  to  the  lands  west  of  the  Delaware  River 
embraced  in  his  patent  of  1064. 

"  Charter  to  William  Penn  and  Laws  of  the  Province  of  Pennsylvania,  passed 
between  the  Years  1082  and  1700,  preceded  by  Duke  of  York's  Laws  in  force 
from  the  year  1070  to  the  year  1082,  with  an  appendix,  containing  Laws  relat- 
ing to  the  organization  of  the  Provincial  Courts  and  Historical  matter.  Pub- 
lished under  the  direction  of  John  Blair  Linn,  Secretary  of  the  Commonwealth. 
Compiled  and  edited  by  Staughton  George,  Benjamin  M.  Nead,  Thomas  Mc- 
Camant.     Ilarrisburg :  Lane  S.  Hart,  State  Printer.     1879.  "     614  pp. 

c  The  portion  in  brackets  is  found  in  the  original  copy,  in  the  Public  Record 
Office,  London,  Bundle  388,  Privy  Seals  and  Signed  Bills  (Chancery)  33  Charles 
the  Second.  See  a  certified  copy  in  MS.  from  the  Assistant  Keeper  of  Public 
Records.  London,  September  25,  1878,  in  the  Historical  Society  of  Pennsylvania. 

3035 


3036  Pennsylvania— 1681 

Charles  the  Second,  by  the  Grace  of  God,  King  of  England,  S rot- 
land,  France,  and  Ireland,  Defender  of  the  Faith,  c&c.  To  all  whom 
these  presents  shall  come.  Greeting.  Whereas  Our  Trustie  and  well- 
beloved  Subject  William  Penn,  Esquire,  Sonne  and  heire  of  Sir 
WiLLiAiM  Penn  deceased,  out  of  a  commendable  Desire  to  enlarge 
our  English  Empire,  and  promote  such  usefull  comodities  as  may  bee 
of  Benefit  to  us  and  Our  Dominions,  as  also  to  reduce  the  savage 
Natives  by  gentle  and  just  manners  to  the  Love  of  Civil  Societie  and 
Christian  Religion,  hath  humbley  besought  Leave  of  Us  to  transport 
an  ample  Colonic  unto  a  certaine  Countrey  hereinafter  described,  in 
the  Partes  of  America  not  yet  cultivated  and  planted ;  And  hath  like- 
wise humbley  besought  Our  Roy  all  Majestic  to  Give,  Grant,  and 
Confirme  all  the  said  Countrey,  with  certaine  Privileges  and  Juris- 
dictions, requisite  for  the  good  Government  and  Safetie  of  the  said 
Countrey  and  Colonic,  to  him  and  his  Heires  forever :  Know  ye  there- 
fore. That  Wee,  favouring  the  Petition  and  good  Purpose  of  the 
said  William  Penn,  and  haveing  Regard  to  the  Memorie  and  Meritts 
of  his  late  Father  in  divers  Services,  and  perticulerly  to  his  Conduct, 
Courage,  and  Discretion  under  our  Dearest  Brother  Jaisies  Duke  of 
York,  in  that  Signall  Battell  and  Victorie  fought  and  obteyned 
against  the  Dutch  Fleete,  command  by  the  Heer  Van  Opdam,  in  the 
yeare  One  thousand  six  hundred  and  sixty-five:  In  consideration 
thereof,  of  Our  Speciale  grace,  certaine  Knowledge,  and  meere  Motion 
have  Given  and  Granted,  and  by  this  Our  present  Charter,  for  Us, 
Our  Heires  and  Successors,  Doe  give  and  Grant  unto  the  said  Wil- 
liam Penn,  his  Heires  and  Assignes,  all  that  Tract  or  Parte  of  Land 
in  America,  with  all  the  Islands  therein  conteyned,  as  the  same  is 
Vjounded  on  the  East  by  Delaivare  River,  from  tw^elve  miles  distance 
Northwards  of  New  Castle  Towne  unto  the  three  and  fortieth  degree 
of  Northerne  Latitude,  if  the  said  River  doeth  extende  so  farre  North- 
wards; But  if  the  said  River  shall  not  extend  soe  farre  Northward, 
then  by  the  said  River  soe  f arr  as  it  doth  extend ;  and  from  the  head 
of  the  said  River,  the  Easterne  Bounds  are  to  bee  determined  by  a 
Meridian  Line,  to  bee  drawne  from  the  head  of  the  said  River,  unto 
the  said  three  and  fortieth  Degree.  The  said  Lands  to  extend  west- 
wards five  degrees  in  longitude,  to  bee  computed  from  the  said 
Easterne  Bounds ;  and  the  said  Lands  to  bee  bounded  on  the  North  by 
the  beginning  of  the  three  and  fortieth  degree  of  Northern  Latitude, 
and  on  the  South  by  a  Circle  drawne  at  twelve  miles  distance  from 
New  Castle  Northward  and  Westward  unto  the  beginning  of  the 
fortieth  degree  of  Northern  Latitude,  and  then  by  a  streight  Line 
Westward  to  the  Limitt  of  Longitude  above-mentioned.  Wee  do  also 
give  and  grant  unto  the  said  William  Penn,  his  heires  and  assignes, 
the  free  and  undisturbed  use  and  continuance  in,  and  passage  into 
and  out  of  all  and  singuler  Ports,  Harbours,  Bays,  Waters,  Rivers, 
Isles,  and  Inletts,  belonging  unto,  or  leading  to  and  from  the  Coun- 
trey or  Islands  aforesaid.  And  all  the  Soyle,  lands,  fields,  woods, 
underwoods,  mountaines,  hills,  fenns.  Isles,  Lakes,  Rivers,  waters, 
Rivuletts,  Bays,  and  Inletts,  scituate  or  being  within,  or  belonging 
unto  the  Limitts  and  Bounds  aforesaid,  togeather  with  the  fishing  of 
all  sortes  of  fish,  whales,  Sturgeons,  and  all  Royall  and  other  Fishes, 
in  the  Sea,  Bayes,  Inletts,  waters,  or  Rivers  within  the  premisses,  and 
the  Fish  therein  taken ;  And  also  all  Veines,  Mines,  and  Quarries,  as 
well  discovered  as  not  discovered,  of  Gold,  Silver,   Gemms,   and 


Pennsylvania — 1681  3037 

Pretious  Stones,  and  all  other  whatsoever,  be  it  Stones,  Mettals,  or 
of  any  other  thing  or  matter  whatsoever,  found  or  to  bee  found  within 
the  Countrey,  Isles,  or  Limitts  aforesaid ;  And  him,  the  said  William 
Penn,  his  heires  and  assignes.  Wee  doe  by  this  Our  Eoyall  Charter, 
for  its.  Our  heires  and  Successors,  make,  create,  and  constitute  the 
true  and  absolute  Proprietarie  of  the  Countrey  aforesaid,  and  of  all 
other  the  premisses.  Saving  alwayes  to  Us,  Our  heires  and  Successors, 
the  Faith  and  Allegiance  of  the  said  William  Penn^  his  heires  and 
assignes,  and  of  all  other  Proprietaries,  Tenants,  and  Inhabitants 
that  are  or  shall  be  within  the  Territories  and  Precincts  aforesaid; 
and  Saving  also,  unto  Us,  Our  heires  and  Successors,  the  Sovereignty 
of  the  aforesaid  Countrey;  To  have,  hold,  possess,  and  enjoy  the 
said  Tract  of  Land,  Countrey,  Isles,  Inletts,  and  other  the  premisses 
unto  the  said  William  Penn^  his  heires  and  assignes,  to  the  only 
Proper  use  and  behoofe  of  the  said  William  Penn^  his  heires  and 
assignes  for  ever,  to  bee  holden  of  Us,  Our  heires  and  Successors, 
Kings  of  England^  as  of  Our  Castle  of  Windsor  in  Our  County  of 
Berks^  in  free  and  comon  Socage,  by  fealty  only  for  all  Services, 
and  not  in  Capite  or  by  Knights  Service :  Yielding  and  paying  there- 
fore to  Us,  Our  heires  and  Successors,  Two  Beaver  Skins,  to  bee  de- 
livered at  Our  said  Castle  of  Windsor  on  the  First  Day  of  January 
in  every  Year;  and  also  the  Fifth  Part  of  all  Gold  and  Silver  Oare, 
which  shall  from  Time  to  Time  happen  to  bee  found  w^ithin  the 
Limitts  aforesaid,  cleare  of  all  Charges.  And  of  Our  further  Grace, 
certaine  Knowledge,  and  meer  motion.  We  have  thought  fitt  to  erect, 
and  We  doe  hereby  erect  the  aforesaid  Countrey  and  Islands  into  a 
Province  and  Seigniorie,  and  doe  call  itt  Pensilvania,  and  soe 
from  henceforth  we  will  have  itt  called. 

And  forasmuch  as  Wee  have  hereby  made  and  ordained  the  afore- 
said William  Penn^  his  heires  and  assignes,  the  true  and  absolute 
Proprietaries  of  all  the  Lands  and  Dominions  aforesaid,  knoav  ye 
THEREFORE,  That  We  reposing  speciall  trust  and  Confidence  in  the 
fidelitie,  wisedom.  Justice,  and  provident  circumspection  of  the  said 
William  Penn  for  us,  our  heires  and  Successors,  Doe  grant  free,  full, 
and  absolute  power  by  vertue  of  these  presents  to  him  and  his  heires, 
and  to  his  and  their  Deputies,  and  Lieutenants,  for  the  good  and 
happy  government  of  the  said  countrey,  to  ordeyne,  make,  and  enact, 
and  under  his  and  their  Seales  to  publish  any  Lawes  whatsoever, 
for  the  raising  of  money  for  the  publick  use  of  the  said  Province,  or 
for  any  other  End,  apperteyning  either  unto  the  publick  state,  peace, 
or  safety  of  the  said  Countrey,  or  unto  the  private  utility  of  pertic- 
ular  persons,  according  unto  their  best  discretions,  by  and  with  the 
advice,  assent,  and  approbation  of  the  Freemen  of  the  said  Countrey, 
or  the  greater  parte  of  them,  or  of  their  Delegates  or  Deputies, 
Avhom  for  the  Enacting  of  the  said  Lawes,  when,  and  as  often  as 
need  shall  require.  Wee  will  that  the  said  William  Penn  and  his 
heires,  shall  assemble  in  such  sort  and  forme,  as  to  him  and  them 
shall  seeme  best,  and  the  same  Lawes  duly  to  execute,  unto  and  upon 
all  People  within  the  said  Countrey  and  the  Limitts  thereof. 

And  wee  doe  likewise  give  and  grant  unto  the  said  William  Penn^ 
and  his  heires,  and  to  his  and  their  Deputies  and  Lieutenants,  full 
power  and  authoritie  to  appoint  and  establish  any  Judges  and 
Justices,  Magistrates  and  Officers  whatsoever,  for  what  Causes  soever, 
for  the  probates  of  wills,  and  for  the  granting  of  Administrations 


3038  Pennsylvania— 1 681 

within  the  precincts  aforesaid  and  with  what  Power  soever,  and  in 
such  forme  as  to  the  said  William  Penn  or  his  heires  shall  seeme  most 
convenient:  Also  to  remitt,  release,  pardon,  and  abolish  whether 
before  Judgement  or  after  all  Crimes  and  Offences  whatsoever 
comitted  within  the  said  Countrey  against  the  said  Lawes,  Treason 
and  wilful  and  malitious  Murder  onely  excepted,  and  in  those  Cases 
to  grant  Reprieves,  until  Our  pleasure  may  bee  known  therein  and  to 
doe  all  and  every  other  thing  and  things,  which  unto  the  compleate 
Establishment  of  Justice,  unto  Courts  and  Tribunalls,  formes  of 
Judicature,  and  manner  of  Proceedings  doe  belong,  altho  in  these 
presents  expresse  mention  bee  not  made  thereof;  And  by  Judges 
by  them  delegated,  to  award  Processe,  hold  Pleas,  and  determine  in 
all  the  said  Courts  and  Tribunalls  all  Actions,  Suits,  and  Causes 
whatsoever,  as  well  Criminall  as  Civill,  Personall,  reall  and  mixt; 
which  Lawes,  soe  as  aforesaid  to  bee  published.  Our  Pleasure  is, 
and  soe  Wee  enjoyne,  require,  and  command,  shall  bee  most  absolute 
and  avaylable  in  law ;  and  that  all  the  Liege  People  and  subjects  of 
Us,  Our  heires  and  Successors,  doe  observe  and  keepe  the  same  in- 
violabl  in  those  partes,  soe  farr  as  they  concerne  them,  under  the 
paine  therein  expressed,  or  to  bee  expressed.  Provided  nevertheles. 
That  the  said  Lawes  bee  consonant  to  reason,  and  bee  not  repugnant 
or  contrarie,  but  as  neare  as  conveniently  may  bee  agreeable  to  the 
Lawes  and  Statutes,  and  rights  of  this  Our  Kingdome  of  England; 
And  Saving  and  reserving  to  Us,  Our  heires  and  Successors,  the 
receiving,  heareing,  and  determining  of  the  appeale  and  appeales  of 
all  or  any  Person  or  Persons,  of,  in,  or  belonging  to  the  Territories 
aforesaid,  or  touching  any  Judgement  to  bee  there  made  or  given. 

And  forasmuch  as  in  the  Government  of  soe  great  a  Countrey, 
sudden  Accidents  doe  often  happen,  whereunto  itt  will  bee  necessarie 
to  apply  remedie  before  the  Freeholders  of  the  said  Province,  or 
their  Delegates  or  Deputies,  can  bee  assembled  to  the  making  of 
Lawes;  neither  will  itt  bee  convenient  that  instantly  upon  every 
such  emergent  occasion,  soe  greate  a  multitude  should  be  called  to- 
gether: Therefore  for  the  better  Government  of  the  said  Countrey 
Wee  will,  and  ordaine,  and  by  these  presents,  for  us,  our  Heires  and 
successors.  Doe  Grant  unto  the  said  William  Pe7in  and  his  heires,  by 
themselves  or  by  their  Magistrates  and  Officers,  in  that  behalfe  duely 
to  bee  ordeyned  as  aforesaid,  to  make  and  constitute  fitt  and  whole- 
some Ordinances,  from  time  to  time,  within  the  said  Countrey  to 
bee  kept  and  observed,  as  well  for  the  preservation  of  the  peace,  as 
for  the  better  government  of  the  People  there  inhabiting;  and 
publickly  to  notifie  the  same  to  all  persons,  whome  the  same  doeth  or 
anyway  may  concerne.  Which  ordinances.  Our  Will  and  Pleasure  is, 
shall  bee  observed  inviolably  within  the  said  Province,  under  Paines 
therein  to  be  expressed,  soe  as  the  said  Ordinances  bee  consonant  to 
reason,  and  bee  not  repugnant  nor  contrary,  but  soe  farre  as  con- 
veniently may  bee  agreeable  with  the  Lawes  of  our  Kingdome  of 
England^  and  soe  as  the  said  Ordinances  be  not  extended  in  any 
Sort  to  bind,  charge,  or  take  away  the  right  or  Interest  of  any  person 
or  persons,  for  or  in  their  Life,  members.  Freehold,  goods,  or  Chatties. 
And  our  further  will  and  pleasure  is,  that  the  Lawes  for  regulateing 
and  governing  of  Propertie  within  the  said  Province,  as  well  for  the 
descent  and  enjoyment  of  lands,  as  likewise  for  the  enjoyment  and 
succession  of  goods  and  Chatties,  and  likewise  as  to  Felonies,  shall  bee 


Pennsylvania— 1681  3039 

and  continue  the  same,  as  they  shall  bee  for  the  time  being  by  the  gen- 
erall  course  of  the  Law  in  our  Kingdome  of  England,  untill  the  said 
Lawes  shall  bee  altered  by  the  said  William  Penn,  his  heires  or 
assignes,  and  by  the  Freemen  of  the  said  Province,  their  Delegates  or 
Deputies,  or  the  greater  Part  of  them. 

And  to  the  End  the  said  William  Penn,  or  his  heires,  or  other  the 
Planters,  Owners,  or  Inhabitants  of  the  said  Province,  may  not  att 
any  time  hereafter  by  misconstruction  of  the  powers  aforesaid 
through  inadvertencie  or  designe  depart  from  that  Faith  and  due  alle- 
giance, which  by  the  lawes  of  this  our  Kingdom  of  England,  they  and 
all  our  subjects,  in  our  Dominions  and  Territories,  alwayes  owe  unto 
us.  Our  heires  and  Successors,  by  colour  of  any  Extent  or  largnesse  of 
powers  hereby  given,  or  pretended  to  bee  given,  or  by  force  or  colour 
of  any  lawes  hereafter  to  bee  made  in  the  said  Province,  by  vertue 
of  any  such  Powers;  Our  further  will  and  Pleasure  is,  that  a 
transcript  or  Duplicate  of  all  Lawes,  which  shall  bee  soe  as  aforesaid 
made  and  published  within  the  said  Province,  shall  within  five  yeares 
after  the  makeing  thereof,  be  transmitted  and  delivered  to  the  Privy 
Councell,  for  the  time  being,  of  us,  our  heires  and  successors:  And 
if  any  of  the  said  Lawes,  within  the  space  of  six  moneths  after  that 
they  shall  be  soe  transmitted  and  delivered,  bee  declared  by  us.  Our 
heires  or  Successors,  in  Our  or  their  Privy  Councell,  inconsistent 
with  the  Sovereigntey  or  lawful  Prerogative  of  us,  our  heires  or 
Successors,  or  contrary  to  the  Faith  and  Allegiance  due  by  the  legall 
government  of  this  Realme,  from  the  said  William  Penn,  or  his  heires, 
or  of  the  Planters  and  Inhabitants  of  the  said  Province,  and  that 
thereupon  any  of  the  said  Lawes  shall  bee  adjudged  and  declared  to 
bee  void  by  us,  our  heires  or  Successors,  under  our  or  their  Privy 
Scale,  that  then  and  from  thenceforth,  such  Lawes,  concerning  which 
such  Judgement  and  declaration  shall  bee  made,  shall  become  voyd: 
Otherwise  the  said  Lawes  soe  transmitted,  shall  remaine,  and  stand 
in  full  force,  according  to  the  true  intent  and  meaneing  thereof. 

Furthermore,  that  this  new  Colony  may  the  more  happily  in- 
crease, by  the  multitude  of  People  resorting  thither;  Therefore  wee 
for  us,  our  heirs  and  Successors,  doe  give  and  grant  by  these  presents, 
power.  Licence,  and  Libertie  unto  all  the  Liege  People  and  Subjects, 
both  present  and  future,  of  us,  our  heires,  and  Successors,  excepting 
those  who  shall  bee  Specially  forbidden  to  transport  themselves  and 
Families  unto  the  said  Countrey,  with  such  convenient  Shipping  as  by 
the  lawes  of  this  our  Kingdome  of  England  they  ought  to  use,  with 
fitting  provisions,  paying  only  the  customes  therefore  due,  and  there 
to  settle  themselves,  dwell  and  inhabitt,  and  plant,  for  the  publick 
and  their  owne  private  advantage. 

And  furthermore,  that  our  Subjects  may  bee  the  rather  encour- 
aged to  undertake  this  expedicion  with  ready  and  cheerful  mindes, 
KNOW  YE,  That  wee,  of  Our  especiall  grace,  certaine  knowledge,  and 
meere  motion.  Doe  Give  and  Grant  by  vertue  of  these  presents,  as 
well  unto  the  said  William  Penn,  and  his  heires,  as  to  all  others,  who 
shall  from  time  to  time  repaire  unto  the  said  Countrey,  with  a  pur- 
pose to  inhabitt  there,  or  trade  with  the  Natives  of  the  said  Countrey, 
full  Licence  to  lade  and  freight  in  any  ports  whatsoever,  of  us,  our 
heires  and  Successors,  according  to  the  lawes  made  or  to  be  made 
within  our  Kingdome  of  England,  and  into  the  said  Countrey,  by 
them,  theire  Servants  or  assignes,  to  transport  all  and  singuler  theire 


3040  Pennsylvania — 1681 

wares,  goods,  and  Merchandizes,  as  likewise  all  sorts  of  graine  what- 
soever, and  all  other  things  whatsoever,  necessary  for  food  or  cloath- 
ing,  not  prohibited  by  the  Lawes  and  Statutes  of  our  Kingdomes  and 
Dominiones  to  be  carryed  out  of  the  said  Kingdomes,  without  any 
Lett  or  molestation  of  us,  our  heires  and  Successors,  or  of  any  of  the 
Officers  of  us,  our  heires  and  Successors;  saveing  alwayes  to  us,  our 
heires  and  Successors,  tiie  legall  impositions,  customes,  and  other 
Duties  and  payments,  for  the  said  Wares  and  Merchandize,  by  any 
Law  or  Statute  due  or  to  be  due  to  us,  our  heires  and  Successors. 

And  Wee  doe  further,  for  us,  our  heires  and  Successors,  Give  and 
grant  unto  the  said  William  Penn,  his  heires  and  assignes,  free  and 
absolute  power,  to  Divide  the  said  Countrey  and  Islands  into  Townes, 
Hundreds  and  Counties,  and  to  erect  and  incorporate  Townes  into 
Borroughs,  and  Borroughs  into  Citties,  and  to  make  and  constitute 
ifaires  and  Marketts  therein,  Avith  all  other  convenient  priviledges 
and  immunities,  according  to  the  meritt  of  the  inhabitants,  and  the 
ffitnes  of  the  places,  and  to  doe  all  and  every  other  thing  and  things 
touching  the  premisses,  which  to  him  or  them  shall  seeme  meet  and 
requisite,  albeit  they  be  such  as  of  their  owne  nature  might  otherwise 
require  a  more  especiall  comandment  and  Warrant  then  in  these 
presents  is  expressed. 

We  Will  alsoe,  and  by  these  presents,  for  us,  our  heires  and  Succes- 
sors, Wee  doe  Give  and  grant  Licence  by  this  our  Charter,  unto  the 
said  William  Penn^  his  heires  and  assignes,  and  to  all  the  inhabitants 
and  dwellers  in  the  Province  aforesaid,  both  present  and  to  come, 
to  import  or  unlade,  by  themselves  or  theire  Servants,  ffactors  or 
assignes,  all  merchandizes  and  goods  whatsoever,  that  shall  arise  of 
the  fruites  and  comodities  of  the  said  Province,  either  by  Land  or 
Sea,  into  any  of  the  ports  of  us,  our  heires  and  successors,  in  our 
Kingdome  of  England^  and  not  into  any  other  Countrey  whatsoever : 
And  wee  give  him  full  power  to  dispose  of  the  said  goods  in  the  said 
ports;  and  if  need  bee,  within  one  yeare  next  after  the  unladeing 
of  the  same,  to  lade  the  said  Merchandizes  and  Goods  again  into  the 
same  or  other  shipps,  and  to  expoi't  the  same  into  any  other  Coun- 
treys,  either  of  our  Dominions  or  fforeigne,  according  to  La  we :  Pro- 
vided alwayes,  that  they  pay  such  customes  and  impositions,  sub- 
sidies and  duties  for  the  same,  to  us,  our  heires  and  Successors,  as  the 
rest  of  our  Subjects  of  our  Kingdome  of  England^  for  the  time  being, 
shall  be  bound  to  pay,  and  doe  observe  the  Acts  of  Navigation,  and 
other  Lawes  in  that  behalfe  made. 

And  FURTHER3E0RE,  of  our  most  ample  and  esspeciall  grace,  certaine 
knowledge,  and  meere  motion.  Wee  doe,  for  us,  our  heires  and  Suc- 
cessors, Grant  unto  the  said  William  Penn^  his  heires  and  assignes, 
full  and  absolute  power  and  authoritie  to  make,  erect,  and  constitute 
within  the  said  Province  and  the  Isles  and  Islets  aforesaid,  such  and 
soe  many  Sea-ports,  harbours,  Creeks,  Havens,  Keyes,  and  other 
places,  for  discharge  and  unladeing  of  goods  and  Merchandizes,  out 
of  the  shipps,  Boates,  and  other  Vessells,  and  ladeing  them  in  such 
and  soe  many  Places,  and  with  such  rights.  Jurisdictions,  liberties 
and  priviledges  unto  the  said  ports  belonging,  as  to  him  or  them  shall 
seeme  most  expedient;  and  that  all  and  singuler  the  shipps,  boates, 
and  other  Vessells,  which  shall  come  for  merchandize  and  trade  unto 
the  said  Province,  or  out  of  the  same  shall  depart,  shall  be  laden  or 
Vinladen  onely  at  such  Ports  as  shall  be  erected  and  constituted  by 


Pennsylvania — 1 681  304 1 

the  said  William  Penn^  his  heires  and  assignes,  any  use,  custome,  or 
other  thing  to  the  contrary  notwithstanding.  Provided,  that  the 
said  William,  Penn  and  his  heires,  and  the  Lieutenants  and  Gover- 
nors for  the  time  being,  shall  admitt  and  receive  in  and  about  all 
such  Ports,  Havens,  Creeks,  and  Keyes,  all  Officers  and  their  Deputies, 
who  shall  from  time  to  time  be  appointed  for  that  Purpose  by  the 
ffarmers  or  Commissioners  of  our  Customes  for  the  time  being. 

And  Wee  doe  further  appoint  and  ordaine,  and  by  these  presents, 
for  us,  our  heires  and  Successors,  Wee  doe  grant  unto  the  said  William 
Penn^  his  heires  and  assignes.  That  he,  the  said  William  Penn^  his 
heires  and  assignes,  may  from  time  to  time  for  ever,  have  and  enjoy 
the  Customes  and  Subsidies,  in  the  Portes,  Harbours,  and  other 
Creeks  and  Places  aforesaid,  within  the  Province  aforesaid,  payable 
or  due  for  merchandizes  and  wares  there  to  be  laded  and  unladed, 
the  said  Customes  and  Subsidies  to  be  reasonably  assessed  upon  any 
occasion,  by  themselves  and  the  People  there  as  aforesaid  to  be 
assembled,  to  whom  wee  give  power  by  these  presents,  for  us,  our 
heires  and  Successors,  upon  just  cause  and  in  dudue  p'portion,  to 
assesse  and  impose  the  same ;  Saveing  unto  us,  our  heires  and  Suc- 
cessors, such  impositions  and  Customes,  as  by  Act  of  Parliament  are 
and  shall  be  appointed. 

And  it  is  Our  further  Will  and  plasure,  that  the  said  William 
Penn^  his  heires  and  assignes,  shall  from  time  to  time  constitute  and 
appoint  an  Attorney  or  Agent,  to  Reside  in  or  neare  our  City  of 
London^  who  shall  make  knowne  the  place  where  he  shall  dwell  or 
may  be  found,  unto  the  Clerks  of  our  Privy  Counsell  for  the  time 
being,  or  one  of  them,  and  shall  be  ready  to  appeare  in  any  of  our 
Courts  att  Westminster^  to  Answer  for  any  Misdemeanors  that  shall 
be  committed,  or  by  any  wilfull  default  or  neglect  permitted  by  the 
said  William  Penn^  his  heires  or  assignes,  against  our  Lawes  of  Trade 
or  Navigation;  and  after  it  shall  be  ascertained  in  any  of  our  said 
Courts,  what  damages  Wee  or  our  heires  or  Successors  shall  have 
sustained  by  such  default  or  neglect,  the  said  William  Penn^  his  heires 
and  assignes  shall  pay  the  same  within  one  yeare  after  such  taxation, 
and  demand  thereof  from  such  Attorney:  or  in  case  there  shall  be 
noe  such  Attorney  by  the  space  of  a  yeare,  or  such  Attorney  shall 
not  make  payment  of  such  damages  w  ithin  the  space  of  one  yeare, 
and  answer  such  other  forfeitures  and  penalties  within  the  said  time, 
as  by  the  Acts  of  Parliament  in  England  are  or  shall  be  provided, 
according  to  the  true  intent  and  meaneing  of  these  presents ;  then  it 
shall  be  lawfull  for  us,  our  heires  and  Successors,  to  seize  and  Resume 
the  government  of  the  said  Province  or  Countrey,  and  the  same  to 
retaine  untill  payment  shall  be  made  thereof:  But  notwithstanding 
any  such  Seizure  or  resumption  of  the  government,  nothing  con- 
cerneing  the  propriety  or  ownership  of  any  Lands,  tenements,  or 
other  hereditaments,  or  goods  or  chattels  of  any  the  Adventurers, 
Planters,  or  owners,  other  then  the  respective  Offenders  there,  shall 
be  any  way  be  affected  or  molested  thereby. 

Provided  alwayes,  and  our  will  and  pleasure  is,  that  neither  the 
said  William  Penn^  nor  his  heires,  or  any  other  the  inhabitants  of  the 
said  Province,  shall  at  any  time  hereafter  have  or  maintain  any  Cor- 
respondence with  any  other  king,  prince,  or  State,  or  with  any  of 
theire  subjects,  who  shall  then  be  in  Warr  against  us,  our  heires  or 


3042  Pennsylvania— 1 681 

Successors;  Nor  shall  the  said  William  Penn^  or  his  heires,  or  any 
other  the  Inhabitants  of  the  said  Province,  make  Warre  or  doe  any 
act  of  Hostility  against  any  other  king,  prince,  or  State,  or  any  of 
theire  Subjects,  who  shall  then  be  in  league  or  amity  with  us,'  our 
heires  or  successors. 

And,  because  in  soe  remote  a  Countrey,  and  scituate  neare  many 
Barbarous  Nations,  the  incursions  as  well  of  the  Savages  themselves, 
as  of  other  enemies,  pirates  and  robbers,  may  probahly  be  feared; 
Therefore  Wee  have  given,  and  for  us,  our  heires  and  Successors,  Doe 
give  power  by  these  presents  unto  the  said  William  Penn^  his  heires 
and  assignes,  by  themselves  or  theire  Captaines  or  other  their  Offi- 
cers, to  levy,  muster  and  traine  all  sorts  of  men,  of  what  condition 
soever,  or  wheresoever  borne,  in  the  said  Province  of  Pensilvania,  for 
the  time  being,  and  to  make  Warre,  and  to  pursue  the  enemies  and 
Robbers  aforesaid,  as  well  by  Sea  as  by  Land,  even  without  the 
Limitts  of  the  said  Province,  and  by  God's  assistance  to  vanquish  and 
take  them,  and  being  taken  to  put  them  to  death  by  the  Law  of 
Warre,  or  to  save  them,  att  theire  pleasure,  and  to  doe  all  and  every 
other  Thing  which  to  the  Charge  and  Office  of  a  Captaine-Generall 
of  an  Army  belongeth  or  hath  accustomed  to  belong,  as  fully  and 
ffreely  as  any  Captaine-Generall  of  an  Army  hath  ever  had  the  same. 

And  furthermore,  of  Our  especiall  grace  and  of  our  certaine 
knowledge  and  meere  motion,  wee  have  givan  and  granted,  and  by 
these  presents,  for  us,  our  heires  and  Successors,  do  Give  and  Grant 
unto  the  said  William,  Penn^  his  Heirs  and  Assigns,  full  and  absolute 
power,  licence  and  authoritie,  that  he,  the  said  William.  Penrij  his 
heires  and  assignes,  from  time  to  time  hereafter  forever,  att  his  or 
theire  ow^n  AVill  and  pleasure  may  assigne,  alien.  Grant,  demise,  or 
enfeoff e  of  the  Premises  soe  many  and  such  partes  or  parcells  to  him 
or  them  that  shall  be  willing  to  purchase  the  same,  as  they  shall 
thinke  fitt,  To  have  and  to  hold  to  them  the  said  person  and  persons 
willing  to  take  or  purchase,  theire  heires  and  assignes,  in  ffee-simple 
or  ffee-taile,  or  for  the  terme  of  life,  or  lives  or  yeares,  to  be  held  of 
the  said  William  Penn,  his  heires  and  assignes,  as  of  the  said  Seign- 
iory of  Windsor,  by  such  services,  customes  and  rents,  as  shall  seeme 
ffitt  to  the  said  William  Penn,  his  heires  and  assignes,  and  not  imedi- 
ately  of  us,  our  heires  and  successors.  And  to  the  same  person  or 
persons,  and  to  all  and  every  of  them,  wee  doe  give  and  grant  by  these 
presents,  for  us,  our  heires  and  successors,  licence,  authoritie  and 
power,  that  such  person  or  persons  may  take  the  premisses,  or  any 
parcel!  thereof,  of  the  aforesaid  William  Penn,  his  heires  or  assignes, 
and  the  same  hold  to  themselves,  their  heires  and  assignes,  in  what 
estate  of  inheritance  soever,  in  ffee-simple  or  in  ffee-taile,  or  other- 
wise, as  to  him,  the  said  William  Pe7m,  his  heires  and  assignes,  shall 
seem  expedient:  The  Statute  made  in  the  parliament  of  Edward, 
Sonne  of  King  Henry,  late  King  of  England ,  our  predecessor,  com- 
monly called  The  Statute  Quia  Emptores  Terrarum,  lately  pub- 
lished in  our  Kingdome  of  England  in  any  wise  notwithstanding. 

And  by  these  presents  wee  give  and  Grant  Licence  unto  the  said 
William  Penn,  and  his  heires,  likewise  to  all  and  every  such  person 
and  persons  to  whom  the  said  William  Penn  or  his  heires  shall  att 
any  tinje  hereafter  grant  any  estate  or  inheritance  as  aforesaid,  to 
erect  any  parcells  of  Land  within  the  Province  aforesaid  into  Man- 
ners, by  and  with  the  Licence  to  be  first  had  and  obteyned  for  that 


Pennsylvania — 1681  3043 

purpose,  under  the  hand  and  Seale  of  the  said  William  Penn  or  his 
heires ;  and  in  every  of  the  said  Mannors  to  have  and  to  hold  a  Court- 
Baron,  with  all  thinges  whatsoever  which  to  a  Court-Baron  do 
belong,  and  to  have  and  to  hold  View^  of  ffrank-pledge  for  the  con- 
servation of  the  peace  and  the  better  government  of  those  partes,  by 
themselves  or  their  Stewards,  or  by  the  Lords  for  the  time  being  of 
other  Mannors  to  be  deputed  when  they  shall  be  erected,  and  in  the 
same  to  use  all  things  belonging  to  the  View  of  ffrank-pledge.  And 
Wee  doe  further  grant  licence  and  authoritie,  that  every  such  person 
and  persons  who  shall  erect  any  such  Mannor  or  Mannors,  as  afore- 
said, shall  or  may  grant  all  or  any  parte  of  his  said  Lands  to  any 
person  or  persons,  in  ffee-simple,  or  any  other  estate  of  inheritance 
to  be  held  of  the  said  Mannors  respectively,  soe  as  noe  further  tenures 
shall  be  created,  but  that  upon  all  further  and  other  alienations  there- 
after to  be  made,  the  said  lands  soe  aliened  shall  be  held  of  the  same 
Lord  and  his  heires,  of  whom  the  alienor  did  then  before  hold,  and 
by  the  like  rents  and  Services  which  were  before  due  and  accustomed. 

And  further  our  pleasure  is,  and  by  these  presents,  for  us,  our 
heires  and  Successors,  Wee  doe  covenant  and  grant  to  and  with  the 
said  William  Penn^  and  his  heires  and  assignes.  That  Wee,  our  heires 
and  Successors,  shall  at  no  time  hereafter  sett  or  make,  or  cause  to 
be  sett,  any  impossition,  custome  or  other  taxation,  rate  or  contribu- 
tion whatsoever,  in  and  upon  the  dw^ellers  and  inhabitants  of  the 
aforesaid  Province,  for  their  Lands,  tenements,  goods  or  chattells 
Avithin  the  said  Province,  or  in  and  upon  any  goods  or  merchandize 
within  the  said  Province,  or  to  be  laden  or  unladen  within  the  ports 
or  harbours  of  the  said  Province,  unless  the  same  be  with  the  con- 
sent of  the  Proprietary,  or  chiefe  governor,  or  assembly,  or  by  act 
of  Parliament  in  England. 

And  Our  Pleasure  is,  and  for  us,  our  heires  and  Successors,  Wee 
charge  and  comand,  that  this  our  Declaration  shall  from  hencefor- 
ward be  received  and  allowed  from  time  to  time  in  all  our  courts, 
and  before  all  the  Judges  of  us,  our  heires  and  Successors,  for  a 
sufficient  and  lawf ull  discharge,  payment  and  acquittance ;  command- 
ing all  and  singular  the  officers  and  ministers  of  us,  our  heires  and 
Successors,  and  enjoyneing  them  upon  pain  of  our  high  displeasure, 
that  they  doe  not  presume  att  any  time  to  attempt  any  thing  to  the 
contrary  of  the  premisses,  or  that  doe  in  any  sort  withstand  the  same, 
but  that  they  be  att  all  times  aiding  and  assisting,  as  is  fitting  unto 
the  said  William  Penn^  and  his  heires,  and  to  the  inhabitants  and 
merchants  of  the  Province  aforesaid,  their  Servants,  Ministers,  ffac- 
tors  and  Assignes,  in  the  full  use  and  fruition  of  the  benefitt  of  this 
our  Charter. 

And  Our  further  pleasure  is,  and  wee  doe  hereby,  for  us,  our  heires 
and  Successors,  charge  and  require,  that  if  any  of  the  inhabitants  of 
the  said  Province,  to  the  number  of  Twenty,  shall  at  any  time  here- 
after be  desirous,  and  shall  by  any  writeing,  or  by  any  person  deputed 
for  them,  signify  such  their  desire  to  the  Bishop  of  London  for  the 
time  being  that  any  preacher  or  preachers,  to  be  approved  of  by  the 
said  Bishop,  may  be  sent  unto  them  for  their  instruction,  that  then 
such  preacher  or  preachers  shall  and  may  be  and  reside  within  the 
said  Province,  without  any  deniall  or  molestation  whatsoever. 

And  if  perchance  hereafter  it  should  happen  any  doubts  or  ques- 
tions should  arise,  concerning  the  true  Sense  and  meaning  of  any 

7254— VOL  5—09 33 


3044  Pennsylvania — 1681 

word,  clause,  or  Sentence  conteyned  in  tjiis  our  present  Charter,  Wee 
will  ordaine,  and  comand,  that  att  all  times  and  in  all  things,  such 
interpretation  be  made  thereof,  and  allowed  in  any  of  our  Courts 
whatsoever,  as  shall  be  adjudged  most  advantageous  and  favourable 
unto  the  said  William  Penn^  his  heires  and  assignes:  Provided  always 
that  no  interpretation  be  admitted  thereof  by  which  the  allegiance 
due  unto  us,  our  heires  and  Successors,  may  suffer  any  prejudice  or 
diminution;  Although  express  mention  be  not  made  in  these  pres- 
ents of  the  true  yearly  value,  or  certainty  of  the  premisses,  or  of 
any  parte  thereof,  or  of  other  gifts  and  grants  made  by  us  our  pro- 
genitors or  predecessors  unto  the  said  William  Perm:  Any  Statute, 
Act,  ordinance,  provision,  proclamation,  or  restraint  heretofore  had, 
made,  published,  ordained  or  provided,  or  any  other  thing,  cause,  or 
matter  whatsoever,  to  the  contrary  thereof  in  any  Avise  notwith- 
standing. 

In  witness,  &c. 

Given  under  our  Privy  Seale  at  our  Palace  of  Westminster  the 
Eight  and  Twentieth  day  of  February  in  the  Three  and  Thirtyeth 
Yeare  of  Our  Reigne. 

I.  Mathew.« 


CONCESSIONS  TO  THE  PROVINCE  OF  PENNSYLVANIA— 1681  * 

Certain  conditions,  or  concessions,  agreed  upon  hy  William  Penn, 
Proprietary  and  Governor  of  the  province  of  Pennsylvania^  and 
those  who  are  the  adventurers  and  purchasers  in  the  same  province^ 
the  eleventh  of  July^  one  thousand  six  hundred  and  eighty-one, 

FIRST 

That  so  soon  as  it  pleaseth  God  that  the  abovesaid  persons  arrive 
there,  a  certain  quantity  of  land,  or  ground  plat,  shall  be  laid  out,  for 
a  large  town  or  city,  in  the  most  convenient  place,  upon  the  river,  for 
health  and  navigation;  and  every  purchaser  and  adventurer  shall, 
by  lot,  have  so  much  land  therein  as  will  answer  to  the  proportion, 
which  he  hath  bought,  or  taken  up,  upon  rent:  but  it  is  to  be  noted, 
that  the  surveyors  shall  consider  what  roads  or  high-ways  will  be 
necessary  to  the  cities,  towns,  or  through  the  lands.  Great  roads 
from  city  to  city  not  to  contain  less  than  forty  foot,  in  breadth,  shall 
be  first  laid  out  and  declared  to  be  for  high-ways,  before  the  dividend 
of  acres  be  laid  out  for  the  purchaser,  and  the  like  observation  to  be 
had  for  the  streets  in  the  towns  and  cities,  that  there  may  be  con- 
venient roads  and  streets  preserved,  not  to  be  encroached  upon  by  any 
planter  or  builder,  that  none  may  build  irregularly  to  the  damage 
of  another.     In  this^  custom  governs. 

II.  That  the  land  in  the  town  be  laid  out  together  after  the  pro- 
portion of  ten  thousand  acres  of  the  whole  country,  that  is,  two  hun- 

*  Votes  and  Proceedings  of  the  House  of  Representatives  of  the  Province  of 
Pennsylvania,  beginning  the  Fourth  Day  of  Deceml)er,  1(382,  vol.  I,  Philadel- 
phia, printed  and  sold  my  B.  Franklin,  and  D.  Hall,  at  the  New-Printing-Offlce 
near  the  market,  MDCCLII,  pp.  xxiv-xxvi. 

«This  Charter  passed  the  Great  Seal  on  the  fourth  of  March,  which  date  is 
usually  given  as  the  date  of  the  instrument. — Editor. 


Pennsylvania — 1681  3045 

dred  acres,  if  the  place  will  bear  it:  however,  that  the  proportion  be 
by  lot,  and  entire,  so  as  those  that  desire  to  be  together,  especially 
those  that  are,  by  the  catalogue,  laid  together,  may  be  so  laid  together 
both  in  the  town  and  country. 

III.  That,  when  the  country  lots  are  laid  out,  every  purchaser, 
from  one  thousaiid^  to  ten  thousand  acres,  or  more,  not  to  have  above 
one  thousand  acres  together,  unless  in  three  years  they  plant  a  family 
upon  every  thousand  acres;  but  that  all  such  as  purchase  together, 
lie  together ;  and,  if  as  many  as  comply  with  this  condition,  that  the 
whole  be  laid  out  together. 

IV.  That,  where  any  number  of  purchasers,  more  or  less,  whose 
number  of  acres  amounts  to  -fioe  or  ten  thousand  acres,  desire  to  sit 
together  in  a  lot,  or  township,  they  shall  have  their  lot,  or  township, 
cast  together,  in  such  places  as  have  convenient  harbours,  or  navigable 
rivers  attending  it,  if  such  can  be  found;  and  in  case  any  one  or 
more  purchasers  plant  not  according  to  agreement,  in  this  concession, 
to  the  prejudice  of  others  of  the  same  township,  upon  complaint 
thereof  made  to  the  Governor,  or  his  Deputy,  with  assistance,  they 
may  award  (if  they  see  cause)  that  the  complaining  purchaser  may, 
paying  the  survey  money,  and  purchase  money,  and  interest  thereof, 
be  entitled,  enrolled  and  lawfully  invested,  in  the  lands  so  not  seated. 

V.  That  the  proportion  of  lands,  that  shall  be  laid  out  in  the  first 
great  town,  or  city,  for  every  purchaser,  shall  be  after  the  proportion 
of  ten  acres  for  every  -five  hundred  acres  purchased,  if  the  place  will 
allow  it. 

VI.  That  notwithstanding  there  be  no  mention  made,  in  the  sev- 
eral deeds  made  to  the  purchasers;  yet  the  said  William  Penn  does 
accord  and  declare,  that  all  rivers,  rivulets,  woods,  and  underwoods, 
waters,  watercourses,  quarries,  mines,  and  minerals,  (except  mines 
royal)  shall  be  freely  and  fully  enjoyed,  and  wholly  by  the  pur- 
chasers, into  whose  lot  they  fall. 

VII.  That,  for  every  f^fty  acres,  that  shall  be  allotted  to  a  servant, 
at  the  end  of  his  service,  his  quit-rent  shall  be  two  shillings  per 
annum,  and  the  master,  or  owner  of  the  servant,  when  he  shall  take 
up  the  other  -fifty  acres ^  his  quit-rent,  shall  be  four  shillings  by  the 
year,  or,  if  the  master  of  the  servant  (by  reason  in  the  indentures  he 
is  so  obliged  to  do)  allot  out  to  the  servant  fifty  acres  in  his  own 
division,  the  said  master  shall  have,  on  demand,  allotted  him,  from 
the  governor,  the  one  hundred  acres,  at  the  chief  rent  of  six  shillings 
per  annum. 

VIII.  And,  for  the  encouragement  of  such  as  are  ingenious  and 
willing  to  search  out  gold  and  silver  mines  in  this  province,  it  is 
hereby  agreed,  that  they  have  liberty  to  bore  and  dig  in  any  man's 
property,  fully  paying  the  damages  done;  and  in  case  a  discovery 
should  be  made,  that  the  discoverer  have  one-fifth^  the  owner  of  the 
soil  (if  not  the  discoverer)  a  tenth  part,  the  Governor  two-fifths,  and 
the  rest  to  the  public  treasury,  saving  to  the  king  the  share  reserved 
by  patent. 

IX.  In  every  hundred  thousand  acres,  the  Governor  and  Pro- 
prietary, by  lot,  reserveth  ten  to  himself,  what  shall  lie  but  in  one 
place. 

X.  That  every  man  shall  be  bound  to  plant,  or  man,  so  much  of 
his  share  of  land  as  shall  be  set  out  and  surveyed,  within  three  years 
after  it  is  so  set  out  and  surveyed,  or  else  it  shall  be  lawful  for  new 


3046  Pennsylvania — 1681 

comers  to  be  settled  thereupon,  paying  to  them  their  survey  money, 
and  they  go  up  higher  for  their  shares. 

XI.  There  shall  be  no  buying  and  selling,  be  it  with  an  Indian,  or 
one  among  another,  of  any  goods  to  be  exported,  but  what  shall  be 
performed  in  public  market,  when  such  places  shall  be  set  apart,  or 
erected,  where  they  shall  pass  the  public  stamp,  or  mark.  If  bad 
ware,  and  prized  as  good,  or  deceitful  in  proportion  or  weight,  to 
forfeit  the  value,  as  if  good  and  full  weight  and  proportion,  to  the 
public  treasury  of  this  province,  whether  it  be  the  merchandize  of  the 
Indian,  or  that  of  the  planters. 

XII.  And  forasmuch,  as  it  is  usual  with  the  planters  to  over-reach 
the  poor  natives  of  the  country,  in  trade,  by  goods  not  being  good 
of  the  kind,  or  debased  with  mixtures,  with  which  they  are  sensibly 
aggrieved,  it  is  agreed,  whatever  is  sold  to  the  Indians,  in  considera- 
tion of  their  furs,  shall  be  sold  in  the  market  place,  and  there  suffer 
the  test,  whether  good  or  bad;  if  good,  to  pass;  if  not  good,  not  to 
be  sold  for  good,  that  the  natives  may  not  be  abused,  nor  provoked. 

XIII.  That  no  man  shall,  by  any  ways  or  means,  in  word,  or  deed, 
affront,  or  wrong  any  Indian,  but  he  shall  incur  the  same  penalty  of 
the  law,  as  if  he  had  committed  it  against  his  fellow  planter,  and  if 
any  Indian  shall  abuse,  in  word,  or  deed,  any  planter  of  this  province, 
that  he  shall  not  be  his  own  judge  upon  the  Indian,  but  he  shall  make 
his  complaint  to  the  governor  of  the  province,  or  his  lieutenant,  or 
deputy,  or  some  inferior  magistrate  near  him,  who  shall,  to  the  utmost 
of  his  power,  take  care  with  the  king  of  the  said  Indian,  that  all 
reasonable  satisfaction  be  made  to  the  said  injured  planter. 

XIV.  That  all  differences,  between  the  planters  and  the  natives, 
shall  also  be  ended  by  twelve  men,  that  is,  by  six  planters  and  six 
natives ;  that  so  we  may  live  friendly  together  as  much  as  in  us  lieth, 
preventing  all  occasions  of  heart-burnings  and  mischief. 

XV.  That  the  Indians  shall  have  liberty  to  do  all  things  relating  to 
improvement  of  their  ground,  and  providing  sustenance  for  their 
families,  that  any  of  the  planters  shall  enjoy. 

XVI.  That  the  laws,  as  to  slanders,  drunkenness,  swearing,  cursing, 
pride  in  apparel,  trespasses,  distriesses,  replevins,  weights,  and  meas- 
ures, shall  be  the  same  as  in  England,  till  altered  by  law  in  this 
province. 

XVII.  That  all  shall  mark  their  hogs,  sheep  and  other  cattle,  and 
what  are  not  marked  within  three  months  after  it  is  in  their  posses- 
sion, be  it  young  or  old,  it  shall  be  forfeited  to  the  governor,  that  so 
people  may  be  compelled  to  avoid  the  occasions  of  much  strife  between 
planters. 

XVIII.  That,  in  clearing  the  ground,  care  be  taken  to  leave  one 
acre  of  trees  for  every  five  acres  cleared,  especially  to  preserve  oak 
and  mulberries,  for  silk  and  shipping. 

XIX.  That  all  ship-masters  shall  give  an  account  of  their  countries, 
names,  ships,  owners,  freights  and  passengers,  to  an  officer  to  be 
appointed  for  that  purpose,  which  shall  be  registered  within  two 
days  after  their  arrival,  and  if  they  shall  refuse  so  to  do,  that  then 
none  presume  to  trade  with  them,  upon  forfeiture  thereof;  and  that 
such  masters  be  looked  upon  as  having  an  evil  intention  to  the  prov- 
ince. 

XX!  That  no  person  leave  the  province,  without  publication  being 
made  thereof ,  in  the  market  place,  three  weeks  before,  and  a  certificate 


Pennsylvania— 168^  3047 

from  some  justice  of  the  peace,  of  his  clearness  with  his  neighbours 
and  those  he  dealt  withal,  so  far  as  such  an  assurance  can  be  attained 
and  given :  and  if  any  master  of  a  ship  shall,  contrary  hereunto,  re- 
ceive and  carry  away  any  person,  that  hath  not  given  that  public 
notice,  the  said  master  shall  be  liable  to  all  debts  owing  by  the  said 
person,  so  secretly  transported  from  the  province. 

Lastly,  That  these  are  to  be  added  to,  or  corrected,  by  and  with 
the  consent  of  the  parties  hereunto  subscribed. 

William  Penn. 
Sealed  and  delivered  in  the  presence  of — 
William  Boelham, 
Harbert  Springet, 
Thomas  Prudyard. 

Sealed  and  delivered  in  the  presence  of  all  of  the  proprietors,  who 
have  hereunto  subscribed,  except  Thomas  Farrinborrough  and  John 
Goodson,  in  presence  of — 

Hugh   Chamberlen,  William  Powel, 

K.  Murray,  Eichard  Davie, 

Harbert  Springet,  Griffith  Jones, 

Humphrey  South,  Hugh  Lambe, 

Thomas  Barker,  Thomas  Farrinborrough, 

Samuel  Jobson,  John  Goodson. 

John  Joseph  Moore, 


PENN'S  CHARTER  OF  LIBERTIES— 1682  * 

To  ALL  PEOPLE  to  whom  these  presents  shall  come  WHEREAS 
King  Charles  the  second  by  his  Letters,  Patents  under  the  Great  Seal 
of  England  for  the  Considerations  therein  mentioned  hath  been  gra- 
ciously pleased  to  give  and  grant  unto  me  William  Penn  (By  the 
name  of  William  Penn  EsqV  son  and  heir  of  Sr.  William  Penn  de- 
ceased) and  to  my  heirs  and  assies  forever  ALL  that  tract  of  land 
or  province  called  Pennsilvania  in  America  with  divers  Great  Pow- 
ers Preheminencies  Royalties  Jurisdictions  and  Authorities  neces- 
sary for  the  Well  being  and  Government  thereof  now  know  ye  That 
for  the  Weill  Being  and  Government  of  the  said  Province  and  for 
the  Encouragement  of  all  the  ffreeman  and  Planters  that  may  be 
therein  concerned  in  pursuance  of  the  powers  afore  mentond  I  the 
said  William  Penn  have  declared  Granted  and  Confirmed  and  by 
these  presents  for  me  my  heirs  and  Assigns  do  declare  grant  and  Con- 
firm unto  all  the  ffreemen  Planters  and  Adventurers  of  in  and  to  the 
said  Province  those  Liberties  fFranchises  and  properties  to  be  held 
Enjoyed  and  Kept  by  the  Freemen  Planters  and  Inhabitants  of  and 
in  the  said  province  of  Pennsilvania  forever. 

"  Imprimis  " — THAT  the  Government  of  this  Province  shall  ac- 
cording to  the  Powers  of  the  Patent  consist  of  the  Governour  and 
fFreemen  of  the  said  Province  in  the  fform  of  a  Provincial  Council 
and  General  Assembly  by  whom  all  Laws  Shall  be  made  Officers 

*  Verefied  by  Francis  N.  Thorpe,  March  11,  1893,  from  the  original  Charter, 
at  that  time  in  the  possession  of  Dr.  Edward  Maris,  1106  Pine  Street,  Phila- 
delphia. 


3048  Pennsylvania— 1682 

Chosen  and  publick  affairs  Transacted  and  is  hereafter  Respectively 
declared  That  is  to  say 

2.  That  the  ffreemen  of  the  said  Province  shall  on  the  Twentieth 
day  of  the  Twelfth  Month  which  shall  be  in  this  present  year  One 
Thousand  Six  hundred  Eighty  and  two  Meet  and  Assemble  in 
some  fit  place  of  which  timely  notice  shall  be  beforehand  given  by 
the  Governour  or  his  deputies  and  then  and  there  shall  chuse  of  them- 
selvs  Seventy-Two  persons  of  most  note  for  their  Wisdom  Virtue 
and  Ability  who  shall  meet  on  the  Tenth  day  of  the  ffirst  month  next 
ensuing  and  always  b^  called  and  act  as  the  Provincial  Councill  of 
the  said  province. 

3.  That  at  the  ffirst  Choice  of  such  Provincial  Council  One  Third 
part  of  the  said  Provincial  Council  shall  be  Chosen  to  serve  for  Three 
years  then  next  ensuing  one  Third  part  for  Two  years  then  next  ensu- 
ing and  one  Third  part  for  one  year  then  next  following  such  Election 
and  no  longer  and  that  the  said  Third  part  shall  go  out  accordingly 
AND — on  the  Twentieth  day  of  the  Twelfth  month  aforesaid  yearly 
forever  afterward  the  ffreemen  of  the  said  province  shall  in  like 
manner  Meet  and  Assemble  together  and  then  Chuse  Twenty  ffour 
persons  being  one  Third  of  the  said  Number  to  serve  in  provincial 
Council  for  Three  years  it  being  intended  that  one  Third  of  the  whole 
provincial  Council  (always  consisting  and  to  consist  of  seventy  two 
persons  as  aforesaid)  falling  off  yearly  it  shall  be  yearly  supplied 
by  such  new  yearly  Eleccons  as  aforesaid  and  that  no  one  person  shall 
continue  therein  longer  than  Three  years  And  in  Case  any  member 
shall  decease  before  the  Last  Eleccon  during  his  time  that  then  at  the 
next  Eleccon  ensuing  his  decease  another  shall  be  chosen  to  Supply 
his  place  for  the  remaining  time  he  was  to  have  served  and  no  longer. 

4.  That — After  the  ffirst  Seven  years  every  one  of  the  said  Third 
parts  that  goeth  yearly  off  shall  be  un capable  of  being  Chosen  again 
for  one  whole  year  following  that  so  all  may  be  fitted  for  the  Govern- 
ment and  have  Experience  of  the  Care  and  burthen  of  it. 

5.  That — In  the  provincial  Council  in  all  Cases  and  matters  of 
moment  as  There  agreeing  upon  Bills  to  be  passed  into  Laws  Exort- 
ing  Courts  of  Justice  having  Judgment  upon  criminals  Impeached 
and  choice  of  Officers  in  such  manner  as  is  herein  after  menconed 
Not  lesse  than  Two  Thirds  of  the  whole  Provincial  Council  shall 
make  a  Quorum  and  that  the  Consent  and  approbaton  of  Two  Thirds 
of  said  Quorum  shall  be  had  in  all  such  Cases  or  matters  of  Moment. 
And  moreover  that  in  all  cases  and  matters  of  lesser  moment  Twenty- 
ffour  members  of  the  said  Provincial  Council  shall  make  a  quorum 
The  Majority  of  which  ffour  and  Twenty  shall  and  may  always 
determine  on  such  Cases  and  Causes  of  Lesser  moment. 

6.  That — In  this  Provincial  Council  the  Governour  or  his  deputies 
shall  or  may  always  preside  and  have  a  treble  Voice.  And  the  said 
Provincial  Council  shall  always  Continue  and  Sit  upon  its  own  Ad- 
journments and  Committees. 

7.  That — The  Governour  and  Provincial  Council  shall  prepare 
and  propose  to  the  General  Assembly  hereinafter  menconed  all  Bills 
which  they  shall  at  any  time  think  fit  to  be  past  into  Laws  within  the 
said  Province  which  Bills  shall  be  publisht  and  Affixed  to  the  most 
noted'  places  in  the  inhabited  parts  thereof  Thirty  days  before  the 
meeting  of  the  General  Assembly  in  order  to  the  passing  of  them  into 
laws  or  Rejecting  of  them  as  the  General  Assembly  shall  see  meet. 


Pennsylvania— 1682  3049 

8.  That — The  Governour  and  Provincial  Council  shall  take  Care 
that  all  Laws  Statutes  and  Ordinances  which  shall  at  any  time  be 
made  within  the  said  Province  be  duly  and  diligently  executed. 

9.  That — The  Governour  and  Provincial  Council  shall  at  all  times 
have  the  Care  of  the  peace  and  Safety  of  the  Province  and  that  noth- 
ing be  by  any  person  Attempted  to  the  subversion  of  this  fframe  of 
Government. 

10.  That — The  Governour  and  Provincial  Council  shall  at  all  times 
settle  and  order  the  Situation  of  all  Cities  ports  and  Market  towns  in 
every  County  modelling  therein  all  publick  buildings  Streets  and 
Market  places  and  shall  appoint  all  necessary  roads  and  highways  in 
the  province. 

11.  That — The  Governour  and  Provincial  Council  shall  at  all  times 
have  power  to  inspect  the  management  of  the  public  Treasury  and 
punish  those  who  shall  Convert  any  part  thereof  to  any  other  use  than 
what  hath  been  Agreed  upon  by  the  Governour  Provincial  Council 
and  General  Assembly. 

12.  That — The  Governour  and  Provincial  Council  shall  Erect  and 
order  all  publick  Schools  and  incourage  and  Keward  the  Authors  of 
usefull  Science  and  Laudable  Inventons  in  the  said  province. 

13.  That — For  the  better  management  of  the  powers  and  Trust 
aforesaid  the  Provincial  Council  shall  from  time  to  time  divide  itself 
into  fFour  Distinct  and  proper  Committees  for  the  more  Easie  Admin- 
istration of  the  Affairs  of  the  province  which  divides  the  Seventy 
Two  into  ffour  Eighteens  Every  one  of  w^hich  Eighteens  shall  consist 
of  Six  out  of  each  of  the  Three  Orders  or  yearly  Eleccons — Each  of 
which  shall  have  a  distinct  portion  of  business  as  followeth  A  Com- 
mittee of  plant atons  to  situate  and  settle  cities  ports  and  Market- 
towns  and  highways  and  to  hear  and  decide  all  Suits  and  Controver- 
sies relating  to  Plantatons.  A  Committee  of  Justice  and  Safety  to 
secure  the  peace  of  the  province  and  punish  the  Male  [mal-]  Admin- 
istration of  those  who  subvert  Justice  to  the  prejudice  of  the  publick 
and  private  Interest.  A  Committee  of  Trade  and  Treasury  who 
Shall  Regulate  all  Trade  and  Commerce  according  to  Laws  encourage 
Manufacture  and  Country-growth  and  defray  the  publick  Charge  of 
the  province.  And  a  Committee  of  manners  Education  and  Arts 
that  all  Wicked  and  scandalous  Living  may  be  prevented  and  that 
Youth  may  be  successively  trained  up  in  Virtue  and  useful  Knowll- 
edge  and  Arts.  The  Quorum  of  each  of  w^hich  Committees  being  six 
that  is  Two  out  of  each  of  the  three  orders  or  yearly  eleccons  as  afore- 
said make  a  Constant  or  Standing  Council  of  ifour  and  Twenty 
which  shall  have  the  power  of  the  Provincial  Council  being  the 
Quorum  of  it  in  all  Cases  not  excepted  in  the  fRfth  Article.  And  in 
the  said  committees  and  standing  Council  of  the  Province  the  Gov- 
ernour or  his  deputy  shall  or  may  preside  as  aforesaid.  And  in  the 
Absence  of  the  Governour  or  his  deputy  if  no  one  is  by  either  of  them 
appointed  the  said  Committees  or  Council  shall  appoint  a  President 
for  that  time  and  not  otherwise  and  what  shall  be  Resolved  at  such 
Committees  shall  be  reported  to  the  said  Council  of  the  Province  and 
shall  be  by  them  resolved  and  confirmed  before  the  same  shall  be  put 
in  Execution  And  that  these  Respective  Committees  shall  not  sit  at 
one  and  the  same  time  except  in  Cases  of  necessity. 

14.  And  to  the  End  that  all  Laws  prepared  by  the  Governour  and 
Provincial  Council  aforesaid  may  yet  have  the  more  full  Concur- 


3050  Pennsylvania — 1S82 

rence  of  the  ffreemen  of  the  Province  It  is  declared  granted  and  con- 
firmed that  at  the  time  and  place  or  places  for  the  Choice  of  a  Pro- 
vincial Council  as  aforesaid  the  said  Freemen  shall  yearly  chuse  to 
serve  in  a  General  Assembly  as  their  representatives  not  exceeding 
Two  hundred  persons  who  shall  yearly  meet  on  the  Twentieth  day 
of  the  Second  Month  in  the  Capital  Town  or  City  of  the  said  province 
where  during  Eight  days  the  several  members  may  freely  confer 
with  one  another  and  if  any  of  them  see  meet  with  a  Committee  of 
the  Provincial  Council  consisting  of  Three  out  of  each  of  the  ifour 
Committees  aforesaid  being  Twelve  in  all  which  shall  be  at  that  time 
purposely  appointed  to  secuir  from  any  of  them  proposals  for  the 
Alteration  or  Amendment  of  any  of  the  said  proposed  and  promul- 
gated Bills  and  on  the  ninth  day  from  their  meeting  the  said  General 
Assembly  after  the  reading  over  of  the  proposed  Bills  by  the  Clerk 
of  the  Provincial  Council  and  the  occasion  and  motives  for  them 
being  opened  by  the  Governour  or  his  Deputy  shall  give  their  Affirm- 
ative or  Negative  which  to  them  seemeth  best  in  such  manner  as 
hereafter  is  exprest.  But  not  less  than  two  thirds  shall  make  a 
Quorum  in  the  passing  of  Laws  and  Choice  of  such  Officers  as  are 
by  them  to  be  chosen. 

15.  That — The  Laws  so  prepared  and  proposed  as  aforesaid  that 
are  Assented  to  by  the  General  Assembly  shall  be  Enrolled  as  Laws 
of  the  province  with  this  stile  by  the  Governour  with  the  Assent  and 
Approbation  of  the  ffreemen  in  Provincial  Council  and  General 
Assembly. 

16.  That — For  the  better  Establishment  of  the  Government  and 
Laws  of  this  province  and  to  the  end  there  may  be  an  Universal 
Satisfaction  in  the  laying  of  the  ffundamentals  thereof  the  General 
Assembly  shall  or  may  for  the  ffirst  year  consist  of  all  the  ffreemen 
of  and  in  the  said  province  and  ever  after  it  shall  be  yearly  chosen 
as  aforesaid.  Which  number  of  Two  hundred  shall  be  enlarged  as 
the  Country  shall  Increase  in  people  So  as  it  do  not  exceed  ffive  hun- 
dred at  any  time  The  Appointment  and  proportoning  of  which  as 
also  the  laying  and  methodizing  of  the  choice  of  the  Provincial 
Council  and  General  Assembly  in  future  times  most  equally  to  the 
Division  of  the  Hundreds  and  Counties  which  the  Country  shall  here- 
after be  divided  into  shall  be  in  the  power  of  the  Provincial  CounciJ 
to  propose  and  the  General  Assembly  to  resolve. 

IT.  That  The  Governour  and  the  Provincial  Council  shall  from 
time  to  time  erect  Standing  Courts  of  Justice  in  such  places  and 
number  as  they  shall  Judge  Convenient  for  the  good  Government  of 
the  said  province  And  that  the  Provincial  Council  shall  on  the  Thir- 
teenth day  of  the  First  month  yearly  Elect  and  present  to  the  Gov- 
ernour or  his  Deputy  a  double  number  of  persons  to  serve  for  Judges 
Treasurers  Masters  of  the  Kolls  within  the  said  province  for  the  year 
next  ensuing.  And  the  ffreemen  of  the  said  province  in  their 
County  Courts  when  they  shall  be  erected  and  till  then  in  the  General 
Assembly  shall  on  the  Three  and  Twentieth  day  of  the  Second  Month 
yearly  Elect  and  present  to  the  Governour  or  his  Deputy  a  double 
number  of  persons  to  serve  for  Sheriffs  Justices  of  peace  and  Coro- 
nors  for  the  year  next  ensuing  Out  of  which  respective  Eleccons  and 
presentments  the  Governour  or  his  Deputy  shall  nominate  and  Com- 
missionate  the  proper  number  for  each  office  the  Third  day  after  the 
said  respective  presentments  or  else  the  first  named  in  such  present- 


Pennsylvania — 1SS2  3051 

ment  for  each  office  shall  stand  and  serve  for  that  office  the  year 
ensuing. 

18.  But  for  as  much  as  the  present  Conditon  of  the  Province  re- 
quires some  Immediate  Setlement  and  admitts  not  of  so  quick  a 
Revoluton  of  Officers  and  to  the  end  the  said  Province  may  with 
all  Convenient  speed  be  well  ordered  and  settled  I  William  Penn 
do  therefore  think  fit  to  nominate  and  appoint  Such  persons  for 
Judges  Treasurers  Masters  of  Rolls  Sheriffs  Justices  of  the  peace  and 
Coronors  as  are  most  fitly  qualified  for  those  imployments  To  whom 
I  shall  make  and  grant  Commissions  for  the  said  Offices  respectively 
TO  HOLD  to  them  to  whom  the  same  shall  be  granted  for  so  long  time 
as  every  such  person  shall  well  behave  himself  in  the  Office  or  place 
to  him  respectively  granted  and  no  longer  And  upon  the  Decease  or 
displacing  of  any  of  the  said  Officers  the  Succeeding  Officer  or  Officers 
shall  be  chosen  as  before  said. 

19.  That  the  General  Assembly  shall  continue  so  long  as  may  be 
needful  to  Impeach  Criminals  fit  to  be  there  Impeached  To  pass  Bills 
into  Laws  that  they  shall  think  fit  to  pass  into  Laws  and  till  such 
time  as  the  Governour  and  Provincial  Council  shall  declare  that 
they  have  nothing  further  to  propose  unto  them  for  their  Assent  and 
Approbation  And  that  Declaration  shall  be  a  Dismiss  to  the  General 
Assembly  for  that  time  Which  General  Assembly  shall  be  notwith- 
standing Capable  of  Assemblying  together  upon  the  summons  of  the 
Provincial  Council  at  any  time  during  that  year  if  the  said  Pro- 
vincial Council  shall  see  occasion  for  their  so  Assembling. 

20.  Tpiat — All  the  Eleccons  of  Members  or  Representatives  of  the 
people  to  serve  in  Provincial  Council  and  General  Assembly,  and  all 
Questions  to  be  determined  by  both  or  either  of  them  that  relate  to 
passing  of  bills  into  Laws  to  the  choice  of  Officers  to  Impeachments 
made  by  the  General  Assembly  and  Judgment  of  Criminals  upon 
such  Impeachment  by  the  Provincial  Council  and  to  all  other  Cases 
by  them  respectively  Judged  of  Importance  Shall  be  resolved  and 
determined  by  the  ballott  And  unless  on  suddain  and  Indispensable 
Occasions  no  business  in  Provincial  Council  or  its  respective  Com- 
mittees shall  be  finally  determined  the  same  day  that  it  is  moved. 

21.  And  that  at  all  times  when  and  so  often  as  it  shall  happen 
that  the  Governour  shall  or  may  be  an  Infant  under  the  Age  of  one 
and  Twenty  years  and  no  Guardians  or  Commissioners  are  appointed 
in  Writing  by  the  ffather  of  said  Infant  or  that  Such  Guardians  or 
Commissioners  shall  be  deceased  that  during  such  Minority  the 
Provincial  Council  shall  from  tiiiie  to  time  as  they  shall  see  meet 
Constitute  and  Appoint  Guardians  and  Commissions  not  exceeding 
Three  One  of  which  Three  shall  preside  as  Deputy  and  Chief  Guard- 
ian during  such  Minority  and  shall  have  and  Execute  with  the  con- 
sent of  the  other  Two  all  the  powers  of  a  Governour  in  all  publick 
Affairs  and  Concerns  of  the  said  province. 

22.  That — as  often  as  any  day  of  the  month  mentoned  in  any 
Article  of  this  Charter  shall  fall  on  the  First  day  of  the  Week  com- 
monly called  the  Lord's  day  the  Business  appointed  for  that  day 
shall  be  differred  till  the  next  day  unless  in  Case  of  Emergency. 

23.  That — no  act  Law  or  Ordinance  whatsoever  shall  at  any  time 
hereafter  be  made  or  done  by  the  Governour  of  this  Province  his  heirs 
or  Assigns  or  by  the  ffreemen  in  the  Provincial  Council  or  the  Gen- 
eral Assembly  to  Alter  Change  or  Diminish  the  fform  or  Effect  of 


3052  Pennsylvania— 168^ 

this  Charter  or  any  part  or  Clause  thereof  or  contrary  to  the  true 
Intent  and  meaning  thereof  without  the  Consent  of  the  Governour 
his  heirs  or  Assigns  and  six  parts  of  seven  of  the  said  ffreemen  in 
Provincial  Council  and  General  Assembly. 

24.  And  lastly  that  I  the  said  William  Penn  for  myself  my  heirs 
and  Assigns  have  Solemnly  declared  granted  and  confirmed  and  do 
hereby  solemnly  declare  grant  and  confirm  that  neither  I  my  heirs 
nor  Assigns  shall  procure  or  do  anything  or  things  whereby  the  Lib- 
erties in  this  Charter  contained  and  expressed  shall  be  Infringed  or 
broken  And  if  anything  be  procured  by  any  person  or  persons  con- 
trary to  these  premises  it  shall  be  held  of  no  force  or  Effect.  In 
WITNESS  whereof  I  the  said  William  Penn  have  unto  this  present 
Charter  of  Liberties  Set  my  hand  and  Broad  Seal  this  ffive  and 
Twentieth  day  of  the  Second  Month  vulgarly  called  April  in  the  year 
of  our  Lord  One  Thousand  Six  Hundred  Eighty  and  Two. 

Wm.  Penn. 

Signed  sealed  and  delivered  by  the  within  named  William  Penn  as 
his  Act  and  Deed  in  the  presence  of 

Christopher  Taylor  James  Claypoole 

Charles  Lloyd  Frans  Plu3isted 

William  Gibson  Thomas  Barker 

KiCHARD  Da  vies  Philip  Ford 

N.  MooRE  Edward  Pritchard 

Tho.  Rudyard  Andrew  Sowxe 
Harb.  Springett 


FRAME  OF  GOVERNMENT  OF  PENNSYLVANIA— 1682  * 

The  frame  of  the  government  of  the  province  of  Pensilvania,  in 
America:  together  with  certain  laws  agreed  upon  in  England,  hy 
the  Governor  and  divers  freemev.  of  the  aforesaid  province.  To  he 
further  explained  and  confirmed  there^  hy  the  first  provincial  Coun- 
cil^ that  shall  he  held^  if  they  see  meet. 

TPIE    PREFACE 

When  the  great  and  wise  God  had  made  the  world,  of  all  his  crea- 
tures, it  pleased  him  to  chuse  man  his  Deputy  to  rule  it:  and  to  fit 
him  for  so  great  a  charge  and  trust,  he  did  not  only  qualify  him  with 
skill  and  power,  but  with  integrity  to  use  them  justly.  This  native 
goodness  was  equally  his  honour  and  his  happiness;  and  whilst  he 
stood  here,  all  went  well ;  there  was  no  need  of  coercive  or  compulsive 
means;  the  precept  of  divine  love  and  truth,  in  his  bosom,  was  the 
guide  and  keeper  of  his  innocency.  But  lust  prevailing  against  duty, 
made  a  lamentable  breach  upon  it;  and  the  law,  that  before  had  no 
power  over  him,  took  place  upon  him,  and  his  disobedient  posterity, 
that  such  as  would  not  live  comformable  to  the  holy  law  within, 
should  fall  under  the  reproof  and  correction  of  the  just  law  without, 
in  a  judicial  administration. 

*  From  Votes  and  Proceedings,  note  &,  ante,  p.  3044,  pp.  xxvii,  xxviii. 


