' > From the Library of Professor David Mellinkoff Who donated his collection TO THE UCLA School of Law Hugh & Hazel Darling Law Library August 1999 "Cleansed of words without reason, much of the language of the law need not be PECULIAR AT ALL. AnD BETTER FOR IT." The Language of the Law BY David Mellinkoff / THE FEDERAL AND STATE /f CONSTITUTIONS '■ COLONIAL CHARTERS, AND OTHER ORGANIC LAWS OF THE fj- STATES, TERRITORIES, AND COLONIES . ^ - NOW OR HERETOFORE FORMING THE UNITED STATES OF AMERIG|P ? 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, XVIII, 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 New Jersey— Philippine Islands WASHINGTON GOVERNMENT PRINTING OFFICE 1909 NEW JERSEY For organic acts relating to the lands now included within New Jersey see in other parts of this work : — Virginia Charter of 1G06 (Virginia, p. 3783). Council for New England, 1620 (Massachusetts. \). 1S27). Dutch West India Company, 1021 (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, lOGl. Between His Royal Highness, James Duke of York, and Albany, Earl of Ulster, Lord High Admiral of England, and L"eland, 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 Flis Majesty's most Honourable Privy Council, and Sir, George Carteret of vSaltrum, in the County of Devon, Knight and one of His Majesty's most Honourable Privy Council of the other part : Whereas 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 Majest3"'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 upwards 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 « Verified by " Grants and Concessions of New Jersey." Learning & Spicer. 2d Ed., pp. 8-11. 2533 2534 New Jerseij—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 j^is 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 contain'd, as by the said Letters Pat- ents, relation being thereunto had, it doth and may more plainly and at large appear. Xow^ this Lidenture 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 England 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 am])le 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 I^ord Bei'keley 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, liis 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 well 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. Ite^i. That tJie 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 « 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; whicli 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 shidl be a warrant for the register to record the same : which convey^ance 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 bv 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 Survej^or 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 surve5^or, 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 resj^ective 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 swx)rn and broken their oaths. TTE:Nr. 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 Province, and enjoy the freedoms and immunities hereafter expressed, until some stop or contradiction be made by us the "Lords, or else the Governor, Council and Assembh% which shall be in force until the Lords see cause to the contrary: provided that such stop shall not any waj^s prejudice the right or continuance of any person that have iDeen 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 dilference 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 judgiuents 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 Royal Highness James Duke of York, and by his said Royal 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 de^Duties or representatives from amongst themselves; who being chosen are to join with the said Governor and council for the making 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. WHICH ASSEJMBLy's ARE TO HAVE POWER 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 by 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, wath their necessary courts, jurisdiction's, 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; wnth .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. YL 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 incorj^orate with such charters and privileges, as to them shall seem good, and the grant made unto us will j^ermit; and the same or any of them to fortify and furnish wnth such provisions and proportion of oi'dnance. powder, shot, armour, and all other weapons, amnuinition 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 in 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 th(^ 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't) First. To see that all courts establish'd by the laws of the General Assembly, and all ministers 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 thei^- 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, corjDora.l 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, j)lace and commis- sionate all military officers under the dignity of the said Governor, who is commissionated by us over the several train VI bands aftd 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 : Pro vided, that they appoint no military forces but what 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, who will accordingly pardon or command exe- cution of the sentence of the ofiender; who is in mean time to be kept in safe custody till the pleasure of the Lords be known. VI. 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. VIL 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 wdiich 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. 3 -OR THE BETTICR SECURITY OF THE PROPRIETIES OF ALL THE INHABITANTS First. They are not lo 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 revicAV, 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 suft'er 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 w^ith 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, wdiich 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. Itejm. 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 ever}^ able man servant, that he or she shall carry or send, arm VI 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. lTE:\r. 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 1G65 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. Ite^m. 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— 1664 aforesaid, forty-five acres of land of like measure: And to every Christian servant that shall arrive the second 3^ear, 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 sla\ie, 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 ahcaf/s, 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 peoplexl 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 ahcays. 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 REGTJLARLY LAm 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 ns, 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 seaFd 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 part 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 sarne 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) paying 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- wdthstanding. III. Item. We do also grant convenient proportions of land for highw^ays 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 tAvo 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 ajid duties whatsoever, payable to us, our heirs or assigns. V. Item. That in laying out lands for cities, towms, vilages, boroughs, or other hamblets, the said lands be divided into seven parts; 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, tow^ns, &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 laAvful 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 whatsoever, or for any other thing they shall desire, witholit 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 j^ear 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 2tl Ed. i)p. o2-34. I. That as to the 0th 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 a Verified by " Grants and Concessions of New Jersey." 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 v^stablish 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 Assembh', 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 with the special order of us the Lords proprietors. III. T^) 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. CONCERXIXG THE GOVERNOR I. As to the second and third article ; all officers civil and military (excei^t 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 signVl by the Governor and Secretary shall be effectual in case his Council or any part of them be not present. AVe 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, 1GT2. John Berkley, G. Carteret. HIS ROYAL 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 Codcl 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 with the rivers, harbors, mines, minerals, quarries, woods, marshes, Avaters, 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 api)urtenances, unto his said Royal Highness James Duke of Yoi-k, his heirs and assigns for ever; to be holdcn of his said Majesty, his heirs and successors as of the man- ner of East Greenwicli 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 " Verified by " Grants and Concessions of New Jersey." Learning & Soicer. 2d Ed. pp. 40-48. New Jersey— 1674 2547 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 Xew 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 bv Hudson's river, and extends southward as far as a certain creek called Barnegatt, being about the middle, between 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 riA^er 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 Xew Jersey : And also all rivers, mines, minerals, woods, fishings, hawking, hunting, and fowl- ing, and all royalties, proffits, commodities, ai^d 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 solcl 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 daj 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, his 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 mone}^ of England, if the same shall be lawfully demanded at or in the 7254— VOL 5—09 2 2548 New Jersey — 1676 Inner Temple Hall, London, at the feast of St. Michael the Arch Angel yearW. And the saicl 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 expressed and declared. ProiAded always 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 iiis 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 CHARTER OR FUNDAMENTAL LAWS, OF WEST NEW JERSEY, AGREED 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 tlwit 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 A'ary from the said fundamentals, under what pretence or alligation soever. Chapter XIV But if it so ha])pen that any j^erson 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 recoi'ded in a fair table, in the Assembly House, and that they be read at the beginning and dissolving of every general free Assembly: And it is further agreed and ordained, that the said Concessions, « \>rifled by " Grants aud Concessions of New Jersey." Learning & Spicer. 2d Ed. pp. 393-308. New Jersey— 1676 2549 common law, or great charter of fundamentals, be writ in fair tables, in every conniion hall of justice within this Province, and that they be read in solenni 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 in religious nuitters, tlierefore 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 toAvards 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 XYII That no Proprietor, freeholder or inhabitant of the said Province of West New Jersey, shall be deprived or condemned of life, limb, liberty, estate, property or any ways hurt in his or their privileges, freedoms or fi'anchises, 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 any valid reason alleged, against every person nominated for that service. Chapter XVIII And that no Projjrietor, freeholder, freedenison, or inhabitant in the said Province, shall be attached, arrested, or imprisoned, for or by reason of an}^ debt, duty, or thing whatsoever (cases felonious, criminal and treasonable excepted) before he or she have personal sunuBon 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 Avithin 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 penalties, 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 ali/y/i/s, if such person or persons so condemned, shall pay and deliver such estate, goods, and chatties which he or an}^ other person hath for his or their use, and shall solemnly declare and aA^er, that he or they have not any further estate, goods or chatties Avheresoever 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 knT)wn 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 rteighborhood 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 Avhom 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 ])erson 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 finxl, and upon complaint made to the General Assembly, by them be declared incapable of any office or trust within this Province. Ciiaptp:r 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 ]:)ersons 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 law, and deprive the sult'ering 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 '^rovince. 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 OAvn 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 i)ersons 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. Chapter 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 presenit, 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. aUINTIPAETITE DEED OF REVISION, BETWEEN E. AND W. JERSEY: JULY 1st, 1676" This indenture, quintipartite, made the first day of Jul}^, Anno Domini 1676, and in the eighth and twentieth year of the reign of our sovereign Lord King Charles, the Second, over England, &c. o Verified by " Grants and Concessions of New Jersey." Learning &, Spicer. 2d Ed. pp. 61-72. 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 tlie county of Hertford, Esq ; of the second part : Gawn La wry of Lon- don, merchant, of the third part : Nicholas Lucas of Hertford, in the county of Hertford, malster, of .the fourth part : and Edward Bil- linge of Wisminster, in the county of INIicldlesex, gent, of the fifth part. T\^iereas our said Sovereign Lord the king's Majesty, in and by his Letters Patents under the great seal of England bearing cttite the twelfth day of March, in the sixteenth ^^ear of his said Majesty's reign, for the consideration therein mentioned, did give and gi-ant unto his dearest brother James, Duke of York, his heirs and assigns all that part of the main land of Xew 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 u])on 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 with all the lands, islands, soils, rivers, harI)ours, mines, minerals, quarries, woods, 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 theii' 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 ancl assigns for ever; to be holclen 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 by knight service, under the 3'early rent of fort}^ beaver skins, to l)e paid unto his saitl Majesty his heirs and successors, when they shall be demanded, or within ninety days after, as by the said Letters Patent, rehition 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 such of the subjects of his said Majesty, of Ids heirs and successors, as shall at any time adventure themselves into the said port and ])laces, 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, connnissioners, 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 tchereas 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 arid twentieth day of June, Anno Domini 1604:: 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 16(54, 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 othe'' part : And by other good and sufficient conversances 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 Xew England, and h'ing and being to the westward of Long Island and Manhatan Island, part of the said main land of Xew 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 l^y the name or names of New Caesarea or Xew 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 side dated the eighteenth day of March Anno Domini 1673, and in the six and tAventieth year of his said Majesty's reign, made between the sakl John Lord Berkeley of the one part, and John Fenwick, of BinfieM, in the count}' of Berks, Esq; of the other part, and duly enrolled in his ]\Iajesty'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 hini^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, hawkings, 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 ; with their and every of their appurtenances, in as full, ample and beneficial manner to all intents and purposes as the same was granted to the said John Lord Berkley and the said Sir George Carteret, their heirs and assigns, by him his said Eoyal LLighness 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 conversances, 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 oril}' 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 3'ear, and bearing date the ninth day of February which was in the year of our Lord 1074, and made between the said John Fenwick and Edward Billinge, of the one part, and the said William Penn, Gawn Lawry and Nicholas 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 1G74, and made between 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 tluJ said tract of land, and the said moiety or half part of all and every other the said several and respective premises so conveyed unto the said John Fenwick as aforesaid, Avith 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, (jawn Lawry and Nicholas ' New Jersey— 1676 2555 LiTcas, 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 La wry and Nicholas Lucas, do now actually stand seized of, and in one 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 seizVl of the other undivided moiety or half part of all and every the same premises, and doth now liold the same to him and his heirs as tenant in common with the said William Penn, Gawn Lawry, 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 prendses 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, known and clistinguish'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 ©f the said eastern part, share and portion from the westerly part, share and ]3ortion 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 whereof they do hereby respectively acknowl- edge, the said Edward Billinge and they the said William Penn, Gawn Lawry and Nicholas Lucas, Ijy and with the consent, direction and appointment of the said Edward 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 nnto 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 an^l premises so granted and conveyed by his said Royal Highness the said James Duke of York, unto the sai'd John Lord Berkele}^ 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, which 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 Delaware 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 a'greement 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, thiip' 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 afort^said, in and l)y these presents intended to be bargain'cl, sold and convey'd by the said Sir George Carteret unto the said William Penn, Gawn Lawry and Nicholas Lucas, and all and every the isles, islands, rivers, mines, minerals, woods, fishing, hawkings, huntings, and fowlings; and all other ro}- 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 a])pertaining, 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 P^dward ]>illinge, William Penn, Gawn Lawry, Nicholas Lucas, and each 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 triict 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 conve3''d to the said Sir George Carteret ; which said rents, duties and services reserved upon, Avhich 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 (ieorge 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 ])ortion, 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 b}^ 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, b}' 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, GaA\n Lawry, and Nicholas Lucas, unto the said Sir George Carteret, or herein or hereby jneant, 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 hovrsoever, other than such arrears (if any be) 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 j^aid, 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 Avhich said other parts, shares and portions, is. angT. are extending southward and westward, and northw^ard along the sea coast, and the before mentioned bay and river commonly called and known by the name or names of Dehnvare bay and Delaw\are 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 Delaware river aforesaid ; and from thence, that is to say, from the said north j)artition point, extending southward " unto "the said south partition point before mentioned, by the said before mentioned strait and direct line called the line of partition, draw^n 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 Avesterly 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'cl, sold and conveyed by the said Wil- liam Penn, Gawn Law^ry, 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 fow^lings, and all other royalties, governments, powers, forts, franchises, harbours, profits, commodities and hereditaments what- soever, unto the said w^esternly part, share and portion of the said tract of land and premises, hereby bargained by the said Sir George Carteret, belonging or in any ways appertaining, with their and every of their appurtenances, and all the estate, right, title, interest, bene- fit, advantage, claim and demand, whatsoever, 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 wdth 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 jjortions 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 tlie 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 Lawrv 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 sutfer'd any act, matter or thing whatsoever. Avhereby or by reason whereof the said premises hereby bargainTl, sold, released and confirmxl or convey 'd by him the said Sir (leorge Carteret unto the said Wil- liam Penn, Gawn Lawry and Nicholas Lucas, 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 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 mipaid, upon any the reserva- tions contain'd in the said herein before recited Letters Patent, and herein before recited conveyances, herein before recited to have been made by his said Eoyal Highness the said Duke of York, or either or any of them, and other than such lawful estates and grants of land and plantations, j^art 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 ])lantations now in force in the said country, under the usual and accustomed 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 due and 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 res])ective 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 iDa_yable 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 witness whereof 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. Edward Billinge. Sealed and delivered in the presence of Henry West. James Bowers. Thomas Langhorn. *- Richard 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 Angust, Anno Domini, 1G80, 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 Llertford, and now of Warming- hurst, in the county Sussex, Esq ; Gawen Lawry, of London, mer- chant; Nicholas Lucas, of Hertford, in the said county of Hertford, maulster, John Eldridge, of St. Pauls Shadwell, in the County of Middlesex, tanner, and Edmond Warner, citizen of Londtm, of the other part. AVhereas 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 AvestAvard 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 be 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, 1 Verified by " Grants and Concessions of New Jersey." Learning & Spicer. 2d Ed. pp. 412-419. New Jersej^—1680 ' 2561 fishings, hawkings, hmitings, 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 ])art 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 Majest}^, his heirs and successors, amongst other thino-s 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 tAventieth 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 premise:- 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 "saicl 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 AVilliam 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 midivided moiety, unto John Eldridge, and Edmund Warner their heirs and assigns forever. And the said John Eldridge, and Edmond AVarner, 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 enablo 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 saixl Sir George Carteret, and the said William Penn, Gawen Lawry, Nicholas Lucas, Edward Byllynge, the said Sir George Carteret, (^d 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 mentioned, 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 ar 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 jjoint 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 ])ortion, 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 appertaiiiing. 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 West New Jersey, and all that and only all that part, share and portion, and all those parts, shares and jjortions 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. U]oon which partition so made, they the said William Penn, GaAven Lawry, and Nicholas Lucas, became seized of all that westerly })art of tlie 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 Xew Jersey, imto 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 Xicholas 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 forev(}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 Eoyal 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 Eoyal Highness, conveyed unto the said Jolm Lord Berkley, and Sir George Carteret, as aforesaid, but also of other the lands and hereditaments, which were originally granted unto his said Eoyal 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- liinth day o"f June, ni the six and twentieth of his Majesty's reign, grant and convey unto his said Eoyal 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 Eoyal 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 whereas by the said several grants so made by his said Majesty unto his said Eoyal Highness as aforesaid, several powers and authorit}^ are and were given and granted unto his said Eoyal Highness, his heirs and assigns to be executed by his said Eoyal LLighness, his heirs and assigns, or by the deputies, agents or commissio^iers of his said Eoyal LEighness, 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 olfences, and offenders, as occasion shall require; and lo 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 Eoyal Highness, his heirs or assigns, 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 other things needful, and useful, and necessarv 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. Xow 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 Eoyal Highness in hand j^aid, 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 Xew Jersey, or any part of them ; and for the further and better s^- tling, conveying, assuring, and confirming of the same and of every parir 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 EdniH-nd Warner, all that part, share and portion, and all those j^arts, 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 A'ested 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 Avith all islands, bays, rivers, waters, forts, mines, quarries, royalties, franchises, and appurtenances Avhatsoever, to the same be- longing, or in any w^ise 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 waters, 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 l:>y these presents give, grant, assign, and trans- fer unto the said EdAvard Byll^aige, all and every such the same jiowers, authorities, jurisdictions, governments, and other matters and things A^'hatsoever, which by the said respective Letters Patents, or either of them, are and were gr-anted, 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 tlie same were now in the actual seizen of his said Royal High- ness, to be held, enjoyed, exercised and executed by him the said p]dward Byllynae, his heirs and assigns, and by his deputies, officers, agents and connnissioners, as fully and ami)ly to all intents, constric- tions and i)urposes 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 tlie 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 otherways however. In witness whereof the jiarties to these presents have hereunto interchangeably set their hands and seal, the day and year first above written, Jamp^s. Signed, sealed and delivered by his Royal Highness James Duke of York, Avithin 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 JVIagis. Chane. J. Clerke. The foregoing is a true copy taken from and compared Avith the record in the Secretarv's office at Burlington, in Lib. M. of deeds, folio, 318. &c. 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 people 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 \yest 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 Jersej\" 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 ap)pear, to consider of the affairs of the said Province, and to make and ordain such acts, aiid laws, as shall be requisite and necessary for the good government and prosperity of the free people of the said Province; and t(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 not suspend or defer the sigiTing, 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 within 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 thie 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 e»emies to the free people of the said Province; and such act so attempted to be made, to be of no force. V. 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 3^ear, 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 accountal>le 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 Free Assembly. IX. That no General Free Assembly hereafter to be chosen by the free j^eople 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 towards 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 Avhole Assembl}^ The fundamentals aforesaid being sighed and sealed by the DeiDuty GoA^ernor, 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 (xrace of God of England, France and Ireland, King, Defender of the Faith, &c. Anno Domini 1682. Between his Royal Highness the most illustrious Prince James, Duke of York and Albany 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 AYallingford, in the kingdom of Scotland, Esq; William Penn, of Worminghurst, in the Count}' 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 jNIew, of Stepney, aforesaid, merchant; Ambrose Rigg of Catton Place, in the county of Surry, gentleman; Thomas Cooper, citizen and merchant l^aylor, of London ; Gawn Lawry, of London, merchant ; Edward Billinge, of the city of Westminster, in the county of Middlesex, gentleman; James Braine, of London, mer- chant; AYilliam Gibson, citizen and haberdasher, of London; John Haywood, citizen and skinner, of London; Hugh Hartshorn, citizen 1 Verified hv " Grants and Concessions of New Jersey." Learning & Spicei". 2d Ed. pp. 141-152. 2568 New Jersey— 1682 and skinner, of London; Clement Plnmstead, citizen and draper, of London; Thomas Barker, of London, merchant; Robert Turner, of the city of Dublin, in the kingdom of Ireland, merchant; and Thonuiis 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 seaWof 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 whereas 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 Majesty'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 Privij 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 twenty nobles sterling, payable as the same is therein reserved to be paid. And whereas his said Majesty did by other his Letters Patents, dated the twenty-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— 168:2 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 Eoj^al 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 ai3])ear. And whereas upon a partition made of the whole and entire premises, between the said Sir George Carteret and William Penn, of AVorminghurst, 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 simi^le of the said Lord Berkele^^'s, undivided moyety, of all and singidar 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 connnonly 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, which is in fortj^-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 riA^er aforesaid, to the nothermost branch of the aforementioned river called Delaware river, and to the most northerh^ 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 j^arti- 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 wasterly 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 whatsoever, unto the said easterly part, share and portion, of the said tract of land and prem- ises, belonging or in an}^ wise appertaining, with their and every of their appurtenances; and all the estate, right, title, interest, claim and demand whatsoever of them the said AYilliam 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, and 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 Jerse^'; 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, a>s lyeth extended eastward from the east side of the said line of parti- tion before mentioned, to hold to the said Sir George Carteret, ^lis heirs and assigns, in severalty, to the nse of him the said Sir (leorge Carteret, his lieirs 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 avhereas 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 Edw^ard, Earl of Sandwich, the right honourable John Earl of Bath; the right honourable Thomas, Lord Crew, Baron Ci'ew, of Steane the honourable Bernard Green- ville, Esq; brother of the said Earl of Bath; the honourable Sir Robert 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 jjayment of his debts and legacies, as in and by the said will, relation being there- unto had, may appear, and shortly after dyed. And a\'iiereas the said John, Earl of Bath ; Thomas, Lord Crew ; Bernard^Greenville ; Sir Robert 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 P'cbruary 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 whereas 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 Ro])ert 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 A\'illiam Peim, Robert West, Thomas Rndyard, Sanuiel Groome, Thomas Hart, Richard Mew, New Jersey— 1682 2571 Thomas Wilcox, of London goldsmith, Ambrose Rigg, John Hay- wood, Hugh Hartshorn, Clement PlnmStead, and Thomas Cooper, their heirsand assigns, all the said premises called East New Jersey, together with all isles, islands, rivers, mines, minerals, w^oods, fish- ings, hawkings, huntings, fowlings, and all other royalties, 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 apj)ear. And WHEREAS the said William Penn, Robert West, Thomas Rudyard, Samuel Groome, Thomas Hart, Richard Mew, Thonnis 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 Sonnlans, Gawn Lawry, Edward Byllynge, James Braine, William Gibson, Thomas Barker, Robert Turner and Thomas Warne, Avho 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 Groome, Thomas Hart, Richard Mew, Thomas Willcox, Ambrose Rigg, John Haywood, Hugh Hartshorn, Clement Plumstead, and Thomas Cooper. And WHEREAS the said Thonnis 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 granied 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 willing 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 well governing of the same, and of all such as shall be inhabiting 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 offenders, as occasion shall require ; and to make, ordain, constitute, and confirm, and also to revoke, discharge and alter all and singular Governors, officers and magistrates, which 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 the 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 inha1)iting 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— 16 S^ these presents, his said Royal Highness the said James Dnke of York, hath granted, bargained, sokl, released and confirmed, and by these presents, as far as in him lyeth, doth grant, bargain, s.ell, release and confirm nnto the said James, Earl of Perth, John Drum- mond, Robert Barckly, David Barckly, Robert Gordon, x\rent Son- mans, William Penn, Robert AVest, Thomas Rudyard, Samuel Groonie, Thomas Hart, Richard Mew, Ambrose Rigg, John Haywood, Hugh Hartshorn, Clement Plumstead, Thomas Cooper, Gawn Lawry, Edward Byllynge, James Braine, William Gibson, Thomas Barke-r, Robert Turner and Thomas Warne, their heirs and assigns, all that part, share and portion, and all those parts, shares and portion^ of all that entire tract of land, and all those entire premises so granted by his ciiicl 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 well 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 waters, leading unto or lying between 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 Drunnnond, Robert Barckly, David Barckly, Robert Gordon, Arent Sonmans, William Penn", Robert West, Thomas Rudyard, Samuel (h'oome, 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, Thonnis 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 wdiole 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 u]X)n 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 LawrA^, 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, ])romise 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 l*enn. Robert West, Thomas Rndyard, Samuel Groome, Thomas Hart, Richard Mew, Ambrose Rigg, John HavAvood. Hugh Harts- horn, Clement Plumstead, Thomas Cooper, Gawn Lawry, EdAvard Byllynge, James Braine, William 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, Rol)ert 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, AVilliam Gibson, Thomas Barker, Robert Turner, and Thomas Warne, their heirs and assigns, l)roprietors 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 Law^ry, 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 Roj^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 before recited Letters Patents, or either of them, or any thing in them, or either or any of them, con- tained or otherwise howsoever. Prorided always, 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 l)y his Royal Highness, in the presence of Ro. Werden, AVilliam 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 a^'d 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 conveyScl 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 tw^enty 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 hhall 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 tlyee years be expired, the Proprietors shall choose one to supply his pl.ace, 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 twenty j)roprietors, or their proxies in their absence, and one hundred forty-four to be chosen by the freemen of the Province. But forasnnich 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 twenty 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 with the four and tAventy l^roprietors, ninety-six persons, till sueh times as the great council shall see meet to call the above mentioned numl)er of one hundred forty-four, and then shall be determined by the great council, how many shall come out of each town and county; 1 Vorifipfl l)v " Grants juul Concessions of New Jersey." Learning & Spicer. 2(1 Ed. 1)1). ir>:{-i(;G. 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 ag"ain 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, nnless the Governor and connnon 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 w^ eek, 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 cidtivated 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 ow^n: 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 "ho, after this manner, the names of all the persons qualified in each county, shall be put in equal pieces of parchment, and prejjared 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 time; 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 tAvelve 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 proxies, 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 laAv 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 freemen at least; and in determination, the proportion- able assent of both Proprietors and freemen must agree, viz. two 2576 New Jersey— 1683 parts of Avliatever number of freemen, and one half of whatever num- ber of Proprietors are present. V. For the constant government of the Province there shall "b^ with the Governor a common Council, consisting of the four and twenty Proprietors, of their proxies, and twelve of the freem^ii, whicli shall be chosen by the ballot out of the freemen of the great Council, and shall successively go off each year as they do; whicli common Council will thus consist of six and thirty, whereof they shall be three connnittees; 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 w^ell 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 connnittees shall meet at least once a week, 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 connnon 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 l^rovince; as also to constitute train bands and companies, with the number of the soldiers, for the safety, strength and defence of the aforesaid l*rovince; to suppress all mutinies and rebellions; to make Avar ofl'ensive and defensive, against all and every one that vshall infest the said l^rovince, 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 I'roprietors there are several that declare, that they have no freedom to defend themselves with arms, and others Avho judge it their duty to defend themselves, 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 New Jersey— 1683 2577 v.'ill not in this case force each other against their respective judg- ments and consciences; in order -whereunto it is Resolved, that on the one side, no man that dechires he cannot for conscience sake bear arms, Avhether Proprietor or phmter, shall be at awy time put upon so doing in his own person, nor yet u})on sending any to sei've 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 connnittee 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 l)e such as to nnderstand it their duty to use arms for the i:)ul)lick defence; which connnittee shall provide for the publick defence without and peace within, against all enemies Avhatsoever; and shall therefore be sitiled the connnittee for the preservation of the publick peace : And that all things may pro- ceed in good order, the said connnittee shall propound to the great Council Avhat they judge convenient and necessary for the keeping the peace within the said Province, and for publick defence Avithout, by the said great Council to be approved and corre( ted, 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 poiids are under deliberation, which shall not be concluded where twelve of the Proprietors 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 cai^acity of the inhabitants, to build any forts, castles or any other places of defence? If yea; where and in what 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 respect 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 alwut 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 Jerseij—1683 sake the}^ have not freedom, that which is necessary for the piiblick defence, 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 ©f the Province. And as the refusing to subscribe such acts concernifig 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 ma-ke such acts invalid, they being in lieu thereof, subscribed by the major i:)art of the six Proprietors of the committees for the preservation of the publick peace. VIII. The choosing the great and publick officers, as Secretary^ Ivegister, Treasurer, Surveyor General, Marshal, and after death of turning out of those now first to be nominated, shall be in the Governor and Connnon 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 aiid twenty Proprietors; it is hereby declared, that the said power of pardoning shall ncA^er 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, wdio 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 mouthy XL The four and twenty Proprietors, in their absence, maj^ 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 tAvo votes: The proxies of the Proprietors must be such as has shares in properties not under a twentieth 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 ninet}^ sixth ]5art of the coinitry, shall lose the right of government, and it shall pass to him wdio 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 propriet}'^ 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 number if there be more. And if any wdio sells a part of his ]iro- 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 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 because 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 sixtli 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 j^ears 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 jur}^ 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 lie 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- jicter 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 any 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 1 2580 New Jersey— 1683 shall in no way be molested or prejudged for their religious per- swasions and exercise in matters of faith and Avorship; 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 fHiy other place of publick trust, who shall not profaith in Christ JeStis, 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 y^icler 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, re veils 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 i)unctuall3=' 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 enjo}'' more than one public office 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 ])ublick 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, Avages 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 outlawed 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 trvals shall be by twelve men, and as near as it nuiy 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 the freemen above five and twenty years of age, within the district or boroughs out of which the jury is to be returned, shall be written on equal j)eices 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 oAvn 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 w^ay 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 Avritten on small pieces of parchment and put into a box, out of which by a lad under ten years of age, shall be draAvn eight 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 afterwards 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 authorit}^ within the Province, shall there give and deliver in their evidence by solemnl}^ promissing to speak the truth, the wdiole 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 midergo 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 an}^ 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 whoever 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 the nature of the offence; reparation to any who have suffered by him, 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 exceptiiig 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 tb it, unless tAvo 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 jjnder 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 proi^ided, also^ that all judicial and legal proceedings heretofore done according to them, be held, approved and confirmed. Drummond. Eobert Burnet. Bar. Gibson. Robert Gordon. GaAvn La wry. 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 RECOGNIZING THE PROPRIETORS' RIGHT TO THE SOIL AND GOVERNMENT— 1683 « Charles, R. AVhereas his Majesty for divers good causes and considerations him thereunto moving, by Letters Patents bearing date the twenty- ninth day of Jinie, Anno Domini 1674, in the twenty-sixth yeal- of his Majesty's reign, was pleased to give and grant unto his dearest " Verified l)v " fJi'iUits and Concessions of New Jersey." Learning & Spicer, 2d ed., pp. 151-152. New Jersey— 1683 2583 brother James, Dnke of York, several territories, islands, and tracts of land in America, part of which were since called b}- the name of Nova Caesarea or New Jersey, and was vested in John Lord Berkeley, of Stratton, and Sir George Carteret, Knight and Baronet, who Avere 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 assigns, and Avas agreed to be called East New Jersey, and was since assigned to the present Proprietors. And avuereas 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 Ncav 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 Avhich 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 Drunnnond of Lundie; as also unto Robert Barckly, of Eury, Es(]; Roliert Gordon, of Clunie, Esq; and others, his Majesty's lov- ing subjects in England, Scotland, and elsewhere, to the number of tAventy-four grantees, and to their heirs and assigns forever; together Avith all powers and jurisdiction necessary for the good goA^ernment of the said Province. His Majesty therefore doth hereby declare his royal Avill and pleasure, and doth strictly charge and command the planters and inhabitants, and all other persons concerned in the said Province of East Ncav Jersey, that they do submit and yield all due obedience to the laAvs and goA^ernment of the said grantees, their heirs and assigns, as absolute Proprietors and GoA'ernors thereof, (Avho have the sole power and right cleriA^ed 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, laAvfully com- missionated by them according to the poAvers and authorities granted to them. And of this his Majesty's royal Avill 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 Avill and pleasure, from all persons as well Avithout the Prov- ince as within the same, (who these presents do or may concern) as they Avill ansAver the contrary thereof at their peril. GiA'en at the Court of A"\liitehall, the tAvcnty-third day of NoA'ember, 1088, in the thirty-fifth year of his Majesty's reign. By his Majesty's command, Sunderland. To the GoA'ernor and Council of East New Jersey, for the time being, and to the planters, inhabitants, and all others concerned in the said Province. 