be granted, and of the people that do, or at any time hereafter, Thomas Olney, John Smith, John Greene, John Cogeshell, James shall inhabit or be within the same; so as such laws, ordinances, Barker, William Field, and Joseph Clark, who are herein before and constitutions, so made, be not contrary and repugnant unto,nominated and appointed the present assistants of the company, But, (as near as may be agreeable to the laws of this our realm of shall give the said engagement to their offices and places respect England, considering the nature and constitution of the place fively belonging, before the said Benedict Arnold and William Brenand people there; and also to appoint, ordier, and direct, ereet.ton, or one of them to who respectively we do hereby give full and such places and courts of jurisdiction, for hearing and deter-power, and authority to require, administer, or receive the same: mining of all actions, cases, matters, and things happening within and further our will and pleasure is, that all and every other fu the said colony and plantations, which shall be in dispute, and ture governor, or deputy-governor, to be elected and chosen by depending therein, as they shall think fit; and also to distinguish these presents, shall give the said engagement before one 2 more and set forth the several names and titles, duties, powers and li-of the said assistants of the said company, for the tian being, unto mits, of each court, office, and officer, superior and inferior; and whom we do by these presents give full power and authority to also, to contrive and appoint such forms of oaths and attestations, require administer or receive the same: and the said assistants, not repugnant, but (as near as may be) agreeable, us aforesaid, to and every of them, and all and every other officer or officers, to be the laws and statutes of this our realm, as are convenient and re-bercafter elected and chosen by virtue of these presents, from quisite with respect to the due administration of justice, and due time to time, shall give the like engagements to their offices and execution and discharge of all offices and places of trust, by the places respectively belonging, before the governor, or deputy-gopersous that shall be therein concerned; and also to regulate and vernor, for the time being; unto which said governor, or dep tj-goarder the way and manner of all elections to offices and places of vernor we do by these presents give full power and authority, t trust, and to prescribe, limit and distinguish the number and require, administer, or receive the same accordingly. bounds of all places, towns, and cities, within the limits and And we do likewise, for us, our heirs, and successors, give and bounds hereinafter mentioned, and not herein particularly named, grant unto the said governor and company, and their successors, that they have, or shall have the power of electing and sending of by these presents, that for the more peaceably and orderly govern freemen to the said general assembly; and also to order, direct,ment of the said plantations, it shall and may be lawful for the and authorise the imposing of lawful and reasonable fines, mulets, governor, deputy-governor, assistants and all other officers and miimprisonment, and executing other punishments, pecuniary and nisters of the said company in the administration of justice, and corporal, upon offenders and delinquents, according to the course exercise of government, and the said plantations, to use, exercise, of other corporations, within this our kingdom of England; and and put in execution such methods, orders, rules, and direeagain to alter revoke, annul, or pardon, under their common scal, tions, (not being contrary and repugnant to the laws and statutes of or otherwise, such fines, mulets, imprisonments, sentences, judg-this our realm) as have been heretofore given, used and accustomments, and condemnations, as shall be thought fit; and to direct, ed in such cases respectively, to be put in practice, until at the next, ride, order, and dispose of all other matters and things, and particu- or some other general assembly, especial provision shall be made ly that which relates to the making of purchases of the native in the cases aforesaid. Indians, as to them shall seem nieet, whereby our said people, and And we do further, for us, our heirs and successors, give and inhabitants in the said plantations, may be so religiously, peacea- grant to the said governor and company and their successors, be Bly, and civily governed, as that by their good life, and orderly con- these presents, that it shall and may be lawful to and for the sid versation, they may win and invite the native Indians of the coun- governor, or in his absence, the deputy-governor, and major part try, to the knowledge and obedience of the only true God and of the said assistants for the time being, at any time when the said Saviour of mankind; willing, commanding, and by these presents, general assembly is not setting, to nominate, appoint, and confor us, our heirs, and successors, ordaining, and appointing, that all stitute such and so many command rs, governors, and military of such laws, statutes, orders and ordinances, instructions, impositions, ficers as to them shall seem requisite, for the leading, conducting, and directions, as shall be made by the governor, deputy, assist-and training up the inhabitants of the said plantations in martial ants and freeten, or such number of thein as aforesaid, and pub-affairs, and for the defence and