Pennsylvania — 168^  3053 

This  the  Apostle  teaches  in  divers  of  his  epistles:  "  The  law  (says 
he)  was  added  because  of  transgression  :  "  In  another  place,  "  Know- 
ing that  the  law  was  not  made  for  the  righteous  man;  but  for  the 
disobedient  and  ungodly,  for  sinners,  for  unholy  and  prophane,  for 
murderers,  for  whoremongers,  for  them  that  defile  themselves  with 
mankind,  and  for  man-stealers,  for  lyers,  for  perjured  persons,"  &c., 
but  this  is  not  all,  he  opens  and  carries  the  matter  of  government  a 
little  further:  "  Let  every  soul  be  subject  to  the  higher  powers;  for 
there  is  no  power  but  of  God.  The  powers  that  be  are  ordained  of 
Ood:  whosoever  therefore  resisteth  the  power,  resisteth  the  ordinance 
of  God.  For  rulers  are  not  a  terror  to  good  works,  but  to  evil :  wilt 
thou  then  not  be  afraid  of  the  power?  do  that  which  is  good,  and 
thou  shalt  have  praise  of  the  same."  "  He  is  the  minister  of  God  to 
thee  for  good."  "  Wherefore  ye  must  needs  be  subject,  not  only  for 
wrath,  but  for  conscience  sake." 

This  settles  the  divine  right  of  government  beyond  exception,  and 
that  for  two  ends:  first,  to  terrify  evil  doers:  secondly,  to  cherish 
those  that  do  well ;  w^hich  gives  government  a  life  beyond  corruption, 
and  makes  it  as  durable  in  the  world,  as  good  men  shall  be.  So  that 
government  seems  to  me  a  part  of  religion  itself,  a  thing  sacred  in  its 
institution  and  end.  For,  if  it  does  not  directly  remove  the  cause, 
it  crushes  the  effects  of  evil,  and  is  as  such,  (though  a  lower,  yet) 
an  emanation  of  the  same  Divine  Power,  that  is  both  author  and 
object  of  pure  religion;  the  difference  lying  here,  that  the  one  is 
more  free  and  mental,  the  other  more  corporal  and  compulsive  in  its 
operations:  but  that  is  only  to  evil  doers;  government  itself  being 
otherwise  as  capable  of  kindness,  goodness  and  charity,  as  a  more 
private  society.  They  weakly  err,  that  think  there  is  no  other  use 
of  government,  than  correction,  which  is  the  coarsest  part  of  it :  daily 
experience  tells  us,  that  the  care  and  regulation  of  many  other  affairs, 
more  soft,  and  daily  necessary,  make  up  much  of  the  greatest  part 
of  government;  and  which  must  have  followed  the  peopling  of  the 
world,  had  Adam  never  fell,  and  will  continue  among  men,  on  earth, 
under  the  highest  attainments  they  may  arrive  at,  by  the  coming  of 
the  blessed  Second  Adam,  the  Lord  from  heaven.  Thus  much  of 
government  in  general,  as  to  its  rise  and  end. 

For  particular  frames  and  models,  it  will  become  me  to  say  little; 
and  comparatively  I  will  say  nothing.    My  reasons  are : 

First.  That  the  age  is  too  nice  and  difficult  for  it ;  there  being  noth- 
ing the  wits  of  men  are  more  busy  and  divided  upon.  It  is  true, 
they  seem  to  agree  to  the  end,  to  wit,  happiness;  but,  in  the  means, 
they  differ,  as  to  divine,  so  to  this  human  felicity;  and  the  cause  is 
much  the  same,  not  always  want  of  light  and  knowledge,  but  want 
of  using  them  rightly.  Men  side  with  their  passions  against  their 
reason,  and  their  sinister  interests  have  so  strong  a  bias  upon  their 
minds,  that  they  lean  to  them  against  the  good  of  the  things  they 
know. 

Secondly.  I  do  not  find  a  model  in  the  world,  that  time,i)lace,  and 
some  singular  emergences  have  not  necessarily  altered ;  nor  is  it  easy 
to  frame  a  civil  government,  that  shall  serve  all  places  alike. 

Thirdly.  I  know  what  is  said  by  the  several  admirers  of  monarchy, 
aristocracy  and  democracy,  which  are  the  rule  of  one,  a  few,  and 
many,  and  are  the  three  common  ideas  of  government,  when  men  dis- 


3054  Pennsylvania — 1682 

course  on  the  subject.  But  I  chuse  to  solve  the  controversy  with  this 
small  distinction,  and  it  belongs  to  all  three :  Any  government  is  free 
to  the  people  U7ider  it  (whatever  be  the  frame)  where  the  laws  rule^ 
and  the  people  are  a  party  to  those  laws,  and  more  than  this  is 
tyranny,  oligarchy,  or  confusion. 

But,  lastly,  when  all  is  said,  there  is  hardly  one  frame  of  govern- 
ment in  the  world  so  ill  designed  by  its  first  founders,  that,  in  good 
hands,  would  not  do  W^ell  enough ;  and  story  tells  us,  the  best,  in  ill 
ones,  can  do  nothing  that  is  great  or  good ;  witness  the  Jewish  and 
Roman  states.  Governments,  like  clocks,  go  from  the  motion  men 
give  them;  and  as  governments  are  made  and  moved  by  men,  so  by 
them  they  are  ruined  too.  Wherefore  governments  rather  depend 
upon  men,  than  men  upon  governments.  Let  men  be  good,  and  the 
government  cannot  be  bad ;  if  it  be  ill,  they  will  cure  it.  But,  if  men 
be  bad,  let  the  government  be  never  so  good,  they  will  endeavor  to 
warp  and  spoil  it  to  their  turn. 

I  know  some  say,  let  us  have  good  laws,  and  .no  matter  for  the  men 
that  execute  them :  but  let  them  consider,  that  though  good  laws  do 
w^ell,  good  men  do  better :  for  good  laws  may  want  good  men,  and  be 
abolished  or  evaded  [invaded  in  Franklin's  print]  by  ill  men;  but 
good  men  will  never  want  good  laws,  nor  suffer  ill  ones.  It  is  true, 
good  laws  have  some  awe  upon  ill  ministers,  but  that  is  where  they 
have  not  power  to  escape  or  abolish  them,  and  the  people  are  gener- 
ally wise  and  good:  but  a  loose  and  depraved  people  (which  is  the 
question)  love  laws  and  an  administration  like  themselves.  That, 
therefore,  which  makes  a  good  constitution,  must  keep  it,  viz:  men 
of  wisdom  and  virtue,  qualities,  that  because  they  descend  not  with 
worldly  inheritances,  must  be  carefully  propagated  by  a  virtuous 
education  of  youth;  for  which  after  ages  will  owe  more  to  the  care 
and  prudence  of  founders,  and  the  successive  magistracy,  than  to 
their  parents,  for  their  private  patrimonies. 

These  considerations  of  the  weight  of  government,  and  the  nice 
and  various  opinions  about  it,  made  it  uneasy  to  me  to  think  of  pub- 
lishing the  ensuing  frame  and  conditional  laws,  forseeing  both  the 
censures,  they  will  meet  with,  from  men  of  differing  humours  and 
engagements,  and  the  occasion  they  may  give  of  discourse  beyond  my 
design. 

But,  next  to  the  power  of  necessity,  (which  is  a  solicitor,  that  will 
take  no  denial)  this  induced  me  to  a  compliance,  that  we  have  (with 
reverence  to  God,  and  good  conscience  to  men)  to  the  best  of  our 
skill,  contrived  and  composed  the  frame  and  laws  of  this  government, 
to  the  great  end  of  all  government,  viz :  To  support  power  in  rever- 
ence with  the  people,  and  to  secure  the  people  from  the  abuse  of 
power;  that  they  may  be  free  by  their  just  obedience,  and  the  mag- 
istrates honourable,  for  their  just  administration :  for  liberty  with- 
out obedience  is  confusion,  and  obedience  without  liberty  is  slavery. 
To  carry  this  evenness  is  partly  owing  to  the  constitution,  and  partly 
to  the  magistrac}^:  w^here  either  of  these  fail,  government  will  be 
subject  to  convulsions ;  but  where  both  are  wanting,  it  must  be  totally 
subverted;  then  where  both  meet,  the  government  is  like  to  endure. 
Which  I  humbly  pray  and  hope  God  will  please  to  make  the  lot  of 
this  oi  Pensilvania.    Amen. 

William  Penn. 


Pennsylvania — 1682  3055 

THE   FRAME,   &C. APRIL   25,   1682  * 

To  all  Persons,  to  whom  these  presents  may  come.  Whereas,  king 
Charles  the  Second,  by  his  letters  patents,  under  the  great  seal  of 
England^  bearing  date  the  fourth  day  of  March  in  the  Thirty  and 
Third  Year  of  the  King,  for  divers  considerations  therein  mentioned, 
hath  been  graciously  pleased  to  give  and  grant  unto  me  William  Penn^ 
by  the  name  of  William  Penn^  Esquire,  son  and  heir  of  Sir  William 
Penn^  deceased,  and  to  my  heirs  and  assigns  forever,  all  that  tract  of 
land,  or  Province,  called  Pensylvania^  in  America^  with  divers  great 
powers,  pre-eminences,  royalties,  jurisdictions,  and  authorities,  neces- 
sary for  the  well-being  and  government  thereof :  Now  know  ye,  that 
for  the  well-being  and  government  of  the  said  province,  and  for  the 
encouragement  of  all  the  freemen  and  planters  that  may  be  therein 
concerned,  in  pursuance  of  the  powers  aforementioned,  I,  the  said 
William  Penn,  have  declared,  granted,  and  confirmed,  and  by  these 
presents,  for  me,  my  heirs  and  assigns,  do  declare,  grant,  and  con- 
firm unto  all  the  freemen,  planters  and  adventurers  of,  in  and  to  the 
said  province,  these  liberties,  franchises,  and  properties,  to  be  held, 
enjoyed  and  kept  by  the  freemen,  planters,  and  inhabitants  of  the 
said  province  of  Pensilvania  for  ever. 

Imprimis.  That  the  government  of  this  province  shall,  according 
to  the  powers  of  the  patent,  consist  of  the  Governor  and  freemen  of 
the  said  province,  in  form  of  a  provincial  Council  and  General 
Assembly,  by  whom  all  laws  shall  be  made,  officers  chosen,  and  public 
affairs  transacted,  as  is  hereafter  respectively  declared,  that  is  to  say — 

II.  That  the  freemen  of  the  said  province  shall,  on  the  twentieth 
day  of  the  twelfth  month,  which  shall  be  in  this  present  year  one 
thousand  six  hundred  eighty  and  two,  meet  and  assemble  in  some  fit 
place,  of  which  timely  notice  shall  be  before  hand  given  by  the  Gov- 
ernor or  his  Deputy;  and  then,  and  there,  shall  chuse  out  of  them- 
selves seventy-two  persons  of  most  note  for  their  wisdom,  virtue  and 
ability,  who  shall  meet,  on  the  tenth  day  of  the  first  month  next  ensu- 
ing, and  always  be  called,  and  act  as,  the  provincial  Council  of  the 
said  province. 

III.  That,  at  the  first  choice  of  such  provincial  Council,  one-third 
part  of  the  said  provincial  Council  shall  be  chosen  to  serve  for  three 
years,  then  next  ensuing;  one-third  part,  for  two  years  then  next  en- 
suing ;  and  one-third  part,  for  one  year  then  next  ensuing  such  elec- 
tion, and  no  longer ;  and  that  the  said  third  part  shall  go  out  accord- 
ingly: and  on  the  twentieth  day  of  the  twelfth  month,  as  aforesaid, 
yearly  for  ever  afterwards,  the  freemen  of  the  said  province  shall,  in 
like  manner,  meet  and  assemble  together,  and  then  chuse  twenty-four 
persons,  being  one-third. of  the  said  number,  to  serve  in  provincial 
Council  for  three  years :  it  being  intended,  that  one-third  part  of  the 
whole  provincial  Council  (always  consisting,  and  to  consist,  of  sev- 
enty-two persons,  as  aforesaid)  falling  off  yearly,  it  shall  be  yearly 
supplied  by  such  new  yearly  elections,  as  aforesaid;  and  that  no  one 
person  shall  continue  therein  longer  than  three  years :  and,  in  case  any 
member  shall  decease  before  the  last  election  during  his  time,  that 
then  at  the  next  election  ensuing  his  decease,  another  shall  be  chosen 
to  supply  his  place,  for  the  remaining  time,  he  was  to  have  served, 
and  no  longer. 

» Idem,  pp.  xxviii-xxxli. 


3056  Pennsylvania — 1682 

IV.  That,  after  the  first  seven  years,  every  one  of  the  said  third 
parts,  that  goeth  yearly  off,  shall  be  uncapable  of  being  chosen  again 
for  one  whole  year  following:  that  so  all  may  be  fitted  for  govern- 
ment, and  have  experience  of  the  care  and  burden  of  it. 

V.  That  the  provincial  Council,  in  all  cases  and  matters  of  moment, 
as  their  arguing  upon  bills  to  be  passed  into  laws,  erecting  courts  of 
justice,  giving  judgment  upon  criminals  impeached,  and  choice  of 
officers,  in  such  manner  as  is  hereinafter  mentioned,  not  less  than  two- 
thirds  of  the  whole  provincial  Council  shall  make  a  quorum,  and  that 
the  consent  and  approbation  of  two- thirds  of  such  quorum  shall  be 
had  in  all  such  cases  and  matters  of  moment.  And  moreover  that,  in 
all  cases  and  matters  of  lesser  moment,  twentj^-four  Members  of  the 
said  provincial  Council  shall  make  a  quorum,  the  majority  of  which 
twenty-four  shall,  and  may,  always  determine  in  such  cases  and  causes 
of  lesser  moment. 

VI.  That,  in  this  provincial  Council,  the  Governor  or  his  Deputy, 
shall  or  may,  always  preside,  and  have  a  treble  voice;  and  the  said 
provincial  Council  shall  always  continue,  and  sit  upon  its  own  ad- 
journments and  committees. 

VII.  That  the  Governor  and  provincial  Council  shall  prepare  and 
propose  to  the  General  Assembly,  hereafter  mentioned,  all  bills,  which 
they  shall,  at  any  time,  think  fit  to  be  passed  into  laws,  within  the  said 
province ;  which  bills  shall  be  published  and  affixed  to  the  most  noted 
places,  in  the  inhabited  parts  thereof,  thirty  days  before  the  meeting 
of  the  General  Assembly,  in  order  to  the  passing  them  into  laws  or 
rejecting  of  them,  as  the  General  Assembly  shall  see  meet. 

.VIII.  That  the  Governor  and  provincial  Council  shall  take  care, 
that  all  laws,  statutes  and  ordinances,  which  shall  at  any  time  be  made 
within  the  said  province,  be  duly  and  diligently  executed. 

IX.  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
have  the  care  of  the  peace  and  safety  of  the  province,  and  that  noth- 
ing be  by  any  person  attempted  to  the  subversion  of  this  frame  of 
government. 

X.  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
settle  and  order  the  situation  of  all  cities,  ports,  and  market  towms  in 
every  county,  modelling  therein  all  public  buildings,  streets,  and  mar- 
ket places,  and  shall  appoint  all  necessary  roads,  and  high- ways  in  the 
province. 

XL  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
have  power  to  inspect  the  management  of  the  public  treasury,  and 
punish  those  who  shall  convert  any  part  thereof  to  any  other  use, 
than  what  hath  been  agreed  upon  by  the  Governor,  provincial  Coun- 
cil, and  General  Assembly. 

XII.  That  the  Governor  and  provincial  Council,  shall  erect  and 
order  all  public  schools,  and  encourage  and  reward  the  authors  of 
useful  sciences  and  laudable  inventions  in  the  said  province. 

XIII.  That,  for  the  better  management  of  the  powers  and  trust  afore- 
said, the  provincial  Council  shall,  from  time  to  time,  divide  itself  into 
four  distinct  and  proper  committees,  for  the  more  easy  administration 
of  the  affairs  of  the  Province,  which  divides  the  seventy-two  into  four 
eighteens,  every  one  of  which  eighteens  shall  consist  of  six  out  of 
each  of  the  three  orders,  or  yearly  elections,  each  of  which  shall  have 
a  distinct  portion  of  business,  as  followeth:  First ^  a  committee  of 


Pennsylvania— 1682  3057 

plantations,  to  situate  and  settle  cities,  ports,  and  market  towns,  and 
high-ways,  and  to  hear  and  decide  all  suits  and  controversies  relating 
to  plantations.  Secondly,  a  committee  of  justice  and  safety,  to  secure 
the  peace  of  the  Province,  and  punish  the  mal-administration  of  those 
who  subvert  justice  to  the  prejudice  of  the  public,  or  private,  interest. 
Thirdly,  a  committee  of  trade  and  treasury,  who  shall  regulate  all 
trade  and  commerce,  according  to  law,  encourage  manufacture  and 
country  growth,  and  defray  the  public  charge  of  the  Province.  And, 
Fourthly,  a  corhmittee  of  manners,  education,  and  arts,  that  all 
wicked  and  scandalous  living  may  be  prevented,  and  that  youth  maty 
be  successively  trained  up  in  virtue  and  useful  knowledge  and  arts: 
the  quorum  of  each  of  which  committees  being  six,  that  is,  two  out  of 
each  of  the  three  orders,  or  yearly  elections,  as  aforesaid,  make  a  con- 
stant and  standing  Council  of  twenty-four,  which  will  have  the  power 
of  the  provincial  Council,  being  the  quorum  of  it,  in  all  cases  not 
excepted  in  the  fifth  article ;  and  in  the  said  committees,  and  standing 
Council  of  the  Province,  the  Governor,  or  his  Deputy,  shall,  or  may 
preside,  as  aforesaid;  and  in  the  absence  of  the  Governor,  or  his 
Deputy,  if  no  one  is  by  either  of  them  appointed,  the  said  committees 
or  Council  shall  appoint  a  President  for  that  time,  and  not  otherwise ; 
and  what  shall  be  resolved  at  such  committees,  shall  be  reported  to 
the  said  Council  of  the  province,  and  shall  be  by  them  resolved  and 
confirmed  before  the  same  shall  be  put  in  execution;  and  that  these 
respective  committees  shall  not  sit  at  one  and  the  same  time,  except  in 
cases  of  necessity. 

XIV.  And,  to  the  end  that  all  laws  prepared  by  the  Governor  and 
provincial  Council  aforesaid,  may  yet  have  the  more  full  concurrence 
of  the  freemen  of  the  province,  it  is  declared,  granted  and  confirmed, 
that,  at  the  time  and  place  or  places,  for  the  choice  of  a  provincial 
Council,  as  aforesaid,  the  said  freemen  shall  yearly  chuse  Members 
to  serve  in  a  General  Assembly,  as  their  representatives,  not  exceed- 
ing two  hundred  persons,  who  shall  yearly  meet  on  the  twentieth  day 
of  the  second  month,  which  shall  be  in  the  year  one  thousand  six 
hundred  eighty  and  three  following,  in  the  capital  town,  or  city,  of 
the  said  province,  where,  during  eight  days,  the  several  Members  may 
freely  confer  with  one  another ;  and,  if  any  of  them  see  meet,  with  a 
committee  of  the  provincial  Council  (consisting  of  three  out  of  each 
of  the  four  committees  aforesaid,  being  twelve  in  all)  which  shall  be, 
at  that  time,  purposely  appointed  to  receive  from  any  of  them  pro- 
posals, for  the  alterations  or  amendment  of  any  of  the  said  proposed 
and  promulgated  bills:  and  on  the  ninth  day  from  their  so  meeting, 
the  said  General  Assembly,  after  reading  over  the  proposed  bills  by 
the  Clerk  of  the  provincial  Council,  and  the  occasions  and  motives 
for  them  being  opened  by  the  Governor  or  his  Deputy,  shall  give 
their  affirmative  or  negative,  which  to  them  seemeth  best,  in  such 
manner  as  hereinafter  is  expressed.  But  not  less  than  two-thirds 
shall  make  a  quorum  in  the  passing  of  laws,  and  choice  of  such 
officers  as  are  by  them  to  be  chosen. 

XV.  That  the  laws  so  prepared  and  proposed,  as  aforesaid,  that 
are  assented  to  by  the  General  Assembly,  shall  be  enrolled  as  laws  of 
the  Province,  with  this  stile:  By  the  Governor,  with  the  assent  and 
approhation  of  the  freemen  in  provincial  Council  and  General  As- 
sembly. 


3058  Pennsylvania— 1682 

XVI.  That,  for  the  establishment  of  the  government  and  laws  of 
this  province,  and  to  the  end  there  may  be  an  universal  satisfaction 
in  the  laying  of  the  fundamentals  thereof:  the  General  Assembly 
shall,  or  may,  for  the  first  year,  consist  of  all  the  freemen  of  and  in 
the  said  province ;  and  ever  after  it  shall  be  yearly  chosen,  as  afore- 
said ;  which  number  of  two  hundred  shall  be  enlarged  as  the  country 
shall  increase  in  people,  so  as  it  do  not  exceed  five  hundred,  at  any 
time;  the  appointment  and  proportioning  of  which,  as  also  the  lay- 
ing and  methodizing  of  the  choice  of  the  provincial  Council  and 
General  Assembly,  in  future  times,  most  equally  to  the  divisions  of 
the  hundreds  and  counties,  which  the  country  shall  hereafter  be 
divided  into,  shall  be  in  the  power  of  the  provincial  Council  to  pro- 
pose, and  the  General  Assembly  to  resolve. 

XVII.  That  the  Governor  and  the  provincial  Council  shall  erect, 
from  time  to  time,  standing  courts  of  justice,  in  such  places  and  num- 
ber as  they  shall  judge  convenient  for  the  good  government  of  the 
said  province.  And  that  the  provincial  Council  shall,  on  the 
thirteenth  day  of  the  first  month,  yearly,  elect  and  present  to  the 
Governor,  or  his  Deputy,  a  double  number  of  persons,  to  serve  for 
Judges,  Treasurers,  Masters  of  Rolls,  within  the  said  province,  for 
the  year  next  ensuing;  and  the  freemen  of  the  said  province,  in  the 
county  courts,  when  they  shall  be  erected,  and  till  then,  in  the  Gen- 
eral Assembly,  shall,  on  the  three  and  twentieth  day  of  the  second 
month,  yearly,  elect  and  present  to  the  Governor,  or  his  Deputy,  a 
double  number  of  persons,  to  serve  for  Sheriffs,  Justices  of  the  Peace, 
and  Coroners,  for  the  year  next  ensuing ;  out  of  which  respective  elec- 
tions and  presentments,  the  Governor  or  his  Deputy  shall  nominate 
and  commissionate  the  proper  number  for  each  office,  the  third  day 
after  the  said  presentments,  or  else  the  first  named  in  such  present- 
ment, for  each  office,  shall  stand  and  serve  for  that  office  the  year 
ensuing. 

XVIII.  But  forasmuch  as  the  present  condition  of  the  province 
requires  some  immediate  settlement,  and  admits  not  of  so  quick  a 
revolution  of  officers ;  and  to  the  end  the  said  Province  may,  with  all 
convenient  speed,  be  well  ordered  and  settled,  I,  William  Penn,  do 
therefore  think  fit  to  nominate  and  appoint  such  persons  for  Judges, 
Treasurers,  Masters  of  the  Rolls,  Sheriffs,  Justices  of  the  Peace,  and 
Coroners,  as  are  most  fitly  qualified  for  those  employments;  to  whom 
I  shall  make  and  grant  commissions  for  the  said  offices,  respectively, 
to  hold  to  them,  to  whom  the  same  shall  be  granted,  for  so  long  time 
as  every  such  person  shall  well  behave  himself  in  the  office,  or  place, 
to  him  respectively  granted,  and  no  longer.  And  upon  the  decease 
or  displacing  of  any  of  the  said  officers,  the  succeeding  officer,  or 
officers,  shall  be  chosen,  as  aforesaid. 

XIX.  That  the  General  Assembly  shall  continue  so  long  as  may  be 
needful  to  impeach  criminals,  fit  to  be  there  impeached,  to  pass  bills 
into  laws,  that  they  shall  think  fit  to  pass  into  laws,  and  till  such 
time  as  the  Governor  and  j)rovincial  Council  shall  declare  that  they 
have  nothing  further  to  propose  unto  them,  for  their  assent  and 
approbation :  and  that  declaration  shall  be  a  dismiss  to  the  General 
Assembly  for  that  time;  which  General  Assembly  shall  be,  notwith- 
standing, capable  of  assembling  together  upon  the  summons  of  the 
provincial  Council,  at  any  time  during  that  year,  if  the  said  provin- 
cial Council  shall  see  occasion  for  their  so  assembling. 


Pennsylvania— 1682  3059 

XX.  That  all  the  elections  of  members,  or  representatives  of  the 
people,  to  serve  in  provincial  Council  and  General  Assembly,  and 
all  questions  to  be  determined  by  both,  or  either  of  them,  that  relate 
to  passing  of  bills  into  laws,  to  the  choice  of  officers,  to  impeachments 
by  the  General  Assembly,  and  judgment  of  criminals  upon  such  im- 
peachments by  the  provincial  Council,  and  to  all  other  cases  by  them 
respectively  judged  of  importance,  shall  be  resolved  and  determined 
by  the  ballot;  and  unless  on  sudden  and  indispensible  occasions,  no 
business  in  provincial  Council,  or  its  respective  committees,  shall  be 
finally  determined  the  same  day  that  it  is  moved. 

XXI.  That  at  all  times  when,  and  so  often  as  it  shall  happen  that 
the  Governor  shall  or  may  be  an  infant,  under  the  age  of  one  and 
twenty  years,  and  no  guardians  or  commissioners  are  appointed  in 
writing,  by  the  father  of  the  said  infant,  or  that  such  guardians  or 
commissioners,  shall  be  deceased;  that  during  such  minority,  the 
provincial  Council  shall,  from  time  to  time,  as  they  shall  see  meet, 
constitute  and  appoint  guardians  or  commissioners,  not  exceeding 
three ;  one  of  which  three  shall  preside  as  deputy  and  chief  guardian, 
during  such  minority,  and  shall  have  and  execute,  with  the  consent  of 
the  other  two,  all  the  power  of  a  Governor,  in  all  the  public  affairs 
and  concerns  of  the  said  province. 

XXII.  That,  as  often  as  any  day  of  the  month,  mentioned  in  any 
article  of  this  charter,  shall  fall  upon  the  first  day  of  the  week,  com- 
monly called  the  Lord^s  Day^  the  business  appointed  for  that  day  shall 
be  deferred  till  the  next  day,  unless  in  case  of  emergency. 

XXIII.  That  no  act,  law,  or  ordinance  whatsoever,  shall  at  any 
time  hereafter,  be  made  or  done  by  the  Governor  of  this  province,  his 
heirs  or  assigns,  or  by  the  freemen  in  the  provincial  Council,  or  the 
General  Assembly,  to  alter,  change,  or  diminish  the  form,  or  effect,  of 
this  charter,  or  any  part,  or  clause  thereof,  without  the  consent  of  the 
Governor,  his  heirs,  or  assigns,  and  six  parts  of  seven  of  the  said 
freemen  in  provincial  Council  and  General  Assembly. 

XXIV.  And  lastly,  that  I,  the  said  William  Penn^  for  myself,  my 
heirs  and  assigns,  have  solemnly  declared,  granted  and  confirmed,  and 
do  hereby  solemnly  declare,  grant  and  confirm,  that  neither  I,  my 
heirs,  nor  assigns,  shall  procure  or  do  any  thing  or  things,  whereby 
the  liberties,  in  this  charter  contained  and  expressed,  shall  be  in- 
fringed or  broken;  and  if  any  thing  be  procured  by  any  person  or 
persons  contrary  to  these  premises,  it  shall  be  held  of  no  force  or  effect. 
In  witness  whereof,  I,  the  said  William  Penn^  have  unto  this  present 
character  of  liberties  set  my  hand  and  broad  seal,  this  five  and  twen- 
tieth day  of  the  second  month,  vulgarly  called  April,  in  the  year  of 
our  Lord  one  thousand  six  hundred  and  eighty-two. 

William  Penn. 

laws  agreed  upon  in  england,  &c.* 

I.  That  the  charter  of  liberties,  declared,  granted  and  confirmed  the 
five  and  twentieth  day  of  the  second  month,  called  April,  1082,  before 
divers  witnesses,  by  William  Penn^  Governor  and  chief  Proprietor  of 
Pensilvariia,  to  all  the  freemen  and  planters  of  the  said  province,  is 
hereby  declared  and  approved,  and  shall  be  for  ever  held  for  funda- 

*  Idem.  pp.  XXXII-XXXV. 
7254— VOL  5—09 -34 


3060  Pennsylvania — 1682 

mental  in  the  government  thereof,  according  to  the  limitations  men- 
tioned in  the  said  charter. 

II.  That  every  inhabitant  in  the  said  province,  that  is  or  shall  be, 
a  purchaser  of  one  hundred  acres  of  land,  or  upwards,  his  heirs  and 
assigns,  and  every  person  Avho  shall  have  paid  his  passage,  and  taken 
up  one  hundred  acres  of  land,  at  one  penny  an  acre,  and  have  culti- 
vated ten  acres  thereof,  and  every  person,  that  hath  been  a  servant,  or 
bonds-man,  and  is  free  by  his  service,  that  shall  have  taken  up  his 
fifty  acres  of  land,  and  cultivated  twenty  thereof,  and  every  inhabi- 
tant, artificer,  or  other  resident  in  the  said  province,  that  pays  scot 
and  lot  to  the  government;  shall  be  deemed  and  accounted  a  free- 
man of  the  said  province:  and  every  such  person  shall,  and  may,  be 
capable  of  electing,  or  being  elected,  representatives  of  the  people,  in 
provincial  Council,  or  (jeneral  Assembly,  in  the  said  province. 

III.  That  all  elections  of  members,  or  representatives  of  the  people 
and  freemen  of  the  province  of  Pens'dvania^  to  serve  in  provincial 
Council,  or  General  Assembly,  to  be  held  within  the  said  province, 
shall  be  free  and  voluntary:  and  that  the  elector,  that  shall  receive 
any  reward  or  gift,  in  meat,  drink,  monies,  or  otherAvise,  shall  forfeit 
his  right  to  elect ;  and  such  person  as  shall  directly  or  indirectly  give, 
promise,  or  bestow  any  such  reward  as  aforesaid,  to  be  elected,  shall 
forfeit  his  election,  and  be  thereby  incapable  to  serve  as  aforesaid : 
and  the  provincial  Council  and  General  Assembly  shall  be  the  sole 
judges  of  the  regularity,  or  irregularity  of  the  elections  of  their  own 
respective  Members. 

IV.  That  no  money  or  goods  shall  be  raised  upon,  or  paid  by,  any 
of  the  people  of  this  province  by  w^ay  of  public  tax,  custom  or  con- 
tribution, but  by  a  law,  for  that  purpose  made;  and  whoever  shall 
levy,  collect,  or  pay  any  money  or  goods  contrary  thereunto,  shall  be 
held  a  public  enemy  to  the  province  and  a  betrayer  of  the  liberties  of 
the  people  thereoif . 

V.  That  all  courts  shall  be  open,  and  justice  shall  neither  be  sold, 
denied  nor  delayed. 

yi.  That,  in  all  courts  all  persons  of  all  persuasions  may  freely 
appear  in  their  own  way,  and  according  to  their  own  manner,  and 
there  personally  plead  their  own  cause  themselves;  or,  if  unable,  by 
their  friends :  and  the  first  process  shall  be  the  exhibition  of  the  com- 
plaint in  court,  fourteen  days  before  the  trial;  and  that  the  party, 
complained  against,  may  be  fitted  for  the  same,  he  or  she  shall  be 
summoned,  no  less  than  ten  days  before,  and  a  copy  of  the  complaint 
delivered  him  or  her,  at  his  or  her  dwelling  house.  But  before  the 
complaint  of  any  person  be  received,  he  shall  solemnly  declare  in 
court,  that  he  believes,  in  his  conscience,  his  cause  is  just. 

VII.  That  all  pleadings,  processes  and  records  in  courts,  shall  be 
short,  and  in  English^  and  in  an  ordinary  and  plain  character,  that 
they  may  be  understood,  and  justice  speedily  administered. 

VIII.  That  all  trials  shall  be  by  twelve  men,  and  as  near  as  may 
be,  peers  or  equals,  and  of  the  neighborhood,  and  men  without  just 
exception;  in  cases  of  life,  there  shall  be  first  twenty-four  returned 
by  the  sheriffs,  for  a  grand  inquest,  of  Avhom  twelve,  at  least,  shall 
find  the  complaint  to  be  true;  and  then  the  twelve  men,  or  peers,  to 
be  likewise  returned  by  the  sheriff,  shall  have  the  final  judgment. 
But  reasonable  challenges  shall  be  always  admitted  against  the  said 
twelve  men,  or  any  of  them. 


Pennsylvania—  1 682  306 1 

IX.  That  all  fees  in  all  cases  shall  be  moderate,  and  settled  by  the 
provincial  Council,  and  General  Assembly,  and  be  hung  up  in  a  table 
in  every  respective  court ;  and  whosoever  shall  be  convicted  of  taking 
more,  shall  pay  twofold,  and  be  dismissed  his  employment;  one 
moiety  of  which  shall  go  to  the  party  wronged. 

X.  That  all  prisons  shall  be  work-houses,  for  felons,  vagrants,  and 
loose  and  idle  persons ;  w^hereof  one  shall  be  in  every  county. 

XL  That  all  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offences,  where  the  proof  is  evident,  or  the  presumption 
great. 

XII.  That  all  persons  wrongfully  imprisoned,  or  prosecuted  at  law, 
shall  have  double  damages  against  the  informer,  or  prosecutor. 

XIII.  That  all  prisons  shall  be  free,  as  to  fees,  food  and  lodging. 

XIV.  That  all  lands  and  goods  shall  be  liable  to  pay  debts,  except 
where  there  is  legal  issue,  and  then  all  the  goods,  and  one- third  of  the 
land  only. 

,  XV.  That  all  wills,  in  writing,  attested  by  two  w^itnesses,  shall  be 
of  the  same  force  as  to  lands,  as  other  conveyances,  being  legally 
proved  Avithin  forty  days,  either  within  or  w  ithout  the  said  province. 

XVI.  That  seven  years  quiet  possession  shall  give  an  unquestion- 
able right,  except  in  cases  of  infants,  lunatics,  married  women,  or 
persons  beyond  the  seas. 

XVII.  That  all  briberies  and  extortion  whatsoever  shall  be  se- 
verely punished. 

XVIII.  That  all  fines  shall  be  moderate,  and  saving  men's  contene- 
ments,  merchandize,  or  w^ainage. 

XIX.  That  all  marriages  (not  forbidden  by  the  law^  of  God,  as  to 
nearness  of  blood  and  affinity  by  marriage)  shall  be  encouraged;  but 
the  parents,  or  guardians,  shall  be  first  consulted,  and  the  marriage 
shall  be  published  before  it  be  solemnized ;  and  it  shall  be  solemnized 
by  taking  one  another  as  husband  and  wife,  before  credible  witnesses; 
and  a  certificate  of  the  whole,  under  the  hands  of  parties  and  wit- 
nesses, shall  be  brought  to  the  proper  register  of  that  county,  and 
shall  be  registered  in  his  office. 

XX.  And,  to  prevent  frauds  and  vexatious  suits  within  the  said 
province,  that  all  charters,  gifts,  grants,  and  conveyances  of  and 
(except  leases  for  a  year  or  under)  and  all  bills,  bonds,  and  special- 
lies  above  five  pounds,  and  not  under  three  months,  made  in  the  said 
province,  shall  be  enrolled,  or  registered  in  the  public  enrolment  office 
of  the  said  province,  within  the  space  of  two  months  next  after  the 
making  thereof,  else  to  be  void  in  law,  and  all  deeds,  grants,  and  con- 
veyances of  land  (except  as  aforesaid)  within  the  said  province,  and 
made  out  of  the  said  province,  shall  be  enrolled  or  registered,  as 
rforesaid,  within  six  months  next  after  the  making  thereof,  and  set- 
tling and  constituting  an  enrolment  office  or  registry  within  the  said 
province,  else  to  be  void  in  law  against  all  persons  whatsoever. 

XXI.  That  all  defacers  or  corrupters  of  charters,  gifts,  grants, 
bonds,  bills,  wills,  contracts,  and  conveyances,  or  tliat  shall  deface  or 
falsify  any  enrolment,  registry  or  record,  within  this  province,  shall 
make  double  satisfaction  for  the  same ;  half  whereof  shall  go  to  the 
party  wronged,  and  they  shall  be  dismissed  of  all  places  of  trust,  and 
be  publicly  disgraced  as  false  men. 

XXII.  That  there  shall  be  a  register  for  births,  marriages,  burials, 
wills,  and  letters  of  administration,  distinct  from  the  other  registry. 


3062  Pennsylvania— 1682 

XXIII.  That  there  shall  be  a  register  for  all  servants,  where  their 
names,  time,  wages,  and  days  of  payment  shall  be  registered. 

XXIV.  That  all  lands  and  goods  of  felons  shall  be  liable,  to  make 
satisfaction  to  the  party  wronged  twice  the  value;  and  for  want  of 
lands  or  goods,  the  felons  shall  be  bondmen  to  work  in  the  common 
prison,  or  work-house,  or  otherwise,  till  the  party  injured  be  satisfied. 

XXV.  That  the  estates  of  capital  offenders,  as  traitors  and  mur- 
derers, shall  go,  one-third  to  the  next  of  kin  to  the  sufferer,  and  the 
remainder  to  the  next  of  kin  to  the  criminal. 

XXVI.  That  all  witnesses,  coming,  or  called,  to  testify  their  knowl- 
edge in  or  to  any  matter  or  thing,  in  any  court,  or  before  any  lawful 
authority,  within  the  said  province,  shall  there  give  or  deliver  in  their 
evidence,  or  testimony,  by  solemnly  promising  to  speak  the  truth,  the 
whole  truth,  and  nothing  but  the  truth,  to  the  matter,  or  thing  in 
question.  And  in  case  any  person  so  called  to  evidence,  shall  be  con- 
victed of  wilful  falsehood,  such  person  shall  suffer  and  undergo  such 
damage  or  penalty,  as  the  person,  or  persons,  against  whom  he  or  she 
bore  false  witness,  did,  or  should,  undergo ;  and  shall  also  make  satis- 
faction to  the  party  wronged,  and  be  publicly  exposed  as  a  false  wit- 
ness, never  to  be  credited  in  any  court,  or  before  any  Magistrate,  in 
the  said  province. 

XXVII.  And,  to  the  end  that  all  officers  chosen  to  serve  within 
this  province,  may,  with  more  care  and  diligence,  answer  the  trust 
reposed  in  them,  it  is  agreed,  that  no  such  person  shall  enjoy  more 
than  one  public  office,  at  one  time. 

XXVIII.  That  all  children,  within  this  province,  of  the  age  of 
twelve  years,  shall  be  taught  some  useful  trade  or  skill,  to  the  end 
none  may  be  idle,  but  the  poor  may  work  to  live,  and  the  rich,  if  they 
become  poor,  may  not  want. 

XXIX.  That  servants  be  not  kept  longer  than  their  time,  and 
such  as  are  careful,  be  both  justly  and  kindly  used  in  their  service, 
and  put  in  fitting  equipage  at  the  expiration  thereof,  according  to 
custom. 

XXX.  That  all  scandalous  and  malicious  reporters,  backbiters, 
defamers  and  spreaders  of  false  news,  whether  against  Magistrates, 
or  private  persons,  shall  be  accordingly  severely  punished,  as  enemies 
to  the  peace  and  concord  of  this  province. 

XXXI.  That  for  the  encouragement  of  the  planters  and  traders 
in  this  province,  who  are  incorporated  into  a  society,  the  patent 
granted  to  them  by  William  Penn,  Governor  of  the  said  province,  is 
herebv  ratified  and  confirmed. 

XXXII.  *     *     * 

XXXIII.  That  all  factors  or  correspondents  in  the  said  province, 
wronging  their  employers,  shall  make  satisfaction,  and  one-third 
over,  to  their  said  employers:  and  in  case  of  the  death  of  any  such 
factor  or  correspondent,  the  committee  of  trade  shall  take  care  to 
secure  so  much  of  the  deceased  party's  estate  as  belongs  to  his  said 
respective  employers. 

XXXIV.  That  all  Treasurers,  Judges,  Masters  of  the  Rolls,  Sher- 
iffs, Justices  of  the  Peace,  and  other  officers  and  persons  whatsoever, 
relating  to  courts,  or  trials  of  causes,  or  any  other  service  in  the 
government;  and  all  Members  elected  to  serve  in  provincial  Council 
and  General  Assembly,  and  all  that  have  right  to  elect  such  Members, 


Pennsylvania— 168^  3063 

shall  be  such  as  possess  faith  in  Jesus  Christ,  and  that  are  not  con- 
victed of  ill  fame,  or  unsober  and  dishonest  conversation,  and  that 
are  of  one  and  twenty  years  of  a^e,  at  least;  and  that  all  such  so 
qualified,  shall  be  capable  of  the  said  several  employments  and  privi- 
leges, as  aforesaid. 

XXXV.  That  all  persons  living  in  this  province,  who  confess  and 
acknowledge  the  one  Almighty  and  eternal  God,  to  be  the  Creator, 
Upholder  and  Ruler  of  the  world ;  and  that  hold  themselves  obliged 
in  conscience  to  live  peaceably  and  justly  in  civil  society,  shall,  in 
no  ways,  be  molested  or  prejudiced  for  their  religious  persuasion, 
or  practice,  in  matters  of  faith  and  worship,  nor  shall  they  be  com- 
pelled, at  any  time,  to  frequent  or  maintain  any  religious  worship, 
place  or  ministry  whatever. 

XXXVI.  That,  according  to  the  good  example  of  the  primitive 
Christians,  and  the  case  of  the  creation,  every  first  day  of  the  week, 
called  the  Lord's  day,  people  shall  abstain  from  their  common  daily 
labour,  that  they  may  the  better  dispose  themselves  to  worship  God 
according  to  their  understandings. 

XXXVII.  That  as  a  careless  and  corrupt  administration  of  jus- 
tice draws  the  wrath  of  God  upon  magistrates,  so  the  wildness  and 
looseness  of  the  people  provoke  the  indignation  of  God  against  a 
country:  therefore,  that  all  such  offences  against  God,  as  swearing, 
cursing,  lying,  prophane  talking,  drunkenness,  drinking  of  healths, 
obscene  words,  incest,  sodomy,  rapes,  whoredom,  fornication,  and  other 
uncleanness  (not  to  be  repeated)  all  treasons,  misprisions,  murders, 
duels,  felony,  seditions,  maims,  forcible  entries,  and  other  violences, 
to  the  persons  and  estates  of  the  inhabitants  within  this  province; 
all  prizes,  stage-plays,  cards,  dice.  May-games,  gamesters,  masques, 
revels,  bull-baitings,  cock-fightings,  bear-baitings,  and  the  like,  which 
excite  the  people  to  rudeness,  cruelty,  looseness,  and  irreligion,  shall 
be  respectively  discouraged,  and  severely  punished,  according  to  the 
appointment  of  the  Governor  and  freemen  in  provincial  Council  and 
General  Assembly;  as  also  all  proceedings  contrary  to  these  laws, 
that  are  not  here  made  expressly  penal. 

XXXVIII.  That  a  copy  of  these  laws  shall  be  hung  up  in  the  pro- 
vincial Council,  and  in  public  courts  of  justice:  and  that  they  shall 
be  read  yearly  at  the  opening  of  every  provincial  Council  and  General 
Assembly,  and  court  of  justice;  and  their  assent  shall  be  testified,  by 
their  standing  up  after  the  reading  thereof. 

XXXIX.  That  there  shall  be,  at  no  time,  any  alteration  of  any  of 
these  laws,  without  the  consent  of  the  Governor,  his  heirs,  or  assigns, 
and  six  parts  of  seven  of  the  freemen,  met  in  provincial  Council  and 
General  Assembly. 

XL.  That  all  other  matters  and  things  not  herein  provided  for, 
which  shall,  and  may,  concern  the  public  justice,  peace  or  safety  of 
the  said  province;  and  the  raising  and  imposing  taxes,  customs, 
duties,  or  other  charges  whatsoever,  shall  be,  and  are,  hereby  referred 
to  the  order,  prudence  and  determination  of  the  Governor  and  free- 
men, in  provincial  Council  and  General  Assembly,  to  be  held,  from 
time  to  time,  in  the  said  province. 

Signed  and  sealed  by  the  Governor  and  freemen  aforesaid,  the 
fifth  day  of  the  third  month,  called  May,  one  thousand  six  hundred 
and  eighty-two. 


3064  Pennsylvania — 1683 

FEAME  OF  GOVEENMENT  OF  PENNSYLVANIA— 1683  * 

The  Frame  of  the  Government  of  the  Province  of  Pennsylvania  and 
Territories  thereunto  annexed^  in  America. 

To  all  persons^  to  whom  these  presents  may  come.  Whereas  king 
Charles  the  Second,  by  his  letters  patents,  under  the  gseat  seal  of 
England^  bearing  date  the  fourth  day  of  March,  in  the  thirty  and 
third  year  of  the  king,  for  divers  considerations  therein  mentioned, 
hath  been  graciously  pleased  to  give  and  grant  unto  me  William  Penn 
(by  the  name  of  William  Penn^  Esquire,  son  and  heir  of  Sir  William 
Penn,  deceased)  and  to  my  heirs  and  assigns  for  ever,  all  that  tract 
of  land  or  province  called  Pennsylvania,  in  Am^erica,  with  divers 
great  powers,  preheminencies,  royalties,  jurisdictions  and  author- 
ities, necessary  for  the  Avell-being  and  government  thereof.  And 
whereas,  the  king's  dearest  brother  James,  duke  of  York  and  Albany, 
&c.,  by  his  deeds  of  feoffment,  under  his  hand  and  seal,  duly  per- 
fected, bearing  date  the  four  and  twentieth  day  of  August,  one 
thousand  six  hundred  eighty  and  two,  did  grant  unto  me,  my  heirs 
and  assigns,  all  that  tract  of  land,  lying  and  being  from  twelve  miles 
northward  of  Newcastle,  upon  Delaware  river,  in  America,  to  Cape 
Hinlopen,  upon  the  said  river  and  bay  of  Delaware  southward, 
together  with  all  royalties,  franchises,  duties,  jurisdictions,  liberties 
and  privileges  thereunto  belonging. 

Now  know  ye.  That  for  the  well-being  and  good  government  of  the 
said  province  and  territories  thereunto  annexed,  and  for  the  encour- 
agement of  all  the  freemen  and  planters,  that  may  be  therein  con- 
cerned, in  pursuance  of  the  rights  and  powers  aforementioned,  I, 
the  said  William  Penn,  have  declared,  granted,  and  confirmed,  and 
by  these  presents,  for  me,  my  heirs  and  assigns,  do  declare,  grant  and 
confirm  unto  all  the  freemen,  planters  and  adventurers  of,  in  and  to 
the  said  province  and  territories  thereof,  these  liberties,  franchises 
and  properties,  so  far  as  in  me  lieth,  to  be  held,  enjoyed  and  kept  by 
the  freemen,  planters  and  adventurers  of  and  in  the  said  province  of 
Pennsylvania,  and  territories  thereunto  annexed,  for  ever. 

Imprimis,  That  the  government  of  this  province  and  territories 
thereof,  shall,  from  time  to  time,  according  to  the  powers  of  the 
patent  and  deeds  of  feoffment  aforesaid,  consist  of  the  Proprietary 
and  Governor,  and  freemen  of  the  said  province  and  territories 
thereof,  in  form  of  provincial  Council  and  General  Assembly ;  Avhich 
provincial  Council  shall  consist  of  eighteen  persons,  being  three  out 
of  each  county,  and  which  Assembly  shall  consist  of  thirty-six  per- 
sons, being  six  out  of  each  county,  men  of  most  note  for  their  virtue, 
wisdom  and  ability ;  by  whom  all  laws  shall  be  made,  officers  chosen, 
and  public  affairs  transacted,  as  is  hereafter  limited  and  declared. 

II.  There  being  three  persons  already  chosen  for  every  respective 
county  of  this  province  and  territories  thereof,  to  serve  in  the  pro- 
vincial Council,  one  of  them  for  three  years;  one  for  two  years,  and 
one  for  one  year ;  and  one  of  them  to  go  off  yearly,  in  every  county ; 
that  on  the  tenth  day  of  the  first  month  yearly,  for  ever  after,  the 
freemen   of  the  said   province   and   territories  thereof,   shall  meet 

*  Idem,  Appendix,  IV-VII. 


Pennsylvania— 16S3  3065 

together,  in  the  most  convenient  place,  in  every  county  of  this  prov- 
ince and  territories  thereof,  then  and  there  to  chuse  one  person,  quali- 
fied as  aforesaid,  in  every  county,  being  one-third  of  the  number  to 
serve  in  provincial  Council,  for  three  years;  it  being  intended,  that 
one-third  of  the  whole  provincial  Council,  consisting  and  to  consist 
of  eighteen  persons,  falling  off  j^early,  it  shall  be  yearly  supplied  with 
such  yearly  elections,  as  aforesaid ;  and  that  one  person  shall  not  con- 
tinue in  longer  than  three  years;  and  in  case  any  member  shall 
decease  before  the  last  election,  during  his  time,  that  then,  at  the 
next  election  ensuing  his  decease,  another  shall  be  chosen  to  supply 
his  place  for  the  remaining  time  he  was  to  have  served,  and  no 
longer. 

III.  That,  after  the  first  seven  years,  every  one  of  the  said  third 
parts,  that  goeth  yearly  off,  shall  be  incapable  of  being  chosen  again 
for  one  whole  year  following,  that  so  all  that  are  capable  and  quali- 
fied, as  aforesaid,  may  be  fitted  for  government,  and  have  a  share  of 
the  care  and  burden  of  it. 

IV.  That  the  provincial  Council  in  all  cases  and  matters  of  mo- 
ment, as  their  arguing  upon  bills  to  be  passed  into  laws,  or  proceed- 
ings about  erecting  of  courts  of  justice,  sitting  in  judgment  upon  crim- 
inals impeached,  and  choice  of  officers,  in  such  manner  as  is  herein 
after  expressed,  not  less  than  two-thirds  of  the  whole  shall  make  a 
quorum;  and  that  the  consent  and  approbation  of  two-thirds  of  that 
quorum  shall  be  had  in  all  such  cases,  or  matters,  of  moment:  and 
that,  in  all  cases  and  matters  of  lesser  moment,  one-third  of  the 
whole  shall  make  a  quorum^  the  majority  of  which  shall  and  may 
always  determine  in  such  cases  and  causes  of  lesser  moment. 

V.  That  the  Governor  and  provincial  Council  shall  have  the  power 
of  preparing  and  proposing  to  the  Assembly,  hereafter  mentioned, 
all  bills,  which  they  shall  see  needful,  and  that  shall,  at  any  time,  be 
past  into  laws,  within  the  said  province  and  territories  thereof, 
Avhich  bills  shall  be  published  and  affixed  to  the  most  noted  places, 
in  every  county  of  this  province  and  territories  thereof,  twenty  days 
before  the  meeting  of  the  Assembly,  in  order  to  passing  theui  into 
laws. 

VI.  That  the  Governor  and  provincial  Council  shall  take  care  that 
all  laws,  statutes  and  ordinances,  which  shall,  at  any  time,  be  made 
within  the  said  province  and  territories,  be  duly  and  diligently 
executed. 

VII.  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
have  the  care  of  the  peace  and  safety  of  this  province  and  territories 
thereof;  and  that  nothing  be,  by  any  person,  attempted,  to  the  sub- 
version of  this  frame  of  government. 

VIII.  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
settle  and  order  the  situation  of  all  cities,  and  market  towns,  in  every 
county,  modelling  therein  all  public  buildings,  streets  and  market 
places;  and  shall  appoint  all  necessary  roads  and  highways,  in  this 
province  and"  territories  thereof. 

IX.  That  the  Governor  and  provincial  Council  shall,  at  all  times, 
have  power  to  inspect  the  management  of  the  public  treasury,  and 
punish  those  who  shall  convert  any  part  thereof  to  any  other  use, 
than  what  hath  been  agreed  upon  by  the  Governor,  provincial  Coun- 
cil and  Assembly. 


3066  Pennsylvania— 1683 

X.  That  the  Governor  and  provincial  Council  shall  erect  and  order 
all  public  schools,  and  encourage  and  reward  the  authors  of  useful 
sciences  and  laudable  inventions  in  the  said  province  and  territories 
thereof. 

XI.  That  one-third  part  of  the  provincial  Council,  residing  with 
the  Governor,  from  time  to  time,  shall  with  the  Governor  have  the 
care  of  the  management  of  public  affairs,  relating  to  the  peace,  jus- 
tice, treasury  and  improvement  of  the  province  and  territories,  and 
to  the  good  education  of  youth,  and  sobriety  of  the  manners  of  the 
inhabitants  therein,  as  aforesaid. 

XII.  That  the  Governor,  or  his  Deputy,  shall  always  preside  in 
the  provincial  Council,  and  that  he  shall,  at  no  time,  therein  perform 
any  public  act  of  state  whatsoever,  that  shall,  or  may,  relate  unto 
the  justice,  trade,  treasury,  or  safety  of  the  province  and  territories 
as  aforesaid,  but  by  and  with  the  advice  and  consent  of  the  provincial 
Council  thereof. 

XIII.  And  to  the  end  that  all  bills  prepared  and  agreed  by  the 
Governor  and  provincial  Council,  as  aforesaid,  may  yet  have  the 
more  full  concurrence  of  the  freemen  of  the  province  and  territories 
thereof,  it  is  declared,  granted  and  confirmed,  that,  at  the  time  and 
place  in  every  county  for  the  choice  of  one  person  to  serve  in  pro- 
vincial Council,  as  aforesaid,  the  respective  Members  thereof,  at  their 
said  meeting,  shall  yearly  chuse  out  of  themselves  six  persons  of 
most  note,  for  virtue,  wisdom  and  ability,  to  serve  in  Assembly,  as 
their  representatives,  who  shall  yearly  meet  on  the  tenth  day  of  the 
third  month,  in  the  capital  town  or  city  of  the  said  province,  unless 
the  Governor  and  provincial  Council  shall  think  fit  to  appoint 
another  place  to  meet  in,  where,  during  eight  days,  the  several  Mem- 
bers may  confer  freely  with  one  another;  and  if  any  of  them  see 
meet,  with  a  committee  of  the  provincial  Council,  which  shall  be, 
at  that  time,  purposely  appointed,  to  receive  from  any  of  them  pro- 
posals for  the  alterations,  or  amendments,  of  any  of  the  said  proposed 
and  promulgated  bills;  and  on  the  ninth  day  from  their  so  meeting, 
the  said  Assembly,  after  their  reading  over  the  proposed  bills,  by 
the  Clerk  of  the  provincial  Council,  and  the  occasions  and  motives 
for  them  being  opened  by  the  Governor  or  his  Deputy,  shall,  upon 
the  question  by  him  put,  give  their  affirmative  or  negative,  which  to 
them  seeineth  best,  in  such  manner  as  is  hereafter  expressed :  but  not 
less  than  two-thirds  shall  make  a  quorum  in  the  passing  of  all  bills 
into  laws,  and  choice  of  such  officers  as  are  by  them  to  be  chosen. 

XIV.  That  the  laws  so  prepared  and  proposed,  as  aforesaid,  that 
are  assented  to  by  the  Assembly,  shall  be  enrolled  as  laws  of  this 
province  and  territories  thereof,  with  this  stile:  By  the  Governor^ 
%oitli  the  assent  and  approbation  of  the  freemen  in  provincial  Council 
and  Assembly  met^  and  from  henceforth  the  meetings,  sessions,  acts, 
and  proceedings  of  the  Governor,  provincial  Council  and  Assembly, 
shall  be  stiled  and  called.  The  meeting^  sessions  and  proceedings  of 
the  General  Assembly  of  the  province  of  Pennsylvania^  and  the  terri- 
tories thereunto  belonging , 

XV.  And  that  the  representatives  of  the  people  in  provincial  Coun- 
cil and  Assembly,  may,  in  after  ages,  bear  some  proportion  with  the 
increase  and  multiplying  of  the  people,  the  number  of  such  repre- 
sentatives of  the  people  may  be,  from  time  to  time,  increased  and 
enlarged,  so  as  at  no  time,  the  number  exceeds  seventy-two  for  the 


Pennsylvania— 1683  .      3067 

provincial  Council,  and  two  hundred  for  the  Assembly ;  the  appoint- 
ment and  proportion  of  which  number,  as  also  the  laying  and  method- 
izing of  the  choice  of  such  representatives  in  future  time,  most  equally 
to  the  division  of  the  country,  or  number  of  the  inhabitants,  is  left  to 
the  Governor  and  provincial  Council  to  propose,  and  the  Assembly  to 
resolve,  so  that  the  order  of  proportion  be  strictl}^  observed,  both  in 
the  choice  of  the  Council  and  the  respective  committees  thereof,  vis. : 
one  third  to  go  off,  and  come  in  yearly. 

XVI.  That  from  and  after  the  death  of  this  present  Governor,  the 
provincial  Council  shall,  together  with  the  succeeding  Governor, 
erect,  from  time  to  time,  standing  courts  of  justice,  in  such  places  and 
number  as  they  shall  judge  convenient  for  the  good  government  of  the 
said  province  and  territories  thereof ;  and  that  the  provincial  Council 
shall,  on  the  thirteenth  day  of  the  second  month  then  next  ensuing, 
elect  and  present  to  the  Governor,  or  his  Deputy,  a  double  number  of 
persons,  to  serve  for  Judges,  Treasurers,  and  Masters  of  the  Rolls, 
within  the  said  province  and  territories,  to  continue  so  long  as  they 
shall  well  behave  themselves,  in  those  capacities  respectively ;  and  the 
freemen  of  the  said  province,  in  an  Assembly  met  on  the  thirteenth 
day  of  the  third  month,  yearly,  shall  elect  and  then  present  to  the  Gov- 
ernor, or  his  Deputy,  a  double  number  of  persons  to  serve  for  Sheriffs, 
Justices  of  the  Peace,  and  Coroners,  for  the  year  next  ensuing ;  out  of 
which  respective  elections  and  presentments,  the  Governor,  or  his 
Deputy,  shall  nominate  and  commissionate  the  proper  number  for 
each  office,  the  third  day  after  the  said  respective  presentments;  or 
else  the  first  named  in  such  presentment,  for  each  office,  as  aforesaid, 
.shall  stand  and  serve  in  that  office,  the  time  before  respectively  lim- 
ited ;  and  in  case  of  death  or  default,  such  vacancy  shall  be  supplied 
by  the  Governor  and  provincial  Council  in  manner  aforesaid. 

XVII.  That  the  Assembly  shall  continue  so  long  as  may  be  needful 
to  impeach  criminals,  fit  to  be  there  impeached,  to  pass  such  bills  into 
laws  as  are  proposed  to  them,  which  they  shall  think  fit  to  pass  into 
laws,  and  till  such  time  as  the  Governor  and  provincial  Council  shall 
declare,  that  they  have  nothing  further  to  propose  unto  them,  for 
their  assent  and  approbation,  and  that  declaration  shall  be  a  dismiss 
to  the  assembly,  for  that  time;  which  Assembly  shall  be,  notwith- 
standing, capable  of  assembling  together,  upon  the  summons  of  the 
Governor  and  provincial  Council,  at  any  time,  during  that  year,  if 
the  Governor  and  provincial  Council  shall  see  occasion  for  their  so 
assembling. 

XVIII.  That  all  the  elections  of  members,  of  representatives  of  the 
people  to  serve  in  provincial  Council  and  Assembly,  and  all  questions 
to  be  determined  by  both  or  either  of  them,  that  relate  to  choice  of 
officers,  and  all,  or  any  other  personal  matters,  shall  be  resolved  or 
determined  by  the  ballot,  and  all  things  relating  to  the  preparing  and 
passing  of  bills  into  laws,  shall  be  openly  declared  and  resolved  by 
the  vote. 

XIX.  That,  at  all  times,  when  the  Proprietary  and  Governor  shall 
happen  to  be  an  infant,  and  under  the  age  of  one  and  twenty  years, 
and  no  guardians  or  commissioners  are  appointed  in  writing,  by  the 
father  of  the  said  infant,  or  that  such  guardian  shall  be  deceased,  that 
during  such  minority,  the  provincial  Council  shall,  from  time  to 
time,  as  they  shall  see  .meet,  constitute  and  appoint  guardians  and 
commissioners,  not  exceeding  three,  one  of  which  shall  preside  as 


3068      .  Pennsylvania— 1683 

deputy,  and  chief  guardian,  during  such  minority,  and  shall  have  and 
execute,  with  the  consent  of  one  of  the  other  two,  all  the  power  of  a 
Governor,  in  all  public  affairs  and  concerns  of  the  said  province  and 
territories  thereof,  according  to  charter ;  which  said  guardian  so  ap- 
pointed, shall  also  have  the  care  and  oversight  of  the  estate  of  the 
said  minor,  and  be  yearly  accountable  and  responsible  for  the  same 
to  the  provincial  Council,  and  the  provincial  Council  to  the  minor, 
when  of  age,  or  to  the  next  heir,  in  case  of  the  minor's  death,  for 
the  trust  before  expressed. 

XX.  That  as  often  as  any  days  of  the  month  mentioned  in  any 
article  of  this  charter,  shall  fall  upon  the  first  day  of  the  week,  com- 
monly called  the  Lorcfs  day,  the  business  appointed  for  that  day, 
shall  be  deferred  until  the  next  day,  unless  in  cases  of  emergency. 

XXI.  And,  for  the  satisfaction  and  encouragement  of  all  aliens,  I 
do  give  and  grant,  that,  if  any  alien,  who  is,  or  shall  be  a  purchaser, 
or  who  doth,  or  shall,  inhabit  in  this  province  or  territories  thereof, 
shall  decease  at  any  time  before  he  can  well  be  naturalized,  his  right 
and  interest  therein  shall  notwithstanding  descend  to  his  wife  and 
children,  or  other  his  relations,  be  he  testate,  or  intestate,  according 
to  the  laws  of  this  province  or  territories  thereof,  in  such  cases  pro- 
vided, in  as  free  and  ample  manner,  to  all  intents  and  purposes,  as 
if  the  said  alien  had  been  naturalized. 

XXII.  And  that  the  inhabitants  of  this  province  and  territories 
thereof  may  be  accommodated  with  such  food  and  sustenance,  as 
God,  in  His  providence,  hath  freely  afforded,  I  do  also  further  grant 
to  the  inhabitants  of  this  province  and  territories  thereof,  liberty  to 
fowl  and  hunt  upon  the  lands  they  hold,  and  all  other  lands  therein 
not  inclosed;,  and  to  fish,  in  all  waters  in  the  said  lands,  and  in  all 
rivers  and  rivulets  in,  and  belonging  to,  this  province  and  territories 
thereof,  with  liberty  to  draw  his  or  their  fish  on  shore  on  any  man's 
lands,  so  as  it  be  not  to  the  detriment,  or  annoyance  of  the  owner 
thereof,  except  such  lands  as  do  lie  upon  inland  rivulets  that  are  not 
boatable,  or  which  are,  or  may  be  hereafter  erected  into  manors. 

XXIII.  And  that  all  the  inhabitants  of  this  province  and  terri- 
tories thereof,  whether  purchasers  or  others,  may  have  the  last 
worldly  pledge  of  my  good  and  kind  intentions  to  them  and  theirs, 
I  do  give,  grant  and  confirm  to  all  and  every  one  of  them,  full  and 
quiet  possession  of  their  respective  lands,  to  which  they  have  any 
lawful  or  equitable  claim,  saving  only  such  rents  and  services  for  the 
same,  as  are,  or  customarily  ought  to  be,  reserved  to  me,  my  heirs 
or  assigns. 

XXIV.  That  no  act,  law,  or  ordinance  whatsoever,  shall,  at  any 
time  hereafter,  be  made  or  done  by  the  Proprietary  and  Governor  of 
this  province,  and  territories  thereunto  belonging,  his  heirs  or  assigns, 
or  by  the  freemen  in  provincial  Council  or  Assembly,  to  alter,  change 
or  diminish  the  form  or  effect  of  this  charter,  or  any  part  or  clause 
thereof,  contrary  to  the  true  intent  and  meaning  thereof,  Avithout  the 
consent  of  the  Proprietary  and  Governor,  his  heirs  or  assigns,  and 
six  parts  of  seven  of  the  said  freemen  in  provincial  Council  and 
Assembly  met. 

XXV.  And  lastly,  I,  the  said  William  Penn^  Proprietary  and  Gov- 
ernor of  the  province  of  Pennsylvania^  and  territories  thereunto  be- 
longing, for  me,  my  heirs  and  assigns,  have  solemnly  declared, 
granted  and  confirmed,  and  do  hereby  solmnly  declare,  grant  and 


Pennsylvania— 1 68S  3069 

confirm,  that  neither  I,  my  heirs  nor  assigns,  shall  procure,  or  do, 
any  thing  or  things,  whereby  the  liberties,  in  this  charter  contained 
and  expressed,  shall  be  infringed  or  broken :  and  if  any  thing  be  pro- 
cured, by  any  person  or  persons,  contrary  to  these  premises,  it  shall 
be  held  of  no  force  or  effect.  In  witness  whereof,  I,  the  said  Williain 
Penn^  at  Philadelphia^  in  Pennsylvania^  have  unto  this  present  char- 
ter of  liberties  set  my  hand  and  broad  seal,  this  second  day  of  the 
second  month,  in  the  year  of  our  Lord  one  thousand  six  hundred  and 
eighty  and  three,  being  the  five  and  thirtieth  year  of  the  king,  and 
the  third  year  of  my  government. 

WiixiAM  Penn. 
This  within  charter^  which  we  have  distinctly  heard   read   and 
thankfully  received,  shall  be  by  us  inviolably  kept,  at  Philadelphia^ 
the  second  day  of  the  second  month,  one  thousand  six  hundred  eighty 
and  three. 

The  Members  of  the  provincial  Council  present: 

William  Markham,  William  Clark,  » 

John  Moll,  William  Biles, 

William  Haige,  James  Harrison, 

Christopher  Taylor,  John  Richardson, 

John  Simcock,  Philip      Thomas      Lenman, 

William  Clayton,  Seer,  Gov. 

Francis  Whittwel,  Richard  Ingelo,  CI.  Coun. 

Thomas  Holme, 

The  Members  of  the  Assembly  present: 

Casparus  Harman,  Thomas  Hassald, 

John  Darby,  John  Hart, 

Benjamin  Williams,  Robert  Hall, 

William  Guest,  Robert  Bedwell, 

Valentine  Hollingsworth,  William  Simsmore, 

James  Boy  den,  Samuel  Darke, 

Bennony  Bishop,  Robert  Lucas, 

John  Beazor,  James  Williams, 

John  Harding,  John  Blunston, 

Andrews  Bringston,  John  Songhurst, 

Simon  Irons,  John  Hill, 

John  Wood,  Nicholas  Wain, 

John  Curtis,  Thomas  Fitzwater, 

Daniel  Brown,  John  Clows, 

William  Futcher,  Luke  Watson, 

John  Kipshaven,  Joseph  Phipps, 

Alexander  Molestine,  Dennis  Rotchford, 

Robert  Bracy,  senior,  John  Brinklair, 

Thomas  Bracy,  Henry  Bowman,    . 

William  Yardly,  Cornelius  Verhoofe, 

John  Hastings,  John  Southworth,  CI.  Synod. 

Robert  Wade, 

Some  of  the  inhabitants  of  Philadelphia  present : 

William  Howell,  Henry  Lewis, 

Edmund  Warner,  Samuel  Miles. 


3070  Pennsylvania— 1696 


FRAME  OF  GOVERNMENT  OF  PENNSYLVANIA— 1696  * 

The  ^rame  of  Government  of  the  Province  of  Pennsylvania,  and  the 
territories  thereunto  belonging ;  passed  hy  Governor  Markham^ 
November  7,  1696 

Whereas,  the  late  king  Charles  the  Second,  in  the  three  and  thir- 
tieth year  of  his  reign,  by  letters  patent  under  the  great  seal  of 
England^  did,  for  the  considerations  therein  mentioned,  grant  unto 
William  Penn,  his  heirs  and  assigns,  for  ever,  this  colony,  or  tract  of 
land,  thereby  erecting  the  same  into  a  province,  called  Pennsylvania, 
and  constitviting  him,  the  said  William  Penn,  absolute  Proprietary 
thereof,  vesting  him,  his  Deputies  and  Lieutenants,  with  divers  great 
powers,  pre-eminences,  royalties,  jurisdictions  and  authorities,  nec- 
essary for  the  well-being  and  good  government  of  the  said  province. 
And  whereas  the  late  Duke  of  York  and  Albany,  &c.,  for  valuable 
considerations,  did  grant  unto  the  said  William  Penn,  his  heirs  and 
assigns,  all  that  tract  of  land  which  hath  been  cast,  or  divided  into  three 
counties,  now  called  Newcastle,  Kent,  and  Sussex,  together  with  all  roy- 
alties, franchises,  duties,  jurisdictions,  liberties  and  privileges  there- 
unto belonging;  which  last  mentioned  tract  being  intended  as  a  benefi- 
cial and  requisite  addition  to  the  territory  of  the  said  Proprietary,  he. 
the  said  Proprietary  and  Governor,  at  the  request  of  the  freemen  of  the 
said  three  counties,  by  their  deputies,  in  Assembly  met,  with  the  rep- 
resentatives of  the  freemen  of  the  said  province  at  Chester,  alias 
Upland,  on  the  sixth  day  of  the  tenth  month,  1682,  did  (with  the 
advice  and  consent  of  the  Members  of  the  said  Assembly)  enact,  that 
the  said  three  counties  should  be  annexed  to  the  province  of  Pennsyl- 
vania, as  the  proper  territories  thereof:  and  whereas  king  William 
and  the  late  queen  Mary,  over  England,  &c.,  by  their  letters  patent 
and  commission,  under  the  great  seal  of  England,  dated  the  twenty- 
first  day  of  October,  in  the  fourth  year  of  their  reign,  having,  (for 
the  reasons  therein  mentioned)  taken  the  government  of  this  said 
province  and  territories  into  their  hands,  and  under  their  care  and 
protection,  did  think  fit  to  constitute  Benjamin  Fletcher,  Governor  of 
New  York,  to  be  their  Captain  General,  and  Governor  in  Chief,  over 
this  province  and  country.  And  whereas,  also  the  said  king  and 
queen  afterwards,  by  their  letters  patent,  under  the  great  seal  of 
England,  dated  the  twentieth  day  of  August,  in  the  sixth  year  of  their 
reign,  have  thought  fit,  upon  the  humble  application  of  the  said  Wil- 
liam Penn,  to  restore  him  to  the  administration  of  the  government  of 
the  said  province  and  territories ;  and  that  so  much  of  their  said  com- 
mission as  did  constitute  the  said  Benjamin  Fletcher,  their  Captain 
General  and  Governor  in  Chief  of  the  said  province  of  Pennsylvania, 
country  of  Nerocastle,  and  the  territories  and  tracts  of  land  depending 
thereupon,  in  America,  together  with  all  the  powers  and  authorities 
thereby  granted  for  the  ruling  and  governing  their  said  province  and 
country,  should,  from  the  publication  of  the  said  last  recited  letters 
patent,  cease,  determine  and  become  void;  and  accordingly  the  same 
are  hereby  declared  void ;  whereupon  the  said  William  Penn  did  com- 
missionate  his  kinsman,   William  Marhham,  Governor  under  him, 

*  Idem.  Appendix,  VIII-XII. 


Pennsylvania — 1696  3071 

with  directions  to  act  according  to  the  known  laws  and  usages  of  this 
government. 

Now,  forasmuch  as  the  former  frame  of  government,  modelled  by 
act  of  settlement,  and  charter  of  liberties,  is  not  deemed,  in  all 
respects,  suitably  accommodated  to  our  present  circumstances,  there- 
fore it  is  unanimously  desired  that  it  may  be  enacted,  And  be  it 
enacted  by  the  Governor  aforesaid,  with  the  advice  and  consent  of 
the  representatives  of  the  freemen  of  the  said  province  and  territories, 
in  Assembly  met,  and  by  the  authority  of  the  same,  that  this  gov- 
ernment shall,  from  time  to  time,  consist  of  the  Governor,  or  his 
Deputy,  or  Deputies,  and  the  freemen  of  the  said  province,  and  ter- 
ritories thereof,  in  form  of  a  Council  and  Assembly;  which  Council 
and  Assembly  shall  be  men  of  most  note  for  virtue,  wisdom  and 
ability;  and  shall,  from  and  after  the  tenth  day  of  the  first  month 
next,  consist  of  two  persons  out  of  each  of  the  counties  of  this  gov- 
ernment, to  serve  as  the  people's  representatives  in  Council;  and  of 
four  persons  out  of  each  of  the  said  counties,  to  serve  as  their  repre- 
sentatives in  Assembly;  for  the  electing  of  which  representatives,  it 
shall  and  may  be  lawful  to  and  for  all  the  freemen  of  this  province 
and  territory  aforesaid,  to  meet  together  on  the  tenth  day  of  the  first 
month  yearly  hereafter,  in  the  most  convenient  and  usual  place  for  elec- 
tion, within  the  respective  counties,  then  and  there  to  chuse  their  said 
representatives  as  aforesaid,  who  shall  meet  on  the  tenth  day  of  the 
third  month  yearly,  in  the  capital  town  of  the  said  province,  unless 
the  Governor  and  Council  shall  think  fit  to  appoint  another  place. 