2584 New Jerseij—1702 THE QUEEN'S ACCEPTANCE OF THE SURRENDER OF GOVERN- MENT" At the Court of St. James's the 17th day of April, 170l> *- 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 Marlljorough, Lord Steward, ' Earl of Bradford, Duke of Bolton, Earl of Romney, Duke of Schonberg, Earl of Renalagh, Duke of Leeds, Lord Ferrers, Lord Great Chamberhiin, 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 "West Xew 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, wdiereby they did surrender their power of- the Govern- ment of those plantations: Which her JNIajesty graciously accepted, and was pleased to order as it is hereby ordered, that the same be enrolled in her INIajesty's said High Court of Chancery, Avhereby they did surrender their ]:)ower of the Government of those plantations Avhich her Majesty graciously accepted and was pleased to order, as it is hereby ordered, that the same Ite enrolled in her INIajesty's said High Court of Chancery, and the said instruments are to l)e delivered to Mr. Attorney General, who is to take care that the same be en- rolled accordingly. A true copy. W. SlIARPE. IT March 1747, Examined the foregoing copy with the entry, remaining in the register book, in tlu> ofHce of his Majesty's privy Council at AVhitehall, and found the same to contain a true coj)}'. James Hamilton, "Verified i).v " CJi'aiits mikI < "onccssidiis tiT Xcw .Tersey." lA^niniii.i,' & Spicer, 12 ed., pp. C.IT-CIS. New Jersey— 1702 2585 V October, 1T47 Examined tlie foregoiiio- 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 XeAV York, merchant, appeared before Robert Hnnter 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 writing 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 Proj/rlete>rs of East New Jersey. SURRENDER FROM THE PROPRIETORS OF EAST AND WEST NEW JERSEY, OF THEIR 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 al)out 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 tlie main land of New England, begin- ning at a certain ])lace 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 ])lace called Pemaquod or Pemaquid, and so up the river thereof to the fnrthest 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 1)y the several name or names of Manowacks, or Long Islancl, situate, lying and being towards the west of Cape Codd and the Narrohigansets, abutting U])on 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, woods, marshes, waters, lakes, fishings, hawkings, hunting, and fowling, and all other royalties, profits, com- modities and hereditaments to the several islands, lands, and premises, a Verified by "Grants and Toncessions of New Jersey." I.eaniins & Spioer. 2d Ed. pp. 009-018. 2586 New Jerseij—1702 belonging and appertaining, with their and every of their appurte- nances, to have and to liold all and singular the said lands, islands, hereditaments, with their and every of their appurtenances, to tlie 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 capfte or by' knight's service, yielding and rendering therefore yearly and every year, forty beaver skins when demanded, or within 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 were not contrary to the laws and statutes of the r6alm 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 within 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 Eneland. 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 \drtue 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 said 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 seA^eral 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. And 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, Eob- ert ]\Iitchell, Joseph Brooksbank, jMichael Watts, Edward Richier, John Norton, Ebenezer Jones, John AMiiting. John Willcocks, John Bridges, Thomas Skinner, Benjamin Steell, C)bediah Burnett, Joseph Micklethwait, Elizabeth Miller, Benjamin Levy, Francis ]\Iinshall, Joseph 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 Willocks, Francis Hanclcock, Thomas Barker, Thomas Cooper, Robert Burnet, IMiles Forster, John Johnstone, David Lvell, 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 j30wers 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 liave no right nor can legally execute any of the said powers, but that it belongeth to her JNIajesty in right of- lier 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 thoiucon- 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. Richier, John Norton, Ebenezer Jones, John "Wliiting, Clement Plumstead, John Wilcocks, John Bridges, Thomas Skinner, Benjamin Steele, Obadiah Burnet, Joseph IMichlethwait, Elizabeth Miller, Benjamin Levy. Francis Minshall, Joseph Collier, Thomas Lewes, Jo. Bennet, John Booker, Benjamin Xelson, James Wasse, Richard Harrison, John Jurin, Richard Greenaway, Charles Mitchell, Francis Mitchell, Tracy Paunceford, William Hamond, Ferdinanclo Holland, William Docwra, 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 ]\Iolleson, 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, Scofland, France, and Ireland, Defender of the Faith, &c. her heirs and siiccessors, 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 a(tem]:)ting to inhabit there without the licence of us the said Pi-o])rielors, our heirs and assigns, and all other tlie New Jersey— 1702 2589 ])ower.s, authorities and privileges oi or concerning the government of the Provinces aforesaid, or either of them to the inhabitants thereof, ^vhich Avere 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 j^ear of her Majesty's reign. Fov the Eastern Division L. Morris, in behalf of liobert Burnett, Miles Forster, John Johnstone, INIichael 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 proxv 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. Benjamin Xellson, James Wasse, Richard Harrison, John Jurin, Richard Greenaway, Charles ^Nlichell, Francis Michell, Francis Paunceford, Wm. Hamond, Ferd. Holland, Elizabeth Miller, Benjamin Levy, Francis Minshall, Joseph Collin, Thomas Lewis, Jo. Bennet, For the Western Division John Booker, John Whiting, John 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, Edward Richier, John Xorton, 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 JNIitchell, Francis Mitchell, Tracy Pauncefort, William Hamond, Ferdinando 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 Green avood. 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 i)resence 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. Sa:muel (iellibrand, D. Secretary. CHARLES II'S GRANT OF NEW ENGLAND TO THE DUKE OF YORK, 1676— EXEMPLIFIED BY ftUEEN 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 York, deceased, which followeth in these words. 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 motion, 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, liis heirs and assigns, all that part of the main land of New Illngland, 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 a Verified by " Grants and Concessions of New Jersey," Learning & Spicer. 2d Ed. pp. 3-8. New Jersey— 1712 2591 or Pemaqiiid. and so np 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 riA-er of Canada northward. And also all that Island or Islands, commonly called by the several name or names of ]SIatowacks or Long Island, scituate, lying and being towards the west of Cape Cocld and the Xarrow 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 Xantukes or other- wise Xantukett; together with all the lands, islands, soiles. rivers, harbours, mines, minerals, quarries, woods, marshes waters, lakes, fishings, hawkings, huntings and fowling; and all other royalty's, profits, commodities and hereditaments to said several islands, lands and premises belonging and a]:)pertaining, 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 Avithin ninety days after. And Ave do further of our special grace, certain knowledge and meer motion, for us, our heirs and successors, giA'e 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, goA'ern and rule all such the sub- jects of us, our heirs and successors, as shall from time to time adA'en- ture themseh'es into any the parts or places aforesaid; or that shall or do at any time hereafter inhabit Avithin the same, according to such hiAvs, orders, ordinances, directions and instruments as by our said dearest brother, or his assigns, shall be established; ancl 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 ahvays as the said statutes, ordinances and proceedings be not contrary to, but as near as couA'eniently may be, agreeable to the laAvs, statutes and goA^ernment 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 an}^ 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 fr.om 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 gocKl, and likewise to revoke discharge, change and alter as Avell all afi'd singular governor's, officers and ministers which hereafter shall 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 esta4)- lish all manner of orders, laws, directions, instructions, forms and ceremonies of government and magistracy fit and necessary for^\nd concerning the governmen.t of the territories and islands aforesaid ; so ahvays that the same be not contrary to the laws and statutes ot 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 Ave do further of our special grace, certain knoAvledge, and meer 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 poAver and authority to use and exercise marshall \n^\ in cases of rebellion, insur- rection and mutiny, in as large and ample manner as our lieutenants in our counties Avifhin our realm of England haA'e or ought to haA^e, by force of their commission of lieutenancy, or any hiAV or statute of this our realm. And Ave do further by these ]:)reseuts, 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 hiAvful 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 i)ersons to trade and traffique unto and Avithin the said territories and islands aforesaid, and into cA'ery or any part and parcel thereof; and to haA^e, possess and enjoy any lands or hereditaments in the parts and places aforesaid, as they shall think fit, according to the laAvs, 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 otherAvise as aforesaid. And Ave do further of our especial grace, certain knoAvledge, and meer motion for us, our heirs and successors, giA^e and grant unto our said dearest brother, his heirs and assigns, by these presents, that it shall and may be laAvful to and for him, them or any of them, at all and every time and times hereafter, out of any our realms or dominions Avhat- soeATr, to take, lead, carry and transport in and into their voyages, and for and toAvards the plantations of our said territories and islands, all such and so many of our loving subjects, or any other strangers, being not jirohibited or under restraint, that Avill become our loving subjcH'ts and li\e under our allegifince, as shall Avillingly accompany IIumu in the said voyages: logetlier Avith all such cloath- ing. iinplcmenls. furnituiv 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 managint^ 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 an.d command 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, encounter, 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 whatsoever, 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 tliereof. 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 heretofoi-e 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 v.diatso- 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 an}' 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 JNIarch, 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 Robert Hunter, Esq. : our Captain General and Governor in Chief of our Provinces of Ncav 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. Scry. 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 domini^pns, 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; an*!, 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 * "\"ei'ified from " Acts of the Geiipval Assembly of New Jersey, compiled by Peter Wilson, Trenton, MDCCCLXXXIV." pp. IH-X See, also Extracts from the .Journal of Proceedings of the Provincial Con- gress of New .Jersey. Held at Trenton in the months of INIay, June and August, 1775. Published by order. Burlington : Printed and said by Isaac Col- lins M.DCC.T^XXV. Woodbury, N. ,J. Keprinted by order. Joseph Sailer, Printer. 18.3.1. pp. 241. .Journal of tlie 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: I^rinted and sold by Isaac Collins, M.DCC.LXXVI. Tren- ton: Reprinted by order. Joseph Justice, Printer. ISol. * These grants embraced all the lands from the west side of the Connecticut River to the east side of Delaware Bay. t This grant was 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 e^~\ of the Colony of New-Jersey, I will not assent to any law, vote or proceeding, Avhich 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, Avhich establishes, that the elections of members of the Legislative Council and Assembly shall be annual; nor that part of the tAventy-second section in said Charter, respecting the trial by jury, nor that shall annul, repeal, or alter any part or parts of the eighteenth or nineteenth sections of the same." And any person or persons, who shall be elected as aforesaid, is hereby empowered to administer to the said members the said oath or affirmation. Provided always, and it is the true intent and meaning of this Congress, that if a reconciliation betAveen Great-Britain and these Colonies should take place, and the latter be taken again under the protection and government of the croAvn of Britain, this Charter shall be null and void — otherAvise to remain firm and inviolable. In Provincial Congress, XeAV Jersey, Burlington. July 2, 1776. By order of Congress. Samuel Tucker, Pres. AViLLiAM Patterson, Secretary. New Jersey— 18U 2599 CONSTITUTION OF NEW JERSEY— 1844 * « We, the people of the State of Xew 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 reforni the same, whenever the public good may require it. ?). Xo 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 enjo}^- 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 Constitntion of the State of Xew Jersey. Trenton, N. J. MacCrellish & Qui;j;ley, State Printers. 1906." ?>2 pp. Offieinl edition. "This constitntion agreed npon l>y the delegates of the people of New .Jersey, in convention begnn 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 tlie thir- teenth day of August, A. D. 1844, and amended at a special election held on the seventh day of September, A. D. 1S7.5, and at another special election held on the twenty-eighth day of September, A. D. 1897. See Appendix. 2600 New Jersey— 18U 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 pla«e 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- })ute 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 favoi", 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 without just compensation ; but laud 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 pro]:)ert3% or loan its money or credit, to or in aid of'any individual association or corj)oration, 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; prorided, 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 -awj 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 exclndes him from being a witness nnless pardoned or restored by law to the right of suffrage, shall enjoy the right of an elector; and provided 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 POWERS OF GOVERN :MENT 1. The powers of the government shall l)e 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. Xo 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 l)e 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; pro rid ed, 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 vearlv and everv vear. 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 be4ield 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 otherAvise ; 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. 3. 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 memlier. 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 ]:>resent, be entered on the journal. 5. Neither house, during the session of the legislature, shall, Avith- out the consent of the other, adjourn for more than three days, nor to any other place than that in Avhich the tAvo houses shall be sitting; New Jersey— 1844 2603 6. xVIl 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 ap])ointment under the government of the United States, his seat in the legislature of this State shall thereby be vacated. 3. Xo justice of the supreme court, nor judge of any other court, sheriff, justice of the ])eace 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 sliall 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. Xo 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 tlebt or liability, and tlie 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 thaThas 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, e,i; post facto law, or law impairing the obligation of contracts, or depriving a party of any remedy for enforcing a contract which existed when the contract was made. 4. To avoid imj^roper 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 l)e 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 laAv 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 in such act. 5. The hnvs of this State shall begin in the following style : '' Be it enacted by the Senate and General Assembly of the State of New Jersey." G. 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 sujiport 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, apin-opriate or use the said fund, or any part thereof, for any other j^urpose, under any pretense whatever. The legislature shall provide for the main- tenance and su]:)port 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 eichteen vears. New Jersey— 1844 2605 7. Xo private or special law shall be passed authorizing the sale of an}^ 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 jiublic use, without just compensation first made to the owners, 1), No private, special or local l)ill 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 froni 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 apijointed. Changing the law of descent. (jranting to any corporation, association or individual an}' exclu- sive privilege, immunity or franchise whatever. (Iranting 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 paragraph, 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 wdiich 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 duties of the 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 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— 1844 And members-elect of the senate or general assembly are hereby 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 aiicl 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 l)y virtue of my office, and make such disposition of the same as may be required by laAv.'' ^ Artkle V • EXJXUTIVE 1. The executive jDower 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 legislatui'e shall direct by law. When 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 resj^ectively 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 nominationlto office shall be made by the governor during the last week of his said term. 4. The governor shall be not less than thirty j^ears 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 al)sent 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 which 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, connnissions 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 i-eturii 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~18U 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. 9. 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 con- 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— 18U for members of the legislature, unless such death, resignation or re- moval shall occur within thirty clays innnecliately 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 iy to be filled by the governor and senate, or by the legislature in _^int meeting, tlie governor shall fill such vacancy and the connnission shall expire at the end of the next session of the legislature, unless a succes- sor shall be sooner aj^pointed ; when a vacancy happens in the oifice of clerk or surrogate of any county, the governor shall fill such A^acancy, and the commission shall expire when a successor is electetl and qualified. Xo person who shall have been nominated to the senate by the governor for any office of trust or i)rofit under 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 president of the senate; and in case of his death, resignation or reuu)val, then upon the speaker of the house of asseml)ly for the time l)eing 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 assembly, 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 TI 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 ai)pointed for six years. 2. Tniemdiately after the court shall first assemble, the six judges shall arrange themselves in such manner that the seat of one of them shall be vacated every year, in order that thereafter one judge may be annually appointed. New Jersey— 1844 2609 3. Such of the six jiulges as shall attend the court shall receive, respectively, a per (Iie?n conipeiisation, to be provided by law. 4. The secretary of state shall be the clerk of this court. 5. When 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. G. When a Avrit 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 affirnuition " 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 1. The court of chancery shall consist of a chancellor. 2. The chancellor 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 i)rerogative 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 mnnber of associate justices ma}' 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 shall, 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 2610 New Jersey— 1844 circuit court may be docketed in the supreme court, and shall ojDerate 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 sTiid 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. SKCTION VII 1. There may be elected under this constitution two, 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 ward contains tw^o thousand inhabit- ants or less, it may have two justices; wdien 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; protuded, that whenever 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 thoiigand. 2. The population of the townships in the several counties of the State and of the several Avards 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 OE OFFICE SECTION I. — MILITIA OFFICERS 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, Avhen 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 goA^ernor shall have jjower 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, respectivelj^ 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 aj)pointed 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 ^^ears; 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 suc- 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 72.54— 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 i3eace shall be elected by ballot at the annual meetings of the townships in the several counties of the State, and of the Avards 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; proi^ided, that the connnission of any justice of the peace shall become vacant uj^on 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 toAvnships 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, Avith 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. /rhe seal of the State' shall be kept by the governor, or person admiiiistcring the govermnent, and used by him officially, and shall be called the great seal of the State of New Jersey. ;^. All grants and connnissions 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 iiame of the State; and all indictments shall conclude in the following manner, viz.. '• again^t the peace of this State, the govern- ment and dignity of the same." 4. This constitution shall take effect and go into operation oir the second day of Scptcnil)er, in the year of our Lord one thousand eight hundred and forty-four. New Jersey— 1844 ' 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 j^roposed 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 of 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 i. 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 — ISJfJf 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. • p 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 laAV, 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 i:)rovided 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 bo 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 ok New Jersey: I, George Wurts, Secretary of State of the State of New Jersey, do horel)y 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 therUo, 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. [i- ■'^•1 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 « [Thirty-first Congress, First Session] An Act proposing to the State of Texas the Establishment of her Northern and Westei-n 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 assembh' shall be given on or before the first day of December, eighteen hmidred and fifty : « For other statutes of an organic nature relating to New ^lexico, 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. 1SS4 ; 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 him- 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 thirty-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, Avhich 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 years, 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. Atul 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 Eio Grande; thence following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east Avith said degree to' its intersection with -the one hundred and third degree of longitude west of GreeuAvich; tlience north witli said (h^grcc of longitude to the parallel of thirty-eighth degree of north hititude; thence west Avith 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 Territor3% or any portion of the same, shall be received into the Union, with or without slavery, as their constitution ma}" 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 Xew 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 approA'e all laws passed b}- 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 aj^pointed 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 necessar}^ 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 vacanc}". 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, whose 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 Eepresentatives shall reside in, and be inhabitants of, the district for which they ma}- 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 coftnties or districts shall be entitled under this act. The number of persons authorized to be elected having the highest number of votes in each bf 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 two or more persons voted for, the governor shall order a new election 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 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 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. Sec. 6. Aiid he it further enacted, That every free wiiite 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 holdnig office, at all subsequent elections, shall be such as shall be i:>rescribed 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 ]3ower of the Territory shall extend to all rightful subjects of legislation, consist- ent Avith the Constitution of the United States and the provisions of this act; l)ut 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 iion- residents be taxed higher than the lands or other property of resi- dents. All the laws passed by the legislative asseinblv 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. .1/*^/ 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 aj)point 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 furtlier 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 may 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, Avho 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 halbeas 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. And he it further enacted^ That there shall be appointed aiii 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 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 defra}^ 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 Xew 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 the}^ 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; wdiich place, however, 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, ma}' 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. 16. .1;;^ 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 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 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 betw^een the United States and the State of Texas shall be adjusted; and wdien 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 Oldahoma, p. 29G0) NEW YORK For organic acts relating to the 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. 16.37). 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 or the Representatives or 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 JSIay 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 Thurlow Weed, printer to the State 1842."' 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 conA^ention 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, judicial, 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 Avit : " ' AMiereas 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 whereas 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 authorit}^ 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 5'our Honors, whenever you shall certainly discover any Clan- destine Meetings, ConveiLtieies, 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 jturchased, in 100.3, the grant of Long Island and other islands on the New England coast, made in 10.35 to the Earl of Stirling, and in 1064 he equipped an armed exjiedition, which took possession of New Amsterdam, which was thenceforth called New York. This conquest was confirmed by the treatv of Breda, in .Tuly, 1007. In .July, 1073, a Dutch fleet recaptured New York, and held it until it was restored to the English by the treaty of Westminster in Feliruary, 1(574. The second grant was obtained by the Duke of York in July, ir)74. to perfect his title. The original grants are in the New York State Libra rj\ This constitution was framed by a convention which assembled at White Plains, July 10, 1770, 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 necessit}^ 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 powers 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 in 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 likelv tc 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 nsurpations,*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 sj^stem 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 j^urpose 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 exj^osed 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 of lands. " He has ol)structed the administration of justice, by refusing his assent to laws for establishing judiciary poAvers. "He has made judges dependent on' his will alone, for the tenure of their ofliees, 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 unacknoAvledgecl 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 oif our trade w'ith all parts of the w^orld: " For imposing taxes on us without our consent : " For .depriving us, in many cases, of the benefits of trial by jury : " For transporting us beyond seas, to be tried for pretended offences : " For abolishing the free system of English laws in a 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 Avar 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 unw^orthy 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, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions. " In every stage of these oppressions, we have petitioned for redress 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 w^ar ; 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 declar?ition, with a firm reliance on the protection of Divine Providence, we nnitually 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, we 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 whatever 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, ordain, determine, and declare that the supreme legislative power within this State shall be vested in two separate and distinct bodies of men ; the one to be called the assembly of the State of New York, the other to be called the senate of the State of New York; Avho together shall form the legislature, and meet once at least in every year for the despatch of business. Til. And whereas laws inconsistent with the spirit of this constitu- tion, or with the ])ublic good, may be hastily and unadvisedly passed: Be It oi-dained, tliat 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 bdls 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 Ihem, that the said bill should become a law of this State, that they return the same, tog;ether with their objections thereto in writing, to the senate or house of assembly (in which soever the same shall have originated) who 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, notwithstanding the said objections, agree to pass the same, it shall, together with the objections, be sent to the other branch of the legislature, where it shall also be reconsidered, and, if approved by two-thirds of the members present, shall be a law. And in order to prevent any unnecessary delays, be it further ordained, that if any bill shall not be returned by the 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 xVlbany, 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. y 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 whole number of bills passed by the legislature under this constitution was six thousand five hundred and ninety. The council of revision olijected 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 talcen in 1790. thers were taken in 1795, 1801, 1807, 1814, and IS'll.—Houyh. 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 hrst 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 riiKi 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 ts fnrtlier 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 j^receding the day of election, shall, at such election, be oiititled to vote for representatives of the said county in assembly; if, diii-ing 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 ahvaj/s, That every j^erson who noAV is a freeman of the city of Al- bany, or who was made a freeman of the city of Xew York on or before the fourteenth day of October, in the year of our Lord one " Sco jinicndinonts. '''I'hf first iift nndor lliis clause was passed March 27,1778, and introduced tbe practice of voting li.v Icillot for fiovernor and lieutenant-governor only, but're- taiiied the rim ravr method for senators and assemblymen. By an act "of Febru- ary i:;. 17S7, tlie modi' of votin;; by ballot for the latter was introduced. Tlie bo.xes cotit.-iiniu^' the ballots for governor, lieutenant-governor, and senators were returned by the sheriffs to tlie secretary of state, to be canvassed by a joint conunittee of the legislature, until :\Iarcb 27. 17!»!). when the system of inspection . and canvassing by local wards was introduced.— /yo(/^/i. 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 aiRrmation, of allegiance to the State. IX. That the assembly, thus constituted, shall choose their own speaker, be judges of their own members, and enjoy the same 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 Xew 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. XL 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, AVestchester, Kings, Queens, and Kichmond 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 of 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, within 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 ; a Under this clause, a new arrangement of senatorial districts was made Feb- ruary 7, 1791; March 4, 1796; and April 17, 1815. — 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 poAver of the future legislatures of this State, for the convenience and ad\antage of the good people thereof, to divide the same into such further and other "counties and districts as shall to them appear necessary. XIII." And this convention doth further, in the name and by the authority of the good people of this State, ordain, determine, and declare, that no member of this State shall be disfranchised, or de- prived of any the rights or privileges secured to the subjects of this State by this constitution, nnless by the law of the land, or the 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 ])urpose, 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, oncein every three years, and as often as the seat 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 resi)ective 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 ofall 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 t"o time, provided such prorogations shall » See amendment. New York— 1777 2633 not exceed sixty clays 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 lie 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 sucli 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: Prodded., 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 of the senate, which he shall exer- cise pro 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 nominate' and appoint one of the senators from each great district, which senators shall form a council for the appointment of the said officers, of which the governor for the time being, or the lieutenant- governor, or the president of the senate, when they shall respectively administer the government, shall be president and 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 sixt}^ years. XXV. That the chancellor and judges of the supreme court shall not, at the same time, hold any other office, excepting that of X>ele- 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 attornej^s, 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 bv 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 openlv nominate as many persons as shall be equal to the whole number of Delegates to lie 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 of all laws shall be as follows, to wit : "5e it enacted hy the people of the State of New York, represented m senate and assembly f 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 th6 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 extencl 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 alloAved 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 connnon 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, 2636 New York— 1777 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 colony of New Pork and its inhabitants, or are repugnant to this constitution, be, and they hereby are, abrogated and rejected. And this convention doth further ordain, that the resolves or resolutions of the congresses of the colony of New York, and of the convention of the State of New York, now in force, and not repugnant to the government established by this constitution, shall be considered as making part of the laws of this State; subject, nevertheless, to such alterations and provisions as the legislature of this State may, from time to time, make concerning the same. XXXVI. And he it furtlier 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 clay 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 aft'ect 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 iDublication of this constitution. And further, that all such of the officers described in the said charters resj^ectively as, by the terms of the said charters, were to be api)ointed by the governor of the colony of New York, with or Avithout the advice and consent of the councit 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 i)ractised 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. XXXyiTT. And whereas w^e are required, by the benevolent prin- ciples of rational liberty, not only to expel fcivil tyranny, but also to guard against that s])iritual o])pression 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 dedare, that the free exercise and enjoyment of re- ligious profession and worship, without discrimination or preference, shall foreA'er hereafter be allowed, within this State, to all mankind: Provided, That the liberty of conscience, hereb}^ 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 gosjDel 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 always be in a condition of defence ; and it is the duty of every man who enjoys fhe protection of society to be prepared and willing to defend it; this convention therefore, in the name and bj' 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 Avorth." And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hare- aft'er, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State. XLI. And this convention doth further ordain, determine, and declare, in the name and by the authority of the good people of this State, that trial by jury, in all cases in which it hath heretofore been used in the colony of New York, shall be established and remain inviolate forever. And that no acts of attainder shall be passed by the legislature of this State for crimes, other than those committed before the termination of the present war; and that such acts shall not work a corruption of blood.'^ And further, that the legislature of this State shall, at no time hereafter, institute any new court or courts, but such as shall proceed according to the course of the common law, XLIJ. 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 bej'ond sea, and out of the United States of America, shall come to settle in and become subjects of this State, a This exemption-fee was fixed at £10 per annum by the act of April 3, 1778, organizing the militia of the State. — Hough. 6 By an act of October 23, 1779, fifty-eight persons, of whom three were females, were attainted and banished from the State for adherence to the enem_y. 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 fro tempore. AMENDMENTS TO THE CONSTITUTION OF 1777 * ^ In Convention of Delegates, Albany, October 27, 1801. * "\Miereas 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, '' for 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 power 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 members of the assembly hereafter to be elected shall be one hundred, and shall never exceed one hundred and II. That the legislature at their next session shall apportion the said one hundred members of the assembly among the several counties of this State, as nearlj^ as may be, according to the number of electors which shall ho. 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 lath Day of October, 1801. Albany: Printed by •John I'.arber, Printer to the Convention, MDCCCI." pp. 42. "The custoiii 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 a These ameiiduieids were framed by a convention which assembled at Albany October i:',, ISOl, and terminated its labors October 27, 1801. They were no't submitteil 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 3\\\y 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 Xew 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, asseru- 2640 New York— 1821 Article I Section 1. The legislative power of this State shall be vested 4n- 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 meiBbers. 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 Avel- fare shall require secrecy. Neither house shall, without the consent of the other, adjourn for more than tw^o days. Sec 5. The State shall be divided i-nto 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, Richmond, and New York. The second district shall consist of the counties of Westchester, Putnam, Dutchess, Rockland, Orange, Ulster, and Sullivan. The third district shall consist of the counties of (Ireene, 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 Herkjmer, 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; bletl for the purpose of amemling the Constitution of the State of New York : containing,' all the official Documents, relating to the Subject, and other valu- able matter. By Nathaniel II. Carter and William L. Stone, Reporters; and .Marcus T. C. (Jould, Stenograi)her. Albany: Printed and Published by E. and K. Ilosford. 1821." pp. G59-(J70. " This constitution was framed by a convention which assembled at Albany August I'M, 1,S21. 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 ever}^ 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 assemblj' shall be chosen by counties, and shall be apportioned among the several counties of the State, as nearly as ma}' 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 assembh'^ 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 etl'ect during the year in which 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. Xo 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. Xo 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- l^rove, 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 hini,^ 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 Avhich 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 nia- jority of all the members elected to the senate concur therein. Sec. 14. The political year shall begin on th'e first day of Janirary ; 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; a.nd 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 assembly, 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 hiw, 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 i^receding 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 ffl See auieudiiient. New York— 1821 ■ 2643 been actually rated, and paid a tax thereon, shall be entitled to vote at an\ 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 conA'ictions for treason, he shall have power to suspend the execution of tlie 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 Avhen 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 onlv 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 vacancy shall be filled or 4he 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. ?). 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 connnissioned officers of the militia shall be commis- sioned by the governor, and no commissioned officer sha.ll 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 apj^ointment and removal, if two-thirds of the members present in each house shall concur therein. Sec. C). 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 togcllier, 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 siiall 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. 7. 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 m their nominations, in all or in part, they shall file a cei-tificate 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." P^very person appointed a justice of the peace shall hold his office for four years, iniless removed by the county court, for causes par- ticularly assigned b}^ the judges of the said court. And no justice of the i^eace 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 securit}', 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. 0. 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 ajjpointing 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, nnless 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 api)ointed by the court of general sessions of the peace in said city, and hold liis 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 maimer. 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. Ifi. Where the duration of any office is not prescribed by this constitutiou, 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 imjieachment shall be prosecuted against the chancellor, or any justice of the su])reme court, the person so im- peached shall be suspended from exercising his office, until his ac- quittal ; and Avhen an appeal from a decree in chancery shall be heard, tiie 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 allirmance or reversal. Sec, 2. The assembly shall have the ])ower of impeaching all civil officei-s of this State foi- nial 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 imi)artially 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— 18^1 2647 from office and disqualification to liold and enjoy any office of lionor, trust, or profit under tliis State; but tlie 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. 6. 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 of 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, excej^t such inferior officers as may by law" be 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, ancl 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 on 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 shallprovide 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 freel}^ 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 ac(iuitte(l : and the jury shall have the right to determine the law and the fact. Sec. t). The assent of two-thirds of the members elected to each branch of the legislature shall be requisite to every bill appropriati^ig the public moneys or property for local or private purposes, or creating, continuing, altering, or renewing any body politic or cor- porate. Sec. 10. /J'he 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 clay 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 clay 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 a See amendment. 2650 Neiv 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 da}^ 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 annid any charters to bodies politic and corporate, by him or them made before that*clay ; 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. Article VIII Section 1. Any amendment or amendments to this constitution may be i)roposed 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 j^revious to the time of making such choice ; and if in the legislature next chosen as aforesaid such proposed amendment or amendments shall be agi-eed to by two-thirds of all the members elected to each house, then it shalf 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 amendment or amendments shall boconie part of the constitution. Article IX Section 1. This constitution shall be in force from the last day of De." 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- loAvinij be substituted in the place thereof: "Ever^^ 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 4he people." (Ratifiecl 18.33) 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 tliis State, but shall not, while the same is appropriated and pledged b}^ the said section, be reduced beloAV 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 incinsistent with this amenduieut be abrogated. IV. At the end of the tenth section of the fourth article of the said constitution add the following words: "Except in the cit}^ 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, 18:35) V. Whenever a sufficient amount of money shall bej^ollectecl 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 hundred dollars, otherwise appropriated by the act of the fifteentli of April, one tliousand eight hundred and seventeen, and the duties ou the manufacture of salt shall be restored to the general fund. (Ratified Noveniher. 18:?0) VI. ]Mayors of the several cities in this State may be elected an- nually by the inale inhabitants entitled to vote for members of the conunon 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 bv law, such mayors (excepting the mayor of the city of Xew York) shall be ap- poiiited in the manner now provided by the constitution of this State; 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- <2:ated. (RMtified X()veiiil)er. 1845) VII. Xo 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 eitluer house shall act thereupon, and shall have an opportunity to be heard in his defence before any question shall be taken uj^on 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 Ncav York, grateful to Almighty God for our freedom : in order to secure its blessings, do establish this Constitution. Article I Sectiox 1. Xo 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 Avhich it has been hereto- fore used, shall remain inviolate forever. But a jury trial may be waived W the parties in all civil cases in the manner to be prescribed by law. Sec. 3. The free exercise and enjoyment of religious ])rofession 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. " The Constitution as adopted in 1846 verified from " The Constitution of the State of New Yorlv. as adopted in Convention. Oct. 0, 1840. New-Yorlv : Pub- lished by .James S. Burnton. 