safeguard of the said plantations; ished in writing under their common seal, shall be carefully timt it shall and may be lawful to and for all and every such com and duly observed, hept, performed, and put in execution, mander, governor, and military officer, that shall be so as aforesaid, according to the true intent and meaning of the same. And these or by the governor, or in his absence the deputy-governor, and six our letters patent, or the duplicate exemplification thereof, shall be, of the assistants, and major-part of the freemen of said company, to all and every such offers, superior or interior, from time to present at any general assemblies, nominated, appointed, and con Gme for the putting of the same orders, laws, statutes, ordinances, stituted, according to the tenor of his and their respective conn. jestructions, and directions in due execution, against, us, our missions and directions, to assemble, exercise in arms, marshal, heirs successors, a sufficient warrant and discharge. array, and put in warlike posture, the inhabitants of said colony, And further, our will and pleasure is, and we do hereby, for us, for their especial di fence and safty; and to lead and conduct the qur heirs, and sucessors, establish and ordain, That yearly, once said inhabitants, and to encounter, repulse, and resist by force of in the year forever hereafter, namely, the aforesaid Wednesday in arms as well by sea as by land, to kill, slay, and destroy, by all fitMay, and at the town of Newport, or elsewhere it urgent occasion ting ways, enterprizes and means whatsoever, all and every such do require, the governor, deputy-governor, and assistants of the person or persons, as shall at any tine hereafter attempt or en said company, or such of them as the general assembly shall think terprise the destruction, invasion, detriment or annoyance of the ft, shall be in the said general court or assembly to be held troua) said inhabitants or plantations; and to use and exercise the law that day or fine, newly chosen for the year ensuing by the greater martial, in such cases only as occasion shall necessarily require; part of the said company for the time being, as shall be then and; and to take and surprize, by al ways and a ans whatsoever, alt Chere present. And if it shall happen, that the present governor, and every such persen an jiersona, with their ship or ships, armour, deputy-governor, and assistants, by these presents appointed, or ammunition, or other goods of such persons, as shall in hostile mauany such as shall hereafter be newly chosen into their respective ner invade, or attempt the def aging of the said plantation, or the ruoins, or any of them, or any other of the officers of the said: hurt of the said company and inhabitants; and upon just cause to company, shall die or be removed from his or their several offices invade and destroy the native Indians or other enemies of the said or places, before the said general day of election, (whom we do colony. hereby declare for a misdemeanor or default,to be removable by the governor, assistants and company, or such greater part of thein, in Nevertheless, our will and pleasure is, and we do hereby declare⋆ any of the said public courts to be assembled as aforesaid) that then, to the rest of our colonies in New-England, that it shall not be ad in every such case, it shail and may be lawful to and for the lawful for this our said colony of Rhode Island and Providence said governor, deputy-governor, asssistants and company aforesaid, Ptations, in America, in New-England, to invade the natives or such greater part of them to be ass bled as aforesaid, in any of inhabiting within the bounds and limits of the said colonies, with their assemblies, to proceed to a new election of one or more of their out the knowledge and consent of the said other eclonic company in the room or piace, rooms or places, of such officer or is hereby declared, that it shall not be lawful to ur for the rest of officers, so dying or removed, according to their directions. And the colonies to invade or molest the native Indians, or any other immediately upon and after such election or elections made of such inhabitants, inimbiting within the bounds or limits hereafter mengovernor, deputy-governor, assistant, or assistants, or any other toned, (they having subjected themselves unto us, and bring by us effect of the said company, ju maoner and form aforesaid, the an- taken into our special protection) without the hos ledge wal con thority, office, and power, before given to the former governor, desut of the governor and company of our colony of Rhode-Island puty-governor, and other officer sud officers so removed, in whose and Providence Plantations. And it stead and plee new shall be chosen, shall, as to him and then, Also our will and pleasure is, and we do hereby declare unto all and every of them respectively, cease and determine: Provided christian kings, princes and states, that if any person who shall always, and our will and pleisure is, that as well such as are by hereafter be of the said company or plantation, or any other, by these presents appointed to be the present governor, deputy-go-appointment of the said governor and company, for the time bei Vernor, and assistants of the said company, as those which shall shall at any time or times hereafter, rob or spoil, by sea or land, succeed them, and all other officers to be appointed and chosen as or do any laurt, or unlawful hostility, to any of the subjects of us, aforesaid, shall, before