And,  to  the  end  it  may  be  known  who  those  are,  in  this  province 
and  territories,  who  ought  to  have  right  of,  or  to  be  deemed  freemen, 
to  chuse,  or  be  chosen,  to  serve  in  Council  and  Assembly,  as  aforesaid. 
Be  it  enacted  by  the  authority  aforesaid,  That  no  inhabitant  of  this 
province  or  territories,  shall  have  right  of  electing,  or  being  elected 
as  aforesaid,  unless  they  be  free  denizens  of  this  government,  and  are 
of  the  age  of  twenty-one  years,  or  upwards,  and  have  fifty  acres 
of  land,  ten  acres  whereof  being  seated  and  cleared,  or  be  otherwise 
worth  fifty  pounds^  lawful  money  of  this  government,  clear  estate, 
and  have  been  resident  within  this  government  for  the  space  of  two 
years  next  before  such  election. 

And  whereas  divers  persons  within  this  government,  cannot,  for 
conscience  sake,  take  an  oath,  upon  any  account  whatsoever.  Be  it 
therefore  enacted  by  the  authority  aforesaid,  That  all  and  every  such 
person  and  persons,  being,  at  any  time  hereafter,  required,  upon  any 
lawful  occasion,  to  give  evidence,  or  take  an  oath,  in  any  case  whatso- 
ever, shall,  instead  of  swearing,  be  permitted  to  make  his,  or  their  sol- 
emn affirmation,  attest,  or  declaration,  which  shall  be  adjudged,  and  is 
hereby  enacted  and  declared  to  be  of  the  same  force  and  effect,  to  all 
intents  and  purposes  whatsoever,  as  if  they  had  taken  an  oath ;  and  in 
case  any  such  person  or  persons  shall  be  lawfully  convicted  of  having 
wilfully  and  corruptly  affirmed,  or  declared  any  matter  or  thin^,  upon 
such  solemn  affirmation  or  attest,  shall  incur  the  same  penalties  and 
forfeitures  as  by  the  laws  and  statutes  of  England  are  provided 
against  persons  convicted  of  wilful  and  corrupt  perjury. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  all  per- 
sons who  shall  be  hereafter  either  elected  to  serve  in  Council  and 
Assembly,  or  commissioned  or  appointed  to  be  Judges,  Justices, 


3072  Pennsylvania — 1 696 

Masters  of  the  Rolls,  Sheriflfs,  Coroners,  and  all  other  offices  of  State 
and  trust,  within  this  government,  who  shall  conscientiously  scruple 
to  take  an  oath,  but  when  lawfully  required,  will  make  and  subscribe 
the  declaration  and  profession  of  their  Christian  belief,  according  to 
the  late  act  of  parliament,  made  in  the  first  year  of  king  William^ 
and  the  late  queen  Mary^  entitled,  An  act  for  exempting  their  majes- 
ties' Protestant  subjects,  dissenting  from  the  Church  of  England^ 
from  the  penalty  of  certain  laws,  shall  be  adjudged,  and  are  hereby 
declared  to  be  qualified  to  act  in  their  said  respective  offices  and  places, 
and  thereupon  the  several  officers  herein  mentioned,  shall,  instead  of 
an  oath  make  their  solemn  affirmation  or  declaration  in  manner  and 
form  following ;  that  is  to  sa}^. 

The  form  of  Judges'  and  Justices'  attest  shall  be  in  these  words,  viz: 

Thou  shalt  solemnly  promise  that  as  Judge,  or  Justice,  according 
to  the  Governor's  commission  to  thee  directed,  thou  shalt  do  equal 
to  the  Governor's  commission  to  thee  directed,  thou  shalt  do  equal  right 
to  the  poor  and  rich,  to  the  best  of  thy  knowledge  and  power,  accord- 
ing to  law,  and  after  the  usages  and  constitutions  of  this  government; 
thee,  but  shalt  well  and  truly  do  thy  office  in  every  respect,  according 
to  the  best  of  thy  understanding. 

The  form  of  the  attests  to  be  taken  by  the  Masters  of  the  Rolls, 
Secretaries,  Clerks,  and  such  like  officers,  shall  be  thus,  viz : 

Thou  shalt  well  and  faithfully  execute  the  office  of,  &c.,  according 
to  the  best  of  thy  skill  and  knowledge ;  taking  such  fees  only  as  thou 
oughtest  to  receive  by  the  laws  of  this  government. 

The  form  of  the  Sheriffs'  and  Coroners'  attest,  shall  be  in  these 
words,  viz : 

Thou  shalt  solemnly  promise,  that  thou  wilt  well  and  truly  serve 
the  King  and  Governor  in  the  office  of  the  Sheriff  (or  Coroner)  of  the 
county  of,  &c.,  and  preserve  the  King  and  Governor's  rights,  as  far 
forth  as  thou  canst,  or  maj^est ;  thou  shalt  truly  serve,  and  return,  all 
the  writs  and  precepts  to  thee  directed ;  thou  shalt  take  no  bailiff,  nor 
deputy,  but  such  as  thou  wilt  answ^er  for ;  thou  shalt  receive  no  writs, 
except  from  such  judges  and  justices  who,  by  the  laws  of  this  govern- 
ment, have  authority  to  issue  and  direct  writs  unto  thee;  and  thou 
shalt  diligently  and  truly  do  and  accomplish  all  things  appertaining 
to  thy  office,  after  the  best  of  thy  wit  and  powder,  both  for  the  King  and 
Governor's  profit,  and  good  of  the  inhabitants  within  the  said  county, 
taking  such  fees  only  as  thou  oughtest  to  take  by  the  laws  of  this 
government,  and  not  otherwise. 

The  form  of  a  Constable's  attest  shall  be  this,  viz : 

Thou  shalt  solemnly  promise,  well  and  duly,  according  to  the  best 
of  thy  understanding,  to  execute  the  office  of  a  Constable  for  the  town 
(or  county)  of  P.  for  this  ensuing  year,  or  until  another  be  attested 
in  thy  room,  or  thou  shalt  be  legally  discharged  thereof. 

The  form  of  the  Grand  Inquest's  attests  shall  be  in  these  words,  viz : 

Thou  shalt  diligently  enquire,  and  true  presentment  make,  of  all 
such  matters  and  things  as  shall  be  given  thee  in  charge,  or  come  to 
thy  knowledge,  touching  this  present  service ;  the  King's  counsel,  thy 
fellows,  and  thy  own,  thou  shalt  keep  secret,  and  in  all  things  thou 
shalt  present  the  truth,  and  nothing  but  the  truth,  to  the  best  of  th}^ 
knowledge. 


Pennsylvania — 1696  3073 

This  being  given  to  the  Foreman,  the  rest  of  the  Inquest  shall  be 
attested  thus,  by  three  at  a  time,  viz: 

The  same  attestation  that  your  Foreman  hath  taken  on  his  part,  you 
will  well  and  truly  keep  on  your  parts. 

The  form  of  the  attest  to  be  given  to  the  Traverse  Jury,  by  four  at 
a  time,  shall  be  thus,  viz: 

You  solemnly  promise  that  you  will  well  and  truly  try  the  issue  of 
traverse  between  the  lord  the  King,  and  A.  B.  whom  you  have  in 
charge,  according  to  your  evidence. 

In  civil  causes,  thus,  viz : 

You  solemnly  promise  that  you  will  well  and  truly  try  the  issue 
between  A.  B.  plaintiff,  and  C.  D.  defendant,  according  to  your 
evidence. 

Provided  always,  and  it  is  hereby  intended,  that  no  person  shall  be, 
by  this  act,  excused  from  swearing,  who,  by  the  acts  of  parliament, 
for  trade  and  navigation,  are,  or  shall  be  required  to  take  an  oath. 

And,  that  elections  may  not  be  corruptly  managed,  on  which  the 
good  of  the  government  so  much  depends.  Be  it  further  enacted  by  the 
authority  aforesaid,  that  all  elections  of  the  said  representatives  shall 
be  free  and  voluntary,  and  that  the  electors,  who  shall  receive  any 
reward,  or  gift,  for  giving  his  vote,  shall  forfeit  his  right  to  elect  for 
that  year;  and  such  person  or  persons,  as  shall  give,  or  promise,  any 
such  reward  to  be  elected,  or  that  shall  offer  to  serve  for  nothing,  or 
for  less  wages  than  the  law  prescribes,  shall  be  thereby  rendered 
incapable  to  serve  in  Council,  or  Assembly,  for  that  year ;  and  the  rep- 
resentatives so  chosen,  either  for  Council  or  Assembly,  shall  yield  their 
attendance  accordingly,  and  be  the  sole  judges  of  the  regularity,  or 
irregularity  of  the  elections  of  their  respective  Members;  and  if  any 
person,  or  persons,  chosen  to  serve  in  Council,  or  Assembly,  shall  be 
wilfully  absent  from  the  service,  he  or  they  are  so  chosen  to  attend,  or 
be  deceased,  or  rendered  incapable,  then,  and  in  all  such  cases,  it  shall 
be  lawful  for  the  Governor,  within  ten  days  after  knowledge  of  the 
same,  to  issue  forth  a  writ  to  the  Sheriff  of  the  county,  for  which  the 
said  person,  or  persons,  were  chosen,  immediately  to  summons  the 
freemen  of  the  same  to  elect  another  member  in  the  room. of  such 
absent,  deceased,  or  incapable  person  or  persons;  and  in  case  any 
Sheriff  shall  misbehave  himself,  in  the  management  of  any  of  the  said 
elections,  he  shall  be  punished  accordingly,  at  the  discretion  of  the 
Governor  and  Council,  for  the  time  being. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  every  mem- 
ber now  chosen,  or  hereafter  to  be  chosen,  by  the  freemen  as  afore- 
said, to  serve  in  Council,  and  the  Speaker  of  the  Assembly,  shall  be 
allowed  five  shillings  by  the  day,  during  his  and  their  attendance; 
and  every  Member  of  Assembly  shall  be  allowed  four  shillings  by  the 
day,  during  his  attendance  on  the  service  of  the  Assembly ;  and  that 
every  Member  of  Council  and  Assembly  shall  be  allowed  towards 
their  traveling  charges  after  the  rate  oi  two  pence  each  mile,  both 
going  to,  and  coming  from,  the  place,  where  the  Council  and  Assem- 
bly is,  or  shall  be,  held;  all  which  sums  shall  be  paid  yearly  out  of 
the  county  levies,  by  the  county  receivers  respectively. 

And  be  it  further  enacted  by  the  authority  aforesaid.  That  the 
Governor,  or  his  Deputy,  shall  always  preside  in  the  Council,  and  that 
he  shall,  at  no  time,  perform  any  public  act  of  state  whatsoever,  that 


3074  Pennsylvania — 1696 

shall,  or  may  relate  unto  the  justice,  treasury  or  trade  of  the  province 
and  territories,  but  by  and  with  the  advice  and  consent  of  the  Council 
thereof,  or  major  part  of  them  that  shall  be  present. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  all  the 
Sheriffs  and  Clerks  of  the  respective  counties  of  the  said  province, 
and  territories,  who  are,  or  shall  be,  commissionated,  shall  give  good 
and  sufficient  security  to  the  Governor,  for  answering  the  king  and 
his  people,  in  matters  relating  to  the  said  offices  respectively. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  the 
Council,  in  all  cases  and  matters  of  moment,  as  about  erecting  courts 
of  justice,  sitting  in  judgment  upon  persons  impeached,  and  upon 
bills  and  other  matters,  that  may  be,  from  time  to  time,  presented  by 
the  Assembly,  not  less  than  two-thirds  shall  make  a  quorum;  and 
that  the  consent  and  approbation  of  the  majority  of  that  quorum 
shall  be  had  in  all  such  cases  and  matters  of  moment;  and  that  in 
cases  of  less  moment,  not  less  than  one-third  of  the  whole  shall  make 
a  quorum ;  the  majority  of  which  shall,  and  may,  always  determine  in 
all  such  matters  of  lesser  moment,  as  are  not  above  specified :  and  in 
case  the  Governor's  power  shall  hereafter  happen  to  be  in  the  Council, 
a  President  shall  then  be  chosen  out  of  themselves  by  tAvo-thirds,  or 
the  major  part  of  them;   which  President  shall  therein  preside. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  the  Governor 
and  Council  shall  take  care  that  all  the  laws,  statutes  and  ordinances, 
which  shall  at  any  time  be  made  within  the  said  province  and  terri- 
tories, be  duly  and  diligently  executed. 

Be  in  further  enacted  by  the  authority  aforesaid,  That  the  Governor 
and  Council  shall,  at  all  times,  have  the  care  of  the  peace  of  this 
province  and  territories  thereof,  and  that  nothing  be,  by  any  persons, 
attempted  to  the  subversion  of  this  frame  of  government. 

And  be  it  further  enacted  by  the  authority  aforesaid.  That  the  Gov- 
ernor and  Council  for  the  time  being,  shall,  at  all  times,  settle  and 
order  the  situation  of  all  cities  and  market  towns,  modeling  therein 
all  public  buildings,  streets  and  market  places ;  and  shall  appoint  all 
public  landing  places  of  the  towns  of  this  province  and  territories: 
and  if  any  man's  property  shall  be  judged  by  the  Governor  and  Coun- 
cil to  be  commodious  for  such  landing  place  in  the  said  towns,  and 
that  the  same  be  by  them  appointed  as  such,  that  the  owner  shall  have 
such  reasonable  satisfaction  given  him  for  the  same  as  the  Governor 
and  Council  shall  see  meet,  to  be  paid  by  the  said  respective  towns. 

Be  it  further  enacted  hj  the  authority  aforesaid.  That  the  Governor 
and  Council  shall,  at  all  times,  have  power  to  inspect  the  management 
of  the  public  treasury,  and  punish  those  who  shall  convert  any  part 
thereof  to  any  other  use,  than  what  hath  been  agreed  upon  by  the 
Governor,  Council  and  Assembly. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  the  Governor 
and  Council  shall  erect  and  order  all  public  houses,  and  encourage 
and  reward  the  authors  of  useful  sciences  and  laudable  inventions  in 
the  said  province,  and  territories  thereof. 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  Gov- 
ernor and  Council  shall,  from  time  to  time  have  the  care  of  the  man- 
agement of  all  public  affairs,  relating  to  the  peace,  safety,  justice, 
treasury,  trade,  and  improvement  of  the  province  and  territories,  and 
to  the  good  education  of  youth,  and  sobriety  of  the  manners  of  the 
inhabitants  therein,  as  aforesaid. 


Pennsylvania— 1 696  3075 

And  be  it  further  enacted  by  the  authority  aforesaid,  That  the  rep- 
resentatives of  the  freemen,  when  met  in  Assembly,  shall  have  power 
to  prepare  and  propose  to  the  Governor  and  Council  all  such  bills  as 
they  or  the  major  part  of  them,  shall,  at  any  time,  see  needful  to  be 
passed  into  laws,  within  the  said  province  and  territories. 

Provided  always.  That  nothing  herein  contained  shall  debar  the 
Governor  and  Council  from  recommending  to  the  Assembly  all  such 
bills  as  they  shall  think  fit  to  be  passed  into  laws;  and  that  the 
Council  and  Assembly  may,  upon  occasion,  confer  together  in  com- 
mittees, when  desired ;  all  which  proposed  and  prepared  bills,  or  such 
of  them,  as  the  Governor,  w4th  the  advice  of  the  Council,  shall,  in 
open  Assembly,  declare  his  assent  unto,  shall  be  the  laws  of  this 
province  and  territories  thereof,  and  published  accordingly,  with 
this  stile.  By  the  Governor^  with  the  assent  and  approbation  of  the 
freemen  in  General  Assembly  met;  a  true  transcript,  or  duplicate 
whereof,  shall  be  transmitted  to  the  king's  privy  council,  for  the  time 
being,  according  to  the  said  late  king's  letters  patent. 

And  be  it  further  enacted  by  the  authority  aforesaid.  That  the 
Assembly,  shall  sit  upon  their  own  adjournments,  and  committees, 
and  continue,  in  order  to  prepare  and  propose  bills,  redress  griev- 
ances, and  impeach  criminals,  or  such  persons  as  they  shall  think  fit 
to  be  there  impeached,  until  the  Governor  and  Council,  for  the  time 
being,  shall  dismiss  them;  which  Assembly  shall,  notwithstanding 
such  dismiss,  be  capable  of  Assembling  together  upon  summons  of 
the  Governor  and  Council,  at  any  time  during  that  year ;  two-thirds 
of  which  Assembly,  in  all  cases,  shall  make  a  quorum. 

And  be  it  enacted  by  the  authority  aforesaid.  That  all  elections  of 
representatives  for  Council  and  Assembly,  and  all  questions  to  be 
determined  by  them,  shall  be  by  major  part  of  votes. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  as  oft  as  any 
days  of  the  month,  mentioned  in  any  article  of  this  act,  shall  fall 
upon  the  first  day  of  the  week,  commonly  called  the  Lord's  day,  the 
business  appointed  for  that  day,  shall  be  deferred  till  the  next  day, 
unless  in  cases  of  emergency. 

Be  it  further  enacted  by  the  authority  aforesaid.  That  if  any  alien, 
who  is,  or  shall  be  a  purchaser  of  lands,  or  who  doth,  or  shall  inhabit 
in  this  province,  or  territories  thereof,  shall  decease  at  any  time 
before  he  can  well  be  denizised,  his  right  and  interest  therein  shall 
notwithstanding  descend  to  his  wife  and  children,  or  other,  his  rela- 
tions, be  he  testate,  or  intestate,  according  to  the  laws  of  this  province 
and  territories  thereof,  in  such  cases  provided,  in  as  free  and  ample 
manned,  to  all  intents  and  purposes,  as  if  said  alien  had  been 
denizised. 

And  that  the  people  may  be  accommodated  with  such  food  and 
sustenance  as  God,  in  his  providence,  hath  freely  afforded.  Be  it 
enacted  by  the  authority  aforesaid,  That  the  inhabitants  of  this 
province  and  territories  thereof,  shall  have  liberty  to  fish  and  hunt, 
upon  the  lands  they  hold,  or  all  other  lands  therein,  not  inclosed,  and. 
to  fish  in  all  waters  in  the  said  lands,  and  in  all  rivers  and  rivulets, 
in  and  belonging  to  this  province  and  territories  thereof,  with  liberty 
to  draw  his,  or  their  fish  upon  any  man's  land,  so  as  it  be  not  to  the 
detriment  or  annoyance  of  the  owner  thereof,  except  such  lands  as  do 
lie  upon  inland  rivulets,  that  are  not  boatable,  or  which  hereafter  may 
be  erected  into  manors. 

7254— VOL  5—09 35 


3076  Pennsylvania — 1 701 

Be  it  further  enacted  by  the  authority  aforesaid,  That  all  inhabi- 
tants of  this  province  and  territories,  whether  purchasers,  or  others, 
and  every  one  of  them,  shall  have  full  and  quiet  enjoyment  of  their 
respective  lands  and  tenements,  to  which  they  have  any  lawful  or 
equitable  claim,  saving  only  such  rents  and  services  for  the  same,  as 
are,  or  customarily  ought  to  be,  reserved  to  the  lord,  or  lords  of  the 
fee  thereof,  respectively. 

Be  it  further  enacted  by  the  authority  aforesaid,  That  no  act,  law, 
or  ordinance  whatsoever,  shall,  at  any  time  hereafter,  be  made  or 
done,  by  the  Governor  of  this  province,  and  territories  thereunto 
belonging,  or  by  the  freemen,  in  Council,  or  Assembly,  to  alter, 
change  or  diminish  the  form  and  effect  of  this  act,  or  any  part,  or 
clause  thereof,  contrary  to  the  true  intent  and  meaning  thereof, 
without  the  consent  of  the  Governor,  for  the  time  being,  and  six 
parts  of  seven  of  the  said  freemen,  in  Council,  and  Assembly  met. 
This  act  to  continue,  and  be  in  force,  until  the  said  Proprietary  shall 
signify  his  pleasure  to  the  contrary,  by  some  instrument,  under  his 
hand  and  seal,  in  that  behalf. 

Provided  always,  and  it  is  hereby  enacted,  That  neither  this  act, 
nor  any  other  act,  or  acts  whatsoever,  shall  preclude,  or  debar  the 
inhabitants  of  this  province  and  territories,  from  claiming,  having  and 
enjoying  any  of  the  rights,  privileges  and  immunities,  which  the  said. 
Proprietary,  for  himself,  his  heirs,  and  assigns,  did  formerly  grant, 
or  which  of  right  belong  unto  them,  the  said  inhabitants,  by  virtue 
of  any  law,  charter  or  grants  whatsoever,  any  thing  herein  contained 
to  the  contrary  notwithstanding. 


CHARTEE  OF  PRIVILEGES  GRANTED  BY  WILLIAM  PENN,  ESQ. 
TO  THE  INHABITANTS  OF  PENNSYLVANIA  AND  TERRITORIES, 
1701  *  « 

William  Penn,  Proprietary  and  Governor  of  the  Province  of  Pen- 
silvania  and  Territories  thereunto  belonging.  To  all  to  whom  these 
Presents  shall  come,  sendeth  Greeting.  Whereas  King  Charles  the 
Second^  by  His  Letters  Patents,  under  the  Great  Seal  of  England^ 
bearing  Date  the  Fourth  Day  of  March^  in  the  Year  One  Thousand 
Six  Hundred  and  Eighty-one^  was  graciously  pleased  to  give  and 
grant  unto  me,  and  my  Heirs  and  Assigns  for  ever,  this  Province  of 
Pensilvania,  with  divers  great  Powers  and  Jurisdictions  for  the  well 
Government  thereof. 

And  whereas  the  King's  dearest  Brother,  James  Dicke  of  York 
and  Albany,  &c.  by  his  Deeds  of  Feoffment,  under  his  Hand  and 
Seal  duly  perfected,  bearing  Date  the  Tv^enty- Fourth  Day  of  August^ 
One  Thousand  Six  Hundred  Eighty  and  Two^  did  grant  unto  me,  my 
Heirs  and  Assigns,  all  that  Tract  of  Land,  now  called  the  Territories 
of  Pensilvania,  together  with  Powers  and  Jurisdictions  for  the  good 
Government  thereof. 

And  whereas  for  the  Encouragement  of  all  the  Freemen  and 
Planters,  that  might  be  concerned  in  the  said  Province  and  Territo- 
ries, and  for  the  good  Government  thereof,  I  the  said  William  Penn, 

*  Idem,  Part  II,  pp.  I-III. 

oThis  charter  was  granted  by  William  Penn,  with  the  approbation  of  the 
General  Assembly,  and  remained  in  force  until  the  Revolution. 


Pennsylvania— 1701  3077 

in  the  Year  One  Thousand  Sice  Hundred  Eighty  and  Three,  for  me, 
my  Heirs  and  Assigns,  did  grant  and  confirm  unto  all  the  Freemen, 
Planters  and  Adventurers  therein,  divers  Liberties,  Franchises  and 
Properties,  as  by  the  said  Grant,  entituled.  The  frame  of  the  Govern- 
ment of  the  Province  of  Pensilvania,  and  Terntories  thereunto 
belonging^  in  America,  may  appear;  which  Charter  or  Frame  being 
found  in  some  Parts  of  it,  not  so  suitable  to  the  present  Circumstan- 
ces of  the  Inhabitants,  was  in  the  Third  Month,  in  the  Year  One 
Thousand  Seven  Hundred^  delivered  up  to  me,  by  Six  Parts  of  Seven 
of  the  P'reemen  of  this  Province  and  Territories,  in  General  Assembly 
met.  Provision  being  made  in  the  said  Charter,  for  that  End  and 
Purpose. 

And  whereas  I  was  then  pleased  to  promise.  That  I  would  restore 
the  said  Charter  to  them  again,  with  necessary  Alterations,  or  in  lieu 
thereof,  give  them  another,  better  adapted  to  answer  the  present  Cir- 
cumstances and  Conditions  of  the  said  Inhabitants;  which  they  have 
now,  by  their  Representatives  in  General  Assembly  met  at  Philadel- 
phia^ requested  me  to  grant. 

Know  ye  therefore.  That  for  the  further  Well-being  and  good 
Government  of  the  said  Province,  and  Territories ;  and  in  Pursuance 
of  the  Rights  and  Powers  before-mentioned,  I  the  said  William  Penn 
do  declare,  grant  and  confirm,  unto  all  the  Freemen,  Planters  and 
Adventurers,  and  other  Inhabitants  of  this  Province  and  Territories, 
these  following  Liberties,  Franchises  and  Privileges,  so  far  as  in  me 
lieth,  to  be  held,  enjoyed  and  kept,  by  the  Freemen,  Planters  and 
Adventurers,  and  other  Inhabitants  of  and  in  the  said  Province  and 
Territories  thereunto  annexed,  for  ever. 

FIRST 

Because  no  People  can  be  truly  happy,  though  under  the  greatest 
Enjoyment  of  Civil  Liberties,  if  abridged  of  the  Freedom  of  their 
Consciences,  as  to  their  Religious  Profession  and  Worship:  And 
Almight^y  God  being  the  only  Lord  of  Conscience,  Father  of  Lights 
and  Spirits;  and  the  Author  as  well  as  Object  of  all  divine  Knowl- 
edge, Faith  and  Worship,  who  only  doth  enlighten  the  Minds,  and 
persuade  and  convince  the  Understandings  of  People,  I  do  hereby 
grant  and  declare,  That  no  Person  or  Persons,  inhabiting  in  this 
Province  or  Territories,  who  shall  confess  "and  acknowledge  One 
almighty  God,  the  Creator,  Upholder  and  Ruler  of  the  World ;  and 
profess  him  or  themselves  obliged  to  live  quietly  under  the  Civil  Gov- 
ernment, shall  be  in  any  Case  molested  or  prejudiced,  in  his  or  their 
Person  or  Estate,  because  of  his  or  their  conscientious  Persuasion  or 
Practice,  nor  be  compelled  to  frequent  or  maintain  any  religious  Wor- 
ship, Place  or  Ministry,  contrary  to  his  or  their  Mind,  or  to  do  or 
suffer  any  other  Act  or  Thing,  contrary  to  their  religious  Persuasion. 

And  that  all  Persons  who  also  profess  to  believe  in  Jesus  Christy 
the  Saviour  of  the  World,  shall  be  capable  (notw^ithstanding  their 
other  Persuasions  and  Practices  in  Point  of  Conscience  and  Religion) 
to  serve  this  Government  in  any  Capacity,  both  legislatively  and 
executively,  he  or  they  solemnly  promising,  when  lawfully  required. 
Allegiance  to  the  King  as  Sovereign,  and  Fidelity  to  the  Proprietary 
and  Governor,  and  taking  the  Attests  as  now  established  by  the  Law 


3078  Pennsylvania— 1 701 

made  at  New-Castle^  in  the  Year  One  Thousand  and  Seven  Hnndred^ 
entitled,  An  Act  directing  the  Attests  of  several  O fleers  and  Minis- 
ters^ as  now  amended  and  confirmed  this  present  Assembly. 

II 

For  the  well  governing  of  this  Province  and  Territories,  there 
shall  be  an  Assembly  yearly  chosen,  by  the  Freemen  thereof,  to 
consist  of  Four  Persons  out  of  each  County,  of  most  Note  for  Virtue, 
AYisdom  and  Ability,  (or  of  a  greater  number  at  any  Time,  as  the 
Governor  and  Assembly  shall  agree)  upon  the  First  Day  of  October 
for  ever;  and  shall  sit  on  the  Fourteenth  Day  of  the  same  Month,  at 
Philadelphia^  unless  the  Governor  and  Council  for  the  Time  being, 
shall  see  Cause  to  appoint  another  Place  within  the  said  Province  or 
Territories:  Which  Assembly  shall  have  Power  to  chuse  a  Speaker 
and  other  their  Officers ;  and  shall  be  Judges  of  the  Qualjficatimis  and 
Elections  of  their  own  Members;  sit  upon  their  own  xVdjournments; 
aj)point  Committees;  prepare  Bills  in  order  to  pass  into  Laws; 
impeach  Criminals,  and  redress  Grievances;  and  shall  have  all  other 
Powers  and  Privileges  of  an  Assembly,  according  to  the  Rights  of  the 
free-born  Subjects  of  England^  and  as  is  usual  in  any  of  the  King's 
Plantations  in  America. 

And  if  any  County  or  Counites,  shall  refuse  or  neglect  to  chuse 
their  respective  Representatives  as  aforesaid,  or  if  chosen,  do  not 
meet  to  serve  in  Assembly,  those  Avho  are  so  chosen  and  met,  shall 
have  the  full  Power  of  an  Assembly,  in  as  ample  Manner  as  if  all 
the  Representatives  had  been  chosen  and  met,  provided  they  are  not 
less  than  Tico  Thirds  of  the  whole  Number  that  ought  to  meet. 

And  that  the  Qualifications  of  Electors  and  Elected,  and  all  other 
Matters  and  Things  relating  to  Elections  of  Representatives  to  serve 
in  Assemblies,  though  not  herein  particularly  expressed,  shall  be 
and  remain  as  by  a  Law  of  this  Government,  made  at  New-Castle 
in  the  Year  One  Thousand  Seuen  Hundred^  entitled.  An  Act  to  ascer- 
tain the  Number  of  Members  of  Assembly^  and  to  regulate  the 
Elections. 

Ill 

That  the  Freemen  in  each  respective  County,  at  the  Time  and 
Place  of  Meeting  for  Electing  their  Representatives  to  serve  in 
Assembly,  may  as  often  as  there  shall  be  Occasion,  chuse  a  double 
Number  of  Persons  to  present  to  the  Governor  for  Sheriffs  and  Cor- 
oners to  serve  for  Three  Years,  if  so  long  they  behave  themselves 
well;  out  of  Avhich  respective  Elections  and  Presentments,  the  Gov- 
ernor shall  nominate  and  commissionate  one  for  each  of  the  said 
Offices,  the  Third  Day  after  such  Presentment,  or  else  the  First 
named  in  such  Presentment,  for  each  Office  as  aforesaid,  shall  stand 
and  serve  in  that  Office  for  the  Time  before  respectively  limited ;  and 
in  Case  of  Death  or  Default,  such  Vacancies  shall  be  supplied  by 
the  Governor,  to  serve  to  the  End  of  the  said  Term. 

Provided  always.  That  if  the  said  Freemen  shall  at  any  Time  neg- 
lect or  decline  to  chuse  a  Person  or  Persons  for  either  or  both  the 
aforesaid  Offices,  then  and  in  such  Case,  the  Persons  that  are  or  shall 
be  in  the  respective  Offices  of  Sheriffs  or  Coroners,  at  the  Time  of 
Election,  shall  remain  therein,  until  they  shall  be  removed  by  another 
Election  as  aforesaid. 


Pennsylvania — J  701  3079 

And  that  the  Justices  of  the  respective  Counties  shall  or  may  nomi- 
nate and  present  to  the  Governor  Three  Persons,  to  serve  for  Clerk 
of  the  Peace  for  the  said  County,  when  there  is  a  Vacancy,  one  of 
which  the  Governor  shall  commissionate  within  Teii  Days  after  such 
Presentment,  or  else  the  First  nominated  shall  serve  in  the  said  Office 
during  good  Behavior. 

IV 

That  the  Laws  of  this  Government  shall  be  in  this  Stile,  viz.  By 
the  Governor,  icith  the  Co7isent  and  Approbation  of  the  Freemen  in 
General  Assembly  met;  and  shall  be,  after  Confirmation  by  the  Gov- 
ernor, forthwith  recorded  in  the  Rolls  Office,  and  kept  at  Philadel- 
phia, unless  the  Governor  and  Assembly  shall  agree  to  appoint 
another  Place. 

V 

That  all  Criminals  shall  have  the  same  Privileges  of  Witnesses 
and  Council  as  their  Prosecutors. 

VI 

That  no  Person  or  Persons  shall  or  may,  at  any  Time  hereafter, 
be  obliged  to  answer  any  Complaint,  Matter  or  Thing  whatsoever, 
relating  to  Property,  before  the  Governor  and  Council,  or  in  any  other 
Place,  but  in  ordinary  Course  of  Justice,  unless  Appeals  thereunto 
shall  be  hereafter  by  Law  appointed. 

VII 

That  no  Person  within  this  Government,  shall  be  licensed  by  the 
Governor  to  keep  an  Ordinary,  Tavern  or  House  of  Publick  Enter- 
tainment, but  such  who  are  first  recommended  to  him,  under  the 
Hands  of  the  Justices  of  the  respective  Counties,  signed  in  open 
Court;  w^hich  Justices  are  and  shall  be  hereby  impowered,  to  sup- 
press and  forbid  any  Person,  keeping  such  Publick-House  as  afore- 
said, upon  their  Misbehaviour,  on  such  Penalties  as  the  Law  doth  or 
shall  direct;  and  to  recommend  others  from  time  to  time,  as  they  shall 
see  Occasion. 

VIII 

If  any  person,  through  Temptation  or  Melancholy,  shall  destroy 
himself;  his  Estate,  real  and  personal,  shall  notwithstanding  descend 
to  his  Wife  and  Children,  or  Relations,  as  if  he  had  died  a  natural 
Death;  and  if  any  Person  shall  be  destroyed  or  killed  by  Casualty 
or  Accident,  there  shall  be  no  Forfeiture  to  the  Governor  by  reason 
thereof. 

And  no  Act,  Law  or  Ordinance  whatsoever,  shall  at  any  Time  here- 
after, be  made  or  done,  to  alter,  change  or  diminish  the  Form  or 
Effect  of  this  Charter,  or  of  any  Part  or  Clause  therein,  contrary  to 
the  true  Intent  and  Meaning  thereof,  without  the  Consent  of  the  Gov- 
ernor for  the  Time  being,  and  Six  Parts  of  Seven  of  the  Assembly  met. 

But  because  the  Happiness  of  Mankind  depends  so  much  upon  the 
Enjoying  of  Liberty  of  their  Consciences  as  aforesaid,  I  do  hereby 


3080  Pennsylvania— J  701 

solemnly  declare,  promise  and  grant,  for  me,  m}^  Heirs  and  Assigns, 
That  the  First  Article  of  this  Charter  relating  to  Liberty  of  Con- 
science, and  every  Part  and  Clause  therein,  according  to  the  true 
Intent  and  Meaning  thereof,  shall  be  kept  and  remain,  without  any 
Alteration,  inviolably  for  ever. 

And  lastly,  I  the  said  William  Penn,  Proprietary  and  Governor 
of  the  Province  of  Pensilvania^  and  Territories  thereunto  belonging, 
for  myself,  my  Heirs  and  Assigns,  have  solemnly  declared,  granted 
and  confirmed,  and  do  hereby  solemnly  declare,  grant  and  confirm, 
That  neither  I,  my  Heirs  or  Assigns,  shall  procure  or  do  any  Thing 
or  Things  whereby  the  Liberties  in  this  Charter  contained  and  ex- 
pressed, nor  any  Part  thereof,  shall  be  infringed  or  broken:  And  if 
any  thing  shall  be  procured  or  done,  by  any  Person  or  Persons,  con- 
trary to  these  Presents,  it  shall  be  held  of  no  Force  or  Effect. 

In  witness  whereof,  I  the  said  William  Penn^  at  Philadelphia  in 
Pensilvania^  have  unto  this  present  Charter  of  Liberties,  set  my  Hand 
and  broad  Seal,  this  Twenty-Eighth  Day  of  Octoher^m  the  Year  of 
Our  Lord  One  Thousand  Seven  Hundred  and  One^  being  the  Thir- 
teenth Year  of  the  Reign  of  King  William  the  Third^  over  England^ 
Scotland^  France  and  Ireland^  &c.  and  the  Twenty-First  Year  of  my 
Government. 

And  notwithstanding  the  Closure  and  Test  of  this  present  Char- 
ter as  aforesaid,  I  think  fit  to  add  this  following  Proviso  thereunto, 
as  Part  of  the  same.  That  is  to  say^  That  notwithstanding  any  Clause 
or  Clauses  in  the  above-mentioned  Charter,  obliging  the  Province 
and  Territories  to  join  together  in  Legislation,  I  am  content,  and 
do  hereby  declare,  that  if  the  Representatives  of  the  Province  and 
Territories  shall  not  hereafter  agree  to  join  together  in  Legislation, 
and  that  the  same  shall  be  signified  unto  me,  or  my  Deputy,  in  open 
Assembly,  or  otherwise  from  under  the  Hands  and  Seals  of  the  Rep- 
resentatives, for  the  Time  being,  of  the  Province  and  Territories,  or 
the  major  Part  of  either  of  them,  at  any  Time  within  Three  Years 
from  the  Date  hereof,  that  in  such  Case,  the  Inhabitants  of  each  of 
the  Three  Counties  of  this  Province,  shall  not  have  less  than  Eight 
Persons  to  represent  them  in  Assembly,  for  the  Province;  and  the 
Inhabitants  of  the  Town  of  Philadelphia  (when  the  said  Town  is 
incorporated)  Two  Persons  to  represent  them  in  Assembly;  and  the 
Inhabitants  ^of  each  County  in  the  Territories,  shall  have  as  many 
Persons  to  represent  them  in  a  distinct  Assembly  for  the  Territories, 
as  shall  be  by  them  requested  as  aforesaid. 

Notwithstanding  which  Separation  of  the  Province  and  Territo- 
ries, in  Respect  of  Legislation,  I  do  hereby  promise,  grant  and 
declare,  That  the  Inhabitants  of  both  Province  and  Territories,  shall 
separately  enjoy  all  other  Liberties,  Privileges  and  Benefits,  granted 
jointly  to  them  in  this  Charter,  any  Law,  Usage  or  Custom  of  this 
Government  heretofore  made  and  practised,  or  any  Law  made  and 
passed  by  this  General  Assembly,  to  the  Contrary  hereof,  notwith- 
standing. 

William  Penn. 

This  Charter  of  Privileges  being  distinctly  read  in  AsserpMy; 
and  the  whole  and  every  Part  thereof^  heing  approved  of  and  agreed 
to^  hy  usy  we  do  .thankfully  receive  the  same  from  our  Proprietary 


Pennsylvania— 177S  3081 

and  Governor^  at  Philadelphia,  this  Twenty-Eighth  Bay  of  October, 
One  Thousand  Seven  Hundred  and  One.  Signed  on  Behalf^  and  hy 
Order  of  the  Assembly^ 

per  Joseph  Growdon,  Speaker. 

Edward  Shippen,  Griffith  Owen, 

Phineas  Pemberton,  Caleb  Pusey, 

Samuel  Carpenter,  Thomas  Story, 

Proprietary  and  Governor'^s  Council. 


CONSTITUTION  OF  PENNSYLVANIA— 1776  *  « 

Whereas  all  government  ought  to  be  instituted  and  supported  for 
the  security  and  protection  of  the  community  as  such,  and  to  enable 
the  individuals  who  compose  it  to  enjoy  their  natural  rights,  and  the 
other  blessings  which  the  Author  of  existence  has  bestowed  upon  man ; 
and  whenever  these  great  ends  of  government  are  not  obtained,  the 
people  have  a  right,  by  common  consent  to  change  it,  and  take  such 
measures  as  to  them  may  appear  necessary  to  promote  their  safety  and 
happiness.  And  whereas  the  inhabitants  of  this  commonwealth 
have  in  consideration  of  protection  only,  heretofore  acknowledged 
allegiance  to  the  king  of  Great  Britain;  and  the  said  king  has  not 
only  withdrawn  that  protection,  but  commenced,  and  still  continues 
to  carry  on,  with  unabated  vengeance,  a  most  cruel  and  unjust  war 
against  them,  employing  therein,  not  only  the  troops  of  Great  Britain, 
but  foreign  mercenaries,  savages  and  slaves,  for  the  avowed  purpose 
of  reducing  them  to  a  total  and  abject  submission  to  the  despotic 
domination  of  the  British  parliament,  with  many  other  acts  of 
tyranny,  (more  fully  set  forth  in  the  declaration  of  Congress) 
whereby  all  allegiance  and  fealty  to  the  said  king  and  his  successors, 
are  dissolved  and  at  an  end,  and  all  power  and  authority  derived 
from  him  ceased  in  these  colonies.  And  whereas  it  is  absolutely 
necessary  for  the  welfare  and  safety  of  the  inhabitants  of  said  colo- 
nies, that  they  be  henceforth  free  and  independent  States,  and  that 
just,  permanent,  and  proper  forms  of  government  exist  in  every  part 
of  them,  derived  from  and  founded  on  the  authority  of  the  people 

*  The  Proceedings  Relative  to  Calling  the  Conventions  of  177G  and  1790,  the 
Minutes  of  the  Convention  that  formed  the  present  Constitution  of  Pennsyl- 
vania, together  with  the  Charter  to  William  Penn,  the  Constitutions  of 
1776  and  1790,  and  a  view  oT  the  Proceedings  of  the  Convention  of  1776  and 
the  Council  of  Censors.  Harrisburg:  Printed  by  John  S.  Wiestling,  Market 
Street,  1825.     pp.  384.     Index. 

The  Constitution  of  the  Commonwealth  of  Pennsylvania,  as  established  by 
the  General  Convention,  carefully  compared  with  the  original,  to  which  is  added 
a  Report  of  the  Committee  appointed  to  enquire,  "  Whether  the  Constitution  has 
been  preserved  inviolate  in  every  Part,  and  whether  the  legislative  and  execu 
tive  branches  of  Government,  have  performed  their  duty  as  Guardians  of  the 
People,  or  assumed  to  themselves  or  exercised  other  or  greater  Powers,  than 
they  are  entitled  to  by  the  Constitution." 

As  adopted  by  the  Council  of  Censors,  Published  by  their  Order.  Philadel- 
phia:  Printed  by  Francis  Bailey,  at  Yorick's  Head,  in  Market  Street. 
M,  DCC.LXXXIV.     pp.  64. 

oThis  constitution  was  framed  by  a  convention  (called  in  accordance  with  the 
expressed  wish  of  the  Continental  Congress)  which  assembled  at  Philadelphia 
July  15,  1776,  and  completed  its  labors  September  28,  1776.  It  was  not  sub- 
mitted to  the  people  for  ratification. 


3082  Pennsylvania— me 

only,  agreeable  to  the  directions  of  the  honourable  American  Congress. 
We,  the  representatives  of  the  freemen  of  Pennsylvania,  in  general 
convention  met,  for  the  express  purpose  of  framing  such  a  govern- 
ment, confessing  the  goodness  of  the  great  Governor  of  the  universe 
(who  alone  knows  to  what  degree  of  earthly  happiness  mankind  may 
attain,  by  perfecting  the  arts  of  government)  in  permitting  the  peo- 
ple of  this  State,  by  common  consent,  and  without  violence,  deliber- 
ately to  form  for  themselves  such  just  rules  as  they  shall  think  best, 
for  governing  their  future  society ;  and  being  fully  convinced,  that  it 
is  our  indispensable  duty  to  establish  such  original  principles  of  gov- 
ernment, as  will  best  promote  the  general  happiness  of  the  people  of 
this  State,  and  their  posterity,  and  provide  for  future  improvements. 
Without  partiality  for,  or  prejudice  against  any  particular  class,  sect,  or 
'denomination  of  men  whatever,  do,  by  virtue  of  the  authority  vested 
in  use  by  our  constituents,  ordain,  declare,  and  establish,  the  following 
Declaration  of  Bights  and  Frame  of  Government^  to  be  the  Consti- 
tution of  this  commonwealth,  and  to  remain  in  force  therein  for 
ever,  unaltered,  except  in  such  articles  as  shall  hereafter  on  experience 
be  found  to  require  improvement,  and  which  shall  by  the  same  au- 
thority of  the  people,  fairly  delegated  as  this  frame  of  government 
directs,  be  amended  or  imj^roved  for  the  more  effectual  obtaining  and 
securing  the  great  end  and  design  of  all  government,  herein  before 
mentioned.  ^ 


A  DECLARATION   OF  THE  RIGHTS  OF  THE  INHABITANTS  OF   THE  COMMON- 
WEALTH, OR  STATE  OF  PENNSYLVANIA 

I.  That  all  men  are  born  equally  free  and  independent,  and  have 
certain  natural,  inherent  and  inalienable  rights,  amongst  which  are, 
the  enjoying  and  defending  life  and  liberty,  acquiring,  possessing 
and  protecting  property,  and  pursuing  and  obtaining  happiness  and 
safety. 

II.  That  all  men  have  a  natural  and  unalienable  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences 
and  understanding :  And  that  no  man  ought  or  of  right  can  be  com- 
pelled to  attend  any  religious  worship,  or  erect  or  support  any  place 
of  worship,  or  maintain  any  ministry,  contrary  to,  or  against,  his 
own  free  will  and  consent :  Nor  can  any  man,  who  acknowledges  the 

f being  of  a  God,  be  justly  deprived  or  abridged  of  any  civil  right^as 
a  citizen,  on  account  of  his  religious  sentiments  or  peculiar  mode  of 
religious  worship :  And  that  no  authority  can  or  ought  to  be  vested 
in,  or  assumed  by  any  power  whatever,  that  shall  in  any  case  inter- 
fere with,  .or  in  any  manner  controul,  the  right  of  conscience  in  the 
free  exercise  of  religious  worship. 

III.  That  the  people  of  this  State  have  the  sole,  exclusive  and 
inherent  right  of  governing  and  regulating  the  internal  police  of  the 
same. 

IV.  That  all  power  being  originally  inherent  in,  and  consequently 
derived  from,  the  people ;  therefore  all  officers  of  government,  whether 
legislative  or  executive,  are  their  trustees  and  servants,  and  at  all 
times  accountable  to  them. 

'V.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  protection  and  security  of  the  people,  nation  or  community; 
and  not  for  the  particular  emolument  or  advantage  of  any  single  man, 


,   Pennsylvania— 1776  3083 

family,  or  sett  of  men,  who  are  a  pari:  only  of  that  community ;  And 
that  the  community  hath  an  indubitable,  unalienable  and  indefeasible 
right  to  reform,  alter,  or  abolish  government  in  such  manner  as  shall 
be  by  that  community  judged  most  conducive  to  the  public  weal. 

VI.  That  those  who  are  employed  in  the  legislative  and  executive 
business  of  the  State,  may  be  restrained  from  oppression,  the  people 
have  a  right,  at  such  periods  as  they  may  think  proper,  to  reduce 
their  public  officers  to  a  private  station,  and  supply  the  vacancies 
by  certain  and  regular  elections. 

Vn.  That  all  elections  ought  to  be  free ;  and  that  all  free  men  |iav-    | 
ing  a  sufficient  evident  common  interest  wdth,  and  attachment  to  the 
community,  have  a  right  to  elect  officers,  or  to  be  elected  into  office. 

VIII.  That  ^very  member  of  society  hath  a  right  to  be  protected 
in  the  enjoyment  of  life,  liberty  and  property,  and  therefore  is  bound  / 
to  contribute  his  proportion  towards  the  expence  of  that  protection,  [ 
and   yield   his  joersonal   service   Avhen   necessary,   or   an   equivalent 
thereto:  But  no  part  of  a  man's  property  can  be  justly  taken  from 
him,  or  applied  to  public  uses,  without  his  own  consent,  or  that  of 
his  legal  representatives:  Xor  can  any  man  who  is  conscientiously 
scrupulous  of  bearing  arms,  be  justly  compelled  thereto,  if  he  willi 
pay  such  equivalent,  nor  are  the  peoj^le  bound  by  any  laws,  but  such' 
as  they  have  in  like  manner  assented  to,  for  their  common  good. 

IX.  That  in  all  prosecutions  for  criminal  offences,  a  man  hath  a 
right  to  be  heard  by  himself  and  his  council,  to  demand  the  cause 
and  nature  of  his  accusation,  to  be  confronted  with  the  witnesses,  to 
call  for  evidence  in  his  favour,  and  a  speedy  public  trial,  by  an  impar- 
tial jury  of  the  country,  without  the  unanimous  consent  of  which  jury 
he  cannot  be  found  guilty;  nor  can  he  be  compelled  to  give  evidence 
ngainst  himself;  nor  can  any  man  be  justly  deprived  of  his  liberty 
except  b}^  the  laws  of  the  land,  or  the  judgment  of  his  peers. 

X.  That  the  people  have  a  right  to  hold  themselves,  their  houses, 
papers,  and  possessions  free  from  search  and  seizure,  and  therefore 
warrants  without  oaths  or  affirmations  first  made,  affording  a  suffi- 
cient foundation  for  them,  and  whereby  any  officer  or  messenger  may 
be  commanded  or  required  to  search  suspected  places,  or  to  seize 
any  person  or  persons,  his  or  their  property,  not  particularly  de- 
scribed, are  contrary  to  that  right,  and  ought  not  to  be  granted. 

XI.  That  in  controversies  respecting  property,  and  in  suits  be- 
tween man  and  man,  the  parties  have  a  right  to  trial  by  jury,  which 
ought  to  be  held  sacred. 

XII.  That  the  people  have  a  ri^ht  to  freedom  of  speech,  and  of  I 
writing,  and  publishing  their  sentmients;  therefore  the  freedom  of  ( 
the  press  ought  not  to  be  restrained. 

XIII.  That  the  people  have  a  right  to  bear  arms  for  the  defence 
of  themselves  and  the  state;  and  as  standing  armies  in  the  time  of 
peace  are  dangerous  to  liberty,  the}^  ought  not  to  be  kept  up;  And 
that  the  military  should  be  kept  under  strict  subordination  to,  and 
governed  by,  the  civil  power. 

XIV.  That  a  frequent  recurrence  to  fundamental  principles,  and 
a  firm  adherence  to  justice,  moderation,  temperance,  industry,  and 
frugality  are  absolutely  necessary  to  preserve  the  blessings  of  liberty, 
and  keep  a  government  free :  The  people  ou^ht  therefore  to  pay  par- 
ticular attention  to  these  points  in  the  choice  of  officers  and  repre- 
sentatives, and  have  a  right  to  exact  a  due  and  constant  regard  to 


3084  Pennsylvania— 1776 

them,  from  their  legislatures  and  magistrates,  in  the  making  and 
executing  such  laws  as  are  necessary  for  the  good  government  of  the 
state. 

XV.  That  all  men  have  a  natural  inherent  right  to  emigrate  from 
one  state  to  another  that  will  receive  them,  or  to  form  a  new  state  in 
vacant  countries,  or  in  such  countries  as  they  can  purchase,  whenever 
they  think  that  thereby  they  may  promote  their  own  happiness. 

XVI.  That  the  people  have  a  right  to  assemble  together,  to  con- 
sult for  their  common  good,  to  instruct  their  representatives,  and  to 
apply  to  the  legislature  for  redress  of  grievances,  by  address,  petition, 
or  remonstrance. 

PLAN    OR    FRAME    OF    GOVERNMENT    FOR    THE    COMMONWEALTH    OR   STATE 

OF   PENNSYLVANIA 

Section  1.  The  commonwealth  or  state  of  Pennsylvania  shall  be 
governed  hereafter  by  an  assembly  of  the  representatives  of  the  free- 
men of  the  same,  and  a  president  and  council,  in  manner  and  form 
following — 

Sect.  2.  The  supreme  legislative  poAver  shall  be  vested  in  a  house 
of  representatives  of  the  freemen  of  the  commonwealth  or  state  of 
Pennsylvania. 

Sect.  3.  The  supreme  executive  power  shall  be  vested  in  a  presi- 
dent and  council. 

Sect.  4.  Courts  of  justice  shall  be  established  in  the  city  of  Phila- 
delphia, and  in  every  county  of  this  state. 

Sect.  5.  The  freemen  of  this  commonwealth  and  their  sons  shall 
be  trained  and  armed  for  its  defence  under  such  regulations,  restric- 
tions, and  exceptions  as  the  general  assembly  shall  by  law  direct,  pre- 
serving always  to  the  people  the  right  of  choosing  their  colonels  and 
all  commissioned  officers  under  that  rank,  in  such  manner  and  as 
^ften_jLsJ)y  the  said  laws  shall  be  directed. 

Sect.  6.  Every  freemen  of  the  full  age  of  twenty-one  years,  having 
resided  in  this  state  for  the  space  of  one  w^hole  year  next  before  the 
day  of  election  for  representatives,  and  paid  public  taxes  during  that 
time,  shall  enjoy  the  right  of  an  elector:  Provided  always,  that  sons 
of  freeholders  of  the  age  of  twenty-one  years  shall  be  intitled  to 
vote  although  they  have  not  paid  taxes. 

Sect.  7.  The  house  of  representatives  of  the  freemen  of  this  com- 
monwealth shall  consist  of  persons  most  noted  for  wisdom  and  virtue, 
to  be  chosen  by  the  freemen  of  every  city  and  county  of  this  common- 
wealth respectively.  And  no  person  shall  be  elected  unless  he  has 
resided  in  the  city  or  county  for  which  he  shall  be  chosen  two  years 
immediately  before  the  said  election;  nor  shall  any  member,  while 
he  continues  such,  hold  any  other  office,  except  in  the  militia. 

Sect.  8.  No  person  shall  be  capable  of  being  elected  a  member  to 
serve  in  the  house  of  rejDresentatives  of  the  freemen  of  this  common- 
wealth more  than  four  years  in  seven. 

Sect.  9.  The  members  of  the  house  of  representatives  shall  be 
chosen  annually  by  ballot,  by  the  freemen  of  the  commonwealth,  on 
the  second  Tuesday  in  October  forever,  (except  this  present  year.) 
and  shall  meet  on  the  fourth  Monday  of  the  same  month,  and  shall 
be  stiled.  The  general  assembly  of  the  representatives  of  the  freemen 
of  Pennsylvania^  and  shall  have  power  to  choose  their  speaker,  the 


Pennsylvania—  1 776  3085 

treasurer  of  the  state,  and  their  other  officers;  sit  on  their  own 
adjournments;  prepare  bills  and  enact  them  into  laws;  judge  of  the 
elections  and  qualifications  of  their  own  members;  they  may  expel  a 
member,  but  not  a  second  time  for  the  same  cause;  they  may  admin- 
ister oaths  or  affirmations  on  examination  of  witnesses;  redress  griev- 
ances; impeach  state  criminals;  grant  charters  of  incorporation; 
constitute  towns,  boroughs,  cities,  and  counties;  and  shall  have  all 
other  powers  necessary  for  the  legislature  of  a  free  state  or  common- 
Avealth :  But  they  shall  have  no  jDOwer  to  add  to,  alter,  abolish,  or 
infringe  any  part  of  this  constitution. 

Sect.  10.  A  quorum  of  the  house  of  representatives  shall  consist  of 
two-thirds  of  the  whole  number  of  members  elected ;  and  having  met 
and  chosen  their  speaker,  shall  each  of  them  before  they  proceed  to 
business  take  and  subscribe,  as  w^ell  the  oath  or  affirmation  of  fidelity 
and  allegiance  hereinafter  directed,  as  the  following  oath  or  affirma- 
tion, viz : 

/ do  swear  {or  affirm)  that  as  a  Tuemher  of  this  assembly,  I 

will  not  propose  or  assent  to  any  hill,  vote,  or  resolution,  which  shall 
appear  to  me  injurious  to  the  people;  nor  do  or  consent  to  any  act  or 
thing  whatever,  that  shall  have  a  tendency  to  lessen  or  abridge  their 
rights  and  privileges,  as  declared  in  the  constitution  of  this  state;  hut 
will  in  all  things  conduct  myself  as  a  faithful  honest  representative 
and  guardian  of  the  people,  according  to  the  best  of  my  judgment  and 
abilities. 

And  each  member,  before  he  takes  his  seat,  shall  make  and  sub- 
scribe the  following  declaration,  viz : 

/  do  believe  in  one  God,  the  creator  and  governor  of  the  universe, 
the  rewarder  of  the- good  and  the  punisher  of  the  wicked.  And  I  do 
acknowledge  the  Scriptures  of  the  Old  and  New  Testament  to  be 
given  by  Divine  inspiration. 

And  no  further  or  other  religious  test  shall  ever  hereafter  be  re- 
quired of  any  civil  officer  or  magistrate  in  this  State. 

Sect.  11.  Delegates  to  represent  this  state  in  congress  shall  be 
chosen  by  ballot  by  the  future  general  assembly  at  their  first  meeting, 
and  annually  forever  afterwards,  as  long  as  such  representation  shall 
be  necessary.  Any  delegate  may  be  superseded  at  any  time,  by  the 
general  assembly  appointing  another  in  his  stead.  No  man  shall  sit 
in  congress  longer  than  tw^o  years  successively,  nor  be  capable  of  re- 
election for  three  years  afterwards:  and  no  person  who  holds  any 
office  in  the  gift  of  the  congress  shall  hereafter  be  elected  to  repre- 
sent this  commonwealth  in  congress. 

Sect.  12.  If  any  city  or  cities,  county  or  counties  shall  neglect  or 
refuse  to  elect  and  send  representatives  to  the  general  assembly,  two- 
thirds  of  the  members  from  the  cities  or  counties  that  do  elect  and 
send  representatives,  provided  they  be  a  majority  of  the  cities  and 
counties  of  the  whole  state,  when  met,  shall  have  all  the  2:)owers  of 
the  general  assembly,  as  fully  and  amply  as  if  the  whole  were  present. 

Sect.  13.  The  doors  of  the  house  in  which  the  representatives  of  the 
freemen  of  this  state  shall  sit  in  general  assembly,  shall  be  and  remain 
open  for  the  admission  of  all  persons  who  behave  decently,  except 
only  when  the  welfare  of  this  state  may  require  the  doors  to  be  shut,  i 

Sect.  14.  The  votes  and  proceedings  of  the  general  assembly  shall 
be  printed  weekly  during  their  sitting,  with  the  yeas  and  nays,  on  any 
question,  vote  or  resolution,  where  any  two  members  require  it,  except 


3086  Pennsylvania— 1 770 

when  the  vote  is  taken  by  ballot ;  and  when  the  yeas  and  nays  are  so 
taken  every  member  shall  have  a  right  to  insert  the  reasons  of  his 
vote  upon  the  minutes,  if  he  desires  it. 

Sect.  15.  To  the  end  that  laws  before  they  are  enacted  may  be  more 
maturely  considered,  and  the  inconvenience  of  hasty  determinations 
as  much  as  possible  prevented,  all  bills  of  public  nature  shall  be 
printed  for  the  consideration  of  the  people,  before  they  are  read  in 
general  assembly  the  last  time  for  debate  and  amendment;  and,  ex- 
cept on  occasions  of  sudden  necessity,  shall  not  be  passed  into  laws 
until  the  next  session  of  assembly ;  and  for  the  more  perfect  satisfac- 
tion of  the  public,  the  reasons  and  motives  for  making  such  laws  shall 
be  fully  and  clearly  expressed  in  the  preambles. 

Sect.  16.  The  stile  of  the  laws  of  this  commonwealth  shall  be,  "  Be 
it  enacted,  and  it  is  hereby  Enacted  by  the  representatives  of  the  free- 
men of  th^  commonwealth  of  Pennsylvania  in  general  assembly  met,- 
and  by  the  authority  of  the  same."  And  the  general  assembly  shall 
affix  their  seal  to  every  bill,  as  soon  as  it  is  enacted  into  a  law,  which 
seal  shall  be  kept  by  the  assembly,  and  shall  be  called.  The  seal  of  the 
laws  of  Pennsylvania,  and  shall  not  be  used  for  any  other  purpose. 

Sect.  17.  The  city  of  Philadelphia  and  each  county  of  this  com- 
monwealth respectively,  shall  on  the  first  Tuesday  of  November  in 
this  present  year,  and  on  the  second  Tuesday  of  October  annually 
for  the  tw^o  next  succeeding  years,  viz.  the  year  one  thousand  seven 
hundred  and  seventy-seven,  and  the  year  one  thousand  seven  hundred 
and  seventy-eight,  choose  six  persons  to  represent  them  in  general 
assembly.  But  as  representation  in  proportion  to  the  number  of 
taxable  inhabitants  is  the  only  principle  which  can  at  all  times  secure 
liberty,  and  make  the  voice  of  a  majority  of  the  people  the  law  of 
the  land ;  therefore  the  general  assembly  shall  cause  complete  lists  of 
the  taxable  inhabitants  in  the  city  and  each  county  in  the  common- 
wealth respectively,  to  be  taken  and  returned  to  them,  on  or  before 
the  last  meeting  of  the  assembly  elected  in  the  year  one  thousand 
seven  hundred  and  seventy-eight,  who  shall  appoint  a  representation 
to  each,  in  proportion  to  the  number  of  taxables  in  such  returns ;  which 
representation  shall  continue  for  the  next  seven  years  afterwards 
at  the  end  of  which,  a  new  return  of  the  taxable  inhabitants  shall  be 
made,  and  a  representation  agreeable  thereto  appointed  by  the  said 
assembly,  and  so  on  septennially  forever.  The  wages  of  the  repre- 
sentatives in  general  assembly,  and  all  other  state  charges  shall  be 
paid  out  of  the  state  treasury.  ") 

Sect.  18.  In  order  that  the  freemen  of  this  commonwealth  may 
enjoy  the  benefit  of  election  as  equally  as  may  be  until  the  repre- 
sentation shall  commence,  as  directed  in  the  foregoing  section,  each 
county  at  its  own  choice  may  be  divided  into  districts,  hold  elections 
therein,  and  elect  their  representatives  in  the  county,  and  their  other 
elective  officers,  as  shall  be  hereafter  regulated  by  the  general  assem- 
bly of  this  state.  And  no  inhabitant  of  this  state  shall  have  more 
than  one  annual  vote  at  the  general  election  for  representatives  in 
assembly. 

Sect.  19.  For  the  present  the  supreme  executive  council  of  this 
state  shall  consist  of  twelve  persons  chosen  in  the  following  manner: 
Tli;e  freemen  of  the  city  of  Philadelphia,  and  of  the  counties  of  Phila- 
delphia, Chester,  and  Bucks,  respectively,  shall  choose  by  ballot  one 
person  for  the  city,  and  one  for  each  county  aforesaid,  to  serve  for 


Pennsylvania — 1776  3087 

three  years  and  no  longer,  at  the  time  and  place  for  electing  repre- 
sentatives in  general  assembly.  The  freemen  of  the  counties  of  Lan- 
caster, York,  Cumberland,  and  Berks,  shall,  in  like  manner  elect  one 
person  for  each  county  respectively,  to  serve  as  counsellors  for  two 
years  and  no  longer.  And  the  counties  of  Northampton,  Bedford, 
Northumberland  and  Westmoreland,  respectively,  shall,  in  like  man- 
ner, elect  one  person  for  each  county,  to  serve  as  counsellors  for  one 
year,  and  no  longer.  And  at  the  expiration  of  the  time  for  which 
each  counsellor  was  chosen  to  serve,  the  freemen  of  the  city  of  Phila- 
delphia, and  of  the  several  counties  in  this  state,  respectively,  shall 
elect  one  person  to  serve  as  counsellor  for  three  years  and  no  longer ; 
and  so  on  every  third  year  forever.  By  this  mode  of  election  and 
continual  rotation,  more  men  will  be  trained  to  public  business,  there 
will  in  every  subsequent  year  be  found  in  the  council  a  number  of 
persons  acquainted  with  the  proceedings  of  the  foregoing  years, 
whereby  the  business  will  be  more  consistently  conducted,  and  more- 
over the  danger  of  establishing  an  inconvenient  aristocracy  will  be 
effectually  prevented.  All  vacancies  in  the  council  that  may  happen 
by  death,  resignation,  or  otherwise,  shall  be  filled  at  the  next  general 
election  for  representatives  in  general  assembly,  unless  a  particular 
election  for  that  purpose  shall  be  sooner  appointed  by  the  president 
and  council.  No  member  of  the  general  assembly  or  delegate  in  con- 
gress, shall  be  chosen  a  member  of  the  council.  The  president  and 
vice-president  shall  be  chosen  annually  by  the  joint  ballot  of  the  gen- 
eral assembly  and  council,  of  the  members  of  the  council.  xVny  per- 
son having  served  as  a  counsellor  for  three  successive  years,  shall  bo 
incapable  of  holding  that  office  for  four  years  afterwards.  Ev^ery 
member  of  the  council  shall  be  a  justice  of  the  peace  for  the  whole 
commonwealth,  by  virtue  of  his  office. 

In  case  new  additional  counties  shall  hereafter  be  erected  in  this 
state,  such  county  or  counties  shall  elect  a  counsellor,  and  such  county 
or  counties  shall  be  annexed  to  the  next  neighbouring  counties,  and 
shall  take  rotation  with  such  counties. 

The  coimcil  shall  meet  annually,  at  the  same  time  and  place  w^th 
the  general  assembly. 

The  treasurer  of  the  state,  trustees  of  the  loan  office,  naval  officers, 
collectors  of  customs  or  excise,  judge  of  the  admirality,  attornies  gen- 
eral, sheriffs,  and  prothonotaries,  shall  not  be  capable  of  a  seat  in  the 
general  assembly,  executive  council,  or  continental  congress. 

Sect.  20.  The  president,  and  in  his  absence  the  vice-president,  with 
the  council,  five  of  whom  shall  be  a  quorum,  shall  have  power  to  ap- 
point and  commissionate  judges,  naval  officers,  judge  of  the  admir- 
alty, attorney  general  and  all  other  officers,  civil  and  military,  except 
such  as  are  chosen  by  the  general  assembly  or  the  people,  agreeable 
to  this  frame  of  government,  and  the  laAvs  that  may  be  made  here- 
after; and  shall  supply  every  vacancy  in^any  office,  occasioned  by 
death,  resignation,  removal  or  disqualification,  until  the  office  can  be 
filled  in  the  time  and  manner  directed  by  law  or  this  constitution. 
They  are  to  correspond  with  other  states,  and  transact  business  with 
the  officers  of  government,  civil  and  military;  and  to  prepare  such 
business  as  may  appear  to  them  necessary  to  lay  before  the  general 
assembly.  They  shall  sit  as  judges,  to  hear  and  determine  on  im- 
peachments, taking  to  their  assistance  for  advice  only,  the  justices  of 
the  supreme  court.    And  shall  have  power  to  grant  pardonSj  and 


3088  Pennsylvania— 1 776 

remit  fines,  in  all  cases  whatsoever,  except  in  cases  of  impeachment; 
and  in  cases  of  treason  and  murder,  shall  have  power  to  grant  re- 
prieves, but  not  to  pardon,  until  the  end  of  the  next  sessions  of  assem- 
bly ;  but  there  shall  be  no  remission  or  mitigation  of  punishments  on 
impeachments,  except  by  act  of  the  legislature;  they  are  also  to  take 
care  that  the  laws  be  faithfully  executed;  they  are  to  expedite  the 
execution  of  such  measures  as  may  be  resolved  upon  by  the  general 
assembly;  and  they  may  draw  upon  the  treasury  for  such  sums  as 
shall  be  appropriated  by  the  house :  They  may  also  lay  embargoes,  or 
prohibit  the  exportation  of  any  commodity,  for  any  time,  not  exceed- 
ing thirty  days,  in  the  recess  of  the  house  only :  They  may  grant  such 
licences,  as  shall  be  directed  by  law,  and  shall  have  power  to  call  to- 
gether the  general  assembly  when  necessary,  before  the  day  to  which 
they  shall  stand  adjourned.  The  president  shall  be  commander  in 
chief  of  the  forces  of  the  state,  but  shall  not  command  in  person, 
except  advised  thereto  by  the  council,  and  then  only  so  long  as  they 
shall  approve  thereof.  The  president  and  council  shall  have  a  sec- 
retary, and  keep  fair  books  of  their  proceedings,  wherein  any  coun- 
sellor may  enter  his  dissent,  Avith  his  reasons  in  support  of  it. 

Sect.  21.  All  commissions  shall  be  in  the  name,  and  by  the  author- 
ity of  the  freemen  of  the  commonwealth  of  Pennsylvania,  sealed  with 
the  state  seal,  signed  by  the  president  or  vice-president,  and  attested 
by  the  secretary ;  which  seal  shall  be  kept  by  the  council. 

Sect.  22.  Every  officer  of  state,  whether  judicial  or  executive,  shall 
be  liable  to  be  impeached  by  the  general  assembly,  either  when  in 
office,  or  after  his  resignation  or  removal  for  mal-administration :  All 
impeachments  shall  be  before  the  president  or  vice-president  and 
council,  who  shall  hear  and  determine  the  same. 

Sect.  23.  The  judges  of  the  supreme  court  of  judicature  shall  have 
fixed  salaries,  be  commissioned  for  seven  years  only,  though  capable 
of  re-appointment  at  the  end  of  that  term,  but  removable  for  mis- 
behaviour at  any  time  by  the  general  assembly;  they  shall  not  be 
allowed  to  sit  as  members  in  the  continental  congress,  executive  coun- 
cil, or  general  assembly,  nor  to  hold  any  other  office  civil  or  military, 
nor  to  take  or  receive  fees  or  perquisites  of  any  kind. 

Sect.  24.  The  supreme  court,  and  the  several  courts  of  common 
pleas  of  this  commonwealth,  shall,  besides  the  powers  usually  exer- 
cised by  such  courts,  have  the  powers  of  a  court  of  chancery,  so  far 
as  relates  to  the  perpetuating  testimony,  obtaining  evidence  from 
places  not  within  this  state,  and  the  care  of  the  persons  and  estates  of 
those  who  are  non  compotes  mentis^  and  such  other  powers  as  may  be 
found  necessary  by  future  general  assemblies,  not  inconsistent  with 
this  constitution. 

Sect.  25.  Trials  shall  be  by  jury  as  heretofore:  And  it  is  recom- 
mended to  the  legislature  of  this  state,  to  provide  by  law  against 
every  corruption  or  partiality  in  the  choice,  return,  or  appointment 
of  juries. 

Sect.  26.  Courts  of  sessions,  common  pleas,  and  orphans  courts 
shall  be  held  quarterly  in  each  city  and  county;  and  the  legislature 
shall  have  power  to  establish  all  such  other  courts  as  they  may  judge 
for  the  good  of  the  inhabitants  of  the  state.  All  courts  shall  be  open, 
and  jijstice  shall  be  impartially  administered  without  corruption  or 
unnecessary  delay:  All  their  officers  shall  be  paid  an  adequate  but 
moderate  compensation  for  their  services:  And  if  any  officer  shall 


Pennsylvania— 1776  3089 

take  greater  or  other  fees  than  the  law  allows  him,  either  directly  or 
indirectly,  it  shall  ever  after  disqualify  him  from  holding  any  office 
in  this  state. 

Sect.  27.  All  prosecutions  shall  commence  in  the  name  and  by  the 
authority  of  the  freemen  of  the  commonwealth  of  Pennsylvania;  and 
all  indictments  shall  conclude  with  these  words,  ''Against  the  peace 
and  dignity  of  the  same^  The  style  of  all  process  hereafter  in  this 
state  shall  be.  The  commonwealth  of  Pennsylvania. 

Sect.  28.  The  person  of  a  debtor,  where  there  is  not  a  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison,  after  delivering 
up,  bona  flde^  all  his  estate  real  and  personal,  for  the  use  of  his 
creditors,  in  such  manner  as  shall  be  hereafter  regulated  by  law.  All 
prisoners  shall  be  bailable  by  sufficient  sureties,  unless  for  capital 
offences,  when  the  proof  is  evident,  or  presumption  great. 

Sect.  29.  Excessive  bail  shall  not  be  exacted  for  bailable  offences: 
And  all  fines  shall  be  moderate. 

Sect.  30.  Justices  of  the  peace  shall  be  elected  by  the  freeholders 
of  each  city  and  county  respectively,  that  is  to  say,  two  or  more  per- 
sons may  be  chosen  for  each  ward,  township,  or  district,  as  the  law 
shall  hereafter  direct :  And  their  names  shall  be  returned  to  the  presi- 
dent in  council,  who  shall  commissionate  one  or  more  of  them  for 
each  ward,  township,  or  district  so  returning,  for  seven  years,  remov- 
able for  misconduct  by  the  general  assembly.  But  if  any  city  or 
county,  ward,  township,  or  district  in  this  commonw^ealth,  shall  here- 
after incline  to  change  the  manner  of  appointing  their  justices  of  the 
peace  as  settled  in  this  article,  the  general  assembly  may  make  laws  to 
regulate  the  same,  agreeable  to  the  desire  of  a  majority  of  the  free- 
holders of  the  city  or  county,  ward,  township,  or  district  so  applying. 
No  justice  of  the  peace  shall  sit  in  the  general  assembly  unless  he  first 
resigns  his  commission ;  nor  shall  he  be  allowed  to  take  any  fees,  nor 
any  salary  or  allowance,  except  such  as  the  future  legislature  may 
grant. 

Sect.  31.  Sheriffs  and  coroners  shall  be  elected  annually  in  each 
city  and  county,  by  the  freemen ;  that  is  to  say,  two  persons  for  each 
office,  one  of  whom  for  each,  is  to  be  commissioned  by  the  president  in 
council.  No  person  shall  continue  in  the  office  of  sheriff  more  than 
three  successive  years,  or  be  capable  of  being  again  elected  during 
four  years  afterwards.  The  election  shall  be  held  at  the  same  time 
and  place  appointed  for  the  election  of  representatives :  And  the  com- 
missioners and  assessors,  and  other  officers  chosen  by  the  people,  shall 
also  be  then  and  there  elected,  as  has  been  usual  heretofore,  until 
altered  or  otherwise  regulated  by  the  future  legislature  of  this  state. 

Sect.  32.  All  elections,  whether  by  the  people  or  in  general  assem- 
bly, shall  be  by  ballot,  free  and  voluntary:  And  any  elector,  who 
shall  receive  any  gift  or  reward  for  his  vote,  in  meat,  drink,  monies, 
or  otherwise,  shall  forfeit  his  right  to  elect  for  that  time,  and  suffer 
such  other  penalties  as  future  laws  shall  direct.  And  any  person  who 
shall  directly  or  indirectly  give,  promise,  or  bestow  any  such  rewards 
to  be  elected,  shall  be  thereby  rendered  incapable  to  serve  for  the 
ensuing  year. 