274 Bowery. Albany : From the Steam Press of Carrol & Cook. Printers to the Convention. 1864." 30 pp. 6 This Constitution was framed by a Convention which met .Tune 1, 1846 and adjourned October 0. 184r). It was subuntted to the people in November, 184G, and adopted by a vote of 221..528 to 92,430. 2654 New York— 181^6 Sec. 4, 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. 5. Excessive bail shall not be required, nor excessive fines im- 230sed, nor shall cruel and unusual punishment be inflicted, nor sjiall 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 Avith the consent of Congress in time of peace; and in cases of petit larceny, under the regulatimi 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 clefend in person and with counsel, as in civil actions. No person shall be subject to be twice put in jeopard}'' 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 ]3roperty Avithout due process of hnv : 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, Avhen 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 i:)erson 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 l)e given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libellous is true, and w^as 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. D. 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 tliereof, nor shall any divorce be granted, otherwise than by due judicial proceedings, nor shall any lotterv hereafter be author- ized or any sale of lottery tickets allowed within this State. Sec. IL 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, fi-om a defect of heirs, shall revert, or escheat to the people. Sec. 12. All feudal teinires of everv description, with all their in- cidents, are declared to be abolished" saving however, all rents and New York— 1846 2655 services certain Avhicli 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. Xo 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 anj^ 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. Xo 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 Xew-York, as together did form the laAV 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 Xew-York, in force on the twentieth day of April, one thousand seven hundred and seventy-seven, which have not since expired, or been re^Dealed 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. Ajid 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 bodies cor^Dorate, or any other rights of property, or any suits, actions, rights of actions, or other proceedings in courts of justice. 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 Stiite 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 elscAvhere, 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 which the officer is to be chosen for whom he offers his vote. But no man of color, unless he shall have been for fliree years a citizen of this State, and for one year next preceding any election shall have been seized and possessed of a freehold estate (Tf the value of two hundred and fifty dollars, over and above all del)ts 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. x\ll 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 (me (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) numV)er four (4) number five (5) and number six (G) shall consist of the city and county of New- York; New York—lS46 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 Avhich 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 (0) 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 Osw^ego. District number twenty-one (21) shall consist of the counties of Jefferson and LeAvis. 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 tw^enty-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 pf 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 tliou- sand eight hundred and fifty-fiA'e, 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 j)receding 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 sii|:)orvisors in such counties as may be entitled, under such re- apportiounient, 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 member. 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 ^drtue of his office receive an additional compensation equal to one-third of his per diem allowance as a member. Sec. 7. 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 ap])ointments, and all votes given for any such member, for any such office, or appointment, shall be void. Sec. 8. Xo person being a member of Congress, or holding any judicial or military office under the LTnitecl 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 A^acate 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 otherwise 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 eacli house shall be kept open, except when the ])ublic 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. 1G. 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 £ime 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^hall 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 officers 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 laAvs are faithfully executed. He shall, at stated times, receive for his services a compensation to be estab- lished by law, Avhich 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 ])ardons 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 applyiug for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be re])orted to the Legislature at its next meeting, when the Legisla- tiire shall either pardon, or connnute 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 ho was convictod, the sentence and its date, and the date of the connnutation, pardon or repi'ieve. Sec. <;. In ease of the impeachment of the Governor, or his re- mo \al 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 resicUie 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, wdiile acting as such, re- ceive a compensation which shall l)e fixed Iw law, and which shall not be increased or diminished during his continuance in office. Sec. 0. 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 which it shall likewise be reconsidered; and if approved by tAvo-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 Avithin 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 (except the Speaker of the Assembly), shall at stated times, during his continuance in office, receive for his services, a com]:)ensation, 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. 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 i>ot a practical engineer. Sec 3. Three Canal Commissioners shall be chosen at the general election which shall be held next after the adoption of this Constitu- tion, one of whom shall hold his office for one year, one for two years, and one for three years. The Commissioners of the Canal Fund 2662 New York— 1840 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, Avho shall hold his office for three years. Sec. 4. Three Inspectors of State l^risons, shall be elected at*the general election which shall be held next after the adoj^tion of this Constitution, one of whom shall hold his office for one year, one for tAvo 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 fortwo, 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 j)risons, 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 Survevor, 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. G. 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 law. Sec. 7. The Treasurer may be suspended from office- by the (tov- 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 inspecting any merchandize, produce, manufacture or commodity, whatever, are hereby abolished, and no such office shall hereafter be created by hiAv ; 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 property, revenue, tolls, or purchases, or of supplying the peo])le Avith correct standards of weights and measures, or shall prevent the creation of any office for such purposes hereafter. Autici.e VI Section 1. The Assembly shall have the power of impeachment, l)y the vote of a majority of all the members elected. The court for till' 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 pai-t of them. On the trial of an impeachment aoainst the (lovernor, the Lieutenant-Cxovernor 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. Judg-ment 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 years, 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 Su])reme Court, 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 lines and to be compact and equal in i)()pulation 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 Xew-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 every two years. After the exj^iration 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 equit3% as they have heretofore possessed. Sec. 6. 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 New York—1846 Justice of the Supreme Court, or judge of the court of appeals), given by the Legishiture or the people, shall be void. They shall not exercise any power of a])pointment to public office. Any mftle citizen of the age of twenty-one years, of good moral character, and Avho possesses the requisite qualifications of learning and abilrty, shall be entitled to admission to practice in all the courts of fhis State. Sec. 9. The classification of the Justices 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 ancL ter- miner within the several counties, shall be provided for by law. Sec. 10. The testimony in equity cases shall be taken in like ma»- 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 therein. 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 unless 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 13. In case the office of any jndge of the Court ot Appeals, or justice of the Supreme Court, shall become vacant before the expira- tion of the regular term for which 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 county 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, Avith 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 l)e required by law. Tile county judge shall receive an annual salary, to be fixed by the board of supervisors, Avhich 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. New York— 1846 2665 In counties having a population exceeding forty thousand, the Legislature may provide for 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 ma}^, 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— IS 46 Sec. 23. Tribunals of conciliation may l)c established, with such powers and duties as may be prescribed by law, bnt snch 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 s«ch tribunal, in such cases as shall be prescribed by law. Sec. 2J:. The Legislature at its fii'St session after the adoption of this Constitution, shall provide for the appointment of three comiyi-;- 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 YII 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 calted 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 da}^ of June, one thousand eight hundred and fortj^-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 Treasury or General Fund, until the saine 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— IS//) 2667 if tho payment of any part of the monies to the said sinkino- fund shall at any time be deferred, by reason of the priority recoonized in the first section of this article, the sum so deferred, with quarterly interest 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 ma^^ 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, and the Genesee Valle}^ 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 necessar}^ expenses of the government, without continuing or laying a direct tax, the Legislature may, at its discretion, snpply the deficiency, in whole or in part, from the surplus revenues of the canals, after complying with the provisions of the first two 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 fiftv thousand dollars, including the sum of two hundred thousand dollars, I)rovided 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 del)t shall be paid, or the said canals shall be completed, then the sum of six hundred and seventy- two thousand five hundred dollars, or so much thereof as shall he 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 fairh^ 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 timelimited 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 j^rove 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 pa^^able, 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 A^ew' York — 18 46 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. C). 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. 7. 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 authoritv of law and under the direction of the com- missioners of the land office, for the purpose of 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 under its management, except in pursuance of an appropriation by law; nor \niless such ]xayment be made within two years next after the passage of such ai^propriation act; and CA^ery 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 huv 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 Avhicli they were 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 war; but the money arising from the con- tracting of such debts shall b6 applied to the purpose for which it was raised, or to repay such debts, and to no other purpose wdiatever. 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 l)ehalf 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 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 ])assage 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 ? " New York— 1846 2669 The Legislature may at any time, after the approval of such law l)V the ])e()ple. if no debt shall have been contracted in pursuance (hereof, repeal the same; and may at any time, by law, forbid the contracting- of any further debt or liability under such law; Init 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 herein before specified to pay and discharofe 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 i)urpose 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, or any amendment to the Constitution, shall be submitted to be voted for or against. Sec. 13. Every law which 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 every 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 l)e 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 (piorum therein. Article VIII Section 1. Corporations may be formed under general laws; but shall not be created by sj^eciial 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 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. Sec. 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 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. 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, Rssociation or corporation issuing- bank notes of aiiv (lescrii)tioii. Spx". O. The Leo-islature shall pro\i(le by law for the registry ot 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 hilndred and fifty, shall be individually respc^n- 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 day of January, one tTlou- 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 corjDorations. 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 apjilied 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 United States Deposite Fund shall each year be appropriated to and made a part of the capital of the said Connnon School Fund. Article X 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 laAv, to rencAv their security, from time to time; and in default of giving such neAv security, their offices shall be deemed vacant. But the county shall never be made responsible for the acts of the sheriff. The (Jovernor nuiy remoA^e 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 ni 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 comities, or appointed by the boards oi supervisors, or other county authorities, as the Legislature shall direct. All city, town and village officers, whose electi(m or appointment is not pro- New York—184U 2671 videcl 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 ap23ointment. 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 commencement of the political year next succeeding the first annual election after the happening of the vacancy. Sec. 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 Tuesday in January, unless a different day shall be appointed by law. Sec. 7. Provisions shall be made by h\w for the removal for mis- conduct or malversation in office of all officers (except judicial) wdiose 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, Avhere no provision is made for that purpose in this Constitution. ^Vrticle XI Sectiox 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 Avhatever 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 appointed, as follows : — ■ captains, subalterns and non-commissioned 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 \otes 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 commanding officers of regiments or separate battalions, shall appoint the staff officers to their respective divisions, brigades, regiments or separate battalions. Sec. 3. The Governor 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 Governor 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. -t. The Legislature shall, by law, direct the time and mamiCr of electing militia officers, and of certifying their elections to the Governor. * Sec. 5. The commissioned officers of the militia shall be connnis- 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 remCh^al, as before provided. Sec. 6. In case the mode of election and appointment of militiJt officers hereby directed, shall not be found conducive to the improve- ment of the militia, the Legislature may abolish the same, and pro- Adde by law for their appointment and removal, if two-thirds of the members j^resent in each house shall 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 folloAving 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 Avill faithfully discharge the duties of tlie 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. An}' amendment or amendments to this Constitution nuiy 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 yeasland nays taken thereon, and referred to the Legislatiu-e to be chosen at the next general election of vSonators, and shall be ])iiblished for three months previous to the lime 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 auiendmeiit or auiendments 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 au)endments, by a majority of the electors qualified to vote for members of the Legislature, votiug thereon, such ameudment or amendments shall become part of the CoustitulioM. Se(."J. At the general i-lection to be held in the year eighteen liuutlred and sixty-six, and in each twentieth year thereafter, and New York— 1846 2673 also at such time as the LegisLature may by hiw 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 l)rovide 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 effect, shall hold their respective offices until and including the thirty-first day of December of that year. Sec. 3. The Secretary of State, Comptroller, Treasurer, Attorney- ( ieneral. District- Attorney, Surveyor-General, Canal Commissioners, and inspectors of State prisons in office when this Constitution shall take 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- peals, justices of the Supreme Court, and county judges, shall take place at such time between the first Tuesday of Ai:)ril 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 upon 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 and forty-seven, jurisdiction of all suits and proceedings then pending in the present Supreme Court and Court of 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 pending 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 such 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 herebv established niav lawfully take cognizance; and of such indictments and proceedings the couVts of sessions hereby established shall have jurisdiction on and after the day last mentioned. Sec. 0. 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 JNIonday 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 hear* and determined. Masters in chancery may continue to exercise the func- tions of their office in the court of chancery, so lon^ as the ChancellSr 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. T. 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 with 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, ma}' 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 ]Mondav of Julv, one thousand eight hundred an4 forty-seven, (1847.) Sec. 1>. 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 cfiiunties, (including the register and clerk of the city and county of New-York) and justices of tlie peace, and coroners, in office. Avhen this Constitution shall take effect, shall hold their respective offices until the expiration of the term for which I hey were respectively elected. Sec. 11. Judicial officers in office Avhen this Constitution shall take effect, may continue to receive such fees and perquisites of office as are now 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. Skc. 12. All local courts estal)lislied in any city or village, includ- ing the superior court, conunon pleas, sessions aiid surrogate's courts of the city and county of Xew York shall remain, until otherwise directed by the Legislature, w^ith their ])resent pow-ers 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. Ja3ies F. Starbuck, H. AV. Strong, Fr. Seger, Secretaries. State or Xew-York, Secretarifs Office. I have compared the preceding with the original engrossed Consti- tution deposited in this office on the ninth day of October, 18J:6, 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 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 dis- trict; and the Legislature shall have poAver 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 * The amendments to the Constitution of 1S46 verified by " The Constitution of the State of New York. Adopted November 3, 1846. As amended and in force January 1, 1887. Prepared from the original in office of Secretary of State, under direction of Fredericli Cook, Secretary of State. Albany : Weed, Parsons and Company, I'rinters. 1887."' a As amended by vote of the people, November 3, 1874, 72.54— VOL .5—09 10 267(3 New York— 1846 to another, to be paid or used, any money or other valuable thing as a compensation or reward for the giving or Avithholding 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 directfy or indirectly interested in any bet or Avager depending upon the result of any election, shall vote at such election ; and upon challenge for such "cause, the i^erson 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 mone^ 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 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. 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 preseiit organized, until after the enumeration 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 cambe ascertained, and the apportionment and districts shall remain un- altered until another enumeration shall be made as herein provided. Xo town shall l)e divided in the formation of Assembly districts. Every county heretofore established and separately organized, except a As ■•niioiKlpd by vote of the people, Novemher ."., 1S74. New York--1846 2677 the county of Hamilton, shall ahvavs 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, imtil 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. 0. 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 ever}' 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 Impeach- ments, and such members of the Assembly, not exceeding nine in number, as shall be ajjpointed managers of an impeachment, shall receive an additional allowance of ten dollars a day. '^ Sec. T. Xo member of the Legislature shall receive any civil ap- pointment 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 Aotes 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 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, or under any city govern- ment, his acceptance thereof shall vacate his seat. Article III '^ Sec. IT. No act shall be passed which shall provide that any existing law", or any* part thereof, shall be nuide or deemed a part of said act, or which shall enact that any existing law, 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 ]ietit jurors. Regulating the rate of interest on monej''. 1 As amended by vote of the people. November 3, lS7-t. & Added by vole oi tlie people. November o, 1ST4. 2678 New York— 1846 Tlie 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'OT appointed. (Iranting to any corporation, association or individual the rig^t to lay down railroad tracks, (iranting to any private corporation, association or individual any exclusive privilege, immunity or franchise whatever. Providing for building bridges, and chartering companies for sucli 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 juclg- meut 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 which 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 (leneral Term of the Supreme Court, in the district in which it is proj)osed to be constructed, may, upon ai^plication, appoint three coimnissioners 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-owmers. « Sec. 19. The Legislature shall neither audit nor allow any private claim or account against the State, but may a])propriate money to pay such claims as shall have been audited and allowed according to law. " Sp:c. '!{). Every law which imposes, continues or revisgii a tax shall distinctly state the tax and the object to which it is to be applied, and it shall not l)e 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 Avhich 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 connnutes any claim or demand of the State, the question shall be taken by yeas and nays, Avhich shall be duly entered upon the journals, and tliree- Hfths 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 connnon council or board of aldermen thereof * " Skc. 2:'). The Legislature shall, by general laws, confer upon the lioards of supcrviscn's of the several counties of the State such further |»o\V('is of local legislation and adminislridion as the Legislature may fiiiiii time to time deem expedient. " Added l.y vole of tlic people, November 3, 1874, New York— 1846 2679 " Sec, 24. The •Legislature shall not, nor shall the common eouncil of any city, nor any board of supervisors, grant any extra com]jensa- 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- pointed pursuant to law to revise the statutes. Article IV '' Section L The executive power shall be vested in a Governor, who sh^ll hold his office for three years; a Lieutenant-Cxovernor shall be chosen at the same time, and for the same term. The Governor and Lieutenant-Governor elected next i)receding the time when this section shall take effect sliall 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 Governor may recommend for consideration. He shall com- municate by message to the Legislature at every session the condition of the State, and reconnnend 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 may be required to ])erform by the Constitution or by law. ^ Sec. 9. Every 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, wdiich 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 clays (Sundays excepted) after it shall have been presented to (^ Added by vote of the people, November 3, 1874. 6 As amended l).v vote of the people, November .''>, 1874. 2080 New York— 18/^6 liiiii. 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 _tJie Governor. No bill shall become a law after the final adjcnirnnient of the Legislature, unless approved by the (lovernor within thii;ty 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 objecticns of the Governor. All the j)rovisions of this section, in relation to bills not ajiproved by the Governor, shall apply in cases in which he shall witlihold his approval from any item or items contained in a bill a})i)ropriating 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 api)ointed 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 Avith the execution of all laws relating to the repair anjl navigation of the canals, and also of those relating to the construction and im- [)rovement of the canals, except so far as the execution of the laws i-elating to such construction or improvement shall be confided to the .State Engineer and Surveyor; subject to the control of the Legisla- ture, he sliall make the rules and regulations for the navigation or use of the canals. He may be suspended or removed from office by the (lOvernor, 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 I*ublic Works shall appoint not more than three assistant superintendents, whose duties shall be prescribed by hiin, 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 re(juire. Any vacancy in the office of any such assistant su]K'rintendent shall be' filled for the remainder of the term for which he was appointed, by the Superintendent of Pub- lie Works; but in case of the suspension or removal of any such "As juiKMHlod I>.v vote of the peoi)le, November 7, 1870. Neir York— 1846 2681 assistant superintendent by him, he sliall 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 dej^artment 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 Suj^erintendent of Public Works, until which time the Canal Commissioners shall continue to discharge their duties as now provided by law. The Superintendent oi Public Works shall perform all the duties of the Canal Commissioners, and Board of Canal Commissioners, as now declared by law, until other- Avise 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 Avith 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- l^oint 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 al)olished. 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. Article VI "■ Section 1. The Assembly shall have the power of impeachment, by a vote of the 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 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. Xo 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 aAs .imencled 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 pariy impeachment shall be liable to indictment and punishment according to law. Sec. 2. There shall be a Court of Appeals, composed of a Cltief 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, eA^ery elector may vote for the Chief and only four of the Associate Judges, ^ny five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have tlxp appointment, with the power of removal, of its reporter and clerk, and of such attendants 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 with 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 temporary 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 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 December next after the election at which* the vacancy shall 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 whom 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 with the ad- vice 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 by 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— 1846 2683 move such attendants as may be necessary. The reporter of the Court of x\ppeals 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 Connnission shall con- tinue until the causes committed to it are determined, but not exceed- ing three years; and all causes then undetermined sliall 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, but not oftener than once in five years, provisions shall l)e made for organizing, in the Supreme Court, not more than four (leneral 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 Pi-esiding 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 exjjiration 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 vacanc}^ 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 clay of December next after the election at which the vacancy shall be filled. 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 Senarte, 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 Gourt of Common Pleas for the city and county of New York, the Superior Court of Buifalo, and the City Court of i3rooklyn, are continued, witii the powers and jurisdiction the}^ 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 Brookl^'n of such number of Judges not exceeding three as may be i)rovided 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 own number, Avho 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 C^ourt of Common Pleas of New York to hold Circuits or Special Terms of the Supreme Court in that city as the public interest mav require. Skc. 13. Justices of the Supreme Court shall be clTosen 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 Avhich the said courts are insti- tuted. The fjfficial 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 i)erson 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 the Court of Appeals and the Justices of the Supreme Coui-t, they shall be ])aid, and the expenses of their courts defrayed, by the cities or counties in which such courts are instituted, as shall be i)rovided by law. Sec. 15. The existing County Courts are continued, and the Judges thereof m 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 posi^oss, 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 when 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 allowance 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 T^egislature 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. 1G. .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 to exercise such other powers in special cases as may be ])rovided b}" law. Sec. it. 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 fludge of the Court of Appeals, and of Justice of the Supreme Court, be hereafter filled by appointment T' '' 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 l)y 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 when next convened, and such a]>pointment 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. " Submitted to vote of the people. November 4, 187.3 — pursuant to chapter .'514, Laws of 1873, — and determined in the negative. 2686 New York—1846 In case of an election to fill a vacancy occurring before the expira- tion of a full term, they s^hall 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 nuiy 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 hnv ; all other judicial officers in cities, whose election or aj^pointment is not ©ther- wdse 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 crnninal 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 Ai)peals 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 bf Common Pleas for the city and county of Ne^v York shall take place on such day, betAveen 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 excedmg 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 amendment, 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, hfth, 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. 0, 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 Xew 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 Xew York, the Court of Common Pleas for the city and county of Xew York, the Superior Court of Buffalo, and the City Court of Brooklyn, are continued Avith the powers and jurisdiction they now severally have, and such further « Section 28 added by vote of the people, November 5, 1872. Article 6 of the Constitution (except section 28) was frrtuied by delegates elected April 23, 1867, under chapter 194, Laws 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 6, 1866), which Convention met in the city of Albany June 4, 1867, and adjourned February 28, 1868. Article 6 (except section 28) was submitted separately to the people, pur- suant to chapter 318, Laws of 1860. at the general election held November 2, 1869, and declared ratified and adopted by the Board of State Canvassers, by certificate of determination, dated December 6, 1869. the official vote thereon, as declared, standing, " for the amended judiciary article," 247,240 votes, and " against the amended judiciary article," 240,442 votes. ^ 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. d See chapter 329, Laws of 1883. f As amended by a vote of the people November 4. 1879. f See chapter 241, Laws of 1847, chapter 485. Laws of 1857, and chapter 24, Laws of 1876, for existing judicial districts. See, also, section 28. adopted by I)eople November 7, 1882, increasing number of .Justices of the Supreme Court, and chapter 329. Laws of 1883. 'J See note " on p. 2688. 2688 New York— 1846 civil and criminal jurisdiction as may be conferred by hnv. The Siii^erior 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 Xew 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 Gity 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 own number, who shall act as such during his official term. Vacancies in the office of the Judges nained 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 .Tune, 18G7. Albany : Weed, Parsons & Company ; Printers to the Convention. 18G7. pp. 1547." " Proceedings and Debates of the Constitutional Convention «*" the State of New York, held in 18(57 and 18G8, in the City of Albany. Reportetl by Edward F. Uuderhill. official stenographer. Vols, I, II, III, IV, V. With Index. Albany: Weed. I'arsons and Company. Printers to the convention. 1868." "New York Convention Manual prepared in jjursnance of Chapters 194 and 4.58. of the laws of lsr)7, under the Direction of Francis C. Barlow. Secretary of State, Thomas Ilillhouse, Comptroller, and .John H. ^Martindale, Attonipy-(Jen- eral. P.y Franklin P.. Hough. Part I. pp. 580. Constitutions. Part II. pp. 4(;2. Statistics. Albhny, N. Y. : Weed. Parsons & Company, Printers. 1867." "Documents of the Convention of the State of New York, 1867-68. Vols. I. II. Ill, IV. \. Nos. 1 to 18.3 inclusive. Alban : Weed, Parsons and Com- Itany, I'rinters 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, 18(50. pp. .50. See " .Tournal of the Constitutional Couunission of the State of New York. P.egnn and Held in the Common Council Chambei', in the City of Albany, on the 4th Day of December, 1872-.3. Al!)any : Weed. Parsons & Co.^ Printers, 1873, pp. 48.'>. Append i.\. "Concurrent Resolulions proposing .Vmendments to the Constitution of tlu> State of New York, wilh 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 tlie New York State Council of Political Reform. Albanv, August 18. 1874." p]). 1(5. New York—lS4b' 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 3'ears 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 Avho 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. ('). 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 })roperty 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 Avhich, as between citizens of the State, Avould be barred by lapse of time. The limitation of existing claims shall begin 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 which 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 imder 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. 20U0 New York — 1846 property of such bank or institution for savings. The legislature shall have no power to pass anj^ 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 Le^s- 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. Xor shall it apply to any fund or property now heM, 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, toAvn 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 law. 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 cit}^ 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 Jndebtedness 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. Xor 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 water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said l)onds for their redemption, by raising annually a sum which will l^roduce an amount equal to the sum of the princij^al 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 sucli county or city, to be ascertained as prescribed in this section in respect to county or city debt. " As aiiiondpd liy voto of tlie pooplo. November .3. 1874. '' Soc-tioiis 10 and 11 added by vote of tlie people, November .'',, 1S74. and seetiou 11 amended liy vote of the people, Novemlter 4, 1884. New York— 1846 2691 Article X ^ Sec. 9. No officer whose salary is fixed by the Constitution shall receive any adclitonal 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 durino; 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 resj^ective 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 indirect!}^, 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 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 o 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. An^^ person charged Avith 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 ayIio 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 reiyoved 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 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 fort}^- 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 Artir-le 16 added by vote of the 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 2 357,6.35 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, 1.39 For amendment of article 8, sections 4 and 11 337,891 Against 194, 234 For amendment of article 8, section 10 336,2.37 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, 1876. For amendment of article 5, section 3 5.33,153 Against 81, 832 For amendment of article 5, section 4 5.30,226 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 '. a574. 993 Against 630,766 a Including 218,376 informal votes. » Including 3,735 informal votes. 2694 New York — 1894 THE CONSTITUTION OF NEW YORK— 1894 * « PREAMBLE AVe, 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 ameuded 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 b}' 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 alloAved 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 rec[uired 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.] § 0. 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 l)c allowed to appear and defend in person and Avith counsel as in civil actions. No i)erson 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 III the Senate and Assciuhly of the State of New York. Published pursu- ant to section If) of the legislative law. Lafayette B. Gleason, Clerk of the Senate; A. E. liaxtor. (Mork of the Assembly. Albany: The Journal Company, I'rniters. 1007. 662 pp. a As proposed by the Constitutional Convention, September 29, 1894, at Albany, X. 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 6 of article I of the constitution of 184G, without change.l § 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 amoinit, 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 responsibl3 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 libeloius 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 2:)roperty 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 coastitution 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 absolute 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 period than twelve j^ears, 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 >*oid. [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 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. [Section 17 of article I of the amended constitution of 1846, amended, by strilving 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 afi'ect 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 ofter 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 the amended constitution of 1846 amended by requir- ing a citizenslaip of ninety days, instead of ten, before election.] § 2. Xo person who shall receive, accept, or olfer 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 Avho 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 184G 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 gained 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— 189 4 § 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 transijosing 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 jiot 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 vears, 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 ;^2 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, twentv-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 INlanhattan 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 Xew 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 mnnbers 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, Ri\dngton 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 streel:, Dominick street, Varick street, Broome street, Sullivan street, Spring street, Broadwav, Fourth street, the Bowery and Third avenue, Four- teenth street. Sixth avenue, AVest 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 within and bounded by a line beginning at the junction of West Fourteenth street and Sixth avenue, and running thence along Sixth avenue, AVest 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 (17) shall consist of that part of the county of New York Ij^ing 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- welTs 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, West 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 l.ying 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 RandalFs 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 tlie 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 twenty-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. Disitrict 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 of 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. r~ District number thirty-six (3G) 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, tAvelfth, thirteenth, fourteenth, sixteenth, seventeenth and eighteenth wards of the city of Rochester, as at ])resent 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 AMieatland, and the first, second, third, fifth, ninth, tenth, eleventh, fifteenth, nine- teenth and twentieth wards of the city of Rochester, as at jDresent 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 Avards of the city of Buffalo, as at present constituted. District number forty-eight (48) shall consist of that part of the county of Erie com])rising 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 forty-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 enuuKM-ation 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 anj^ 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, wdiich 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 count}^ hereto- fore established and separately organized, except the county of Hamil- ton, shall always be entitled to one member of Assembly, and no coimty 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 count}^, in- cluding Fulton and Hamilton as i3ne 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 shalVbe aiDportioned to the several counties as follows: Albany county, four members; .lllegany county, one member; Broome county, two niem- bers; Cattaraugus county, two members; Cayuga county, two mem- bers; Chautauqua county, two members; Chemung county, one mem- ber; Chenango count3% one member; Clinton count}', one member; Columbia count}^, one member; Cortland county, one member; Dela- ware county, one member; Dutchess county, two members; Erie county, 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; Jeti'erson county, two members; Kings county, twent}'- 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 ; Oswego county, two members; Otsego county, one member; Putnam county, one member; Queens county, three members; Rensselaer county, three members; Richmond county, one member; Rockland county, one member; St. Lawrence count}', two members; Saratoga county, one member; Schenectady county, one member; Schoharie county, one member; Schuyler countj^, one member; Seneca county, one member ; Steuben county, two 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; AVayne county, one member; Westchester county, three members; Wyoming county, one member, and Yates county, one member. In any count}^ entitled to more than one member, tlie board of supervisors, and in anj'^ 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 eacli 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 towni 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 Sui:)reme Court, at the suit of any citizen, under such reasonable regulations as the Legislature may prescribe ; and any court before which 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 184(3, without change.] § 7. No member of the Legislature shall receive any civil appoint- ment wdthin 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— 189 1^ § 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 amencled constitution of 184G, 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 tlie amended constitution of 1840, without change.] § 10. A majority of each house shall constitute a quorum to do busi- ness. Each house shall determine the rules of its oAvn 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 ])resident 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 pi-eside 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^l846, 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 1.'^, 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, re])resented in Senate and Assembly, do enact as follows," and no law shall be enacted except by bill. I Section 14 of article III of the amended constitution of 1846, without <'hange. I § 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 passai?e, unless (he Governor, or the acting Governor, shall have certified to the neces- sity of its innnediate 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 nssent 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 l)e taken immediately thereafter, and the 3'eas 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 of said act, or which shall enact that any existing law, or part thereof, shall be ap2)licable, except by inserting it in such act. [Section 17 of article III of the amended constitution of 184(). 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 crindnal cases. Incorporating villages. Providing for election of members of boards of supervisors. Selecting, drawing, summoning or impaneling grand or i)etit 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 down 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- emi)tion from taxation on real or personal property. [Amended by vote of the people, Nov. 5. 1001.] 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 w^aters 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 judgment, may be provided for by general laws. But no law shall authorize the construction or operation of a street railroad except 7254— VOL 5—09 12 2708 ^ew York — 18,94 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 high^Yay 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 Caurt, 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 ou^ht 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 IS of article III of the amended constitution of 184G amended by changing the words " general term of the supreme court, in the district " in tlie 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 r and it shall not be sufficient for such law to refer to any other law to fix such sum. [Section 8 of article yil of the amended constitution of 184G, without change.] i$ 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 2o 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 impo.ses, continues or revives a tax, or creates a debt oi- charge, or makes, continues or revives any appropriation of public New York— 1894 2709 or trust monej' or property, or releases, discharges or commutes any claim or demand of the State, the question shall be taken by j^eas and nays. Avhich 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 1SJ:6, without 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 jnore 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 cit3\ [Section 22 of article III of the amended constitution of 1S46, 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 184'ith the ex-e- 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 lA'gislature, he shall make the Next York— 1894 2713 rules and regulations for the navigation or use of the canals. He maj 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 AVorks from office, the Governor shall file with the Secretary of State a statement of the cause of such removal, and shall report such i-emoval and the cause thereof to the Legislature at its next session. The Superintendent of Public AVorks shall appoint not more than three assistant superin- tendents, whose duties shall be jDrescribed 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 susjxmsion 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 3 of article V of tlae amended constitution of 184(), amended, by strilc- ing from such section tlie sentence abolisliing tlie office 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 liad a,nd 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 1840. amended. The words " were formerly " in the next 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 1840. amended l)y strilv- ing out tlie words "canal commissioners" and inserting in place thereof the words " superintendent of public works," to conform with section o of article ^^ 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 G of article V of the amended constitution of 184G, 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 connnencement 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 184(!, without change.] § 8. All offices for the weighing, gauging, measuring, culling or inspecting any merchandise, produce, manufacture or connnodity 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 ()r ]:)urchases or of supplying the people Avith 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 184(!, 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; j^rovided, 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 184<"). and the notes at the end of the f<)ll(»wing 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 Avith this article. Tlie 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 the 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 po])ulation 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, Xov. 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, ancl 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. Xo 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 appellate 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 time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so desig- nated to sit in the appellate division, in each department shall be 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 a]:)pellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. ^Alien- 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 ttny pending appeals from such department to any other department for hearing and determination. No justice of the appellate di^a.sion 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 Avhich 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 b_v 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 j^ower to appoint and remove a reporter. The justices of tlie appellate division in each department shall have poAver 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 bv vote of People, Nov. 7,1905.] [Anienfled and adopted November 7, 1890. The appellate division is a sub- stitute for and has the .iurisdiction of the former general t^rni. See amended constitution of ]84(j, article VI, sections 7 and 28, and L. 1883, chap. 329, 11. R., 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 l)y 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 poAver to alter and regulate the jurisdiction and proceedings in law and in equity that it has heretofore exercised. [Section 8 of article YI of the amended constitution of 184G, 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 same shall l>e 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 Avith the tulvice and consent of the vSenate, if the Senate shall be in session, or Neir York— 1894 2717 if not in session the (xovernor. may fill such vacancy by appointment, which shall continue until and including the last daj^ of December next after the election at which the vacancy shall be filled. [The fli'st sentence of this section relating to length of term is in section 13 of article VI of the amended constitution of 1840. The remainder of the section is in substance the same as section i) of article VI of the amended constitution of 1846.] § 5, The Superior Court of the citj^ 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 aft-er the first day of January, one thousand eight hundred and ninetj'^-six, and thereupon the seals, records, papers and documents of or belonging to such courts, shall l)e 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 by the said counties respectively, and shall be the same as the salaries of the other Justices of the Sui^reme 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 the}- 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 Xew 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 184t>.] § 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, excej^t as otherwise provided in this article, may hold court in any 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 next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to ajjpoint and to remove its reporter, clerk and attendants. "\Mienever and as often as a majority of the 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 Supreijie 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, when they shall return to the Supreme Court. The Governor may designate justices of the vSupreme Court to fill vacan- cies. No justice shall serve as associate judge of the Court of ApjTeals 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 YI of the amended constitution of 184G, amended and adopted November 7, 1899.] § 8. When a vacancy shall occur otherwise than by expiration of term, in the oifice 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 vacanc}^ 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 oifice 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. xVll appointments under this section shall continue until and including the last clay of Decem- ber next after the election at wdiich the vacancy shall be filled. [Section .3 of article VI of the amended constitution of 1840, 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 suj^porting or tending to sus- tain a finding of fact or a ver(,lict 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 hiw which, in its opinion, ought to l)e reviewed by the Court of Appeals. The T.egislature may further restrict the jurisdiction of the Court of Appeals and the light of ai)peal thereto, but the right to appeal shall not depend upon the amount involved. Xew York— 1894 2719 The provisions of this section shall not apply to orders made or judgments rendered by any General Term before the last day of December, one thousand eight hundred and ninet3'-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 than 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. Xo 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 1.3 of article 6 of tlie 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 impeachments shall be composed of the President of the Senate, the Senators 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 yn- peaclunent 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 members 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 hcmor, 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 ma.y be required by law. His salary shall be established l)v law, ]:)ayable out of the county treasury. A County Judge of any county may hold County Courts in any other county when requested by the judge of such other county. [Some of tlie itrovisions of tliis section are talven from section 1.5 of article VI of the amended coiistitution of ISKi. The jurisdiction is changed so that the limit is now two tliousand 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. SiuTogates and Surrogates' Courts shall have the jurisdiction and powers which the Surrogates and existing Surrogates' Courts \ew York— 1894 2721 noAv 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 jirovide for the election of a separate officer to be Surrogate, whose term of office shall be six j'ears. When the Surrogate shall be elected as a separate officer his salary shall be established by law, paj'^able out of the county treasury. Xo 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 offxe 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 tr}" 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 Justices 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 ime^Jpired 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 an}^ 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 herein otherwise provided, all judicial officers shall be elected or 2722 New York— 1894 appointed at such times and in sucli manner as the Legislature may direct. [Section 10 of article VI of the ameuded constitution of 1846, amended. Tlie 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 CTerk 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 pojDulation 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 in 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 ngw.] § 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 2.S 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 2.5 of article VI of the amended constitution of 1846, amended.] § 23. Courts of S])ecial 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, 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 debt-s 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 elFect 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 aj^proval 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 fuiid 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 — 189Jf amount equal to the accruing interest on such debt. [Amended by vote of People, Nov. 7, 1905.] [Section 2 of article VII of the auiended constitution of 184(j, amended by sti-ilving the words " the tentli 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 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. *- [Section 1.3 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 laAv, 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 hiAv, 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 api)ly to the canal knoAvn 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 remaiiiing 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 tlie 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- tal)le 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 performance. No extra compensation shall be made to any con- tractor ; but, if, from any unforeseen cause, the terms of anv contract 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 184G, amended hy striking 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 a impropriation 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 pay 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 bv 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 the 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 highway within the boundaries of such county or town and the proportionate i:>art 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 law^s; but shall not be created by special act, except for municipal ]:)urposes, 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 altei-ed from time to time or repealed. [Section 1 of article VIII of the amended constitution of 1846, witliout cliange.l § 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 18-t(i, without change.] § 3. The term corporation as used in this section shall be construed to include all associations and joint-stock companies having aTiy of the powers or privileges of cori)orations not possessed by individuals or partnerships. And all corporations shall have the right to sTie and shall be subject to be sued in all courts in like cases as natural persons. [Section .^> of article VIII of the amended constitution of 184(3, without chanisre.l § 4. The Legislature shall, by general kvv, 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 mone\ 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, :a'ithout 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 1840, 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 ]Mirposes. 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 oi everj'^ 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, over all other creditors of such bank or association. [Section 8 of article VIII of the amended constitution of 1846, without change.] 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 undertakino-. This section shall not, hoAvever, 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. Xor 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 ainendecT constitution of 1846, witliout change.] § 10. Xo 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 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 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. Xo county or city whose pres- ent indebtedness exceeds ten per centum of the assessed valuation of its real estate subject to taxation, shall be alloAved to become indebted in any further amount imtil 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. Xor 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 will 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 Xew York after the first day of January, nineteen hundred and four, to provide for the supply of water 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 wholly 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 j^er- sonal estate of such county or city, to be ascertained as prescribed in this section in respect to countv or city debt. [Amended by vote of People, Nov. 7, 1905.] [Section 11 of article VIII of the amended constitution of 184G, wi4h the following changes: (1) Extending the limitation of indebtedness to all cities and counties; (2) providing that certiticates 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 indel)tedness ; and (M) providing that the power of a coiuity to contract a debt shall cease when the boundaries of the county and city shall l)ecome co-terminus. 1 [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, nnniicipal, incorporated or not incorporated, which are of a chari- table, eleemosjniary, 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.] § 18. Existing laws relating to institutions referred to in the fore- going sections and to their suj)ervision 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 provision 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 New York— 1894 2729 ooimties, 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. Xo such payments shall be made for any inmate of such institutions who is not received and i-etained 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 Xew York, is hereby continued under the name of The University of the State of Xew 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 caj^ital of the said common school fund. [Section 1 of article IX of the amended constitution of 1846, without change.] § 4. Xeither 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 wholly 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— 18 fU Article X Section 1. Sheriffs, clerks of counties, district attorneys and regia- 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 tAvo or four years as the Legislature shall direct. Sheriffs shall hold no other office asd be ineligible for the next term after the termination of their offices. They may be required by law to renew their security, from tim£ 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 electee! ; giving to such officer a copy of the charges against him, and an opportunity of being heard in his defense. [Section 1 of article X of the amendetl constitution of 184G, 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 comity 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 autlior- dties 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 hereHfter 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 184G, 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 :\ of article X of the amended constitution of 184G, without change.] §4. The time of electing all officers named in this article^hall be prescribed by law. [Section 4 of article X of the amended constitution of 1840, without change.] § 5. The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person a])|)ointed to fill a vacancy shall hold his office by virtue of such appointment longer than the cominencement of the jiolitical year next succeeding the" first annual election after tlie lia])i)eniiig of tlu^ vacancy. [Section ."i of article X of the amended constitution of 1840, 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. L Section G of article X of the amended constitution of lS4(i, amended. The time of tlie assembling of the legislature is changed and made absolute.] § 7. Provision shall be made b}^ 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 1840, 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 184(5, 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 9 of article X of the amended constitution of 184(), 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 1840, 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 184G, 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 tfie 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— 1894 also nominate, and with the consent of the Senate a]5point, all major- generals. [The substance of this section is contained in section 3 of article XI of the amended constitution of 1S4G. 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, hoAV- 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 am^Piided constitution of 184G.] § G. The commissioned officers shall be commissioned by the Gov- ernor as connnander-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 examining 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 184G, 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 hoiTl's of work or labor, and make provision for the protection, Avelfare and safety of persons employed by ihe 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 Neiv York— 1894 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 pul)lic 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. "\Mienever 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 which 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 Xew 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 before 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 local 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 the^^ 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 valuiible 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. r Section 1 of article XII of the amended constitution of 1S4G, 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 mider- 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 XV of the amended constitution of 184<;, without change.] § 3. Any 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 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 Avas ten- dered, shall be deemed guilty of an attempt to bribe, which is hereby declared to be a felony. f Section 2 of article XV of the ;imended constitution of 184(i, without change.] § 4. Any person charged Avith receiving a bribe, or with ofl^^ering or promising a bribe, shall be permitted to testify in his own behalf in any civil or criminal prosecution therefor. [Section .^ of article XV of the amended constitution of ]84(>, without change.] § 5. No public officer, or person elected or ai^pointed to a public office, under the laws of this State, shall directly or indirectly ask, demand, accei:>t, 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 telei)h()ne rates, from any j^erson or corporation, or make use of the same himself or in conjunction Avitli 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 public office, any such free pass, free transportation, franking privi- lege or discrimination shall also be deemed guilty of a misdemeanor and lial)le to punishment except as herein provided. Xo person, or officer or agent of a corporation, giving any such free pass, free trans- jDortation, franking privilege or discrimination hereby prohibited, shall be privileged from testifving in relation thereto, and he shall not be lial)le to civil or criminal prosecution therefor if he shall testify to the giving of the same. [New,] § G. 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 GoA^ernor, 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 pajanent b}^ the State shall be provided for by law. [Section 4 of article XV of the aniemled fonstitution of 1840, witLout cliauge.] Article XIV Section 1. Any amendment or amendments to this Constitution JiiRj 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 als© at such times 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 of the State ; and in case a majority of the electors voting thereon shall decide in favor of a con- vention for such pur})ose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensu- ing general election at Avhich 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 A^acancy 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 tins section relating to the calling of futiu'e conventions is sub- stantially the same as section 2 of article XIII of the amended constitution of 184G. The remainder of the section is new.] § 3. Any amendment proposed l)y 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 aj)proved, 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 othei-wise provided. Done in Convention at the Capitol in the city of Albany, the twenty-ninth day of Sejjtember, in the year one thousand eight hun- dred and ninety-four, and of the Independence of the United States of America the one huiKh'ed and nineteenth. In Avitness whereof, we have hereunto subscribed our names. Joseph Hodges Ciioate, President and Delegate-at- Large. Charles Elliott Fitch, Secretary. New York— 1894 2737 Schedule Sho'wing' Sources of Sections of the New York State Constitution of 1894. Constitution of 1894. I I I I I 1 I 1 I 1 I I I I I I I I II II II II II II III III m III III III III III III III III III III III III III III III III III III III III III III III III III III IV IV IV IV IV IV IV IV IV V Constitution of 181(), amended. S 1 Art. '> 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 New 1 Art. o 3 4 5 6 New 1 Art. 2 New 3 New 4 New 5 6 _ Art. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 New 23 24 ....... Art. 25 26 27 28 29 New 1 Art. 9 3 4 5 6 7 8 9 1 I, § 1- 1, 2. I, 3. I, 4. I, 5. I, 6. I, 7, amended. I, 8. I, 10, amended. I, 11. I, 12. I, 13. I, 14. I, 15. I, 16. I, 17, amended. I, 18. II, 1, amended. n, 2, amended in language ^l 3, amiended. II, 4, amended. n, 5, amended. III, 1. Superseding art. Ill, §2. Ill, 3. III, 4. III, 5. III, 6. III 7. III 8. III 9. III 10, amended. III, 11. III 12. III 13. III 14. III 15, amended. III 16. III 17. III, 18, amended in language III 19. I VII 9. 8. III. 25. Ill, 20. III, 21. III, 22. III, 23. III, 24. IV, 1, amended. IV, 2. IV, 3. IV, 4. IV, 5. IV, 6. IV, 7, amended. IV, 8. IV, 9. V, 1, amended. 2738 New York— 1894 Schedule Showing- Sources of Sections of the New York State Constitution of 1894— Continued. Constitution of 1S94. Constitution of 1846, amended. Y V y Y Y Y Y Y VI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI YI VI YII YII YII YII YII YII YII YII YII YII YIII YIII YIII VIII YIII YIII YIII YIII YIII VIII YIII IX IX IX IX X X X X X X X New. Art. Y, § 3, amended in language. V, 4, amended in language. Y, 5, amended in language. Y, 6. Y, 1 . V, 8. New. 1 Partly new, superseding art. YI, § 6. * 2 Mostly neW; superseding art. YI, §§ 7 and 2S. Art. New. New. Art. New. Art. YI, § 8, amended. YI, I 9, amended. Repealing art. YI, § 12. YI, § 2, amended. YI, 3, amended. YI, §10. 11 YI, 11, amended. 12 Partly new, superseding art. YI, §§ 1.? and 14. 13 ....Art. YI, § 1. 14 YI, 15, amended. 15 Partly new, and see art. YI, § 15. 16 Art. ' YI, §16, amended. 17 YI, 18, amended. 18 VI, 19, amended. 19 YI, 20, amended. 20 Partly new, superseding art. YI, § 21. 21. 22. 23. 1. Art. 7 New. 8. 9. 10. 1. 2 3! 4. Art. New Art. S. 9. 10. 11-15 New. 1 New. 2 New. 3 Art. 4 New. 1 Art. YI, §23, amended. VI, 25, amended. YI, 26. YII, 9. YII. 10. YII, 11. _, YII, 12, amended in language. YII, 13. YII, 1^, amended. YII, 6, amended. YII, 3, amended. YIII, 1. YIII, >7 YIII, 3. YIII, 4. VIII, 5. VIII, 6. VIII, 7, amended. VIII, 8. YIII, 10. VIII, 11, amended.. IX, 1. X, 1, amended X, 2 X, :i X, 4. X, n. X, 6, amended 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, § 1 Re-enacted in Art. I I, 2 " I I, 3 " I I, 4 " I I, 5 " I I, 6 " I I, 7 Amended by I I, 8 Re-enacted in I I, 9 " III I, 10 Amended by I I, 11 Re-enacted in I I, 12 " I I, 13 " I I, 14 " I I, 15 " I I, 16 " I I, 17 Amended by I I, 18 Re-enacted in I II, 1 Amended bv II II, 2 " ■ II II, 3 " II II, 4.... " II II, 5 " II III, 1 Re-enacted in III III, 2 Superseded bv III III, 3 " ' III III, 4 " III III, 5 " III III, 6 " Re-enacted in III III, 7 " III III, 8 " III III, 9 " III III, 10 Amended bv III III, 11 Re-enacted in III III, 12 " III III, 13 " III III, 14 " III 7254— VOL .5—09 14 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. 2740 New York— 1894 Schedule Showing- Disposition of Sections of the New York State Consti- tution of 1846, Amended— Continued. Constitution of l.S4(;, amended. Constitution of 1894. Art. Ill, § 15 Amended by Art. Ill, § 15. in, K) Ee-enacted in III, 16. »• 111, 17 " III, 17. Ill, 18 Amended by III, 18. Ill, 19 Re-enacted in III, 19. Ill, 20 " III, 24. Ill, 21 " III, 25. Ill, 22 " III, 26. Ill, 23 " HI, 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, G " IV, 6. IV, 7 Amended by IV, 7. IV, rietor'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 everv month, and as much oftener 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, who 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 l)e revocable at the pleasure of the deputator. Fifty-seven. Xo 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 deputv. 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-two. For any personal causes exceeding the value of two hifn- dred pounds sterling, or in title of land, or in any criminal cause, either party upon paying twent^^ pounds sterling to the lords pro- prietors' use, shall have liberty of appeal from the county court un4:o 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^ Avho shall judge all criminal causes; except for treason, murder, and any other offences punishable with 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. P^or 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 wdth 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 tiTeir itinerant judges a presentment of such grievances, misdemeanors, exigencies,. or defects, which they think necessary for the public good of the country; which presentments shall, by the itinerant judges, at the- end of their circuit, be delivered in to the grand council at their next sitting. And whatsoever therein concerns the execution of laws 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 which 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 Monday 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 l)e a grand- juryman under three hundred acres of North Carolina— 1669 2781 freehold; and no man shall be a petty-juryman imder 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 shoidd all agree, but the verdict shall be according to the consent of the majority. \y^ 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 Avhose 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 af 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 ]jro]3rietors, and the rest of the members then present, shall subscribe. Xor 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 Xovem- ber following, unless the steward of the precinct shall, by sufficient notice thirty days l)efore, appoint some other j)lace 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 proprietors 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 piro- testation against any act of the parliament, before the palatine or his deputy's consent be given as aforesaid, if he shall conceive 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 connnents 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 within 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 nien; 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, uuirriages, and deaths that shall happen within the respective signiories, baronies, and colonies. Eighty-five. Xo 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. Eiglity-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 Avere 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 emploj^ed 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 o This article was not drawn up by Mr. Locke, but inserted by some of the chief of the proprietors, against his judgment ; as Mr. Locke himself informed one of his friends, to whom he presented a copy of these constitutions. 2784 North Carolina— 1669 peace may be maintained amidst diversity of opinions, and onr agree- ment and compact with all men may be dnly and faithfully observed; the violation whereof, upon what pretence soever, cannot be witlrout great olfence to Almighty God, and great scandal to the true religion which w^e 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, bnt, by having an opportunity of acquainting themselves with the truth ajid reasonableness of its doctrines, and tjie peaceableness and inoffensiveness of its professors, may, by good usage and persuasion, and all those convincing methods of gentleness and meekness, snitable to the rules and design of the gospel, be'^von ever to embrace and mifeignedly receive the truth; therefore, any seven or more persons agreeing in any religion, shall constitute S church or profession, to w^hich they shall give some name, to dis- tinguish it from others. Ninetj^-eight. The terms of admittance and communion with any church or j^rofession shall be written in a book, and therein be sub- scribed by all the members of the said church or jjrofession ; 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 hundi'cd and two. No person of any other church or ]:)rofes- 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 ])recinct register, and any five members of the said church or ])rofes- sion, shall be thereby made a member of the said church or profession. One hundr<'(l and five. Any person striking out his own name out of any religious record, or his name being sti'uck out by any officer thereunto autlioriz(>(l 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 an^^ 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 hinidred 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 freenuui, 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 what title or gi'ant 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 into 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 North 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. Xor shall any person, of what degree or condition soever, above seventeen years (^, 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 out 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 po^yer will defend them, and maintain the government according to this estab- lishment in these fundamental constitutions." One hundred and eighteen, ^^^latsoever 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 tliese 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 ah 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, * * * ^vith Accompanying Docimients. New Yorli (E. J. Hale & Sons. pni)lishers) 1875. 167 pp. "This doclMrntion of independence (with a snpplementary 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 la^Ys, 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 acting 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. JoHisr McKnitt Alexander, Secretary. CONSTITUTION OF NORTH CAROLINA— 1776 * » A DECLARATION OF RIGHTS, &C. I. That all political power is vested in and derived from the people only. II. That the peoj^le 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. lY. That the legislative, executive, and supreme judicial jjowers 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 him, and to confront the accusers and witnesses with other testimon}-, 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 : Printetl by Joseph Gales and Son, 1836." Appendix, pp. 409^24. '^ This constitution was framed by a " Congress,"' " elected and chosen for that particular purpose." which assembled at Halifax November 12, 1T7G, and com- pleted its labors December 18, 1776. It was not submitted to the people for ratification. 7254— VOL 5—09 17 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, whgse 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 dissei^d of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the laAv of the land. *■ XIII. That every freeman, restrained of his liberty, is entitled to a remedy, to inquire into 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. XV. 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 Represent*tives, and to apply to the Legislature, for redress of grievances. XIX. That all men have a natural and unalienable right to wor- ship Almighty God according to the dictates of their own consciences. XX. That, for redress of grievances, and for amending and strengthening the laws, elections ought to be often held. ' XXI. That a frequent recurrence to fundamental principles is absolutely necessary, to preserve the blessings of liberty. XXII. That no hereditary emoluments, privileges or 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, j^unishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore no ex pout facto law ought to be nuide. XXV. The jjropertv 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 Connnissioners. apj^oiutcd by the Legislatures of the two States, agreea])le 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 Avest, 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 pvo- 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 mentioned in the said act ; and the said George the Third has also sent fleets and armies to prosecute a cruel war against them, for the purpose of reducing the inhabitants of the said 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. A\nierefore, in our present state, in order to prevent anarchy and confusion, it becomes necessary, that government should be estab- lished in this State ; therefore Ave, 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 Eepresentatives, annu- ally chosen by ballot, one for each county in the State. ^ III." 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. V." 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 freemen, of the age of twenty-one years, who have been inhabitants of any one county within the State twelve months immediately preceding the day of any election, and possessed of a freehold within the same county of fifty acres of land, fcTl' six months next before, and at the day of election, shall be entitled to A^ote for a member of the Senate, VIII.« That all freemen of the age of twenty-one years, who haA^e been inhabitants of any one county within this State twelve 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 twelve 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 town in the House of Commons: — Provided always. That this section shall not entitle any inhabitant of such town to vote for members of the House of Commons, for the county in which he may reside, nor any 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 power to choose a speaker, and other their officers; be judges of the qualifications and elections of their members; sit upon their own adjournments from day to day; and prepare bills, to be passed into o See amerKlnieuts. 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, Avho shall be commis- sioned hy 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. XVII. That there shall be a seal of this State, which shall be kef)t 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 apply 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 amendments. 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 des^fh, 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, oifending 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 bnllot of l)oth Houses, triennially appoint a Secretary for this State. XXV. That no j)ersons, 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 finally 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 aj)pointe(l to and accepting of such office, shall tliereby 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 ot 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, Avho shall deny the being of God or the truth of the Protestant religion, or the divine authority either of the Old or Xew Testaments, or who 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. XXXIIL 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 Representatives 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. XXXIY. That there shall be no establishment of any one religious church or denomination in this State, in j)reference to any other; neither shall any person, on an}" pretence whatsoever, be compelled to attend any place of worship contrary to his own faith or judg- ment, nor be obliged to i^ay, 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 what 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: — Provided^ 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 Xorth 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." Tliat 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 in this State, having first taken an oath of allegiance to the same, may purchase, or, by a See amendment. 2794 North Carolina— 1776 other means, acquire, hold, and transfer hmd, 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. XLVI. That neither House of the General Assembly shall pro- ceed upon public business, unless a majority of all the members of such House are actuall}^ 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 Assembh^ shall be printed, and made public, immediately after their adjournment. This Constitution is not intended to preclude the present Congress from 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 fift}^ 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 amondinonts wore franieil by a convention which met at Raleigh June 4, 18."!"), and coniiilctcd its laliors July 11, 18:^5. They were submitted to the people and ratified by 2(j,771 votes against 21,G0G votes. North Carolina— 1776 2795 each county into the treasury of the State, for the five years preced- ing the hi}' ing off of the districts, shall be considered as its proportion of the pui3lic 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 rej^resentatives, 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 maj' be taken b}' order of Congress, next preceding the making such apportionment. Four. In making the apportionment 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, Hertford; 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, Wayne; the seventeenth district. Green and Lenoir; tlie 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-ftfth district, Cumberland; the twenty-sixth district, Sampson; the twenty-seventh district, New Hanover; the twenty-eighth district, Duplin; the twenty-ninth district, OnsloAv ; the thirtieth district, Brunswick, Bladen,\and Columbus; the thirty-first district, Robeson and Eichmond; the thirty-second district, Anson; the thirty-thi^rd 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, Haywood, 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 Wake, 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 jq-av 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.) Avho 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 next 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. aAmencled, 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 inva 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, wdio shall o))en and publish them in the presence of a majority of the members of both houses of the general assembl3\ 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 botli houses of the general assembly. Four. Contested elections for governor shall be determined by both houses of the general assemblj^, 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, judgm(yat, 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 3iiall lake 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 wdiom the legislature may be about to proceed shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least tAventy 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 thirt^^-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 ex-tend 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 ncAV election of members to the gen- eral assembly. If, after such publication, the alteration proposed by the ])receding 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 Avhich 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 thirtv-second section of the constitution shall be North Carolina— 1865 2799 amended to read af? 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 th^ 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. xVll 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. Edwaed B. Kneeman, Secretary. Joseph D. Ward, Assistant /Secretary. (Ratified Dee. 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 herehy declared and ordained, That slavery and involuntary servitude, other- * Journal of the Convention of the State of North Carolina, at its Session of 1865. Raleigh : Cannon »& Holdeu, Printers to the Convention, 1865. pp. 192. Executive Documents. Convention, Session 1865. Constitution of North- Carolina, with Amendments, and Ordinances and Resolutions passed by the Con- vention, Session, 1865. Raleigh: Cannon and Holden. Printers to the State. 1865. i)p. 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 chan for crimes, whereof the parties shall have been duly con- victed, shall be, and is hereby, forever prohibited within the State. _ Ratifiad in convention this ninth day of October, in the year of our Lord one thousand eight hundred and sixty-five. Edwin G. Reade, PresidenV. Jas. H. Moore, Becretary. 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, jDolitical, 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 OF RIGHTS That the great, general, and essential principles of liberty and free government, ma}^ 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, ISGS. Raleigh : Joseph W. Holden, Convention Printer. 1868. pp.129. Index. Constitution of the State of North Carolina together with the Ordinances and Resolutions of the Constitutional Convention, assembled in the City of Raleigh, January 14. 18G8. Raleigh: Joseph ^Y. Holden, Convention Printer, 1868. pp. 488. Index. oA convention, called by Provisional Governor William W. Holden. met at Raleigh Octolier 2, ISfiH, repealed the ordinance of secession, adopted this ordi- nance, jirohihiting slavery October 0. 18(i.5. and adjourned October 19, 18G5. The peoi)l(> ratilicd their rejK'al of the ordinance of secession by 20..50G votes against 2,0(»2 votes, and the ordinance prohibiting slavery by 19,0.89 votes against :>.970 votes. The convention reassembled in May, 18GG, and reconstructed the constitution of 177G, but their work was rejected by the peojile, receiving 19,570 votes against 21,0,52 votes. 6 This constitution was framed by a convention called, under the reconstruc- tion acts of Congress, by Major-Ceneral Canby, which assembled at Raleigh January 14, 18G8, and completed its lai)ors March IG. 1SG8. It was accompanied i)y 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 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 (iovernment of the United States, and that no law or ordinance of the State in contravention or subversion thereof can have any binding force. Sec. 0. 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, iiuy 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 exclusiA'e or separate emoluments or privileges from the community but in consideration of ptiblic 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 guilt^y. Sec. 12. No person shall be put to answer any criminal charge, except as hereinafter allowed, l)ut 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. it. No person ought to be taken, imprisoned, or disseizee^ "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 s^ame if unlawful; and such remedy ought not to be denied or delayed. Sec. 19. In all controversies at law respecting property, the ancier^t 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 proyerty 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-regidated militia being necessary to the security of a free State, the right of the peoj)le 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 i:)eople have a right to assemble togethtt' 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 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. 80. No hei-editary 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. Retrosjx'ctive laws, piniishing acts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; Avherefore no ex 2)0i(> \)]). | Editor.] North Carolina— 1876 2823 said Union, or to sever said Nation, ought to l)e 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. C). 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 pur-pose. 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. 0. 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 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. Xo 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 imanimous 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 j^roperty, but by the law of the land. Sec. 18. Ever}^ 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 an"cient mode of trjal by jury is one of the best securities of the rights of the j)eople, and ought to remain sacred and inviolable. Sec. 20. The freedom of the j)ress 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 haheas 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 paj'ment 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. 2G. 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 inter- fere with the rights of conscience. Sec. 27. The people^ haA'e 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 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 op- pressive, unjust and incompatible with liberty; wherefore no ex post North Carolina— 1876 2825 facto 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 ^^rohibited 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 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 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 AVednesday after the first Monday in January next after their election; and, when assembled, shall be denominated the General Assembly. Neither House shall proceed upon j^ublic busi- ness unless a majority of all the members are actually present. Sec. 3. The Senate shall be composed of fifty Senators, biennially chosen b}' 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 liundred and twentieth part of the population of the State, by the 2826 North Carolina— 1876 number of Representatives, less the number assigned to such counties ; and in ascertaining the number of the popuhition 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 shalfbe 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 RepreseHta- 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 law^ful 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 any 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, w^rits of election shall be issued by the Gov- ernor imder 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, wdiich 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. 1(). 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. 17. 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 Cnrolina~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 tempo i-e) 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. 82. 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. 2.3. 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 w^ll 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 hiAv, 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 doUarx 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 Avithout 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 daj^s. 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 oiRce shall commence on the first day of January next after their election, and continue until their successors are elected and qualified: Prp- vided., that the officers first elected shall assume the duties of tli«feir 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 be^i 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 years, 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 Representatives, 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 number 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 andJaws 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 Avhich 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 oft'ences (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 comnuniicate to the General Assembly each case of reprieve, commutation or par- don granted, stating the name of each convict, the crime for wdiich he was convicted, the sentence and its date, the date of the commutation, l)ardon or reprieve and the reasons therefor. Sec. 7. The officers of the Executive Department and of the publicf 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 DejDartment upon any subject relating to the duties of their respective offices, and shall lake care that the laws be faithfullv executed. 