Sect.  33.  All  fees,  licence  money,  fines  and  forfeitures  heretofore 
granted,  or  paid  to  the  governor,  or  his  deputies  for  the  support  of 


3090  Pennsylvania— 1 776 

government,  shall  hereafter  be  paid  into  the  public  treasury,  unless 
altered  or  abolished  by  the  future  legislature. 

Sect.  34.  A  register's  office  for  the  probate  of  wills  and  granting 
letters  of  administration,  and  an  office  for  the  recording  of  deeds, 
shall  be  kept  in  each  city  and  county:  The  officers  to  be  appointed 
by  the  general  assembly,  removable  at  their  pleasure;  and  to  be 
commissioned  by  the  president  in  council. 

Sect.  35.  The  printing  presses  shall  be  free  to  every  person  who 
undertakes  to  examine  the  proceedings  of  the  legislature,  or  any  part 
of  government. 

Sect.  36.  As  every  freeman  to  preserve  his  independence,  (if  with- 
out a  sufficient  estate)  ought  to  have  some  profession,  calling,  trade 
or  farm,  whereby  he  may  honestly  subsist,  there  can  be  no  necessity 
for,  nor  use  in  establishing  offices  of  profit,  the  usual  effects  of  which 
are  dependence  and  servility  unbecoming  freemen,  in  the  possessors 
and  expectants;  faction,  contention,  corruption,  and  disorder  among 
the  people.  But  if  any  man  is  called  into  public  service,  to  the  preju- 
dice of  his  private  aff'airs,  he  has  a  right  to  a  reasonable  compensa- 
tion :  And  whenever  an  office,  through  increase  of  fees  or  otherwise, 
becomes  so  profitable  as  to  occasion  many  to  apply  for  it,  the  profits 
ought  to  be  lessened  by  the  legislature. 

Sect.  37.  The  future  legislature  of  this  state,  shall  regulate  intails 
in  such  a  manner  as  to  prevent  perpetuities. 

Sect.  38.  The  penal  laws  as  heretofore  used  shall  be  reformed  by 
the  legislature  of  this  state,  as  soon  as  may  be,  and  punishments  made 
in  some  cases  less  sanguinary,  and  in  general  more  proportionate 
to  the  crimes. 

Sect.  39.  To  deter  more  effectually  from  the  commission  of  crimes, 
by  continued  visible  punishments  of  long  duration,  and  to  make  san- 
guinary punishments  less  necessary;  houses  ought  to  be  provided 
for  punishing  by  hard  labour,  those  who  shall  be  convicted  of  crimes 
not  capital;  wherein  the  criminals  shall  be  imployed  for  the  benefit 
of  the  public,  or  for  reparation  of  injuries  done  to  private  persons: 
And  all  persons  at  proper  times  shall  be  admitted  to  see  the  prisoners 
at  their  labour. 

Sect.  40.  Every  officer,  whether  judicial,  executive  or  military,  in 
authority  under  this  commonwealth,  shall  take  the  following  oath  or 
affirmation  of  allegiance,  and  general  oath  of  office  before  he  enters 
on  the  execution  of  his  office. 

THE    OATH    OR   AFFIRMATION    OF    ALLEGIANCE 

do  swear  {or  affhriYi)  that  I  will  he  true  and  faithful  to  the 


commonwealth  of  Pennsylvania:  And  that  I  will  not  directly  or 
indirectly  do  any  act  or  thing  prejudicial  or  injurious  to  the  consti- 
tution or  government  thereof^  as  established  hy  the  convention. 


THE    OATH    OR    AFFIRMATION    OF   OFFICE 


/ do  swear  {or  affirm)  that  I  will  faithfully  execute  the  office 

of for  the of and  will  do  equal  right  and  justice 

to  all  men^  to  the  hest  of  my  judgment  and  abilities^  according  to  law. 

Sect.  41.  No  public  tax,  custom  or  contribution  shall  be  imposed 
upon,  or  paid  by  the  people  of  this  state,  except  by  a  law  for  that  pur- 


Pennsylvania— 1776  3091 

pose:  And  before  any  law  be  made  for  raising  it,  the  purpose  for 
which  any  tax  is  to  be  raised  ought  to  appear  clearly  to  the  legisla- 
ture to  be  of  more  service  to  the  community  than  the  money  would 
be,  if  not  collected;  which  being  well  observed,  taxes  can  never  be 
burthens. 

Sect.  42.  Every  foreigner  of  good  character  who  comes  to  settle 
in  this  state,  having  first  taken  an  oath  or  affirmation  of  allegiance  to 
the  same,  may  purchase,  or  by  other  just  means  acquire,  hold,  and 
transfer  land  or  other  real  estate;  and  after  one  year's  residence, 
shall  be  deemed  a  free  denizen  ther^f,  and  entitled  to  all  the  rights 
of  a  natural  born  subject  of  this  smte,  except  that  he  shall  not  be 
capable  of  being  elected  a  representative  until  after  two  years  res- 
idence. ^  -^ 

Sect.  43.  The  inhabitants  of  this  state  shall  have  liberty  to  fowl 
and  hunt  in  seasonable  times  on  the  lands  they  hold,  and  on  all 
other  lands  therein  not  inclosed;  and  in  like  manner  to  fish  in  alli 
boatable  waters,  and  others  not  private  property. 

Sect.  44.  A  school  or  schools  shall  be  established  in  each  county  by 
the  legislature,  for  the  convenient  instruction  of  youth,  with  such 
salaries  to  the  masters  paid  by  the  public,  as  may  enable  them  to 
instruct  youth  at  low  prices:  And  all  useful  learning  shall  be  duly 
encouraged  and  promoted  in  one  or  more  universities. 

Sect.  45.  Laws  for  the  encouragement  of  virtue,  and  prevention  of 
vice  and  immorality,  shall  be  made  and  constantly  kept  in  force,  and 
provision  shall  be  made  for  their  due  execution :  And  all  religious  so- 
cieties or  bodies  of  men  heretofore  united  or  incorporated  for  the 
advancement  of  religion  or  learning,  or  for  other  pious  and  charitable 
purposes,  shall  be  encouraged  and  protected  in  the  enjoyment  of  the 
privileges,  immunities  and  estates  which  they  were  accustomed  to 
enjoy,  or  could  of  right  have  enjoyed,  under  the  laws  and  former 
constitution  of  this  state. 

Sect.  46.  The  declaration  of  rights  is  hereby  declared  to  be  a  part 
of  the  constitution  of  this  connnonwealth,  and  ought  never  to  be 
violated  on  any  pretence  whatever. 

Sect.  47.  In  order  that  the  freedom  of  the  commonwealth  may  be 
preserved  inviolate  forever,  there  shall  be  chosen  by  ballot  by  the 
freemen  in  each  city  and  county  respectively,  oil  the  second  Tuesday 
in  October,  in  the  year  one  thousand  seven  hundred  and  eighty-three, 
and  on  the  second  Tuesday  in  October,  in  every  seventh  year  there- 
after, two  persons  in  each  city  and  county  of  this  state,  to  be  called 
the  Council  of  Censors;  who  shall  meet  together  on  the  second 
Monday  of  November  next  ensuing  their  election;  the  majority  of 
whom  shall  be  a  quorum  in  every  case,  except  as  to  calling  a  con- 
vention, in  which  two-thirds  of  the  whole  number  elected  shall  agree : 
And  whose  duty  it  shall  be  to  enquire  whether  the  constitution  has 
been  preserved  inviolate  in  every  part;  and  whether  the  legislative 
and  executive  branches  of  government  have  performed  their  duty 
as  guardians  of  the  people,  or  assumed  to  themselves,  or  exercised 
other  or  greater  powers  than  they  are  intitled  to  by  the  constitution: 
They  are  also  to  enquire  whether  the  public  taxes  have  been  justly 
laid  and  collected  in  all  parts  of  this  commonwealth,  in  what  manner 
the  public  monies  have  been  disposed  of,  and  whether  the  laws  have 
been  duly  executed.  For  these  purposes  they  shall  have  power  to 
send  for  persons,  papers,  and  records;  they  shall  have  authority  to 

7254— VOL  5—09 36 


3092  Pennsylvania— 1 790 

pass  public  censures,  to  order  impeachments,  and  to  recommend  to 
the  legislature  the  repealing  such  laws  as  appear  to  them  to  have 
been  enacted  contrary  to  the  principles  of  the  constitution.  These 
powers  they  shall  continue  to  have,  for  and  during  the  space  of  one 
year  from  the  day  of  their  election  and  no  longer:  The  said  council 
of  censors  shall  also  have  power  to  call  a  convention,  to  meet  within 
two  years  after  their  sitting,  if  there  appear  to  them  an  absolute 
necessity  of  amending  any  article  of  the  constitution  which  may  be 
defective,  explaining  such  as  may  be  thought  not  clearly  expressed, 
and  of  adding  such  as  are  necessary  for  the  preservation  of  the  rights 
and  happiness  of  the  people :  But  the  articles  to  be  amended,  and  the 
amendments  proposed,  and  such  articles  as  are  proposed  to  be  added 
or  abolished,  shall  be  promulgated  at  least  six  months  before  the  day 
appointed  for  the  election  of  such  convention,  for  the  previous  con- 
sideration of  the  people,  that  they  may  have  an  opportunity  of  in- 
structing their  delegates  on  the  subject. 

Passed  in  Convention  the  28th  day  of  September,  1776,  and  signed 
by  their  order. 

Benj.  Franklin,  Pr^s^. 


CONSTITUTION  OF  PENNSYLVANIA— 1790  *  « 

We,  the  people  of  the  commonwealth  of  Pennsylvania,  ordain  and 
establish  this  constitution  for  its  government. 

Article  I 

Section  1.  The  legislative  power  of  this  commonwealth  shall  be 
vested  in  a  general  assembly,  which  shall  consist  of  a  senate  and  hoiise^ 
of  representatives.  /^'^"''~   ' 

Sec.  2.  The  representatives  shall  be  chosen,  annually,  by  the  citizens 
of  the  city  of  Philadelphia,  and  of  each  county  respectively,  on  the 
second  Tuesday  of  October. 

Sec.  3.  No  person  shall  be  a  representative,  w^ho  shall  iigt  have 
attained  the  age  of , twenty-one  years,  and  have  been  a  citizeiT^nd 
inhabitant  of  the  State  three  years  next  preceding  his  election,  and  the 
last  year  thereof  an  inhabitant  of  the  city  or  county  in  whichiie  shall 
be  chosen ;  unless  he  shall  have  been  absent  on  the  f)ublic  business  of 
the  United  States,  or  of  this  State.     No  person,  residing  within  any 

*  "  Minutes  of  the  Grand  Committee  of  the  whole  convention  of  the  Common- 
wealth of  Pennsylvania,  which  commenced  at  Philadelphia,  on  Tuesday,  the 
twenty-fourth  day  of  November,  in  the  year  of  Our  Lord  One  Thousand  Seven 
Hundred  and  Eighty-nine,  for  the  purpose  of  reviewing,  and.  if  they  see 
occasion,  altering  and  amending,  the  constitution  of  this  State.  Philadelphia : 
Printed  by  Zachariah  Poulson,  Jun.  in  Fourth  Street,  between  Market  Street 
and  Arch  Street."     101  pp. 

"  Minutes  of  the  Second  session  of  the  Convention  of  the  Commonwealth  of 
Pennsylvania,  which  commenced  at  Philadelphia,  on  Monday  the  ninth  day  of 
August,  in  the  year  of  Our  Lord  One  Thousand  Seven  Hundred  and  Ninety." 
222  pp. 

a  This  constitution  was  framed  by  a  convention  which  assembled  at  .Phila- 
delphia, November  24,  1789,  completed  its  labors  February  26,  1790,  and  then 
adjouriied  that  the  people  might  examine  their  work.  The  convention  reas- 
sembled August  9,  1790,  and  formally  proclaimed  the  new  constitution  Sep- 
tember 2,  1790. 


Pennsylvania— 1790  3093 

city,  town,  or  borough,  which  shall  be  entitled  to  a  separate  repre- 
sentation, shall  be  elected  a  member  for  any  county;  nor  shall  any 
person  residing  without  the  limits  of  any  such  city,  town,  or  borough, 
be  elected  a  member  therefor. 

Sec.  4.  Within  three  years  after  the  first  meeting  of  the  general 
assembly,  and  within  every  subsequent  term  of  seven  years,  an  enu- 
meration of  the  taxable  inhabitants  shall  be  made,  in  such  manner 
as  shall  be  directed  by  law.  The  number  or  representatives  shall, 
at  the  several  period^  of  making  such  enumeration,  be  fixed  by  the 
legislature,  and  apportioned  among  the  city  of  Philadelphia  and  the 
several  counties,  according  to  the  number  of  taxable  inhabitants  in 
each ;  and  shall  never  be  less  than  sixty,  nor  greater  than  one  hun- 
dred. Each  county  shall  have,  at  least,  one  representative;  but  no 
county,  hereafter  erected,  shall  be  entitled  to  a  separate  representa- 
tion, until  a  sufficient  number  of  taxable  inhabitants  shall  be  con- 
tained within  it,  to  entitle  them  to  one  representative,  agreeably  to 
the  ratio  which  shall  then  be  established.  ^  ^ 

Sec.  5.  The  senators  shall  be  chosen  for  four  years  by  the  citizens 
of  Philadelphia,  and  of  the  several  counties,  at  the  same  time,  in  the 
same  manner,  and  at  the  same  places  where  they  shall  >ete-^Gr  rep- 
resentatives. 

Sec.  6.  The  number  of  senators  shall,  at  the  several  periods  of 
making  the  enumeration  before  mentioned,  be  fixed  by  the  legislature, 
and  apportioned  among  the  districts,  formed  as  hereinafter  directed, 
according  to  the  number  of  taxable  inhabitants  in  each;  and  shall 
never  be  less  than  one- fourth,  nor  greater  than  one- third,  of  the 
number  of  representatives. 

Sec.  7.  The  senators  shall  be  chosen  in  districts,  to  be  formed  by 
the^Bgrsiature,  each  district  containing  such  a  number  of  taxable  in- 
^labitants  as  shall  be  entitled  to  elect  not  more  than  four  senators. 
Wheft~a.-di«trrct  shall  be  composed  of  two  or  more  counties,  they  shall 
be  adjoining.  Neither  the  city  of  Philadelphia  nor  any  county  shall 
be  divided  in  forming  a  district. 

Sec.  8.  No  person  shall  be  a  senator,  wdio  shall  not  have  attained 
the  age  of  twenty-five  years,  and  have  been  a  citizen  and  inhabitant 
of  the  State  four  years  next  before  his  election,  and  the  last  year 
thereof  an  inhabitant  of  the  district  for  which  he  shall  be  chosen, 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States,  or  of  this  State. 

Sec.  9.  Immediately  after  the  senators  shall  be  assembled,  in  con- 
sequence of  the  first  election,  subsequent  to  the  first  enumeration,  they 
shall  be  divided,  by  lot,  as  equally  as  may  be,  into  four  classes.  The 
seats  of  the  senators  of  the  first  class  shall  be  vacated  at  the  expira- 
tion of  the  first  year,  of  the  second  class  at  the  expiration  of  the 
second  year,  of  the  third  class  at  the  expiration  of  the  third  year, 
and  of  the  fourth  class  at  the  expiration  of  the  fourth  year;  so  that 
one- fourth  may  be  chosen  every  year. 

Sec.  10.  The  general  assembly  shall  meet  on  the  first  Tuesday  of 
December  in  every  year,  unless  sooner  convened  by  the  governor. 

Sec.  11.  Each  house  shall  choose  its  speaker  and  other  officers; 
and  the  senate .  shall  also  choose  a  speaker  pro  tempore,  when  the 
speaker  shall  exercise  the  office  of  governor. 

Sec.  12.  Each  house  shall  judge  of  the  qualifications  of  its  members. 
Contested  elections  shall  be  determined  by  a  committee,  to  be  selected, 


3094  Pennsylvania — 1 790 

formed,  and  regulated  in  such  manner  as  shall  be  directed  by  law. 
A  majority  of  each  house  shall  constitute  a  quorum  to  do  business; 
but  a  smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized,  by  law,  to  compel  the  attendance  of  absent  members,  in 
such  manner,  and  under  such  penalties,  as  may  be  provided. 

Sec.  13.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  cause;  and  shall  have  all  other  powers  necessary  for  a  branch 
of  the  legislature  of  a  free  State. 

Sec.  14.  Each  house  shall  keep  a  journal  of  its  proceedings,  and 
publish  them  weekly,  except  such  parts  as  may  require  secrecy :  And 
the  yeas  and  nays  of  the  members  on  any  question  shall,  at  the  desire 
of  any  two  of  them,  be  entered  on  the  journals. 

Sec.  15.  The  doors  of  each  house,  and  of  committees  of  the  whole, 
shall  be  open  unless  when  the  business  shall  be  such  as  ought  to  be 
kept  secret. 

Sec.  16.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  it.  The  senators  and  representatives  shall  receive  a  compensa- 
tion for  their  services,  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  commonwealth.  They  shall,  in  all  cases,  except  trea- 
son, felony,  and  breach  or  surety  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  the  respective  houses, 
and  in  going  to  and  returning  from  the  same :  And  for  any  speech  or 
debate  in  either  house  they  shall  not  be  questioned  in  any  other  place. 

Sec.  18.  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  commonwealth,  which  shall  have  been  created,  or  the  emoluments 
of  which  shall  have  been  increased,  during  such  time ;  and  no  member 
of  Congress,  or  other  person  holding  any  office  (except  of  attorney  at 
law  and  in  the  militia)  under  the  United  States,  or  this  common- 
wealth, shall  be  a  member  of  either  house  during  his  continuance  in 
Congress,  or  in  office. 

Sec.  19.  When  vacancies  happen  in  either  house,  the  speaker  shall 
issue  writs  of  election  to  fill  such  vacancies. 

Sec.  20.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives ;  but  the  senate  may  propose  amendments,  as  in  other 
bills. 

Sec.  21.  No  money  shall  be  drawn  from  the  treasury,  but  in  conse- 
quence of  appropriations  made  by  law. 

Sec.  22.  Every  bill,  which  shall  have  passed  both  houses,  shall  be 
presented  to  the  governor.  If  he  approve,  he  shall  sign  it;  but  if 
he  shall  not  approve,  he  shall  return  it,  with  his  objections,  to  the 
house  in  which  it  shall  have  originated,  who  shall  enter  the  objections 
at  large  upon  their  journals,  and  proceed  to  reconsider  it.  If  after 
such  reconsideration  two-thirds  of  that  house  shall  agree  to  pass  the 
bill,  it  shall  be  sent,  with  the  objections,  to  the  other  house,  by  which 
likewise  it  shall  be  reconsidered;  and  if  approved  by  two-thirds  of 
that  house,  it  shall  be  a  law.  But  in  such  cases  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of  the 
persons  voting  for  or  against  the  bill  shall  be  entered  on  the  journals 


Pennsylvania— 1 790  3095 

of  each  house  respectively.  If  any  bill  shall  not  be  returned  by  the 
governor  within  ten  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  him,  it  shall  be  a  law,  in  like  manner  as  if  he  had  signed 
it,  unless  the  general  assembly,  by  their  adjournment,  prevent  its 
return;  in  which  case  it  shall  be  a  law,  unless  sent  back  within  three 
days  after  their  next  meeting. 

Sec.  23.  Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  both  houses  may  be  necessary  (except  on  a  question  of  adjourn- 
ment) shall  be  presented  to  the  governor,  and,  before  it  shall  take 
effect,  be  approved  by  him,  or,  being  disapproved,  shall  be  repassed 
by  two-thirds  of  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  case  of  a  bill. 

Article  II 

Section  1.  The  supreme  executive  power  of  this  commonwealth 
shall  be  vested  in  a  governor. 

Sec.  2.  The  governor  shall  be  chosen  on  the  second  Tuesday  of  Oc- 
tober, by  thefcitizens  of  the  commonwealth,  at  the  places  where  they 
shall  respectWely  -  vote  for  representatives.  The  returns  of  every 
election  for  governor  shall  be  sealed  up,  and  transmitted  to  the  seat 
of  government,  directed  to  the  speaker  of  the  senate,  who  shall  open 
and  publish  them  in  the  presence  of  the  members  of  both  houses  of  the 
legislature.  The  person  having  the  highest  number  of  votes  shall  be 
governor.  But  if  two  or  more  shall  be  equal  and  highest  in  votes, 
one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  the  members 
of  both  houses.  Contested  elections  shall  be  determined  by  a  com- 
mittee, to  be  selected  from  both  houses  of  the  legislature,  and  formed 
and  regulated  in  such  manner  as  shall  be  directed  by  law. 

Sec.  3.  The  governor  shall  hold  his  office  during  three  years  from 
the  third  Tuesday  of  December  next  ensuing  his  election,  and  shall 
not  be  capable  of  holding  it  longer  than  nine  in  any  term  of  tw^elve 
years. 
.— ~^EC.  4.  He-shall  be,  at  Jeast,  thirty  years  of  age,  and  have  been  a 
'  citizen  and  inhabitant  of  this  State  seven  years  next  before  his  elec- 
tion-;, unless  he  shall  have  been  absent  on  the  public  business  of  the 
United  States,  or  of  this  State. 

Sec.  5.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States,  or  this  State,  shall  exercise  the  office  of  governor. 

Sec.  6.  The  governor  shall,  at  stated  times,  receive  for  his  services 
a  compensation,  which  shall  be  neither  increased  nor  diminished  dur- 
ing the  period  for  which  he  shall  have  been  elected. 

Sec.  7.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  commonwealth,  and  of  the  militia;  except  when  they  shall  be 
called  into  the  actual  service  of  the  United  States. 

Sec.  8.  He  shall  appoint  all  officers,  whose  offices  are  established  by 
this  constitution,  or  shall  be  established  by  law,  and  whose  appoint- 
ments are  not  herein  otherwise  provided  for;  but  no  person  shall 
be  appointed  to  an  office  within  any  county  who  shall  not  have  been 
a  citizen  and  inhabitant  therein  one  year  next  before  his  appointment, 
if  the  county  shall  have  been  so  long  erected ;  but  if  it  shall  not  have 
been  so  long  erected,  then  within  the  limits  of  the  county  or  counties 
out  of  which  it  shall  have  been  taken.    No  member  of  Congress  from 


3096  Pennsylvania— 1790 

this  State,  nor  any  person  holding  or  exercising  any  office  of  trust 
or  profit  under  the  United  States,  shall,  at  the  same  time,  hold  or 
exercise  the  office  of  judge,  secretary,  treasurer,  prothonotary,  register 
of  wills,  recorder  of  deeds,  sheriff,  or  any  office  in  this  State  to  which  a 
salary,  is  by  law  annexed,  or  any  other  office  which  future  legislatures 
shall  declare  incompatible  with  offices  or  appointments  under  the 
United  States. 

Sec.  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and 
grant  reprieves  and  pardons,  except  in  cases  of  impeachment. 

Sec.  10.  He  may  require  information,  in  writing,  from  the  officers 
in  the  executive  department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  commonwealth,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly;  and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  four  months. 

Sec.  13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  14.  In  case  of  the  death  or  resignation  of  the  governor,  or  of 
his  removal  from  office,  the  speaker  of  the  senate  shall  exercise  the  office 
of  governor  until  another  governor  shall  be  duly  qualified.  And  if 
the  trial  of  a  contested  election  shall  continue  longer  than  until  the 
third  Tuesday  in  December  next  ensuing  the  election  of  a  governor, 
the  governor  of  the  last  year,  or  the  speaker  of  the  senate  who  may 
be  in  the  exercise  of  the  executive  authority,  shall  continue  therein 
until  the  determination  of  such  contested  election,  and  until  a  gov- 
ernor shall  be  qualified  as  aforesaid. 

Sec.  15.  A  secretary  shall  be  appointed  and  commissioned  during 
the  governor's  continuance  in  office,  if  he  shall  so  long  behave  himself 
well.  He  shall  keep  a  fair  register  of  all  the  official  acts  and  proceed- 
ings of  the  governor,  and  shall,  when  required,  lay  the  same,  and  all 
papers,  minutes,  and  vouchers  relative  thereto,  before  either  branch 
of  the  legislature,  and  shall  perform  such  other  duties  as  shall  be 
enjoined  him  by  law. 

lRTICLE  III 


Section  1.  In  elections  by  the  citizens,  every  freeman  of  the  age 
of  twenty-one  years,  having  resided  in  the  State  two  years  next  be- 
fore the  election,  and  within  that  time  paid  a  State  or  county  tax, 
which  shall  have  been  assessed  at  least  six  months  before  the  elec- 
tion, shall  enjoy  the  rights  of  an  elector:  Provided^  That  the  sons  of 
persons  qualified  as  aforesaid,  between  the  ages  of  twenty-one  and 
twenty-two  years,  shall  be  entitled  to  vote,  although  they  shall  not 
have  paid  taxes. 

Sec.  2.  All  elections  shall  be  by  ballot,  except  those  by  persons  in 
their  representative  capacities,  who  shall  vote  viva  voce. 

Sec.  8.  Electors  shall,  in  all  cases  except  treason,  felony,  and  breach 
or  surety  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  elections,  and  in  going  to  and  returning  from  them. 


Pennsylvania— 1 790  3097 

Article  IV 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeaching. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  senate.  "When  sit- 
ting for  that  purpose,  the  senators  shall  be  upon  oath  or  aifirmation. 
Xo  person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  3.  The  governor,  and  all  other  civil  officers  under  this  common- 
w^ealth,  shall  be  liable  to  impeachment  for  any  misdemeanor  in  office. 
But  judgment,  in  such  cases,  shall  not  extend  further  than  to  removal 
from  office,  and  disqualification  to  hold  any  office  of  honor,  trust,  or 
profit  under  this  commonwealth.  The  party,  whether  convicted  or 
acquitted,  shall  nevertheless  be  liable  to  indictment,  trial,  judgment, 
and  punishment  according  to  law\ 

Article  V 

Section  1.  The  judicial  power  of  this  commonwealth  shall  be  vested 
in  a  supreme  court,  in  courts  of  oyer  terminer  and  general  jail  de- 
livery, in  a  court  of  common  pleas,  orphans'  court,  register's  court, 
and  a  court  of  quarter  sessions  of  the  peace  for  each  county,  in  jus- 
tices of  the  peace,  and  in  such  other  courts  as  the  legislature  may, 
from  time  to  time,  establish. 

Sec.  2.  The  judges  of  the  supreme  court,  and  of  the  several  courts 
of  common  pleas,  shall  hold  their  offices  during  good  behavior.  But 
for  any  reasonable  cause,  which  shall  not  be  sufficient  ground  of  im- 
j)eachment,  the  governor  may  remove  any  of  them,  on  the  address  of 
two- thirds  of  each  branch  of  the  legislature.  The  judges  of  the  su- 
preme court  and  the  presidents  of  the  several  courts  of  common  pleas 
shall,  at  stated  times,  receive  for  their  services  and  adequate  compen- 
sation, to  be  fixed  by  law,  w^hich  shall  not  be  diminished  during  their 
continuance  in  office ;  but  they  shall  receive  no  fees  or  perquisites  of 
office,  nor  hold  any  other  office  of  profit  under  this  commonwealth. 

Sec.  3.  The  jurisdiction  of  the  supreme  court  shall  extend  over  the 
State,  and  the  judges  thereof  shall,  by  virtue  of  their  offices,  be  jus- 
tices of  oyer  and  terminer  and  general  jail  delivery  in  the  several 
comities. 

Sec.  4.  Until  it  shall  be  otherwise  directed  by  law",  the  several 
courts  of  common  pleas  shall  be  established  in  the  following  manner : 
The  governor  shall  appoint,  in  each  county,  not  fewer  than  three  nor 
more  than  four  judges,  who,  during  their  continuance  in  office,  shall 
reside  in  such  county.  The  State  shall  be  divided  by  law  into  cir- 
cuits, none  of  which  shall  include  more  than  six  nor  fewer  than  three 
counties.  A  president  shall  be  appointed  of  the  courts  in  each  cir- 
cuit, who,  during  his  continuance  in  office,  shall  reside  therein.  The 
president  and  judges,  any  tAvo  of  whom  shall  be  a  quorum,  shall  com- 
pose the  respective  courts  of  common  pleas. 

Sec.  5.  The  judges  of  the  court  of  common  pleas  in  each  county  shall, 
by  virtue  of  their  offices,  be  justices  of  oyer  and  terminer  and  general 
jail-delivery,  for  the  trial  ot  capital  and  other  offenders  therein :  any 
two  of  the  said  judges,  the  president  being  one,  shall  be  a  quorum; 
but  they  shall  not  hold  a  court  of  oyer  and  terminer  or  jail-delivery 
in  any  county  w^hen  the  judges  of  the  supreme  court,  or  any  of  them. 


3098  Pennsylvania— J  790 

shall  be  sitting  in  the  same  county.  The  party  accused,  as  well  as  the 
commonwealth,  may,  under  such  regulations  as  shall  be  prescribed  by 
law,  remove  the  indictment  and  proceedings,  or  a  transcript  thereof, 
into  the  supreme  court. 

Sec.  6.  The  supreme  court  and  the  several  courts  of  common  pleas 
shall,  beside  the  powers  heretofore  usually  exercised  by  them,  have 
the  power  of  a  court  of  chancery,  so  far  as  relates  to  the  perpetuating 
of  testimony,  the  obtaining  of  evidence  from  places  not  within  the 
State,  and  the  care  of  the  persons  and  estates  of  those  who  are  non 
compotes  mentis.  And  the  legislature  shall  vest  in  the  said  courts 
such  other  powers  to  grant  relief  in  equity  as  shall  be  found  neces- 
sary; and  may,  from  time  to  time,  enlarge  or  diminish  those  powers, 
or  vest  them  in  such  other  courts  as  they  shall  judge  proper  for  the 
due  administration  of  justice. 

Sec.  7.  The  judges  of  the  court  of  common  pleas  of  each  county, 
an}^  two  of  whom  shall  be  a  quorum,  shall  compose  the  court  of  quar- 
ter sessions  of  the  peace  and  orphans'  court  thereof ;  and  the  register 
of  wills,  together  with  the  said  judges,  or  any  two  of  them,  shall  com- 
pose the  register's  court  of  each  county. 

Sec.  8.  The  judges  of  the  courts  of  common  pleas  shall,  within 
their  respective  counties,  have  the  like  powers  with  the  judges  of  the 
supreme  court  to  issue  writs  of  certiorari  to  the  justices  of  the  peace, 
and  to  cause  their  proceedings  to  be  brought  before  them,  and  the 
like  right  and  justice  to  be  done. 

Sec.  9.  The  president  of  the  courts  in  each  circuit  wdthin  such  cir- 
cuit, and  the  judges  of  the  court  of  common  pleas  within  their  respec- 
tive counties,  shall  be  justices  of  the  peace,  so  far  as  relates  to  crimi- 
nal matters. 

Sec.  10.  The  governor  shall  appoint  a  competent  number  of  jus- 
tices of  the  peace,  in  such  convenient  districts,  in  each  county,  as  are 
or  shall  be  directed  by  law ;  they  shall  be  commissioned  during  good 
behavior,  but  may  be  removed  on  conviction  of  misbehavior  in  office, 
or  of  any  infamous  crime,  or  on  the  address  of  both  houses  of  the 
legislature. 

Sec.  11.  A  register's  office  for  the  probate  of  wills  and  granting  let- 
ters of  administration,  and  an  office  for  the  recording  of  deeds,  shall 
be  kept  in  each  county. 

Sec.  12.  The  style  of  all  process  shall  be,  "  The  commonwealth  of 
Pennsylvania ;"  all  prosecutions  shall  be  carried  on  in  the  name  and 
by  the  authority  of  the  commonwealth  of  Pennsylvania,  and  con- 
clude, "  against  the  peace  and  dignity  of  the  same." 

Article  VI 


Section  1.  Sheriffs  and  coroners  shall,  at  the  times  and  places  of 
election  of  representatives,  be  chosen  by  the  citizens  of  each  county; 
two  persons  shall  be  chosen  for  each  office,  one  of  whom,  for  each 
respectively,  shall  be  appointed  by  the  governor.  They  shall  hold 
their  offices  for  three  years,  if  they  shall  so  long  behave  themselves 
well,  and  until  a  successor  be  duly  qualified ;  but  no  person  shall  be 
twice  chosen  or  appointed  sheriff  in  any  term  of  six  years.  Vacancies 
in  either  of  the  said  offices  shall  be  filled  by  a  new  appointment,  to 


'  Pennsylvania— 1790  3099 

be  made  by  the  governor,  to  continue  until  the  next  general  election, 
and  until  a  successor  shall  be  chosen  and  qualified  as  aforesaid. 

Sec.  2.  The  freemen  of  this  commonwealth  shall  be  armed  and  dis- 
ciplined for  its  defence.  Those  who  conscientiously  scruple  to  bear 
arms  shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for 
personal  service.  The  militia  officers  shall  be  appointed  in  such  man- 
ner and  for  such  time  as  shall  be  directed  by  law. 

Sec.  3.  Prothonotaries,  clerks  of  the  peace  and  orphans'  courts, 
recorders  of  deeds,  registers  of  wills,  and  sheriffs  shall  keep  their 
offices  in  the  county-town  of  the  county  in  which  they  respectively 
shall  be  officers,  unless  when  the  governor  shall,  for  special  reasons, 
dispense  therewith  for  any  term,  not  exceeding  five  years,  after  the 
county  shall  have  been  erected. 

Sec.  4.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  commonwealth  of  Pennsylvania,  and  be  sealed  with  the  State 
seal,  and  signed  by  the  governor. 

Sec.  5.  The  State  treasurer  shall  be  appointed,  annually,  by  the 
joint  vote  of  the  members  of  both  houses.  All  other  officers  in  the 
treasury  department,  attorneys  at  law,  election  officers,  officers  relat- 
ing to  taxes,  to  the  poor  and  highways,  constables,  and  other  town- 
ship officers,  shall  be  appointed  in  such  manner  as  is  or  shall  be 
directed  by  law. 

Article  VII 

Section  1.  The  legislature  shall,  as  soon  as  conveniently  may  be, 
provide,  by  law,  for  the  establishment  of  schools  throughout  the 
State,  in  such  manner  that  the  poor  may  be  taught  gratis. 

Sec.  2.  The  arts  and  sciences  shall  be  promoted  in  one  or  more 
seminaries  of  learning. 

Sec.  3.  The  rights,  privileges,  immunities,  and  estates  of  religious 
societies  and  corporate  bodies  shall  remain  as  if  the  constitution  of 
this  State  had  not  been  altered  or  amended. 

Article  VIII 

Members  of  the  general  assembly,  and  all  officers,  executive  and 
judicial,  shall  be  bound,  by  oath  or  affirmation,  to  support  the  con- 
stitution of  this  commonwealth,  and  to  perform  the  duties  of  their 
respective  offices  with  fidelity. 

Article  IX 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we 
declare — 

Section  1.  That  all  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeasible  rights,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  of  acquiring,  pos- 
sessing, and  protecting  property  and  reputation,  and  of  pursuing 
their  own  happiness. 


3100  Pennsylvania— 1790 

Sec.  2.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority  and  instituted  for  their 
peace,  safety,  and  happiness.  For  the  advancement  of  those  ends, 
they  have  at  all  times  an  unalienable  and  indefeasible  right  to  alter, 
reform,  or  abolish  their  government,  in  such  manner  as  they  may 
think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  con- 
sciences; that  no  man  can  of  right  be  compelled  to  attend,  erect,  or 
support  any  place  of  worship,  or  to  maintain  any  ministry,  against 
his  consent ;  that  no  human  authority  can,  in  any  case  whatever,  con- 
trol or  interfere  with  the  rights  of  conscience ;  and  that  no  preference 
shall  ever  be  given,  by  law,  to  any  religious  establishments  or  modes 
of  worship. 

Sec.  4.  That  no  person,  who  acknowledges  the  being  of  a  God  and 
a  future  state  of  rewards  and  punishments,  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place  of 
trust  or  profit  under  this  commonwealth. 

Sec.  5.  That  elections  shall  be  free  and  equal. 

Sec.  6.  That  trial  by  jury  shall  be  as  heretofore,  and  the  right 
thereof  remain  inviolate. 

Sec.  7.  That  the  printing-presses  shall  be  free  to  every  person  who 
undertakes  to  examine  the  proceedings  of  the  legislature,  or  any 
branch  of  government,  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof.  The  free  communication  of  thoughts  and  opinions  is 
one  of  the  invaluable  rights  of  man;  and  every  citizen  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty.  In  prosecutions  for  the  publication  of  papers  inves- 
tigating the  official  conduct  of  officers  or  men  in  a  public  capacity, 
or  w^iere  the  matter  published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence;  and  in  all  indictments  for 
libels  the  jury  shall  have  a  right  to  determine  the  law  and  the  facts, 
under  the  direction  of. the  court,  as  in  other  cases. 

Sec.  8.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  f romrilnreasonable  searches  and  seizures ;  and 
that  no  warrant  to  search  any  place,  or  to  seize  any  person  or  things, 
shall  issue,  without  describing  them  as  nearly  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation. 

Sec.  9.  That  in  all  criminal  prosecutions  the  accused  hath  a  right 
to  be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and 
cause  of  the  accusation  against  him,  to  meet  the  witnesses  face  to 
face,  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor, 
and,  in  prosecutions  by  indictment  or  information,  a  speedy  public 
trial,  by  an  impartial  jury  of  the  vicinage;  that  he  cannot  be  com- 
pelled to  give  evidence  against  himself,  nor  can  he  be  deprived  of 
his  life,  liberty,  or  property,  unless  by  the  judgment  of  his  peers  or 
the  law  of  the  land. 

Sec.  10.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally  by  information,  except  in  cases  arising 
in  the  land  or  naval  forces,  or  in  the  militia,  when  in  actual  service 
in  time  of  war  or  public  danger,  or,  by  leave  of  the  Court,  for  oppres- 
sion and  misdemeanor  in  office.  No  person  shall,  for  the  same 
offence,  be  twice  put  in  jeopardy  of  life  or  limb;  nor  shall  any  man's 


Pennsylvania — 1790  3101 

property  be  taken  or  applied  to  public  use  without  the  consent  of  his 
representatives,  and  without  just  compensation  being  made. 

Sec.  11.  That  all  courts  shall  be  open,  and  every  mar^  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  the  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay.  Suits  may  be  brought  against  the  common- 
wealth in  such  manner,  in  such  courts,  and  in  such  cases  as  the  legis- 
lature may  by  law  direct. 

Sec.  12.  That  no  power  of  suspending  laws  shall  be  exercised, 
unless  by  the  legislature  or  its  authority. 

Sec.  13.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted. 

Sec.  14.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  when  the  proof  is  evident  or  presumption 
great;  and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  15.  That  no  commission  of  oyer  and  terminer  or  jail-deliver}^ 
shall  be  issued. 

Sec.  16.  That  the  person  of  a  debtor,  where  there  is  not  strong  pre- 
sumption of  fraud,  shall  not  be  continued  in  prison,  after  delivering 
up  his  estate  for  the  benefit  of  his  creditors,  in  such  manner  as  shall 
be  prescribed  by  law. 

Sec.  17.  That  no  ex  post  facto  law,  nor  any  law  impairing  con- 
tracts, shall  be  made. 

Sec.  18.  That  no  person  shall  be  attainted  of  treson  or  felony  by 
the  legislature. 

Sec.  19.  That  no  attainder  shall  work  corruption  of  blood,  nor, 
except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the  com- 
monwealth; that  the  estates  of  such  persons  as  shall  destroy  their  own 
lives  shall  descend  or  vest  as  in  case  of  natural  death ;  and  if  any 
person  shall  be  killed  by  casualty,  there  shall  be  no  forfeiture  by 
reason  thereof. 

Sec.  20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  their  common  good,  and  to  apply  to  those 
invested  with  the  powers  of  government  for  redress  of  grievances,  or 
other  proper  purposes,  by  petition,  address,  or  remonstrance. 

Sec.  21.  That  the  right  of  citizens  to  bear  arms,  in  defence  of  them- 
selves and  the  State,  shall  not  be  questioned. 

Sec.  22.  That  no  standing  army  shall,  in  time  of  peace,  be  kept  up 
without  the  consent  of  the  legislature;  and  the  military  shall  ni  all 
cases  and  at  all  times  be  in  strict  subordination  to  the  civil  power. 

Sec.  23.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
manner  to  be  prescribed  by  law. 

Sec.  24.  That  the  legislature  shall  not  grant  any  title  of  nobility  or 
hereditary  distinction,  nor  create  any  office  the  appointment  of  which 
shall  be  for  a  longer  term  than  during  good  behavior. 

Sec.  25.  That  emigration  from  the  State  shall  not  be  prohibited. 

Sec.  26.  To  guard  against  transgressions  of  the  high  powers  which 
we  have  delegated,  we  declare,  that  everything  in  this  article  is 
excepted  out  of  the  general  powers  of  government,  and  shall  forever 
remain  inviolate. 


3 102  Pennsylvania— 1 790 

Schedule 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments in  the  constitution  of  this  commonwealth,  and  in  order  to  carry 
the  same  into  complete  operation,  it  is  hereby  declared  and  ordained : 

Section  1.  That  all  laws  of  this  commonwealth,  in  force  at  the  time 
of  making  the  said  alterations  and  amendments  in  the  said  constitu- 
tion, and  not  inconsistent  therewith,  and  all  rights-,  actions,  prosecu- 
tions, claims,  and  contracts,  as  well  of  individuals  as  of  bodies-corpo- 
rate, shall  continue  as  if  the  said  alterations  and  amendments  had  not 
been  made. 

Sec.  2.  That  the  president  and  supreme  executive  council  shall 
continue  to  exercise  the  executive  authority  of  this  commonwealth, 
as  heretofore,  until  the  third  Tuesday  of  December  next;  but  no 
intermediate  vacancies  in  the  council  shall  be  supplied  by  new  elec- 
tions. 

Sec.  3.  That  all  officers  in  the  appointment  of  the  executive  depart- 
ment shall  continue  in  the  exercise  of  the  duties  of  their  respective 
offices  until  the  first  day  of  September,  one  thousand  seven  hundred 
and  ninety-one,  unless  their  commissions  shall  sooner  expire  by  ^heir 
own  limitations,  or  the  said  offices  become  vacant  by  death  or  resig- 
nation, and  no  longer,  unless  reappointed  and  commissioned  by  the 
governor;  except  that  the  judges  of  the  supreme  court  shall  hold 
their  offices  for  the  terms  in  their  commissions  respectively  expressed. 

Sec.  4.  That  justice  shall  be  administered  in  the  several  counties  of 
the  State,  until  the  period  aforesaid,  by  the  same  justices,  in  the  same 
courts,  and  in  the  same  manner  as  heretofore. 

Sec.  5.  That  no  person  now  in  commission  as  sheriff  shall  be 
eligible  at  the  next  election  for  a  longer  term  than  will,  with  the 
time  which  he  shall  have  served  in  the  said  office,  complete  the  term 
of  three  years. 

Sec.  6.  That,  until  the  first  enumeration  shall  be  made,  as  directed 
in  the  fourth  section  of  the  first  article  of  the  constitution  established 
by  this  convention,  the  city  of  Philadelphia  and  the  several  counties 
shall  be  respectively  entitled  to  elect  the  same  number  of  represent- 
atives as  is  now  prescribed  by  law. 

Sec.  7.  That  the  first  senate  shall  consist  of  eighteen  members,  to 
be  chosen  in  districts  formed  as  folloAvs,  to-wit:  The  city  of  Phila- 
delphia and  the  counties  of  Philadelphia  and  Delaware  shall  be  a 
district,  and  elect  three  senators;  the  county  of  Chester  shall  be  a 
district,  and  shall  elect  one  senator;  the  county  of  Bucks  shall  be  a 
district,  and  shall  elect  one  senator ;  the  county  of  Montgomery  shall 
be  .a  district,  and  shall  elect  one  senator ;  the  county  of  Northampton 
shall  be  a  district,  and  shall  elect  one  senator;  the  counties  of  Lan- 
caster and  York  shall  be  a  district,  and  shall  elect  three  senators ;  the 
counties  of  Berks  and  Dauphin  shall  be  a  district,  and  shall  elect  two 
senators ;  the  counties  of  .Cumberland  and  Mifflin  shall  be  a  district, 
and  shall  elect  one  senator ;  the  counties  of  Northumberland,  Luzerne, 
and  Huntingdon  shall  be  a  district,  and  shall  elect  one  senator;  the 
counties  of  Bedford  and  Franklin  shall  be  a  district,  and  shall  elect 
one  senator;  the  coimties  of  Westmoreland  and  Allegheny  shall  be 
a  district,  and  shall  elect  one  senator;   and  the  counties  of  Washing- 


Pennsylvania — 1790  3103 

ton  and  Fayette  shall  be  a  district,  and  shall  elect  two  senators,  which 
senators  shall  serve  until  the  first  enumeration  before  mentioned 
shall  be  made,  and  the  representation  in  both  houses  of  the  legislature 
shall  be  established  by  law,  and  chosen  as  in  the  constitution  is  di- 
rected. Any  vacancies  which  shall  happen  in  the  senate,  within  the 
said  time,  shall  be  supplied  as  prescribed  in  the  nineteenth  section  of 
the  first  article. 

Sec.  8.  That  the  elections  of  senators  shall  be  conducted,  and  the 
returns  thereof  made  to  the  senate,  in  the  same  manner  as  is  pre- 
scribed by  the  election-laws  of  the  State  for  conducting  and  making 
return  ot  the  election  of  representatives.  In  those  districts  which 
consist  of  more  than  one  county,  the  judges  of  the  district  elections 
within  each  county,  after  having  formed  a  return  of  the  whole  elec- 
tion within  that  county,  in  such  manner  as  is  directed  by  law,  shall 
send  the  same,  by  one  or  more  of  their  number,  to  the  place  herein- 
after mentioned  within  the  district,  of  which  such  county  is  a  part, 
where  the  judges  so  met  shall  compare  and  cast  up  the  several  county 
returns,  and  execute,  under  their  hands  and  seals,  one  general  and 
true  return  for  the  whole  district;  that  is  to  say,  the  judges  of  the 
district  composed  of  the  city  of  Philadelphia,  and  the  counties  of 
Philadelphia  and  Delaware,  shall  meet  in  the  State-house  in  the  city 
of  Philadelphia;  the  judges  of  the  district  composed  of  the  counties 
of  Lancaster  and  York  shall  meet  at  the  court-house  in  the  county  of 
Lancaster;  the  judges  of  the  district  composed  of  the  counties  of 
Berks  and  Dauphin  shall  meet  at  Middletown,  in  the  county  of 
Berks;  the  judges  of  the  district  composed  of  the  counties  of  Cum- 
berland and  Mifflin  shall  meet  in  Greenwood  township,  county  of 
Cumberland,  at  the  house  now  occupied  by  David  Miller;  the  judges 
of  the  district  composed  of  the  counties  of  Northumberland,  Luzerne, 
and  Huntingdon  shall  meet  in  the  town  of  Sunbury;  the  judges  of 
the  district  composed  of  the  counties  of  Bedford  and  Franklin  shall 
meet  at  the  house  now  occupied  by  John  Dickey,  in  Air  township, 
Bedford  County;  the  judges  of  the  district  composed  of  the  counties 
of  Westmoreland  and  Allegheny  shall  meet  in  Westmoreland  County, 
at  the  court-house  in  the  town  of  Greensborough ;  and  the  judges  of 
the  district  composed  of  the  counties  of  Washington  and  Fayette  shall 
meet  at  the  court-house  in  the  town  of  Washington,  in  Washington 
County,  on  the  third  Tuesday  in  October,  respectively,  for  the  pur- 
poses aforesaid. 

Sec.  9.  That  the  election  of  the  governor  shall  be  conducted  in  the 
several  counties  in  the  manner  prescribed  by  the  laws  of  the  State 
for  the  election  of  representatives;  and  the  returns  in  each  county 
shall  be  sealed  by  the  judges  of  the  elections,  and  transmitted  to  the 
president  of  the  supreme  executive  council,  directed  to  the  speaker  of 
the  senate,  as  soon  after  the  election  as  may  be. 

Done  in  convention,  the  second  day  of  September,  in  the  year  of 
our  Lord  one  thousand  seven  hundred  and  ninety,  and  of  the  Inde- 
pendence of  the  United  States  of  America  the  fifteenth.  In  testi- 
mony whereof  we  have  hereunto  subscribed  our  names. 

Thomas  Mifflin,  President. 

Joseph  Redman,  Secretary. 

J.  Shaixus,  Assistant  Secretary. 


3104  Pennsylvania — 183S 

CONSTITUTION  OF  PENNSYLVANIA— 1838  *  « 

We,  the  people  of  the  commonwealth  of  Pennsylvania,  ordain  and 
establish  this  constitution  for  its  government. 

Article  I 

OF    THE    LEGISLATURE 

Section  1.^  The  legislative  power  of  this  commonwealth  shall  be 
vested  in  a  general  assembly,  which  shall  consist  of  a  senate  and  house 
of  representatives. 

Sec.  2.  The  representatives  shall  be  chosen  annually,  by  the  citi- 
zens of  the  city  of  Philadelphia,  and  of  each  county  respectively,  on 
the  second  Tuesday  of  October. 

Sec.  3.  No  person  shall  be  a  representative  who  shall  not  have 
attained  the  age  of  twenty-one  years,  and  have  been  a  citizen  and 
inhabitant  of  the  State  three  years  next  preceding  his  election,  and 
the  last  year  thereof  an  inhabitant  of  the  district  in  and  for  which 
he  shall  be  chosen  a  representative,  unless  he  shall  have  been  absent 
on  the  public  business  of  the  United  States  or  of  this  State. 

Sec.  4.^  Within  three  years  after  the  first  meeting  of  the  general 
assembly,  and  Avithin  every  subsequent  term  of  seven  years,  an 
enumeration  of  the  taxable  inhabitants  shall  be  made  in  such  man- 
mer  as  shall  be  directed  by  law.  The  number  of  representatives 
shall,  at  the  several  periods  of  making  such  enumeration,  be  fixed 
by  the  legislature,  and  apportioned  among  the  city  of  Philadelphia 
and  the  several  counties,  according  to  the  number  of  taxable  inhabit- 
ants in  each;  and  shall  never  be  less  than  sixty  nor  greater  than  one 
hundred.  Each  county  shall  have  at  least  one  representative,  but  no 
county  hereafter  erected  shall  be  entitled  to  a  separate  representation 
until  a  sufficient  number  of  taxable  inhabitants  shall  be  contained 
within  it  to  entitle  them  to  one  representative,  agreeably  to  the  ratio 
of  which  shall  then  be  established. 

Sec.  5.^*  The  senators  shall  be  chosen  for  three  years  by  the  citi- 
zens of  Philadelphia  and  of  the  several  counties,  at  the  same  time, 
in  the  same  manner,  and  at  the  same  places  where  they  shall  vote  for 
representatives. 

Sec.  6.  The  number  of  senators  shall,  at  the  several  periods  of 
making  the  enumeration  before  mentioned,  be  fixed  by  the  legislature, 

*  Verified  by  Vol.  14  of  "  Proceedings  and  Debates  " ;  see  below. 

"  Journal  of  the  Convention  of  the  State  of  Pennsylvania  to  propose  amend 
ments  to  the  Constitution,  Commenced  and  Held  at  the  State  Capitol,  in  Har- 
risburg,  on  the  second  day  of  May,  1837.  Harrisburg :  Printed  by  Thompson  & 
Clark,  1837,  pp.  852. 

"  Proceedings  and  Debates  of  the  Convention  of  the  Commonwealth  of 
Pennsylvania,  to  propose  amendments  to  the  Constitution,  Commenced  and 
held  at  Harrisburg,  on  the  second  day  of  May.  1837.  Reported. by  John  Agg; 
stenographer  to  the  Convention;  Assisted  by  Messrs.  Kingman,  Drake  and 
McKinley.  Printed  by  ^  Packer,  Barrett  and  Parke ;  Keystone  Office,  Harris- 
burg; 1837,  14  vols. 

«This  constitution  was  framed  by  a  convention  which  assembled  at  Harris- 
burgh  May  2,  1837,  adjourned  in  July  until  October,  and  adjourned  in  December 
to  Philadelphia,  where  it  completed  its  labors  February  22,  1838.  It  was  rati- 
fied by  the  people  by  a  vote  of  113,971  votes  against  112,759  votes. 

b  See  amendments. 


Pennsylvania — 1838  3105 

and  apportioned  among  the  districts  formed-  as  hereinafter  directed, 
according  to  the  number  of  taxable  inhabitants  in  each;  and  shall 
never  be  less  than  one- fourth,  nor  greater  than  one-third,  of  the 
number  of  representatives. 

Sec.  7."  The  senators  shall  be  chosen  in  districts,  to  be  formed  by 
the  legislature;  but  no  district  shall  be  so  formed  as  to  entitle 
it  to  elect  more  than  two  senators,  unless  the  number  of  taxable 
inhabitants  in  any  city  or  county  shall,  at  any  time,  be  such  as  to 
entitle  it  to  elect  more  than  two,  but  no  city  or  county  shall  be  entitled 
to  elect  more  than  four  senators ;  when  a  district  shall  be  composed  of 
two  or  more  counties,  they  shall  be  adjoining;  neither  the  city  of 
Philadelphia  nor  any  county  shall  be  divided  in  forming  a  district. 

Sec.  8.  No  person  shall  be  a  senator  who  shall  not  have  attained 
the  age  of  twenty-five  years,  and  have  been  a  citizen  and  inhabitant 
of  the  State  for  four  years  next  before  his  election,  and  the  last  year 
thereof  an  inhabitant  of  the  district  for  which  he  shall  be  chosen, 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States  or  of  this  State ;  and  no  person  elected  as  aforesaid  shall  hold 
said  office  after  he  shall  have  removed  from  such  district. 

Sec.  9.  The  senators  who  may  be  elected  at  the  first  general  election 
after  the  adoption  of  the  amendments  to  the  constitution,  shall  be 
divided  by  lot  into  three  classes.  The  seats  of  the  senators  of  the 
first  class  shall  be  vacated  at  the  expiration  of  the  first  year ;  of  the 
second  class  at  the  expiration  of  the  second  year;  and  of  the  third 
class  at  the  expiration  of  the  third  year ;  so  that  thereafter  one-third 
of  the  whole  number  of  senators  may  be  chosen  every  year.  The 
senators  elected  before  the  amendments  to  the  constitution  shall  be 
adopted  shall  hold  their  offices  during  the  terms  for  which  they 
shall  respectively  have  been  elected. 

Sec.  10.  The  general  assembly  shall  meet  on  the  first  Tuesday  of 
January  in  every  year,  unless  sooner  convened  by  the  governor. 

Sec.  11.  Each  house  shall  choose  its  speaker  and  other  officers;  and 
the  senate  shall  also  choose  a  speaker  pi^o  tempore  when  the  speaker 
shall  exercise  the  office  of  governor. 

Sec.  12.  Each  house  shall  judge  of  the  qualifications  of  its  mem- 
bers. Contested  elections  shall  be  determined  by  a  committee,  to  be 
selected,  formed,  and  reguhited  in  such  manner  as  shall  be  directed 
by  law.  A  majority  of  each  house  shall  constitute  a  quorum  to  do 
business;  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
may  be  authorized  by  law  to  compel  the  attendance  of  absent  mem- 
bers in  such  manner  and  under  such  penalties  as  may  be  provided. 

Sec.  13.  Each  house  may  determine  the  rules  of  its  proceedings, 
punish  its  members  for  disorderly  behavior,  and,  with  the  concur- 
rence of  two-thirds,  expel  a  member,  but  not  a  second  time  for  the 
same  cause;  and  shall  have  all  other  powers  necessary  for  a  branch 
of  the  legislature  of  a  free  State. 

Sec.  14.  The  legislature  shall  not  have  power  to  enact  laws  annul- 
ling the  contract  of  marriage  in  any  case  where,  by  law,  the  courts 
of  this  commonwealth  are,  or  hereafter  may  be,  empowered  to  decree 
a  divorce. 

Sec.  15.  Each  house  shall  keep  a  journal  of  its  proceedings  and 
publish  them  weekly,  except  such  part  as  may  require  secrecy;  and 

a  See  amendment. 


3106  Pennsylvania — 1838 

the  yeas  and  nays  of  the  members  on  any  question  shall,  at  the  desire 
of  any  two  of  them,  be  entered  on  the  journals. 

Sec.  16.  The  doors  of  each  house  and  of  committees  of  the  whole 
shall  be  open,  unless  when  the  business  shall  be  such  as  ought  to  be 
kept  secret. 

Sec.  it.  Neither  house  shall,  without  the  consent  of  the  other,  ad- 
journ for  more  than  three  days,  nor  to  any  other  place  than  that  in 
which  the  two  houses  shall  be  sitting. 

Sec.  18.  The  senators  and  representatives  shall  receive  a  compen- 
sation for  their  services  to  be  ascertained  by  law,  and  paid  out  of  the 
treasury  of  the  commonwealth.  They  shall  in  all  cases,  except  trea- 
son, felony,  and  breach  of  surety  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  the  session  of  their  respective 
houses,  and  in  going  to  and  returning  from  the  same.  And  for  any 
speech  or  debate  in  either  house  they  shall  not  be  questioned  in  any 
other  place. 

Sec.  19.  No  senator  or  representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office 
under  this  commonwealth  which  shall  have  been  created,  or  the 
emoluments  of  which  shall  have  been  increased,  during  such  time; 
and  no  member  of  Congress  or  other  person  holding  any  office  (except 
of  attorney  at  law  and  in  the  militia)  under  the  United  States  or 
this  commonwealth,  shall  be  a  member  of  either  house  during  his 
continuance  in  Congress  or  in  office. 

Sec.  20.  AVhen  vacancies  happen  in  either  house,  the  speaker  shall 
issue  writs  of  election  to  fill  such  vacancies. 

Sec.  21.  All  bills  for  raising  revenue  shall  originate  in  the  house  of 
representatives,  but  the  senate  may  propose  amendments,  as  in  other 
bills. 

Sec.  22.  No  money  shall  be  drawn  from  the  treasury  but  in  conse- 
quence of  appropriations  made  by  law. 

Sec.  23.  Every  bill  which  shall  have  passed  both  houses  shall  be 
presented  to  the  governor;  if  he  approve,  he  shall  sign  it;  but  if  he 
shall  not  approve,  he  shall  return  it,  with  his  objection,  to  the  house 
in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  upon  their  journals,  and  proceed  to  reconsider  it.  If,  after  such 
reconsideration,  two-thirds  of  that  house  shall  agree  to  pass  the  bill, 
it  shall  be  sent,  with  the  objections,  to  the  other  house,  by  which  like- 
wise it  shall  be  reconsidered,  and  if  approved  by  two-thirds  of  that 
house  it  shall  be  a  law.  But  in  such  cases  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  persons 
voting  for  or  against  the  bill  shall  be  entered  on  the  journals  of  each 
house  respectively.  If  any  bill  shall  not  be  returned  by  the  governor 
within  ten  days  (Sunday  excepted)  after  it  shall  have  been  presented 
to  him,  it  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  general  assembly,  by  their  adjournment,  prevented  its  return,  in 
which  case  it  shall  be  a  law,  unless  sent  back  within  three  days  after 
their  next  meeting. 

Sec.  24.  Every  order,  resolution,  or  vote  to  which  the  concurrence 
of  both  houses  may  be  necessary  (except  on  a  question  of  adjourn- 
ment) shall  be  presented  to  the  governor,  and  before  it  shall  take 
effect,  >  be  approved  by  him,  or  bemg  disapproved,  shall  be  repassed 
by  two-thirds  of  both  houses,  according  to  the  rules  and  limitations 
prescribed  in  case  of  a  bill. 


Pennsylvania— 1838  3107 

Sec.  25.  No  corporate  body  shall  be  hereafter  created,  renewed,  or 
extended,  with  banking  or  discounting  privileges,  without  six  months' 
previous  public  notice  of  the  intended  application  for  the  same  in 
such  manner  as  shall  be  prescribed  by  law.  Nor  shall  any  charter  for 
the  purposes  aforesaid  be  granted  for  a  longer  period  than  twenty 
years;  and  every  such  charter  shall  contain  a  clause  reserving  to  the 
legislature  the  power  to  alter,  revoke,  or  annul  the  same,  whenever  in 
their  opinion  it  may  be  injurious  to  the  citizens  of  the  common- 
wealth, in  such  manner,  however,  that  no  injustice  shall  be  done  to 
the  corporators.  No  law  hereafter  enacted  shall  create,  renew,  or 
extend  the  charter  of  more  than  one  corporation. 

Article  II 

Section  1.  The  supreme  executive  power  of  this  commonwealth 
shall  be  vested  in  a  governor. 

Sec.  2.  The  governor  shall  be  chosen  on  the  second  Tuesday  of 
October,  by  the  citizens  of  the  commonwealth,  at  the  places  where 
they  shall  respectively  vote  for  representatives.  The  returns  of 
every  election  -for  governor  shall  be  sealed  up  and  transmitted  to  the 
seat  of  government,  directed  to  the  speaker  of  the  senate,  who  shall 
open  and  publish  them  in  the  presence  of  the  members  of  both  houses 
of  the  legislature.  The  person  having  the  highest  number  of  votes 
shall  be  governor;  but  if  two  or  more  shall  be  equal  and  highest  in 
votes,  one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  the 
members  of  both  houses.  Contested  elections  shall  be  determined  by 
a  committee  to  be  selected  from  both  houses  of  the  legislature,  and 
formed  and  regulated  in  such  manner  as  shall  be  directed  by  law. 

Sec.  8.  The  governor  shall  hold  his  office  during  three  years  from 
the  third  Tuesday  of  January  next  ensuing  his  election,  and  shall  not 
be  capable  of  holding  it  longer  than  six  in  any  term  of  nine  years. 

Sec.  4.  He  shall  be  at  least  thirty  years  of  age,  and  have  been  a  citi- 
zen and  inhabitant  of  this  State  seven  years  next  before  his  election; 
unless  he  shall  have  been  absent  on  the  public  business  of  the  United 
States  or  of  this  State. 

Sec.  5.  No  member  of  Congress,  or  person  holding  any  office  under 
the  United  States  or  this  State,  shall  exercise  the  office  of  governor. 

Sec.  C).  The  governor  shall,  at  stated  times,  receive  for  liis  services  a 
compensation,  which  shall  be  neither  increased  nor  diminished  during 
the  period  for  which  he  shall  have  been  elected.. 

Sec.  T.  He  shall  be  commander-in-chief  of  the  army  and  navy  of 
this  commonwealth,  and  of  the  militia,  except  when  they  shall  be 
called  into  the  actual  service  of  the  United  States. 

Sec.  8."  He  shall  appoint  a  secretary  of  the  commonwealth  during 
pleasure,  and  he  shall  nominate  and,  by  and  with  the  advice  and  con- 
sent of  the  senate,  appoint  all  judicial  officers  of  courts  of  record, 
unless  otherwise  provided  for  in  this  constitution.  He  shall  have 
power  to  fill  all  vacancies  that  may  happen  in  such  judicial  offices 
during  the  recess  of  the  senate,  by  granting  commissions,  which  shall 
expire  at  the  end  of  their  next  session:  ProvidexU  That  in  acting  on 
executive  nominations  the  senate  shall  sit  with  open  doors,  and  in 
confirming  or  rejecting  the  nominations  of  the  governor  the  votes 
shall  be  taken  by  yeas  and  nays. 

"  See  amendments. 
7254— VOL 


3108  Pennsylvania— 1838 

Sec.  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  and 
grant  reprieves  and  i^ardons,  except  in  cases  of  impeachment. 

Sec.  10.  He  may  require  information  in  writing  from  the  officers 
in  the  executive  department  on  any  subject  relating  to  the  duties  of 
their  respective  offices. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  general  assembly 
information  of  the  state  of  the  commonwealth,  and  recommend  to 
their  consideration  such  measures  as  he  shall  judge  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  general 
assembly;  and  in  case  of  disagreement  between  the  two  houses  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  four  months. 

Sec.  13.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  14.  In  case  of  the  death  or  resignation  of  the  governor,  or  his 
removal  from  office,  the  speaker  of  the  senate  shall  exercise  the  office 
of  governor  until  another  governor  shall  be  duly  qualified;  but  in 
such  case  another  governor  shall  be  chosen  at  the  next  annual  elec- 
tion of  representatives,  unless  such  death,  resignation,  or  removal 
shall  occur  within  three  calendar  months  immediately  preceding 
such  next  annual  election,  in  which  case  a  governor  shall  be  chosen 
at  the  second  succeeding  annual  election  of  representatives.  And  if 
the  trial  of  a  contested  election  'shall  continue  longer  than  until  the 
third  Monday  of  January  next  ensuing  the  election  of  governor,  the 
governor  of  the  last  year  or  the  speaker  of  the  senate  who  may  be 
in  the  exercise  of  the  executive  authority  shall  continue  therein  until 
the  determination  of  such  contested  election,  and  until  a  governor 
shall  be  duly  qualified  as  aforesaid. 

Sec.  15.  The  secretary  of  the  commonwealth  shall  keep  a  fair  reg- 
ister of  all  the  official  acts  and  proceedings  of  the  governor,  and  shall, 
when  required,  lay  the  same  and  all  papers,  minutes,  and  vouchers 
relative  thereto  before  either  branch  of  the  legislature,  and  shall  per- 
form such  other  duties  as  shall  be  enjoined  him  by  law. 

Article  III 

OF    ELECTIONS 

Section  1.  In  elections  by  the  citizens,  every  white  freeman  of  the 
age  of  twenty-one  years,  having  resided  in  this  State  one  year,  and  in 
the  election-district  where  he  offers  to  vote  ten  days  immediately 
preceding  such  election,  and  within  two  years  paid  a  State  or  county 
tax,  which  .shall  have  been  assessed  at  least  ten  days  before  the  elec- 
tion, shall  enjoy  the  rights  of  an  elector.  But  a  citizen  of  the  United 
States,  who  had  previously  been  a  qualified  voter  of  this  State  and 
removed  therefrom  and  returned,  and  who  shall  have  resided  in  the 
election-district  and  paid  taxes  as  aforesaid,  shall  be  entitled  to  vote 
after  residing  in  the  State  six  months:  Provided,  That  w^hite  free- 
men, citizens  of  the  United  States,  between  the  ages  of  twenty-one 
and  twenty-two  years,  and  having  resided  in  the  State  one  year  and 
in  the  election-district  ten  days  as  aforesaid,  shall  be  entitled  to  vote, 
although  they  shall  not  have  paid  taxes. 

Sec;  2.  All  elections  shall  be  by  ballot,  except  those  by  persons  in 
their  representative  capacities,  who  shall  vote  viva  voce. 


Pennsylvania— 1838  3109 

Sec.  3.  Electors  shall  in  all  cases,  except  treason,  felony,  and  breach 
of  surety  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  elections  and  in  going  to  and  returning  from  them. 

Article  IV 

or    IMPEACHMENT 

Section  1.  The  house  of  representatives  shall  have  the  sole  power 
of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  senate ;  when  sitting 
for  that  purpose,  the  senators  shall  be  upon  oath  or  affirmation.  No 
person  shall  be  convicted  without  the  concurrence  of  two-thirds  of 
the  members  present. 

Sec.  3.  The  governor  and  all  other  civil  officers  under  this  com- 
monwealth shall  be  liable  to  impeachment  for  any  misdemeanor  in 
office;  but  judgment,  in  such  cases,  shall  not  extend  further  than  to 
removal  from  office  and  disqualification  to  hold  any  office  of  honor, 
trust,  or  profit  under  this  conunon wealth ;  the  party,  whether  con- 
victed or  acquitted,  shall,  nevertheless,  be  liable  to  indictment,  trial, 
judgment,  and  punishment,  according  to  law. 

Article  V 

OF   THE    JUDICIARY 

Section  1.  The  judicial  power  of  this  commonwealth  shall  be 
vested  in  a  supreme  court,  in  courts  of  oyer  and  terminer  and  general- 
jail  delivery,  in  a  court  of  common  pleas,  orphans'  court,  rigisters' 
court,  and  a  court  of  quarter  sessions  of  the  peace  for  each  county, 
in  justices  of  the  peace,  and  in  such  other  courts  as  the  legislature 
may  from  time  to  time  establish. 

Sec.  2."  The  judges  of  the  supreme  court,  of  the  several  courts  of 
common  pleas,  and  of  such  other  courts  of  record  as  are  or  shall  be 
established  by  law,  shall  be  nominated  by  the  governor  and,  by  and 
with  the  consent  of  the  senate,  appointed  and  commissioned  by  him. 
The  judges  of  the  supreme  court  shall  hold  their  offices  for  the  term  of 
fifteen  years,  if  they  shall  so  long  behave  themselves  well.  The  presi- 
dent judges  of  the  several  courts  of  conmion  j)leas,  and  of  such  other 
courts  of  record  as  are  or  shall  be  established  by  law,  and  all  other 
judges,  required  to  be  learned  in  the  law,  shall  hold  their  offices  for 
the  term  of  ten  years,  if  they  shall  so  long  behave  themselves  well. 
The  associate  judges  of  the  courts  of  conunon  pleas  shall  hold  their 
offices  for  the  term  of  five  years,  if  they  shall  so  long  behave  them- 
selves well.  But  for  any  reasonable  cause,  Avhich  shall  not  be  suf- 
ficient ground  of  impeachment,  the  governor  may  remove  any  of  them 
on  the  address  of  two-thirds  of  each  branch  of  the  legislature.  The 
judges  of  the  supreme  court  and  the  presidents  of  the  several  courts 
of  common  pleas  shall,  at  stated  times,  receive  for  their  services  an 
adequate  compensation,  to  be  fixed  by  law,  which  shall  not  be  dimin- 
ished during  their  continuance  in  office;  but  they  shall  receive  no 

o  See  amendments. 


3110  Pennsylvania — 1 838 

fees  or  perquisites  of  office,'  nor  hold  any  other  office  of  profit  under 
this  commonwealth. 

Sec.  3.  Until  otherwise  directed  by  law,  the  courts  of  common  pleas 
shall  continue  as  at  present  established.  Not  more  than  five  counties 
shall  at  any  time  be  included  in  one  judicial  district  organized  for 
said  courts. 

Sec.  4.  The  jurisdiction  of  the  supreme  court  shall  extend  over  the 
State,  and  the  judges  thereof  shall,  by  virtue  of  their  offices,  be 
justices  of  oyer  and  terminer  and  general  jail-delivery,  in  the  several 
counties. 

Sec.  5.  The  judges  of  the  court  of  common  pleas  in  each  county 
shall,  by  virtue  of  their  offices,  be  justices  of  oyer  and  terminer  and 
general  jail-delivery,  for  the  trial  of  capital  and  other  offenders 
therein;  any  two  of  said  judges,  the  president  being  one,  shall  be  a 
quorum;  but  they  shall  not  hold  a  court  of  oyer  and  terminer,  or 
jail-delivery,  in  any  county,  when  the  judges  of  the  supreme  court, 
or  any  of  them,  shall  be  sitting  in  the  same  county.  The  party  ac- 
cused, as  well  as  the  commonwealth,  may,  under  such  regulations  as 
shall  be  prescribed  by  law,  remove  the  indictment  and  proceedings, 
or  a  transcript  thereof,  into  the  supreme  court. 

Sec.  6.  The  supreme  court,  and  the  several  courts  of  common  pleas, 
shall,  beside  the  powers  heretofore  usually  exercised  by  them,  have 
the  powers  of  a  court  of  chancery,  so  far  as  relates  to  the  perpetuat- 
ing of  testimony,  the  obtaining  of  evidence  from  places  not  within 
the  State,  and  the  care  of  the  persons  and  estates  of  those  who  are 
non  compotes  mentis.  And  the  legislature  shall  vest  in  the  said 
courts  such  other  powers  to  ^rant  relief  in  equity  as  shall  be  found 
necessary;  and  may,  from  time  to  time,  enlarge  or  diminish  those 
powers,  or  vest  them  in  such  other  courts  as  they  shall  judge  proper, 
for  the  due  administration  of  justice. 

Sec.  7.  The  judges  of  the  court  of  common  pleas  of  each  county, 
any  two  of  whom  shall  be  a  quorum,  shall  compose  the  court  of 
quarter  sessions  of  the  peace,  and  orphans'  court  thereof;  and  the 
register  of  wills,  together  with  the  said  judges,  or  any  two  of  them, 
shall  compose  the  register's  court  of  each  county. 

Sec.  8.  The  judges  of  the  courts  of  common  pleas  shall,  within 
their  respective  counties,  have  like  powers  with  the  judges  of  the 
supreme  court,  to  issue  writs  of  certiorari  to  the  justices  of  the  peace, 
and  to  cause  their  proceedings  to  be  brought  before  them,  and  the 
like  right  and  justice  to  be  done. 

Sec.  9.  The  president  of  the  court  in  each  circuit  within  such  cir- 
cuit, and  the  judges  of  the  court  of  common  pleas  within  their  re- 
spective counties,  shall  be  justices  of  the  peace,  so  far  as  relates  to 
criminal  matters. 

Sec.  10.  A  register's  office,  for  the  probate  of  wills  and  granting 
letters  of  administration,  and  an  office  for  the  recording  of  deeds, 
shall  be  kept  in  each  county. 

Sec.  11.  The  style  of  all  process  shall  be  "  The  commonwealth  of 
Pennsylvania."  All  prosecutions  shall  be  carried  on  in  the  name  and 
by  the  authority  of  the  commonwealth  of  Pennsylvania,  and  con- 
clude, "  against  the  peace  and  dignity  of  the  same." 


Pennsylvania — 1 838  3111 

Article  VI 

OF   SHERIFFS   AND    CORONERS 

Section  1.  Sheriffs  and  coroners  shall,  at  the  times  and  places  of 
election  of  representatives,"  be  chosen  by  the  citizens  of  each  county. 
One  person  shall  be  chosen  for  each  office,  who  shall  be  commissioned 
by  the  governor.  They  shall  hold  their  offices  for  three  years,  if  they 
shall  so  long  behave  themselves  well,  and  until  a  successor  be  duly 
qualified;  but  no  person  shall  be  twice  chosen  or  appointed  sheriff 
in  any  term  of  six  years.  Vacancies  in  either  of  the  said  offices  shall 
be  filled  by  an  appointment,  to  be  made  by  the  governor,  to  continue 
until  the  next  general  election,  and  until  a  successor  shall  be  chosen 
and  qualified  as  aforesaid. 

Sec.  2.  The  freemen  of  this  commonwealth  shall  be  armed,  organ- 
ized, and  disciplined  for  its  defence,  when  and  in  such  manner  as 
may  be  directed  by  law.  Those  who  conscientiously  scruple  to  bear 
arms  shall  not  be  compelled  to  do  so,  but  shall  pay  an  equivalent  for 
personal  service. 

Sec.  3.  Prothonotaries  of  the  supreme  court  shall  be  appointed 
by  the  said  court  for  the  term  of  three  years,  if  they  so  long  behave 
themselves  well.  Prothonotaries  and  clerks  of  the  several  other 
courts,  recorders  of  deeds,  and  registers  of  wills,  shall,  at  the  times  and 
places  of  election  of  representatives,  be  elected  by  the  qualified 
electors  of  each  county,  or  the  districts  over  which  the  jurisdiction  of 
said  courts  extends,  and  shall  be  commissioned  by  the  governor.  They 
shall  hold  their  offices  for  three  years,  if  they  shall  so  long  behave 
themselves  well,  and  until  their  successors  shall  be  duly  qualified. 
The  legislature  shall  provide  by  law  the  number  of  persons  in  each 
county  who  shall  hold  said  offices,  and  how  many  and  which  of  said 
offices  shall  be  held  by  one  person.  Vacancies  in  any  of  the  said  of- 
fices shall  be  filled  by  appointments  to  be  made  by  the  governor,  to 
continue  until  the  next  general  election,  and  until  successors  shall  be 
elected  and  qualified  as  aforesaid. 

Sec.  4.  Prothonotaries,  clerks  of  the  peace  and  orphans'  courts, 
recorders  of  deeds,  registers  of  wills,  and  sheriffs,  shall  keep  their 
offices  in  the  county-town  of  the  county  in  which  they,  respectively, 
shall  be  officers,  unless  when  the  governor  shall,  for  special  reasons, 
dispense  therewith,  for  any  term  not  exceeding  five  years  after  the 
county  shall  have  been  erected. 

Sec.  5.  All  commissions  shall  be  in  the  name  and  by  the  authority 
of  the  commonwealth  of  Pennsylvania,  and  be  sealed  with  the  State 
seal  and  signed  by  the  governor. 

Sec.  C).  a  State  treasurer  shall  be  elected  annually,  by  joint  vote  of 
both  branches  of  the  legislature. 

Sec.  7.  Justices  of  the  peace  or  aldermen  shall  be  elected  in  the  sev- 
eral wards,  boroughs,  and  townships,  at  the  time  of  the  election  of 
constables,  by  the  qualified  voters  thereof,  in  such  number  as  shall  be 
directed  by  law,  and  shall  be  commissioned  by  the  governor  for  a 
term  of  five  years.  But  no  township,  ward,  or  borough  shall  elect 
more  than  two  justices  of  the  peace  or  aldermen  without  the  consent 
of  a  majority  of  the  qualified  electors  within  such  township,  ward,  or 
borough. 


3112  Pennsylvania — 1838 

Sec.  8.  All  officers  whose  election  or  appointment  is  not  provided 
for  in  this  constitution  shall  be  elected  or  appointed  as  shall  be 
directed  by  law.  No  person  shall  be  appointed  to  any  office  within 
any  county  who  shall  not  have  been  a  citizen  and  an  inhabitant 
therein  one  year  next  before  his  appointment,  if  the  county  shall  have 
been  so  long  erected ;  but  if  it  shall  not  have  been  so  long  erected,  then 
within  the  limits  of  the  county  or  counties  out  of  which  it  shall  have 
been  taken.  No  member  of  Congress  from  this  State,  or  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise  any 
office  in  this  State  to  which  a  salary  is,  or  fees  or  perquisites  are,  by 
law,  annexed;  and  the  legislature  may  by  law  declare  what  State 
offices  are  incompatible.  No  member  of  the  senate  or  of  the  house  of 
representatives  shall  be  appointed  by  the  governor  to  any  office  dur- 
ing the  term  for  Avhich  he  shall  have  been  elected. 

Sec.  9.  All  officers  for  a  term  of  years  shall  hold  their  offices  for 
the  terms  respectively  specified,  only  on  the  condition  that  they  so 
long  behave  themselves  well;  and  shall  be  removed  on  conviction  of 
misbehavior  in  office  or  of  any  infamous  crime.' 

Sec.  10.  Any  person  who  shall,  after  the  adoption  of  the  amend- 
ments proposed  by  this  convention  to  the  constitution,  fight  a  duel,  or 
send  a  challenge  for  that  purpose,  or  be  aider  or  abettor  in  fighting 
a  duel,  shall  bo  deprived  of  the  right  of  holding  any  office  of  honor 
or  profit  in  this  State ;  and  shall  be  punished  otherwise  in  such  man- 
ner as  is  or  may  be  prescribed  by  law ;  but  the  executive  may  remit 
the  said  offence  and  all  its  disqualifications. 

Article  VII 

EDUCATION 

Section  1.  The  legislature  shall,  as  soon  as  conveniently  may  be, 
provide  by  law  for  the  establishment  of  schools  throughout  the  State, 
in  such  manner  that  the  poor  may  be  taught  gratis. 

Sec.  2.  The  arts  and  sciences  shall  be  promoted  in  one  or  more 
seminaries  of  learning. 

Sec.  3.  The  rights,  privileges,  immunities,  and  estates  of  religious 
societies  and  corporate  bodies  shall  remain  as  if  the  constitution  of 
this  State  had  not  been  altered  or  amended. 

Sec.  4.  The  legislature  shall  not  invest  any  corporate  body  or  indi- 
vidual with  the  privilege  of  taking  private  property  for  public  use, 
without  requiring  such  corporation  or  individual  to  make  compensa- 
tion to  the  owners  of  said  property,  or  give  adequate  security  therefor, 
before  such  property  shall  be  taken. 

Article  VIII 

OATHS  or  office 

Members  of  the  general  assembly,  and  officers  executive  and  judicial, 
shall  be  bound  by  oath  or  affirmation  to  support  the  constitution  of 
this  commonw^ealth,  and  to  perform  the  duties  of  their  respective 
offices  with  fidelity. 


Pennsylvania — 1838  3113 

Article  IX 

DECLARATION    OF    RIGHTS 

That  the  general,  great,  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we  de- 
clare— 

Section  1.  That  all  men  are  born  equally  free  and  independent, 
and  have  certain  inherent  and  indefeasible  rights,  among  which  are 
those  of  enjoying  and  defending  life  and  liberty,  of  acquiring,  pos- 
sessing, and  protecting  property  arid  reputation,  and  of  pursuing 
their  own  happiness. 

Sec.  2.  That  all  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  on  their  authority,  and  instituted  for  their 
peace,  safety,  and  happiness.  For  the  advancement  of  those  ends, 
they  have  at  all  times  an  unalienable  and  indefeasible  right  to  alter, 
reform,  or  abolish  their  government,  in  such  manner  as  they  may 
think  proper. 

Sec.  3.  That  all  men  have  a  natural  and  indefeasible  right  to  wor- 
ship Almighty  God  according  to  the  dictates  of  their  own  consciences ; 
that  no  man  can  of  right  be  compelled  to  attend,  erect,  or  support  any 
place  of  worship,  or  to  maintain  any  ministry,  against  his  consent; 
that  no  human  authority  can,  in  any  such  case  w^hatever,  control  or 
interfere  with  the  rights  of  conscience;  and  that  no  preference  shall 
ever  be  given,  by  law,  to  any  religious  establishments  or  modes  of 
worship. 

Sec.  4.  That  no  person  who  acknowledges  the  being  of  God  and  a 
future  state  of  rew^ards  and  punishments,  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place  of  trust 
or  profit  under  this  commonwealth. 

Sec.  5.  That  the  elections  shall  be  free  and  equal. 

Sec.  C).  That  trial  by  jur}^  shall  be  as  heretofore,  and  the  right 
thereof  remain  inviolate. 

Sec.  7.  That  the  printing-presses  shall  be  free  to  every  person  who 
undertakes  to  examine  the  proceedings  of  the  legislature  or  any 
branch  of  government ;  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof.  The  free  communication  of  thoughts  and  opinions  is 
one  of  the  invaluable  rights  of  man;  and  every  citizen  may  freely 
speak,  write,  and  print  on  any  subject,  being  responsible  for  the 
abuse  of  that  liberty.  In  prosecution  for  the  publication  of  papers 
investigating  the  official  conduct  of  officers,  or  men  in  a  public  ca- 
pacity, or  where  the  matter  published  is  proper  for  public  informa- 
tion, the  truth  thereof  may  be  given  in  evidence;  and  in  all  indict- 
ments for  libels  the  jury  shall  have  a  right  to  determine  the  law  and 
the  facts,  under  the  direction  of  the  court,  as  in  other  cases. 

Sec.  8.  That  the  people  shall  be  secure  in  their  persons,  houses, 
papers,  and  possessions  from  unreasonable  searches  and  seizures;  and 
that  no  warrant  to  search  any  place,  or  to  seize  any  person  or  things, 
shall  issue  without  describing  them  as  nearly  as  may  be,  nor  without 
probable  cause,  supported  by  oath  or  affirmation. 

Sec.  9.  That  in  all  criminal  prosecutions  the  accused  hath  a  right  to 
be  heard  by  himself  and  his  counsel,  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  to  meet  the  witnesses  face  to  face,  to 


3114  Pennsylvania — 1S38 

have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and,  in 
prosecutions  by  indictment  or  information,  a  speedy  trial  b}^  an  im- 
partial jury  of  the  vicinage;  that  he  cannot  be  compelled  to  give  evi- 
dence against  himself,  nor  can  he  be  deprived  of  his  life,  liberty,  or 
property,  unless  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

Sec.  10.  That  no  person  shall,  for  any  indictable  offence,  be  pro- 
ceeded against  criminally  by  information ;  except  in  cases  arising  in 
the  land  or  naval  forces,  or  in  the  militia  when  in  actual  service  in 
time  of  war  or  public  danger ;  or  by  leave  of  the  court  for  oppression 
and  misdemeanor  in  office.  No  person  shall  for  the  same  offence  be 
twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  any  man's  property  be 
taken  or  applied  to  public  use  without  the  consent  of  his  representa- 
tives and  without  just  compensation  being  made. 

Sec.  11.  That  all  courts  shall  be  open,  and  every  man,  for  an  injury 
done  him  in  his  lands,  goods,  person,  or  reputation,  shall  have  remedy 
by  the  due  course  of  law,  and  right  and  justice  administered  without 
sale,  denial,  or  delay.  Suits  may  be  brought  against  the  common- 
wealth in  such  manner,  in  such  courts,  and  in  such  cases  as  the  legis- 
lature may,  by  law,  direct. 

Sec.  12.  That  no  power  of  suspending  laws  shall  be  exercised, 
unless  by  the  legislature  or  its  authority. 

Sec.  13.  That  excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  punishments  inflicted. 

Sec.  14.  That  all  prisoners  shall  be  bailable  by  sufficient  sureties, 
unless  for  capital  offences,  when  the  proof  is  evident  or  presumption 
great;  and  the  privilege  of  the  w^rit  of  habeas  corptis  shall  not  be- 
suspended,  unless  when,  in  cases  of  rebellion  or  invasion,  the  public 
safety  may  require  it. 

Sec.  15.  That  no  commission  of  oyer  and  terminer  or  jail-delivery 
shall  be  issued. 

Sec.  16.  That  the  person  of  a  debtor,  where  there  is  not  strong 
presumption  of  fraud  shall  not  be  continued  in  prison  after  deliver- 
ing up  his  estate  for  the  benefit  of  his  creditors  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  17.  That  no  ex  post  facto  law,  nor  any  law  impairing  con- 
tracts, shall  be  made. 

Sec.  18.  That  no  person  shall  be  attainted  of  treason  or  felony  by 
the  legislature. 

Sec.  19.  That  no  attainder  shall  work  corruption  of  blood,  nor, 
except  during  the  life  of  the  offender,  forfeiture  of  estate  to  the  com- 
monwealth; that  the  estates  of  such  persons  as  shall  destroy  their 
own  lives  shall  descend  or  vest  as  in  case  of  natural  death;  and  if 
any  person  shall  be  killed  by  casualty,  there  shall  be  no  forfeiture  by 
reason  thereof. 

Sec.  20.  That  the  citizens  have  a  right,  in  a  peaceable  manner,  to 
assemble  together  for  their  common  good,  and  to  apply  to  those  in- 
vested with  the  powers  of  government  for  redress  of  grievances,  or 
other  proper  purposes,  by  petition,  redress,  or  remonstrance. 

Sec.  21.  That  the  right  of  the  citizens  to  bear  arms,  in  defence  of 
themselves  and  the  State,  shall  not  be  questioned. 

Sec.  22.  That  no  standing  army  shall,  in  time  of  peace,  be  kept  up, 
without  the  consent  of  the  legislature ;  and  the  military  shall,  in  all 
cases  and  at  all  times,  be  in  strict  subordination  to  the  civil  power. 


Pennsylvania — 1838  3115 

Sec.  23.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any 
house  without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a 
manner  to  be  prescribed  by  law. 

Sec.  24.  That  the  legislature  shall  not  grant  any  title  of  nobility  or 
hereditary  distinction,  nor  create  any  office  the  appointment  to  which 
shall  be  for  a  longer  term  than  during  good  behavior. 

Sec.  25.  That  emigration  from  the  State  shall  not  be  prohibited. 

Sec.  26.  To  guard  against  transgressions  of  the  high  powers  which 
we  have  delegated,  we  declare  that  everything  in  this  article  is  ex- 
cepted out  of  the  general  powers  of  government,  and  shall  forever 
remain  inviolate. 

Article  X 

OF  amendments 

Any  amendment  or  amendments  to  this  constitution  may  be  pro- 
posed in  the  senate  or  house  of  representatives,  and  if  the  same  shall 
be  agreed  to  by  a  majority  of  the  members  elected  to  each  house,  such 
proposed  amendment  or  amendments  shall  be  entered  on  their  jour- 
nals, with  the  yeas  and  nays  taken  thereon,  and  the  secretary  of  the 
commonwealth  shall  cause  the  same  to  be  published  three  months 
before  the  next  election,  in  at  least  one  newspaper  in  every  county  in 
which  a  newspaper  shall  be  published;  and  if  in  the  legislature  next 
afterward  chosen  such  proposed  amendment  or  amendments  shall  be 
agreed  to  by  a  majority  of  the  members  elected  to  each  house,  the 
secretary  of  the  commonwealth  shall  cause  the  same  again  to  be  pub- 
lished in  manner  aforesaid,  and  such  proposed  amendment  or  amend- 
ments shall  be  submitted  to  the  people  in  such  manner  and  at  such 
time,  at  least  three  months  after  being  so  agreed  to  by  the  two  houses, 
as  the  legislature  shall  prescribe;  and  if  the  people  shall  approve 
and  ratify  such  amendment  or  amendments  by  a  majorty  of  the  qufili- 
fied  voters  of  this  State  voting  thereon,  such  amendment  or  amend- 
ments shall  become  a  part  of  the  constitution,  but  no  amendment  or 
amendments  shall  be  submitted  to  the  people  oftener  than  once  in 
five  years:  Pj^omded,  That  if  more  than  one  amendment  be  submitted, 
they  shall  be  submitted  in  such  manner  and  form  that  the  people  may 
vote  for  or  against  each  amendment  separately  and  distinctly. 

Schedule 

That  no  inconvenience  may  arise  from  the  alterations  and  amend- 
ments in  the  constitution  of  this  commonwealth,  and  in  order  to 
carry  the  same  into  complete  operation,  it  is  hereby  declared  and 
ordained  that — 

Section  1.  All  laws  of  this  commonwealth  in  force  at  the  time 
when  the  said  alterations  and  amendments  in  the  said  constitution 
shall  take  effect,  and  not  inconsistent  therewith,  and  all  rights,  prose- 
cutions, actions,  claims,  and  contracts,  as  well  of  individuals  as  of 
bodies-corporate,  shall  continue  as  if  the  said  alterations  and  amend- 
ments had  not  been  made. 

Sec.  2.  The  alterations  and  amendments  in  the  said  constitution 
shall  take  effect  from  the  first  day  of  January,  eighteen  hundred  and 
thirty-nine. 


3116  Pennsylvania — 1838 

Sec.  3.  The  clauses,  sections,  and  articles  of  the  said  constitution 
which  remain  unaltered,  shall  continue  to  be  construed  and  have 
effect  as  if  the  said  constitution  had  not  been  amended. 

Sec.  4.  The  general  assembly  which  shall  convene  in  December, 
eighteen  hundred  and  thirty -eight,  shall  continue  its  session,  as  here- 
tofore, notwithstanding  the  provision  in  the  eleventh  section  of  the 
first  article,  and  shall  at  all  times  be  regarded  as  the  first  general 
assembly  under  the  amended  constitution. 

Sec.  5.  The  governor  who  shall  be  elected  in  October,  eighteen 
hundred  and  thirty-eight,  shall  be  inaugurated  on  the  third  Tuesday 
in  January,  eighteen  hundred  and  thirty-nine;  to  which  time  the 
present  executive  term  is  hereby  extended. 

Sec.  6.  The  commissions  of  the  judges  of  the  supreme  court  who 
may  be  in  office  on  the  first  day  of  January  next  shall  expire  in  the 
following  manner :  The  commission  which  bears  the  earliest  date  shall 
expire  on  the  first  day  of  January,  anno  Domini  one  thousand  eight 
hundred  and  forty-two;  the  commission  next  dated  shall  expire  on 
the  first  day  of  January,  anno  Domini  one  thousand  eight  hundred 
and  forty-five;  the  commission  next  dated  shall  expire  on  the  first 
day  of  January,  anno  Domini  one  thousand  eight  hundred  and  forty- 
eight;  the  commission  next  dated  shall  expire  on  the  first  day  of 
January,  anno  Domini  one  thousand  eight  hundred  and  fifty-one; 
and  the  commission  last  dated  shall  expire  on  the  first  day  of  Janu- 
ary, anno  Domini  one  thousand  eight  hundred  and  fifty-four. 

Sec.  7.  The  commissions  of  the  president  judges  of  the  several 
judicial  districts,  and  of  the  associate  law  judges  of  the  first  judicial 
districts,  shall  expire  as  follows:  The  commissions  of  one-half  of 
those  who  shall  have  held  their  offices  ten  years  or  more,  at  the 
adoption  of  the  amendments  to  the  constitution,  shall  expire  on  the 
twenty-seventh  day  of  February,  one  thousand  eight  hundred  and 
thirty-nine;  the  commissions  of  the  other  half  of  those  who  shall 
have  held  their  offices  ten  years  or  more,  at  the  adoption  of  the 
amendments  to  the  constitution,  shall  expire  on  the  twenty-seventh 
day  of  February,  one  thousand  eight  hundred  and  forty-two;  the 
first  half  to  embrace  those  whose  commissions  shall  bear  the  oldest 
date.  The  commissions  of  all  the  remaining  judges  who  shall  not 
have  held  their  offices  for  ten  years,  at  the  adoption  of  the  amend- 
ments to  the  constitution,  shall  expire  on  the  twenty-seventh  day  of 
February  next  after  the  end  of  ten  years  from  the  date  of  their  com- 
missioins. 

Sec.  8.  The  recorders  of  the  several  mayors'  courts  in  this  common- 
wealth shall  be  appointed  for  the  same  time  and  in  the  same  manner 
as  the  president  judges  of  the  several  judicial  districts;  of  those  now 
in  office,  the  commission  oldest  in  date  shall  expire  on  the  twenty- 
seventh  day  of  February,  one  thousand  eight  hundred  and  forty-one, 
and  the  others  every  two  years  thereafter  according  to  their  respec- 
tive dates ;  those  oldest  in  date  expiring  first. 

Sec  9.  The  legislature,  at  its  first  session  under  the  amended  con- 
stitution, shall  divide  the  other  associate  judges  of  the  State  into 
four  classes.  The  commissions  of  those  of  the  first  class  shall  expire 
on  the  twenty-seventh  day  of  February,  eighteen  hundred  and  forty ; 
of  those  of  the  second  class  on  the  twenty-seventh  day  of  February, 
eighteen  hundred  and  forty-one;  of  those  of  the  third  class  on  the 
twenty-seventh  day  of  February,  eighteen  hundred  and  forty-two; 


Pennsylvania— 1838  3117 

and  of  those  of  the  fourth  class  on  the  twenty-seventh  day  of  Febru- 
ary, eighteen  hundred  and  forty-three.  The  said  classes,  from  the 
first  to  the  fourth,  shall  be  arranged  according  to  the  seniority  of 
the  commissions  of  the  several  judges. 

Sec.  10.  Prothonotaries,  clerks  of  the  several  courts,  (except  of 
the  supreme  court,)  recorders  of  deeds,  and  registers  of  wills,  shall 
be  first  elected  under  the  amended  constitution  at  the  election  of 
representatives,  in  the  year  eighteen  hundred  and  thirty-nine,  in  such 
manner  as  may  be  prescribed  by  law. 

Sec.  11.  The  appointing  power  shall  remain  as  heretofore,  and  all 
officers  in  the  appointment  of  the  executive  department  shall  con- 
tinue in  the  exercise  of  the  duties  of  their  respective  offices  until  the 
legislature  shall  pass  such  laws  as  may  be  required  by  the  eighth 
section  of  the  sixth  article  of  the  amended  constitution,  and  until 
appointments  shall  be  made  under  such  laws,  unless  their  commis- 
sions shall  be  superseded  by  new  appointments,  or  shall  sooner  expire 
by  their  own  limitations,  or  the  said  offices  shall  become  vacant  by 
death  or  resignation,  and  such  laws  shall  be  enacted  by  the  first  legis- 
lature under  the  amended  constitution. 

Sec.  12.  The  first  election  for  aldermen  and  justices  of  the  peace 
shall  be  held  in  the  year  eighteen  hundred  '^-id  forty,  at  the  time 
fixed  for  the  election  of  constables.  The  legislature,  at  its  first  session 
under  the  amended  constitution,  shall  provide  for  the  said  election 
and  for  subsequent  similar  elections.  The  aldermen  and  justices  of 
the  peace  now  in  commission,  or  who  may  in  the  interim  be  appointed, 
shall  continue  to  discharge  the  duties  of  their  respective  offices  until 
fifteen  days  after  the  day  w^hich  shall  be  fixed  by  law  for  the  issuing 
of  new  commissions,  at  the  expiration  of  which  time  their  commis- 
sions shall  expire. 

In  testimony  that  the  foregoing  is  the  amended  constitution  of 
Pennsylvania,  as  agreed  to  in  convention,  we,  the  officers  and  members 
of  the  convention,  have  hereunto  signed  our  names,  at  Philadelphia, 
the  twenty-second  day  of  February,  anno  Domini  one  thousand  eight 
hundred  and  thirty-eight,  and  of  the  Independence  of  the  United 
States  of  America  the  sixty-second. 

John  Sergeant,  President. 

S.  Shoch,  Secretary. 

George  L.  Fauss, 

J.  Williams, 

Assistant  Secretaries, 


AMENDMENTS  TO  THE  CONSTITUTION  OF  1838 

(Ratified  1850) 

Art.  v.  Sec.  2.  The  judges  of  the  supreme  court,  of  the  several 
courts  of  common  pleas,  and  of  such  other  courts  of  record  as  are  or 
shall  be  established  bj^  law,  shall  be  elected  by  the  qualified  electors 
of  the  commonwealth  in  the  manner  following,  to  wit:  The  judges  of 
the  supreme  court,  by  the  qualified  electors  of  the  commonwealth  at 
large ;  the  president  judges  of  the  several  courts  of  common  pleas  and 
of  such  other  courts  of  record  as  are  or  shall  be  established  by  law, 
and  all  other  judges  required  to  be  learned  in  the  law,  by  the  qualified 


3118  Pennsylvania — 1 8S8 

electors  of  the  respective  districts  over  which  they  are  to  preside  or 
act  as  judges;  and  the  associate  judges  of  the  courts  of  common  pleas, 
by  the  qualified  electors. of  the  counties  respectively.  The  judges  of 
the  supreme  court  shall  hold  their  offices  for  the  term  of  fifteen  years, 
if  they  shall  so  long  behave  themselves  well,  (subject  to  the  allotment 
hereinafter  provided  for,  subsequent  to  the  first  election)  ;  the  presi- 
dent judges  of  the  several  courts  of  common  pleas,  and  of  such  other 
courts  of  record  as  are  or  shall  be  established  by  law,  and  all  other 
judges  required  to  be  learned  in  the  law,  shall  hold  their  offices  for 
the  term  of  ten  years,  if  they  shall  so  long  behave  themselves  w^ell; 
the  associate  judges  of  the  courts  of  common  pleas  shall  hold  their 
offices  for  the  term  of  five  years,  if  they  shall  so  long  behave  them- 
selves Avell :  all  of  whom  shall  be  commissioned  by  the  governor,  but 
for  any  reasonable  cause,  which  shall  not  be  sufficient  grounds  of  im- 
peachment, the  governor  shall  remove  any  of  them  on  the  address 
of  two-thirds  of  each  branch  of  the  legislature.  The  first  election 
shall  take  place  at  the  general  election  of  this  commonwealth  next 
after  the  adoption  of  this  amendment,  and  the  commissions  of  all  the 
judges  who  may  be  then  in  office  shall  expire  on  the  first  Monday 
of  December  following,  when  the  terms  of  the  new  judges  shall  com- 
mence. The  persons  who  shall  then  be  elected  judges  of  the  supreme 
court  shall  hold  their  offices  as  follow^s :  One  of  them  for  three  years, 
one  for  six  years,  one  for  nine  years,  one  for  twelve  years,  and  one 
for  fifteen  years,  the  term  of  each  to  be  decided  by  lot  by  the  said 
judges  as  soon  after  the  election  as  convenient,  and  the  result  certified 
by  them  to  the  governor,  that  the  commissions  may  be  issued  in  accord- 
ance thereto.  The  judge  whose  commission  Avill  first  expire  shall  be 
chief  justice  during  his  term,  and  thereafter  each  judge  whose  com- 
mission shall  first  expire  shall  in  turn  be  the  chief  justice,  and  if  two 
or  more  commissions  shall  expire  on  the  same  day,  the  judges  hold- 
ing them  shall  decide  by  lot  which  shall  be  the  chief  justice.  Any 
vacancies  happening  by  death,  resignation,  or  otherwise,  in  any  of 
the  said  courts,  shall  be  filled  by  appointment  by  the  governor,  to 
continue  till  the  first  Monday  of  December  succeeding  the  next  gen- 
eral election.  The  judges  of  the  supreme  court  and  the  presidents  of 
the  several  courts  of  common  pleas  shall  at  stated  times  receive  for 
their  service  an  adequate  compensation,  to  be  fixed  by  law^,  which 
shall  not  be  diminished  during  their  continuance  in  office,  but  they 
shall  receive  no  fees  or  perquisites  of  office,  nor  hold  any  other  office 
of  profit  under  this  commonwealth,  or  under  the  Government  of  the 
United  States,  or  any  other  State  of  this  Union.  The  judges  of  the 
supreme  court  during  their  contiuance  in  office  shall  reside  within  this 
commonwealth,  and  the  other  judges  during  their  continuance  in 
office  shall  reside  within  the  district  or  county  for  which  they  were 
respectively  elected. 

(Ratified  1857) 

Article  I.  Sec.  2.  From  section  two  of  the  first  article  of  the  con- 
stitution strike  out  the  words  "of  the  city  of  Philadelphia,  and  of 
each  county  respectively;"  from  section  five,  same  article,  strike  out 
the  words  "  of  Philadelphia  and  of  the  several  counties ;  "  from  sec- 
tion seven,  same  article,  strike  out  the  words  "  neither  the  city  of 
Philadelphia  nor  any ;  "  and   insert  in  lieu   thereof  the   following 


Pennsylvania — 1838  31 19 

Avords :  "And  no ;  "  and  strike  out  section  four,  same  article,  and  in 
iieu  thereof  insert  the  following: 

"Sec.  4.  In  the  year  one  thousand  eight  hundred  and  sixty-four, 
and  in  every  seventh  year  thereafter,  representatives  to  the  number  of 
one  hundred  shall  be  apportioned  and  distributed  equally  through- 
out the  State  by  districts,  in  proportion  to  the  number  of  taxable  in- 
habitants in  the  several  parts  thereof;  except  that  any  county  contain- 
ing at  least  three  thousand  five  hundred  taxables  may  be  allowed  a 
separate  representation;  but  no  more  than  three  counties  shall  be 
joined,  and  no  county  shall  be  divided  in  the  formation  of  a  district. 
Any  city  containing  a  sufficient  number  of  taxables  to  entitle  it  to  at 
least  two  representatives,  shall  have  a  separate  representation  as- 
signed it,  and  shall  be  divided  into  convenient  districts  of  contiguous 
territory,  of  equal  taxable  population  as  near  as  may  be,  each  of 
which  districts  shall  elect  one  representative." 

At  the  end  of  section  seven,  same  article,  insert  these  words :  "The 
city  of  Philadelphia  shall  be  divided  into  single  senatorial  districts 
of  contiguous  territory,  as  nearly  equal  in  taxable  population  as  pos- 
sible ;  but  no  ward  shall  be  divided  in  the  formation  thereof." 

The  legislature,  at  its  first  session  after  the  adoption  of  this  amend- 
ment, shall  divide  the  city  of  Philadelphia  into  senatorial  and  repre- 
sentative districts  in  the  manner  above  provided;  such  districts  to 
remain  unchanged  until  the  apportionment  in  the  year  one  thousand 
eight  hundred  and  sixty-four. 

Article  I.  To  he  Sec.  26.  The  legislature  shall  have  the  power  to 
cJter,  revoke,  or  annul  any  charter  of  incorporation  hereafter  con- 
ferred by  or  under  any  special  or  general  law  whenever  in  their  opin- 
ion it  may  be  injurious  to  the  citizens  of  the  commonwealth,  in  such 
manner,  however,  that  no  injustice  shall  be  done  to  the  corporators. 

Art.  XL  Added:  Sec.  1.  The  State  may  contract  debts  to  supply 
casual  deficits  or  failures  in  revenues,  or  to  meet  expenses  not  other- 
wise provided  for,  but  the  aggregate  amount  of  such  debts,  direct 
and  contingent,  whether  contracted  by  virtue  of  one  or  more  acts  of 
the  general  assembly  or  at  different  periods  of  time,  shall  never  ex- 
ceed seven  hundred  and  fifty  thousand  dollars,  and  the  money  aris- 
ing from  the  creation  of  such  debts  shall  be  applied  to  the  purposes 
for  which  it  w^as  obtained,  or  to  repay  the  debts  so  contracted,  and 
to  no  other  purpose  whatever. 

Sec.  2.  In  addition  to  the  above  limited  power,  the  State  may  con- 
tract debts  to  repel  invasion,  suppress  insurrection,  defend  the  State 
in  war,  or  to  redeem  the  present  outstanding  indebtedness  of  the 
State ;  but  the  money  arising  from  the  contractmg  of  such  debts  shall 
be  applied  to  the  purpose  tor  which  it  was  raised  or  to  repay  such 
debts,  and  to  no  other  purpose  whatever. 

Sec.  3.  Except  the  debts  above  specified  in  sections  one  and  two  of 
this  article,  no  debt  w^hatever  shall  be  created  bv  or  on  behalf  of  the 
State. 

Sec.  4.  To  provide  for  the  pavment  of  the  present  debt,  and  any 
additional  debt  contracted  as  aforesaid,  the  legislature  shall,  at  its 
first  session  after  the  adoption  of  this  amendment,  create  a  sinking- 
fund,  W'hich  shall  be  sufficient  to  pay  the  accruing  interest  on  such 
debt  and  annually  to  reduce  the  principal  thereof  by  a  sum  not  less 
than  two  hundred  and  fifty  thousand  dollars;  which  sinking-fund 
shall  consist  of  the  net  annual  income  of  the  public  works  from  time 


3120  Pennsylvania— 1838 

to  time  owned  by  the  State,  or  the  proceeds  of  the  sale  of  the  same 
or  any  part  thereof,  and  of  the  income  or  proceeds  of  sale  of  stocks 
owned  by  the  State,  together  with  other  funds  or  resources  that  may 
be  designated  by  law.  The  said  sinking-fund  may  be  increased  from 
time  to  time  by  assigning  to  it  any  part  of  the  taxes  or  other  revenues 
of  the  State  not  required  for  the  ordinary  and  current  expenses  of 
government,  and,  unless  in  case  of  war,  invasion,  or  insurrection,  no 
part  of  the  said  sinking-fund  shall  be  used  or  applied  otherwise  than 
in  extinguishment  of  the  public  debt,  until  the  amount  of  such  debt 
is  reduced  below  the  sum  of  five  millions  of  dollars. 

Sec.  5.  The  credit  of  the  commonwealth  shall  not  in  any  manner 
or  event  be  pledged  or  loaned  to  any  individual,  company,  corpora- 
tion, or  association,  nor  shall  the  commonwealth  hereafter  become  a 
joint  owner  or  stockholder  in  any  company,  association,  or  cor- 
poration. 

Sec.  6.  The  commonwealth  shall  not  assume  the  debt,  or  any  part 
thereof,  of  any  county,  city,  borough,  or  township,  or  of  any  corpo- 
ration or  association,  unless  such  debt  shall  have  been  contracted  to 
enable  the  State  to  repel  invasion,  suppress  domestic  insurrection, 
defend  itself  in  time  of  war,  or  to  assist  the  State  in  the  discharge 
of  any  portion  of  its  present  indebtedness. 

Sec.  7.  The  legislature  shall  not  authorize  an}^  county,  city,  bor- 
ough, township,  or  corporated  district,  by  virtue  of  a  vote  of  its 
citizens  or  otherwise,  to  become  a  stockholder  in  any  company,  asso- 
ciation, or  corporation,  or  to  obtain  money  for  or  loan  its  credit  to 
any  corporation,  association,  institution,  or  party. 

Art.  XII.  Added:  No  county  shall  be  divided  by  a  line  cutting 
off  over  one-tenth  of  its  population  (either  to  form  a  new  county  or 
otherwise)  without  the  express  assent  of  such  county,  by  a  vote  of 
the  electors  thereof,  nor  shall  any  new  county  be  established  contain- 
ing less  than  four  hundred  square  miles. 

(Ratified  1864) 

Art.  III.  Added:  Sec.  4.  AYhenever  any  of  the  qualified  electors 
of  this  commonwealth  shall  be  in  any  actual  military  service,  under 
a  requisition  from  the  President  of  the  United  States  or  by  the 
authority  of  this  commonwealth,  such  electors  may  exercise  the  right 
of  suffrage  in  all  elections  by  the  citizens,  under  such  regulations  as 
are  or  shall  be  prescribed  by  law,  as  fully  as  if  they  were  present  at 
their  usual  place  of  election. 

Art.  XI.  Added:  Sec.  8.  No  bill  shall  be  passed  by  the  legislature 
containing  more  than  one  subject,  which  shall  be  expressed  in  the  title, 
except  appropriation  bills. 

Sec.  9.  No  bill  shall  be  passed  by  the  legislature  granting  any 
powers  or  privileges,  in  any  case,  where  the  authority  to  grant  such 
powers  or  privileges  has  been  or  may  hereafter  be  conferred  upon  the 
courts  of  this  commonwealth. 

(Ratified  1872) 

Strike  out  the  sixth  section  of  the  sixth  article  of  the  Constitution, 
and  insert  in  lieu  thereof  the  following: — "A  State  Treasurer  shall 
be  chosen  by  the  qualified  electors  of  the  State,  at  such  times  and  for 
such  term  of  service  as  shall  be  prescribed  by  law." 


Pennsylvania— 1873  3121 

CONSTITUTION  OF  PENNSYLVANIA— 1873  * 

PREAMBLE 

We,  the  people  of  the  Commonwealth  of  Pennsylvania,  grateful  to 
Almighty  God  for  the  blessings  of  civil  and  religious  liberty,  and 
humbly  invoking  His  guidance,  do  ordain  and  establish  this  Con- 
stitution. 

Article  I 

DECLARATION    OF   RIGHTS 

That  the  general,  great  and  essential  principles  of  liberty  and  free 
government  may  be  recognized  and  unalterably  established,  we  declare 
that — 

Section  1.  All  men  are  born  equally  free  and  independent,  and 
have  certain  inherent  and  indefeasible  rights,  among  which  are  those 
of  enjoying  and  defending  life  and  liberty,  of  acquiring,  possessing 
and  protecting  property  and  reputation,  and  of  pursuing  their  own 
happiness. 

Sec.  2.  All  power  is  inherent  in  the  people,  and  all  free  govern- 
ments are  founded  on  their  authority  and  instituted  for  their  peace, 
safety  and  happiness.  For  the  advancement  of  these  ends  they  have 
at  all  times  an  alienable  and  indefeasible  right  to  alter,  reform  or 
abolish  their  government  in  such  manner  as  they  may  think  proper. 

Sec.  3.  All  men  have  a  natural  and  indefeasible  right  to  worship 
Almighty  God  according  to  the  dictates  of  their  own  consciences; 
no  man  can  of  right  be  compelled  to  attend,  erect  or  support  any 
place  of  worship,  or  to  maintain  any  ministry  against  his  consent; 
no  human  authority  can,  in  any  case  whatever,  control  or  interfere 
with  the  rights  of  conscience  and  no  preference  shall  ever  be  given  by 
law  to  any  religious  establishments  or  modes  of  worship. 

Sec.  4.  No  person  who  acknowledges  the  being  of  a  God,  and  a 
future  state  of  rewards  and  punishments  shall,  on  account  of  his 
religious  sentiments,  be  disqualified  to  hold  any  office  or  place  of  trust 
or  profit  under  this  Commonwealth. 

Sec.  5.  Elections  shall  be  free  and  equal;  and  no  power,  civil  or 
military,  shall  at  any  time  interfere  to  prevent  the  free  exercise  of  the 
right  of  suffrage. 

Sec.  6.  Trial  by  jury  shall  be  as  heretofore,  and  the  right  thereof 
remain  inviolate. 

Sec.  T.  The  printing  press  shall  be  free  to  every  person  who  may 
undertake  to  examine  the  proceedings  of  the  Legislature  or  any 
branch  of  government,  and  no  law  shall  ever  be  made  to  restrain  the 
right  thereof.  The  free  communication  of  thoughts  and  opinions  is 
one  of  the  invaluable  rights  of  man,  and  every  citizen  may  freely 
speak,  write  and  print  on  any  subject,  being  responsible  for  the  abuse 
of  that  liberty.     No  conviction  shall  be  had  in  any  prosecution  for 

*  The  Constitution  of  the  Commonwealth  of  Pennsylv.ania.  Adopted  by  the 
Constitiftional  Convention  November  8.  1873 ;  ratified  and  adopted  by  the  people 
at  a  special  election  held  December  10,  1878;  went  into  effect  .January  1.  1874, 
and  as  amended  November  5,  1901.  Wm.  Stanley  Ray,  State  Printer  of  Penn- 
sylvania.    1902.     pp.  41. 


3122  Pennsylvania— 1873 

the  publication  of  papers  relating  to  the  official  conduct  of  officers 
or  men  in  public  capacity,  or  to  any  other  matter  proper  for  public 
investigation  or  information,  where  the  fact  that  such  publication 
Avas  not  maliciousl}^  or  negligently  made  shall  be  established  to  the 
satisfaction  of  the  jury;  and  in  all  indictments  for  libels  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts,  under  the 
direction  of  the  court,  as  in  other  cases. 

Sec.  8.  The  people  shall  be  secure  in  their  persons,  houses,  papers 
and  possessions  from  unreasonable  searches  and  seizures,  and  no  war- 
rant to  search  any  place  or  to  seize  any  person  or  things  shall  issue 
without  describing  them  as  nearly  as  may  be,  nor  without  probable 
cause,  supported  by  oath  or  affirmation  subscribed  to  by  the  affiant. 

Sec.  9.  In  all  criminal  prosecutions  the  accused  hath  a  right  to  be 
heard  by  himself  and  his  counsel,  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  to  meet  the  witnesses  face  to  face,  to 
have  compulsory  process  for  obtaining  witnesses  in  his  favor,  and, 
in  prosecutions  by  indictment  or  information,  a  speedy  public  trial 
by  an  impartial  jury  of  the  vicinage;  he  cannot  be  compelled  to  give 
evidence  against  himself,  nor  can  he  be  deprived  of  his  life,  liberty 
or  property,  unless  by  the  judgment  of  his  peers  or  the  law  of  the 
land. 

Sec.  10.  No  person  shall,  for  any  indictable  offense,  be  proceeded 
against  criminally  by  information,  except  in  cases  arising  in  the  land 
or  naval  forces,  or  in  the  militia,  when  in  actual  service,  in  time  of 
war  or  public  danger,  or  by  leave  of  the  court  for  oppression  or  mis- 
demeanor in  office.  No  person  shall,  for  the  same  offense,  be  twice 
put  in  jeopardy  of  life  or  limb;  nor  shall  private  property  be  taken 
or  applied  to  public  use,  without  authority  of  law  and  without  just 
compensation  being  first  made  or  secured. 

Sec.  11.  All  courts  shall  be  open;  and  every  man  for  an  injury 
done  him  in  his  lands,  goods,  person  or  reputation  shall  have  remedy 
by  due  course  of  law",  and  right  and  justice  administered  without 
sale,  denial  or  delay.  Suits  may  be  brought  against  the  Common- 
wealth in  such  manner,  in  such  courts  and  m  such  cases  as  the  Legis- 
lature may  by  law  direct. 

Sec.  12.  No  power  of  suspending  laws  shall  be  exercised  unless  by 
the  Legislature  or  by  its  authority. 

Sec.  13.  t^xcessive  bail  shall  not  be  required,  nor  excessive  fines 
imposed,  nor  cruel  punishments  inflicted. 

Sec.  14.  All  prisoners  shall  be  bailable  by  sufficient  sureties,  unless 
for  capital  offenses  when  the  proof  is  evident  or  presumption  great ; 
and  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless  when  in  case  of  rebellion  or  invasion  the  public  safety  may  re- 
quire it. 

Sec.  15.  No  commission  of  oyer  and  terminer  or  jail  delivery  shall 
be  issued. 

Sec.  10.  The  person  of  a  debtor,  where  there  is  not  strong  presump- 
tion of  fraud,  shall  not  be  continued  in  prison  after  delivering  up  his 
estate  for  the  benefit  of  his  creditors  in  such  manner  as  shall  be  pre- 
scribed by  law. 

Sec.  17.  No  ex  post  facto  law,  nor  any  law  impairing  the  obliga- 
tion jof  contracts,  or  making  irrevocable  any  grant  of  special  privi- 
leges or  immunities,  shall  be  passed. 


Pennsylvania — 1873  3123 

Sec.  18.  No  person  shall  be  attainted  of  treason  or  felony  by  the 
Legislature. 

Sec.  19.  No  attainder  shall  work  corruption  of  blood,  nor,  except 
during  the  life  of  the  offender,  forfeiture  of  estate  to  the  Common- 
wealth. The  estate  of  such  persons  as  shall  destroy  their  own  lives 
lives  shall  descend  or  vest  as  in  cases  of  natural  death,  and  if  any 
person  shall  be  killed  by  casualty  there  shall  be  no  forfeiture  by  rea- 
son thereof. 

Sec.  20.  The  citizens  have  a  right  in  a  peaceable  manner  to  as- 
semble together  for  their  common  good  and  to  apply  to  those  in- 
vested with  the  powers  of  government  for  redress  of  grievances  or 
other  proper  purposes,  by  petition,  address  or  remonstrance. 

Sec.  21.  The  right  of  the  citizens  to  bear  arms  in  defense  of  them- 
selves and  the  State  shall  not  be  questioned. 

Sec.  22.  No  standing  army  shall,  in  time  of  peace,  be  kept  up 
without  the  consent  of  the  Legislature,  and  the  military  shall  in  all 
cases  and  at  all  time  be  in  strict  subordination  to  the  civil  power. 

Sec.  23.  No  soldier  shall  in  time  of  peace  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war  but  in  a  manner 
to  be  prescribed  by  law. 

Sec.  24.  The  Legislature  shall  not  grant  any  title  of  nobility  or 
hereditary  distinction,  nor  create  any  office  the  appointment  to  which 
shall  be  for  a  longer  term  than  during  good  behavior. 

Sec.  25.  Emigration  from  the  State  shall  not  be  prohibited. 

Sec.  26.  To  guard  against  transgressions  of  the  high  powers  which 
we  have  delegated,  we  declare  that  everything  in  this  article  is 
excepted  out  of  the  general  powers  of  government  and  shall  forever 
remain  inviolate. 

Article  II 

THE    LEGISLATURE 

Sec.  1.  The  legislative  power  of  this  Commonwealth  shall  be  vested 
in  a  General  Assembly  which  shall  consist  of  a  Senate  and  a  House 
of  Representatives. 

Sec.  2.  Members  of  the  General  Assembly  shall  be  chosen  at  the 
general  election  every  second  year.  Their  term  of  service  shall  begin 
on  the  first  day  of  December  next  after  their  election.  Whenever  a 
vacancy  shall  occur  in  either  House,  the  presiding  officer  thereof  shall 
issue  a  writ  of  election  to  fill  such  vacancy  for  .the  remainder  of  the 
term. 

Sec.  3.  Senators  shall  be  elected  for  the  term  of  four  years  and 
Representatives  for  the  term  of  two  years. 

Sec.  4.  The  General  Assembly  shall  meet  at  twelve  o'clock,  noon, 
on  the  first  Tuesday  of  January  every  second  year,  and  at  other  times 
when  convened  by  the  Governor,  but  shall  hold  no  adjourned  annual 
session  after  the  year  one  thousand  eight  hundred  and  seventy-eight. 
In  case  of  a  vacancy  in  the  office  of  United  States  Senator  from  this 
Commonwealth,  in  a  recess  between  sessions,  the  Governor  shall  con- 
vene the  two  Houses,  by  proclamation  on  notice  not  exceeding  sixty 
days,  to  fill  the  same. 

Sec.  5.  Senators  shall  be  at  least  twenty-five  years  of  age  and 
Representatives  twenty-one  years  of  age.  They  shall  have  been  citi- 
zens and  inhabitants  of  the  State  four  years,  and  inhabitants  of  their 
7254— VOL  5—09 38 


3124  Pennsylvania— 1 873 

respective  districts  one  year  next  before  their  election  (unless  absent 
on  the  public  business  of  the  United  States  or  of  this  State) ,  and  shall 
reside  in  their  respective  districts  during  their  terms  of  service. 

Sec.  6.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  shall  have  been  elected,  be  appointed  to  any  civil  office  under 
this  Commonwealth,  and  no  member  of  Congress,  or  other  person, 
holding  any  office  (except  of  attorney-at-law  or  in  the  militia)  under 
the  United  States,  or  this  Commonwealth,  shall  be  a  member  of  either 
House  during  his  continuance  in  office. 

Sec.  7.  No  person  hereafter  convicted  of  embezzlement  of  public 
moneys,  bribery,  perjury  or  other  infamous  crime,  shall  be  eligible 
to  the  General  Assembly,  or  capable  of  holding  any  office  of  trust  or 
profit  in  this  Commonwealth. 

Sec.  8.  The  members  of  the  General  Assembly  shall  receive  such 
salary  and  mileage  for  regular  and  special  sessions  as  shall  be  fixed 
by  law,  and  no  other  compensation  w^iatever,  whether  for  service 
upon  committee  or  otherwise.  No  member  of  either  House  shall 
during  the  term  for  Avhich  he  may  have  been  elected,  receive  any  in- 
crease of  salary,  or  mileage,  under  any  law  passed  during  such  term. 

Sec.  9.  The  Senate  shall  at  the  beginning  and  close  of  each  regular 
session  and  at  such  other  times  as  may  be  necessary,  elect  one  of  its 
members  President  pro  tempore,  who  shall  perform  the  duties  of 
the  Lieutenant  Governor,  in  any  case  of  absence  or  disability  of  that 
officer,  and  whenever  the  said  office  of  Lieutenant  Governor  shall  be 
vacant.  The  House  of  Representatives  shall  elect  one  of  its  mem- 
bers as  Speaker.  Each  House  shall  choose  its  other  officers,  and  shall 
judge  of  the  election  and  qualifications  of  its  members. 

Sec.  10.  A  majority  of  each  House  shall  constitute  a  quorum, 
but  a  smaller  number  may  adjourn  from  day  to-day  and  compel  the 
attendance  of  absent  members. 

Sec.  11.  Each  House  shall  have  power  to  determine  the  rules 
of  its  proceedings  and  punish  its  members  or  other  persons  for  con- 
tempt or  disorderly  behavior  in  its  presence,  to  enforce  obedience  to 
its  process,  to  protect  its  members  against  violence  or  offers  of  bribes 
or  private  solicitation,  and,  with  the  concurrence  of  two-thirds,  to 
expel  a  member,  but  not  a  second  time  for  the  same  cause,  and  shall 
have  all  other  powers  necessary  for  the  Legislature  of  a  free  State. 
A  member  expelled  for  corruption  shall  not  thereafter  be  eligible  to 
either  House,  and  punishment  for  contempt  or  disorderly  behavior 
shall  not  bar  an  indictment  for  the  same  offense. 

Sec.  12.  Each  House  shall  keep  a  journal  of  its  proceedings  and 
from  time  to  time  publish  the  same,  except  such  parts  as  require 
secrecy,  and  the  yeas  and  nays  of  the  members  on  any  question  shall, 
at  the  desire  of  any  two  of  them,  be  entered  on  the  journal. 

Sec.  13.  The  sessions  of  each  House  and  of  committees  of  the  whole 
shall  be  open,  unless  when  the  business  is  such  as  ought  to  be  kept 
secret. 

Sec.  14.  Neither  House  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  the  two  Houses  shall  be  sitting. 

Sec.  15.  The  members  of  the  General  Assembly  shall  in  all  cases, 
except  treason,  felony,  violation  of  their  oath  of  office,  and  breach 
or  surety  of  the  peace,  be  privileged  from  arrest  during  their  at- 
tendance at  the  sessions  of  their  respective  Houses  and  in  going  to 


Pennsylvania— 1873  3 125 

and  returning  from  the  same ;  and  for  any  speech  or  debate  in  either 
House  they  shall  not  be  questioned  in  any  other  place. 

Sec.  16.  The  State  shall  be  divided  into  fifty  senatorial  districts 
of  compact  and  contiguous  territory  as  nearly  equal  in  population  as 
may  be,  and  each  district  shall  be  entitled  to  elect  one  Senator. 
Each  county  containing  one  or  more  ratios  of  population  shall  be 
entitled  to  one  Senator  for  each  ratio,  and  to  an  additional  Senator 
for  a  surplus  of  population  exceeding  three-fifths  of  a  ratio,  but  no 
county  shall  form  a  separate  district  unless  it  shall  contain  four- 
fifths  of  a  ratio,  except  where  the  adjoining  counties  are  each  entitled 
to  one  or  more  Senators,  when  such  county  may  be  assigned  a  Senator 
on  less  than  four-fifths  and  exceeding  one-half  of  a  ratio;  and  no 
county  shall  be  divided  unless  entitled  to  two  or  more  Senators.  No 
city  or  county  shall  be  entitled  to  separate  representation  exceeding 
one-sixth  of  the  whole  number  of  Senators.  No  ward,  borough  or 
township  shall  be  divided  in  the  formation  of  a  district.  The  sena- 
torial ratio  shall  be  ascertained  by  dividing  the  whole  population  of 
the  State  by  the  number  fifty. 

Sec.  17.  The  members  of  the  House  of  Representatives  shall  be 
apportioned  among  the  several  counties,  on  a  ratio  obtained  by  divid- 
ing the  population  of  the  State  as  ascertained  by  the  most  recent 
United  States  census  by  two  hundred.  Every  county  containing  less 
than  five  ratios  shall  have  one  representative  for  every  full  ratio,  and 
an  additional  representative  when  the  surplus  exceeds  half  a  ratio; 
but  each  county  shall  have  at  least  one  representative.  Every  county 
containing  five  ratios  or  more  shall  have  one  representative  for  every 
full  ratio.  Every  city  containing  a  population  equal  to  a  ratio  shall 
elect  separately  its  proportion  of  the  representatives  allotted  to  the 
county  in  which  it  is  located.  Every  city  entitled  to  more  than  four 
representatives,  and  every  county  having  over  one  hundred  thousand 
inhabitants  shall  be  divided  into  districts  of  compact  and  contiguous 
territory,  each  district  to  elect  its  proportion  of  representatives, 
according  to  its  population,  but  no  district  shall  elect  more  than 
four  representatives. 

Sec.  18.  The  General  Assembly  at  its  first  session  after  the  adop- 
tion of  this  Constitution,  and  immediately  after  each  United  States 
decennial  census,  shall  apportion  the  State  into  senatorial  and  repre- 
sentative districts  agreeably  to  the  provisions  of  the  two  next  preced- 
ing sections. 

Article  III 

legislation 

Section  1.  No  law  shall  be  passed  except  by  bill,  and  no  bill  shall 
be  so  altered  or  amended,  on  its  passage  through  either  House,  as  to 
change  its  original  purpose. 

Sec.  2.  No  bill  shall  be  considered  unless  referred  to  a  committee, 
returned  therefrom,  and  printed  for  the  use  of  the  members. 

Sec.  3.  No  bill,  except  general  appropriation  bills,  shall  be  passed 
containing  more  than  one  subject,  which  shall  be  clearlv  expressed  in 
its  title. 

Sec.  4.  Every  bill  shall  be  read  at  length  on  three  different  days  in 
each  House;  all  amendments  made  thereto  shall  be  printed  for  the 
use  of  the  members  before  the  final  vote  is  taken  on  the  bill,  and  no 


3126  Pennsylvania— 1873 

bill  shall  become  a  law,  unless  on  its  final  passage  the  vote  be  taken 
by  yeas  and  nays,  the  names  of  the  persons  voting  for  and  against  the 
same  be  entered  on  the  journal,  and  a  majority  of  the  members 
elected  to  each  House  be  recorded  thereon  as  voting  in  its  favor. 

Sec.  5.  No  amendment  to  bills  by  one  House  shall  be  concurred  in 
by  the  other,  except  by  the  vote  of  a  majority  of  the  members  elected 
thereto,  taken  by  yeas  and  nays,  and  the  names  of  those  voting  for  and 
against  recorded  upon  the  journal  thereof ;  and  reports  of  committees 
of  conference  shall  be  adopted  in  either  House  only  by  the  vote, 
of  a  majority  of  the  members  elected  thereto,  taken  by  yeas  and  nays, 
and  the  names  of  those  voting  recorded  upon  the  journals. 

Sec.  6.  No  law  shall  be  revived,  amended,  or  the  provisions  thereof 
extended  or  conferred,  by  reference  to  its  title  only,  but  so  much 
thereof  as  is  revived,  amended,  extended  or  conferred  shall  be  re- 
enacted  and  published  at  length. 

Sec.  7.  The  General  Assembly  shall  not  pass  any  local  or  special 
law: 

Authorizing  the  creation,  extension  or  impairing  of  liens : 

Kegulating  the  affairs  of  counties,  cities,  townships,  wards,  bor- 
oughs or  school  districts : 

Changing  the  names  of  persons  or  places : 

Changing  the  venue  in  civil  or  criminal  cases : 

Authorizing  the  laying  out,  opening,  altering  or  maintaining,  roads, 
highways,  streets  or  alleys : 

Eelating  to  ferries  or  bridges,  or  incorporating  ferry  or  bridge 
companies,  except  for  the  erection  of  bridges  crossing  streams  which 
form  boundaries  between  this  and  any  other  State : 

Vacating  roads,  town  plats,  streets  or  alleys : 

Relating  to  cemeteries,  graveyards  or  public  grounds  not  of  the 
State : 

Authorizing  the  adoption  or  legitimation  of  children: 

Locating  or  changing  county  seats,  erecting  new  counties  or  chang- 
ing county  lines : 

Incorporating  cities,  towns  or  villages,  or  changing  their  charters : 

For  the  opening  and  conducting  of  elections,  or  fixing  or  changing 
the  place  of  voting: 

Granting  divorces : 

Erecting  new  townships  or  boroughs,  changing  township  lines, 
borough  limits  or  school  districts : 

Creating  offices,  or  prescribing  the  powers  and  duties  of  officers  in 
counties,  cities,  boroughs,  townships,  election  or  school  districts : 

Changing  the  law  of  descent  or  succession : 

Regulating  the  practice  or  jurisdiction  of,  or  changing  the  rules  of 
evidence  in,  any  judicial  proceeding  or  inquiry  before  courts,  alder- 
men, justices  of  the  peace,  sheriffs,  commissioners,  arbitrators,  audi- 
tors, masters  in  chancery  or  other  tribunals,  or  providing  or  changing 
methods  for  the  collection  of  debts,  or  the  enforcing  of  judgments, 
or  prescribing  the  effect  of  judicial  sales  of  real  estate : 

Regulating  the  fees  or  extending  the  powers  and  duties  of  alder- 
men, justices  of  the  peace,  magistrates  or  constables: 

Regulating  the  management  of  jDublic  schools,  the  building  or  re- 
pairing of  school  houses,  and  the  raising  of  money  for  such  purposes : 

Fixing  the  rate  of  interest : 


Pennsylvania— 1873  3127 

Affecting  the  estates  of  minors  or  persons  under  disability,  except 
after  due  notice  to  all  parties  in  interest,  to  be  recited  in  the  special 
enactment : 

Remitting  fines,  penalties  and  forfeitures,  or  refunding  moneys 
legally  paid  into  the  treasury : 

Exempting  property  from  taxation : 

Regulating  labor,  trade,  mining  or  manufacturing: 

Creating  corporations,  or  amending,  renewing  or  extending  the 
charters  thereof: 

Granting  to  any  corporation,  association  or  individual  any  special 
or  exclusive  privilege  or  immunity,  or  to  any  corporation,  association 
or  individual  the  right  to  lay  down  a  railroad  track : 

Nor  shall  the  General  Assembly  indirectly  enact  such  special  or 
local  law  by  the  partial  repeal  of  a  general  law ;  but  laws  repealing 
local  or  special  acts  may  be  passed : 

Nor  shall  any  law  be  passed  granting  powers  or  privileges  in  any 
case  where  the  granting  of  such  powers  and  privileges  shall  have  been 
provided  for  by  general  law,  nor  where  the  courts  have  jurisdiction  to 
grant  the  same  or  give  the  relief  asked  for. 

Sec.  8.  No  local  or  special  bill  shall  be  passed  unless  notice  of  the 
intention  to  apply  therefor  shall  have  been  published  in  the  locality 
where  the  matter  or  the  thing  to  be  affected  may  be  situated,  which 
notice  shall  be  at  least  thirty  days  prior  to  the  introduction  into  the 
General  Assembly  of  such  bill  and  in  the  manner  to  be  provided  by 
law;  the  evidence  of  such  notice  having  been  published,  shall  be  ex- 
hibited in  the  General  Assembly,  before  such  act  shall  be  passed. 

Sec.  9.  The  presiding  officer  of  each  House  shall,  in  the  presence 
of  the  House  over  which  he  presides,  sign  all  bills  and  joint  resolu- 
tions passed  by  the  General  Assembly,  after  their  titles  have  been  pub- 
licly read  immediately  before  signing;  and  the  fact  of  signing  shall 
be  entered  on  the  journal. 

Sec.  10.  The  General  Assembly  shall  prescribe  by  law  the  number, 
duties  and  compensation  of  the  officers  and  employes  of  each  House, 
and  no  payment  shall  be  made  from  the  State  Treasury,  or  be  in  any 
way  authorized,  to  any  person,  except  to  an  acting  officer  or  employee 
elected  or  appointed  in  pursuance  of  law. 

Sec.  11.  No  bill  shall  be  passed  giving  any  extra  compensation  to 
any  public  officer,  servant,  employe,  agent  or  contractor,  after  serv- 
ices shall  have  been  rendered  or  contract  made,  nor  providing  for  the 
payment  of  any  claim  against  the  Commonwealth  without  previous 
authority  of  law. 

Sec.  12.  All  stationery,  printing  paper  and  fuel  used  in  the  legis- 
lative and  other  departments  of  government  shall  be  furnished,  and 
the  printing,  binding  and  distributing  of  the  laws,  journals,  depart- 
ment reports,  and  all  other  printing  and  binding,  and  the  repairing 
and  furnishing  the  halls  and  rooms  used  for  the  meetings  of  the 
General  Assembly  and  its  committees,  shall  be  performed  under  con- 
tract to  be  given  to  the  lowest  responsible  bidder  below  such  maxi- 
mum price  and  under  such  regulations  as  shall  be  prescribed  by  law ; 
no  member  oi  officer  of  any  department  of  the  government  shall  be 
in  any  way  interested  in  such  contracts,  and  all  such  contracts  shall 
be  subject  to  the  approval  of  the  Governor,  Auditor  General  and  State 
Treasurer. 


3128  Pennsylvania — 1873 

Sec.  13.  No  law  shall  extend  the  term  of  any  public  officer,  or  in- 
crease or  diminish  his  salary  or  emoluments,  after  his  election  or 
appointment. 

Sec.  14.  All  bills  for  raising  revenue  shall  originate  in  the  House 
of  Eepresentatives,  but  the  Senate  may  propose  amendments  as  in 
other  bills. 

Sec.  15.  The  general  appropriation  bill  shall  embrace  nothing  but 
appropriations  for  the  ordinary  expenses  of  the  executive,  legisla- 
tive and  judicial  departments  of  the  Commonwealth,  interest  on  the 
public  debt  and  for  public  schools;  all  other  appropriations  shall  be 
made  by  separate  bills,  each  embracing  but  one  subject. 

Sec.  16.  No  money  shall  be  paid  out  of  the  treasury,  except  upon 
appropriations  made  by  law,  and  on  warrant  drawn  by  the  proper 
officer  in  pursuance  thereof. 

Sec.  17.  No  appropriation  shall  be  made  to  any  charitable  or  edu- 
cational institution  not  under  the  absolute  control  of  the  Common- 
wealth, other  than  normal  schools  established  by  law  for  the  pro- 
fessional training  of  teachers  for  the  public  schools  of  the  State, 
except  by  a  vote  of  two-thirds  of  all  the  members  elected  to  each 
House. 

Sec.  18.  No  appropriations,  except  for  pensions  or  gratuities  for 
military  services,  shall  be  made  for  charitable,  educational  or  benevo- 
lent purposes,  to  any  person  or  community,  nor  to  any  denominational 
or  sectarian  institution,  corporation  or  association. 

Sec.  19.  The  General  Assembly  may  make  appropriations  of  money 
to  institutions  wherein  the  widows  of  soldiers  are  supported  or 
assisted,  or  the  orphans  of  soldiers  are  maintained  and  educated; 
but  such  appropriation  shall  be  applied  exclusively  to  the  support 
of  such  widows  and  orphans. 

Sec.  20.  The  General  Assembly  shall  not  delegate  to  any  special 
commission,  private  corporation  or  association,  any  power  to  make, 
supervise  or  interfere  with  any  municipal  improvement,  money, 
property  or  effects  whether  held  in  trust  or  otherwise,  or  to  levy 
taxes  or  perform  any  municipal  function  whatever. 

Sec.  21.  No  act  of  the  General  Assembly  shall  limit  the  amount  to 
be  recovered  for  injuries  resulting  in  death,  or  for  injuries  to  persons 
or  property;  and,  in  case  of  death  from  such  injuries,  the  right  of 
action  shall  survive,  and  the  General  Assembly  shall  prescribe  for 
whose  benefit  such  actions  shall  be  prosecuted.  No  act  shall  pre- 
scribe any  limitations  of  time  within  which  suits  may  be  brought 
against  corporations  for  injuries  to  persons  or  property,  or  for  other 
causes  different  from  those  fixed  by  general  laws  regulating  actions 
against  natural  persons,  and  such  acts  now  existing  are  voided. 

Sec.  22.  No  act  of  the  General  Assembly  shall  authorize  the  invest- 
ment of  trust  funds  by  executors,  administrators,  guardians  or  other 
trustees,  in  the  bonds  or  stock  of  any  private  corporation,  and  such 
acts  now  existing  are  avoided,  saving  investments  heretofore  made. 

Sec.  23.  The  power  to  change  the  venue  in  civil  and  criminal  cases 
shall  be  vested  in  the  courts,  to  be  exercised  in  such  manner  as  shall 
be  provided  by  law. 

Sec.  24.  No  obligation  or  liability  of  any  railroad  or  other  corpora- 
tion, held  or  owned  by  the  Commonwealth,  shall  ever  be  exchanged, 
transferred,  remitted,*  postponed  or  in  any  way  diminished  by  the 


Pennsylvania— 1873  3129 

General  Assembly,  nor  shall  such  liability  or  obligation  be  released, 
except  by  payment  thereof  into  the  State  Treasury. 

Sec.  25.  When  the  General  Assembly  shall  be  convened  in  special 
session,  there  shall  be  no  legislation  upon  subjects  other  than  those 
designated  in  the  proclamation  of  the  Governor  calling  such  session. 

Sec.  26.  Every  order,  resolution  or  vote,  to  which  the  concurrence- 
of  both  Houses  may  be  necessary,  except  on  the  question  of  adjourn- 
ment, shall  be  presented  to  the  Governor,  and  before  it  shall  take 
effect  be  approved  by  him,  or  being  disapproved,  shall  be  repassed  by 
two-thirds  of  both  Houses,  according  to  the  rules  and  limitations 
prescribed  in  case  of  a  bill. 

Sec.  27.  No  State  office  shall  be  continued  or  created  for  the  in- 
spection or  measuring  of  any  merchandise,  manufacture  or  com- 
modity, but  any  county  or  municipality  may  appoint  such  officers 
when  authorized  by  law. 

Sec.  28.  No  law  changing  the  location  of  the  capital  of  the  State 
shall  be  valid  untill  the  same  shall  have  been  submitted  to  the  quali- 
fied electors  of  the  Commonwealth  at  a  general  election,  and  ratified 
and  approved  by  them. 

Sec.  29.  A  member  of  the  General  Assembly  who  shall  solicit,  de- 
mand or  receive,  or  consent  to  receive,  directly  or  indirectly,  for  him- 
self or  for  another,  or  from  any  company,  corporation  or  person,  any 
money,  office,  appointment,  employment,  testimonial,  reward,  thing 
of  value  or  enjoyment,  or  of  personal  advantage,  or  promise  thereof, 
for  his  vote  or  official  influence,  or  for  withholding  the  same,  or  with 
an  understanding  expressed  or  implied,  that  his  vote  or  official  action 
shall  be  in  any  way  influenced  thereby,  or  w^ho  shall  solicit  or  de- 
mand any  such  money  or  other  advantage,  matter  or  thing  aforesaid 
for  another,  as  the  consideration  of  his  vote  or  official  influence,  or  for 
withholding  the  same,  or  shall  give  or  withhold  his  vote  or  influence 
in  consideration  of  the  payment  or  promise  of  such  money,  advan- 
tage, matter  or  thing,  to  another,  shall  be  held  guilty  of  bribery 
within  the  meaning  of  this  Constitution,  and  shall  incur  the  dis- 
abilities provided  thereby  for  said  offense,  and  such  additional  pun- 
ishment as  is  or  shall  be  provided  by  law. 

Sec.  30.  Any  person  who  shall,  directly  or  indirectly,  offer,  give 
or  promise,  any  money,  or  thing  of  value,  testimonial,  privilege,  or 
personal  advantage,  to  any  executive  or  judicial  officer,  or  member  of 
the  General  Assembly,  to  influence  him  in  the  performance  of  any  of 
his  public  or  official  duties,  shall  be  guilty  of  bribery,  and  be  punished 
in  such  manner  as  shall  be  provided  by  law. 

Sec.  31.  The  offense  of  corrupt  solicitation  of  members  of  the 
General  Assembly  or  of  public  officers  of  the  State  or  of  any  munici- 
pal division  thereof,  and  any  occupation  or  practice  of  solicitation 
of  such  members  or  officers  to  influence  their  official  action,  shall  be 
defined  by  law,  and  shall  be  punished  by  fine  and  imprisonment. 

Sec.  32.  Any  person  may  be  compelled  to  testify  in  any  lawful 
investigation  or  judicial  proceeding  against  any  person  who  may  be 
charged  with  having  committed  the  offense  of  bribery  or  corrupt 
solicitation,  or  practices  of  solicitation,  and  shall  not  be  permitted  to 
withhold  his  testimony  upon  the  ground  that  it  may  criminate  him- 
self or  subject  him  to  public  infamy;  but  such  testimony  shall  not 
afterwards  be  used  against  him  in  any  judicial  proceeding,  except 


3130  Pennsylvania— 1873 

for  perjury  in  giving  such  testimony,  and  any  person  convicted  of 
either  of  the  offense  aforesaid  shall,  as  part  of  the  punishment 
therefor,  be  disqualified  from  holding  any  office  or  position  of 
honor,  trust  or  profit  in  this  Commonwealth. 

Sec.  33.  A  member  who  has  a  personal  or  private  interest  in  any 
measure  or  bill  proposed  or  pending  before  the  General  Assembly 
shall  disclose  the  fact  to  the  House  of  which  he  is  a  member,  and 
shall  not  vote  thereon. 

Article  IV 

THE   EXECUTIVE 

Section  1.  The  Executive  Department  of  this  Commonwealth  shall 
consist  of  a  Governor,  Lieutenant  Governor,  Secretary  of  the  Com- 
monwealth, Attorney  General,  Auditor  General,  State  Treasurer, 
Secretary  of  Internal  Affairs  and  a  Superintendent  of  Public  In- 
struction. 

Sec.  2.  The  supreme  executive  power  shall  be  vested  in  the  Gov- 
ernor, who  shall  take  care  that  the  laws  be  faithfully  executed;  he 
shall  be.  chosen  on  the  day  of  the  general  election,  by  the  qualified 
electors  of  the  Commonwealth,  at  the  places  where  they  shall  vote 
for  Representatives.  The  returns  of  every  election  for  Governor 
shall  be  sealed  up  and  transmitted  to  the  seat  of  government,  directed 
to  the  President  of  the  Senate,  who  shall  open  and  publish  them  in  the 
presence  of  the  members  of  both  Houses  of  the  General  Assembly. 
The  person  having  the  highest  number  of  votes  shall  be  Governor, 
but  if  two  or  more  be  equal  and  highest  in  votes,  one  of  them  shall  be 
chosen  Governor  by  the  joint  vote  of  the  members  of  both  Houses. 
Contested  elections  shall  be  determined  by  a  committee,  to  be  selected 
from  both  Houses  of  the  General  Assembly,  and  formed  and  regu- 
lated in  such  manner  as  shall  be  directed  by  law. 

Sec.  3.  The  Governor  shall  hold  his  office  during  four  years  from 
the  third  Tuesday  of  January  "next  ensuing  his  election,  and  shall  not 
be  eligible  to  the  office  for  the  next  succeeding  term. 

Sec.  4.  A  Lieutenant  Governor  shall  be  chosen  at  the  same  time,  in 
the  same  manner,  for  the  same  term,  and  subject  to  the  same  provi- 
sions as  the  Governor ;  he  shall  be  President  of  the  Senate,  but  shall 
have  no  vote  unless  they  be  equally  divided. 

Sec.  5.  No  person  shall  be  eligible  to  the  office  of  Governor  or 
Lieutenant  Governor  except  a  citizen  of  the  United  States,  who  shall 
have  attained  the  age  of  thirty  years,  and  have  been  seven  years  next 
preceding  his  election  an  inhabitant  of  the  State,  unless  he  shall  have 
been  absent  on  the  public  business  of  the  United  States  or  of  this 
State. 

Sec.  6.  No  member  of  Congress  or  person  holding  any  office  under 
the  United  States  or  this  State  shall  exercise  the  office  of  Governor  or 
Lieutenant  Governor. 

Sec.  7.  The  Governor  shall  be  commander-in-chief  of  the  army  and 
navy  of  the  Commonwealth,  and  of  the  militia,  except  when"  they 
shall  be  called  into  the  actual  service  of  the  United  States. 

Sec.  8.  He  shall  nominate  and,  by  and  with  the  advice  and  consent 
of  two-thirds  of  all  the  members  of  the  Senate,  appoint  a  Secretary 


Pennsylvania— 1873  3131 

of  the  Commonwealth  and  an  Attorney  General  during  pleasure,  a 
Superintendent  of  Public  Instruction  for  four  years,  and  such  other 
officers  of  the  Commonwealth  as  he  is  or  may  be  authorized  by  the 
Constitution  or  any  law  to  appoint;  he  shall  have  power  to  fill  all 
vacancies  that  may  happen,  in  offices  to  which  he  may  appoint,  during 
the  recess  of  the  Senate,  by  granting  commissions  which  shall  expire 
at  the  end  of  their  next  session ;  he  shall  have  power  to  fill  any  va- 
cancy that  may  happen,  during  the  recess  of  the  Senate,  in  the  office 
of  Auditor  General,  State  Treasurer,  Secretary  of  Internal  Affairs 
or  Superintendent  of  Public  Instruction,  in  a  judicial  office,  or  in  any 
other  elective  office  which  he  is  or  may  be  authorized  to  fill;  if  the 
vacancy  shall  happen  during  the  session  of  the  Senate,  the  Governor 
shall  nominate  to  the  Senate,  before  their  final  adjournment,  a  proper 
person  to  fill  said  vacancy;  but  in  any  such  case  of  vacancy,  in  an 
elective  office,  a  person  shall  be  chosen  to  said  office  at  the  next  general 
election,  unless  the  vacancy  shall  happen  within  three  calendar  months 
immediately  preceding  such  election,  in  which  case  the  election  for 
said  office  shall  be  held  at  the  second  succeeding  general  election.  In 
acting  on  Executive  nominations  the  Senate  shall  sit  with  open  doors, 
and,  in  confirming  or  rejecting  the  nominations  of  the  Governor,  the 
vote  shall  be  taken  by  yeas  and  nays,  and  shall  be  tendered  on  the 
journal. 