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, b}'^ 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- j)ensation 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 which 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- Governor shall be elected and qualified. AVhenever, 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 dut}^ 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 ofjic'w^ 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 anj^ 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 North Carolina— 1876 Sec. 15. The officers mentioned in this article, shall, at stated periods, receive for their services a compensation to be established by laAY, which shall neither be increased nor diminished during the time for which they shall have been elected, and the said officers slwill receive no other emolument or allowance whatever. Sec. 16. There shall be a seal of the State, Avhich shall be kept by the Governor, and used by him as occasion mav require, and shall .i)e called " The Great Seal o*f the State of Xorth Carolina." All grants and commissions shall be issued in the name and by the authority of the State of North Carolina, sealed wdth " 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 wrongs, which shall be denominated a civil action; and every action j^rose- 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 j^ower 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. 'NAHien the Governor is impeached, the Chief Justice shall preside. Sec. 5. 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 iniless on the testimony of two witnesses to the overt act, or on confession in open Court. No con- viction of treason or attainder shall w^ork corruption of blood or forfeiture. Sec. (). The Supreme Court shall consist of a Chief Justice and four Associate Justices. Sec. 7. The terms of the Sui:)reme Court shall be held in the city of Raleigh, as now, unless otherwise provided by the General As- sembly. North 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 xVssembly 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 of tener than once in four years ; but in case of the protracted illness of the Judge assigned to preside in any dis- trict,«f)r of any other unavoidable accident to him, by reason of Avhich 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 j^rescribed in this Constitution or which may be established b}^ law, in such manner as it may deem l)est ; provide also a in'oper system of appeals, and regulate by law, when necessary, the methods of proceeding in the exercise of their powers, of all the Courts beloAv 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 manner 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 lawiull}^ 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 wdiole 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, hekl 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. 20. 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 ajjproval 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 tAvo 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, wherein the value of the j^roperty 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 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. 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 unexpired 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- preme 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 presiding 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 whoin 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 theregn, and the Clerk shall be eiititled 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 Statc^nd 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, wdiich shall be eqiuil on each to the tax on property valued at three hundred dollars in cash. The Connnissioners 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 compaiiies, 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 i)roperty 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, assodation 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 peoi)le 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 niay 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 North 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 cOtuity 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 i^erson 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 w^rite 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, 18GT, 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 betor© 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: Pro aided, such person siiall 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 regidation of the suffrage, with the intent and purpose to so connect the different parts anct 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. 7. 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 1 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 Assemblv before the first day of January, 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. North 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 i^ersons, whose duties shall be prescribed by law. Sec. 6. The Township Board, of Trustees shall assess the taxable propert}^ 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. Xo 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 jDroperty 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 ihe 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 assesShient 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 fmid 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. G. The General Assembly shall have power to provide for the election of Trustees of the University of North Carolina, in vrhom, 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 Eund 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 clays 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 Assembl3^ 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 empow^ered 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 owmer 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^he 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 imder 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 North 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 otfender, 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 jDrovide 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 Xorth 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 slmll 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 North 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. C. The seat of government of this State shall remain at the city of Raleigh. Sec. 7. Xo 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 « [Thirty-sixth Congress, 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 assemljled^ That all that part of the territory of the United States included within the folloAying 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- uary 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 Running 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 ; thenqe 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 AVashington 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 TcM-i- 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 wdiich, by treaty w4th 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. /hid he it further enacted, That the executive power and authority in and over said Territory of Dakota, shall be vested in a governor, wdio 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 Representatives 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 ma}^ 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 ^lall 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 dtiY 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 daj's, but no longer. Sec. 5. And he it further enaeted^ That every free white male inhabitant of the United States 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 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- vided, That the right of suffrage and of holding office shall be exe/r 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: G. A7\d he it further enacted. That the legislative power of tlie 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-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 proj^erty subject to taxation shall be in proportion to the value of the iDroperty taxed. Sec. T. 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 o£ 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 Avliich 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, clistrict courts, f)robate 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 ])eri()d 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 liercin provided for, both appellate and original, and that of the pi-olmte courts and of the justices of the peace, shall be as limited l>y hiw : Provided, That justices of the peace shall not have jurisdic- tion of any matter in controversy when the title or boundaries of 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 tlie 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 tiie circuit courts of the United States, where the value of the propert}?^, or the amount in controversy, to be ascertained by the oath or affirma- tion of either party, or other competent Avitness, 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 Avhich 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 Avrits 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 so 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 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 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 du^y 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 faithfullj^ 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 swch 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 b}^ 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 aifairs; the chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars ; the secretary shall receive an annual sal- ar}^ 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 thousa.nd dollars, to be ex])ended by the governor to defray the contingent ex])enses 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 exiDcnses 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 api^oint 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 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 North Dakota— 1861 2851 rights and privileges as are exercised and enjoj'ed 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 prescrilxxl by law. Tlie 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. A'rul 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. Spx'. 15. And he it further enacted^ That temporarily, and until otherwise provided l)v law. the governor of said Territory may define the judicial districts of said Territory and assign the judges who may ])e apj)ointed 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 subsequeiit session, may organize, alter, or modify such judicial dis- tricts, and assign the judges, and alter the times and i)laces of holding the courts, as to thcui sjiall seem })ro])er and convenient. Sec. 1(). And he 'it further emicted. 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. it. And he it fnrtJier enaeted. 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 api)oint 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 alloAvances 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. 1H. 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 l)e 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 l>e it further enaeted. That the President be, and he is hereby, authorized to appoint, by and Avith the advice and 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-ofRces 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," sh-all 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, *nd east of the thirty-third meridian of longitude west from Washing- ton, shall be, and is hereby, incorporated into and made a part q| 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 of 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 and 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 proi)()sed State of North Dakota ; And Avhereas it was ju'ovided l)y 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 tJie United States and the principles of the Declaration of Independence; and that the Convention should, by an ordinance irrevocable without the consent of the TTuited States and the people of said States, make certain provisions prescribed in said act; And Avliereas 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 eqnitable 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 res])ectively ; 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, w^ith the Governor, and Chief Justice thereof, or any two of them, should canvass the same; and if a 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 w^ith 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 'iVrritoryof Dakota that within the time prescribed by said act of Congress a Constitution for the proposed State of North Dakota has been a(h)pted 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 (Tovernor that at the same time that the body of said Constitution was submitted to a Vote of the people, a separate article, nuuibered 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 nuijority 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. Ben J. Hakkison, By the President : James G. Blaine, Secretaj'y of State. 2854 North Dakota— 1889 CONSTITUTION OF NORTH DAKOTA— 1889 * « We, the people of North Dakota, orateful to Ahiiighty God for the blessings of civil and religious liberty, do ordain and establish this constitution. Article 1 DECLARATION OF RKillTS § 1, All men are by nature equally free and independent and have certain inalienable rights, among which are those of enjoying antl defending life and liberty; ac(iuiring, possessing and protecting property and reputation; and pursuing and obtaining safety and happiness. § 2. All political power is inherent in the people, (xovernnient is instituted for the protection, security and benefit of the people, and they have a right to alter or reform the same whenever the i)ublic 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 })r()fession and worshij), without discrimination or j)reference shall be foivver guar- anteed in this state, and no jjerson shall be rendered inconi[)eteul to be a witness or juror on account of his opiuiou 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 })ractices inccmsistent with the i)eace 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. § G. All persons shall be bailable l)y sufficient sureties, unless for capital offenses when the proof is evident or the presumtion great. Excessive bail shall not be required, nor excessiA^e fines imposed, nor shall cruel or unusual punishments be inflicted. Witnesses shall not * Verified from (*oi).v sent by the Secretary of St;it(> cf Nortli l>akot:i, Alnrdi 2S, 1!)07. (X. (1.; no title pMSe, Editor.) The Convention whicli formed this Constitution ass('nil>h'(l at Bismarck. .Inly 4, lss:», adjourned, Aujiust 17, ,1880, and was adopted hy i)i)i»ular vote, OctolxM- 1. ISSi). For the Constitution. 27.441 ; against the Constitution, 8,107. "Journal of the Constitutional Conventintion of North Dakota, assendiled in the City of Bismarck, July 4th- to Aug. 17th, 18.S0. B. M. Tnttle, Ollicial Stenographer, P.isniarck, North Dakota: Tribune, State Printers and Binders, 1880," p]). O:*."., Constitution, ]»p. XLIX. Index. See also, "Journal of the Proceedings of the Constitutional Convention Held under Act of the Legislature at Sioux Falls. Dakota, Se])tember, 188.5. I'rinted at the office of S. T. C'lover, Sioux Falls Leader, Sioux Falls, Dak," pj). 77, folio. For Proceedings and Debates in this Convention see " Bismarck Daily Tribune, July 4th to Aug. nth. 1880. "Adopted October 1, 1880 ; yeas, 27,441 ; uays, 8,107. North Dakota— 1889 2855 h(' unreaRonnl)ly dotninod, noi- he contiiied in nny room avIkmv ciiiiii- iials iuv nctiially iiuj)ii.sono(l. § 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 otherAvise 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 Avar or public danger. In all other cases, ott'enses shall I)e prosecuted criminally by indictment or information. The legislative assembly may change, regulate or abolish the grand jury system. s!^ J). 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 Avhen the matter is pub- lished Avith good motives and for jusitfiable ends; and the jury shall have the same poAver of giving a general verdict as in other cases; and in all indictments or informations for libels the jury shall have the right to determine the hnv and the facts under the direction of tlie 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 iuA'ested Avith the ))owers of goA'ernment for the redress of grievances, or for other l)roi)er purposes, by ])etition, address or ivmonstrance. § 11. All hiAVS of a general nature shall haA^e a uniform oj)eration. § 12. The military shall be subordinate to the civil poAver. No standing army shall be maintained by this state in time of ])eace, and no soldiers shall, in time of peace, be quartered in any house Avithout the consent of the oAvner; nor in time of war, except in the manner prescribed by law. § 13. In criminal prosecutions in any court AvhateA^er, the party accused shall haA^e the right to a speedy and public trial; to have the process of the court to compel the attendance of Avitnesses in his behalf; and to appear and defend in person and with counsel. No person shall be tAvice put in jeopardy for the same offense, nor be com- pelled in anv criminal case to be a Avitness against himself; nor be depriA^ed of life, liberty or property Avithout due process of laAv. § 14. PriA^ate property shall not be taken or damaged for public use without just compensation having been first made to, or paid into court for the oAvner, and no right of Avay 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 OAvner, irrespectiA'e of any benefit from any improvement proposed by such corporation, Avhicli compensation shall be ascer- tained by a jury, unless a jury l)e Avaived. § 15. No person shall be imprisoned for debt unless upon refusal to deliA^er up his estate for the benefit of his creditors, in such manner as shall be prescribed by hnv; or in cases of tort; or Avhere there is strong presumption of fraud. § 16. No bill of attainder, ex post facto hiAv, or laAv impairing the obligations of contracts shall cA^er 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 etiects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue but npon probable cause, supported by oath or affirmation, particularly describing the i)la(?e 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 on the evidence of two witnesses to the same overt act, or confession in open court. ^ § 20. No special privileges or innnunities shall ever be granted which may not l)e altered, revoked or repealed by the legislative assembly; nor shall any citizen or class of citizens be granted privi- leges or immunities which npbn the same terms shall not be granted to all citizens. §21. The ])rovisions 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 inj.ui'y 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 wherever j^ossible, and any i:)erson, corporation, or agent thereof, maliciously interfering or hindering in any way, any citizen from ol)taining or enjoying employment already ol)tained, 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, we 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 i)rovided. § 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, § 20, The legislative assembly shall fix the number of senators, qjid 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 i^art thereof, so as to form a district. The districts as thus ascertained and determined shall continue until changed by law. 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 liold 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. Xo 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 number 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' assembly, 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 te«n 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 oft'er, 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 pgainst any other such measure or pro])osition 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 l)ribery. 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 legislatiA'e 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 resjjective 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 oi 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 penahy, as may be prescribed by hiw. § 47. Each house shall be the judge of the election returns and qualifications of its OAvn members. § 48. Each house shall have the power to determine the rules of proceeding, and punish its members or other persons for contempt or tlisorderly 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 (la3^s. Punishment for contempt or disorderly behavior shall not bar ji 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 Avhole shall l)e open unless the I)usiness 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 tAvo houses shall be sitting, except in case of epidemic, pestilence or other great danger. § CrI. The senate and house of representatives jointly shall be designated as the Legislative Assembly of the State of North Dakota. § 58. 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 l)e 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, excei:)t 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. § 51). The enacting clause of every law shall be as follows: " Be it Enacted by the Legislative Assembly of the State of North Dakota." § GO. 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, Avhich 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 ninch thereof as shall not be -ko expressed. § 62. The general appropriation bill shall embrace nothing but appropriations for the expenses of the executive, legislative and jitdi- 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. § C3. Every bill shall be read three several times, but the first and second readings, and those only, may be upon the same day ; an4. 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. N,o 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. § 6.5. Xo 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 l)e 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 assembh' shall pass all laws necessary to carr}^ into effect the provisions of this constitution. § 69. The legislative assembly shall not pass local or special laws in an}^ of the following enumerated cases, that is to say : 1. For granting divorces. 2. Lajang out, opening, altering, or working roads or highways, vacating roads, town plats, streets, alleys or public grounds. 3. Locating or changing county seats. 4. Regulating county or townshij) 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 forfeitnres. 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 w^^atever. 21. For the punishment of crimes. 22. Changing the names of persons or ]:)laces. ^ 28. For the assessment or collection of taxes. 24. Affecting estates of deceased persons, minoi-s or others under legal disabilities. 25. Extending the time for the collection of taxes. 20. Refunding money into the state treasury. 2T. Relinquishing or extinguishing in whole or in part the in- debtedness, liability or obligation of any corporation or ]>erson to this state, or to any municipal corporation therein. 28. Legalizing, except as against the state, the uiiaijtliorizcd oi- 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, who 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. Xo 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 tlie state or territory, nor shall he be eligible to aiw 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 aftd highest number of votes for governor or lieutenant governor, the two houses of the legislative assembly at its next regular session s^all 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 Avhen they shall be called into the service of the United States, and may call out the same to execute the laws, suj^press insurrection and repel invasion. He shall have poAver to convene the legislative assembly on extraordinary occasions. He shall at the conunencement of each session connnunicate to the legislative assembly, by message, information of the condition of the state, and reconnnend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the govern- ment, civil and military. He shall expedite all such measures as may be resolved upon by the legislative assembly and shall take care that the laws be faithfully executed. § 70). The governor shall have power to remit fines and forfeitures, to grant reprieves, conniiutations 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 tlTe 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 senate, 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 canse become vacant, and no mode is provided by the constitution or law for filling such vacancy, the governor shall have power to fill snch vacancy by appointment. § 71). 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 retnrn 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 tile 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 pro})erty 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 Avho asks, receives or agrees to receive any bribe ui)()n any understanding that his official opinion, judgment or action shall Ix' 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 ])unished in the manner Jiow, 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 l)v the qualified electors of the state at the times and places of choosing members of the legislative assembly, a secretary of state, aiulitor, 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 insirr- ance, commissioners of raih^oads, 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 f-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 jitdiciati 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 corj^us, nuinda- 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 majority of wdiom 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 otherw^ise 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 (his 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(yrth 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 Dakotashall 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 j^reside 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 iii this state or the Territory of Dakota three years next pre- ceding liis election, § 95. Whenever the pojDulation of the State of North Dakota shall equal 000,000 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, Avhicli comi)ensation shall not be increased or diminished during the term for Avhich 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 siqireme 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. /. § 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 afr-law and equity, and such appellate jurisdiction as may be conferred by law. They and the judges thereof shall also have jurisdiction antl 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 otherAvise provided by law said districts shall be constituted as folloAvs: District No. One shall consist of the counties of Pembina, Cavalier, Walsh, Nelson and (Irand Forlvs." District No. Tavo shall consist of the counties of llamsey, Towner, Benson, Pierce, Rolette, Bottineau, McHenry, Church, Renville, Ward, Stevens, Mountraille, (nirfield, 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, Wells, 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 j^arallel. § IOC). The legislative assembly may Avhenever 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 boe'n 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 resided 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. Xorth 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 f)ower to abolish the office of justice of the peace and confer that jurisdiction upon judges of county courts or elsewhere. 7254— VOL 5—09 22 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, wjhio 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 PROVISIONS § 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. North Dakota— 1889 2869 3. Civilized iDersons 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 suti'rage 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 militarj^ 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 ]\Iondav 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. § 12G. No soldier, seaman or marine in the army or navy of the United States 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 6 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 municii^al, chari- ** See amendments, Article 2. 2870 North Dakota— 1889 table, educational, penal or reformatory corporations as may be imcler 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 ej9fect, 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 sucli 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 iii 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 ita assets and liabilities and the names and place of North Dakota— 1889 2871 residence of its officers. The directors of every railroad corporation hhall 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 pro\dsions of this section shall not be so con- strued as to apply to foreign corporations. § 141. No railroad corporation shall consolidate its stock, property or franchises Avith 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. Raihvays 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. § 148. 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 Avith 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 I'edemption of such notes or lulls. § 14(). Any combination between individuals, corporations, asso- ciations or either, having for its object or ell'ect 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 ma}^ 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 chiklren of the State of North Dakota and free from sectarian control. This legislative requirement shall be irrevocable without the consent O'f 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 sj)irit, and respect for honest labor of every kind. § 150. A superintendent of 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 educationai 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 sqIiooIs of the state shall be appropriated to or used for the su]3port 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 lapds; the pro- ceeds of j)i-opei'ty that shall fall to the state by escheat; the i)r()- 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 l)roperty otherwise acquired for common schools, shall be and remain a perpetual fund for the maintenance of the connnon 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. i^ 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 IGO of this article. § 157. The county superintendent of common schools, the chair- man of the county board, and the coimty 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 ofi'ered 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. Np grant or patent for any such lands shall issue until payment is made for the same; provided, that the land's 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 dftmb asylum, normal school or other educational or charitable institution or purpose, and the proceeds of all such lands and other property sd' 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. § IGO. 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 gi'antecl 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 edii«ational and charitable j^nrposes ; 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. § 1G2. 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 Avhich the same mav be loaned, such value to l)e 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 improveinent 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, cidtivation or improvement of " See ameudmeut, Article 6. North Dakota— 1889 2875 any public lands ever be used to diminish, either directh' or indi- rectl3% the purchase price of said lands. § 164. The legislative assembly shall have authority to provide by law for the sale or disposal of all public 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 150 of this article. And the legislative assembly, in providing for the ap- jDraisement, 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 monevs 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 propert}^ 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 towxsiiii' 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 ncAv 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. § 160. The legislative assembly shall provide by general law for changing county seats in organized counties, but it shall have no power to remove the county seat of any organized county. 2876 North Dakota— 1889 § 170. 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 sMll 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 connnissioners may be dispensed with by a majority vote of the people voting at any general election; and the affairs of sS'id county may be transacted by the chairmen of the several township boards of said county and such others as may be provided by la^¥^for incorporated cities, towns or villages, within 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 whose 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, clej'k of court, register of deeds, county auditor, treasurer, sheriff' and state's attor- ne}^, who shall be electors of the county in which they are elected, and AA'ho 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 revexi'e 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 puri)oses, and also a sufficient sum to pa,y 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— J 889 2877 § ITG. Laws shall be passed taxing- by uniform 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-Avay, 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 im])rovements 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 cor]:)oration 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 fifty 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. ApTICLK 12 PUBLIC DEBT AND PUBLIC WORKS § 182. The state may, to meet casual deficits or failure in the revenue, or in case of extraordinary emergencies, contract debts, but " See amendments, Article .5. 2S78 North Dakota— 1880 such debts shall never in the aggregate exceed the sum of two linn- 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-aniuuilly, and the principal within thirty years from the passage of such law, and shall specially appropriate the proceeds of such tax to the payment of said principal and interest, and such appropriation shall not bg 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-thircls 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 l)ecome 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 Avater to the inhabitants of suifh 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 sul)division 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, exce])t foi' necessary sujjpoi't of tlie 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 tAvo-thirds vote of the people. § 18(). No money shall be paid out of the state treasury except upon ji|)i)r()priation by law and on Avarrant di-awn by the proper officer, and no bills, claims, accounts or demands against the state, or any county or other i)olitical subdivision, shall be audited, allowed or jiaid until North Dakota— 1889 2879 a full itemized statenient in writing siiall 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 b}'^ 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 3IILITIA § 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 3'ears, except such as may be exempted by the laws of the United States or of this state. Persons whose religious tenets or conscien- tious scruples forbid them to bear arms shall not be compelled to do so in times of i^eace, but shall pay an equivalent for a personal service. § 189. llie 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 connnis- 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, Avhether 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 j^rovided 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 1.5 future amendments § 202. Any amendment or amendments to this constitution may be l^roposed 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 tho, 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 tAvo 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 10 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 her mode of religious worship. N.orth 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 b}^ 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 an}^ 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 any Indian or Indians under any acts of congress containing a provision exempting the lands thus granted from taxation, Avhich 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, 188U, en- titled "An act to provide for the division of Dakota into two states and to enable the people of Xorth 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 hy virtue of that certain act of the legislative assembly of the Territory of DakofJi, approved March 8, 1889, entitled "An act to provide for the refuncl- ing of outstanding warrants draAvn 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 Avhich is $93,60.0; also, refunding capitol building warrants dated April 1, 1889, $83,507.40. 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 which 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 imiversity at Vermillion, South Dakota, the face ag- gregate of which is $75,000, also, bonds issued on account of the peni- tentiary at Sioux Falls, South Dakota, the face aggregate of Avhich 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, borfds issued on account of the school of mines at Rapid City, South Dakota, the face aggregate of which 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 oi- unlawful taxation of Northern Pacific railroad lands, and the payment of said amount shall discharge and exempt the State of South Dakota froui 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 w4th 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 within 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 paj^ such part of the debts and liabilities of flie Territory of Dakota as is declared by the foregoing agreement to^ be its proportion thereof, the same as if such proportion had been ouigi- 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,'^hall 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 with 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 inclueted 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 Avheat ; 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 Liseparable; " 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. The seal 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 Xorth 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 i^rohibited. § 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 axd legislative apportionment § 214. Until otherwise provided by law, the member of the house of rei^resentatives 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 rejoresentatives. 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, Walshville, Pulaski, Acton, 2886 North 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, North Vood, 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 th^own- 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 tw^o repre- sentatives. The tenth district shall consist of the townships of Noble, Wiser, Harwood, Reed, Barnes, Stanley, Pleasant, Kenyon, Gardner, Berlin, Raymond, MajDleton, Warren, Norman, Elm River, Harmony, Dur- bin, Addison, DavenjDort, 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. North 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 AYells, 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, und be entitled to one senator and one representative. The twenty-fifth district shall consist of the county of Dicke}^, 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 AVard, McLean, and all the unorganized counties lying north of the ]\Iis- souri river, and be entitled to one senator and one representative. The thirtieth district shall consist of the counties of INIorton 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 h'ing 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 vaaj 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 Nm-th Dakota— 1889 and said lands are hereby appropriated to said institution for that purpose. ■ " Fifth. The Deaf and Dumb Asyhim 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, iii^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 instffeution hereby 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.^ § 21G. The following named j^ublic 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 McHenrv, 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 aiueiuluu'iit, 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 under 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 propertj^, 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 theretrf shall continue, with like powers and jurisdiction as if this constitu- tion has not been adopted. Whenever the judge of the distr/ct court of any district elected under the provisions of this constitution shall have qualified in his office, the several causes then jDending 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 j)rovided 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 tJae 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 Avith 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 jis 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 Nmth 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- diatel}^ upon the admission of the territory as a state. 1 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, Avhich 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 with 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 Xorth Dakota into the union, take the oath required by this constitution, and 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 thereupon 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 North 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 Monda}^ in January, 1893, and until their successors are elected and qualified. All other state officers, except judges of the supreme coi^rt, 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 tlie salary of four thousand dollars per annum, payable quarterly; and the district judges shall receive for their services the salary of tferee thousand dollars per annum, payable quarterly. § 17. The governor-elect of the state innnediately 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 Jndebtedness 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 wdiich this 'constitution is submitted for rejection or adoption. Article 20, entitled " Prohibition," and persons who desire to vote for said article shall have w^ritten 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 effect 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 folloAving 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 South 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 Xorth 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 Xorth Dakota. Paid and cancelled coupons in the same office representing interest on bonds which said state of Xorth Dakota is to assume and jiay. 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 Xorth 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 Xorth Dakota. All records, books and archives of the Territory of Dakota which it is not herein agreed shall be the property of Xorth Dakota, shall be the property of South Dakota. The following books shall be copied and the copies shall be the property of Xorth Dakota and the cost of such copies shall be borne equally by said states of Xorth Dakota and South Dakota, that is to say : Appropriation Ledger for years ending Xovember 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 i.t is herein agreed may be made, shall be borne equally by said tAvo states. § 22. Should the counties containing lands which form a part of the grant of lands made by congress to the Northern Pacific Railroad conii^any 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 levied 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 eiirollment, be signed hj 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 vho 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 tlie 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. § 20. The legislative assembly shall provide for the editing, and for the publication, in an independent volume, of this constitution, as soon as it shall take effect, and Avhenever 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 da}' of August, A. D. 1880. 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 § TG. 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 the 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, wdth 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 aj^portioned to the counties, cities, towns, villages, townships and districts in which such railroad companies, expr^s 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, to"s\^ns, villages, townships and districts, or over which any part of such property is used or operated within such counties, towns, villages, townshij^s 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 tlie land now inchuled within Ohio see in this work : Virginia Act of Cession, 17S3 (Illinois, i». 955). Deed of Cession from Virginia, 1T.S4 (Illinois, p. 957). Northwest Territorial Government, 1T.S7 (Illinois, p. 957), Virginia Act of Ratitication, 1788 (Illinois, p. 9G3). Northwest Territorial Government, 1789 (Illinois, p. 963). Territorial Government of Indiana, 1800 (Illinois, p. 964). ENABLING ACT FOR OHIO— 1802 " [Seventh Congress, First Session] An Act to enable the people of the eastern division of the territory northwest of the river Ohio to form a eonstitntion 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 wit : 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 intersect 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 tlie 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 w^estern lands under their respective colonial charters. 6 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" tlie southerly extreme of Lake Michigan, running east as aforesaid. to Lake Erie, to the aforesaid State, or dispose of it otherwise, in obn- formity to the fifth article of compact between the original States and the people and States to be formed in the territory northw^est 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 furtlier 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 thej^ 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 Count}^, 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 imtil 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 ])ropositions be, and the same are hereby, oifered 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. -T\\?Lt the section, number sixteen, in every township, and, where such section has been sold, granted, or disposed of, other lands equivalent thereto and most contiguous 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 (he 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 every 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 jjurpose 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 OF 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. "\\nierea3 the people of the eastern division of the Territory north- west of the river Oliio did, on the twenty-ninth day of Noveml>#r, 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 if enacted by the Senate and House of Representatives of the United States of America in Congress assemhlecU 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 ficgt 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 farther enacted^ That a marshal shall be ap- pointed for the said district, who shall perform the same duties, be subject to the same i-egulations and penalties, and be entitled to the same fees as are i)rescribed 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 Governnient as a member of the Union, consistent with the Constitution of the United States, the ordinance of Congi'ess 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.' AVithin one j'ear 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. Xo 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; sliall 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 * " Journal of the Convention, of the Territory of the United States Northwest oif 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 I'rinter. 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 187t;. Columbus: Nevins & Myers. State Printers. 1877. pp. 85-74. "This constitution was framed by a convention which assemliled 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, arfd 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 who has not arrived at the age of thirty years, and is a citizen of the United States; shall have resided two years in the county or district 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; two-thirds of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members. Sec. 9. Each house shall keep a journal of its proceedings, and pub- lish them. The yeas and nays of the members, on any qtiestion, 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 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 and independent State. Sec. 12. When vacancies happen in either house, the governor, or the person exercising the ]iower of the governor, shall issue writs 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 liouse, tliey shall not be (luestioiied in any other ])lace. Sec. 14. Each house may punish by imprisonment, during their session, any person, not a memlK'r. who shall be guilty of disrespect to the house, by any disorderly or c()ntemi)tuoiis behavior in their presence: Pro n fled. 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 whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn, for more than two days, nor to any other place than that in which the two houses shall be sitting. Sec. 16. Bills may originate in either house, but may be altered, amended, or rejected by the other. Sec. 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 legishiture 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 Avith 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 aiiy 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 thereyti 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 (|ualified ; 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 tAvelve years, and an inhabitant of this State four years 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 gi-ant reprieves and pardons, after conviction, except in cases of impeachment. Sec. G. The governor shall, at stated times, receive for his services a compensation, w'hich shall neither be increased nor diminished during the term for which he shall have been elected. Sec. 7. He may require information, in writing, 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 an}' 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 tAvo 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. Xo member of Congress, or person holding any office under the United States, or this State, shall execute the office of governor. Sec. l-t. There shall be a seal of this State, which shall be kept hj the governor, and used b}' 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 proceedings of the governor ; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the legislature ; and shall perform such other duties as shall be 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 each circuit a president' of the courts, who, during his continuance in office, shall reside therein. There shall be appointed in each county, not more than three nor less than two associate judges, who, during their continuance in office, shall reside therein. The president and associate judges, in their re- spective counties, any three of whom shall be a quorum, shall cornpose the court of common pleas, which court shall have connnon-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. G. The judges of the court of common pleas shall, within their respective counties, have the same powers with the judges of the supreme court to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done. Sec. 7. 