Sec.  9.  He  shall  have  power  to  remit  fines  and  forfeitures,  to  grant 
reprieves,  commutations  of  sentence  and  pardons,  except  in  cases  of 
impeachment;  but  no  pardon  shall  be  granted,  nor  sentence  com- 
muted, except  upon  the  recommendation  in  writing  of  the  Lieutenant 
Governor,  Secretary  of  the  Commonwealth,  Attorney  General  and 
Secretary  of  Internal  Affairs,  or  any  three  of  them,  after  full  hear- 
ing, upon  due  public  notice  and  in  open  sessions,  and  such  recom- 
mendation, with  the  reasons  therefor  at  length,  shall  be  recorded  and 
filed  in  the  office  of  the  Secretary  of  the  Commonwealth. 

Sec.  10.  He  may  require  information  in  writing  from  the  officers 
of  the  Executive  Department,  upon  any  subject  relating  to  the  duties 
of  their  respective  offices. 

Sec.  11.  He  shall,  from  time  to  time,  give  to  the  General  Assembly 
information  of  the  state  of  the  Commonwealth,  and  recommend  to 
their  consideration  such  measures  as  he  may  judge  expedient. 

Sec.  12.  He  may,  on  extraordinary  occasions,  convene  the  General 
Assembly,  and  in  case  of  disagreement  between  the  two  Plouses,  with 
respect  to  the  time  of  adjournment,  adjourn  them  to  such  time  as  he 
shall  think  proper,  not  exceeding  four  months.  He  shall  have  power 
to  convene  the  Senate  in  extraordinary  session  by  proclamation  for 
the  transaction  of  executive  business. 

Sec.  13.  In  case  of  the  death,  conviction  on  impeachment,  failure 
to  qualify,  resignation,  or  other  disability  of  the  Governor,  the  pow- 
ers, duties  and  emoluments  of  the  office,  for  the  remainder  oi  the 
term,  or  until  the  disability  be  removed,  shall  devolve  upon  the 
Lieutenant  Governor. 

Sec.  14.  In  case  of  a  vacancy  in  the  office  of  Lieutenant  Governor, 
or  when  the  Lieutenant  Governor  shall  be  impeached  by  the  House 
of  Representatives,  or  shall  be  unable  to  exercise  the  duties  of  his 
office,  the  powers,  duties  and  emoluments  thereof  for  the  remainder 


3132  Pennsylvania — 1873 

of  the  term,  or  until  the  disability  be  removed,  shall  devolve  upon 
the  President  pro  tempore  of  the  Senate ;  and  the  President  pro  tem- 
pore of  the  Senate  shall  in  like  manner  become  Governor  if  a  vacancy 
or  disability  shall  occur  in  the  office  of  Governor;  his  seat  as  Sena- 
tor shall  become  vacant  whenever  he  shall  become  Governor,  and 
shall  be  filled  by  election  as  any  other  vacancy  in  the  Senate. 

Sec.  15.  Every  bill  which  shall  have  passed  both  Houses  shall  be 
presented  to  the  Governor;  if  he  approve  he  shall  sign  it,  but  if  he 
shall  not  approve  he  shall  return  it  with  his  objections  to  the  House 
in  which  it  shall  have  originated,  which  House  shall  enter  the  objec- 
tions at  large  upon  their  journal,  and  proceed  to  re-consider  it.  If, 
after  such  re-consideration,  two-thirds  of  all  the  members  elected  to 
that  House  shall  agree  to  pass  the  bill,  it  shall  be  sent  with  the  objec- 
tions to  the  other  House  by  which  likewise  it  shall  be  re-considered, 
and  if  approved  by  two-thirds  of  all  the  members  elected  to  that 
House  it  shall  be  a  law ;  but  in  such  cases  the  votes  of  both  Houses 
shall  be  determined  by  yeas  and  nays,  and  the  names  of  the  members 
voting  for  and  against  the  bill  shall  be  entered  on  the  journals  of 
each  House  respectively.  If  any  bill  shall  not  be  returned  by  the 
Governor  within  ten  days  after  it  shall  have  been  presented  to  him, 
the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless 
the  General  Assembly,  by  their  adjournment,  prevent  its  return,  in 
which  case  it  shall  be  a  law,  unless  he  shall  file  the  same  with  his 
objections,  in  the  office  of  the  Secretary  of  the  Commonwealth,  and 
give  notice  thereof  by  public  proclamation  within  thirty  days  after 
such  adjournment. 

Sec.  16.  The  Governor  shall  have  power  to  disapprove  of  any  item 
or  items  of  any  bill,  making  appropriations  of  money,  embracing  dis- 
tinct items,  and  the  part  or  parts  of  the  bill  approved  shall  be  the 
law,  and  the  item  or  items  of  appropriation  disapproved  shall  be 
void,  unless  re-passed  according  to  the  rules  and  limitations  pre- 
scribed for  the  passage  of  other  bills  over  the  Executive  veto. 

Sec.  it.  The  Chief  Justice  of  the  Supreme  Court  shall  preside 
upon  trial  of  any  contested  election  of  Governor  or  Lieutenant  Gov- 
ernor and  shall  decide  questions  regarding  the  admissibility  of  evi- 
dence, and  shall,  upon  request  of  the  committee,  pronounce  his  opin- 
ion upon  other  questions  of  laAv  involved  in  the  trial.  The  Governor 
and  Lieutenant  Governor  shall  exercise  the  duties  of  their  respective 
offices  until  their  successors  shall  be  duly  qualified. 

Sec.  18.  The  Secretary  of  the  Commonwealth  shall  keep  a  record 
of  all  official  acts  and  proceedings  of  the  Governor,  and  when  re- 
quired lay  the  same,  with  all  papers,  minutes  and  vouchers  relating 
thereto,-  before  either  branch  of  the  General  Assembly,  and  perform 
such  other  duties  as  may  be  enjoined  upon  him  by  law. 

Sec.  19.  The  Secretary  of  Internal  Affairs  shall  exercise  all  the 
powers  and  perform  all  the  duties  of  the  Surveyor  General,  subject 
to  such  changes  as  shall  be  made  by  law.  His  department  shall  em- 
brace a  bureau  of  industrial  statistics,  and  he  shall  discharge  such 
duties  relating  to  corporations,  to  the  charitable  institutions,  the 
agricultural,  manufacturing,  mining,  mineral,  timber  and  other  ma- 
terial or  business  interests  of  the  State  as  may  be  prescribed  by,  law. 
He  shall  annually,  and  at  such  other  times  as  may  be  required  by 
law,  make  report  to  the  General  Assembly. 


Pennsylvania — 1873  3133 

Sec.  20.  The  Superintendent  of  Public  Instruction  shall  exercise 
all  the  powers  and  perform  all  the  duties  of  the  Superintendent  of 
Common  Schools,  subject  to  such  changes  as  shall  be' made  by  law. 

Sec.  21.  The  term  of  the  Secretary  of  Internal  Affairs  shall  be  four 
years;  of  the  Auditor  General  three  years;  and  of  the  State  Treas- 
urer two  years.  These  officers  shall  be  chosen  by  the  qualified  electors 
of  the  State  at  general  elections.  No  person  elected  to  the  office  of 
Auditor  General  or  State  Treasurer  shall  be  capable  of  holding  the 
same  office  for  two  consecutive  terms. 

Sec.  22.  The  present  Great  Seal  of  Pennsylvania  shall  be  the  seal 
of  the  State.  All  commissions  shall  be  in  the  name  and  by  authority 
of  the  Commonwealth  of  Pennsylvania,  and  be  sealed  with  the  State 
seal  and  signed  by  the  Governor. 

Article  V 

THE    JUDICIARY 

Section  1.  The  judicial  power  of  this  Commonwealth  shall  be 
vested  in  a  Supreme  Court,  in  courts  of  common  pleas,  courts  of 
oyer  and  terminer  and  general  jail  delivery,  courts  of  quarter  ses- 
sions of  the  peace,  orphans'  courts,  magistrates'  courts,  and  in  such 
other  courts  as  the  General  Assembly  may  from  time  to  time 
establish. 

Sec.  2.  The  Supreme  Court  shall  consist  of  seven  judges,  who  shall 
be  elected  by  the  qualified  electors  of  the  State  at  large.  They  shall 
hold  their  offices  for  the  term  of  twenty-one  years,  if  they  so  long 
behave  themselves  well,  but  shall  not  be  again  eligible.  The  judges 
whose  commission  shall  first  expire  shall  be  chief  justice,  and  there- 
after each  judge  whose  commission  shall  first  expire  shall  in  turn  be 
chief  justice. 

Sec.  3.  The  jurisdiction  of  the  Supreme  Court  shall  extend  over 
the  State,  and  the  judges  thereof  shall,  by  virtue  of  their  offices,  be 
justices  of  oyer  and  terminer  and  general  jail  delivery  in  the  several 
counties;  they  shall  have  original  jurisdiction  in  cases  of  injunction 
where  a  corporation  is  a  party  defendant,  of  habeas  corpus,  of  man- 
damus to  courts  of  inferior  jurisdiction,  and  of  quo  warranto  as  to 
all  officers  of  the  Commonwealth  whose  jurisdiction  extends  over  the 
State,  but  shall  not  exercise  any  other  original  jurisdiction;  they  shall 
have  appellate  jurisdiction  by  appeal,  certiorari  or  writ  of  error  in 
all  cases,  as  is  now  or  may  hereafter  be  provided  by  law. 

Sec.  4.  Until  otherwise  directed  by  law,  the  courts  of  common  pleas 
shall  continue  as  at  present  established,  except  as  herein  changed; 
not  more  than  four  counties  shall,  at  any  time,  be  included  in  one 
judicial  district  organized  for  said  courts. 

Sec.  5.  Whenever  a  county  shall  contain  forty  thousand  inhabitants 
it  shall  constitute  a  separate  judicial  district,  and  shall  elect  one  judge 
learned  in  the  law;  and  the  General  Assembly  shall  provide  for 
additional  judges,  as  the  business  of  the  said  districts  may  require. 
Counties  contaming  a  population  less  than  is  sufficient  to  constitute 
separate  districts  shall  be  formed  into  convenient  single  districts,  or 
if  necessary,  may  be  attached  to  contiguous  districts  as  the  General 
Assembly  may  provide.     The  office  of  associate  judge,  not  learned  in 


3134  Pennsylvania— 1873 

the  law,  is  abolished  in  counties  forming  separate  districts;  but  the 
several  associate  judges  in  office  when  this  Constitution  shall  be 
adopted  shall  serve  for  their  unexpired  terms. 

Sec.  6.  In  the  counties  of  Philadelphia  and  Allegheny  all  the  juris- 
diction and  powers  now  vested  in  the  district  courts  and  courts  of 
common  pleas,  subject  to  such  changes  as  may  be  made  by  this  Consti- 
tution or  by  law,  shall  be  in  Philadelphia  vested  in  four,  and  in  Alle- 
gheny in  two,  distinct  and  separate  courts  of  equal  and  co-ordinate 
jurisdiction,  composed  of  three  judges  each;  the  said  courts  in  Phila- 
delphia shall  be  designated  respectively  as  the  court  of  common  pleas 
number  one,  number  two,  number  three  and  number  four,  and  in 
Allegheny  as  the  court  of  common  pleas  number  one  and  number  two, 
but  the  number  of  said  courts  may  be  by  law  increased,  from  time  to 
time,  and  shall  be  in  like  manner  designated  by  successive  numbers; 
the  number  of  judges  in  any  of  said  courts,  or  in  any  county  where 
the  establishment  of  an  additional  court  may  be  authorized  by  law, 
may  be  increased  from  time  to  time,  and  whenever  such  increase  shall 
amount  in  the  whole  to  three,  such  three  judges  shall  compose  a  dis- 
tinct and  separate  court  as  aforesaid,  w^hich  shall  be  numbered  as 
aforesaid.  In  Philadelphia  all  suits  shall  be  instituted  in  the  said 
courts  of  common  pleas  without  designating  the  number  of  said 
court,  and  the  several  courts  shall  distribute  and  apportion  the  busi- 
ness among  them  in  such  manner  as  shall  be  provided  by  rules  of 
court,  and  each  court,  to  which  any  suit  shall  be  thus  assigned,  shall 
have  exclusive  jurisdiction  thereof,  subject  to  change  of  venue,  as 
shall  be  provided  by  law.  In  Allegheny  each  court  shall  have  ex- 
clusive jurisdiction  of  all  proceedings  at  law  and  in  equity,  com- 
menced therein,  subject  to  change  of  venue  as  may  be  provided  by 
law. 

Sec.  7.  For  Philadelphia  there  shall  be  one  prothonotary's  office, 
and  one  prothoriotary  for  all  said  courts  to  be  appointed  by  the  judges 
of  said  courts,  and  to  hold  office  for  three  years,  subject  to  removal 
by  a  majority  of  the  said  judges;  the  said  prothonotary  shall  appoint 
such  assistants  as  may  be  necessary  and  authorized  by  said  courts; 
and  he  and  his  assistants  shall  receive  fixed  salaries,  to  be  determined 
by  law  and  paid  by  said  county;  all  fees  collected  in  said  office, 
except  such  as  may  be  hj  law  due  to  the  Commonwealth,  shall  be 
paid  by  the  prothonotary  into  the  county  treasury.  Each  court  shall 
have  its  separate  dockets,  except  the  judgment  docket  which  shall 
contain  the  judgments  and  liens  of  all  the  said  courts,  as  is  or  may  be 
directed  by  law. 

Sec.  8.  The  said  courts  in  the  counties  of  Philadelphia  and  Alle- 
gheny, respectively,  shall,  from  time  to  time,  in  turn  detail  one  or 
more  of  their  judges  to  hold  the  courts  of  oyer  and  terminer  and  the 
courts  of  quarter  sessions  of  the  peace  of  said  counties,  in  such  manner 
as  may  be  directed  by  law. 

Sec.  9.  Judges  of  the  courts  of  common  pleas  learned  in  the  law 
shall  be  judges  of  the  courts  of  oyer  and  terminer,  quarter  sessions  of 
the  peace  and  general  jail  delivery,  and  of  the  orphans'  court,  and 
within  their  respective  districts  shall  be  justices  of  the  peace  as  to 
criminal  matters. 

Sec.  10.  The  judges  of  the  courts  of  common  pleas,  within  their 
respective  counties,  shall  have  power  to  issue  writs  of  certiorari 


Pennsylvania— 1873  3135 

to  justices  of  the  peace  and  other  inferior  courts  not  of  record,  and  to 
cause  their  proceedings  to  be  brought  before  them,  and  right  and 
justice  to  be  done. 

Sec.  11.  Except  as  otherwise  provided  in  this  Constitution,  justices 
of  the  peace  or  aldermen  shall  be  elected  in  the  several  wards,  dis- 
tricts, boroughs  and  townships  at  the  time  of  the  election  of  consta- 
bles by  the  qualified  electors  thereof,  in  such  manner  as  shall  be  di- 
rected by  law,  and  shall  be  commissioned  by  the  Governor  for  a  term 
of  five  years.  No  township,  ward,  district  or  borough  shall  elect 
more  than  two  justices  of  the  peace  or  aldermen  without  the  consent 
of  a  majority  of  the  qualified  electors  within  such  township,  ward 
or  borough;  no  person  shall  be  elected  to  such  office  unless  he  shall 
have  resided  within  the  township,  borough,  ward  or  district  for  one 
year  next  preceding  his  election.  In  cities  containing  over  fifty  thou- 
sand inhabitants,  not  more  than  one  alderman  shall  be  elected  in 
each  ward  or  district. 

Seg.  12.  In  Philadelphia  there  shall  be  established,  for  each  thirty 
thousand  inhabitants,  one  court,  not  of  record,  of  police  and  civil 
causes,  with  jurisdiction  not  exceeding  one  hundred  dollars;  such 
courts  shall  be  held  b}^  magistrates  whose  term  of  office  shall  be  five 
years,  and  they  shall  be  elected  on  general  ticket  by  the  qualified 
voters  at  large ;  and  in  the  election  of  the  said  magistrates  no  voter 
shall  vote  for  more  than  two-thirds  of  the  number  of  persons  to  be 
elected  when  more  than  one  are  to  be  chosen ;  they  shall  be  compen- 
sated only  by  fixed  salaries,  to  be  paid  by  said  county;  and  shall 
exercise  such  jurisdiction,  civil  and  criminal,  except  as  herein  pro- 
vided, as  is  now  exercised  by  aldermen,  subject  to  such  changes,  not 
involving  an  increase  of  civil  jurisdiction  or  conferring  political 
duties,  as  may  be  made  by  law.  In  Philadelphia  the  office  of  alder- 
man is  abolished. 

Sec.  13.  All  fees,  fines  and  penalties  in  said  courts  shall  be  paid 
into  the  county  treasury. 

Sec.  14.  In  all  cases  of  summary  conviction  in  this  Commonwealth, 
or  of  judgment  in  suit  for  a  penalty  before  a  magistrate,  or  court  not 
of  record,  either  party  may  appeal  to  such  court  of  record  as  may  be 
prescribed  by  law,  upon  allowance  of  the  appellate  court  or  judge 
thereof  upon  cause  shown. 

Sec.  15.  All  judges  required  to  be  learned  in  the  law,  except  the 
judges  of  the  Supreme  Court,  shall  be  elected  by  the  qualified  electors 
of  the  respective  districts  over  which  they  are  to  preside,  and  shall 
hold  their  offices  for  the  period  of  ten  years,  if  they  shall  so  long 
behave  themselves  well;  but  for  any  reasonable  cause,  which  shall 
not  be  sufficient  ground  for  impeachment,  the  Governor  may  remove 
any  of  them  on  the  address  of  two-thirds  of  each  House  of  the  Gen- 
eral Assembly. 

Sec.  16.  Whenever  two  judges  of  the  Supreme  Court  are  to  be 
chosen  for  the  same  term  of  service  each  voter  shall  vote  for  one 
only,  and  when  three  are  to  be  chosen  he  shall  vote  for  no  more  than 
two;  candidates  highest  in  vote  shall  be  declared  elected. 

Sec.  17.  Should  any  two  or  more  judges  of  the  Supreme  Court,  or 
any  two  or  more  judges  of  the  court  of  common  pleas  for  the  same 
district,  be  elected  at  the  same  time,  they  shall,  as  soon  after  the 
election  as  convenient,  cast  lots  for  priority  of  commission,  and  certify 


3 1 36  Pennsylvania— 1 873 

the  result  to  the  Governox',  who  shall  issue  their  commissions  in  ac- 
cordance therewith. 

Sec.  18.  The  judges  of  the  Supreme  Court  and  the  judges  of  the 
several  courts  of  common  pleas,  and  all  other  judges  required  to  be 
learned  in  the  law,  shall  at  stated  times  receive  for  their  services  an 
adequate  compensation,  which  shall  be  fixed  by  law,  and  paid  by  the 
State.  They  shall  receive  no  other  compensation,  fees  or  perquisites 
of  office  for  their  services  from  any  source,  nor  hold  any  other  office 
of  profit  under  the  United  States,  this  State  or  any  other  State. 

Sec.  19.  The  judges  of  the  Supreme  Court,  during  their  contin- 
uance in  office,  shall  reside  within  this  Commonwealth ;  and  the  other 
judges,  during  their  continuance  in  office,  shall  reside  within  the  dis- 
tricts for  which  they  shall  be  respectively  elected. 

Sec.  20.  The  several  courts  of  common  pleas,  besides  the  powers 
herein  conferred,  shall  have  and  exercise  within  their  respective  dis- 
tricts, subject  to  such  changes  as  may  be  made  by  law,  such  chan- 
cery powers  as  are  now  vested  by  law  in  the  several  courts  of  common 
pleas  of  this  Commonwealth,  or  as  may  hereafter  be  conferred  upon 
them  by  law. 

Sec.  21.  No  duties  shall  be  imposed  by  law  upon  the  Supreme  Court 
or  any  of  the  judges  thereof,  except  such  as  are  judicial,  nor  shall 
any  of  the  judges  thereof  exercise  any  power  of  appointment  except 
as  herein  provided.  The  court  of  nisi  prius  is  hereby  abolished, 
and  no  court  of  original  jurisdiction  to  be  presided  over  by  any  one 
or  more  of  the  judges  of  the  Supreme  Court  shall  be  established. 

Sec.  22.  In  every  county  wherein  the  population  shall  exceed  one 
hundred  and  fifty  thousand,  the  General  Assembly  shall,  and  in  any 
other  county  may,  establish  a  separate  orphans'  court,  to  consist  of 
one  or  more  judges  who  shall  be  learned  in  the  law,  which  court  shall 
exercise  all  the  jurisdiction  and  powers  now  vested  in  or  which  may 
hereafter  be  conferred  upon  the  orphans'  courts,  and  thereupon 
the  jurisdiction  of  the  judges  of  the  court  of  common  pleas  within 
such  county,  in  orphans'  court  proceedings,  shall  cease  and  determine. 
In  any  county  in  which  a  separate  orphans'  court  shall  be  established, 
the  register  of  wills  shall  be  clerk  of  such  court  and  subject  to  its 
directions,  in  all  matters  pertaining  to  his  office;  he  may  appoint 
assistant  clerks,  but  only  with  the  consent  and  approval  of  said 
court.  All  accounts  filed  with  him  as  register  or  as  clerk  of  the 
said  separate  orphans'  court  shall  be  audited  by  the  court  without 
expense  to  parties,  except  where  all  parties  in  interest  in  a  pending 
proceeding  shall  nominate  an  auditor  whom  the  court  may,  in  its 
discretion,  appoint.  In  every  county  orphans'  courts  shall  possess 
all  the  powers  and  jurisdiction  of  a  registers'  court,  and  separate 
registers'  courts  are  hereby  abolished. 

Sec.  23.  The  style  of  all  process  shall  be  "  The  Commonwealth  of 
Pennsylvania."  All  prosecutions  shall  be  carried  on  in  the  name 
and  by  the  authority  of  the  Commonwealth  of  Pennsylvania,  and 
conclude  "  against  the  peace  and  dignity  of  the  same." 

Sec.  24.  In  all  cases  of  felonious  homicide,  and  in  such  other  crim- 
inal cases  as  may  be  provided  for  by  law,  the  accused  after  conviction 
and  sentence,  may  remove  the  indictment,  record  and  all  proceedings 
to  the-  Supreme  Court  for  review. 


Pennsylvania— 1878  3137 

Sec.  25.  Any  vacancy  happening  by  death,  resignation  or  other- 
wise, in  any  court  of  record,  shall  be  filled  by  appointment  by  the 
Governor,  to  continue  till  the  first  Monday  of  January  next  succeed- 
ing the  first  general  election,  which  shall  occur  three  or  more  months 
after  the  happening  of  such  vacancy. 

Sec.  26.  All  laws  relating  to  courts  shall  be  general  and  of  uniform 
operation,  and  the  organization,  jurisdiction  and  powders  of  all  courts 
of  the  same  class  or  grade,  so  far  as  regulated  by  law,  and  the  force 
and  effect  of  the  process  and  judgments  of  such  courts,  shall  be  uni- 
form; and  the  General  Assembly  is  hereby  prohibited  from  creating 
other  courts  to  exercise  the  powers  vested  by  this  Constitution  in  the 
judges  of  the  courts  of  common  pleas  and  orphans'  courts. 

Sec.  27.  The  parties,  by  agreement  filed,  may  in  any  civil  case  dis- 
pense with  trial  by  jury,  and  submit  the  decision  of  such  case  to  the 
court  having  jurisdiction  thereof,  and  such  court  shall  hear  and  de- 
termine the  same;  and  the  judgment  thereon  shall  be  subject  to  writ 
of  error  as  in  other  cases. 

Article  VI 

IMPEACHMENT  AND  REMOVAL  FROM  OFFICE 

Section  1.  The  House  of  Representatives  shall  have  the  sgle  power 
of  impeachment. 

Sec.  2.  All  impeachments  shall  be  tried  by  the  Senate;  w^hen  sit- 
ting for  that  purpose  the  Senators  shall  be  upon  oath  or  affirmation ; 
no  person  shall  be  convicted  without  the  concurrence  of  two-thirds 
of  the  members  present. 

Sec.  3.  The  Governor  and  all  other  civil  officers  shall  be  liable  to 
impeachment  for  any  misdemeanor  in  office,  but  judgment  in  such 
cases  shall  not  extend  further  than  to  removal  from  office  and  dis- 
qualification to  hold  any  office  of  trust  or  profit  under  this  Common- 
wealth; the  person  accused,  whether  convicted  or  acquitted,  shall 
nevertheless  be  liable  to  indictment,  trial,  judgment  and  punishment 
according  to  law. 

Sec.  4.  All  officers  shall  hold  their  offices  on  the  condition  that  they 
behave  themselves  well  while  in  office,  and  shall  be  removed  on  con- 
viction of  misbehavior  in  office  or  of  any  infamous  crime.  Appointed 
officers,  other  than  judges  of  the  courts  of  record  and  the  Superin- 
tendent of  Public  Instruction,  may  be  removed  at  the  pleasure  of  the 
power  by  which  they  shall  have  been  appointed.  All  officers  elected 
by  the  people,  except  Governor,  Lieutenant  Governor,  members  of 
the  General  Assembly  and  judges  of  the  courts  of  record  learned  in 
the  law,  shall  be  removed  by  the  Governor  for  reasonable  cause,  after 
due  notice  and  full  hearing,  on  the  address  of  two-thirds  of  the 
Senate. 

Article  VII 

OATH  OF  office 

Section  1.  Senators  and  Representatives  and  all  judicial  State  and 
county  officers  shall,  before  entering  on  the  duties  of  their  respective 
offices,  take  and  subscribe  the  following  oath  or  affirmation :  "  I  do 


3138  Pennsylvania— 1873 

solemnly  swear  (or  affirm)  that  I  will  support,  ohej  and  defend  the 
Constitution  of  the  United  States,  and  the  Constitution  of  this  Com- 
monwealth, and  that  I  will  discharge  the  duties  of  my  office  with 
fidelity;  that  I  have  not  paid  or  contributed,  or  promised  to  pay  or 
contribute,  either  directly  or  indirectly,  any  money  or  other  valuable 
thing,  to  procure  my  nomination  or  election  (or  appointment),  ex- 
cept for  necessary  and  proper  expenses  expressly  authorized  by  law ; 
that  I  have  not  knowingly  violated  any  election  law  of  this  Common- 
wealth, or  procured  it  to  be  done  by  others  in  my  behalf ;  that  I  will 
not  knowingly  receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance  of  any  act 
or  duty  pertaining  to  my  office,  other  than  the  compensation  allowed 
by  law." 

The  foregoing  oath  shall  be  administered  by  some  person  author- 
ized to  administer  oaths,  and  in  the  case  of  State  officers  and  judges 
of  the  Supreme  Court,  shall  be  filed  in  the  office  of  the  Secretary  of 
the  Commonwealth,  and  in  the  case  of  other  judicial  and  county 
officers,  in  the  office  of  the  prothonotary  of  the  county  in  which  the 
same  is  taken;  any  person  refusing  to  take  said  oath  or  affirmation 
shall  forfeit  his  office;  and  any  person  who  shall  be  convicted  of  hav- 
ing sworn  or  affirmed  falsely,  or  of  having  violated  said  oath  or 
affirmation,  shall  be  guilty  of  perjury,  and  be  forever  disqaulified 
from  holding  any  office  of  trust  or  profit  within  this  Commonwealth, 
The  oath  to  the  members  of  the  Senate  and  House  of  Representa- 
tives shall  be  administered  by  one  of  the  judges  of  the  Supreme 
Court  or  of  a  court  of  common  pleas  learned  in  the  law,  in  the  hall 
of  the  House  to  which  the  members  shall  be  elected. 

Article  VIII 

SUFFRAGE    AN   ELECTIONS 

«  Section  1.  Every  male  citizen  of  twenty-one  years  of  age,  pos- 
sessing the  following  qualifications,  shall  be  entitled  to  vote  at  all 
elections,  subject  however  to  such  laws  requiring  and  regulating  the 
registration  of  electors  as  the  General  Assembly  may  enact: 

1.  He  shall  have  been  a  citizen  of  the  United  States  at  least  one 
month. 

2.  He  shall  have  resided  in  the  State  one  year  (or,  having  pre- 
viously been  a  qualified  elector  or  native  born  citizen  of  the  State, 
he  shall  have  removed  therefrom  and'  returned,  then  six  months,) 
immediately  preceding  the  election. 

3.  He  shall  have  resided  in  the  election  district  where  he  shall 
offer  to  vote  at  least  two  months  immediately  preceding  the  election. 

4.  If  twenty-two  years  of  age  and  upwards,  he  shall  have  paid 
within  two  years  a  State  or  county  tax,  which  shall  have  been 
assessed  at  least  two  months  and  paid  at  least  one  month  before  the 
election. 

Sec.  2.  The  general  election  shall  be  held  annually  on  the  Tues- 
day next  following  the  first  Monday  of  November,  but  the  General 
Assembly  may  by  law  fix  a  different  day,  two-thirds  of  all  the  mem- 
bers of  each  House  consenting  thereto. 

o  As  amended  November  5,  1901.     For  original  section  see  page  — . 


Pennsylvania— 1873  3139 

Sec.  3.  All  elections  for  city,  ward,  borough  and  township  officers, 
for  regular  terms  of  service,  shall  be  held  on  the  third  Tuesday  of 
February. 

"  Sec.  4.  All  elections  by  the  citizens  shall  be  by  ballot  or  by  such 
other  method  as  may  be  prescribed  by  law:  Provided,  That  secrecy 
in  voting  be  preserved. 

Sec.  5.  Electors  shall  in  all  cases  except  treason,  felony  and  breach 
of  surety  of  the  peace,  be  privileged  from  arrest  during  their  attend- 
ance on  elections,  and  in  going  to  and  returning  therefrom. 

Sec.  6.  Whenever  any  of  the  qualified  electors  of  this  Common- 
wealth shall  be  in  actual  military  service,  under  a  requisition  from 
the  President  of  the  United  States,  or  by  the  authority  of  this  Com- 
monwealth, such  electors  may  exercise  the  right  of  suffrage  in  all 
elections  by  the  citizens,  under  such  regulations  as  are  or  shall  be 
prescribed  by  law,  as  fully  as  if  they  were  present  at  their  usual 
places  of  election. 

«Sec.7.  All  laws  regulating  the  holding  of  elections  by  the  citi- 
zens or  for  the  registration  of  electors  shall  be  uniform  throughout 
the-  State,  but  laws  regulating  and  requiring  the  registration  of 
electors  may  be  enacted  to  apply  to  cities  only,  provided  that  such 
laws  be  uniform  for  cities  of  the  same  class. 

Sec.  8.  Any  person,  who  shall  give,  or  promise  or  offer  to  give,  to 
an  elector,  any  money,  reward  or  other  valuable  consideration  for 
his  vote  at  an  election,  or  for  withholding  the  same,  or  who  shall 
give  or  promise  to  give  such  consideration  to  any  other  person  or 
party  for  such  elector's  vote  or  for  the  withholding  thereof,  and  any 
elector  who  shall  receive  or  agree  to  receive,  for  himself  or  for 
another,  any  money,  reward  or  other  valuable  consideration  for  his 
vote  at  an  election,  or  for  withholding  the  same,  shall  thereby  forfeit 
the  right  to  vote  at  such  election,  and  any  elector  whose  right  to  vote 
shall  be  challenged  for  such  cause  before  the  election  officers,  shall 
be  required  to  swear  or  affirm  that  the  matter  of  the  challenge  is 
untrue  before  his  vote  shall  be  received. 

Sec.  9.  Any  person  who  shall,  while  a  candidate  for  office,  be 
guilty  of  bribery,  fraud,  or  wilful  violation  of  any  election  law,  shall 
be  forever  disqualified  from  holding  an  office  of  trust  or  profit  in  this 
Commonwealth :  and  any  person  convicted  of  wilful  violation  of  the 
election  laws  shall,  in  addition  to  any  penalties  provided  by  law,  be 
deprived  of  the  right  of  suffrage  absolutely  for  a  term  of  four  years. 

Sec.  10.  In  trials  of  contested  elections  and  in  proceedings  for  the 
investigation  of  elections,  no  person  shall  be  permitted  to  withhold 
his  testimony  upon  the  ground  that  it  may  criminate  himself  or 
subject  him  to  public  infamy ;  but  such  testimony  shall  not  afterwards 
be  used  against  him  in  any  judicial  proceeding  except  for  perjury  in 
giving  such  testimony. 

Sec.  11.  Townships  and  wards  of  cities  or  boroughs,  shall  form  or 
be  divided  into  election  districts  of  compact  and  contiguous  territory, 
in  such  manner  as  the  court  of  quarter  sessions  of  the  city  or  county 
in  which  the  same  are  located  may  direct;  but  districts  in  cities  of 
over  one  hundred  thousand  inhabitants  shall  be  divided  by  the  courts 
of  quarter  sessions,  having  jurisdiction  therein,  whenever  at  the  next 
preceding  election  more  than  two  hundred  and  fifty  votes  shall  have 

«  As  amended  November  5,  1901.     For  original  section  see  page  — . 
7254— VOL  5—09 39 


3140  Pennsylvania— 1878 

been  polled  therein;  and  other  election  districts  whenever  the  court 
of  the  proper  county  shall  be  of  opinion  that  the  convenience  of  the 
electors  and  the  public  interests  will  be  promoted  thereby. 

Sec.  12.  All  elections  by  person  in  a  representative  capacity  shall 
be  viva  voce. 

Sec.  13.  For  the  purpose  of  voting  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by  reason 
of  his  absence,  while  employed  in  the  service,  either  civil  or  military, 
of  this  State  or  of  the  United  States,  nor  while  engaged  in  the  navi- 
gation of  the  waters  of  the  State  or  of  the  United  States,  or  on  the 
high  seas,  nor  while  a  student  of  any  institution  of  learning,  nor 
while  kept  in  any  poor  house  or  other  asylum  at  public  expense,  nor 
while  confined  in  public  prison. 

Sec.  14.  District  election  boards  shall  consist  of  a  judge  and  two 
inspectors,  who  shall  be  chosen  annually  by  the  citizens.  Each  elector 
shall  have  the  right  to  vote  for  the  judge  and  one  inspector,  and  each 
inspector  shall  appoint  one  clerk.  The  first  election  board  for  any 
new  district  shall  be  selected,  and  vacancies  in  election  boards  filled, 
as  shall  be  provided  by  law.  Election  officers  shall  be  privileged  from 
arrest  upon  days  of  election,  and  while  engaged  in  making  up  and 
transmitting  returns,  except  upon  warrant  of  a  court  of  record  or 
judge  thereof,  for  an  election  fraud,  for  felony,  or  for  wanton  breach 
of  the  peace.  In  cities  they  may  claim  exemption  from  jury  duty 
during  their  terms  of  service. 

Sec.  15.  No  person  shall  be  qualified  to  serve  as  an  election  officer 
who  shall  hold,  or  shall  within  two  months  have  held  any  office, 
appointment  or  employment  in  or  under  the  government  of  the 
United  States,  or  of  this  State,  or  of  any  city,  or  county,  or  of  any 
municipal  board,  commission  or  trust  in  any  city,  save  only  justices 
of  the  peace  and  aldermen,  notaries  public  and  persons  in  the 
militia  service  of  the  State;  nor  shall  any  election  officer  be  eligible 
to  any  civil  office  to  be  filled  at  an  election  at  which  he  shall  serve, 
save  only  to  such  subordinate  municipal  or  local  offices,  below  the 
grade  of  city  or  county  offices,  as  shall  be  designated  by  general  law. 

Sec.  16.  The  courts  of  common  pleas  of  the  several  counties  of  the 
Commonwealth  shall  have  power,  within  their  respective  jurisdic- 
tions, to  appoint  overseers  of  election  to  supervise  the  proceedings 
of  election  officers  and  to  make  report  to  the  court  as  may  be  required ; 
such  appointments  to  be  made  for  any  district  in  a  city  or  county 
upon  petition  of  five  citizens,  lawful  voters  of  such  election  district, 
setting  forth  that  such  appointment  is  a  reasonable  precaution  to 
secure  the  purity  and  fairness  of  elections ;  overseers  shall  be  two  in 
number  for  an  election  district,  shall  be  residents  therein,  and  shall 
be  persons  qualified  to  serve  upon  election  boards,  and  in  each  case 
members  of  different  political  parties;  whenever  the  members  of  an 
election  board  shall  differ  in  opinion  the  overseers,  if  they  shall  be 
agreed  thereon,  shall  decide  the  question  of  difference ;  in  appointing 
overseers  of  election  all  the  law  judges  of  the  proper  court,  able  to 
act  at  the  time,  shall  concur  in  the  appointments  made. 

Sec.  it.  The  trial  and  determination  of  contested  elections  of  elec- 
tors of  President  and  Vice  President,  members  of  the  General  As- 
sembly, and  of  all  public  officers,  whether  State,  judicial,  municipal 


Pennsylvania— 1873  3141 

or  local,  shall  be  by  the  courts  of  law,  or  by  one  or  more  of  the  law 
judges  thereof;  the  General  Assembly  shall,  by  general  law,  desig- 
nate the  courts  and  judges  by  whom  the  several  classes  of  election 
contests  shall  be  tried,  and  regulate  the  manner  of  trial  and  all  mat- 
ters incident  thereto;  but  no  such  law  assigning  jurisdiction,  or 
regulating  its  exercise,  shall  apply  to  any  contest  arising  out  of  an 
election  held  before  Its  passage. 

Article  IX 

TAXATION    AND   FINANCE 

Section  1.  All  taxes  shall  be  uniform,  upon  the  same  class  of  sub- 
jects, within  the  territorial  limits  of  the  authority  levying  the  tax,  and 
shall  be  levied  and  collected  under  general  law^s;  but  the  General 
Assembly  may,  by  general  laws,  exempt  from  taxation  public  prop- 
erty used  for  public  purposes,  actual  places  of  religious  worship, 
places  of  burial  not  used  or  held  for  private  or  corporate  profit,  and 
institutions  of  purely  public  charity. 

Sec.  2.  All  laws  exempting  property  from  taxation,  other  than  the 
property  above  enumerated,  shall  be  void. 

Sec.  3.  The  power  to  tax  corporations  and  corporate  property  shall 
not  be  surrendered  or  suspended  by  any  contract  or  grant  to  which 
the  State  shall  be  a  party. 

Sec.  4.  No  debt  shall  be  created  by  or  on  behalf  of  the  State,'  except 
to  supply  casual  deficiencies  of  revenue,  repel  invasions,  suppress 
insurrection,  defend  the  State  in  war,  or  to  pay  existing  debt;  and 
the  debt  created  to  supply  deficiencies  in  revenue  shall  never  exceed, 
in  the  aggregate  at  any  one  time,  one  million  of  dollars. 

Sec.  5.  All  law^s  authorizing  the  borrowing  of  money  by  and  on 
behalf  of  the  State,  shall  specify  the  purpose  for  which  the  money 
is  to  be  used,  and  the  money  so  borrowed  shall  be  used  for  the  purpose 
specified  and  no  other. 

Sec.  G.  The  credit  of  the  Commonwealth  shall  not  be  pledged  or 
loaned  to  any  individual,  company,  corporation  or  association,  nor 
shall  the  Commonwealth  become  a  joint  owner  or  stockholder  in  any 
company,  association  or  corporation. 

Sec.  7.  The  General  Assembly  shall  not  authorize  any  county,  city, 
borough,  township  or  incorporated  district  to  become  a  stockholder 
in  any  company,  association  or  corporation,  or  to  obtain  or  appro- 
priate money  for,  or  to  loan  its  credit  to,  any  corporation,  association, 
institution  or  individual. 

Sec.  8.  The  debt  of  any  county,  city,  borough,  township,  school 
district  or  other  municipality  or  incorporated  district,  except  as 
herein  provided,  shall  never  exceed  seven  per  centum  upon  the  as- 
sessed value  of  the  taxable  property  therein,  nor  shall  any  such 
municipality  or  district  incur  any  new  debt,  or  increase  its  indebted- 
ness to  an  amount  exceeding  two  per  centum  upon  such  assessed  valu- 
ation of  property,  without  the  assent  of  the  electors  thereof  at  a 
public  election  in  such  manner  as  shall  be  provided  by  law ;  but  any 
city,  the  debt  of  which  now  exceeds  seven  per  centum  of  such  assessed 


3142  Pennsylvania— 1873 

valuation,  may  be  authorized  by  law  to  increase  the  same  three  per 
centum,  in  the  aggregate  at  any  one  time,  upon  such  valuation. 

Sec.  9.  The  Commonwealth  shall  not  assume  the  debt,  or  any  part 
thereof,  of  any  city,  county,  borough  or  township,  unless  such  debt 
shall  have  been  contracted  to  enable  the  State  to  repel  invasion,  sup- 
press domestic  insurrection,  defend  itself  in  time  of  Avar,  or  to  assist 
the  State  in  the  discharge  of  any  portion  of  its  present  indebtedness. 

Sec.  10.  Any  county,  township,  school  district  or  other  municipal- 
ity incurring  any  indebtedness  shall,  at  or  before  the  time  of  so  doing, 
provide  for  the  collection  of  an  annual  tax  sufficient  to  pay  the  inter- 
est and  also  the  principal  thereof  within  thirty  years. 

Sec.  11.  To  provide  for  the  payment  of  the  present  State  debt, 
and  any  additional  debt  contracted  as  aforesaid,  the  General  Assem- 
bly shall  continue  and  maintain  the  sinking  fund,  sufficient  to  pay 
the  accruing  interest  on  such  debt,  and  annually  to  reduce  the  princi- 
pal thereof  by  a  sum  not  less  than  two  hundred  and  fifty  thousand 
dollars ;  the  said  sinking  fund  shall  -consist  of  the  proceeds  of  the 
sales  of  the  public  works  or  any  part  thereof,  and  of  the  income  or 
proceeds  of  the  sale  of  any  stocks  owned  by  the  Commonwealth,  to- 
gether with  other  funds  and  resources  that  may  be  designated  by 
law,  and  shall  be  increased  from  time  to  time  by  assigning  to  it  any 
part  of  the  taxes  or  other  revenues  of  the  State  not  required  for  the 
ordinary  and  current  expenses  of  government;  and  unless  in  case  of 
war,  invasion  or  insurrection,  no  part  of  the  said  sinking  fund  shall 
be  used  or  applied  otherwise  than  m  the  extinguishment  of  the  public 
debt. 

Sec.  12.  The  monej^^s  of  the  State,  over  and  above  the  necessary 
reserve,  shall  be  used  in  the  payment  of  the  debt  of  the  State,  either 
directly  or  through  the  sinking  fund,  and  the  moneys  of  the  sinking 
fund  shall  never  be  invested  in  or  loaned  upon  the  security  of  any- 
thing, except  the  bonds  of  the  United  States  or  of  this  State. 

Sec.  13.  The  moneys  held  as  necessary  reserve  shall  be  limited  by 
law  to  the  amount  required  for  current  expenses,  and  shall  be  secured 
and  kept  as  may  be  provided  by  law.  Monthly  statements  shall  be 
published  showing  the  amount  of  such  moneys,  where  the  same  are 
deposited,  and  how  secured. 

Sec.  14.  The  making  profit  out  of  the  public  moneys  or  using  the 
same  for  any  purpose  not  authorized  b}''  law  by  any  officer  of  the 
State,  or  member  or  officer  of  the  General  Assembly,  shall  be  a  mis- 
demeanor and  shall  be  punished  as  may  be  provided  by  laAv,  but  part 
of  such  punishment  shall  be  disqualification  to  hold  office  for  a  period 
of  not  less  than  five  years. 

Article  X 
education 

Section  1.  The  General  Assembly  shall  provide  for  the  maintenance 
and  support  of  a  thorough  and  efficient  system  of  j^ublic  schools, 
wherein  all  the  children  of  this  Commonwealth  above  the  age  of  six 
years  may  be  educated,  and  shall  appropriate  at  least  one  million 
dollars  each  year  for  that  purpose. 

Sec  2.  No  money  raised  for  the  support  of  the  public  schools  of 
the  Commonwealth  shall  be  appropriated  to  or  used  for  the  support 
of  any  sectarian  school. 


Pennsylvania— 187S  3143 

Sec.  3.  Women  twenty-one  years  of  age  and  upwards,  shall  be 
eligible  to  any  office  of  control  or  management  under  the  school  laws 
of  this  State." 

Article  XI 

MILITIA 

Section  1.  The  freemen  of  this  Commonwealth  shall  be  armed, 
organized  and  disciplined  for  its  defense  when  and  in  such  manner 
as  may  be  directed  by  law.  The  General  Assembly  shall  provide  for 
maintaining  the  militia  by  appropriations  from  the  Treasury  of  the 
Commonwealth,  and  may  exempt  from  military  service  persons  hav- 
ing conscientious  scruples  against  bearing  arms. 

Article  XII 
public  officers 

Section  1.  All  officers  whose  selection  is  not  provided  for  in  this 
Constitution,  shall  be  elected  or  appointed  as  may  be  directed  by  law. 

Sec.  2.  No  member  of  Congress  from  this  State,  nor  any  person 
holding  or  exercising  any  office  or  appointment  of  trust  or  profit 
under  the  United  States,  shall  at  the  same  time  hold  or  exercise  any 
office  in  this  State  to  which  a  salary,  fees  or  perquisities  shall  be  at- 
tached. Th^  General  Assembly  may  by  law  declare  what  offices  are 
incompatible. 

Sec.  3.  Any  person  who  shall  fight  a  duel  or  send  a  challenge  for 
that  purpose,  or  be  aider  or  abettor  in  fighting  a  duel,  shall  be  de- 
prived of  the  right  of  holding  any  office  of  honor  or  profit  in  this 
State,  and  may  be  otherwise  punished  as  shall  be  prescribed  by  law. 

Article  XIII 
NEW  counties 

Section  1.  Xo  new  county  shall  be  established  which  shall  reduce 
any  county  to  less  than  four  hundred  square  miles,  or  to  less  than 
twenty  thousand  inhabitants;  nor  shall  any  county  be  formed  of  less 
area,  or  containing  a  less  population ;  nor  shall  any  line  thereof  pass 
within  ten  miles  of  the  county  seat  of  any  county  proposed  to  be 
divided. 

Article  XIV 

COUNTY   OFFICERS 

Section  1.  County  officers  shall  consist  of  sheriffs,  coroners,  pro- 
thonotaries,  registers  of  wills,  recorders  of  deeds,  commissioners, 
treasurers,  surveyors,  auditors  or  controllers,  clerks  of  the  courts,  dis- 
trict attorneys  and  such  others  as  may  from  time  to  time  be  estab- 
lished by  law;  and  no  sheriff  or  treasurer  shall  be  eligible  for  the 
term  next  succeeding  the  one  for  which  he  may  be  elected. 

Sec.  2.  County  officers  shall  be  elected  at  the  general  elections  and 
shall  hold  their  offices  for  the  term  of  three  years,  beginning  on  the 


3144  Pennsylvania — 1873 

first  Monday  of  January  next  after  their  election,  and  until  their  suc- 
cessors shall  be  duly  qualified;  all  vacancies  not  otherwise  provided 
for  shall  be  filled  in  such  manner  as  may  be  provided  by  law. 

Sec.  3.  No  person  shall  be  appointed  to  any  office  within  any 
county  who  shall  not  have  been  a  citizen  and  an  inhabitant  therein 
one  year  next  before  his  appointment,  if  the  county  shall  have  been 
so  long  erected,  but  if  it  shall  not  have  been  so  long  erected,  then 
within  the  limits  of  the  county  or  counties  out  of  which  it  shall  have 
been  taken. 

Sec.  4.  Prothonotaries,  clerks  of  the  courts,  recorders  of  deeds, 
registers  of  wills,  county  surveyors  and  sheriffs,  shall  keep  their 
offices  in  the  county  town  of  the  county  in  which  they  respectively 
shall  be  officers. 

Sec.  5.  The  compensation  of  county  officers  shall  be  regulated  by 
law,  and  all  county  officers  who  are  or  may  be  salaried  shall  pay  all 
fees  which  they  may  be  authorized  to  receive,  into  the  treasury  of  the 
county  or  State,  as  may  be  directed  by  law.  In  counties  containing 
over  one  hundred  and  fifty  thousand  inhabitants  all  county  officers 
shall  be  paid  by  salary,  and  the  salary  of  any  such  officer  and  his 
clerks,  heretofore  paid  by  fees,  shall  not  exceed  the  aggregate  amount 
of  fees  earned  during  his  term  and  collected  by  or  for  him. 

Sec.  6.  The  General  Assembly  shall  provide  by  law  for  the  strict 
accountability  of  all  county,  township  and  borough  officers,  as  well 
for  the  fees  which  may  be  collected  by  them  as  for  all  public  or 
municipal  moneys  which  may  be  paid  to  them. 

Sec.  7.  Three  county  commissioners  and  three  county  auditors  shall 
be  elected  in  each  county  where  such  officers  are  chosen,  in  the  year 
one  thousand  eight  hundred  and  seventy-five  and  every  third  year 
thereafter;  and  in  the  election  of  said  officers,  each  qualified  elector 
shall  vote  for  no  more  than  two  persons,  and  the  three  person  having 
the  highest  number  of  votes  shall  be  elected;  any  casual  vacancy  in 
the  office  of  county  commissioner  or  county  auditor  shall  be  filled 
by  the  court  of  common  pleas  of  the  county  in  which  such  vacancy 
shall  occur,  by  the  appointment  of  an  elector  of  the  proper  county 
who  shall  have  voted  for  the  commissioner  or  auditor  whose  place  is 
to  be  filled. 

Article  XV 

CITIES  AND  CITY  CHARTERS 

Section  1.  Cities  may  be  chartered  whenever  a  majority  of  the 
electors  of  any  town  or  borough  having  a  population  of  at  least  ten 
thousand  shall  vote  at  any  general  election  in  favor  of  the  same. 

Sec.  2.  No  debt  shall  be  contracted  or  liability  incurred  by  any 
municipal  commission,  except  in  pursuance  of  an  appropriation 
previously  made  therefor  by  the  municipal  government. 

Sec.  eS.  Every  city  shall  create  a  sinking  fund,  which  shall  be  in- 
violably pledged  for  the  payment  of  its  funded  debt. 

Article  XVI 

PRIVATE  CORPORATIONS 

Section  1.  All  existing  charters,  or  grants  of  special  or  exclusive 
privileges,  under  which  a  bona  fide  organization  shall  not  have  taken 


Pennsylvania — 1873  3145 

place  and  business  been  commenced  in  good  faith,  at  the  time  of  the 
adoption  of  this  Constitution  shall  thereafter  have  no  validity. 

Sec.  2.  The  General  Assembly  shall  not  remit  the  forfeiture  of  the 
charter  of  any  corporation  now  existing,  or  alter  or  amend  the  same, 
or  pass  any  other  general  or  special  law  for  the  benefit  of  such  cor- 
poration except  upon  the  condition  that  such  corporation  shall  there- 
after hold  its  charter  subject  to  the  provisions  of  this  Constitution. 

Sec.  3.  The  exercise  of  the  right  of  eminent  domain  shall  never 
be  abridged  or  so  construed  as  to  prevent  the  General  Assembly  from 
taking  the  property  and  franchises  of  incorporated  companies,  and 
subjecting  them  to  public  use,  the  same  as  the  property  of  individu- 
als; and  the  exercise  of  the  police  power  of  the  State  shall  never  be 
abridged  or  so  construed  as  to  permit  corporations  to  conduct  their 
business  in  such  manner  as  to  infringe  the  equal  rights  of  individuals 
or  the  general  well  being  of  the  State. 

Sec.  4.  In  all  elections  for  directors  or  managers  of  a  corporation 
each  member  or  shareholder  may  cast  the  whole  number  of  his  votes 
for  one  candidate,  or  distribute  them  upon  two  or  more  candidates, 
as  he  may  prefer. 

Sec.  5.  No  foreign  corporation  shall  do  any  business  in  this  State 
without  having  one  or  more  known  places  of  business  and  an  author- 
ized agent  or  agents  in  the  same  upon  whom  process  may  be  served. 

Sec.  6.  No  corporation  shall  engage  in  any  business  other  than  that 
expressly  authorized  in  its  charter,  nor  shall  it  take  or  hold  any  real 
estate  except  such  as  may  be  necessary  and  proper  for  its  legitimate 
business. 

Sec.  7.  No  corporation  shall  issue  stocks  or  bonds  except  for  money, 
labor  done,  or  money  or  property  actually  received ;  and  all  fictitious 
increase  of  stock  or  indebtedness  shall  be  void.  The  stock  and  in- 
debtedness of  corporations  shall  not  be  increased  except  in  pursuance 
of  general  law,  nor  without  the  consent  of  the  persons  holding  the 
larger  amount  in  value  of  the  stock,  first  obtained  at  a  meeting  to  be 
held  after  sixty  days'  notice  given  in  pursuance  of  law. 

Sec.  8.  Municipal  and  other  corporations  and  individuals  invested 
with  the  privilege  of  taking  private  property  for  public  use  shall 
make  just  compensation  for  property  taken,  injured  or  destroyed 
by  the  construction  or  enlargement  of  their  works,  highways  or 
improvements,  which  compensation  shall  be  paid  or  secured  before 
such  taking,  injury  or  destruction.  The  General  Assembly  is  hereby 
prohibited  from  depriving  any  person  of  an  appeal  from  any  prelimi- 
nary assessment  of  damages  against  any  such  corporations  or  indi- 
viduals made  by  viewers  or  otherwise;  and  the  amount  of  such 
damages  in  all  cases  of  appeal  shall  on  the  demand  of  either  party  be 
determined  by  a  jury  according  to  the  course  of  the  common  law. 

Sec.  9.  Every  banking  law  shall  provide  for  the  registry  and 
countersigning,  by  an  officer  of  the  State,  of  all  notes  or  bills  designed 
for  circulation,  and  that  ample  security  to  the  full  amount  thereof 
shall  be  deposited  with  the  Auditor  General  for  the  redemption  of 
such  notes  or  bills. 

Sec.  10.  The  General  Assembly  shall  have  the  power  to  alter,  re- 
voke or  annul  any  charter  of  incorporation  now  existing  and  revok- 
able  at  the  adoption  of  this  Constitution,  or  any  that  may  hereafter 
be  created,  whenever  in  their  opinion  it  may  be  injurious  to  the  citi- 
zens of  this  Commonwealth,  in  such  manner,  however,  that  no  in  jus- 


3146  Pennsylvania— 1873 

lice  shall  be  done  to  the  corporators.  No  law  hereafter  enacted  shall 
create,  renew  or  extend  the  charter  of  more  than  one  corporation. 

Sec.  11.  No  corporate  .body  to  possess  banking  and  discounting 
privileges  shall  be  created  or  organized  in  pursuance  of  any  law 
without  three  months'  previous  public  notice,  at  the  place  of  the 
intended  location,  of  the  intention  to  apply  for  such  privileges,  in 
such  manner  as  shall  be  prescribed  by  law,  nor  shall  a  charter  for 
such  privilege  be  granted  for  a  longer  period  than  twenty  years. 

Sec.  12.  Any  association  or  corporation  organized  for  the  purpose, 
or  any  individual,  shall  have  the  right  to  construct  and  maintain  lines 
of  telegraph  within  this  State,  and  to  connect  the  same  with  other 
lines,  and  the  General  Assembly  shall,  by  general  law  of  uniform 
operation,  provide  reasonable  regulations  to  give  full  effect  to  this 
section.  No  telegraph  company  shall  consolidate  with,  or  hold  a 
controlling  interest  in  the  stock  or  bonds  of  any  other  telegraph  com- 
pany owning  a  competing  line,  or  acquire,  by  purchase  or  otherwise, 
any  other  competing  line  of  telegraph. 

Sec.  13.  The  term  "corporations,"  as  used  in  this  article,  shall  be 
construed  to  include  all  joint-stock  companies  or  associations  having 
any  of  the  powers  or  privileges  of  corporations  not  possessed  by  in- 
dividuals or  partnerships. 

Article  XVII 

RAILROADS    AND    CANALS 

Section  1.  All  railroads  and  canals  shall  be  public  highways,  and 
all  railroads  and  canal  companies  shall  be  common  carriers.  Any 
association  or  corporation  organized  for  the  purpose  shall  have  the 
right  to  construct  and  operate  a  railroad  between  any  points  within 
this  State,  and  to  connect  at  the  State  line  with  railroads  of  other 
States.  Every  railroad  company  shall  have  the  right  Avith  its  road 
to  intersect,  connect  with  or  cross  any  other  railroad;  and  shall 
receive  and  transport  each  other's  passengers,  tonnage  and  cars 
loaded  or  empty,  without  delay  or  discrimination. 

Sec.  2.  Every  railroad  and  canal  corporation,  organized  in  this 
State  shall  maintain  an  office  therein  where  transfers  of  its  stock  shall 
be  made,  and  where  its  books  shall  be  kept  for  inspection  by  any 
stockholder  or  creditor  of  such  corporation,  in  w^hich  shall  be  recorded 
the  amount  of  capital  stock  subscribed  or  paid  in,  and  by  whom,  the 
names  of  the  owners  of  its  stock  and  the  amounts  owned  by  them, 
respectively,  the  transfers  of  said  stock,  and  the  names  and  places  of 
residence  of  its  officers. 

Sec.  3.  All  individuals,  associations  and  corporations  shall  have  an 
equal  right  to  have  persons  and  property  transported  over  railroads 
and  canals,  and  no  undue  or  unreasonable  discrimination  shall  be 
made  in  charges,  for,  or  in  facilities  for,  transportation  of  freight 
or  passengers  within  the  State  or  coming  from  or  going  to  any  other 
State.  Persons  and  property  transported  over  any  rail  road  shall  be 
delivered  at  any  station  at  charges  not  exceeding  the  charges  for 
transportation  of  persons  and  property  of  the  same  class  in  the  same 
direction  to  any  more  distant  station;  but  excursion  and  commuta- 
tion tickets  may  be  issued  at  special  rates. 


Pennsylvania— 1873  3147 

Sec.  4.  No  railroad,  canal  or  other  corporation,  or  the  lessees,  pur- 
chasers or  managers  of  any  railroad  or  canal  corporation,  shall  con- 
solidate the  stock,  property  or  franchises  of  such  corporation  with,  or 
lease,  or  purchase  the  works  or  franchises  of,  or  in  any  way  control 
any  other  railroad  or  canal  corporation  owning  or  having  under  its 
control  a  parallel  or  competing  line ;  nor  shall  any  officer  of  such  rail- 
road or  canal  corj)oration  act  as  an  officer  of  any  other  railroad  or 
canal  corporation  owning  or  having  the  control  of  a  parallel  or  com- 
peting line ;  and  the  question  w^hether  railroads  or  canals  are  parallel 
or  competing  lines  shall,  when  demanded  by  the  party  complainant, 
be  decided  by  a  jury  as  in  other  civil  issues. 

Sec.  5.  Xo  incorporated  company  doing  the  business  of  a  common 
carrier  shall,  directly  or  indirectly,  prosecute  or  engage  in  mining  or 
manufacturing  articles  for  transportation  over  its  works;  nor  shall 
such  company,  directly  or  indirectly,  engage  in  any  other  business 
than  that  of  common  carriers,  or  hold  or  acquire  lands,  freehold  or 
leasehold,  directly  or  indirectly,  except  such  as  shall  be  necessary  for 
carrying  on  its  business;  but  any  mining  or  manufacturing  company 
may  carry  the  products  of  its  mines  and  manufactories  on  its  railroad 
or  canal  not  exceeding  fifty  miles  in  length. 

Sec.  6.  No  president,  director,  officer,  agent  or  employe  of  any  rail- 
road or  canal  company  shall  be  interested,  directly  or  indirectly,  in  the 
furnishing  of  material  or  supplies  to  such  company,  or  in  the  business 
of  transportation  as  a  common  carrier  of  freight  or  passengers  over 
the  works  owned,  leased,  controlled  or  worked  by  such  company. 

Sec.  7.  No  discrimination  in  charges  or  facilities  for  transportation 
shall  be  made  between  transportation  companies  and  individuals,  or 
in  favor  of  either,  by  abatement,  drawback  or  otherwise,  and  no  rail- 
road or  canal  company,  or  any  lessee,  manager  or  employe  thereof, 
shall  make  any  preferences  in  furnishing  cars  or  motive  power. 

Sec.  8.  No  railroad,  railway  or  other  transportation  company  shall 
grant  free  passes,  or  passes  at  a  discount,  to  any  person  except  officers 
or  employes  of  the  company. 

Sec.  9.  No  street  passenger  railway  shall  be  constructed  within  the 
limits  of  anj  city,  borough  or  township,  without  the  consent  of  its 
local  authorities. 

Sec.  10.  No  railroad,  canal  or  other  transportation  company,  in 
existence  at  the  time  of  the  adoption  of  this  article,  shall  have  the 
benefit  of  any  future  legislation  by  general  or  special  laws,  except  on 
condition  of  complete  acceptance  of  all  the  provisions  of  this  article. 

Sec.  11.  The  existing  powers  and  duties  of  the  Auditor  General  in 
regard  to  railroads,  canals  and  other  transportation  companies,  ex- 
cept as  to  their  accounts,  are  hereby  transferred  to  the  Secretary  of 
Internal  Affairs,  wdio  shall  have  a  general  supervision  over  them, 
subject  to  such  regulations  and  alterations  as  shall  be  provided  by 
law ;  and,  in  addition  to  the  annual  reports  now  required  to  be  made, 
said  Secretary  may  require  special  reports  at  any  time  upon  any  sub- 
ject relating  to  the  business  of  said  companies  from  any  officer  or 
officers  thereof. 

Sec.  12.  The  General  Assembly  shall  enforce  by  appropriate  legis- 
lation the  provisions  of  this  article. 


3148  Pennsylvania— 1873 

Article  XVIII 

FUTURE   AMENDMENTS 

Section  1.  Any  amendment  or  amendments  to  this  Constitution 
may  be  proposed  in  the  Senate  or  House  of  Representatives;  and,  if 
the  same  shall  be  agreed  to  by  a  majority  of  the  members  elected  to 
each  House,  such  proposed  amendment  or  amendments  shall  be  en- 
tered on  their  journals  Avith  the  yeas  and  nays  taken  thereon,  and 
the  Secretary  of  the  Commonwealth  shall  cause  the  same  to  be  pub- 
lished three  months  before  the  next  general  election,  in  at  least  two 
newspapers  in  every  county  in  which  such  newspapers  shall  be  pub- 
lished ;  and  if,  in  the  General  Assembly  next  afterwards  chosen,  such 
proposed  amendment  or  amendments  shall  be  agreed  to  by  a  majority 
of  the  members  elected  to  each  House,  the  Secretary  of  the  Common- 
wealth shall  cause  the  same  again  to  be  published  in  the  manner 
aforesaid;  and  such  proposed  amendment  or  amendments  shall  be 
submitted  to  the  qualified  electors  of  the  State  in  such  manner,  and 
at  such  time  at  least  three  months  after  being  so  agreed  to  by  two 
Houses,  as  the  General  Assembly  shall  prescribe;  and,  if  such  amend- 
ment or  amendments  shall  be  approved  by  a  majority  of  those  voting 
thereon,  such  amendment  or  amendments  shall  become  a  part  of  the 
Constitution;  but  no  amendment  or  amendments  shall  be  submitted 
oftener  than  once  in  five  years.  AVhen  two  or  more  amendments  shall 
be  submitted  they  shall  be  voted  upon  separately. 

Schedule 

That  no  inconvenience  may  arise  from  the  changes  in  the  Consti- 
tution of  the  Commonwealth,  and  in  order  to  carry  the  same  into 
complete  operation,  it  is  hereby  declared,  that : 

Section  1.  This  Constitution  shall  take  effect  on  the  first  day  of 
January,  in  the  year  one  thousand  eight  hundred  and  seventy-four, 
for  all  purposes  not  otherwise  provided  for  therein. 

Sec.  2.  All  laws  in  force  in  this  Commonwealth  at  the  time  of 
the  adoption  of  this  Constitution  not  inconsistent  therewith,  and  all 
rights,  actions,  prosecutions  and  contracts  shall  continue  as  if  this 
Constitution  had  not  been  adopted. 

Sec.  3.  At  the  general  election  in  the  years  one  thousand  eight 
hundred  and  seventy-four  and  one  thousand  eight  hundred  seventy- 
five.  Senators  shall  be  elected  in  all  districts  where  there  shall  be 
vacancies.  Those  elected  in  the  year  one  thousand  eight  himdred 
and  seventy-four  shall  serve  for  two  years,  and  those  elected  in  the 
year  one  thousand  eight  hundred  and  seventy-five  shall  serve  for  one 
year.  Senators  now  elected  and  those  whose  terms  are  unexpired 
shall  represent  the  district  in  which  they  reside  until  the  end  of  the 
terms  for  w^hich  they  were  elected. 

Sec.  4.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  seventy-six.  Senators  shall  be  elected  from  even  num- 
bered districts  to  serve  for  two  years,  and  from  odd  numbered  dis- 
tricts to  serve  for  four  years. 

Sec.  5.  The  first  election  of  Governor  under  this  Constitutioli  shall 
be  at  the  general  election  in  the  year  one  thousand  eight  hundred 
and  seventy-five,  when  a  Governor  shall  be  elected  for  three  years; 


Pennsylvania— 1873  3149 

and  the  term  of  the  Governor  elected  in  the  year  one  thousand 
eight  hundred  and  seventy-eight  and  of  those  thereafter  elected  shall 
be  for  four  years,  according  to  the  provisions  of  this  Constitution. 

Sec.  6.  At  the  general  election  in  the  year  one  thousand  eight 
hundred  and  seventy-four,  a  Lieutenant  Governor  shall  be  elected 
according  to  the  provisions  of  this  Constitution. 

Sec.  7.  The  Secretary  of  Internal  Affairs  shall  be  elected  at  the 
first  general  election  after  the  adoption  of  this  Constitution;  and 
when  the  said  officer  shall  be  duly  elected  and  qualified,  the  office  of 
Surveyor  General  shall  be  abolished.  The  Surveyor  General  in 
office  at  the  time  of  the  adoption  of  this  Constitution  shall  continue 
in  office  until  the  expiration  of  the  term  for  which  he  was  elected. 

Sec.  8.  When  the  Superintendent  of  Public  Instruction  shall  be 
duly  qualified  the  office  of  Superintendent  of  Common  Schools  shall 
cease. 

Sec.  9.  Nothing  contained  in  this  Constitution  shall  be  construed 
to  render  any  person  now  holding  any  State  office  for  a  first  official 
term  ineligible  for  re-election  at  the  end  of  such  term. 

Sec.  10.  The  judges  of  the  Supreme  Court  in  office  when  this  Con- 
stitution shall  take  effect  shall  continue  until  their  commissions  sever- 
ally expire.  Two  judges  in  addition  to  the  number  now  composing 
the  said  court  shall  be  elected  at  the  first  general  election  after  the 
adoption  of  this  Constitution. 

Sec.  11.  All  courts  of  record  and  all  existing  courts  which  are  not 
specified  in  this  Constitution  shall  continue  in  existence  until  the  first 
day  of  December,  in  the  year  one  thousand  eight  hundred  and  seventy- 
five,  without  abridgment  of  their  present  jurisdiction,  but  no  longer. 
The  court  of  first  criminal  jurisdiction  for  the  counties  of  Schuylkill, 
Lebanon  and  Dauphin  is  hereby  abolished,  and  all  causes  and  pro- 
ceedings pending  therein  in  the  county  of  Schuylkill  shall  be  tried 
and  disposed  of  in  the  courts  of  oyer  and  terminer  and  quarter  ses- 
sions 01  the  peace  of  said  county. 

Sec.  12.  The  register's  courts  now  in  existence  shall  be  abolished 
on  the  first  day  of  January  next,  succeeding  the  adoption  of  this 
Constitution. 

Sec.  13.  The  General  Assembly  shall,  at  the  next  session  after  the 
adoption  of  this  Constitution,  designate  the  several  judicial  districts 
as  required  b^  this  Constitution.  The  judges  in  commission  when 
such  designation  shall  be  made  shall  continue  during  their  unexpired 
terms  judges  of  the  new  districts  in  which  they  reside;  but,  when  there 
shall  be  two  judges  residing  in  the  same  district,  the  president  judge 
shall  elect  to  which  district  he  shall  be  assigned,  and  the  additional 
law  judge  shall  be  assigned  to  the  other  district. 

Sec  14.  The  General  Assembly  shall,  at  the  next  succeeding  session 
after  each  decennial  census  and  not  oftener,  designate  the  several 
judicial  districts  as  required  by  this  Constitution. 

Sec.  15.  Judges  learned  in  the  law  of  any  court  of  record  holding 
commissions  in  force  at  the  adoption  of  this  Constitution  shall  hold 
their  respective  offices  until  the  expiration  of  the  terms  for  which 
they  were  commissioned,  and  until  their  successors  shall  be  duly 
qualified.  The  Governor  shall  commission  the  president  judge  of  the 
court  of  first  criminal  jurisdiction  for  the  counties  of  Schuylkill, 
Lebanon  and  Dauphin  as  a  judge  of  the  court  of  common  pleas  of 
Schuylkill  county,  for  the  unexpired  term  of  his  office. 


3150  Pennsylvania — 1873 

Sec.  16.  After  the  expiration  of  the  term  of  any  president  judge  of 
any  court  of  common  pleas,  in  commission  at  the  adoption  of  this 
Constitution,  the  judge  of  such  court  learned  in  the  law  and  oldest 
in  commission  shall  be  the  president  judge  thereof;  and  when  two  or 
more  judges  are  elected  at  the  same  time  in  any  judicial  district  they 
shall  decide  by  lot  which  shall  be  president  judge;  but  when  a  presi- 
dent judge  of  a  court  shall  be  re-elected  he  shall  continue  to  be  presi- 
dent judge  of  that  court.  Associate  judges  not  learned  in  the  law, 
elected  after  the  adoption  of  this  Constitution,  shall  be  commissioned 
to  hold  their  offices  for  the  term  of  five  years  from  the  first  day  of 
January  next  after  their  election. 

Sec.  it.  The  General  Assembly,  at  the  first  session  a;fter  the  adop- 
tion of  this  Constitution,  shall  fix  and  determine  the  compensation 
of  the  judges  of  the  Supreme  Court  and  of  the  judges  of  the  several 
judicial  districts  of  the  Commonwealth;  and  the  provisions  of  the 
fifteenth  section  of  the  article  on  legislation  shall  not  be  deemed  in- 
consistent herewith.  Nothing  contained  in  this  Constitution  shall  be 
held  to  reduce  the  compensation  now  paid  to  any  law  judge  of  this 
Commonwealth  now  in  commission. 

Sec.  18.  The  courts  of  common  pleas  in  the  counties  of  Phila- 
delphia and  Allegheny  shall  be  composed  of  the  present  judges  of  the 
district  court  and  court  of  common  pleas  of  said  counties  until  their 
offices  shall  severally  end,  and  of  such  other  judges  as  may  from  time 
to  time  be  selected.  For  the  purpose  of  first  organization  in  Phila- 
delphia the  judges  of  the  court  number  one  shall  be  Judge  Allison, 
Pierce  and  Paxson ;  of  the  court  number  two,  Judges  Hare,  Mitchell 
and  one  other  judge  to  be  elected;  of  the  court  number  three.  Judges 
Ludlow,  Finletter  and  Lynd;  and  of  the  court  number  four.  Judges 
Thayer,  Briggs  and  one  other  judge  to  be  elected.  The  judge  first 
named  shall  be  the  president  judge  of  said  courts  respectively,  and 
thereafter  the  president  judge  shall  be  the  judge  oldest  in  commis- 
sion ;  but  any  president  judge  re-elected  in  the  same  court  or  district, 
shall  continue  to  be  president  judge  thereof.  The  additional  judges 
for  courts  numbers  two  and  four  shall  be  voted  for  and  elected  at  the 
first  general  election  after  the  adoption  of  this  Constitution,  in  the 
same  manner  as  the  two  additional  judges  of  the  Supreme  Court, 
and  they  shall  decide  by  lot  to  Avhich  court  they  shall  belong.  Their 
term  of  office  shall  commence  on  the  first  Monday  of  January,  in  the 
year  one  thousand  eight  hundred  and  seventy-five. 

Sec.  19.  In  the  county  of  Allegheny,  for  the  purpose  of  first  organi- 
zation under  this  Constitution,  the  judges  of  the  court  of  common 
pleas,  at  the  time  of  the  adoption  of  this  Constitution,  shall  be  the 
judges  of  the  court  number  one,  and  the  judges  of  the  district  court, 
at  the  same  date,  shall  be  the  judges  of  the  common  pleas  number  two. 
The  president  judges  of  the  common  pleas  and  district  court  shall  be 
president  judge  of  said  courts  numbers  one  and  two  respectively, 
until  their  offices  shall  end;  and  thereafter  the  judge  oldest  in  com- 
mission shall  be  president  judge;  but  any  president  judge  re-elected 
in  the  same  court  or  district,  shall  continue  to  be  president  judge 
thereof. 

Sec.  20.  The  organization  of  the  courts  of  common  pleas  under  this 
Constitution  for  the  counties  of  Philadelphia  and  Allegheny  shall 


Pennsylvania — 187S  3151 

take  effect  on  the  first  Monday  of  January,  one  thousand  eight  hun- 
dred and  seventy-five,  and  existing  courts  in  said  counties  shall  con- 
tinue with  their  present  powers  and  jurisdiction  until  that  date,  but 
no  new^  suits  shall  be  instituted  in  the  courts  of  nisi  prius  after  the 
adoption  of  this  Constitution. 

Sec.  21.  The  causes  and  proceedings  pending  in  the  court  of  nisi 
prius,  court  of  common  pleas,  and  district  court  in  Philadelphia  shall 
be  tried  and  disposed  of  in  the  court  of  common  pleas.  The  records 
and  dockets  of  said  courts  shall  be  transferred  to  the  prothonotary's 
office  of  said  county. 

Sec.  22.  The  causes  and  proceedings  pending  in  the  court  of  com- 
mon pleas  in  the  county  of  Allegheny  shall  be  tried  and  disposed  of  in 
the  court  number  one;  and  the  causes  and  proceedings  pending  in  the 
distrct  court  shall  be  tried  and  disposed  of  in  the  court  number  two. 

Sec.  28.  The  prothonotary  of  the  court  of  common  pleas  of  Phila- 
delphia shall  be  first  appointed  by  the  judges  of  said  court  on  the 
first  Monday  of  December  in  the  year  one  thousand  eight  hundred 
and  seventy-five,  and  the  present  prothonotary  of  the  district  court  in 
said  county  shall  be  the  prothonotary  of  the  said  court  of  common 
pleas  until  said  date  when  his  commission  shall  expire,  and  the  pres- 
ent clerk  of  the  court  of  oyer  and  terminer  and  quarter  sessions  of  the 
peace  in  Philadelphia  shall  be  the  clerk  of  such  court  until  the  expira- 
tion of  his  present  commission  on  the  first  Monday  of  December,  in 
the  year  one  thousand  eight  hundred  and  seventy-five. 

Sec.  24.  In  cities  containing  over  fifty  thousand  inhabitants  ex- 
cept Philadelphia,  all  aldermen  in  office  at  the  time  of  the  adoption  of 
this  Constitution  shall  continue  in  office  until  the  expiration  of  their 
commissions,  and  at  the  election  for  city  and  ward  officers  in  the  year 
one  thousand  eight  hundred  and  seventy-five  one  alderman  shall  be 
elected  in  each  ward  as  provided  in  this  Constitution. 

Sec.  25.  In  Philadelphia  magistrates  in  lieu  of  aldermen  shall  be 
chosen  as  required  in  this  Constitution,  at  the  election  in  said  city  for 
city  and  ward  officers  in  the  year  one  thousand  eight  hundred  and 
seventy-five;  their  term  of  office  shall  commence  on  the  first  Monday 
of  April  succeeding  their  election.  The  terms  of  office  of  aldermen 
in  said  city  holding  or  entitled  to  commissions  at  the  time  of  the  adop- 
tion of  this  Constitution  shall  not  be  affected  thereby. 

Sec.  26.  All  persons  in  office  in  this  Commonwealth  at  the  time  of 
the  adoption  of  this  Constitution,  and  at  the  first  election  under  it, 
shall  hold  their  respective  offices  until  the  term  for  which  they  have 
been  elected  or  appointed  shall  expire,  and  until  their  successors  shall 
be  duly  qualified,  unless  otherwise  provided  in  this  Constitution. 

Sec.  27.  The  seventh  article  of  this  Constitution  prescribing  an 
oath  of  office  shall  take  effect  on  and  after  the  first  day  of  January, 
one  thousand  eight  hundred  and  seventy-five. 

Sec.  28.  The  terms  of  office  of  county  commissioners  and  county 
auditors,  chosen  prior  to  the  year  one  thousand  eight  hundred  and 
seventy-five,  which  shall  not  have  expired  before  the  first  Monday  of 
January,  in  the  year  one  thousand  eight  hundred  and  seventy-six, 
shall  expire  on  that  day. 

Sec.  20.  All  State,  county,  city,  ward,  borough  and  township  offi- 
cers in  office  at  the  time  of  the  adoption  of  this  Constitution,  whose 


3152  Pennsylvania— 1873 

compensation  is  not  provided  for  by  salaries  alone,  shall  continue  to 
receive  the  compensation  allowed  them  by  law  until  the  expiration  of 
their  respective  terms  of  office. 

Sec.  30.  All  State  and  judicial  officers  heretofore  elected,  sworn,  or 
affirmed,  or  in  office  when  this  Constitution  shall  take  effect,  shall 
severally  within  one  month  after  such  adoption,  take  and  subscribe 
an  oath,  or  affirmation,  to  support  this  Constitution. 

Sec.  31.  The  General  Assembly  at  its  first  sesion,  or  as  soon  as  may 
be  after  the  adoption  of  this  Constitution,  shall  pass  such  laws  as  may 
be  necessary  to  carry  the  same  into  full  force  and  effect. 

Sec.  32.  The  ordinance  passed  by  this  Convention  entitled  "An 
ordinance  for  submitting  the  amended  Constitution  of  Pennsylvania 
to  a  vote  of  the  electors  thereof,"  shall  be  held  to  be  valid  for  all  the 
purposes  thereof. 

Sec.  33.  The  words  "county  commissioners,"  whenever  used  in  this 
Constitution  and  in  any  ordinance  accompanying  the  same,  shall  be 
held  to  include  the  commissioners  for  the  city  of  Philadelphia." 

Sections  1,  4  and  T  of  Article  VIII,  as  Originally  Adopted 

Section  1.  Every  male  citizen  twenty-one  years  of  age  possessing 
the  f olowing  qualifications,  shall  be  entitled  to  vote  at  all  elections : 

First.  He  shall  have  been  a  citizen  of  the  United  States  at  least  one 
month. 

Second.  He  shall  have  resided  in  the  State  one  year,  (or  if,  having 
previously  been  a  qualified  elector  or  native  born  citizen  of  the  State, 
he  shall  have  removed  therefrom  and  returned,  then  six  months),  im- 
mediately preceding  the  election. 

Third.  He  shall  have  resided  in  the  election  district  where  he  shall 
offer  to  vote  at  least  two  months  immediately  preceding  the  election. 

Fourth.  If  twenty-two  years  of  age  or  upwards,  he  shall  have  paid 
within  two  years  a  State  or  county  tax,  which  shall  have  been  assessed 
at  least  two  months  and  paid  at  least  one  month  before  the  election. 

Sec.  4.  All  elections  by  the  citizens  shall  be  by  ballot.  Every  bal- 
lot shall  be  numbered  in  the  order  in  which  it  shall  be  received,  and 
the  number  recorded  by  the  election  officers  on  the  list  of  voters,  op- 
posite the  name  of  the  elector  Avho  presents  the  ballot.  Any  elector 
may  write  his  name  upon  his  ticket  or  cause  the  same  to  be  written 
thereon  and  attested  by  a  citizen  of  the  district.  The  election  officers 
shall  be  sworn  or  affirmed  not  to  disclose  how  any  elector  shall  have 
voted  unless  required  to  do  so  as  witnesses  in  a  judicial  proceeding. 

Sec.  T.  All  laws  regulating  the  holding  of  elections  by  the  citizens, 
or  for  the  registration  of  electors,  shall  be  uniform  throughout  the 
State,  but  no  elector  shall  be  deprived  of  the  privilege  of  voting  by 
reason  of  his  name  not  being  registered. 


THE  PHILIPPINE  ISLANDS 


TREATY  WITH  SPAIN— 1898 

TREATY   OF   PEACE   BETWEEN   THE   UNITED    STATES   OF  AMERICA   AND   THE 

KINGDOM    OF   SPAIN 

Signed  at  Paris,  December  10,  1898.  Ratification  advised  by  the 
Senate,  February  6,  1899.  Ratified  by  the  President.  February  6, 
1899.  Ratified  by  Her  Majesty  the  Queen  Regent  of  Spain,  March 
19,  1899.  Ratifications  exchanged  at  Washington,  April  11,  1899. 
Proclaimed,  Washington,  April  11,  1899. 

The  United  States  of  America  and  Her  Majesty  the  Queen  Regent 
of  Spain,  in  the  Name  of  Her  August  Son  Don  Alfonso  XIII,  desir- 
ing to  end  the  state  of  war  now  existing  between  the  two  countries, 
have  for  that  purpose  appointed  as  Plenipotentiaries : 

The  President  of  the  United  States, 

William  R.  Day,  Cushman  K.  Davis,  William  P.  Frye,  George 
Gray,  and  Whitelaw  Reid,  citizens  of  the  United  States ; 

and  Her  Majesty  the  Queen  Regent  of  Spain, 

Don  Eugenio  Montero  Rios,  President  of  the  Senate, 

Don  Buenaventura  de  Abarzuza,  Senator  of  the  Kingdom  and 
ex-Minister  of  the  Crown, 

Don  Jose  de  Garnica,  Deputy  to  the  Cortes  and  Associate  Justice 
of  the  Supreme  Court; 

Don  Wenceslao  Ramirez  de  Villa-Urrutia,  Envoy  Extraordinary 
bud  Minister  Plenipotentiary  at  Brussels,  and 

Don  Rafael  Cerero,  General  of  Division ; 

Who,  having  assembled  in  Paris,  and  having  exchanged  their  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have,  after 
discussion  of  the  matters  before  them,  agreed  upon  the  following 
articles : 

Article  I 

Spain  relinq^uishes  all  claim  of  sovereignty  over  and  title  to  Cuba. , 
And  as  the  island  is,  upon  its  evacuation  by  Spain,  to  be  occupied 
by  the  United  States,  the  United  States  will,  so  long  as  such  occupa- 
tion shall  last,  assume  and  discharge  the  obligations  that  may  under 
international  law  result  from  the  fact  of  its  occupation,  for  the  pro- 
tection of  life  and  property. 

Article  II 

Spain  cedes  to  the  United  States  the  island  of  Porto  Rico  and 
other  islands  now  under  Spanish  sovereignty  in  the  West  Indies,  and 
the  island  of  Guam  in  the  Marianas  or  Ladrones. 

3153 


3154  The  Philippine  Islands— 1898 

Article  III 

Spain  cedes  to  the  United  States  the  archipelago  known  as  the 
Philippine  Islands,  and  comprehending  the  islands  lying  within  the 
following  line : 

A  line  running  from  west  to  east  along  or  near  the  twentieth  paral- 
lel of  north  latitude,  and  through  the  middle  of  the  navigable  channel 
of  Bachi,  from  the  one  hundred  and  eighteenth  (118th)  to  the  one 
hundred  and  twenty  seventh  (12Tth)  degree  meridian  of  longitude 
east  of  Greenwich,  thence  along  the  one  hundred  and  twenty  seventh 
(127th)  degree  meridian  of  longitude  east  of  GreenAvich  to  the  parallel 
of  four  degrees  and  forty  five  minutes  (4°  45')  north  latitude,  thence 
along  the  parallel  of  four  degrees  and  forty  five  minutes  (4°  45') 
north  latitude  to  its  intersection  with  the  meridian  of  longitude  one 
hundred  and  nineteen  degrees  and  thirty  five  minutes  (119°  35')  east 
of  Greenwich,  thence  along  the  meridian  of  longitude  one  hundred  and 
nineteen  degrees  and  thirty  five  minutes  (119°  35')  east  of  Greenwich  to 
the  parallel  of  latitude  seven  degrees  and  forty  minutes  (7°  40')  north, 
thence  along  the  parallel  of  latitude  seven  degrees  and  forty  minutes 
(7°  40')  north  to  its  intersection  with  the  one  hundred  and  six- 
teenth (116th)  degree  meridian  of  longitude  east  of  Greenwich, 
thence  by  a  direct  line  to  the  intersection  of  the  tenth  (10th)  degree 
parallel  of  north  latitude  with  the  one  hundred  and  eighteenth 
(118th)  degree  meridian  of  longitude  east  of  Greenwich,  and  thence 
along  the  one  hundred  and  eighteenth  (118th)  degree  meridian  of 
longitude  east  of  Greenwich  to  the  point  of  beginning. 

The  United  States  will  pay  to  Spain  the  sum  of  twenty  million 
dollars  ($20,000,000)  Avithin  three  months  after  the  exchange  of  the 
ratifications  of  the  present  treaty. 

Article  IV 

The  United  States  will,  for  the  term  of  ten  years  from  the  date  of 
the  exchange  of  the  ratifications  of  the  present  treaty,  admit  Spanish 
ships  and  merchandise  to  the  ports  of  the  Philippine  Islands  on  the 
same  terms  as  ships  and  merchandise  of  the  United  States. 

Article  V 

The  United  States  will,  upon  the  signature  of  the  present  treaty, 
send  back  to  Spain,  at  its  own  cost,  the  Spanish  soldiers  taken  as 
prisoners  of  war  on  the  capture  of  Manila  by  the  American  forces. 
The  arms  of  the  soldiers  in  question  shall  be  restored  to  them. 

Spain  will,  upon  the  exchange  of  the  ratifications  of  the  present 
treaty,  proceed  to  evacuate  the  Philippines,  as  well  as  the  island  of 
Guam,  on  terms  similar  to  those  agreed  upon  by  the  Commissioners 
appointed  to  arrange  for  the  evacuation  of  Porto  Rico  and  other 
islands  in  the  West  Indies,  under  the  Protocol  of  August  12,  1898, 
which  is  to  continue  in  force  till  its  provisions  are  completely 
executed. 

The  time  within  which  the  evacuation  of  the  Philippine  Islands 
and  Guam  shall  be  completed  shall  be  fixed  by  the  two  Governments. 
Stands  of  colors,  uncaptured  war  vessels,  small  arms,  guns  of  all 
calibres,  with  their  carriages  and  accessories,  powder,  ammunition, 


The  Philippine  Islands— 1898  3155 

livestock,  and  materials  and  supplies  of  all  kinds,  belonging  to  the 
land  and  naval  forces  of  Spain  in  the  Philippines  and  Guam,  remain 
the  property  of  Spain.  Pieces  of  heavy  ordnance,  exclusive  of  field 
artillery,  in  the  fortifications  and  coast  defences,  shall  remain  in  their 
emplacements  for  the  term  of  six  months,  to  be  reckoned  from  the 
exchange  of  ratifications  of  the  treaty;  and  the  United  States  may, 
in  the  mean  time,  purchase  such  material  from  Spain,  if  a  satisfactory 
agreement  between  the  two  Governments  on  the  subject  shall  be 
reached. 

Article  VI 

Spain  will,  upon  the  signature  of  the  present  treaty,  release  all 
prisoners  of  war,  and  all  persons  detained  or  imprisoned  for  political 
offences,  in  connection  with  the  insurrections  in  Cuba  and  the  Philip- 
pines and  the  war  with  the  United  States. 

Reciprocally,  the  United  States  will  release  all  persons  made  pris- 
oners of  war  by  the  American  forces,  and  will  undertake  to  obtain 
the  release  of  all  Spanish  prisoners  in  the  hands  of  the  insurgents  in 
Cuba  and  the  Philippines. 

The  Government  of  the  United  States  Avill  at  its  own  cost  return 
to  Spain  and  the  Government  of  Spain  will  at  its  own  cost  return  to 
the  United  States,  Cuba,  Porto-Rico,  and  the  Philippines,  according 
to  the  situation  of  their  respective  homes,  prisoners  released  or 
caused  to  be  released  by  them,  respectively,  under  this  article. 

Article  VII 

The  United  States  and  Spain  mutually  relinquish  all  claims  for 
indemnity,  national  and  individual  of  every  kind,  of  either  Govern- 
ment, or  of  its  citizens  or  subjects,  against  the  other  Government, 
that  may  have  arisen  since  the  beginning  of  the  late  insurrection  in 
Cuba  and  prior  to  the  exchange  of  ratifications  of  the  present  treaty, 
including  all  claims  for  indemnity  for  the  cost  of  the  war. 

The  United  States  Avill  adjudicate  and  settle  the  claims  of  its  citi- 
zens against  Spain  relinquished  in  this  article. 

Article  VIII 

In  conformity  with  the  provisions  of  Articles  I,  II,  and  III  of  this 
treaty,  Spain  relinquishes  in  Cuba,  and  cedes  in  Porto  Rico  and 
other  islands  in  the  West  Indies,  in  the  island  of  Guam,  and  in  the 
Philippine  Archipelago,  all  the  buildings,  wharves,  barracks,  forts, 
structures,  public  highways  and  other  immovable  property  which, 
in  conformity  with  law,  belong  to  the  public  domain,  and  as  such  be- 
long to  the  Crown  of  Spain. 

And  it  is  hereby  declared  that  the  relinquishment  or  cession,  as 
the  case  may  be,  to  which  the  preceding  paragraph  refers,  cannot 
in  any  respect  impair  the  property  or  rights  which  by  law  belong 
to  the  peaceful  possession  of  property  of  all  kinds,  of  provinces, 
municipalities,  public  or  private  establishments,  ecclesiastical  or  civic 
bodies,  or  any  other  associations  having  legal  capacity  to  acquire  and 
possess  property  in  the  aforesaid  territories  renounced  or  ceded,  or 
of  private  individuals,  of  whatsoever  nationality  such  individuals 
may  be. 

7254— VOL  5—09 40 


3156  The  Philippine  Islands— 1898 

The  aforesaid  relinquishment  or  cession,  as  the  case  may  be,  in- 
chides  all  documents  exclusively  referring  to  the  sovereignty  relin- 
quished or  ceded  that  may  exist  in  the  archives  of  the  Peninsula. 
Where  any  document  in  such  archives  only  in  part  relates  to  said 
sovereignty,  a  copy  of  such  part  will  be  furnished  whenever  it  shall 
be  requested.  Like  rules  shall  be  reciprocally  observed  in  favor  of 
Spain  in  respect  of  documents  in  the  archives  of  the  islands  above 
referred  to. 

In  the  aforesaid  relinquishment  or  cession,  as  the  case  may  be,  are 
also  included  such  rights  as  the  Crown  of  Spain  and  its  authorities 
possess  in  respect  of  the  official  archives  and  records,  executive  as  well 
as  judicial,  in  the  islands  above  referred  to,  which  relate  to  said 
islands  or  the  rights  and  property  of  their  inhabitants.  Such  archives 
and  records  shall  be  carefully  preserved,  and  private  persons  shall 
without  distinction  have  the  right  to  require,  in  accordance  with  law, 
authenticated  copies  of  the  contracts,  w^ills  and  other  instruments 
forming  part  of  notarial  protocols  or  files,  or  which  may  be  contained 
in  the  executive  or  judicial  archives,  be  the  latter  in  Spain  or  in  the 
islands  aforesaid. 

Article  IX 

Spanish  subjects,  natives  of  the  Peninsula,  residing  in  the  terri- 
tory over  wdiich  Spain  by  the  present  treaty  relinquishes  or  cedes  her 
sovereignty,  may  remain  in  such  territory  or  may  remove  therefrom, 
retaining  in  either  event  all  their  rights  of  property,  including  the 
right  to  sell  or  dispose  of  such  property  or  of  its  proceeds;  and  they 
shall  also  have  the  right  to  carry  on  their  industry,  commerce  and 
professions,  being  subject  in  respect  thereof  to  such  laws  as  are  appli- 
cable to  other  foreigners.  In  case  they  remain  in  the  territory  they 
may  preserve  their  allegiance  to  the  Crown  of  Spain  by  making, 
before  a  court  of  record,  Avithin  a  year  from  the  date  of  the  exchange 
of  ratifications  of  this  treaty,  a  declaration  of  their  decision  to  pre- 
serve such  allegiance;  in  default  of  which  declaration  they  shall  be 
held  to  have  renounced  it  and  to  have  adopted  the  nationality  of  the 
territory  in  which  they  may  reside. 

The  civil  rights  and  political  status  of  the  native  inhabitants  of 
the  territories  hereby  ceded  to  the  United  States  shall  be  determined 
by  the  Congress. 

Article  X 

The  inhabitants  of  the  territories  over  which  Spain  relinquishes 
or  cedes  her  sovereignty  shall  be  secured  in  the  free  exercise  of  their 
religion. 

Article  XI 

The  Spaniards  residing  in  the  territories  over  w^hich  Spain  by  this 
treaty  cedes  or  relinquishes  her  sovereignty  shall  be  subject  in  matters 
civil  as  well  as  criminal  to  the  jurisdiction  of  the  courts  of  the  country 
w^herein  they  reside,  pursuant  to  the  ordinary  law^s  governing  the 
same  ;^  and  they  shall  have  the  right  to  appear  before  such  courts,  and 
to  pursue  the  same  course  as  citizens  of  the  country  to  which  the 
courts  belong. 


The  Philippine  Islands— 1898  3157 

Article  XII 

Judicial  proceedings  pending  at  the  time  of  the  exchange  of  rati- 
fications of  this  treaty  in  the  territories  over  which  Spain  relin- 
quishes or  cedes  her  sovereignty  shall  be  determined  according  to 
the  following  rules: 

1.  Judgments  rendered  either  in  civil  suits  between  private  indi- 
viduals, or  in  criminal  matters,  before  the  date  mentioned,  and  with 
respect  to  which  there  is  no  recourse  or  right  of  review  under  the 
Spanish  law,  shall  be  deemed  to  be  final,  and  shall  be  executed  in 
due  form  by  competent  authority  in  the  territory  within  Avhich  such 
judgments  should  be  carried  out. 

2.  Civil  suits  between  private  individuals  which  may  on  the  date 
mentioned  be  inidetermined  shall  be  prosecuted  to  judgment  before 
the  court  in  which  they  may  then  be  pending  or  in  the  court  that 
may  be  substituted  therefor. 

3.  Criminal  actions  pending  on  the  date  mentioned  before  the 
Supreme  Court  of  Spain  against  citizens  of  the  territory  which  by 
this  treaty  ceases  to  be  Spanish  shall  continue  under  its  jurisdiction 
until  final  judgment;  but,  such  judgment  having  been  rendered,  the 
execution  thereof  shall  be  committed  to  the  competent  authority  of 
the  place  in  which  the  case  arose. 

Article  XIII 

The  rights  of  property  secured  by  copyrights  and  patents  acquired 
by  Spaniards  in  the  Island  of  Cuba,  and  in  Porto  Rico,  the  Philip- 
pines and  other  ceded  territories,  at  the  time  of  the  exchange  of  the 
ratifications  of  this  treaty,  shall  continue  to  be  respected.  Spanish 
scientific,  literary  and  artistic  works,  not  subversive  of  public  order 
in  the  territories  in  question,  shall  continue  to  be  admitted  free  of 
duty  into  such  territories,  for  the  period  of  ten  years,  to  be  reckoned 
from  the  date  of  the  exchange  of  the  ratifications  of  this  treaty. 

Article  XIV 

Spain  shall  have  the  power  to  establish  consular  officers  in  the 
ports  and  places  of  the  territories,  the  sovereignty  over  which  has 
been  either  relinquished  or  ceded  by  the  present  treaty. 

Article  XV 

The  Government  of  each  country  will,  for  the  term  of  ten  years, 
accord  to  the  merchant  vessels  of  the  other  country  the  same  treat- 
ment in  respect  of  all  port  charges,  including  entrance  and  clearance 
dues,  light  dues,  and  tonnage  duties,  as  it  accords  to  its  own  mer- 
chant vessels,  not  engaged  in  the  coastwise  trade. 

This  article  may  at  any  time  be  terminated  on  six  months'  notice 
given  by  either  Government  to  the  other. 

Article  XVI 

It  is  understood  that  any  obligations  assumed  in  this  treaty  by  the 
United  States  with  respect  to  Cuba  are  limited  to  the  time  of  its 


3158  The  Philippine  Islands— 1900 

occupancy  thereof;  but  it  will  upon  the  termination  of  such  occu- 
pancy, advise  any  Government  established  in  the  island  to  assume 
the  same  obligations. 

Article  XVII 

The  present  treaty  shall  be  ratified  by  the  President  of  the  United 
States,  by  and  with  the  advice  and  consent  of  the  Senate  thereof, 
and  by  Her  Majesty  the  Queen  Regent  of  Spain;  and  the  ratifica- 
tions shall  be  exchanged  at  Washington  within  six  months  from  the 
date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  and  have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Paris,  the  tenth  day  of  December,  in  the  year 
of  Our  Lord  one  thousand  eight  hundred  and  ninety-eight. 


seal]     Cushman  K.  Davis  [seal]     B.  de  Abarzuza 


seal]     William  R.  Day 


seal]     Wm  P  Frye 
seal]     Geo.  Gray 
seal]     Whitelaw"  Reid. 


seal]     Eugenio  Montero  Rios 


seal]       J.  DE  GaRNICA 

seal]     W  R  de  Villa  Urrutia 
seal]     Rafael  Cerero 


THE  PHILIPPINE  COMMISSION— 1900  « 


War  Department, 

Washingto7i^  April  7,  1900. 
Sir:  I  transmit  to  you  herewith  the  instructions  of  the  President 
for  the  guidance  of  yourself  and  your  associates  as  commissioners  to 
the  Philippine  Islands. 

Very  respectfully,.  Elihu  Root, 

Secretary  of  War. 
Hon.  William  H.  Taft, 

President  Board  of  Commissioners  to  the  Philippine  Islands. 

Executive  Mansion,  April  7,  1900. 

Sir:  In  the  message  transmitted  to  the  Congress  on  the  5th  of 
December,  1899,  I  said,  speaking  of  the  Philippine  Islands :  "As  long 
as  the  insurrection  continues  the  military  arm  must  necessarily  be 
supreme.  But  there  is  no  reason  why  steps  should  not  be  taken  from 
time  to  time  to  inaugurate  governments  essentially  popular  in  their 
form  as  fast  as  territory  is  held  and  controlled  by  our  troops.  To 
this  end  I  am  considering  the  advisability  of  the  return  of  the  com- 
mission, or  such  of  the  members  thereof  as  can  be  secured,  to  aid  the 
existing  authorities  and  facilitate  this  work  throughout  the  islands." 

To  give  effect  to  the  intention  thus  expressed.  I  have  appointed 
Hon.  William  H.  Taft,  of  Ohio,  Prof.  Dean  C.  Worcester,  of  Mich- 
igan, Hon.  Luke  E.  Wright,  of  Tennessee,  Hon.  Henry  C.  Ide,  of 
Vermont,  and  Prof.  Bernard  Moses,  of  California,  commissioners,  to 

«  See  House  Documents,  Vol,  II  (No.  2),  Fifty-seventh  Congress,  first  session, 
p.  11. 


The  Philippine  Islands— 1900  3159 

the  Philippine  Islands,  to  continue  and  jDerfect  the  work  of  organiz- 
ing and  establishing  civil  government  already  commenced  by  the 
military  authorities,  subject  in  all  respects  to  any  laws  which  Con- 
gress may  hereafter  enact. 

The  commissioners  named  will  meet  and  act  as  a  board,  and  the 
Hon.  William  H.  Taft  is  designated  as  president  of  the  board.  It  is 
probable  that  the  transfer  of  authority  from  military  commanders  to 
civil  officers  will  be  gradual  and  will  occupy  a  considerable  period. 
Its  successful  accomplishment  and  the  maintenance  of  peace  and  order 
in  the  meantime  will  require  the  most  perfect  cooperation  between 
the  civil  and  military  authorities  in  the  islands,  and  both  should  be 
directed  during  the  transition  period  by  the  same  executive  depart- 
ment. The  commission  will  therefore  report  to  the  Secretary  of  War, 
and  all  their  actions  will  be  subject  to  your  approval  and  control. 

You  will  instruct  the  commission  to  proceed  to  the  city  of  Manila, 
where  they  will  make  their  principal  office,  and  to  communicate  with 
the  military  governor  of  the  Philippine  Islands,  whom  you  will  at 
the  same  time  direct  to  render  to  them  every  assistance  within  his 
power  in  the  performance  of  their  duties.  Without  hampering  them 
by  too  specific  instructions,  they  should  in  general  be  enjoined,  after 
making  themselves  familiar  with  the  conditions  and  needs  of  the 
country,  to  devote  their  attention  in  the  first  instance  to  the  establish- 
ment of  municipal  governments  in  w^hich  the  natives  of  the  islands, 
both  in  the  cities  and  in  the  rural  communities,  shall  be  afforded  the 
opportunity  to  manage  their  own  local  affairs  to  the  fullest  extent  of 
w^hich  they  are  capable,  and  subject  to  the  least  degree  of  supervision 
and  control  which  a  careful  study  of  their  capacities  and  observa- 
tion of  the  workings  of  native  control  show  to  be  consistent  with  the 
maintenance  of  law,  order,  and  loyalty.  The  next  subject  in  order 
of  importance  should  be  the  organization  of  government  in  the  larger 
administrative  divisions,  corresponding  to  counties,  departments,  or 
l^rovinces,  in  which  the  common  interests  of  many  or  several  munici- 
palities falling  within  the  same  tribal  lines,  or  the  same  natural  geo- 
graphical limits,  may  best  be  subserved  by  a  common  administration. 
Whenever  the  commission  is  of  the  opinion  that  the  condition  of 
affairs  in  the  islands  is  such  that  the  central  administration  may 
safely  be  transferred  from  military  to  civil  control,  they  will  report 
that  conclusion  to  j^ou,  with  their  recommendations  as  to  the  form  of 
central  government  to  be  established  for  the  purpose  of  taking  over 
the  control. 

Beginning  w^ith  the  1st  day  of  September,  1900,  the  authority  to 
exercise,  subject  to  my  approval,  through  the  Secretary  of  War,  that 
part  of  the  power  of  government  in  the  Philippine  Islands  which  is 
of  a  legislative  nature  is  to  be  transferred  from  the  military  governor 
of  the  islands  to  this  commission,  to  be  thereafter  exercised  by  them 
in  the  place  and  stead  of  the  military  governor,  under  such  rules  and 
regulations  as  you  shall  prescribe,  until  the  establishment  of  the  civil 
central  government  for  the  islands  contemplated  in  the  last  foregoing 
paragraph,  or  until  Congress  shall  otherwise  provide.  Exercise  of 
this  legislative  authority  will  include  the  making  of  rules  and  orders, 
having  the  effect  of  law,  for  the  raising  of  revenue  by  taxes,  customs 
duties,  and  imposts;  the  appropriation  and  expenditure  of  public 
funds  of  the  islands;  the  establishment  of  an  educational  system 


3160  The  Philippine  Islands— ISOO 

throughout  the  islands;  the  establishment  of  a  system  to  secure  an 
efficient  civil  service;  the  organization  and  establishment  of  courts; 
the  organization  and  establishment  of  municipal  and  departmental 
governments,  and  all  other  matters  of  a  civil  nature  for  which  the 
military  governor  is  now  competent  to  provide  by  rules  or  orders 
of  a  legislative  character. 

The  commission  Avill  also  have  power,  during  the  same  period,  to 
appoint  to  office  such  officers  under  the  judicial,  educational,  and 
civil-service  systems,  and  in  the  municipal  and  departmental  govern- 
ments, as  shall  be  provided  for.  Until  the  complete  transfer  of  con- 
trol the  military  governor  w^ill  remain  the  chief  executive  head  of 
the  government  of  the  islands,  and  will  exercise  the  executive  author- 
ity now  possessed  by  him  and  not  herein  expressly  assigned  to  the 
commission,  subject,  however,  to  the  rules  and  orders  enacted  by  the 
commission  in  the  exercise  of  the  legislative  powers  conferred  upon 
them.  In  the  meantime  the  municipal  and  departmental  governments 
will  continue  to  report  the  military  governor,  and  be  subject  to  his 
administrative  supervision  and  control,  under  your  direction,  but 
that  supervision  and  control  will  be  confined  within  the  narrowest 
limits  consistent  with  the  requirements  that  the  poAvers  of  govern- 
ment in  the  municipalities  and  departments  shall  be  honestly  and 
effectively  exercised  and  that  law  and  order  and  individual  freedom 
shall  be  maintained. 

All  legislative  rules  and  orders,  establishments  of  government,  and 
appointments  to  office  by  the  commission  will  take  effect  immediately, 
or  at  such  times  as  they  shall  designate,  subject  to  your  approval  and 
action  upon  the  coming  in  of  the  commission's  reports,  which  are  to 
be  made  from  time  to  time  as  their  action  is  taken.  Wherever  civil 
governments  are  constituted  under  the  direction  of  the  commission, 
such  military  posts,  garrisons,  and  forces  will  be  continued  for  the 
suppression  of  insurrection  and  brigandage  and  the  maintenance  of 
law  and  order  as  the  military  commander  shall  deem  requisite,  and 
the  military  forces  shall  be  at  all  times  subject  under  his  orders  to 
the  call  of  the  civil  authorities  for  the  maintenance  of  law  and  order 
and  the  enforcement  of  their  authority.  In  the  establishment  of 
municipal  governments  the  commission  Avill  take  as  the  basis  of  their 
work  the  governments  established  by  the  military  governor  under 
his  order  of  August  8,  1899,  and  under  the  report  of  the  board  con- 
stituted by  the  military  governor  by  his  order  of  January  29,  1900, 
to  formulate  and  report  a  plan  of  municipal  government,  of  which 
his  honor  Cayetano  Arellano,  president  of  the  audiencia,  was  chair- 
man, and  they  will  give  to  the  conclusions  of  that  board  the  weight 
and  consideration  which  the  high  character  and  distinguished  abil- 
ities of  its  members  justify.  In  the  constitution  of  department  or 
provincial  governments  they  will  give  especial  attention  to  the  exist- 
ing government  of  the  island  of  Negros,  constituted  w4th  the  approval 
of  the  people  of  that  island,  under  the  order  of  the  military  governor 
of  July  22,  1899,  and  after  verifying,  so  far  as  may  be  practicable, 
the  reports  of  the  successful  working  of  that  government,  they  will 
be  guided  by  the  experience  thus  acquired,  so  far  as  it  may  be  appli- 
cable to  the  conditions  existing  in  other  portions  of  the  Philippines. 
They  will  avail  themselves,  to  the  fullest  degree  practicable,  of  the 
conclusions  reached  by  the  previous  commission  to  the  Philippines. 


The  PMUppine  Islands— 1900  3161 

In  the  distribution  of  powers  among  the  governments  organized 
by  the  commission,  the  presumption  is  always  to  be  in  favor  of  the 
smaller  subdivision,  so  that  all  the  powers  which  can  properly  be 
exercised  b}^  the  municipal  government  shall  be  vested  in  that  govern- 
ment, and  all  the  powers  of  a  more  general  character  which  can  be 
exercised  by  the  departmental  government  shall  be  vested  in  that 
government,  and  so  that  in  the  governmental  system  which  is  the 
result  of  the  process  the  central  government  of  the  islands,  following 
the  example  of  the  distribution  of  the  powers  between  the  States  and 
the  National  Government  of  the  United  States,  shall  have  no  direct 
administration  except  of  matters  of  purely  general  concern,  and  shall 
have  only  such  supervision  and  control  over  local  governments  as  may 
be  necessary  to  secure  and  enforce  faithful  and  efficient  administra- 
tion by  local  officers. 

The  many  different  degrees  of  civilization  and  varieties  of  custom 
and  capacity  among  the  people  of  the  different  islands  preclude  very 
definite  instruction  as  to  the  part  which  the  people  shall  take  in  the 
selection  of  their  own  officers,  but  these  general  rules  are  to  be  ob- 
served: That  in  all  cases  the  municipal  officers  who  administer  the 
local  affairs  of  the  people  are  to  be  selected  by  the  people,  and  that 
wherever  officers  of  more  extended  jurisdiction  are  to  be  selected  in 
any  w^ay  natives  of  the  islands  are  to  be  preferred,  and  if  they  can  be 
found  competent  and  willing  to  perform  the  duties  they  are  to  receive 
the  offices  in  preference  to  any  others.  It  will  be  necessary  to  fill 
some  offices  for  the  present  with  Americans,  which,  after  a  time,  may 
well  be  filled  by  natives  of  the  islands.  As  soon  as  practicable  a 
system  for  ascertaining  the  merit  and  fitness  of  candidates  for  civil 
offices  should  be  put  in  force.  An  indispensable  qualification  for  all 
offices  and  positions  of  trust  and  authority  in  the  islands  must  be  abso- 
lute and  unconditional  loyalty  to  the  United  States,  and  absolute  and 
unhampered  authority  and  power  to  remove  and  punish  any  officer 
deviating  from  that  standard  must  at  all  times  be  retained  in  the 
hands  of  the  central  authority  of  the  islands. 

In  all  the  forms  of  government  and  administrative  provisions  which 
they  are  authorized  to  prescribe,  the  commission  should  bear  in  mind 
that  the  government  which  they  are  establishing  is  designed  not  for 
our  satisfaction  or  for  the  expression  of  our  theoretical  views,  but 
for  the  happiness,  peace  and  prosperity  of  the  people  of  the  Philip- 
pine Islands,  and  the  measures  adopted  should  be  made  to  conform 
to  their  customs,  their  habits,  and  even  their  prejudices,  to  the  f idlest 
extent  consistent  with  the  accomplishment  of  the  indispensable  requi- 
sites of  just  and  effective  government.  At  the  same  time  the  com- 
mission should  bear  in  mind,  and  the  people  of  the  islands  should  be 
made  plainly  to  understc^nd,  that  there  are  certain  great  jDrinciples 
of  government  which  have  been  made  the  basis  of  our  governmental 
system,  which  we  deem  essential  to  the  rule  of  law  and  the  mainte- 
nance of  individual  freedom,  and  of  wliich  they  have,  unfortunately, 
been  denied  the  experience  possessed  by  us ;  that  there  are  also  certain 
practical  rules  of  government  which  we  have  found  to  be  essential 
to  the  preservation  of  these  great  principles  of  liberty  and  law,  and 
that  these  principles  and  these  rules  of  government  must  be  estab- 
lished and  maintained  in  their  islands  for  the  sake  of  their  liberty 
and  happiness,  however  much  they  may  conflict  with  the  customs  or 


3162  The  Philippine  Islands— 1900 

laws  of  procedure  with  which  they  are  familiar.  It  is  evident  that 
the  most  enlightened  thought  of  the  Philippine  Islands  fully  appre- 
ciates the  importance  of  these  principles  and  rules,  and  they  will 
inevitably  within  a  short  time  command  universal  assent.  Upon 
every  division  and  branch  of  the  government  of  the  Philippines, 
therefore,  must  be  imposed  these  inviolable  rules: 

That  no  person  shall  be  deprived  of  life,  liberty,  or  property  with- 
out due  process  of  law ;  that  private  property  shall  not  be  taken  for 
public  use  without  just  compensation;  that  in  all  criminal  prosecu- 
tions the  accused  shall  enjoy  the  right  to  a  speedy  and  public  trial, 
to  be  informed  of  the  nature  and  cause  of  the  accusation,  to  be  con- 
fronted wdth  the  witnesses  against  him,  to  have  compulsory  process 
for  obtaining  witnesses  in  his  favor,  and  to  have  the  assistance  of 
counsel  for  his  defense;  that  excessive  bail  shall  not  be  required,  nor 
excessive  fines  imposed,  nor  cruel  and  unusual  punishment  inflicted; 
that  no  person  shall  be  put  twice  in  jeopardy  for  the  same  offense 
or  be  compelled  in  any  criminal  case  to  be  a  witness  against  himself ; 
that  the  right  to  be  secure  against  unreasonable  searches  and  seizures 
shall  not  be  violated ;  that  neither  slavery  nor  involuntary  servitude 
shall  exist  except  as  a  punishment  for  crime ;  that  no  bill  of  attainder 
or  expost  facto  law  shall  be  passed;  that  no  law  shall  be  passed 
abridging  the  freedom  of  speech  or  of  the  press  or  of  the  rights  of 
the  people  to  peaceably  assemble  and  petition  the  government  for  a 
redress  of  grievances;  that  no  law  shall  be  made  respecting  an 
establishment  of  religion  or  prohibiting  the  free  exercise  thereof,  and 
that  the  free  exercise  and  enjoyment  of  religious  profession  and  wor- 
ship without  discrimination  or  preference  shall  forever  be  allowed. 

It  will  be  the  duty  of  the  commission  to  make  a  thorough  investi- 
gation into  the  titles  of  the  large  tracts  of  land  held  or  claimed  by 
individuals,  or  by  religious  orders;  into  the  justice  of  the  claims  and 
complaints  made  against  such  landholders  by  the  people  of  the  island, 
or  any  part  of  the  people,  and  to  seek  by  wise  and  peaceable  measures 
a  just  settlement  of  the  controversies  and  redress  of  the  wrongs  which 
have  caused  strife  and  bloodshed  in  the  past.  In  the  performance  of 
this  duty  the  commission  is  enjoined  to  see  that  no  injustice  is  done; 
to  have  regard  for  substantial  right  and  equity,  disregarding  tech- 
nicalities so  far  as  substantial  right  permits,  and  to  observe  the  fol- 
lowing rules :  That  the  provision  of  the  treaty  of  Paris  pledging  the 
United  States  to  the  protection  of  all  rights  of  property  in  the  islands, 
and  as  well  the  principle  of  our  ow^n  Government  which  prohibits  the 
taking  of  private  property  without  due  process  of  law,  shall  not  be 
violated;  that  the  welfare  of  the  people  of  the  islands,  which  should 
be  a  paramount  consideration,  shall  be  attained  consistently  Avith  this 
rule  of  property  right;  that  if  it  becomes  necessary  for  the  public 
interest  of  the  people  of  the  island  to  dispose  of  claims  to  property 
which  the  commission  finds  to  be  not  lawfully  acquired  and  held,  dis- 
position shall  be  made  thereof  by  due  legal  procedure,  in  which  there 
shall  be  full  opportunity  for  fair  and  impartial  hearing  and  judg- 
ment; that  if  the  same  public  interests  require  the  extinguishment  of 
property  rights  lawfully  acquired  and  held,  due  compensation  shall 
be  made  out  of  the  public  treasury  therefor :  that  no  form  of  religion 
and  no  minister  of  religion  shall  be  forced  upon  any  community  or 
upon  any  citizen  of  the  island ;  that,  upon  the  other  hand,  no  minister 


The  Philippine  Islands— 1900  3163 

of  religion  shall  be  interfered  with  or  molested  in  following  his  call- 
ing, and  that  the  separation  between  state  and  church  shall  be  real, 
entire,  and  absolute. 

It  will  be  the  duty  of  the  commission  to  promote  and  extend  and, 
as  they  find  occasion,  to  improve  the  system  of  education  already 
inaugurated  by  the  military  authorities.  In  doing  this  they  should 
regard  as  of  first  importance  the  extension  of  a  system  of  primary 
education  which  shall  be  free  to  all,  and  which  shall  tend  to  fit  the 
people  for  the  duties  of  citizenship  and  for  the  ordinary  avocations 
of  a  civilized  community.  This  instruction  should  be  given,  in  the 
first  instance,  in  every  part  of  the  islands  in  the  language  of  the 
people.  In  view  of  the  great  number  of  languages  spoken  by  the 
different  tribes,  it  is  especially  important  to  the  prosperity  of  the 
islands  that  a  common  medium  of  communication  may  be  established, 
and  it  is  obviously  desirable  that  this  medium  should  be  the  English 
language.  Especial  attention  should  at  once  be  given  to  affording 
full  opportunity  to  all  the  people  of  the  islands  to  acquire  the  use  of 
the  English  language. 

It  may  well  be  that  the  main  changes  which  should  be  made  in  the 
system  of  taxation  and  in  the  body  of  the  laws  under  which  the  people 
are  governed,  except  such  changes  as  have  already  been  made  by  the 
military  government,  should  be  relegated  to  the  civil  government 
w^hich  is  to  be  established  under  the  auspices  of  the  commission.  It 
will,  however,  be  the  duty  of  the  commission  to  inquire  diligently 
as  to  whether  there  are  any  further  changes  which  ought  not  to  be 
delayed,  and,  if  so,  they  are  authorized  to  make  such  changes,  sub- 
ject to  your  approval.  In  doing  so  they  are  to  bear  in  mind  that 
taxes  which  tend  to  penalize  or  repress  industry  and  enterprise  are 
to  be  avoided;  that  provisions  for  taxation  should  be  simple,  so  that 
they  may  be  understood  by  the  people;  that  they  should  affect  the 
fewest  practicable  subjects  of  taxation  which  will  serve  for  the  gen- 
eral distribution  of  the  burden.  The  main  body  of  the  laws  which 
regidate  the  rights  and  obligations  of  the  people  should  be  maintained 
with  as  little  interference  as  possible.  Changes  made  should  be 
mainly  in  procedure  and  in  the  criminal  laws  to  secure  speedy  and 
impartial  trials,  and  at  the  same  time  effective  administration  and 
respect  for  individual  rights. 

In  dealing  with  the  uncivilized  tribes  of  the  island,  the  commission 
should  adopt  the  same  course  followed  by  Congress  in  permitting 
the  tribes  of  our  North  American  Indians  to  maintain  their  tribal 
organization  and  government,  and  under  which  many  of  those  tribes 
are  now  living  in  peace  and  contentment,  surrounded  by  a  civiliza- 
tion to  which  they  are  unable  or  unwilling  to  conform.  Such  tribal 
governments  should,  however,  be  subjected  to  wise  and  firm  regula- 
tion; and,  without  undue  or  petty  interference,  constant  and  active 
effort  should  be  exercised  to  prevent  barbarous  practices  and  intro- 
duce civilized  customs. 

Upon  all  officers  and  employees  of  the  United  States,  both  civil 
and  military,  should  be  impressed  a  sense  of  the  duty  to  observe  not 
merely  the  material  but  the  personal  and  social  rights  of  the  people 
of  the  islands,  and  to  treat  them  with  the  same  courtesy  and  respect 
for  their  personal  dignity  which  the  people  of  the  United  States  are 
accustomed  to  require  from  each  other. 


3164  The  Philippine  Islands— 1901 

The  articles  of  capitulation  of  the  city  of  Manila  on  the  13th  of 
August,  1898,  concluded  with  these  words : 

"  This  city,  its  inhabitants,  its  churches  and  religious  worship,  its 
educational  establishments,  and  its  private  property  of  all  descrip- 
tions are  placed  under  the  special  safeguard  of  the  faith  and  honor 
of  the  American  Army." 

I  believe  that  this  pledge  has  been  faithfully  kept.  As  high  and 
sacred  an  obligation  rests  upon  the  Government  of  the  United  States 
to  give  protection  for  property  and  life,  civil  and  religious  freedom, 
and  wise,  firm,  and  unselfish  guidance  in  the  paths  of  peace  and  pros- 
perity^ to  all  the  people  of  the  Philippine  Islands.  I  charge  this  com- 
mission to  labor  for  the  full  performance  of  this  obligation,  which 
concerns  the  honor  and  conscience  of  their  country,  in  the  firm  hope 
that  through  their  labors  all  the  inhabitants  of  the  Philippine 
Islands  may  come  to  look  back  with  gratitude  to  the  day  when  God 
gave  victory  to  American  arms  at  Manila  and  set  their  land  under  the 
sovereignty  and  protection  of  the  people  of  the  United  States. 

WiLlilAM    McKlNLEY. 

The  Secretary  or  War, 

Washington^  D,  G, 


ACT   GIVING   STATUTORY   AUTHORITY  FOR  THE   EXERCISE   OF 
GOVERNMENTAL  POWERS  IN  THE  PHILIPPINES— 1901 « 

[Fifty-sixth  Congress,  Second  Session] 

The  act  of  March  2, 1901  "  making  appropriation  for  the  support  of 
the  Army  for  the  fiscal  year  ending  June  thirtieth,  nineteen  hundred 
and  two  "  contained  the  following  paragraphs : 

All  military,  civil,  and  judicial  powers  necessary  to  govern  the 
Philippine  Islands,  acquired  from  Spain  by  the  treaties  concluded  at 
Paris  on  the  tenth  day  of  December,  eighteen  hundred  and  ninety- 
eight,  and  at  Washington  on  the  seventh  day  of  November,  nineteen 
hundred,  shall,  until  otherwise  provided  by  Congress,  be  vested  in 
such  person  and  persons  and  shall  be  exercised  in  such  manner  as 
the  President  of  the  United  States  shall  direct,  for  the  establishment 
of  civil  government  and  for  maintaining  and  protecting  the  inhabit- 
ants of  said  islands  in  the  free  enjoyment  of  their  liberty,  property, 
and  religion :  Provided .,  That  all  franchises  granted  under  the  author- 
ity hereof  shall  contain  a  reservation  of  the  right  to  alter,  amend,  or 
repeal  the  same. 

oFor  other  acts  of  an  organic  nature  relating  to  the  Philippines  see  the  act 
to  confirm  the  tariff  laws  established  by  the  Philippine  Commission,  and  to  de- 
fine evidence  necessary  to  convict  of  treason  in  the  Philippines,  March  8,  1902 ; 
to  promote  the  efficiency  of  the  constabulary,  January  HO,  1903 ;  to  fix  a  stand- 
ard of  value  and  a  coinage  system.  March  2,  1903 ;  to  limit  trade  between  United 
States  and  the  Philippines  after  July  1,  1906,  to  American  vessels,  April  15,  1904; 
to  authorize  the  issue  of  insular  and  municipal  bonds,  to  extend  immigration 
laws  to,  to  change  title  of  civil  governor  to  governor-general,  and  to  provide  for 
locating  and  sale  of  mineral  lands,  February  0,  1905 ;  to  extend  extradition  laws 
to,  February  6,  1905 ;  to  revise  and  amend  the  Philippine  tariff  laws,  March  3, 
1905. 


The  Philippine  Islands— 1901  3165 

Until  a  permanent  government  shall  have  been  established  in  said 
archipelago  full  reports  shall  be  made  to  Congress  on  or  before  the 
first  da}^  of  each  regular  session  of  all  legislative  acts  and  proceed- 
ings of  the  temporary  government  instituted  under  the  provisions 
hereof;  and  full  reports  of  the  acts  and  doings  of  said  government, 
and  as  to  the  condition  of  the  archipelago  and  of  its  people,  shall  be 
made  to  the  President,  including  all  information  which  may  be  useful 
to  the  Congress  in  providing  for  a  more  permanent  government: 
Provided^  That  no  sale  or  lease  or  other  disposition  of  the  public 
lands  or  the  timber  thereon  or  the  mining  rights  therein  shall  be 
made:  And  promded  further^  That  no  franchise  shall  be  granted 
which  is  not  approved  by  the  President  of  the  United  States,  and  is 
not  in  his  judgment  clearly  necessary  for  the  immediate  government 
of  the  islands  and  indispensable  for  the  interest  of  the  people  thereof, 
and  w^hich  can  not,  without  great  public  mischief,  be  postponed  until 
the  establishment  of  permanent  civil  government ;  and  all  such  fran- 
chises shall  terminate  one  year  after  the  establishment  of  such  per- 
manent civil  government. 

All  laws  or  parts  of  laws  inconsistent  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Approved,  March  2,  1901. 


EXTENSION  OF  POWERS  OF  THE  PHILIPPINE  COMMISSION— 1901 « 

War  Department,  Washington^  June  21, 1901. 

On  and  after  the  fourth  dav  of  July,  1901,  until  it  shall  be  other- 
wise ordered,  the  President  of  the  Philippine  Commission  will  exer- 
cise the  executive  authority  in  all  civil  affairs  in  the  government  oi 
the  Philippine  Islands  heretofore  exercised  in  such  affairs  by  the 
Military  Governor  of  the  Philippines,  and  to  that  end  the  Hon.  Wil- 
liam H.  Taft,  President  of  the  said  Commission,  is  hereby  appointed 
Civil  Governor  of  the  Philippine  Islands.  Such  executive  authority 
w^ill  be  exercised  under,  and  in  conformity  to,  the  instructions  to  the 
Philippine  Commissioners,  dated  April  7,  1900,  and  subject  to  the  ap- 
proval and  control  of  the  Secretary  of  War  of  the  United  States. 
The  municipal  and  provincial  civil  governments,  which  have  been,  or 
shall  hereafter  be,  established  in  said  islands,  and  all  persons  perform- 
ing duties  appertaining  to  the  offices  of  civil  government  in  said 
islands,  w^ill,  in  respect  of  such  duties,  report  to  the  said  Civil  Gov- 
ernor. 

The  powder  to  appoint  civil  officers,  heretofore  vested  in  the  Philip- 
pine Commission,  or  in  the  Military  Governor,  will  be  exercised  by 
the  Civil  Governor  with  the  advice  and  consent  of  the  Commission. 

The  Military  Governor  of  the  Philippines  is  hereby  relieved  from 
the  performance,  on  and  after  the  said  4th  day  of  Jidy,  of  the  civil 
duties  hereinbefore  described,  but  his  authority  will  continue  to  be 
exercised  as  heretofore,  in  those  districts  in  which  insurrection 
against  the  authority  of  the  United  States  continues  to  exist,  or  in 

a  See  House  Documents,  Vol.  11  (No.  2),  Fifty-seventh  Congress,  first  session, 
pp.  4^10. 


3166  The  Philippine  Islands^l902 

which  public  order  is  not  sufficiently  restored  to  enable  provincial 
civil  governments  to  be  established  under  the  instructions  to  the 
Commission  dated  April  7,  1900. 
By  the  President : 

Elihu  Root, 

Secr>etary  of  War. 


ACT  TO  PROVIDE  FOR  CIVIL  GOVERNMENT  OF  PHILIPPINES— 1902 

[Fifty-Seventh  Congress,  First  Session] 

An  Act  temporarily  to  provide  for  tlie  administration  of  the  affairs  of  civil 
government  in  the  Philippine  Islands,  and  for  other  purposes 

Be  it  enacted  l>y  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled^  That  the  action  of 
the  President  of  the  United  States  in  creating  the  Philippine  Com- 
mission and  authorizing  said  Commission  to  exercise  the  powers  of 
government  to  the  extent  and  in  the  manner  and  form  and  subject 
to  the  regulation  and  control  set  forth  in  the  instructions  of  the 
President  to  the  Philippine  Commission,  dated  April  seventh,  nine- 
teen hundred,  and  in  creating  the  offices  of  civil  governor  and  vice- 
governor  of  the  Philippine  Islands,  and  authorizing  said  civil  gov- 
ernor and  vice-governor  to  exercise  the  powers  of  government  to  the 
extent  and  in  the  manner  and  form  set  forth  in  the  Executive  order 
dated  June  tw^enty-first,  nineteen  hundred  and  one,  and  in  establish- 
ing four  executive  departments  of  government  in  said  Islands  as  set 
forth  in  the  Act  of  the  Philippine  Commission,  entitled  "  An  Act 
providing  an  organization  for  the  departments  of  the  interior,  of 
commerce  and  police,  of  finance  and  justice,  and  of  public  instruc- 
tion," enacted  September  sixth,  nineteen  hundred  and  one,  is  hereby 
approved,  ratified,  and  confirmed,  and  until  otherwise  provided  by 
law  the  said  Islands  shall  continue  to  be  governed  as  thereby  and 
herein  provided,  and  all  laws  passed  hereafter  by  the  Philippine  Com- 
mission shall  have  an  enacting  clause  as  follows :  "  By  authority  of 
the  United  States  be  it  enacted  by  the  Philippine  Commission."  The 
provisions  of  section  eighteen  hundred  and  ninety-one  of  the  Revised 
Statutes  of  eighteen  hundred  and  seventy-eight  shall  not  apply  to 
the  Philippine  Islands. 

Future  appointments  of  civil  governor,  vice-governor,  members  of 
said  Commission  and  heads  of  executive  departments  shall  be  made 
by  the  President,  by  and  with  the  advice  and  consent  of  the  Senate. 

Sec.  2.  That  the  action  of  the  President  of  the  United  States  here- 
tofore taken  by  virtue  of  the  authority  vested  in  him  as  Commander 
in  Chief  of  the  Army  and  Navy,  as  set  forth  in  his  order  of  July 
twelfth,  eighteen  hundred  and  ninety-eight,  whereby  a  tariff  of 
duties  and  taxes  as  set  forth  by  said  order  was  to  be  levied  and  col- 
lected at  all  ports  and  places  in  the  Philippine  Islands  upon  passing 
into  the  occupation  and  possession  of  the  forces  of  the  United  States, 
together  with  the  subsequent  amendments  of  said  order,  are  hereby 
approved,  ratified,  and  confirmed,  and  the  actions  of  the  authorities 
of  the  government  of  the  Philippine  Islands,  taken  in  accordance 
with  the  provisions  of  said  order  and  subsequent  amendments,  are 


The  Philippine  Islands— 1902  3167 

hereby  approved:  Provided,  That  nothing  contained  in  this  section 
shall  be  held  to  amend  or  repeal  an  Act  entitled  "  An  Act  temporarily 
to  provide  revenue  for  the  Philippine  Islands,  and  for  other  pur- 
poses," approved  March  eighth,  nineteen  hundred  and  two. 

Sec.  3.  That  the  President  of  the  United  States,  during  such  time 
as  and  whenever  the  sovereignty  and  authority  of  the  United  States 
encounter  armed  resistance  in  the  Philippine  Islands,  until  otherwise 
provided  by  Congress,  shall  continue  to  regulate  and  control  commer- 
cial intercourse  w^ith  and  within  said  Islands  by  such  general  rules 
and  regulations  as  he,  in  his  discretion,  may  deem  most  conducive  to 
the  public  interests  and  the  general  welfare. 

Sec.  4.  That  all  inhabitants  of  the  Philippine  Islands  continuing 
to  reside  therein  who  were  Spanish  subjects  on  the  eleventh  day  of 
April,  eighteen  hundred  and  ninety-nine,  and  then  resided  in  said 
Islands,  and  their  children  born  subsequent  thereto,  shall  be  deemed 
and  held  to  be  citizens  of  the  Philippine  Islands  and  as  such  entitled 
to  the  protection  of  the  United  States,  except  such  as  shall  have 
elected  to  preserve  their  allegiance  to  the  Crown  of  Spain  in  accord- 
ance with  the  provisions  of  the  treaty  of  peace  between  the  United 
States  and  Spain  signed  at  Paris  December  tenth,  eighteen  hundred 
and  ninety-eight. 

Sec.  5.  That  no  law  shall  be  enacted  in  said  islands  which  shall 
deprive  any  person  of  life,  liberty,  or  property  without  due  process 
of  law,  or  deny  to  any  person  therein  the  equal  protection  of  the  laws. 

That  in  all  criminal  prosecutions  the  accused  shall  enjoy  the  right 
to  be  heard  by  himself  and  counsel,  to  demand  the  nature  and  cause 
of  the  accusation  against  him,  to  have  a  speedy  and  public  trial,  to 
meet  the  witnesses  face  to  face,  and  to  have  compulsory  process  to 
compel  the  attendance  of  Avitnesses  in  his  behalf. 

That  no  person  shall  be  held  to  answer  for  a  criminal  offense  with- 
out due  process  of  law;  and  no  person  for  the  same  oifense  shall  be 
twice  put  in  jeopardy  of  punishment,  nor  shall  be  comjoelled  in  any 
criminal  case  to  be  a  witness  against  himself. 

That  all  persons  shall  before  conviction  be  bailable  by  sufficient 
sureties,  except  for  capital  offenses. 

That  no  law  impairing  the  obligation  of  contracts  shall  be  enacted. 

That  no  person  shall  be  imprisoned  for  debt. 

That  the  privilege  of  the  writ  of  habeas  corpus  shall  not  be  sus- 
pended, unless  when  in  cases  of  rebellion,  insurrection,  or  invasion 
the  public  safety  may  require  it,  in  either  of  which  events  the  same 
may  be  suspended  by  the  President,  or  by  the  gov^ernor,  with  th6 
approval  of  the  Philippine  Commission,  wherever  during  such  period 
the  necessity  for  such  suspension  shall  exist. 

That  no  ex  post  facto  law  or  bill  of  attainder  shall  be  enacted. 

That  no  law  granting  a  title  of  nobility  shall  be  enacted,  and  no 
person  holding  any  office  of  profit  or  trust  in  said  islands,  shall, 
without  the  consent  of  the  Congress  of  the  ITnited  States,  accept  any 
present,  emolument,  office,  or  title  of  any  kind  whatever  from  any 
king,  queen,  prince,  or  foreign  State. 

That  excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishment  inflicted. 

That  the  right  to  be  secure  against  unreasonable  searches  and 
seizures  shall  not  be  violated. 


3168  The  Philippine  Islands— 1902 

That  neither  slavery,  nor  involuntary  servitude,  except  as  a  pun- 
ishment for  crime  whereof  the  party  shall  have  been  duly  convicted, 
shall  exist  in  said  islands. 

That  no  law  shall  be  passed  abridging  the  freedom  of  speech  or  of 
the  press,  or  the  right  of  the  people  peaceably  to  assemble  and  peti- 
tion the  Government  for  redress  of  grievances. 

That  no  law  shall  be  made  respecting  an  establishment  of  religion 
or  prohibiting  the  free  exercise  thereof,  and  that  the  free  exercise 
and  enjoyment  of  religious  profession  and  worship,  without  dis- 
crimination or  preference,  shall  forever  be  allowed. 

That  no  money  shall  be  paid  out  of  the  treasury  except  in  pursu- 
ance of  an  appropriation  by  law. 

That  the  rule  of  taxation  in  said  islands  shall  be  uniform. 

That  no  private  or  local  bill  which  may  be  enacted  into  law  shall 
embrace  more  than  one  subject,  and  that  subject  shall  be  expressed  in 
the  title  of  the  bill. 

That  no  warrant  shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place  to  be 
searched  and  the  person  or  things  to  be  seized. 

That  all  money  collected  on  any  tax  levied  or  assessed  for  a  special 
purpose  shall  be  treated  as  a  special  fund  in  the  treasur}^  and  paid  out 
for  such  purpose  only. 

Sec.  6.  That  whenever  the  existing  insurrection  in  the  Philippine 
Islands  shall  have  ceased  and  a  condition  of  general  and  complete 
peace  shall  have  been  established  therein  and  the  fact  shall  be  certified 
to  the  President  by  the  Philippine  Commission,  the  President,  upon 
being  satisfied  thereof,  shall  order  a  census  of  the  Philippine  Islands 
to  be  j:aken  by  said  Philippine  Commission ;  such  census  in  its  inquir- 
ies relating  to  the  population  shall  take  and  make  so  far  as  practicable 
full  report  for  all  the  inhabitants,  of  name,  age,  sex,  race,  or  tribe, 
whether  native  or  foreign  born,  literacy  in  Spanish,  native  dialect  or 
language,  or  in  English,  school  attendance,  ownership  of  homes,  in- 
dustrial and  social  statistics,  and  such  other  information  separately 
for  each  island,  each  province,  and  municipality,  or  other  civil  divi- 
sion, as  the  President  and  said  Commission  may  deem  necessary: 
Provided^  That  the  President  may,  upon  the  request  of  said  Com- 
mission, in  his  discretion,  employ  the  service  of  the  Census  Bureau 
in  compiling  and  promulgating  the  statistical  information  above  pro- 
vided for,  and  may  commit  to  such  Bureau  any  part  or  portion  of 
such  labor  as  to  him  may  seem  Avise. 

•  Sec.  7.  That  two  years  after  the  completion  and  publication  of  the 
census,  in  case  such  condition  of  general  and  com])lete  peace  with 
recognition  of  the  authority  of  the  United  States  shall  have  contin- 
ued in  the  territory  of  said  Islands  not  inhabited  by  Moros  or  other 
non-Christian  tribes  and  such  facts  shall  have  been  certified  to  the 
President  by  the  Philippine  Commission,  the  President  upon  being 
satisfied  thereof  shall  direct  said  Com.mission  to  call,  and  the  Com- 
mission shall  call,  a  general  election  for  the  choice  of  delegates  to  a 
popular  assembly  of  the  people  of  said  territory  in  the  Philippine 
Islands,  which  shall  be  known  as  the  Philippine  assembly.  After  said 
assembly  shall  have  convened  and  organized,  all  the  legislative  ])ower 
heretofore  conferred  on  the  Philippine  Commission  in  all  that  part 
of  said  Islands  not  inhabited  bv  Moros  or  other  non-Christian  tribes 


The  Philippine  Islands— 1902  3169 

shall  be  vested  in  a  legislature  consisting  of  two  houses — The  Philip- 
l)ine  Commission  and  the  Philippine  assembly.  Said  assembly  shall 
consist  of  not  less  than  fifty  nor  more  than  one  hundred  members  to 
be  apportioned  by  said  Commission  among  the  provinces  as  nearly 
as  practicable  according  to  population:  Procided^  That  no  province 
shall  have  less  than  one  member:  And  provided  further^  That  prov- 
inces entitled  by  population  to  more  than  one  member  may  be  divided 
into  such  convenient  districts  as  the  said  Commission  may  deem  best. 

Public  notice  of  such  division  shall  be  given  at  least  ninety  days 
prior  to  such  election,  and  the  election  shall  be  held  under  rules  and 
regulations  to  be  prescribed  by  law.  The  qualification  of  electors  in 
such  election  shall  be  the  same  as  is  now  provided  by  law  in  case  of 
electors  in  municipal  elections.  The  members  of  assembly  shall  hold 
office  for  two  years  from  the  first  day  of  January  next  following  their 
election,  and  their  successors  shall  be  chosen  by  the  people  every 
second  year  thereafter.  No  person  shall  be  eligible  to  such  election 
who  is  not  a  qualified  elector  of  the  election  district  in  which  he  ma^^ 
be  chosen,  owing  allegiance  to  the  United  States,  and  twentj^-five 
years  of  age. 

The  legislature  shall  hold  annual  sessions,  commencing  on  the  first 
Monday  of  P'ebruary  in  each  year  and  continuing  not  exceeding 
ninety  days  thereafter  (Sundays  and  holidays  not  included)  :  Pro- 
vided^ That  the  first  meeting  of  the  legislature  shall  be  held  upon  the 
call  of  the  governor  within  ninety  days  after  the  first  election:  And 
provided  further^  That  if  at  the  termination  of  any  session  the  appro- 
priations necessary  for  the  support  of  government  shall  not  have  been 
made,  an  amount  equal  to  the  sums  appropriated  in  the  last  appro- 
priation bills  for  such  purposes  shall  be  deemed  to  be  appropriated; 
and  until  the  legislature  shall  act  in  such  behalf  the  treasurer  may. 
with  the  advice  of  the  governor,  make  the  payments  necessary  for 
the  purposes  aforesaid. 

The  legislature  may  be  called  in  special  session  at  any  time  by  the 
civil  governor  for  general  legislation,  or  for  action  on  such  specific 
subjects  as  he  may  designate.  Xo  special  session  shall  continue 
longer  than  thirty  days,  exclusive  of  Sundays. 

The  assembly  shall  be  the  judge  of  the  elections,  returns,  and 
qualifications  of  its  members.  A  majority  shall  constitute  a  quorum 
to  do  business,  but  a  smaller  number  may  adjourn  from  day  to  day 
and  may  be  authorized  to  compel  the  attendance  of  absent  members. 
It  shall  choose  its  speaker  and  other  officers,  and  the  salaries  of  its 
members  and  officers  shall  be  fixed  by  law.  It  may  determine  the 
rule  of  its  proceedings,  punish  its  members  for  disorderly  behavior, 
and  with  the  concurrence  of  two-thirds  expel  a  member.  It  shall 
keep  a  journal  of  its  proceedings,  which  shall  be  published,  and  the 
yeas  and  nays  of  the  members  on  any  question  shall,  on  the  demand 
of  one-fifth  of  those  present,  be  entered  on  the  journal. 

Sec.  8.  That  at  the  same  time  with  the  first  meeting  of  the  Philip- 
pine legislature,  and  biennially  thereafter,  there  shall  be  chosen  by 
said  legislature,  each  house  voting  separately,  two  resident  commis- 
sioners to  the  United  States,  who  shall  be  entitled  to  an  official  recog- 
nition as  such  by  all  departments  upon  presentation  to  the  President 
of  a  certificate  of  election  by  the  civil  governor  of  said  islands,  and 
each  of  whom  shall  be  entitled  to  a  salary  payable  monthly  by  the 


3170  The  Philippine  Islands— 1902 

United  States  at  the  rate  of  five  thousand  dollars  per  annum,  and  two 
thousand  dollars  additional  to  cover  all  expenses:  Provided,  That  no 
person  shall  be  eligible  to  such  election  who  is  not  a  qualified  elector 
of  said  islands,  owing  allegiance  to  the  United  States,  and  who  is 
not  thirty  years  of  age. 

Sec.  9.  That  the  Supreme  Court  and  the  courts  of  first  instance  of 
the  Philippine  Islands  shall  possess  and  exercise  jurisdiction  as  here- 
tofore provided  and  such  additional  jurisdiction  as  shall  hereafter  be 
prescribed  by  the  government  of  said  Islands,  subject  to  the  power  of 
said  Government  to  change  the  practice  and  method  of  procedure. 
The  municipal  courts  of  said  Islands  shall  possess  and  exercise  juris- 
diction as  heretofore  provided  by  the  Philippine  Commission,  subject 
in  all  matters  to  such  alteration  and  amendment  as  may  be  hereafter 
enacted  by  law;  and  the  chief  justice  and  associate  justices  of  the 
supreme  court  shall  hereafter  be  appointed  by  the  President,  by  and 
Avith  the  advice  and  consent  of  the  Senate,  and  shall  receive  the  com- 
pensation heretofore  prescribed  by  the  Commission  until  otherwise 
provided  by  Congress.  The  judges  of  the  court  of  first  instance  shall 
be  appointed  by  the  civil  governor,  by  and  with  the  advice  and  con- 
sent of  the  Philippine  Commission :  Provided,  That  the  admiralty 
jurisdiction  of  the  supreme  court  and  courts  of  first  instance  shall  not 
be  changed  except  by  Act  of  Congress. 

Sec.  10.  That  the  Supreme  Court  of  the  United  States  shall  have 
jurisdiction  to  review,  revise,  reverse,  modify,  or  affirm  the  final  judg- 
ments and  decrees  of  the  supreme  court  of  the  Philippine  Islands  in 
all  actions,  cases,  causes,  and  proceedings  now  pending  therein  or 
hereafter  determined  thereby  in  which  the  Constitution  or  any  stat- 
ute, treaty,  title,  right,  or  privilege  of  the  United  States  is  involved, 
or  in  causes  in  which  the  value  in  controversy  exceeds  twenty-five 
thousand  dollars,  or  in  which  the  title  or  possession  of  real  estate 
exceeding  in  value  the  sum  of  twenty-five  thousand  dollars,  to  be 
ascertained  by  the  oath  of  either  party  or  of  other  competent  Avit- 
nesses,  is  involved  or  brought  in  question;  and  such  final  judgments 
or  decrees  may  and  can  be  reviewed,  revised,  reversed,  modified,  or 
affirmed  by  said  Supreme  Court  of  the  United  States  on  appeal  or 
writ  of  error  by  the  party  aggrieved,  in  the  same  manner,  under  the 
same  regulations,  and  by  the  same  procedure,  as  far  as  applicable, 
as  the  final  judgments  and  decrees  of  the  circuit  courts  of  the  United 
States. 

Sec.  11.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  to  provide  for  the  needs  of  commerce  by  improving  the 
harbors  and  navigable  waters  of  said  islands  and  to  construct  and 
maintain  in  said  navigable  w^aters  and  upon  the  shore  adjacent  thereto 
bonded  warehouses,  wharves,  piers,  light-houses,  signal  and  life- 
saving  stations,  buoys,  and  like  instruments  of  commerce,  and  to 
adopt  and  enforce  regulations  in  regard  thereto,  including  bonded 
Avarehouses  wherein  articles  not  intended  to  be  imported  into  said 
islands  nor  mingled  with  the  property  therein,  but  brought  into  a 
port  of  said  islands  for  reshipment  to  another  country,  may  be  de- 
posited in  bond  and  reshipped  to  another  country  without  the  pay- 
ment of  customs  duties  or  charges. 

Sec.  12.  That  all  the  property  and  rights  which  may  have  been 
acquired  in  the  Philippine  Islands  by  the  United  States  under  the 


The  Philippine  Islands— 1902  3171 

treaty  of  peace  with  Spain,  signed  December  tenth,  eighteen  hundred 
and  ninety-eight,  except  such  land  or  other  property  as  shall  l>e  desig- 
nated by  "the  President  of  the  United  States  for  military  and  other 
reservations  of  the  Government  of  the  United  States,  are  hereby 
placed  under  the  control  of  the  government  of  said  islands  to  be 
administered  for  the  benefit  of  the  inhabitants  thereof,  except  as 
provided  in  this  Act. 

Sec.  13.  That  the  government  of  the  Philippin^^,  Islands,  subject  to 
the  provisions  of  this  Act  and  except  as  herein  provided,  shall  classify 
according  to  its  agricultural  character  and  productiveness,  and  shall 
immediately  make  rules  and  regulations  for  the  lease,  sale,  or  other 
disposition  of  the  public  lands  other  than  timber  or  mineral  lands, 
but  such  rules  and  regulations  shall  not  go  into  effect  or  have  the  force 
of  law  until  they  have  received  the  approval  of  the  President  and 
when  approved  by  the  President  they  shall  be  submitted  by  him  to 
Congress  at  the  beginning  of  the  next  ensuing  session  thereof  and 
imless  disapproved  or  amended  by  Congress  at  said  session  they  shall 
at  the  close  of  such  period  have  the  force  and  effect  of  law  in  the  Phil- 
ippine Islands:  Provided,  That  a  single  homestead  entry  shall  not 
exceed  sixteen  hectares  in  extent. 