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, an^l 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 l)e 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 pro 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 l)e 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 resjiective 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- l)ointed by joint ballot of both houses of the legislature. Sec. G. 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 api^oint their adjutajits, quartermasters, and other regimental staff' officers; and the captains and subalterns shall appoint their non- commissioned officers and musicians. Sec. 7. 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 successoi's be chosen and duly qualified: Provided., That no person shall be eligible as sheriff for a longer term than four years in any termj of six years. Sec. 2. The State treasurer and auditor shall be triennially ap- pointed by a joint boUot 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 serv^ 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 shallbe 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 tw^o-thirds of the general assembly shall think it nesessaiT 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 genei'al 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 w^est 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 by 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 eveiy 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 efifect 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 of 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. Xor 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 rib religious test shall be required, as a qualifiation to any office of trust or profit. But religion, morality, and knowledge being essentijflly 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. G. 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. 7. 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 rigor, 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 j^re- 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 nuirder and treason. IVlien 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 flagi'ant 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 ITnited States for the support of schools and colleges ; and the doors of the said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every grade, without any distinction or 2912 Ohio— 1802 preierence whatever, coiitrarv to the intent for which the said dona- tions were made. — ' Sec. 26. The laws shall be passed by the legislature wdiich shall secure to each and every denomination of religious societies in e|Lch surveyed tow^nship, 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 wdthin 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 owdng 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 Territory, shajl 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 law^s and parts of laws now in force in this Territory, not inconsistent with this constitution, shall continue and remain in full effect until re]:)ealed 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 w'ithin the Territory, and the term of time wdiich he shall have ])ractised 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. (>. The president of the convention shall issue writs of elec- tion to the sherifi's of the several counties, requiring them to proceed to the election of a governor, members of the general assembly, sher- iff's, and coronei's, 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 manner prescribed by the existing election-laws of this Territory; and the members of the general assembly, sheriils, 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. 7. 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 rei)resentativ^s; the county of Fair- 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, tw^o 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, President. Attest: Thomas Scott, Secretary. CONSTITUTION OF OHIO— 1851 * « ^Ve 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. Aeticle I BILE OF RIGHTS Section 1. All men are, by nature, free and independent, and have certain inalienable rights, among 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, i-eform, 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 Pi-aetioe in the 77th General Assembly of the State of Ohio. 1906-1008. pp. 1X>7-1S1. « Done in Convention at Cincinnati, March 10, 18.51. As amended and in force January, 1906. See Appendix. 2914 Ohio— 1851 Sec. 4. The people have the right to bear 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 sjtrict 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. 7. 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 w^orship, 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 aj'ising in the army and navy, or in the militia when in actual service in jtime 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 wdiich the offense is alleged to have been committed; nor shall any person be compelled, in any criminal case, to be a w^itness 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 tlie 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 prescribed 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. Xo person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud. Sec. 1G. 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. Xo hereditary emoluments, honors, or privileges, shall ever be granted or conferred by this state. Sec. 18. Xo 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. A^^ien 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 be made in money, or first secured by a deposit of money ; and such compensation shall be assessed by a jury, 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 rej^resentatives shall be elected biennially by the electors of the respective counties or districts, on the first Tues- day after the first Monday in Xovember; 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. Xo 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. 72.54— \0L 5—09 25 2916 Ohio— 1851 Sec. 5. No person hereafter convicted of an embezzlement of tlie 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, i^unish 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 l)ill, in either house, the vote shall be taken by j^eas and nays, and entered upon the journal; and no law shall be ]iassed 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 law. 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 wdiich 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. If). P^very 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 jxMiding, 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, or 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 Voted 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, publicly 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 Afers, by curing omissions, defects, and errors, in instruments and proceedings, arising out of their want of conformity with the laws of this state. Sec. 20. 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— 1851 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 less 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 EXECUTRE Section 1. The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and an attornej^-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 Mondaj' 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 meml)ers of each house of the General Assembly. The i)erson 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 office.rs 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 St:c. 7. He shall communicate at every session, by message, to the General Assembly, the condition of the state, and recommend 'siTch 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. Bec. 0. In case of a disagreement between the two houses, iri^ 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, wdien 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, with his reason therefor. Sec. 12. There shall be a seal of the state, which shall be kept by the governor, and used by him officiallv ; 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 tire 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 powers 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 only 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 j>ro temfore. Sec. 17. 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 speaker of 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 jDerson 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 (jeneral 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 mav 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 may be made as such court may deem expedient, but whenever all the judges of either divi- sion hearing 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 eoiinties, shall be subdivided into three parts, of compact territory, bounded by county lines, and as nearly equaHn population as j^racticable; in each of which, one judge of the court of common pleas 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 ma}^ 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 witii 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 3^ears, and shall receive such compensation, payable out of the count}^ treasury, or by fees, or both, as shall be j^rovided 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, l)y 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. [Rejiealed 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 Hlled by appointment by the governor, until a suc- cessor is elected aud 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 ])rovided by law, wdiich 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 (ireneral 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 t^vo-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. 1G. .There shall be elected in each county, by the electors there- of, one clerk of the court of common pleas, who 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 ; l)ut, 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 ])robate 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 ])arty 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, exce2;)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 Jjlie 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 Kaid court. A majority of the members of said commission shalllje 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, which attendants said commission ma}^ appoint and remove at its pleasure. Any vacancy occurring in said conmiission, shall be filled by appoint- ment 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 tAvo- thirds of such [each] house shall concur therein, from time to time, for the appointment, in like manner, of a like commission with like l^owers, 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 tAventv-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in Avhich 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 (ireneral Assembly shall have ])ower to exclude from the privilege of voting, or of being eligil>le to office, any person con- victed of bribery, perjury, or other infamous crime. Sec- 5. No person in the militai'v. 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, arisinw from the sale, or other disposition of lands, or other property, oranted or entrusted to this state for educational or religious purposes, shall forever be preserV'cd 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, or control of, any part of the school funds of this state. Article VII PUBLICO 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 8. 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 WORKS 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, dir3ct or contingent, whether contracted by vii'tue 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 poAver, 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 pto- vided for, as the same shall accumulate. «^ Sec. 3. Except the debts above specified in sections one and tAvo of this article, no debt whatever shall hereafter be created by or on behalf of the 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 toAvnship, or of any corporation whatever, unless such debt shall have been created to repel invasion, suppress insurrection, or defend the state in war. Sec. G. The General Assembly shall never authorize any county, city, toAvn, 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 compam^, 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 j)er annum. The said sinking fund shall consist, of the net annual income of the public works and stocks owned b}' the state, of any other funds or resources that are, or may be, provided by law, and of i^uch 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 jirovisions of this article. Sec. 10. It shall be the duty of the said commissioners faithfully to apply said fund, together m ith 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 rei)ort 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 boare 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 j^ublished as may be directed by law. [As amended Xovember, 1905.] Sec. 3. The General Assembly shall provide, by law, for taxing the notes and bills discounted or purchased, mone^^s loaned, and all other property, effects, or dues, of ever}' 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 f)rovide for raising revenue, sufficient to' defray the expenses of the state, for each year, and also a sufficient sum to paj^ 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 CORPORATIONS 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 unjDaid 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, irrespectiA'e 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 Ohio— 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 aft^r 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 secretary 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 m 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 b}' 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 j^ublished 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. AMien 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 necessaiy 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^lerks 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 hundi"ed 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. 7. 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, until 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 hy 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, " Xew con- stitution, Xo." 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 : '' Xo 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 T)e a separate section of article fifteen of the constitution. Sec. 1-9. The apportionment of the house of representatives duping 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, Fayeite, Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, J^ick- away, Pike, Preble, Sandusky, Scioto, Shelby, and Union, "shall, severally, be entitled to one represejitative, 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 AVashington, 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 AVood 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 yejirs; 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 (0) years as may be pre- scribed by the general assembly: that of the judges of the common pleas court six (G) 3'ears 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 (G) 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) j^ears, as may be pre- scribed by the general assembly. The term of office of the memlDers 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 ISIedill, President. Attest : Wm. H. Gill, Secretary. OKLAHOMA For organic acts relating to the land now included within Oklahoma see in this work : Treaty Ceding Louisiana, 1S03 (Louisiana, p. 1359). District of Louisiana, 1804 (Louisiana, p. 1364). Territory of Louisiana, 1805 (liOuisiana, p. 1373). Territory of Missouri, 1812 (Missouri, p. 2139). Territory of Arkansas, 1819 (Arkansas, p. 261). Treaty Ceding Florida and Fixing Boundaries, 1819 (Florida, p. 649). Act for Government of Indian Country, 18.34 (Indian Territoi'y, 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 Congbess, 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 Eiver, 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 along 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 a 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 2940 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 strides 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 Sfrip 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 thereo:^said outlet shall thereupon and without further legislation, become a part of the Territory of Oklahoma. Any other lands wnthin the Indiaji 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 efl'ect. 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 laAvs, agreements, and treaties of the United States, or to impair the rights of person 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 (If 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 laW'S 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 laAvs 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 Re|)resentatives 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, Avhose 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, hoirerer, That the duration of the first session of said legisla- tive assembh' n^ay 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 hereb}' 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 assembh' thereof. The county seat of the First County shall be at Guthrie. The county seat of the Second County shall be at Okla- homa Citv^ The county seat of the Third County shall be at Xorman. 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 Countj'^ shall be at Stilhvater. 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: Prodded, 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 l^e 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, respectivelv. 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 api)oint 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 membei's «f 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 representatfves 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^ov- 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 regidar sessions of the legislative assembly shall be prescribed by law: Prooided, hoicever, That the governor shall have power to call the legislative assembly together by proclamation, on an extraor- dinary occasion at any time. 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 legislatr\^e 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 birtli 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 offe'r 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 tiition 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 poAver 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 governor 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 wliich case it shall not be a law. Sec. T. That all toAvnship, 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 andj bv 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 am^ bond, scrijDt, 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 members of the first legislative assembly provided for by this act ; and no person holding a commission or appointment 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 tlieir successors are appointed and qualified, and they shall hold a term annually at /he 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 tirte 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 afl'ecting 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 cpurt 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 portiou of the Cherokee Outlet not embraced Avithin 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 vahie 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 herein' 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 jf this act had not been passed. The said supreme and district courts of said Territor}^, and the respective judges thereof, shall and may grant writs of manda- mus and hal)eas corpus in all cases authorized l)y 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 h'<^ishitive 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 " Connnon law ;" of chapter sixteen, entitled "Corporations;" of chapter eighteen, entitled " Countys 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 chajDter tAventy-six, entitled "Elections;" of chapter twenty-eight, entitled " Fees;" of chapter thirty-two. entitled " Frauds;" of chap- ter thirty- four, entitled "Guardians and Avards;" 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, cut it led " Notaries ])ublic;" of chapter sixty-two, entitled " Oaths and affirmations;" of chapter sixt3^-three, entitled " Occujn'ing claimants;" of article one of chapter seventy-two, entitled "Railroads;" of chapter seventy- three, entitled " Real estate;" and the provisions of part two of said law^s, entitled " Code of civil jirocedure,'' 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 all election officers until their election or appointment shall be provided for by the legislative assembly, but not more than t^vo 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 j)recinct. 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 put 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 Olvhihoma, and any 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: Provided^ That 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 f|ualifi('d, unless sooner removed by the President. Said attorney shall receive a salary at the rate of two hundred and fifty dollars annually. There shall l)e 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 Ignited States: he shall have the power and perform the duties and be subject to the same regulations and penaltu's iuiposed 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 Judiciarv, 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 aflinnation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The trovernor shall receive an annnal salary of two thonsand six hundred dollars as governor; the chief-justice and associate justices shall receive an annual salai-y of three thousand dollars, and the Secretary shall receive an annual salary of one (housand ei^jht hundred dollars. The said saUiwes shall be payable quarter-yearly at the Treasury of the United States. The members of the le<2:islative assembly shall be entitled to receive four dollars each per day during their attemlance at the sessfons, and four dollars for each and every twenty miles traveled in going to and returning from said sessions, estimating the distance l)v the nearest traveled route. There shall be appro])riated annuallythe sum of one thousand dollars, to be ex]:)ended by the governor to de- fray the contingent expenses of the IVrritory. There shall aiso be rtpi:)roi)riated annually a suflicient sum. to be expended by the secre- tary, and upon an estimate to be nuide by the Secretary of the Treas- nry of the United States, to defray the expenses of the legislative assembly, of the courts, 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 ex))en(l(M|. Sec. 15. That the legislative assembly of the Territory of Okla- home shall hold its first session at (luthrie. in said Territory, at such time as the governor thereof shall a])j)oint 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, sliall thereafter be sub- ject to be changed by the said governor and legislative assembly. Sec. 1G. That a Delegate to the House of Re])resentatives 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. bS. 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 Ignited States, by virtue of their settlement and occupancy of said lands, and they shall be credited with the time they have actually occui)ied 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 ^larcli second, eight- een hundred and eighty-nine, and under section two of an "Act to ratify and confirm an agreement with the Muscogee (or Creek) Nation of Indians in the Indian Territory, and for other purposes," approved March first, eigliteen hundred and eighty-nine: Provided., however^ That each settler imder 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 1)V him. in addition to the fees provided by law, the sum of one dollar and twenty-five cents per acre. AVhenever any of the other lands within the Territory of Okla- homa, now occupied hy 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, hov:evei\ 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 (lescril)ed in sections twenty-three hundred and four and twenty-three hinuh-ed and five of the Revised Statutes of the United States, shall not be abridged except as to such pa^'ment. 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 grantee! -to the respective educational societies or missionary boards for whose use the same has been set apart. No part of the land embrajCed 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 afi'ect any land which, upon any condition on l)ecom- ing a part of the public domain, would inure to the benefit of, or become the proi)erty of, any railroad corporation. Sec, 19. That j)o"rtion of the Territory of Oklahoma heretofore know'n 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. Tie may also, whenever he shall deem it neces- sary, establish another additional land district Avithin 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 proj)erly surveyed and subdivided wdiere the same has not already been done. Sec. 20. That the procedure in applications, entries, contests, and adjudications in the Territory of Oklahonui shall be in form and manner prescribed under the homestead laws of the Uiiited 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 JSIarch 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 wdthin the limits Oklahoma— 1890 2951 described in the President's proclamation of April first, eighteen hundred and eighty nine, and inider and in pursuance of the laws applicable to the settlement of the lands opened for settlement by such proclamation, and who has complied with 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 sucli 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 Aj^ril, eighteen hundred and eighty- nine : Prorided, That hereafter all surveys for toAvn 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 res])ectively when organized as municipalities: Provided fiirtJter, That in case any lands in said Territory of Oklahoma, which mav be occupied and filed upon as a homestead, under the provisions ot hnv applicable to said Territory, b}'^ a person who is entitled to perfect his title tliereto under such laws, are required for town site purposes, it shall be lawful for such person to 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 betAveen 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 part by the original survey. Sec. 24. That it shall be unlawful for any j^erson. for himself or an}^ 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— 18.90 Sec. 25. That inasniiich as there is a controversy hetween the Uiiite(l States and the State of Texas as to tlie ownership of what is known as (ireer C'onnty, it is lierehy ("xpressly provitk'd that this act shall not he construed to ai)ply to said (Jreer 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 detej;- mination of the controversy aforesaid the Attornev-CJeneral of the United States is hereby authorized and directed to commence in the name and on behalf of the United States, and ])rosecute to a final determination, a pro])er suit in ('([uity in the Sui)reme Court of the United States a<;aiiist the State of Texas, setting foi'th the title and claim of he United States to the tract of land lyin«^ beween the North and South Forks of the lied liiver where the Indian Territory and the State of Texas adjoin, east of the one hundredth de:nated on its maj) as (Jreer County, in order that the rirmined. ami 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 Conunission under the ad of Cono^ress approved January thirty-first, eifjhteen hundred and eiter 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, chaj)ter one hundred and fifteen; to pleadings and practice, chapter one hiindret('r 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 wills and testaments, chapter one hundred and fifty-five; and wherever in said huvs 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 meritioned, 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 where 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 nuiy 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 suflicient rental value to discharge the judg- ment within a reasonable time the court niay appoint a receiver, who shall take charge of such property and apply the rental receii).ts thereof to the payment of such judgment, under such regulations as the court may i)"rescril)e. If under such proceeding any improve- ment is sold only citizens of the tribe in which said property is sit- uate may become the ]:)urchaser thereof. The Constitution of the United States and all general laws of the United States ^vhicli prohibit crimes and misdemeanors in any piuce 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 nsed 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 laW'S of Arkiinsas 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 i)ro visions is hereby con- ferred upon the United States court therein: Provided^ That in all cases where Ihe laws of the United States and the said criminal laws of Arkansas have provided 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 Avhere 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 shall 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 proj:)erty 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 schema of chance in said Territory, or shall he in any wise con- cerned in any lottery or scheme of chance, hy acting as owner or agent in said Territoiy, 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 otfense, not exceeding five hundred dollars, and for the second ofiense shall, on conviction, be fined not less than five hundred (h)llars and not exceeding |ive 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 Avithin their respective divisions to issue mar- riage licenses or certificates and to solenmize 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 solenmized, and all pc^rsons 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 I'ecorders within their 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: Pro ruled, 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 nuirriage 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 f mother, 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, w^ithin 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, reo^ilating the jurisdiction and procedure before justices of the peace, are hereby extended over the Indian Territory ; and said connnissioners 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 the 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 tlie 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 pul)lic, a good and sufficient bond, in the sum of five thousand dollars, to be ajiproved 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 an 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 ])erformed by them, are hereby ratified and validated. Sec. 40. That persons charged with any offense or crime 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 coin-ts located in the Indian Territory have jurisdic- tion: Pro ruled. 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 any 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. 2900 Oklahoma— J 906 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 regidations as from the circuit courts of the United States, except as otherwise provided in this act. Sec. 48. That any member of any Indian tribe or nation residing in the Indian Territory may apjily to the United States court thcTcnn to become a citizen of the United States, and such court shall liave jurisdiction thereof and shall hear and determine such applica^on 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 a('cc{)t their land in severalty under any of the allotment laws of the United States, shall be deenled 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: Promded, 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 otherwise ai)i)ropriated, to be disbursed under the direction of the Attorney-(ieneral 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 jten 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 governmeot 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 Hous^e of Re-presentattves 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 Avould 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 Avho 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 ()klahoma shall apportion the Terri- tory of Oklahoma into fifty-six districts, as nearly equal in population as may be, except that eucli apportionment shall include as one district the Osage Indian Iveservation, aud the governor, the chief justice, and the secretary of the Territorv 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 'J'erritory, 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 saicl 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 whi-ch 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 of 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 j)rovi(le(l. And the United States courts of said' Indian Territory shall have the same power to enforce the laws of the Territory of Oklahonni, hereby extended to and put in force in said Territory, as have the courts of the 'I'erritory of Okla- homa: Prorit/cd, hoivevef\ That said board to ai)portion districts in Indian Territory shall, for the puri:K)se of said election. appiHitt an election conmiissioner for each district who shall distribute all ballots and election supplies to the several precincts in his tlistrict. receive the election returns from the jud<^es in precincts, and deliver the same to the canvassing board herein named, establish and dehne the neces- sary election precincts, and api)oint three judrocure the same free of tax under the laws of the United States ; and for the sale of such liquors to any ai)otliecary 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 i:)rescriptions or other medicines, the sale of which would not subject him to the payment of the special tax required of liquor dealers l)y 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. Xo 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 saicT State at all times during business houj's. An}^ person who shall knowingly make a false affidavit for 7254— VOL 5—09 28 2964 Oklahoma— 1906 the purpose aforesaid shall be deeined <;uilty of perjury. Any jihy- sician who shall prescribe any sueh liiiuor, excej)! for treatment of disease which after his own personal diae of the election and qiialilications of its own nieiiiljers. Persons possessing the qualifications entitling them to vote at tho 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 ofhcials whose elec- tion is taking- place at the same tinu', under such rules or regulations as said convention may ])rescribe, not in conflict with this Act. Sfx'. 25. That if a majority in each of said '1 erritories at the e4ec- 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 ^londay, Decemlier third, nineteen hundred and six, but they shall not receive compensatiojj for more than sixty days of service, and after organization shall declare on behalf yf the jx'ople of said i)roposed State that they adopt tl\e Constitution of the United States, whereupon the said convention shall be, and is herebv, 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 peojde of said State — First. That i:)erfect toleration of religious sentiment shall be se- cured, and that no inhal)itant of said State shall ever be molested in person or property on account of his or her mode of religious wor- ship; and that polyganious or plural marriages and the sale, barter, or giving of intoxicating liquors to Indians are forever prohibited. Second. That the peoi)le 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 proviTled, 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 x)f 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 Xcay 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 P>, in the present Territor}^ of New Mexico, and shall not be changed therefrom previous to anno Domini nineteen hun(h'ed and fifteen, but the i)ei'manent 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 peoi)le 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 ¥q\ 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 Avith 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 the votes cast thereon and a copy of said constitution, articles, propositions, and ordinances from said board, to issue his ijroclamation announcing the result of said election, and thereupon the proposed State shall be deemed admitted by Congress 2976 Oklahoma— J 900 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 (hite of said })rochimation. The original of said constitution, articles. projMJsitions, 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 authoritfes! Sec. '27. That until the next general census, or until otherwise pro- vided by law, said State shall be entitled to two Representatives inrthe House of Kepresentatives of the Ignited States, which Representa- tives, together with the governor and other otlicers provided for in said constitution, and also all other State and county oilicers, siiall 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 i)rovisions 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 succes.sors are duly elected and qualilied. Sec. 28. That upon the admission of said State into ihe 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 bex'U 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: ProridecL That the thirteenth, sixteenth, thirty-third, and thirty-sixth sections embraced in permanent reservations for national j^urposes shall not at any time be subject to the grants nor to the indenmity })rovisions of this Act, but other lands equivalent thereto may be selected for such school purj^oses in lieiH thereof ; nor shall any lands embraced in Indian, military, or other reservations of any character be subject to the grants of thi^s 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 Cal^a 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 parh, game preserve, and other reservation, or the said Casa (irande liuin, 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 within 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 legishitive, 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 hundred and eighty-one, entitknl "An Act to grant lands to Dakota, ^Montana, Arizona, Idaho, and AAVoming 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 herein' is, granted to said State, to take effect Avlien the same is admitted to the Union, three hundred sections of land, to be selected from the public donuiin within said State in the same manner as provided in this Act, and the jjroceeds 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 j^rovided for in this Act shall forever remain under the exclusiA'e control of the said State, and no part of the proceeds arising from the'sale or disposal of anj' 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 l)e 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 Stato shall enact such laws said appropriation shall not I)c paid. Said a[)propriation of five million dollars shall he held invi()lal)lo and invested by said State, in trust, for the use and hcnclit of said schools. Sec. 33. That all lands herein granted for educational puri)oses may be appraised and disposed of only at public sale, the i)roceeds to constitute a permanent school fund, the income from which biTly shall be expended in the support of said schools. But said hijuls may, under such re7: tlie jiresent worlc was eonii)Ieted and printed, as certified hy the I'ui)lic I'rinter, September 'J, 11)07. — Ed. OREaON CONVENTION WITH GREAT BRITAIN— 1818 " 4: $ ij! ii: it: ^ ij: Ajrticle III It is agi'eed that any country 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 an}^ claim which either of the two high contracting parties may have to an}' 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 jjarties, in that respect, being to jDrevent disputes and dili'erences among themselves.^ CONVENTION WITH RUSSIA— 1824 Article I It is agreed that, in unj part of the Great Ocean, commonly called the Pacific Ocean, or South Sea, the respective citizens or subjects of a This couveutiou. 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 2Ci. 1818. and ratifications wei"e exchanged .January 19. 1819. 6 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. 1846. authorized the President to give the requisite notice for the abrogation of the joint occupation, that the Oregon Territory might " no longer than need bo remain subject to the evil conse- (juences of the divided allegiance of its American and British population, 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 botli countries be the more earnestly directed to the adoption of all jiroper 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 boundary claimed by the United States. It was concluded at St. Petersburg April 5-17, 1S24. 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 tlie restrictions and conditions deternnned by the following articles. Article II With a view of preventing the rights of navigation and of fishing exercised upon the (Jreat Ocean by the citizens and subjects of the high contracting Powers from becoming the j)retext for an illicit trade, it is agreed that the citizens of the United States shall jiot 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 [)ermissi()n, tJT 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 shij^s 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 jireceding article, for the purpose of fishing andjtrading Avith 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 b}' 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 high 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 Irehmd, 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 territor}^ 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 ITnited King- dom of Great Britain and Ireland' has, on her part, appointed the Right Honorable Richard Pakeiduim, a member of Her Majesty's Most Honorable Privy Council, and Her Majesty's Envoy Extraordi- nary and Minister Plenipotentiary to the United States; A\lio, 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: Prorided^ 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 great 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, 1846, ratifications were exchanged July 17, 1846, and it was proclaimed August 5, 1846. 2986 Oregon— 184S preventing, or intended to prevent, the Government of the United States from making any reguhilions respecting the navigation of the said ri\'er or rivers not inconsistent with tlie j)resent treaty. Article III In the fntnre a]:)propriation of the territory sonth of the forty-uiwth 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 Ihit- ish subjects who may be already in the occupation of land or other jDroperty lawfully acquired within the said territory, shall be re- spected. Article IV The farms, lands, and other property of every description bgjong- ing to the l^ugefs Sound Agricultural Company, on the north side of the Columbia River, shall be confirmed to the said company. In ca^e, 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 rccjuired 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 Lond(m, at the expiration of six months frOni the date hereof, or sooner if possible. In witness wdiereof 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 TERRITORIAL GOVERNMENT OF OREGON— 1848 « [Thirtieth Congress, First Session] An Act to establish the territorial government of Oregon Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assenihled^ That from and after the passage of this act, all that part of the Territory of the United States Avhich lies w^est of the summit of the Rocky Mountains, « 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. 18J:3, which was recognized. General Joseph Lane, the first territorial governor, arrived, and, by proclamation, put the territorial government into operation March 3, 1849. Oregon— 1848 2087 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 ojf the Territory of Oregon: ProoidecU 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 an}^ 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 pj^ovided 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 ])roceed- 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 corres]>ondence, 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. Aiul he it further enacted. That the Icjzishitiyo powor and authority of said Torritory shall be vested in a h'^nslative assembly. The legislative assembly shall consist of a council and house of repre- sentatives. The council shall consist of nine members, havin<>: the qualifications of voters as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shjilLbe assembled, in consequence of the first election, they shall be divided as equally as nuiy be into three classes. The seats of the membei-s of council of the first class shall be vacated at the e.\i)irati()n of thelirsi:, year; of the second class, at the expiration of the second year; and ()f the third class, at the expiration of the third year, so that one-third may be chosen every year; and if vacancies happen by resi«;n:>4i()n or otherwise, the same shall be filled at the next ensuing election. The house of representatives shall, at its first session, consist of ei^iteen members, possessing the same qualifications as prescribed for mem- bers of the council, and wdiose term of service shall continue one year. The number of representatives may be increased by the legislative assembly from time to time, in pro])ortion to the increase of qualified yotera: Pro rided, 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 re])resentatives, giving to each section of the Territory repre- sentation in the ratio of its qualified voters, as nearly as may be. Aud the members of the council and of the house of re])resentatives shall reside in and be inhabitants of the district, or county or counties, for which they may be elected respectively. ]*revious to the first election, the goveriior shall cause a census or enumerati(m 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 conduct(Ml in such nuin- ner, both as to the persons who shall superintend such election, and the returns thereof, as the governor shall ai)i:>oint and direct; and he shall, at the same time, declare the number of members "t)f 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 re])resentatives shall be declared by the governor to be duly elected members of said house : Provided, That in case tw^o more persons voted for shall have an equal number of votes, and in case a vacancy shall otherAvise 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— 1848 2989 law, as well as the day of the commencement of the regular sessions of the letrislative assembl}': 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: Prodded^ 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 i)rovisions 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 Xavy of the United States shall ever be elected to or hold any civil office or appointment in said Territory. Sec. G. ihid he it fiirtlier enacted^ That the legislative power of the Territory shall extend to all rightfid subjects of legislation not inconsisteiit 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 giv^e power to incorporate a bank, or any institution with banking powers, or to borrow money in the name of the Ter- ritoiy, or to pledge the faith of the people of the same for any loan whatever, either directly or indirectly. Xo 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 ol)ligations, 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- j^oration, derived from other authority, be allowed in said Territor}'^; 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 j^roperty, 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— IS /^8 havo, no proper relation to each other, every hnv shall cmhrare hut one ohject, and that shall he expressed in the title. Sec. 7. And he it further enacted^ That all township, district, and county officers, not herein otherwise 2)rovi(led for, shall be ai)i)ointed 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 tegis- lative assembly shall hold, or be appointed to, any office Avhich shall have been created, or the salary or emoluments of which shall U'ave been increased, Avhile 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 Hrst 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 l>e 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 tw^o of whom 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 l)e divided into three judicial districts, and a district court shall be held in each of said clistricts by one of the justices of the supreme court, at such times and places as mav be prescribed by law^; and the said judges shall, after their apj)ointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, l)oth appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Proinded^ That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any w^ise 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 w^ell 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 sujireme 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- petent witness, shall exceed tw^o 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; Avrits 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 vestecl 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 Territor}^ received for similar services. Sec. 10. And he it farther enacted. That there shall be appointed an attorney for said Territory, who shall continue in office for four years, ancl until his successor shall be ai)pointed and quiilified, 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 AVisconsin. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, and until his successor shall be aj^pointed and quali- fied, 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 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 two hundred dollars annually as a compensation for extra services. Sec. 11. And be it further enacted^ That the governor, secretary, chief justice and associate justices, attorne3% 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, dul}^ 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, wdien 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 secretarj^ 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 bv 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 taiven, certitied, and recorded, in snch manner and form as may be ])rescribed by law. The governor shall receive an annual salary of fifteen hundred dol- lars as governor, and fifteen hunch-ed dollars as superintendent of Indian affairs. The chief justice and associate justices shall -t\Tch receive an annual salary of two thousand dollars. The secretary shall receive an annual salary of fifteen hundred dollars. The ^aid 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 untirsaid officers shall have entered upon the duties of their res]5ective appointments. The members of tlu^ legislative assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dr»llai-s 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: Prorldcd^ 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 exi)enses 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 ui)on 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 iDeyond 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 wdiich 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 l^rovisional 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 singidar the rights, priv- Oregon— 1848 2993 ileges, and advantages granted and secured to the people of the terri- toiy of the United States northwest of the river Ohio, by the articles of compact contain<^d in the ordinance for the government of said ten-itory, 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 Territorj^ of Oregon, under the authority of the provisional govern- ment established by the people thereof, sJiall 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, maj^ 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 the}^ 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. 1G. And he H 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 twent^^-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— 18^8 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 conrts established by anthority 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, wiiich may in'cTIide 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 laAvs in force within said limits may be prosecuted, tried.jind 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 wovdd have been under the laws iir force within the limits composing said Territory at the time this act shall go into operation: Proeided, That the laws, penalties, and forfeitures, and punishments, by this section reciuired to be enforced by the courts provided for by this act, shall not be inconsistent with the Constitu- tion of the United States: And prorided 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 resi)ective offi- ces as officers of the Territory of Oregon until they or others shall be duly elected or appointed, and qualified to fill their ])laces in the manner herein directed, or until their offices shall be al)<)lishe(l. 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 exi^ended, 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— 18J^8 2995 the times and places for holding roiirts in the several counties or sub- divisions in each of said judicial districts, bv proclamation to l)e issued bv him; but the legislative assembly, at their tirst or any sub- sequent session, nuiy organize, alter, or modify such judicial districts, and assign the judges, and alter the time and places of liolding the courts, as to them shall seem proper and convenient. Sec. 22. And he it fitrther enactcuh 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 uuiin-land of the Tei'ritory 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 aj)pointed 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 ninnber, (one of which shall be located on Fuffefn Sound.) as he may deem expedient, aiul nuiy apj)oint. 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 alloAved a compensation of one thousand dollars per annum and the fees allowed by law ; and the compensation of any surveyor ap]:»ointed in pursuance of this act shall not (wceed 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 exj)ended under the direction of the Secretary of the Treasury, for the construction of light-houses at Cape Disappointment and Xew Dunginess; and for the construction and anchoring 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 [Thirty-fifth Congress, Sfconu Session! An Act for the Aduiissioii of Oregon into the T'nion ^^Tioroas the people of Orefjon have framed, ratified, and adopted a constitution of State ocjvcnnnent which is republican in form, aiwl 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 by the Senate and House of ReprescntatircH of the United States of America in Congress asse?7ibled, That Oregon be, and she is hereby, received into the Union on an e(iual foot in7. It was submitted to the people November 9, 1857, and ratified by 7,195 votes against 3,195 votes. Oregon— 1857 2999 Sec. 10. Xo court shall be secret, but justice shall be administered openly and without purchase, conipletel}' 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. Xo person shall be put in jeopardy twice for the same offence, nor be compelled in any criminal prosecution to testify against liimself . Sec. 13. Xo person arrested or confined in jail shall be treated with unnecessary 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 ucav 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. Xo 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. Xo 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: Pronded^ That laws 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 haheas 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 le\'ydng war against it, or adhering to its enemies, giving them aid or comfort. Xo 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— JSo7 Sec. 2«>. Xo conviction >hall \v<;ik c(>iiui)tion of Mootl or forfeiture of estate. Sec. '27. Xo law shall l)e passed restraininear arms for the defence of themselves and the State, but the military shall be kept in strict subordination to the civil power. ♦' Sec. '29. Xo 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 prescril)ed by law. Sec. 30. X'o law shall be passed granting any title of nol)ility or conferring hereditary distinction. Sec. 31. X'^o law shall be passed prohibiting emigration from the State. Sec. 3-2. AMiite 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-lx)rn 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. X'o 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 hare been duly convicted. Sec. 36. Xo free negro or mulatto, not residing in this State at the time of the adoption of this Constitution, shall come, reside or bo within this State, or hold any real estate, or ma"ke any contracts, or maintain any suit therein: and the Legislative Assembly shall pro- vide by penal laws for the removal by public officen? 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 suefrage 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 imn\e- 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 Ije 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 ahnshou.-e or other asylum at public expense; nor while confined in any public prison. Sec. 5. Xo soldier, seaman, or marine in the Army or Xavy of the United States, or of their allies, shall l^e 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 f.. Xo 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 l)een elected, wlio 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 fi'ee 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. 10. Xo 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: Provided, 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. Xo person who may hereafter l>e 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 smns 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 l>e 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 which it is pro^ided that an office shall not l>e filled by any person more than a certain numljer of years continu- o This section is numbered 13 in the oris:inal. 6 This section is numbered 12 in the original. 3002 Oregon~l857 ously. an appointment pro tt^m pore shall not Ix' reckoned a part of that term. Sec. 14. Oeneral elections shall he held on the first Monday of .June biennallv. Sec. io. 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 giren openly, or rica roce. nntil the legislative assembly shall otherwise direct. . .»- Sec. 10. 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 it. 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 con^es- sionaf 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 legislatiee asf eligible to the office of governor nor shall any j)erson be eligible to that office Avho shall not have attained the age of thii'ty years^and who shall not have been three years next ])i"eceding liis 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 ti-ansmitted to the secretary of state, directed to the speaker of the house of representatives, wlio shall ojxm and publish them in the presence of both houses of the legislative asseml)]y. Sec. 5. The ])erson having the highest number of votes for governor shall be elected; but in case two or moiv 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 oneof the said persons governor. Sec. G. Contested elections for governor shall be determined b}'- 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 hiAvs 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 sucli 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 l)oth houses, when a!4- 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 ol)jec- 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 i)resent 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 l)e 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 secretar}- 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. When, 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 when at anv time a vacancy shall have occurred in an}' 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. 17. He shall issue writs of election to fill such vacancies as may have occtirred in the legislative assembly. Sec. 18. All 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; hut no person shall he eli/'/>w.v.' provided such' decision be not apiinst the authiMity or pro- ceedings of a court or judt as herein otherwise provided. Sec. 2. Each elector who otfers to vote upon this con.stitution shall be asked by the judges of election this question: " Do you vote for the constitution — yes or no? " And also this question : " Do 3'ou 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 shjiU be columns headed, respectivel}^ " Con- stitution— Yes ; " " Constitution — ^^Xo ; " '' 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, tn 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. ?>. If a majority of all the votes given for and against the constitution shall be given for the constitution, then this constitution shall be deemed to be approved and accepted by the electors of the State, and shall take effect acc-ordinglv ; 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 lawf idly 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 votes shall l)e given against slavery, then the foregoing shall not. but tlie foUowing section shall, be added to the bill of rights, and shall l)e 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 tlie following section shall be added to the bill of rights and shall i)e part of this constitution: " Section — . No free negro or unilatto, 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 nndattoes, and for their effectual exclusion from the State, and for the punishment of persons who shall bring them into the State, or em]:)loy or hai'bor 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 AVasco, 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; AVashington. Columbia. Clatsop, and Tillamyok, 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. « See Rill of Rights, clause 39. ^ vSee Bill of Rights, clause 35. 3018 Oregon— 1857 Sec. <■). If this constitution sluill bo ratiliod. an election shall he held on the first Monday in Jnne, 1858, for the election of members of the legislative assembly, a Representative in Congress, and State and county officers; and the legislative assembly shall convene at the capital the first ]M()nday of July, 1858, and proceed to elect two Sena- tors in Congress, and make such further provision as may be necessyi:^' to the comi)lete organization of a State government. Sec. 7. All laws in force in the Territory of Oregon when the cfH\- fititution takes effect, and consistent therewith, shall continue in fofCe 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 supw- seded by the State authorities. Sec. {). 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 beeu 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 Avhatsoever nature, and recognizances, obligations, and undertakings tj) or for the use of the Territory, or any county, ])oliticai corporation, officer, or otherwise, to or for the public shall insure to the State or remain to the coimty, 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, Yandiill, and Washington shall constitute the third district. The counties of Clackamas, Multonomah, AVasco, 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 X. Terry, Secretary. M. C. Barkwell, Assistant Secretory . AMENDMENT OF THE CONSTITUTION OF THE STATE OF OREGON a 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 . . — . — . — . — - . — A. oAdopted 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 i)ower 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 necessarv for the innnediate ])reservati()n of the ];ul)lic 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 Avith 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 peo])le. All ele(;ti()ns 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 jipproved 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 ()regon." This section shall not be construed to deprive any 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, 1900) 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 \a of article IV : " Section la. 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 powders shall be prescribed by general laws, except that cities and towms 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- i^ the same sliall 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 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 ]:)art of 4liis Constitution. The A'otes 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 (lovernor, and if it shall appear to the (xov- 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 amenchnents, severally, having received said majority of votes to have l)een 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, the}^ shall be so submitted that eacli amendment shall be voted on separately. No convention shall be called to amend or propose amendments to this Constitution, or to propose a new 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 initiatij'e 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 la'ws. 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 sliall be eii-^ acted the State Printer shall be elected and the printing done as heretofore provided by this constitution and the general law^s." PANAMA CANAL ZONE ACT PROVIDING FOR CONSTRUCTION OF ISTHMIAN CANAL, 1902 [Fifty-seventh Congress. First Session] Au Act to provide for the construetiou of a canal connecting the waters of tlie Atlantic and Pacific oceans Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That the Presi- dent of the United States is hereby authorized to acquire, for and Oil 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 dej)th 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 ownershi]) thereof, or a controlling interest therein, shall have been acquired by 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— 1 902 as provided in section one hereof, and shall have obtained by treaty control of the necessary territory from the Repnblic 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 liepublic of Colombia such sum as shall have been agreed upon, and a sum sufficient for both said purposes is hereby ap])ropriated, Qut of any money in the Treasury not otherwise appropriated, to be paid on warrant or warrants drawn by the President. The President shall then through the Isthmian Canal CommissiSn hereinafter authorized cause to be excavated, constructed, and com- pleted, utilizing to that end as far as practicable the work 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 s^iall 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 what is commonly known as the Nicarague route, shall througli 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 Oreytown, 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 alid 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 Costa Rica for the concessions and rights hereunder provided to be acquired by the United States, are hereby appropriated, out of any- money in the Treasury not otherwise appropriated, to be paid on warrant or warrants draAvn 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. G. 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. 7. 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 Connnission 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 emploj^ed 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 shall be deducted from the amount of salary or compensation provided by 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 Treasury 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 purpo>« 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: ProHded^ 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 opportunity 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 aiid 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, February 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 1 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. resolution of February 25. 1867: to fix upon terms by which a right of way across the Istlniius might be obtained by the United States Government, resolu- tion of March 2, 1807, 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 RepuV)lic of Colombia, and the sovereignty of such territory being actual!}^ 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, Johx Hay, Secre- tary of State, and The Government of the Republic of Panama, Philippe Bunau- Varilla, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto specially empowered by said govern- ment, who after communicating Avith 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 Kepublic 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 tl^e waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal. Article V The Eepublic 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 Avith rights herein granted to the United States in which case the rights of the United vStates 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 awards 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 water 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 whether 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 otlmr 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 au}^ such vessels, except such tolls and charges as may be imposed by the United States for the lise 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 works, tugs and other vessels employed in the service of the Canal, store houses, work shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property, and effecfs 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 works. 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 eniploj'ment 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 consi:ruction, maintenance, opera- tion, sanitation and protection of the Canal and auxiliarj^ works, and all provisions, medicines, clothing, 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 au}^ 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 Rei^ublic 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 GoATrnment of the United States agrees to pay to the Republic. of Panama the sum of ten million dollars ($10,000,000) in gold coin of the United States on the exchange of the ratification of this convention and also an annual payment during the life of this convention of two hundred and fift}' thousand dollars ($-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 e\^ent 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 by future agreement for the pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary lands to the authorities of the Eepublic of Panama of persons charged with the commitment of crimes, felonies or misdemeanors without said zone and for the puiv suit, capture, imprisonment, detention and delivery Avithout said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies and misdemeanors within said zolie and auxiliary lands. Article XVII 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^ny 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 JBritain 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 ^Dublic 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, aa hereof the obligations shall descend or be assumed by 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 which 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 (lovernnients, corporations, syndicates or individuals, and consequently, if there should arise any claims on account of the present concessions and privileges or other^vise, the claimants shall resort to the Government of the Republic of Panama and not to the United States for anj^. 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 X. B. Wyse now owned by the Xew 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 ITnited 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 Xew 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 Xew 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 ITnited States thereto upon consummation of the contemplated purchase by the United States from the Xew 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 raihvays 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— LOOS- 4 Article XXIV No change either in the GovoriinuMil or in the laws and treaties of the Republic of Panama shall, withont the consent of the United States, atl'ect any rif»ht of the United States under the present con- vention, or under any treaty stipulation between the two countries that now exists or may hereafter exist touchin<>^ the subject nuxtterof this convention. If the Republic of Panama shall hereafter enter as a constituent into any other (xovernment or into any nnjon or confederation f)i states, so as to merge her sovereignty or independence in such (tov- ernment, union or confederation, the rights of the United States under this convention shall not be in any respect lessened or impairexl. 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 (Tovernnient of the Republic of l^anama will sell or lease to the United States lands adequate and necessary for naval or coaling stations on the Paciiic coast and on the western Caribbean coast of the Republic at certain points to be agreed upon Avith the President of the United States. Article XXVI This convention when signed by the Plenipotentiaries of the Con- tracting Parties shall be ratified by the j-espective Governments and the ratifications shall bo exclutnged 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 AVashington 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 if enafted hy the Senate and House of Representatives of the United States of America in Congress assemJ)led, That the President is hereby authorized, upon the acquisition of the property of the Ncav 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 nnder 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 thi'ee 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 ma}' 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 Fifty-eighth Congress, unless provision for the temporary government of the Canal Zone be sooner made by Congress, all the military, civil, and judicial ])owers 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 inelnded within Pennsylvania see in other parts of this work : Charter of Virginia. 1G06 (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 Finch 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 hanks of the Delaware River, although the Dutch had previously established tr.iding-posts there, which had been destroyed by the Indians. The Swedes accpiiretl. 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(531. 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 ti-eaty, and the cession is regarded as doubtful. ft 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 1664. "Charter to William Penh and Laws of the Province of Pennsylvania, passed between the Years 1682 and 1700. pi'eceded by Duke of York's Laws in force from the year 1676 to the year 1682. with an appendix, containing Laws relat- ing to the organization of the Provincial Ccmrts and Historical mattei-. Pub- lished under the direction of .lohn Blair Linn. Secretary of the Commonwealth. Compiled and edited by Staughton George. Benjamin M. Nead. Thomas Mc- Camant. Harrisburg : 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 T)f Public Records, Loudon, September 25, 1878. in the Historical Society of Pennsylvania. 3035 3036 Pennsylvania — W81 Charles the Second, by the Grace of God, King of England, Srot- land, France, and Ireland, Defender of the Faith, d-e. To aJl whom these presents shall come, Greeting. Whereas Our Trustie and well- beloved Subject William Penn, Esquire, Sonne and heire of Sir William Penn deceased, out of a connnendable Desire to enlarge our Engh'i^h 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 maimers to the Love of Civil Societie'alid Christian Keligion, hath humbley l)esought Leave of Us to transport an ample Colonic unto a certaine Countrey hereinafter describeck in the Partes of Ameriea not yet cultivated and planted ; And hath like- wise humbley besought Our Royall Majestic to Give, Grant, and Confirme all the said Countrey, w^ith certaine Privileges and Juris- dictions, requisite for the good Governuient and Safetie of the said Countrey and Colonic, to him and Iiis Ilein^s forevei': Know ye tiiere- roRE, 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 James Duke of York, in that Signall Battell and Victorie fought and obteyned against the Dvtch Fleete, connnand by the Ileer Van O pdam, 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 (xrant unto the said Wil- liam Penn, his Heires and Assignes, all that Tract or Parte of Land in Amei'ica, with all the Islands therein conteyned, as the same is Vjounded on the East by Delaware River, from twelve miles distance Northwards of New Caxfle Towne unto the three and fortieth degree of Northerne Latitude, if the said River doeth extende so fai're North- wards; But if the said River shall not extend soe farre Northward, then by the said River soe farr 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. AVee do also give and grant imto the said Williani Pen a., 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 w^ell discovered as not discovered, of Gold, Silver, Gemms, and Pennsylvania — 1681 3037 Pretions 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 Pem\^ his heires and assignes. Wee doe by this Our Roy all Charter, for Us, 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 Ayillium 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 Peiin, his heires and assignes, to the only Proper use and behoofe of the said William Perin^ 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 Avithin 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, know ye THEREFORE, That We reposing speciall trust and Confidence in the fidelitie, wisedom. Justice, and provident circumspection of the said William Perm for us, our heires and Successors, Doe grant free, full, and absolute poAver 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 Scales to publish any Lawes whatsoever, for the raising of money for the ])ublick 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 ad vice,. assent, and approbation of the Freemen of the said Countrey, or the greater parte of them, or of their Delegates or Deputies, whom 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 Avhat Causes soever, for the probates of wills, and for the granting of Administrations 3038 Pennsylvania— 1681 within the precincts aforesaid and with what Power soever, and in such forme as to the said William Penn or his heires shall seenio 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 C/*ses to grant Keprieves, until Our pleasure may bee known thcroin 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 dcH' belong, a It ho 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 xVctions, Suits, and Causes whatsoever, as well Criminall as Civill, Personall, reall and^iixt; which Lawes, soe as aforesaid to bee published, Our Pleasure is, and soe Wee enjoyne, require, and connnand, 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 rei)ugnant or contrarie, but as neare as conveniently may bee agreeable to the LaAves and Statutes, and rights of this Our Kingdome of Englditd ; 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 hai)pen, 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 &j,id Countrey Wee will, and ordaine, and by these presents, for us, our Heires and successors, Doe Grant unto the said William Perm 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 Avhole- 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 wdthin 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 regulateiflg 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 b}' 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 LaAves, which shall bee soe as aforesaid made and published within the said Province, shall within five yeares after the nuikeing 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, inccmsistent 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 : OtherAvise 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, Avith 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 knoAvledge. 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— 1 68 1 wares, goods, aiul Mcrcliaiulizes, 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 Kingdonies and Dominiones to be carryed out of the said Kingdomes, without any Lett or molestation of ns, our heires and Successors, or of any of the Officers of us, our heires and Successors; saveing alwayes to ns.-onr heires and Successors, the legall inii)ositions, custonies, and other Duties and payments, for the said Wares and ^Merchandize, by |jny Law or Statute due or to be due to us, our heires and Successors. And Wee doe further, for ns, 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 Towites, Hundreds and Counties, and to erect and incorporate Townes into Borroughs, and Borroughs into Citties, and to make and constitute ffaires and Marketts therein, with all other convenient priviledges and immunities, according to the nieritt of the inhabitants, and the ffitnes of the places, and to doe all and every othei- thing and things touching the premisses, Avhich 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 AVarrant 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 Williani 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, tfactors 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 Ein/hnul, and not into any other Countrey whatsoever: And wee give him full i)ower to dispose of the said goods in the said ports; and if need bee, Avithin 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 export the same into any_pther Coun- treys, either of our Dominions or tforeigne, according to Lawe: Pro- vided ahvayes, 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 Englroid^ for the time being, shall be bound to pay, and doe observe the Acts of Navigation, and other Lawes in that behalfe made. And ri rtiier:moue, of our most ample and esspeciall grace, certaine knowledge, and meere motion, AVee 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, boater?, 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 unladen onely at such Ports as shall be erected and constituted by Pennsylvania — 1681 3041 the said William Perm, his heires and assigiies, any use, ciistome, or other thing to the contrary notwithstanding. Provided, that the said Willfd/n Penn and his heires, and the Lieutenants and Gover- nors for the time being, shall adniitt and receive in and abont 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, AVee doe grant unto the said WiJliam Perm, his heires and assignes, That he, the said WiJliam Penn, his heires and assignes, may from time to time for ever, have arid 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 WiJliam 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 knoAvne 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 We>itntin.ster, to Answer for any ^Misdemeanors that shall be committed, or by any wilfull default or neglect permitted by the said WiJJiani 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 WiJliam 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 within the space of one j^eare, 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 hiAvfull for us, our heires and Successors, to seize and Resume the government of the said Province or Countrey, and the same to retaine untill paj-ment 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 WilJiam 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 — 7 68 1 Successors; Xor 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 kiniu", i)rince, 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 themselv'es, as of other enemies, pirates and robbers, may probably be feared ; Therefore Wee have given, and for us, our heires and Successors, Doe give poAver by these presents unto the said WiIHroposed, as aforesaid, that are assented to by the General Assembly, shall be enrolled as laws of the Province, with this stile: By the Gorer'iior, tcith the assent and approbation of the freemen in prooincial 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 couiitry shall increase in people, so as it do not exceed five hundred, at any time; the appointment and proportioning of which, as also tlie 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 ancr*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 (iovernor, 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, WilUa?7i 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 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 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 iu\- 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 m 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 meec, 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 LotrPs Daij^ 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 Wdliam 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, wdiereby 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 iio force or effect. In witness whereof, I, the said Will lam Peim, 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 ltpox in england, ac* I. That the charter of liberties, declared, granted and confirmed the five and twentieth day of the second month, called April, 1G82, before divers witnesses, by William Pen/t, Governor and chief Proprietor of Pensilvania^ 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— \0L 5— U9 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 who 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 General Assembly, in the said province. III. That all elections of members, or representatives of the peoj^le and freemen of the province of Pem^Urania^ 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 otherwise, 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 way 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 thereof. V. That all courts shall be open, and justice shall neither be sold, denied nor delayed. VI. 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 Englhli^ and in an ordinary and plain character, that they may be understood, and justice speedil}' administered. VIII. That all trials shall be bv 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 tAventy-f our returned by the sheriffs, for a grand inquest, of whom 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 ; whereof one shall be in every county. XI. That all prisoners shall be bailable by sufficient sureties, unless for capital oifences, Avhere the proof is e^^dent, 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 fee^?, 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 b}' two witnesses, shall be of the same force as to lands, as other conveyances, being legally proved within forty days, either Avithin or without the said province. XVI. That seven years quiet possession shall give an unquestion- able right, except in cases of infants, lunatics, married w^omen, or persons beyond the seas. XVII. That all briberies and extortion Avhatsoever shall be se- verely punished. XVIII. That all fines shall be moderate, and saving men's contene- ments, merchandize, or wainage. 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. I^onds. bills, wills, contracts, and conveyances, or that 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 l^arty wronged, and they shall be dismissed of all places of trust, and l)e 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 registei-ed. 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 satisliud. XXY. That the estates of capital otfenders, as traitors and nnir- 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 befoi'e any lawful authority, within the said province, shall there give or deliver in their evidence, or testimony, by solenndy i)romising to speak the truth, the whole truth, and nothing but the truth, to the matter, or thi^g in question. And in case any person so called to evidence, shall be con- victed of wilful falsehood, such person shall suffer and undergo sudi damage or penalty, as the person, or persons, against whom he or she bore false Avitness, 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 thaii 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 jSIagistrates, 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 emplovers. 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 INIembers elected to serve in provincial Council and General Assembly, and all that have right to elect such Members, Pennsylvania — J 682 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 j^ears of age, 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. XXXyi. 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 sw^earing, 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 w'ithin this province; all jDrizes, stage-plays, cards, dice. May-games, gamesters, masques, revels, bull-baitings, cock-fightings, bear-baitings, and the like, wdiich excite the people to rudeness, cruelty, looseness, and irreligion, shall be respectively discouraged, ajid 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 law^s 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 law^s. 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 FRAME OF GOVERNMENT OF PENNSYLVANIA— 1683 * The Frame of the Government of the Frooince of Peiiiisylvaniu 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 ^reat sea-l of England, bearing date the fourth day of March, in the thirt}'*and third year of the king, for divers considerations therein mentioned, hath been graciously pleased to give and grant unto me William Fenn (by the name of William Fenn, Esquire, son and heir of Sir WilUam Fe7in, deceased) and to my heirs and assigns for ever, all that tract of land or provijice called Fennsylvania, in America, with fivers great powers, preheminencies, royalties, jurisdictions and author- ities, necessary for the well-being and government thereof. Apd whereas, the king's dearest brother James, duke of York and Albany, Sec, by his deeds of feoffment, under his hand and seal, duly per- fected, bearing date the four and twentieth clay 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 Fenn, haA'e 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 Fennsylvania, 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 ; which 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 comity, 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 chiise 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 quomm ; 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 quormn^ 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, which 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 AssembW, in order to passing theui into law\s. 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, liave 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 iise, 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 imj)rovement of the province and territories, and to the good education of youth, and sobriety of the manners of 4he 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 o}:)ened by the Governor or his Deputy, shall, upon the question by him put, give their affirmative or negative, which to them seemeth 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^ ^vitJi the assent and approhation 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 meetiiig, 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 ])ropose, and the Assembly to resolve, so that the order of proportion be strictly observed, both in the choice of the Council and the respective committees thereof, els.: one third to go oif, and come in yearly. XVI. That fi'om 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 i)rovincial 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 (xovernor 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 ]3ass 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 tlieir 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 hallot^ 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— J 683 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. v- 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 LotcVs day, the business api:)ointed 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 pureffaser, or who doth, or shall, inhabit in this province or territories thereof, shall decease at any time before he can Avell 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 Mve 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 w^hatsoever, 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, without 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 — / 683 3069 confirm, that neither I, my heirs nor assigns, shall procure, or do Z th ng or things, whereby the liberties, m 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, i shall be held of no force or effect. In witness whereof, I he said JUlham Perm, at Philadelphia, in Pennsylrania, have unto this present char- ter of liberties set my hand and broad seal, this second day of the 4cond month, in the year of our Lord one thousand six hundred and ;i^hty Sid three, being the five and thirtieth year of the king, and the third year of my government. ^^^^^^^^ ^^^^ This within charter, which we have distinctly l^eard read and thankfully received, shall be by us inviolably kept, at PMadelphia, the second day of the second month, one thousand six hundred eighty and three. The Members of the provincial Council present: William Markham, ^^]]'^'^ S'^^' . John Moll, Wdhain Biles, William Haige, James Harrison, Christopher Taylor, John Richardson, John Simcock, PhiliP Thomas Lenman, William Clayton, -o- u "i t "' i rn r Francis Whittwel, Richard Ingelo, CI. Conn. Thomas Holme, The Members of the Assembly present: Casparus Harman, John Darby, Benjamin AVilliams, William Guest, Valentine HoUingsworth, James Boy den, Bennony Bishop, John Beazor, John Harding, Andrews Bringston, Simon Irons, John Wood, John Curtis, Daniel Brown, William Futcher, John Kipshaven, Alexander Molestine, Robert Bracy, senior, Thomas Bracv, William Yardly, John Hastings, Robert Wade, Thomas Hassald, John Hart, Robert Hall, Robert Bedwell, William Simsmore, Samuel Darke, Robert Lucas, James Williams, John Blunston, John Songhurst, John Hill, Nicholas Wain, Thomas Fitzwater, John Clows, Luke Watson, Joseph Phipps, Dennis Rotchford, John Brinklair, Henry Bowman, Cornelius Verhoofe, John Southworth, CI. Synod. Some of the inhabitants of Philadelphia present: William Howell, Edmund Warner, Henry Lewis, Samuel Miles. 3070 Pennsylvania — W96 FRAME OF GOVERNMENT OF PENNSYLVANIA— 1696 * The Frame of Government of the Province of Pennsylvania, and the territories thereunto hclonging ; 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 seai 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 constituting him, the said William Penn, absolute Proprietary thereof, vesting him, his Deputies and Lieutenants, with divers great powers, pre-eminences, royalties, jurisdictions and authoritiesr*nec- essary for the well-being and good government of the said province. And whereas the late Duke of Yo7'k 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 Avith 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 Avhereas king AVilliam 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 tb^ir care and protection, did think fit to constitute Ben']amin 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 Newcastle, 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 Markham, Governor under him, * Idem. Appendix, VIII-XII. Pennsylvania — 1696 3071 with directions to act according to the known hiAvs 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 i)rovince 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 ffti/ 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 Avhatsoever, 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 efiect, to all intents and purposes whatsoever, as if they had taken an oath ; and in case any such person or j^ersons shall be lawfully convicted of having wilfull}^ and corruptly affirmed, or declared any matter or thing, upon such solemn affirmation or attest, shall incur the same penalties and forfeitures as by the laws and statutes of Enr/Jarul 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— 1696 Masters of the Rolls, Sheritfs, Coroners, and all other offices of State and trust, Avithin 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 Eneople, before they are read in general as'sembly 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 j^reambles. Sect. 16. The stile of the laws of this commonwealth shall be, " Be it enacted, and it is hereby enacted by the representatives of tlw free- men of the 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, Tlie seal of the laws of PennKylvanla^ and shall not be used for any other purpose. Sect. 17. The city of Philadelphia and each county of this com- mouAvealth respectively, shall on the first Tuesday of November in this present year, and on the second Tuesday of October annually for the two 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 lie 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 : The 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— 1 776 3087 three years and no longer, at the time and place for electing repre- sentatives in general assembh\ 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. Any per- son having served as a counsellor for three successive years, shall be incapable of holding that office for four years afterwards. Ever}' 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 council shall meet annually, at the same time and place with 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 laws 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 pardons, 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- bl^j ; but there shall be no remission or mitigation of punishments on impeachments, except bv 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 Xthich 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 aj^prove 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, with 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 b}^ 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 partialitj^ 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 justice shall be impartially administered without corruption or unnecessary delay: All their officers shall be paid an adequate but moderate comiDensation for their services: And if any officer shall Pennsylvania — 1 776 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, "Agaimt tlie peace and dignity of the savrte.''^ The style of all process hereafter in this state shall be, The eommonicealth of Pennsylrania. 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 fde^ 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 foV 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 Avard, 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 commouAvealth, 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. Xo 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, Avhether 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 directl}^ or indirectly give, promise, or bestow any such rewards to be elected, shall be thereby rendered incapable to serve for the ensuing 3- ear. 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 — 1776 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 j^rinting 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 affairs, 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 appl}^ 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 jjunishments 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 ; Avherein 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, executiv?* or military, in authority mider 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 afftrmj) that I will he true and faithful to the common-wealth of .Pennsylvania: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the C07isti- 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 cdl 7nen, to the hest of my judgment and ahilities, according to law. Sect. 41. No public tax, custom or contribution shall be im}30sed 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 wliich an}^ 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 w^ho 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\)r other real estate; and after one year's residence, shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this state, 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 all 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 dulv 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 commonAvealth may be preserved inviolate forever, there shall be chosen by ballot by the freemen in each city and county respectively, on the second Tuesday in October, in the j^ear 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 Xovember 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 b}' 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— 1790 pass public censures, to order impeachments, and to recommend to the legishiture 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 a^ded or abolished, shall be promulgated at least six montiis 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, 177G, and signed by their order. Benj. Franklin, Prest. 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 house 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. ?). 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 city or county in which he shall be chosen ; unless he shall have been absent on the public business of the United States, or of this State. No person, residing within smy * " Minutes of the Grand Committee of the whole convention of the Common- wealtli 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 IMarket Street and Arch Street." 101 pp. " Minutes of the Second session of the Convention of the Connnonwealth of I*ennsylvania, 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. 0 This constitution was framed by a convention which assembled at Phila- delphia. November 24, 1780, completed its labors February 26. 