Sec.  14.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  and  empowered  to  enact  rules  and  regulations  and  to  pre- 
scribe terms  and  conditions  to  enable  persons  to  perfect  their  title  to 
public  lands  in  said  Islands,  who,  prior  to  the  transfer  of  sovereignty 
from  Spain  to  the  United  States,  had  fulfilled  all  or  some  of  th^  con- 
ditions required  by  the  Spanish  laws  and  royal  decrees  of  the  King- 
dom of  Spain  for  the  acquisition  of  legal  title  thereto  yet  failed  to 
secure  conveyance  of  title;  and  the  Philippine  Commission  is  author- 
ized to  issue  patents,  without  compensation,  to  any  native  of  said 
Islands,  conveying  title  to  any  tract  of  land  not  more  than  sixteen 
hectares  in  extent,  which  were  public  lands  and  had  l)een  actually 
occupied  by  such  native  or  his  ancestors  prior  to  and  on  the  thirteenth 
of  August,  eighteen  hundred  and  ninety-eight.. 

Sec.  15.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  and  empowered,  on  such  terms  as  it  may  prescribe,  by 
general  legislation,  to  provide  for  the  granting  or  sale  and  conveyance 
to  actual. occupants  and  settlers  and  other  citizens  of  said  islands  such 
parts  and  portions  of  the  public  domain,  other  than  timber  and  min- 
eral lands,  of  the  United  States  in  said  islands  as  it  may  deem  wise, 
not  exceeding  sixteen  hectares  to  any  one  person  and  for  the  sale  and 
conveyance  of  not  more  than  one  thousand  and  twenty-four  hectares 
to  any  corporation  or  association  of  persons:  Prorided,  That  the  grant 
or  sale  of  such  lands,  whether  the  purchase  price  be  paid  at  once  or  in 
])artial  payments,  shall  be  conditioned  uj)on  actual  and  continued 
occupancy,  improvement,  and  cultivation  of  the  premises  sold  for  a 
period  of  not  less  than  five  years,  during  which  time  the  purchaser  or 
grantee  can  not  alienate  or  encumber  said  land  or  the  title  tliereto:  but 
such  restriction  shall  not  apply  to  transfers  of  rights  and  title  of 
inheritance  under  the  laws  for  the  distribution  of  the  estates  of 
decedents. 

Sec.  If).  That  in  granting  or  selling  any  part  of  the  public  domain 
under  the  provisions  of  the  last  preceding  section,  preferiMice  in  all 
rases  shall  be  given  to  actual  occupants  and  settlers ;  and  such  public 
7254— VOL  5—09 41 


3172  The  Philippine  Islands— 1902 

lands  of  the  United  States  in  the  actual  possession  or  occupancy  of 
any  native  of  the  Philippine  Islands  shall  not  be  sold  by  said  govern- 
ment to  any  other  person  without  the  consent  thereto  of  said  prior 
occupant  or  settler  first  had  and  obtained :  Provided^  That  the  prior 
right  hereby  secured  to  an  occupant  of  land,  who  can  show  no  other 
proof  of  title  than  possession,  shall  not  apply  to  more  than  sixteen 
hectares  in  any  one  tract. 

Sec.  17.  That  timber,  trees,  forests,  and  forest  products  on  lands 
leased  or  demised  by  the  government  of  the  Philippine  Islands  under 
the  provisions  of  this  Act  shall  not  be  cut,  destroyed,  removed,  or 
appropriated  except  by  special  permission  of  said  government  and 
under  such  regulations  as  it  may  prescribe. 

All  moneys  obtained  from  lease  or  sale  of  any  portion  of  the  public 
domain  or  from  licenses  to  cut  timber  by  the  government  of  the 
Philippine  Islands  shall  be  covered  into  the  insular  treasury  and  be 
subject  only  to  appropriation  for  insular  purposes  according  to  law. 

Sec.  18.  That  the  forest  laws  and  regulations  now  in  force  in  the 
Philippine  Islands,  with  such  modifications  and  amendments  as  may 
be  made  by  the  government  of  said  islands,  are  hereby  continued  in 
force,  and  no  timber  lands  forming  part  of  the  public  domain  shall 
be  sold,  leased,  or  entered  until  the  government  of  said  islands,  upon 
the  certification  of  the  forestry  bureau  that  said  lands  are  more  valu- 
able for  agriculture  than  for  forest  uses,  shall  declare  such  lands  so 
certified  to  be  agricultural  in  character:  Provided^  That  the  said 
government  shall  have  the  right  and  is  hereby  empowered  to  issue 
licenses  to  cut,  harvest,  or  collect  timber  or  other  forest  products  on 
reserved  or  unreserved  public  lands  in  said  islands  in  accordance  with 
the  forest  laws  and  regulations  hereinbefore  mentioned  and  under  the 
provisions  of  this  Act,  and  the  said  government  may  lease  land  to  any 
person  or  persons  holding  such  licenses,  sufficient  for  a  mill  site,  not  to 
exceed  four  hectares  in  extent,  and  may  grant  rights  of  way  to  enable 
such  person  or  persons  to  get  access  to  the  lands  to  which  such  licenses 
apply. 

Sec.  19.  That  the  beneficial  use  shall  be  the  basis,  the  measure, 
and  the  limit  of  all  rights  to  water  in  said  islands,  and  the  govern- 
ment of  said  islands  is  hereby  authorized  to  make  such  rules  and 
regulations  for  the  use  of  water,  and  to  make  such  reservations  of 
public  lands  for  the  protection  of  the  water  supply,  and  for  other 
public  purposes  not  in  conflict  with  the  provisions  of  this  Act,  as  it 
may  deem  best  for  the  public  good. 

MINERAL   LANDS 

Sec.  20.  That  in  all  cases  public  lands  in  the  Philippine  Islands 
valuable  for  minerals  shall  be  reserved  from  sale,  except  as  other- 
wise expressly  directed  by  law. 

Sec.  21.  That  all  valuable  mineral  deposits  in  public  lands  in  the 
Philippine  Islands,  both  surveyed  and  unsurveyed,  are  hereby  de- 
clared to  be  free  and  open  to  exploration,  occupation,  and  purchase, 
and  the  land  in  which  they  are  found  to  occupation  and  purchase,  by 
citizens  of  the  United  States,  or  of  said  Islands:  Providedy  T]\2it 
when- on  any  lands  in  said  islands  entered  and  occupied  as  agricul- 
tural lands  under  the  provisions  of  this  Act,  but  not  patented,  min- 


The  Philippine  Islands^l902  3173 

eral  deposits  have  been  found,  the  working  of  such  mineral  deposits 
is  hereby  forbidden  until  the  person,  association,  or  corporation 
who  or  which  has  entered  and  is  occupying  such  lands  shall  have 
paid  to  the  government  of  said  islands  such  additional  sum  or  sums 
as  will  make  the  total  amount  paid  for  the  mineral  claim  or  claims 
in  which  said  deposits  are  located  equal  to  the  amount  charged  by 
the  government  for  the  same  as  mineral  claims. 

Sec.  22.  That  mining  claims  upon  land  containing  veins  or  lodes 
of  quartz  or  other  rock  in  place  bearing  gold,  silver,  cinnabar,  lead, 
tin,  copper,  or  other  valuable  deposits,  located  after  the  passage  of 
this  Act,  whether  located  by  one  or  more  persons  qualified  to  locate 
the  same  under  the  preceding  section,  shall  be  located  in  the  follow- 
ing manner  and  under  the  following  conditions:  Any  person  so 
qualified  desiring  to  locate  a  mineral  claim  shall,  subject  to  the 
provisions  of  this  Act  with  respect  to  land  which  may  be  used  for 
mining,  enter  upon  the  same  and  locate  a  plot  of  ground  measuring, 
where  possible,  but  not  exceeding,  one  thousand  feet  in  length  by  one 
thousand  feet  in  breadth,  in  as  nearly  as  possible  a  rectangular 
form;  that  is  to  say:  All  angles  shall  be  right  angles,  except  in 
cases  where  a  boundary  line  of  a  previously  surveyed  claim  is  adopted 
as  common  to  both  claims,  but  the  lines  need  not  necessarily  be 
meridional.  In  defining  the  size  of  a  mineral  claim,  it  shall  be 
measured  horizontally,  irrespective  of  inequalities  of  the  surface  of 
the  ground. 

Sec.  23.  That  a  mineral  claim  shall  be  marked  by  two  posts  placed 
as  nearly  as  possible  on  the  line  of  the  ledge  or  vein,  and  the  posts 
i^hall  be  numbered  one  and  two,  and  the  distance  between  posts  num- 
bered one  and  two  shall  not  exceed  one  thousand  feet,  the  line  be- 
tween posts  numbered  one  and  two  to  be  known  as  the  location  line ; 
and  upon  posts  numbered  one  and  two  shall  be  written  the  name  given 
to  the  mineral  claim,  the  name  of  the  locator,  and  the  date  of  the 
location.  Upon  post  numbered  one  there  shall  be  written,  in  addi- 
tion to  the  foregoing,  "  Initial  post,"  the  approximate  compass  bear- 
ing of  post  numbered  two,  and  a  statement  of  the  number  of  feet 
lying  to  the  right  and  to  the  left  of  the  line  from  post  numbered  one 
to  post  numbered  two,  thus :  "  Initial  post.  Direction  of  post  num- 
bered two.     feet  of  this  claim  lie  on  the  right  and feet 

on  the  left  of  the  line  from  number  one  to  number  two  post."  All 
the  particulars  required  to  be  put  on  number  one  and  number  two 
posts  shall  be  furnished  by  the  locator  to  the  provincial  secretary,  or 
such  other  officer  as  by  the  Philippine  government  may  be  described 
as  mining  recorder,  in  writing,  at  the  time  the  claim  is  recorded,  and 
shall  form  a  part  of  the  record  of  such  claim. 

Sec.  24.  That  when  a  claim  has  been  located  the  holder  shall  im- 
mediately mark  the  line  between  posts  numbered  one  and  two  so  that 
it  can  be  distinctly  seen.  The  locator  shall  also  place  a  post  at  the 
point  where  he  has  found  minerals  in  place,  on  which  shall  be  written 
^'  Discovery  post :"  Provided^  That  when  the  claim  is  surveyed  the 
surveyor  shall  be  guided  by  the  records  of  the  claim,  the  sketch  plan 
on  the  back  of  the  declaration  made  by  the  owner  when  the  claim  was 
recorded,  posts  numbered  one  and  two,  and  the  notice  on  number  one, 
the  initial  post. 


3174 


The  Philippine  Islands — 1902 


EXAMPLES  OF  VARIOUS  MODES  OF  LAYING  OUT  CLAIMS 


No.  2  post. 


500' 


500' 


Discovery 
post. 


O 


500' 


500' 


No.  2  post. 
"250^0 


750' 


250' 


C  Discovery  post. 


750' 


600' 


No.  2  post. 

— c — ] 


Discovery 
post. 


O 


No.  1  post. 


No.  1  post. 


No.  1  post. 


400' 


Sec.  25.  That  it  shall  not  be  lawful  to  move  number  one  post,  but 
number  two  post  may  be  moved  by  the  deputy  mineral  surveyor  when 
the  distance  between  posts  numbered  one  and  two  exceeds  one  thou- 
sand feet,  in  order  to  place  number  two  post  one  thousand  feet  from 
number  one  post  on  the  line  of  location.  \Mien  the  distance  between 
posts  numbered  one  and  two  is  less  than  one  thousand  feet  the  deputy 
mineral  surveyor  shall  have  no  authority  to  extend  the  claim  beyond 
number  two. 

Sec.  26.  That  the  ''  location  line  ''  shall  govern  the  direction. of  one 
side  of  the  claim,  upon  which  the  surve}^  shall  be  extended  according 
to  this  Act. 

Sec.  27.  That  the  holder  of  a  mineral  claim  shall  be  entitled 
to  all  minerals  which  may  lie  within  his  claim,  but  he  shall  not  be 
entitled  to  mine  outside  the  boundary  lines  of  his  claim  continued 
vertically  downward:  Provided,  That  this  Act  shall  not  prejudice 
the  rights  of  claim  owners  nor  claim  holders  whose  claims  have  been 
located  under  existing  laws  prior  to  this  Act. 

Sec.  28.  That  no  mineral  claim  of  the  full  size  shall  be  recorded 
without  the  ap^olication  being  accompanied  by  an  affidavit  made  b}^ 
the  applicant  or  some  person  on  his  behalf  cognizant  of  the  facts — 
that  the  legal  notices  and  posts  have  been  put  up ;  that  mineral  has 
been  found  in  place  on  the  claim  proposed  to  be  recorded;  that  the 
ground  applied  for  is  unoccupied  by  any  other  person.  In  the  said 
declaration  shall  be  set  out  the  name  of  the  applicant  and  the  date  of 
the  location  of  the  claim.  The  words  written  on  the  number  one  and 
number  two  posts  shall  be  set  out  in  full,  and  as  accurate  a  description 
as  possible  of  the  position  of  the  claim  given  with  reference  to  some 
natural  object  or  permanent  monuments. 

Sec.  29.  That  no  mineral  claim  which  at  the  date  of  its  record  is 
l^nown  by  the  locator  to  be  less  than  a  full-sized  mineral  claim  shall  be 
recorded  without  the  word  "  fraction  "  being  added  to  the  name  of 
the  claim,  and  the  application  being  accompanied  by  an  affidavit  or 
solemn  declaration  made  by  the  applicant  or  some  person  on  his 
behalf  cognizant  of  the  facts :  That  the  legal  posts  and  notices  have 


The  Philippine  Islands— 1902  3175 

been  put  up ;  that  mineral  has  been  found  in  place  on  the  fractional 
claim  proposed  to  be  recorded ;  that  the  ground  applied  for  is  unoccu- 
pied by  any  other  person.  In  the  said  declaration  shall  be  set  out  the 
name  of  the  applicant  and  the  date  of  the  location  of  the  claim.  The 
words  written  on  the  posts  numbered  one  and  two  shall  be  set  out 
in  full,  and  as  accurate  a  description  as  possible  of  the  position  of  the 
claim  given.  A  sketch  plan  shall  be  drawn  by  the  applicant  on  the 
back  of  the  declaration,  showing  as  near  as  may  be  the  position  of  the 
adjoining  mineral  claims  and  the  shape  and  size,  expressed  in  feet,  of 
the  claim  or  fraction  desired  to  be  recorded:  P7'ovided,  That  the 
failure  on  the  part  of  the  locator  of  a  mineral  claim  to  comply  with 
any  of  the  foregoing  provisions  of  this  section  shall  not  be  deemed  to 
invalidate  such  location,  if  upon  the  facts  it  shall  appear  that  such 
locator  has  actually  discovered  mineral  in  place  on  said  location,  and 
that  there  has  been  on  his  part  a  bona  fide  attempt  to  comply  with  the 
provisions  of  this  Act,  and  that  the  nonobservance  of  the  formalities 
hereinbefore  referred  to  is  not  of  a  character  calculated  to  mislead 
other  persons  desiring  to  locate  claims  in  the  vicinity. 

Sec.  30.  That  in  cases  where,  from  the  nature  or  shape  of  the 
ground,  it  is  impossible  to  mark  the  location  line  of  the  claim  as  pro- 
vided by  this  Act  then  the  claim  may  be  marked  by  placing  posts  as 
nearly  as  possible  to  the  location  line,  and  noting  the  distance  and  di- 
rection such  posts  may  be  from  such  location  line,  which  distance  and 
direction  shall  be  set  out  in  the  record  of  the  claim. 

Sec.  31.  That  every  person  locating  a  mineral  claim  shall  record  the 
^ame  with  the  provincial  secretary  or  such  other  officer  as  by  the  gov- 
ernment of  the  Philippine  Islands  ma}^  be  described  as  mining  recorder 
of  the  district  within  which  the  same  is  situate,  within  thirty  days 
after  the  location  thereof.  Such  record  shall  be  made  in  a  book  to  be 
kept  for  the  purpose  in  the  office  of  the  said  provincial  secretary 
or  such  other  officer  as  by  said  government  described  as  mining 
recorder,  in  which  shall  be  inserted  the  name  of  the  claim,  the  name  of 
each  locator,  the  locality  of  the  mine,  the  direction  of  the  location  line, 
the  length  in  feet,  the  date  of  location,  and  the  date  of  the  record. 
A  claim  which  shall  not  have  been  recorded  within  the  prescribed 
period  shall  be  deemed  to  have  been  abandoned. 

Sec.  32.  That  in  case  of  ^ny  dispute  as  to  the  location  of  a  mineral 
claim  the  title  to  the  claim  shall  be  recognized  according  to  the  pri- 
ority of  such  location,  subject  to  any  question  as  to  the  validity  of  the 
record  itself  and  subject  to  the  holder  having  complied  witli  all  the 
terms  and  conditions  of  this  Act. 

Sec.  33.  That  no  holder  shall  be  entitled  to  hold  in  his,  its,  or  their 
own  name  or  in  the  name  of  any  other  person,  corporation,  or  asso- 
ciation more  than  one  mineral  claim  on  the  same  vein  or  lode. 

Sec.  34.  That  a  holder  may  at  any  time  abandon  any  mineral  claim 
by  giving  notice,  in  writing,  of  such  intention  to  abandon,  to  the 
provincial  secretary  or  such  other  officer  as  by  the  government  of  the 
Philippine  Islands  may  be  described  as  mining  recorder;  and  from 
the  date  of  the  record  of  such  notice  all  his  interest  in  such  claim 
shall  cease. 

Sec.  35.  That  proof  of  citizenship  under  the  clauses  of  this  Act 
relating  to  mineral  lands  may  consist,  in  the  case  of  an  individual,  of 
his  own  affidavit  thereof;  in  the  case  of  an  association  of  persons  un- 
incorporated, of  the  affidavit  of  their  authorized  agent,  made  on  his 


3176  The  Philippine  Islands— 1902 

own  knowledge  or  upon  information  and  belief;  and  in  the  case  of  a 
corporation  organized  under  the  laws  of  the  United  States,  or  of  any 
State  or  Territory  thereof,  or  of  the  Philippine  Islands,  by  the  filing 
of  a  certified  copy  of  their  charter  or  certificate  of  incorporation. 

Sec.  36.  That  the  United  States  Philippine  Commission  or  its  suc- 
cessors may  make  regulations,  not  in  conflict  with  the  provisions  of 
this  Act,  governing  the  location,  manner  of  recording,  and  amount  of 
work  necessary  to  hold  possession  of  a  mining  claim,  subject  to  the 
following  requirements : 

On  each  claim  located  after  the  passage  of  this  Act,  and  until  a 
patent  has  been  issued  therefor,  not  less  than  one  hundred  dollars' 
worth  of  labor  shall  be  performed  or  improvements  made  during  each 
year :  Provided,  That  upon  a  failure  to  comply  with  these  conditions 
the  claim  or  mine  upon  which  such  failure  occurred  shall  be  open  to 
relocation  in  the  same  manner  as  if  no  location  of  the  same  had  ever 
been  made,  provided  that  the  original  locators,  their  heirs,  assigns,  or 
legal  representatives  have  not  resumed  work  upon  the  claim  after 
failure  and  before  such  location.  Upon  the  failure  of  any  one  of 
several  coowners  to  contribute  his  proportion  of  the  expenditures  re- 
quired thereby,  the  coowners  who  have  performed  the  labor  or  made 
the  improvements  may,  at  the  expiration  of  the  year,  give  such  delin- 
quent coowner  personal  notice  in  writing,  or  notice  by  publication  in 
the  newspaper  published  nearest  the  claim,  and  in  two  newspapers 
published  at  Manila,  one  in  the  English  language  and  the  other  in 
the  Spanish  language,  to  be  designated  by  the  chief  of  the  Philip- 
pine insular  bureau  of  public  lands,  for  at  least  once  a  week  for 
ninety  days,  and  if,  at  the  expiration  of  ninety  days  after  such  notice 
in  writing  or  by  publication  such  delinquent  shall  fail  or  refuse  to 
contribute  his  proportion  of  the  expenditure  required  by  this  section 
his  interest  in  the  claim  shall  become  the  property  of  his  coowners 
who  have,  made  the  required  expenditures.  The  period  within  which 
the  work  required  to  be  done  annually  on  all  unpatented  mineral 
claims  shall  commence  on  the  first  day  of  January  succeeding  the 
date  of  location  of  such  claim. 

Sec.  37.  That  a  patent  for  any  land  claimed  and  located  for  valu- 
able mineral  deposits  may  be  obtained  in  the  following  manner :  Any 
person,  association,  or  corporation  authorized  to  locate  a  claim  under 
this  Act,  having  claimed  and  located  a  piece  of  land  for  such  pur- 
poses, who  has  or  have  complied  with  the  terms  of  this  Act,  may  file 
in  the  office  of  the  provincial  secretary,  or  such  other  officer  as  by  the 
government  of  said  Islands  may  be  described  as  mining  recorder  of 
the  province  wherein  the  land  claimed  is  located,  an  application  for  a 
patent,  under  oath,  showing  such  compliance,  together  w^ith  a  plat 
and  field  notes  of  the  claim  or  claims  in  common,  made  by  or  under 
the  direction  of  the  chief  of  the  Philippine  insular  bureau  of  public 
lands,  showing  accurately  the  boundaries  of  the  claim,  which  shall  be 
distinctly  marked  by  monuments  on  the  ground,  and  shall  post  a  copy 
of  such  plat,  together  with  a  notice  of  such  application  for  a  patent, 
in  a  conspicuous  place  on  the  land  embraced  in  such  plat  previous  to 
the  filing  of  the  application  for  a  patent,  and  shall  file  an  affidavit  of 
at  least  two  persons  that  such  notice  has  been  duly  posted,  and  shall 
file  a  fcopy  of  the  notice  in  such  office,  and  shall  thereupon  be  entitled 
to  a  patent  for  the  land,  in  the  manner  following :  The  provincial  sec- 
retary, or  such  other  officer  as  by  the  Philippine  government  may  be 


The  Philippine  Islands— 1902  3177 

described  as  mining  recorder,  upon  the  filing  of  such  application,  plat, 
field  notes,  notices,  and  affidavits,  shall  publish  a  notice  that  such  an 
application  has  been  made,  once  a  week  for  the  period  of  sixty  days, 
in  a  newspaper  to  be  by  him  designated  as  nearest  to  such  claim  and 
in  two  newspapers  published  at  Manila,  one  in  the  English  language 
and  once  in  the  Spanish  language,  to  be  designated  by  the  chief  of  the 
Philippine  insular  bureau  of  public  lands ;  and  he  shall  also  post  such 
notice  in  his  office  for  the  same  period.  The  claimant  at  the  time  of 
filing  this  application,  or  at  any  time  thereafter  within  the  sixty  days 
of  publication,  shall  file  with  the  provincial  secretary  or  such  other 
officer  as  by  the  Philippine  government  may  be  described  as  mining 
recorder  a  certificate  of  the  chief  of  the  Philippine  insular  bureau  of 
public  lands  that  five  hundred  dollars'  worth  of  labor  has  been  ex- 
pended or  improvements  made  upon  the  claim  by  himself  or  grantors; 
that  the  plat  is  correct,  with  such  further  description  by  such  refer- 
ence to  natural  objects  or  permanent  monuments  as  shall  identify  the 
claim,  and  furnish  an  accurate  description  to  be  incorporated  in  the 
patent.  At  the  expiration  of  the  sixty  days  of  publication  the  claim- 
ant shall  file  his  affidavit,  showing  that  the  plat  and  notice  have  been 
posted  in  a  conspicuous  place  on  the  claim  during  such  period  of 
publication.  If  no  adverse  claim  shall  have  been  filed  with  the  pro- 
vincial secretary  or  such  other  officer  as  by  the  government  of  said 
islands  may  be  described  as  mining  recorder  at  the  expiration  of  the 
sixty  days  of  publication,  it  shall  be  assumed  that  the  applicant  is 
entitled  to  a  patent  upon  the  payment  to  the  provincial  treasurer  or 
the  collector  of  internal  revenue  of  five  dollars  per  acre  and  that  no 
adverse  claim  exists,  and  thereafter  no  objection  from  third  parties 
to  the  issuance  of  a  patent  shall  be  heard,  except  it  be  shown  that  the 
applicant  has  failed  to  comply  with  the  terms  of  this  Act :  Provided, 
That  where  the  claimant  for  a  patent  is  not  a  resident  of  or  within 
the  province  wherein  the  land  containing  the  vein,  ledge,  or  deposit 
sought  to  be  patented  is  located,  the  application  for  patent  and  the 
affidavits  required  to  be  made  in  this  section  by  the  claimant  for  such 
patent  may  be  made  by  his,  her,  or  its  authorized  agent  where  said 
agent  is  conversant  with  the  facts  sought  to  be  established  by  said 
affidavits. 

Sec.  38.  That  applicants  for  mineral  patents,  if  residing  beyond 
the  limits  of  the  province  or  military  department  wherein  the  claim 
is  situated,  may  make  the  oath  or  affidavit  required  for  proof  of 
citizenship  before  the  clerk  of  any  court  of  record,  or  before  any 
notary  public  of  any  province  of  the  Philippine  Islands,  or  any  other 
official  in  said  islands  authorized  by  law  to  administer  oaths. 

Sec.  30.  That  where  an  adverse  claim  is  filed  during  the  period  of 
publication  it  shall  be  upon  oath  of  the  person  or  persons  making  the 
same,  and  shall  show  the  nature,  boundaries,  and  extent  of  such  ad- 
verse claim,  and  all  proceedings,  except  the  publication  of  notice  and 
making  and  filing  of  the  affidavits  thereof,  shall  be  stayed  until  the 
controversy  shall  have  been  settled  or  decided  by  a  court  of  competent 
jurisdiction  or  the  adverse  claim  waived.  It  shall  be  the  duty  of  the 
adverse  claimant,  within  thirty  days  after  filing  his  claim,  to  com- 
mence proceedings  in  a  court  of  competent  jurisdiction  to  determine 
the  question  of  the  right  of  possession,  and  prosecute  the  same  with 
reasonable  diligence  to  final  judgment,  and  a  failure  so  to  do  shall  be 
a  waiver  of  his  adverse  claim.     After  such  judgment  shall  have  been 


3178  The  Philippine  Islands— 190^ 

rendered  the  party  entitled  to  the  possession  of  the  claim,  or  any  por- 
tion thereof,  may,  without  giving  further  notice,  file  a  certified  copy 
of  the  judgment  roll  with  the  provincial  secretar}^  or  such  other  officer 
as  by  the  government  of  the  Philippine  Islands  may  be  described  as 
mining  recorder,  together  with  the  certificate  of  the  chief  of  the 
Philippine  insular  bureau  of  public  lands  that  the  requisite  amount 
of  labor  has  been  expended  or  improvements  made  thereon,  and  the 
description  required  in  other  cases,  and  shall  pay  to  the  provincial 
treasurer  or  the  collector  of  internal  revenue  of  the  province  in  which 
the  claim  is  situated,  as  the  case  may  be,  five  dollars  per  acre  for  his 
claim,  together  with  the  proper  fees,  whereupon  the  whole  proceedings 
and  the  judgment  roll  shall  be  certified  by  the  provincial  secretary  or 
such  other  officer  as  by  said  government  may  be  described  as  mining 
recorder  to  the  secretary  of  the  interior  of  the  Philippine  Islands, 
and  a  patent  shall  issue  thereon  for  the  claim,  or  such  portion  thereof 
as  the  applicant  shall  appear,  from  the  decision  of  the  court,  rightly 
to  possess.  The  adverse  claim  may  be  verified  by  the  oath  of  any  duly 
authorized  agent  or  attorney  in  fact  of  the  adverse  claimant  cogni- 
zant of  the  facts  stated ;  and  the  adverse  claimant,  if  residing  or  at 
the  time  being  beyond  the  limits  of  the  province  wherein  the  claim  is 
situated,  may  make  oath  to  the  adverse  claim  before  the  clerk  of  any 
court  of  record,  or  any  notary  public  of  any  province  or  military  de- 
partment of  the  Philippine  Islands,  or  any  other  officer  authorized  to 
administer  oaths  where  the  adverse  claimant  may  then  be.  If  it  ap- 
pears from  the  decision  of  the  court  that  several  parties  are  entitled 
to  separate  and  different  portions  of  the  claim,  each  party  may  pay 
for  his  portion  of  the  claim,  with  the  proper  fees,  and  file  the  certifi- 
cate and  description  by  the  chief  of  the  Philippine  insular  bureau  of 
public  lands,  whereupon  the  provincial  secretary  or  such  other  officer 
as  by  the  government  of  said  islands  may  be  described  as  mining  re- 
corder shall  certify  the  proceedings  and  judgment  roll  to  the  secretary 
of  the  interior  for  the  Philippine  Islands,  as  in  the  preceding  case, 
and  patents  shall  issue  to  the  several  parties  according  to  their  re- 
spective rights.  If  in  any  action  brought  pursuant  to  this  section 
title  to  the  ground  in  controversy  shall  not  be  established  by  either 
party,  the  court  shall  so  find,  and  judgment  shall  be  entered  accord- 
ingly. In  such  case  costs  shall  not  be  allowed  to  either  party,  and 
the  claimant  shall  not  proceed  in  the  office  of  the  provincial  secretary 
or  such  other  officer  as  by  the  government  of  said  islands  may  be 
described  as  mining  recorder  or  be  entitled  to  a  patent  for  the  ground 
in  controversy  until  he  shall  have  perfected  his  title.  Nothing  herein 
contained  shall  be  construed  to  prevent  the  alienation  of  a  title  con- 
veyed by  a  patent  for  a  mining  claim  to  any  person  whatever. 

Sec.  40.  That  the  description  of  mineral  claims  upon  surveyed 
lands  shall  designate  the  location  of  the  claim  with  reference  to  the 
lines  of  the  public  surveys,  but  need  not  conform  therewith;  but 
where  a  patent  shall  be  issued  for  claims  upon  unsurveyed  lands  the 
chief  of  the  Philippine  insular  bureau  of  public  lands  in  extending 
the  surveys  shall  adjust  the  same  to  the  boundaries  of  such  patented 
claim  according  to  the  plat  or  description  thereof,  but  so  as  in  no 
case  to  interfere  with  or  change  the  location  of  any  such  patented 
claim.  ^ 

Sec.  41.  That  any  person  authorized  to  enter  lands  under  this  Act 
may  enter  and  obtain  patent  to  lands  that  are  chiefly  valuable  for 


The  Philippine  Islands— 1902  3179 

building  stone  under  the  provisions  of  this  Act  relative  to  placer 
mineral  claims. 

Sec.  42.  That  any  person  authorized  to  enter  lands  under  this  Act 
may  enter  and  obtain  patent  to  lands  containing  petroleum  or  otlier 
mineral  oils  and  chiefly  valuable  therefor  under  the  provisions  of  this 
Act  relative  to  placer  mineral  claims. 

Sec.  43.  That  no  location  of  a  placer  claim  shall  exceed  sixty-four 
hectares  for  any  association  of  persons,  irrespective  of  the  number  of 
persons  composing  such  association,  and  no  such  location  shall  include 
more  than  eight  hectares  for  an  individual  claimant.  Such  loca 
tions  shall  conform  to  the  laws  of  the  United  States  Philippine 
Commission,  or  its  successors,  with  reference  to  public  surveys,  and 
nothing  in  this  section  contained  shall  defeat  or  impair  any  bona 
fide  ownership  of  land  for  agricultural  purposes  or  authorize  the 
sale  of  the  improvements  of  any  bona  fide  settler  to  any  purchaser. 

Sec.  44.  That  where  placer  claims  are  located  upon  surveyed  lands 
and  conform  to  legal  subdivisions,  no  further  survey  or  plat  shall  be 
required,  and  all  placer  mining  claims  located  after  the  date  of 
passage  of  this  Act  shall  conform  as  nearly  as  practicable  to  the 
Philippine  system  of  public-land  surveys  and  the  regular  subdivi- 
sions of  such  surveys;  but  where  placer  claims  can  not  be  conformed 
to  legal  subdivisions,  survey  and  plat  shall  be  made  as  on  unsur- 
veyed  lands;  and  where  by  the  segregation  of  mineral  lands  in  any 
legal  subdivision  a  quantity  of  agricultural  land  less  than  sixteen 
hectares  shall  remain,  such  fractional  portion  of  agricultural  land 
may  be  entered  by  any  party  qualified  by  law  for  homestead  purposes. 

Sec.  45.  That  where  such  person  or  association,  they  and  their 
grantors  have  held  and  worked  their  claims  for  a  period  equal  to  the 
time  prescribed  by  the  statute  of  limitations  of  the  Philippine  Islands, 
evidence  of  such  possession  and  working  of  the  claims  for  such  period 
shall  be  sufficient  to  establish  a  right  to  a  patent  thereto  under  this 
Act,  in  the  absence  of  any  adverse  claim;  but  nothing  in  this  Act 
shall  be  deemed  to  impair  any  lien  which  may  have  attached  in  any 
way  whatever  prior  to  the  issuance  of  a  patent. 

Sec.  46.  That  the  chief  of  the  Philippine  insular  bureau  of  public 
lands  may  appoint  competent  deputy  mineral  surveyors  to  survey 
mining  claims.  The  expenses  of  the  survey  of  vein  or  lode  claims  and 
of  the  survey  of  placer  claims,  together  with  the  cost  of  publication 
of  notices,  shall  be  paid  by  the  applicants,  and  they  shall  be  at  liberty 
to  obtain  the  same  at  the  most  reasonable  rates,  and  they  shall  also  be 
at  liberty  to  employ  any  such  deputy  mineral  surveyor  to  make  the 
survey.  The  chief  of  the  Philippine  insular  bureau  of  public  lands 
shall  also  have  power  to  establish  the  maximum  charges  for  surveys 
and  publication  of  notices  under  this  xVct;  and  in  case  of  excessive 
charges  for  publication  he  may  designate  any  newspaper  published 
in  a  province  where  mines  are  situated,  or  in  Manila,  for  the  publi- 
cation of  mining  notices  and  fix  the  rates  to  be  charged  by  such 
paper;  and  to  the  end  that  the  chief  of  the  bureau  of  public  lands 
may  be  fully  informed  on  the  subject  such  applicant  shall  file  with 
the  provincial  secretary,  or  such  other  officer  as  by  the  government 
of  the  Philippine  Islands  may  be  described  as  mining  recorder,  a 
sworn  statement  of  all  charges  and  fees  paid  by  such  applicant  for 
publication  and  surveys,  and  of  all  fees  and  money  paid  the  provin- 
cial treasurer  or  the  collector  of  internal  revenue,  as  the  case  may  be, 


3180  The  Philippine  Islands— 1902 

which  statement  shall  be  transmitted,  with  the  other  papers  in  the 
case,  to  the  secretary  of  the  interior  for  the  Philippine  Islands. 

Sec.  47.  That  all  affidavits  required  to  be  made  under  this  Act  may 
be  verified  before  any  officer  authorized  to  administer  oaths  within 
the  province  or  military  department  where  the  claims  may  be  situ- 
ated, and  all  testimony  and  proofs  may  be  taken  before  any  such 
officer,  and,  when  duly  certified  by  the  officer  taking  the  same,  shall 
have  the  same  force  and  effect  as  if  taken  before  the  proper  provin- 
cial secretary  or  such  other  officer  as  by  the  government  of  the  Philip- 
pine Islands  may  be  described  as  mining  recorder.  In  cases  of  con- 
test as  to  the  mineral  or  agricultural  character  of  land  the  testimony 
and  proofs  may  be  taken  as  herein  provided  on  personal  notice  of  at 
least  ten  days  to  the  opposing  party;  or  if  such  party  can  not  be 
found,  then  by  publication  at  least  once  a  week  for  thirty  days  in  a 
newspaper  to  be  designated  by  the  provincial  secretary  or  such  other 
officer  as  by  said  government  may  be  described  as  mining  recorder 
published  nearest  to  the  location  of  such  land  and  in  two  ncAvspapers 
published  in  Manila,  one  in  the  English  language  and  one  in  the 
Spanish  language,  to  be  designated  by  the  chief  of  the  Philippine 
insular  bureau  of  public  lands ;  and  the  provincial  secretary  or  such 
other  officer  as  by  said  government  may  be  described  as  mining 
recorder  shall  require  proofs  that  such  notice  has  been  given. 

Sec.  48.  That  w^here  nonmineral  land  not  contiguous  to  the  vein  or 
lode  is  used  or  occupied  by  the  proprietor  of  such  vein  or  lode  for 
mining  or  milling  purposes,  such  nonadjacent  surface  ground  may  be 
embraced  and  included  in  an  applicatioin  for  a  patent  for  such  vein 
or  lode,  and  the  same  may  be  patented  therewith,  subject  to  the  same 
preliminary  requirements  as  to  survey  and  notice  as  are  applicable  to 
veins  or  lodes;  but  no  location  of  such  nonadjacent  land  shall  exceed 
two  hectares,  and  payment  for  the  same  must  be  made  at  the  same 
rate  as  fixed  by  this  Act  for  the  superficies  of  the  lode.  The  owner 
of  a  quartz  mill  or  reduction  works  not  owning  a  mine  in  connection 
therewith  may  also  receive  a  patent  for  his  mill  site  as  provided  in 
this  section. 

Sec.  49.  That  as  a  condition  of  sale  the  Government  of  the  Philip- 
pine Islands  may  provide  rules  for  working,  policing,  and  sanitation 
of  mines, .  and  rules  concerning  easements,  drainage,  Avater  rights^ 
right  of  way,  right  of  Government  survey  and  inspection,  and  other 
necessary  means  to  their  complete  dcA^elopment  not  inconsistent  with 
the  provisions  of  this  Act,  and  those  conditions  shall  be  fully  ex- 
presf^ed  in  the  patent.  The  Philippine  Commission  or  its  successors 
are  hereby  further  empoAvered  to  fix  the  bonds  of  deputy  mineral 
surveyors. 

Sec.  50.  That  Avhenever  by  priority  of  possession  rights  to  the  use 
of  Avater  for  mining,  agricultural,  manufacturing,  or  other  purposes 
haA^e  vested  and  accrued  and  the  same  are  recognized  and  acknowl- 
eged  by  the  local  customs,  laAvs,  and  the  decisions  of  courts,  the  pos- 
sessors and  OAvners  of  such  vested  rights  shall  be  maintained  and  pro- 
tected in  the  same,  and  the  right  of  way  for  the  construction  of  ditches 
and  canals  for  the  purposes  herein  specified  is  acknowledged  and  con- 
firmed, but  AA^hencA^er  any  person,  in  the  construction  of  any  ditch 
or  canal,  injures  or  damages  the  possession  of  any  settler  on  the  public 
domain,  the  party  committing  such  injury  or  damage  shall  be  liable 
to  the  party  injured  for  such  injury  or  damage. 


The  Philippine  Islands— 1902  3181 

Sec.  51.  That  all  patents  granted  shall  be  subject  to  any  vested  and 
accrued  water  rights,  or  rights  to  ditches  and  reservoirs  used  in  con- 
nection with  such  water  rights  as  may  have  been  acquired  under  or 
recognized  by  the  preceding  section. 

Sec.  52.  That  the  Government  of  the  Philippine  Islands  is  author- 
ized to  establish  land  districts  and  provide  for  the  appointment  of  the 
necessary  officers  wherever  they  may  deem  the  same  necessary  for  the 
public  convenience,  and  to  further  provide  that  in  districts  where 
land  offices  are  established  proceedings  required  by  this  Act  to  be 
had  before  provincial  officers  shall  be  had  before  the  proper  officers  of 
such  land  offices. 

Sec.  53.  That  every  person  above  the  age  of  twenty-one  years,  who 
is  a  citizen  of  the  United  States,  or  of  the  Philippine  Islands,  or  who 
has  acquired  the  rights  of  a  native  of  said  islands  under  and  by  virtue 
of  the  treaty  of  Paris,  or  any  association  of  persons  severally  quali- 
fied as  above,  shall,  upon  application  to  the  proper  provincial  treas- 
urer, have  the  right  to  enter  any  quantity  of  vacant  coal  lands  of  said 
Islands  not  otherwise  appropriated  or  reserved  by  competent  author- 
ity, not  exceeding  sixty-four  hectares  to  such  individual  person,  or 
one  hundred  and  twenty-eight  hectares  to  such  association,  upon  pay- 
ment to  the  provincial  treasurer  or  the  collector  of  internal  revenue, 
as  the  case  may  be,  of  not  less  than  tw^enty-five  dollars  per  hectare  for 
such  lands,  where  the  same  shall  be  situated  more  than  fifteen  miles 
from  any  completed  railroad  or  available  harbor  or  navigable  stream, 
and  not  less  than  fifty  dollars  per  hectare  for  such  lands  as  shall  be 
within  fifteen  miles  of  such  road,  harbor,  or  stream :  Provided,  That 
such  entries  shall  be  taken  in  squares  of  sixteen  or  sixty-four  hectares, 
in  conformity  with  the  rules  and  regulations  governing  the  public- 
land  surveys  of  the  said  Islands  in  plotting  legal  subdivisions. 

Sec.  54.  That  any  person  or  association  of  persons,  severally  quali- 
fied as  above  provided,  who  have  opened  and  improved,  or  shall  here- 
after open  and  improve,  any  coal  mine  or  mines  upon  the  public  lands, 
and  shall  be  in  actual  possession  of  the  same,  shall  be  entitled  to  a 
preference  right  of  entry  under  the  preceding  section  of  the  mines  so 
opened  and  improved. 

Sec.  55.  That  all  claims  under  the  preceding  section  must  be  pre- 
sented to  the  proper  provincial  secretary  Avithin  sixty  days  after  the 
date  of  actual  possession  and  the  commencement  of  impovements  on 
the  land  by  the  filing  of  a  declaratory  statement  therefor ;  and  where 
the  improvements  shall  have  been  made  prior  to  the  expiration  of 
three  months  from  the  date  of  the  passage  of  this  Act,  sixty  days  from 
the  expiration  of  such  three  months  shall  be  allowed  for  the  filing  of  a 
declaratory  statement ;  and  no  sale  under  the  provisions  of  this  Act 
shall  be  allowed  until  the  expiration  of  six  months  from  the  date  of 
the  passage  of  this  Act. 

Sec.  50.  That  the  three  preceding  sections  shall  be  held  to  authorize 
only  one  entry  by  the  same  person  or  association  of  persons ;  and  no 
association  of  persons,  any  member  of  which  shall  have  taken  the 
benefit  of  such  sections,  either  as  an  individual  or  as  a  member  of  any 
other  association,  shall  enter  or  hold  any  other  lands  under  the  provi- 
sions thereof;  and  no  member  of  any  association  which  shall  have 
taken  the  benefit  of  such  section  shall  enter  or  hold  any  other  lands 
under  their  provisions;  and  all  persons  claiming  under  section  fifty- 
eight  shall  be  required  to  prove  their  respective  rights  and  pay  for  the 


3182  The  Philippine  Islands— 1902 

lands  filed  upon  within  one  year  from  the  time  prescribed  for  filing 
their  respective  claims;  and  upon  failure  to  file  the  proper  notice  or 
to  pay  for  the  land  within  the  required  period,  the  same  shall  be  sub- 
ject to  entry  by  any  other  qualified  applicant. 

Sec.  57.  That  in  case  of  conflicting  claims  upon  coal  lands  where 
the  improvements  shall  be  commenced  after  the  date  of  the  passage  of 
this  Act,  priority  of  possession  and  improvement,  followed  by  proper 
filing  and  continued  good  faith,  shall  determine  the  preference  right 
to  purchase.  And  also  where  improvements  have  already  been  made 
prior  to  the  passage  of  this  Act,  division  of  the  land  claimed  may  be 
made  by  legal  subdivisions,  which  shall  conform  as  nearly  as  practi- 
cable with  the  subdivisions  of  land  provided  for  in  this  Act,  to  include 
as  near  as  may  be  the  valuable  improvements  of  the  respective  parties. 
The  Government  of  the  Philippine  Islands  is  authorized  to  issue  all 
needful  rules  and  regulations  for  carrying  into  effect  the  provisions 
of  this  and  preceding  Sections  relating  to  mineral  lands. 

Sec.  58.  That  whenever  it  shall  be  made  to  appear  to  the  secretary 
of  any  province  or  the  commander  of  any  military  department  in  the 
Philippine  Islands  that  any  lands  within  the  province  are  saline  in 
character,  it  shall  be  the  duty  of  said  provincial  secretary  or  com- 
mander, under  the  regulations  of  the  Government  of  the  Philippine 
Islands,  to  take  testimony  in  reference  to  such  lands,  to  ascertain  their 
true  character,  and  to  report  the  same  to  the  secretary  of  the  interior 
for  the  Philippine  Islands;  and  if,  upon  such  testimony,  the  secretary 
of  the  interior  shall  find  that  such  lands  are  saline  and  incapable  of 
being  purchased  under  any  of  the  laws  relative  to  the  public  domain, 
then  and  in  such  case  said  lands  shall  be  offered  for  sale  at  the  office 
of  the  provincial  secretary  or  such  other  officer  as  by  the  said  govern- 
ment may  be  described  as  mining  recorder  of  the  province  or  depart- 
ment in  which  the  same  shall  be  situated,  as  the  case  may  be,  under 
such  regulations  as  may  be  prescribed  by  said  Government  and  sold  to 
the  higliest  bidder,  for  cash,  at  a  price  of  not  less  than  three  dollars 
per  hectare;  and  in  case  such  lands  fail  to  sell  when  so  offered,  then 
the  same  shall  be  subject  to  private  sale  at  such  office,  for  cash,  at  a 
price  not  less  than  three  dollars  per  hectare,  in  the  same  manner  as 
other  lands  in  the  said  Islands  are  sold.  All  executive  proclamations 
relating  to  the  sales  of  public  saline  lands  shall  be  published  in  only 
two  newspapers,  one  printed  in  the  English  language  and  one  in  the 
Spanish  language,  at  Manila,  which  shall  be  designated  by  said  secre- 
tary of  the  interior. 

Sec.  59.  That  no  Act  granting  lands  to  provinces,  districts,  or 
municipalities  to  aid  in  the  construction  of  roads,  or  for  other  public 
purposes,  shall  be  so  construed  as  to  embrace  mineral  lands,  which,  in 
all  cases,  are  reserved  exclusively,  unless  otherwise  specially  provided 
in  the  Act  or  Acts  making  the  grant. 

Sec.  60.  That  nothing  in  this  Act  shall  be  construed  to  affect  the 
rights  of  any  person,  partnership,  or  corporation  having  a  valid, 
perfected  mining  concession  granted  prior  to  April  eleventh,  eight- 
een hundred  and  ninety-nine,  but  all  such  concessions  shall  be  con- 
ducted under  the  provisions  of  the  law  in  force  at  the  time  they  were 
granted,  subject  at  all  times  to  cancellation  by  reason  of  illegality 
in  the,  procedure  by  which  they  were  obtained,  or  for  failure  to 
comply  with  the  conditions  prescribed  as  requisite  to  their  retention 


The  Philippine  Islands— 1902  3183 

in  the  laws  under  which  they  were  granted :  Provided,  That  the  owner 
or  owners  of  every  such  concession  shall  cause  the  corners  made  by 
its  boundaries  to  be  distinctly  marked  with  permanent  monuments 
within  six  months  after  this  Act  has  been  promulgated  in  the 
Philippine  Islands,  and  that  any  concessions  the  boundaries  of  which 
are  not  so  marked  within  this  period  shall  be  free  and  open  to  ex- 
ploration and  purchase  under  the  provisions  of  this  Act. 

Sec.  61.  That  mining  rights  on  public  lands  in  the  Philippine 
Islands  shall,  after  the  passage  of  this  Act,  be  acquired  only  in 
accordance  with  its  provisions. 

Sec.  62.  That  all  proceedings  for  the  cancellation  of  perfected 
Spanish  concessions  shall  be  conducted  in  the  courts  of  the  Philippine 
Islands  having  jurisdiction  of  the  subject-matter  and  of  the  parties, 
unless  the  United  States  Philippine  Commission,  or  its  successors,  shall 
create  special  tribunals  for  the  determination  of  such  controversies. 

AUTHORITY  FOR  THE  PHILIPPINE  ISLANDS  GOVERNMENT  TO  PURCHASE 
LANDS  OF  RELIGIOUS  ORDERS  AND  OTHERS  AND  ISSUE  BONDS  FOR  PUR- 
CHASE  PRICE 

Sec.  63.  That  the  government  of  the  Pliilippine  Islands  is  hereby 
authorized,  subject  to  the  limitations  and  conditions  prescribed  in 
this  Act,  to  acquire,  receive,  hold,  maintain,  and  convey  title  to  real 
and  personal  property,  and  may  acquire  real  estate  for  public  uses 
by  the  exercise  of  the  right  of  eminent  domain. 

Sec.  64.  That  the  powers  hereinbefore  conferred  in  sections  sixty- 
three  may  also  be  exercised  in  respect  of  any  lands,  easements,  ap- 
purtenances, and  hereditaments  which,  on  the  thirteenth  of  August, 
eighteen  hundred  and  ninety-eight,  were  owned  or  held  by  associa- 
tions, corporations,  communities,  religious  orders,  or  private  indi- 
viduals in  such  large  tracts  or  parcels  or  in  such  manner  as  in  the 
opinion  of  the  Commission  injuriously  to  affect  the  peace  and  wel- 
fare of  the  people  of  the  Philippine  Islands.  And  for  the  purpose  of 
providing  funds  to  acquire  the  lands  mentioned  in  this  section  said 
government  of  the  Philippine  Islands  is  hereby  empowered  to  incur 
indebtedness,  to  borrow  money,  and  to  issue,  and  to  sell  at  not  less 
than  par  value,  in  gold  coin  of  the  United  States  of  the  present 
standard  value  or  the  equivalent  in  value  in  money  of  said  Islands, 
upon  such  terms  and  conditions  as  it  may  deem  best,  registered  or 
coupon  bonds  of  said  government  for  such  amount  as  may  be  neces- 
sary, said  bonds  to  be  in  denominations  of  fifty  dollars  or  any 
multiple  thereof,  bearing  interest  at  a  rate  not  exceeding  four  and 
a  half  per  centum  per  annum,  payable  quarterly,  and  to  be  payable 
at  the  pleasure  of  said  government  after  dates  named  in  said  bonds 
not  less  than  five  nor  more  than  thirty  years  from  the  date  of  their 
issue,  together  with  interest  thereon,  in  gold  coin  of  the  United  States 
of  the  present  standard  value  or  the  equivalent  in  A^alue  in  money  of 
said  Islands;  and  said  bonds  shall  be  exempt  from  the  payment  of 
all  taxes  or  duties  of  said  government,  or  any  local  authority  therein, 
or  of  the  (lovernment  of  the  United  States,  as  well  as  from  taxation 
in  any  form  by  or  under  State,  municipal,  or  local  authority  in  the 
United  States  or  the  Philippine  Islands.  The  moneys  which  may  be 
realized  or  received  from  the  issue  and  sale  of  said  bonds  shall  be  ap- 


3184  The  Philippine  Islands— 1902 

plied  by  the  government  of  the  Philippine  Islands  to  the  acquisition 
of  the  property  authorized  by  this  section,  and  to  no  other  purposes. 
Sec.  65.  That  all  lands  acquired  by  virtue  of  the  preceding  section 
shall  constitute  a  part  and  portion  of  the  public  property  of  the  gov- 
ernment of  the  Philippine  Islands,  and  may  be  held,  sold,  and  con- 
veyed, or  leased  temporarily  for  a  period  not  exceeding  three  years 
after  their  acquisition  by  said  government  on  such  terms  and  condi- 
tions as  it  may  prescribe,  subject  to  the  limitations  and  conditions 
provided  for  in  this  Act :  Provided,  That  all  deferred  payments  and 
the  interest  thereon  shall  be  payable  in  the  money  prescribed  for  the 
payment  of  principal  and  interest  of  the  bonds  authorized  to  be 
issued  in  payment  of  said  lands  by  the  preceding  section  and  said 
deferred  payments  shall  bear  interest  at  the  rate  borne  by  the  bonds. 
All  moneys  realized  or  received  from  sales  or  other  disposition  of 
said  lands  or  by  reason  thereof  shall  constitute  a  trust  fund  for  the 
payment  of  principal  and  interest  of  said  bonds,  and  also  constitute 
a  sinking  fund  for  the  payment  of  said  bonds  at  their  maturity. 
Actual  settlers  and  occupants  at  the  time  said  lands  are  acquired  by 
the  government  shall  have  the  preference  over  all  others  to  lease, 
purchase,  or  acquire  their  holdings  within  such  reasonable  time  as 
may  be  determined  by  said  government. 

MUNICIPAL   BONDS   FOR   PUBLIC    IMPROVEMENTS 

Sec.  66.  That  for  the  purpose  of  providing  funds  to  construct 
sewers,  to  furnish  adequate  sewer  and  drainage  facilities,  to  secure 
a  sufficient  supply  of  water,  and  to  provide  all  kinds  of  municipal 
betterments  and  improvements  in  municipalities,  the  government  of 
the  Philippine  Islands,  under  such  limitations,  terms,  and  conditions 
as  it  may  prescribe,  with  the  consent  and  approval  of  the  President 
and  the  Congress  of  the  United  States,  may  permit  any  municipality 
of  said  islands  to  incur  indebtedness,  borrow  money,  and  to  issue  and 
sell  (at  not  less  than  par  value  in  gold  coin  of  the  United  States) 
registered  or  coupon  bonds  in  such  amount  and  payable  at  such  time 
as  may  be  determined  by  the  government  of  said  islands,  with  inter- 
est thereon  not  to  exceed  five  per  centum  per  annum :  Provided,  That 
the  entire  indebtedness  of  any  municipality  under  this  section  shall 
not  exceed  five  per  centum  of  the  assessed  valuation  of  the  property 
in  said  municipality,  and  any  obligation  in  excess  of  such  limit  shall 
be  null  and  void. 

Sec.  67.  That  all  municipal  bonds  shall  be  in  denominations  of  fifty 
dollars,  or  any  multiple  thereof,  bearing  interest  at  a  rate  not  exceed- 
ing five  per  centum  per  annum,  payable  quarterly,  such  bonds  to  be 
payable  at  the  pleasure  of  the  government  of  the  Philippine  Islands, 
after  dates  named  in  said  bonds  not  less  than  five  nor  more  than 
thirty  years  from  the  date  of  their  issue,  together  with  the  interest 
thereon,  in  gold  coin  of  the  United  States  of  the  present  standard 
value,  or  its  equivalent  in  value  in  money  of  the  said  Islands;  and 
said  bonds  shall  be  exempt  from  the  payment  of  all  taxes  or  duties 
of  the  government  of  the  Philippine  Islands,  or  any  local  authority 
therein,  or  the  Government  of  the  United  States. 

Sec.  68.  That  all  moneys  which  may  be  realized  or  received  from 
the  issue  and  sale  of  said  iDonds  shall  be  utilized  under  authorization 


The  Philippine  Islands— 1902  3185 

of  the  government  of  the  Philippine  Islands  in  providing  the  munici- 
pal improvements  and  betterment  which  induced  the  issue  and  sale  of 
said  bonds,  and  for  no  other  purpose. 

Sec.  G9.  That  the  government  of  the  Philippine  Islands  shall,  by 
the  levy  and  collection  of  taxes  on  the  municipality,  its  inhabitants 
and  their  property,  or  by  other  means,  make  adequate  provision  to 
meet  the  obligation  of  the  bonds  of  such  municipality,  and  shall  create 
a  sinking  fund  sufficient  to  retire  them  and  pay  the  interest  thereon  in 
accordance  with  the  terms  of  issue:  Provided^  That  if  said  bonds 
or  any  portion  thereof  shall  be  paid  out  of  the  funds  of  the  govern- 
ment of  said  islands,  such  municipality  shall  reimburse  said  govern- 
ment for  the  sum  thus  paid,  and  said  government  is  hereby  empowered 
to  collect  said  sum  by  the  levy  and  collection  of  taxes  on  such  munici- 
pality. 

Sec.  70.  That  for  the  purpose  of  providing  funds  to  construct 
sewers  in  the  city  of  Manila  and  to  furnish  it  with  an  adequate  sewer 
and  drainage  system  and  supply  of  water  the  government  of  the 
Philippine  Islands,  with  the  approval  of  the  President  of  the  United 
States  first  had,  is  hereby  authorized  to  permit  the  city  of  Manila  to 
incur  indebtedness,  to  borrow  money,  and  to  issue  and  sell  (at  not  less 
than  par  value  in  gold  coin  of  the  United  States),  upon  such  terms 
and  conditions  as  it  may  deem  best,  registered  or  coupon  bonds  of  the 
city  of  Manila  to  an  amount  not  exceeding  four  million  dollars  lawful 
money  of  the  United  States,  payable  at  such  time  or  times  as  may  be 
determined  by  said  government,  with  interest  thereon  not  to  exceed 
five  per  centum  per  annum. 

Sec.  71.  That  said  coupon  or  registered  bonds  shall  be  in  denomi- 
nations of  fifty  dollars  or  any  multiple  thereof,  bearing  interest  at  a 
rate  not  exceeding  five  per  centum  per  annum,  payable  quarterly,  such 
bonds  to  be  payable  at  the  pleasure  of  the  government  of  the  Philip- 
pine Islands,  after  dates  named  in  said  bonds  not  less  than  ^\^  nor 
more  than  thirty  years  from  the  date  of  their  issue,  together  with  the 
interest  thereon  in  gold  coin  of  the  United  States  of  the  present  stand- 
ard value,  or  the  equivalent  in  value  in  money  of  the  said  Islands; 
and  said  bonds  shall  be  exempt  from  the  payment  of  all  taxes  or 
duties  of  the  government  of  the  said  Islands,  or  of  any  local  authoritv 
therein,  or  of  the  Government  of  the  United  States. 

Sec.  72.  That  all  moneys  which  may  be  realized  or  received  from 
the  issue  and  sale  of  said  bonds  shall  be  utilized  under  authorization 
of  said  government  of  the  Philippine  Islands  in  providing  a  suitable 
sewer  and  drainage  system  and  adequate  supply  of  water  for  the  city 
of  Manila  and  for  no  other  purpose. 

Sec.  73.  That  the  government  of  the  Philippine  Islands  shall,  by 
the  levy  and  collection  of  taxes  on  the  city  of  Manila,  its  inhabitants 
and  their  property,  or  by  other  means,  make  adequate  provision  to 
meet  the  obligation  of  said  bonds  and  shall  create  a  sinking  fund 
sufficient  to  retire  them  and  pay  the  interest  thereon  in  accordance 
with  the  terms  of  issue:  Provided,  That  if  said  bonds  or  any  portion 
thereof  shall  be  paid  out  of  the  funds  of  the  government  of  said 
islands,  said  city  shall  reimburse  said  government  for  the  sum  thus 
paid,  and  said  government  is  hereby  empowered  to  collect  said  sum 
by  the  levy  and  collection  of  taxes  on  said  city. 


3186  The  Philippine  Islands— 190^ 


FRANCHISES 


Sec.  74.  That  the  government  of  the  Philippine  Islands  may  grant 
franchises,  privileges,  and  concessions,  including  the  authority  to  ex- 
ercise the  right  of  eminent  domain  for  the  construction  and  opera- 
tion of  works  of  public  utility  and  service,  and  may  authorize  said 
works  to  be  constructed  and  maintained  over  and  across  the  public 
property  of  the  United  States,  including  streets,  highways,  squares, 
and  reservations,  and  over  similar  property  of  the  government  of  said 
Islands,  and  may  adopt  rules  and  regulations  imder  which  the  pro- 
vincial and  municipal  governments  of  the  islands  may  grant  the  right 
to  use  and  occupy  such  public  property  belonging  to  said  provinces  or 
municipalities:  Provided^  That  no  private  property  shall  be  taken 
for  any  purpose  under  this  section  without  just  compensation  paid 
or  tendered  therefor,  and  that  such  authority  to  take  and  occupy  land 
shall  not  authorize  the  taking,  use,  or  occupation  of  any  land  except 
such  as  is  required  for  the  actual  necessary  purposes  for  which  the 
franchise  is  granted,  and  that  no  franchise,  privilege,  or  concession 
shall  be  granted  to  any  corporation  except  under  the  conditions  that 
it  shall  be  subject  to  amendment,  alteration,  or  repeal  by  the  Congress 
of  the  United  States,  and  that  lands  or  rights  of  use  and  occupation 
of  lands  thus  granted  shall  revert  to  the  governments  by  which  they 
were  respectively  granted  upon  the  termination  of  the  franchises  and 
concessions  under  which  they  were  granted  or  upon  their  revocation 
or  repeal.  That  all  franchises,  privileges,  or  concessions  granted 
under  this  Act  shall  forbid  the  issue  of  stock  or  bonds  except  in  ex- 
change for  actual  cash,  or  for  property  at  a  fair  valuation,  equal  to 
the  par  value  of  the  stock  or  bonds  so  issued ;  shall  forbid  the  declar- 
ing of  stock  or  bond  dividends,  and,  in  the  case  of  public-service 
corporations,  shall  provide  for  the  effective  regulation  of  the  charges 
thereof,  for  the  official  inspection  and  regulation  of  the  books  and  ac- 
counts of  such  corporations,  and  for  the  payment  of  a  reasonable 
percentage  of  gross  earnings  into  the  treasury  of  the  Philippine 
Islands  or  of  the  province  or  municipality  within  which  such  fran- 
chises are  granted  and  exercised :  Provided  further^  That  it  shall  be 
unlawful  for  any  corporation  organized  under  this  Act,  or  for  any 
person,  company,  or  corporation  receiving  any  grant,  franchise,  or 
concession  from  the  government  of  said  Islands,  to  use,  employ,  or 
contract  for  the  labor  of  persons  claimed  or  alleged  to  be  held  in 
involuntary  servitude;  and  any  person,  company,  or  corporation  so 
violating  the  provisions  of  this  Act  shall  forfeit  all  charters,  grants, 
franchises,  and  concessions  for  doing  business  in  said  Islands,  and  in 
addition  shall  be  deemed  guilty  of  an  offense,  and  shall  be  punished 
by  a  fine  of  not  less  than  ten  thousand  dollars. 

Sec.  75.  That  no  corporation  shall  be  authorized  to  conduct  the 
business  of  buying  and  selling  real  estate  or  be  permitted  to  hold  or 
own  real  estate  except  such  as  may  be  reasonably  necessary  to  enable 
it  to  carry  out  the  purposes  for  which  it  is  created,  and  every  corpora- 
tion authorized  to  engage  in  agriculture  shall  by  its  charter  be 
restricted  to  the  ownership  and  control  of  not  to  exceed  one  thousand 
and  twenty-four  hectares  of  land;  and  it  shall  be  unlawful  for  any 
member  of  a  corporation  engaged  in  agriculture  or  mining  and  for 
any  corporation  organized  for  any  purpose  except  irrigation  to  be 
in  any  wise  interested  in  any  other  corporation  engaged  in  agricul- 


The  Philippine  Islands— 1902  3187 

ture  or  in  mining.  Corporations,  however,  may  loan  funds  upon 
real-estate  security  and  purchase  real  estate  when  necessary  for  the 
collection  of  loans,  but  they  shall  dispose  of  real  estate  so  obtained 
within  five  years  after  receiving  the  title.  Corporations  not  organ- 
ized in  the  Philippine  Islands,  and  doing  business  therein,  shall  be 
bound  by  the  provisions  of  this  section  so  far  as  they  are  applicable. 

COINAGE 

Sec.  76.  That  the  government  of  the  Philippine  Islands  is  hereby 
authorized  to  establish  a  mint  at  the  city  of  Manila,  in  said  islands, 
for  coinage  purposes,  and  the  coins  hereinafter  authorized  may  be 
coined  at  said  mint.  And  the  said  government  is  hereby  authorized 
to  enact  laws  necessary  for  such  establishment:  Provided^  That  the 
laws  of  the  United  States  relating  to  mints  and  coinage,  so  far  as 
applicable,  are  hereby  extended  to  the  coinage  of  said  islands. 

Sec.  77.  That  the  government  of  the  Philippine  Islands  is  author- 
ized to  coin,  for  use  in  said  islands,  a  coin  of  the  denomination  of 
fifty  centavos  and  of  the  weight  of  one  hundred  and  ninety-two  and 
nine-tenth  grains,  a  coin  of  the  denomination  of  twenty  centavos  and 
of  the  weight  of  seventy-seven  and  sixteen  one-hundredths  grains, 
and  a  coin  of  the  denomination  of  ten  centavos  and  of  the  weight  of 
thirty-ei^ht  and  fifty -eight  one-hundredths  grains,  and  the  standard 
of  said  silver  coins  shall  be  such  that  of  one  thousand  parts  by  weight 
nine  hundred  shall  be  of  pure  metal  and  one  hundred  of  alloy,  and 
the  alloy  shall  be  of  copper. 

Sec.  78.  That  the  subsidiary  silver  coins  authorized  by  the  preced- 
ing section  shall  be  coined  under  the  authority  of  tlie  government  of 
the  Philippine  Islands  in  such  amounts  as  it  may  determine,  with  the 
approval  of  the  Secretary  of  War  of  the  United  States,  from  silver 
bullion  purchased  b}^  said  government,  with  the  approval  of  the  Sec- 
retary of  War  of  the  United  States:  Provided,  That  said  government 
may  in  addition  and  in  its  discretion  recoin  the  Spanish  Filipino  dol- 
lars and  subsidiary  silver  coins  issued  under  the  authority  of  the 
Spanish  Government  for  use  in  said  islands  into  the  subsidiary  coins 
provided  for  in  the  preceding  section  at  such  rate  and  under  such 
regulations  as  it  may  prescribe,  and  the  subsidiary  silver  coins 
authorized  by  this  section  shall  be  legal  tender  in  said  islands  to  the 
amount  of  ten  dollars. 

Sec.  79.  That  the  government  of  the  Philippine  Islands  is  also 
authorized  to  issue  minor  coins  of  the  denominations  of  one-half  cen- 
tavo,  one  centavo,  and  five  centavos,  and  such  minor  coins  shall  be 
legal  tender  in  said  islands  for  amounts  not  exceeding  one  dollar. 
The  alloy  of  the  five-centavo  piece  shall  be  of  copper  and  nickel,  to 
be  composed  of  three-fourths  copper* and  one-fourth  nickel.  The 
alloy  or  the  one-centavo  and  one-half-centavo  pieces  shall  be  ninety- 
five  per  centum  of  copper  and  five  per  centum  of  tin  and  zinc,  in  such 
proportions  as  shall  be  determined  by  said  government.  The  weight 
of  the  five-centavo  piece  shall  be  seventy-seven  and  sixteen-hun- 
dredths  grains  troy,  and  of  the  one-centavo  piece  eighty  grains  troy, 
and  of  the  one-half-centavo  piece  forty  grains  troy. 

Sec.  80.  That  for  the  purchase  of  metal  for  the  subsidiary  and 
minor  coinage,  authorized  by  the  preceding  sections,  an  appropria- 
tion may  be  made  by  the  government  of  the  Philippine  Islands  from 

7254— VOL  5—09 42 


3188  The  Philippine  Islands~1902 

its  current  funds,  which  shall  be  reimbursed  from  the  coinage  under 
said  sections;  and  the  gain  or  seigniorage  arising  therefrom  shall  be 
paid  into  the  treasury  of  said  Islands. 

Sec.  81.  That  the  subsidiary  and  minor  coinage  hereinbefore  au- 
thorized may  be  coined  at  the  mint  of  the  government  of  the  Phil- 
ippine Islands  at  Manila,  or  arrangements  may  be  made  by  the  said 
government  with  the  Secretary  of  the  Treasury  of  the  United  States 
for  their  coinage  at  any  of  the  mints  of  the  United  States,  at  a  charge 
covering  the  reasonable  cost  of  the  work. 

Sec.  82.  That  the  subsidiary  and  minor  coinage  hereinbefore  au- 
thorized shall  bear  devices  and  inscriptions  to  be  prescribed  by  the 
government  of  the  Philippine  Islands  and  such  devices  and  inscrip- 
tions shall  express  the  sovereignty  of  the  United  States,  that  it  is  a 
coin  of  the  Philippine  Islands,  the  denomination  of  the  coin,  and  the 
year  of  the  coinage. 

Sec.  83.  That  the  government  of  the  Philippine  Islands  shall  have 
the  power  to  make  all  necessary  appropriations  and  all  proper  regu- 
lations for  the  redemption  and  reissue  of  worn  or  defective  coins  and 
for  carrying  out  all  other  provisions  of  this  Act  relating  to  coinage. 

Sec.  84.  That  the  laws  relating  to  entry,  clearance,  and  manifests 
of  steamships  and  other  vessels  arriving  from  or  going  to  foreign 
ports  shall  apply  to  voyages  each  way  between  the  Philippine  Islands 
and  the  United  States  and  the  possessions  thereof,. and  all  laws  relat- 
ing to  the  collection  and  protection  of  customs  duties  not  inconsistent 
with  the  Act  of  Congress  of  March  eighth,  nineteen  hundred  and  two, 
"temporarily  to  provide  revenue  for  the  Philippine  Islands,"  shall 
apply  in  the  case  of  vessels  and  goods  arriving  from  said  Islands  in 
the  United  States  and  its  aforesaid  possessions. 

The  laws  relating  to  seamen  on  foreign  voyages  shall  apply  to  sea- 
men on  vessels  going  from  the  United  States  and  its  possessions  afore- 
said to  said  Islands,  the  customs  officers  there  being  for  this  purpose 
substituted  for  consular  officers  in  foreign  ports. 

The  provisions  of  chapters  six  and  seven,  title  forty-eight,  Revised 
Statutes,  so  far  as  now  in  force,  and  any  amendments  thereof,  shall 
apply  to  vessels  making  voyages  either  way  between  ports  of  the 
United  States  or  its  aforesaid  possessions  and  ports  in  said  Islands; 
and  the  provisions  of  law  relating  to  the  public  health  and  quarantine 
shall  apply  in  the  case  of  all  vessels  entering  a  port  of  the  United 
States  or  its  aforesaid  possessions  from  said  Islands,  where  the  cus- 
toms officers  at  the  port  of  departure  shall  perform  the  duties  re- 
quired by  such  law  of  consular  officers  in  foreign  ports. 

Section  three  thousand  and  five.  Revised  Statutes,  as  amended,  and 
other  existing  laws  concerning  the  transit  of  merchandise  through  the 
United  States,  shall  apply  to  merchandise  arriving  at  any  port  of  the 
United  States  destined  for  any  of  its  insular  and  continental  posses- 
sions, or  destined  from  any  of  them  to  foreign  countries. 

Nothing  in  this  Act  shall  be  held  to  repeal  or  alter  any  part  of  the 
Act  of  March  eighth,  nineteen  hundred  and  two,  aforesaid,  or  to  ap- 
ply to  Guam,  Tutuila,  or  Manua,  except  that  section  eight  of  an  Act 
entitled  "An  Act  to  revise  and  amend  the  tariff  laws  of  the  Philippine 
Archipelago,"  enacted  by  the  Philippine  Commission  on  the  seven- 
teenth x)f  September,  nineteen  hundred  and  one,  and  approved  by  an 


The  Philippine  Islands— 1902  3189 

Act  entitled  ''An  Act  temporarily  to  provide  revenues  for  the  Philip- 
pine Islands,  and  for  other  purposes,  approved  March  eighth,  nine- 
teen hundred  and  two,  is  hereby  amended  so  as  to  authorize  the  Civil 
Governor  thereof  in  his  discretion  to  establish  the  equivalent  rates  of 
the  money  in  circulation  in  said  Islands  with  the  money  of  the  United 
States  as  often  as  once  in  ten  days. 

Sec.  85.  That  the  treasury  of  the  Philippine  Islands  and  such  bank- 
ing associations  in  said  islands  with  a  paid  up  capital  of  not  less  than 
two  million  dollars  and  chartered  by  the  United  States  or  any  State 
thereof  as  may  be  designated  by  the  Secretary  of  War  and  the  Secre- 
tary of  the  Treasury  of  the  United  States  shall  be  depositories  of 
public  money  of  the  United  States,  subject  to  the  provisions  of  exist- 
mg  law  governing  such  depositories  in  the  United  States:  Provided^ 
That  the  treasury  of  the  government  of  said  islands  shall  not  be  re- 
quired to  deposit  bonds  in  the  Treasury  of  the  United  States,  or  to 
give  other  specific  securities  for  the  safe-keeping  of  public  money  ex- 
cept as  prescribed,  in  his  discretion,  by  the  Secretary  of  War. 

Sec.  86.  That  all  laws  passed  by  the  goA^ernment  of  the  Philippine 
Islands  shall  be  reported  to  Congress,  which  hereby  reserves  the 
power  and  authority  to  annul  the  same,  and  the  Philippine  Com- 
mission is  hereby  directed  to  make  annual  report  of  all  its  receipts 
and  expenditures  to  the  Secretary  of  War. 

BUREAU  OF  INSULAR  AFFAIRS 

Sec.  87.  That  the  Division  of  Insular  Affairs  of  the  War  Depart- 
ment, organized  by  the  Secretary  of  War,  is  hereby  continued  until 
otherwise  provided,  and  shall  hereafter  be  known  as  the  Bureau  of 
Insidar  Affairs  of  the  War  Department.  The  business  assigned  to 
said  Bureau  shall  embrace  all  matters  pertaining  to  civil  government 
in  the  island  possessions  of  the  United  States  subject  to  the  jurisdic- 
tion of  the  War  Department;  and  the  Secretary  of  War  is  hereby 
authorized  to  detail  an  officer  of  the  Army  whom  he  may  consider 
e^ecially  w^ell  qualified,  to  act  under  the  authority  of  the  Secretary 
of  War  as  the  chief  of  said  Bureau;  and  said  officer  while  acting 
under  said  detail  shall  have  the  rank,  pay,  and  allowances  of  a  colonel. 

Sec.  88.  That  all  Acts  and  parts  of  Acts  inconsistent  with  this  Act 
are  hereby  repealed. 

Approved,  July  1,  1902. 


O 


c 


KF 

M530 

FH3 

1909 

V.5 

C.l 

ROBA