1790, and 4heu adjoiu'ned that the people might examine their work. The conveuticai reas- sembled August 1), 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 representatiA^es 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 inhabitants in each; and shall never be less than sixty, nor greater than one hun- dred. Each county shall have, at least, one rei^resentative ; 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 thev shall A^ote for 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 numljer 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, each district containing such a number of taxable in- habitants as shall be entitled to elect not more than four senators. When a district shall be composed of two or more counties, they shall be adjoining. Neither the cit}^ of Philadelphia nor any county shall be divided in forming a district. Sec. 8. Xo 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 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 p/-o 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 connnittee, to be selected, 3094 Pennsylvania — 1790 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 concjir- 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 dQ.sire 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 imless when the business shall be such as oughf*to be kept secret. Sec. 16. Xeither 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 tAvo houses shall be sitting. Sec. 17. 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 conunonwealth. 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, tire 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 nuide by law. Sec. 22. Ever}^ 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 — 1790 3095 of each house respectivelv. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have beeii 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 Iw 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 the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of ever}^ 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 twelve years. Sec. 4. He shall be. at least, 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. Xo member of Congress, or person holding any office under the United States, or this State, shall exercise the office of governor. Sec. G. 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 Iiave 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 anj^ person holding or exercising any office of trust or profit under the United States, sliall, 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 wtth 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 jjerform such other duties as shall be enjoined him by law. Article 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 rira voce. Sec. 3. Electors shall, in all cases except treason, felony, and breach or surety of the peace, be privileged from arrest duriug their attend- ance on elections, and in going to and returning from them. Pennsylvania — 1790 3097 Artht.e IV Section 1. The house of representatives shall have the sole power of impeaching. Sec. -2. All impeachments shall be tried l)y the senate. Allien sit- ting for that purpose, the senators shall be upon oath or affirmation. 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- wealth, 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- peachment, 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, 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. 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 counties. Sec. -i. 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, Avho, during his continuance in office, shall reside therein. The president and judges, any two of Avhom 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 of 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 count}^ when the judges of the supreme court, or any of them. 3098 Pennsylvania — 1790 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 compote)^ mentis. And the legislature shall vest in the said c(5urts 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 caunty, an}^ two of whom shall be a quorum, shall compose the court of (}uar- ter sessions of the peace and orphans" court thereof; and the register of wills, together with the said judges, or any tvro 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 jnclges 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. 0. The president of the courts in each circuit within 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 (o 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 i-emoved on conviction of misbehavior in office, or of any infamous crime, or on the address of 1)oth 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 — J 7 90 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 pav 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, disi^ense 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 a])pointed 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 grati*;. Sec. 2. The arts and sciences shall be promoted in one or more seminaries of learning. Sec. ?i. The rights, jjrivileges. imnninities, and estates of religious societies and corporate bodies shall remain as if the constitution of this State had not l)een altered or amended. Artkee y\u 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 wath 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 Avorship. 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 acknoAvledges the being of a (x«d and a future state of rewards and jHuiishments, 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 where the matter published, is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases. 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 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, Avhen 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 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 ofi'ences, when the ])roof is evident or presum])tion great ; and the privilege of the Avrit 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-delivery 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 e.c post facto law. nor any hnv iuipairing 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 23roper 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, l)e 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. 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, Ave declare, that everything in this article is excepted out of the general powers of government, and shall forever remain inviolate. 3102 Pennsylvania — 1790 Schedule That no inconvenience maj 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 ne\£ 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 their own limitations, or the said offices become vacant by death or resig- nation, and no longer, unless reappointed and commissioned by the governor; except tliat 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 follows, 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 Dauj^hin shall be a district, and shall elect two senators; the counties of Cumberland and JNIifflin 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 counties of Westmoreland and Allegheny shall be a district, and shall elect one senator; and the counties of Washing- Pennsylvania — 1 790 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 of the election of representatives. In those districts Avhich 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 ancl 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 toAvnship, 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 toAvn of Sunbury; the judges of the district composed of the counties of Bedford and P'ranklin 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 AVestmoreland 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 Mifflix, President. Joseph Red .max, Seo'etary. J. Shalll's, Assistant Secretary. 3 1 04 Penrisylvania — 1 83S CONSTITUTION OF PENNSYLVANIA— 1838 * ' We, the people of the commonweakh of Pennsylvania, ordain and establish this constitution for its government. Article I OF THE LEGISLATURE Section I.'' The legislative power of this commonwealth shfdl 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^iti- zens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October. ^ Sec. 3. Xo person shall be a representative who shall not have attained the age of tAventy-one years, and have been a citizen aj;id 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 within 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 Avithin it to entitle them to one representative, agreeably to the ratio of which shall then be established. Sec. S.'' The senators shall be chosen for three years by the citi- zens of Philadelphia and of the several counties, at tlie 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, * Veiified by Vol. 14 of " Proceedinss and Debates " : see below. " .Toiirnal of tbe Convention of the State of Pennsylvania to propose amend nients to tbe Constitution, Commenced and Held at the State Capitol, in Har- rishurs. on tbe second day of May, 1887. Harrisburg : Printed by Thompson & Clark, 1837. pi). 8o2. " Proceedinjis and Debates of the Convention of the Commonwealth of Pennsylvania, to propose amendments to the Constitution, Commenced and held at Harrislturs. on the second day of May. 1837. Reported by .John Agg ; stenographer to the Convention ; Assisted by Messrs. Kingman. Drake and ]McKiiiley. Printed liy Packer. P>arrctt and Parke; Keystone Office, Harris- burg; 1837, 14 vols. « This constitution was framed by a convention which assembled at Harris- burgh May 2, 18.".7, adjourned in .July until October, a.nd adjourned in December to Philadelphia, where it completed its labors February 22, 1838. It was a'ati- fied by the peoi)le by a vote of 113,971 votes against 112,759 votes, 'i See amendments. Pennsylvania — 1838 3 1 05 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. 8ec. 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; Avhen a district shall be composed of two or more counties, they shall be adjoining; neither the city of Philadeliohia nor any county shall be divided in forming a district. Sec. 8. Xo 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 oh 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 j^ear; of the second class -at the expiration of the second j^ear; 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 jjro 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 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 ma}^ 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, Avith the coiicur- 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. 1-i. The legislature shall not have power to enact laws annul- ling the contract of marriage in any case where, b}^ law, the courts of this commouAvealth 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 amendmeut. 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. 17. Neither house shall, without the consent of the other, ad- journ for more than three days, nor to any other place than thaf in which the two houses shall be sitting. Sec. 18. The senators and representatives shall receive a con^pen- sation for their services to be ascertained by law, and paid out of the treasur}^ of the commonwealth. They shall in all cases, except trea- son, felony, and breach of surety of the peace, be privileged fyom 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 m any other i^lace. 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. ^Alien 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 mav propose amendments, as in other bills. Sec. 22. No money shall be drawn from the treasury but in conse- quence of aiDpropriations made bj^ 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 tli« 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 being disapproved, shall be repassed by two-thirds of l)()th houses, according to the rules and limitations prescribed in case of a bill. Pennsylvania — 1 838 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 tlie 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 poAver of this commonwealth shall be vested in a governor. Sec. '1. The governor shall be chosen on the second Tuesday of October, l)v the citizens of the conmiouAvealth. 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, wdio shall open and publish them in the presence of the members of both houses of the legislature. The ])erson having the highest number of votes shall be goveiMior; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint A'ote 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 3. 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 inhal)itant of this State seven years next before his election; unless he shall have been absent on the pul)lic 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 G. The governor shall, at stated times, receive for his services a compensation, Avhich shall be neither increased nor diminished during 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, excej^t Avhen thev 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: Prosified, 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. 0 See aineuilmeuts. 7254— VOL n— 09 37 3108 Pennsylvania — 1838 Sec. 9. He shall have poAver 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 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 innnediately preceding such next annual election, in Avhich 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 determiiuition 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 or 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 ofi'ers 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 vState six months: Prorided, That wdiite 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 vwa voce. Pennsylvania — 1838 3 1 09 Sec. 3. Electors shall in all cases, except treason, felonj^, 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 Sectiox 1. The house of reijresentatives 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. ^. 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 commonwealth : the party, whether con- victed or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law. Article V or 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 connnissioned 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 severah courts of common jjleas, 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 common 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 an}^ of them on the address of tAvo-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 •^ See amendments. 3110 Pennsylvania— 1838 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 i)arty ac- cused, as well as the commonAvealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the supreme court. Sec. C). 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 grant relief in equity as shall be found necessary; and nvdj, 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 tw^o 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 certioran 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 count}'. One person shall be chosen for each office, who shall be commissioned by the governor. They shall hold their offices for three 3'ears, if they shall so long behave themselves well, and until a successor be dul}^ qualified; but no person shall be tAvice 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 l)ehave 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 jierson. 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 6. 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 tex'm 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 — 1 838 Sec. 8. All oiRcers whose election or appomtment 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 comity shall have been so long; erected ; but if it shall not have been so lon^ erectedj tjien 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 apjwinted by the governor to any office dur- ing the term for which he shall have been elected. ^ Sec. 9. All officers for a term of years shall hold their offices :^or 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 be deprived of the right of holding any office of lionor 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 iir 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 aii}^ 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 OF OFFICE Members of the general assembly, and officers executive and judicial, shall be bound by oath or affirmation to support the constitution .of this commonwealth, and to perform the duties of their respective offices with fidelit3\ Pennsylvania — 1 838 3113 Article IX DECLARATION OF RIGHTS That the general, great, and essential principles of liberty and free government ma}' 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 and 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 whatever, 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 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 the elections shall be free and equal. Sec. C). That trial by jury shall l)e 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 pulilished 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 ])lace, 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 — / 838 liavo compnlsory process for ohtaiiiini:' witnesses in liis favor, and. in prosecutions by indictment or information, a speedy trial by an iin- partial jury of the vicinage; that he cannot be compeUed to give evi- dence against himself, nor can he l)e deprived of his life, lii)erty, or property, unless by the judgment of his peers or tlie law of the land. Sec. 10. That lio person shall, for any indictable offence, be i)ro- ceeded against ci-iminaily by information: except in cases ari?iiug 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 jjerson shall for the same oti'ence 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 havejjemedy by the due course of law, and right and justit-e administered without sale, denial, or delay. Suits may be brought against thf comm,on- 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. 18. That excessive bail shall not be ivquired, nor excessive fines imposed, nor cruel punishments inflicted. Sec. 14. That all ju'isoners shall be bailable by sufficient suivties, nnless for capital otfences, when the proof is evident or presumption great; and the privilege of the writ of luthcdx corpihs shall not be suspended, unless when, in cases of rebellion or invasion, the i)ublic safety may require it. Sec. 15. That no commission of oyer and tei'miner or* jail-delivery shall be issued. Sec. 10. That the person of a debtor, where tlieiv is not strong presumption of fraud shall not be continued in prison after deliver- ing \\\) his estate for the benefit of his creditors in such manner as shall be prescribed by law. Sec. 17. That no e.r, post facto law. noi- any law impairing con- tracts, shall be made. Sec. 18. That no person shall l)e attainted of treason Or felony by the legislature. Sec. 19. That no attainder shall work corruption of blood, nor, excejjt during the life of the ofl'ender, forfeiture of estate to the com- monwealth; that the estates of such })ers<)ns as shall destroy their oAvn lives shall descend or vest as in case of natnral 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 connnon 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, iix all cases and at all times, be in strict subordination to the civil power. Pennsylvania — 1838 3115 Sec. 23. That no soldier shall, in lime 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 ^:he 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 bi' pro- posed in the senate or house of rei)resentatives, and if the sanje shall be agreed to by a nuijority of the members elected to each house, such proposed amendment or amendments shall be entei'ed on their jour- nals, with the yeas and nays taken thereon, and the secretary of the conunonwealth shall cause the same to be published three months before the* next election, in at least one newsi)aper in every county in which a newspaper shall be published; and if in the legislature next afterward chosen such i)ro])oscd 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 numner aforesaid, and such jn-oposed 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 (juali- hed 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 j)eo|)le oftener than once in five years: Proridcd. That if more than one amendment be submitted, they shall be sul)mitted in such manner and form that the peoi)le may vote for or against each amendment separately and distinctly. SciIEDI'LE 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 ojDeration, 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 thirtv-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 . Trial by jury shall be, as heretofore, and the right thereof remain inviolate. Sec. 7. 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. Xo conviction shall be had in any prosecution for * The Constitution of the Commonwealth of Pennsylvania. Adopted by the Constitutional Convention November .3. 1873 ; ratified and adopted by the people at a special election held December 16, 1873 ; went into effect .Januai-y 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 i)ublication was not maliciously 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 j^eople shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no war- rant to search any ])lace or to seize any person or things shall' issue Avithout 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 Ho be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to ^ice, 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. Xo 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 l)eing first made or secured. Sec. 11. All courts shall be open; and every man for an injur}^ 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 in 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. Excessive bail shall not be required, nor excessive fines imposed, nor cruel p'unishments 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. 16. 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 of contracts, or making irrevocable any grant of special -privi- leges or immunities, shall be passed. Pennsylvania — 1873 3123 Sec. 18. Xo 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 oifender, 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. ^Ieml)ers 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. AAlienever 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 tAvo 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 Ignited States Senator from this Commonwealth, in a recess between sessions, the Governor shall con- vene the two Houses, l^y 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— 1873 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. G. 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 pecson, 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. T. 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 tru^t or profit in this Conniionwealth. Sec. 8. The members of the General Assembly shall recei^ such salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise. No member of either House shall during the term for which he may have been elected, receive any in- crease of salary, or mileage, under any law passed during such term. Sec. 0. 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 an}'- 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 jiresence, 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 3125 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 poj^ulation exceeding three-fifths of a ratio, but no county shall form a separate district unless it shall contain four- fifths of a ratio, excejDt 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 (me-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 l)v dividing the whole population of the State by the number fifty. Sec. 17. The members of the House of Kepresentatives shall be apportioned among the several counties, on a ratio obtained by divid- ing the pojxdation 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. P]very 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 sepai'-ately its proportion of the represent a ti\es 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 i)assed 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. Xo 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 diiferent 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 ele<»ted thereto, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of connnittees of conference shall be adopted in eitlier 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^e 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: Regulating 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 : Relating 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 oj^ening 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 public 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 paicl 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 gTant 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 immediatel}^ 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 or 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 emolimients, after his election or appointment. Sec. 14. All bills for raising revenue shall originate in the House of Representatives, 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 apj^ropriation shall be made to any charitable cff 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 connnunity, nor to any denominational or sectarian institution, corporation or association. Sec. 19. The General Assembly may make appropriations of money to institutions Avherein 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, guartlians 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 leo^islation 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 Avay influenced thereby, or who shall solicit or de- mand any such monay 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 Asse^ibly 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 tlie Com- monwealth, Attorney General, Auditor (leneral, 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 Avhere 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 electionsshall 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 thfe 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 sliall 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, b}' 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 Pul>lic Instruction, in a judicial office, or in any other elective office which he is or may be authorized to fill: if the vacancy shall hajipen 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 am^ 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 an}" 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 Houses, 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 qualif;\% resignation, or other disability of the Governor, the pow- ers, dtities and emoluments of the office, for the remainder of the term, or until the disability be removed, shall devolve ttpon 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 Eepresentatives, or shall be unable to exercise the cluties of his office, the powers, duties and emoluments thereof for the remainder 3132 Pennsylvania— 1873 of the term, or until the disabilit_y 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 (jovernor 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, gfnd 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 Avhich 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-con§idered, 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 voicl, unless re-passed according to the rules and limitations pre- scribed for the passage of other bills over the Executive veto. Sec. 17. 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 law 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 3^ears; and of the State Treas- urer two years. These officers shall be chosen by the qualified electors of the State at general elections. Xo 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 j)eace, 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 ex]5irc 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 w^rit 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. AMienever 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 containing 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— J 873 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. G. 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 iirAllc- 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 conunon pleas number one, number two, number three and number four, and in Allegheny as the court of common pleas number one and numb^^r 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 counf^' 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, which 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 prothonotary for all said courts to be appointed by the judges of said courts, and ito hold office for three years, subject to removal by a majority of the said judges; the said prothonotary shall appoint such assistants a^s 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 by law clue 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 laAv 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- l)les by the qualified electors thereof, in such manner as shall be di- rected b}^ law, and shall be commissioned by the Governor for a term of five years. Xo 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. Sec. 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 by 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 paid 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. vSec. 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 3136 Pennsylvania— 1873 the result to the Governor, who shall issue their commissions in ac- cordance therewith. Sec. 18. The judges of the kSupreme Court and the judges of the several courts of conniion pleas, and all other judges required to be learned in the law, shall at stated times receive for their services an adequate compensation, wdiich shall be fixed by law% and i)aid By the State. They shall receive no other compensation, fees or perquisites of office for their services from any source, nor hold any otliar office of profit under the United States, this State or any other State. Seg. 19. The judges of the Supreme Court, during their contin- uance in office, shall reside within this Commonwealth; and thy 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 th? 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 connnon 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 A'ested 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 sha41 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 w^itli the consent and approval of said court. All accounts filed w'ith him as register or as clerk of the said separate orphans' court shall be audited by the court without expense to parties, except wdiere 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 hej'eby 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 j)roceedings to the Supreme Court for review. Pennsylva7iia—1873 3137 Sec. 25. Any vacancy haj)pening 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, Avhich 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 powers of all'courts of the same class or grade, so far as regulated by law, and the force and eifect 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, bj^ 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 sole power of imiDcachment. Sec. 2. All impeachments shall be tried by the Senate; wdien 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, Avhether 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 ]iower by which they shall have been appointed. All officers elected hy 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 dg 3138 Pennsylvania— J 873 solemnl.y swear (or affirm) that I will support, obey 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 a]:>pointmentJj_ ex- cept for necessary and proper expenses expressly authorized by law; that I have not knowingly violatroperty 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 injus- 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 bankhi An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes Be it enacted Inj the Senate and House of Rejjresentatives of the United States of Anieiica 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 twenty-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 T5f the Hevised 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 Th e Philippine Islands — 1 902 3167 hereby approved: Prorlded^ That nothing contained in this section shall be held to amend or repeal an Act entitled '' An Act temporarily to provide revenne 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 with 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. -1. That all inhabitants of the Philippine Islands continuing to reside therein who w^ere 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 allegianee 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 witnesses 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 offense shall be twice put in jeopardy of punishment, nor shall be compelled 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 governor, with the approval of the Philippine Commission, wdierever 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 United 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— 190^ That neither shivery, nor invoknitary 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 j^articularly 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 treasury 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 taken 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 wise. Sec. T. That two years after the completion and publication of the census, in case such condition of general and complete 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 Commission 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 poAver heretofore conferred on the Philii:)pine 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- pine 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: ProrldetU That no province shall have less than one member: And provided fio'ther, 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 clays 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 follow ing their election, and their successors shall be chosen by the people every second year thereafter. Xo person shall be eligible to such election who is not a qualified elector of the election district in wdiich he may be chosen, owing allegiance to the United States, and twenty-five years of age. The legislature shall hold annual sessions, commencing on the first Monday of February 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 prodded 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 clay 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 I)iennially thereafter, there shall be chosen bv 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 doHars per annum, and two thousand doHars additional to cover all expenses: ProruJed^ That no person shall be eliiiible to such election Avho 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 ])rovided 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 exercfse juris- diction as heretofore provided by the Philij^pine Commission, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justice^ of the supreme court shall hereafter be appointed by the President, by and Avith the advice and consent of the Senate, and shall receiv&4he com- pensation heretofore prescribed by the Commission until otherwise ])rovided 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 revicAv, revise, reverse, modify, or affirm the final judg- ments and decrees of the supreme court of the Philip]^ine 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 ])ossession 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 wit- nesses, is invoh'ed 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 Ignited 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 fai' 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 inlands 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 reshippecl to another country without the pay- ment of customs duties or charges. Sec. 12. That all the ]:>roperty 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 be 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 unless 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 Ignited States, had fulfilled all or some of the 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 been 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, b}'^ 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 partial payments, shall be conditioned upon actual and continued occupancy, improvement, and cultivation of the premises sold for a ]ieriod of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto : 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. 16. That in granting or selling any part of the public domain under the provisions of the last preceding section, preference in all cases 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 ])rior 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 timler the provisions of this xVct shall not be cut, destroyed, removed, or appropriated excei:)t 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 aricl be subject only to appropriation for insular purposes according to law. Sec. 18. That the forest laws and regulations now in force^n the Philippine Islands, Avith 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 irnxy 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 suchj-eservations of public lands for the protection of the water supply, umd 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- Avise 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 tlie land in whicli they are found to occupation and purchase, by citizens of the United States, or of said Islands: Pro/ridrd, That when on any lands in said islands entered and occupied as agricul- tural lands under the provisions of this Act, but not patented, rnin- The Philippine Islands — 1902 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 Avhich 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, irresj^ective 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 shall 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 descril^ed 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. Tliat when a claim has been located the holder shall im- mediately mark the line between jwsts 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:" Prorided, That when the claim is surveyed the surveyor shall be guided l)y 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 Phiiippine Islands — 1902 EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS 500' No. 2 post. — o — Discovery post. O O No. 1 post. No. 2 post. 25iy~0 No. 2 po.st. C 3 Discovery post. 600' No. 1 post. o — 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. \A^ien 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 survey 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 wdthin 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 oAvners 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 Avithout the application being accompanied by an affidavit made by 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 (he location of the claim. The words written on the number one and number two j:)osts shall be set out in full, and as accurate a description as ])ossible 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 linown 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 solenni 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 gi'ound applied for is unoccu- 2)ied 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: Py'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 actuall}' 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. oO. 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 same witli the provincial secretary or such other officer as by the gov- ernment of the Philippine Islands may 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 any 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 with 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 hlands^l902 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 am.onnt of w^ork 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 openi 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 Avriting, 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 Ins interest in the claim shall become the property of his coowners who have made the required expenditures. The period within which the Avork 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, Avho 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 with a plat and field notes of the claim or claims in common, made by or under the direction of the chief of the Phili]:)pine insular bureau of public lands, shoAving accurately the boundaries of the claim, Avhich shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together Avith 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 tAvo persons that such notice has been duly posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a patent for the land, in the manner following: The jirovinciai 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 snch 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 anytime 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 hiuiself 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 ji.otice 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 pa^nnent 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 i)roceedings, 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— 1902 rendered the party entitled to the possession of the ohiim, or any por- tion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary 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 provbitcial 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 proceecfmgs 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 Islafids. and a patent shall issue thereon for tlie claim, or such portion thereof as the applicant shall appear, from the decision of the court, i^htly 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 thercAvith; but where a patent shall be isisued for claims upon unsurveyed lands the chief of the Philip]iine 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 Avith 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 chieflj^ valuable for The Philippine Islands— 1902 3179 building stone under the provisions of this Act rehitive to phicer mineral chiims. Sec. 42. That any person authorized to enter hinds under this Act may enter and obtain patent to hinds containing petroleum or other 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 an}' 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. 4.5. That Avhere 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 Act ; 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 reveune, as the case may be. 3180 The Philippine Islands~lD02 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 reqnired to be made nnder this Act may be verified before any officer authorized to administer oaths within the province or military department Avhere 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 eft'ect as if taken before the proper prolan - 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 testirfiony 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 j^rovincial 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 newspapers 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 where 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, jind sanitation of mines, and rules concerning easements, drainager_water rights, right of way, right of Oovernment survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this Act, and those conditions shall be fully ex- pressed in the patent. The Philippine Commission or its successors are hereby further empowered to fix the bonds of deputy mineral surveyors. Sec. 50. That whenever by priority'' of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes liaA^e vested and accrued and the same are recognized and acknowl- eged by the local customs, laws, and the decisions of courts, the pos- sessors and owners 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 purj^oses herein specified is acknowledged and con- firmed, but whenever 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 — J 90^ 3181 Sec. 61. 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 Avater rights as may have been acquired under or recognized by the preceding section. Sec. 52. That the (Tovernmont 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 approju-iated or reserved by competent author- ity, not exceeding sixty-four hectares to such individual i^erson, or one hundred and twenty-eight hectares to such association, upon pa}^- ment to the provincial treasurer or the collector of internal revenue, as the case may be, of not less than twenty-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 tlie 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 oj^ened and improved. Sec. 55. That all claims under the preceding section must be pre- sented to the proper provincial secretary within 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 throe 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. 56. 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 ^vithin one year from the time prescribed for filing their respective claims; and upon failure to file the pi'oper 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 api)ear to the secretary of any province or the commander of any military department in the Philippine Islands that any lands witliin 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 Philijipine 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 oifered 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 ma}^ be prescribed by said Government and sold to the highest 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 i^rintecl 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 lslands~1902 3183 111 the laws under which they were granted : Provided^T^hsit 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 })roniulgated in the Philippine Islands, and that any concessions the boundaries of wdiich are not so marked within this period shall be free and open to ex- ])loration 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 G0VERN:\1ENT TO PURCHASE LANDS OF RELIGIOUS ORDERS AND OTHERS AND ISSUE BONDS FOR PUR- CHASE PRICE Sec. 63. That the government of the Philippine 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 sixt}'- tliree may also l)e exercised in resjject of any lands, easements, ap- ])urtenances, 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 A'alue 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 uiidtiple 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 ITnited States of the present standard value or the equivalent in value 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 Government 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 Philipjiine 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 t>f 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: Prorided, That all deferred payments'- aiid the interest thereon shall be payable in the money prescribed for the payment of principal and interest of the bonds authorized tQ 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 mattirity. Actual settlers and occupants at the time said lands are acquired by the government shall have the preference over all others to lease, l)urchase, or acquire their holdings within such reasonable time as may be determined by said government. MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS Sec. 6G. 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) I'egistered 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 anninn : Promded, 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. G7. 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 Philip]:)ine Islands, or any local authority therein, or the Government of the United States. Sec. 08. That all moneys whicli may be realized or received from the issue and sale of said bonds shall be utilized under authorization The Philippine Islands— 1902 3185 of the government of the Philippine Ishmds 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 Avith the terms of issue: ProridecL That if said bonds or any portion thereof shall be paid out of the funds of the govern- ment of said islands, such mimicipality shall reiml)urse 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- palit3^ Sec. 70. That for the purpose of providmg funds to construct sewers in the city of Manila and to furnish it wdth an adequate sewer and drainage system and supply of water tlie 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 boiTow money, and to issue and sell (at not less than par value in gold coin of the United States), upon such terms :ind 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-. ])ine 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 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 authority (herein, 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: Pro ruled, 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— 1902 FRANCHISES Sec. 74. That the government of the Philippine IsL^nds 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 Avorks to be constructed and maintained over and across the public property of the United States, including streets, highways, -sf^uares, and reservations, and over similar property of the government of said Islands, and may adopt rules and regulations under 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 laud 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 ]:)ercentage 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 graiit, 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, fi'anchises, 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 ])urpose except irrigation. to be in any wise interested in any other corporation engaged in agricul- The Philippiiie Islands— 1902 3187 tare 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 Aveight 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-eight 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 the 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 by 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 Pliilipiiine 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 of 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 tro3% 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 clMrge 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, arrd 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 laAvs 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 INIarch 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 iji 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- ])ly 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 of September, nineteen hundred and one, and approved by an The Philippine Islands— J 902 3189 Act entitled '*An Act teiiiporarily to provide revenues for the Philip- pine Islands, and for other purposes.'' approved jNlarch 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 daj^s. 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 nuiy 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- ing 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 government of the Philippine Islands shall be rej^orted 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 Insular 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 especially well qualified, to act under the authority of the Secretary of AVar as the chief of said Bureau ; and said officer Avhile 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 UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 926 023 3 %\s.. 'M% r