the undertaking the execution of the said our heirs and successors, or to any of the subjects of any prines or offices and places respectively, give their solemn engagement, by state, being then in league with us, our heirs and successors: spon oath or otherwise, for the due and faithful performance of their complaint of such injury done to any such prince or state, or their duties, in their several offices and places, before such person or subjects, we, our heirs and successors, will make open proclama persons, as are by these presents hereafter appointed to take and tion, within any part of our realm of England, fit for that purpose receive the same: that is to say, the said Benedict Arnold, who is that thepason or persaus committing any such robbery ur spoil, herein before nominated and appointed the present governor of call within the time limited by such proclamation, make full restithe said company, shall give the aforesaid cng, gument, before Wil-cation or satifaction of all such injuries done or committed, so as liam Brenten, or any two of the said assistants of the said compa-the said prince or others so complaining, may be fully satisfied and ny, unto whom we do by these presents give full power and authe-footented; and if the said person or pisos, who shall co amitany rity to require and receive the same; and the said Willa Bren- such robbery or spoil, shall not make satisfaction accordingly, within ton, who is hereby before nominated and appointed the present such tice so to be limited, that then we, our heirs and successors, deputy-governor of the said company, shall give the aforesaid en-will put such person or persons out of our allegiance and pratee gagement before the said Benedict Arnold, or any two of the as-tion: and that then it shall and may be lawful and free for all sistants of the said empery, unto whom we do by these presents, princes or others, to prosecute with hostility such offenders, and e full power and authority to require and receive the sa ne every of them, their and every of their procurers, aiders and abetarg and the said William Boghton, Joli Porter, Roger Wilhans, la commslors in that behalf matter or thing to the contrary o withstanding. Provided also, and our express will and pleasure is, and we do and company, and their successors forever upon trøst, for the use hy these presents, for us, our heirs and successors, ordain and ap-and benefit of themselves and their associates, free men of the said colony, their heirs and assigns; to be holden of us, our heirs and point, that these presents shall not in any manner hinder any c or loving subjects whatsoever, from using and exercising the trade successors, as of the manor of East-Gr. cawich, in our county of of fishing upon the cost of New-England in America; but dest Kent, in free and common soceage, and not in capite, nor hy they, and every or any of them, shall have full and free power and knight's service;-yielding and paying therefor to us, our heirs aud liberty to contine and use the trade of fishing upon the said successors, only the fifth part of all the ore of gold and silver, which, Coast, in muy of the seas thereunto adjoining, or any arais of the from time to time, and at all times hereafter, shall be there gotten, sea, or salt water rivers and creeks, where they have been accusto had or obtained, in lieu and satisfaction of all services, duties, lines, ed to fish; and to build and set upon the waste land, belonging to forfeitures, made or to be made, claims or demands whatsoever, to be to us, our heirs, or successors, therefore or theteabout rendered, the said colony and plantations, such wharves, stages and work houses as stail be necessary for the salting, drying, and keeping made or paid: any grant or clause in a late grant to the governor and company of Connecticut colony, in America, to the contrary of their fish, to be taken or gotten upon that coast. And further, for the encouragement of the inhabitants of our thereof in anywise notwithstanding; the aforesaid Pawestuck river said colony of Providence Plantations, to set upon the business of having been yielded after much debate for the fixed and cer taking whales, it shall be lawful for them or any of them, having tain bounds between these our said colonies, by the agents thereo struck a whale, dubertus, or other great fish, it or them to pursue who have also agreed, that the said Pawcatuck river, shall also be into that coast, or into any bay, river, cove, creek or shore, belong-call d, alias Naroganeett or Naraganset river, and to prevent fuing thereto, and it or them upon the said coast, or in the said bay, ture disputes that otherwise might arise thereby, forever hereafter river, cove, creck, or shore Helonging thereto, to kill and order for shall be construed deemed and taken to be the Karraganeett river, the best advantage, without anlestation, they making no willfuit in our late grant to Connecticut colony, mentioned as the easterly Waste or spoil; any thing in these presents contained, or any other bounds of that colony. And farther, our will and pleasure is, that in all matters of pub Audfurther also, we are guciously pleased, and do hereby delic controversies, which may fall out between our colony of Provi elare, that if any of the inhabitants of our said colony do set upon dence Plantations, to make them appeal ther in to us, utir heirs and the planting of Vineyards, (the soil and climate both seeming natte successors, for redress in such cases, within this our realm of Eug rally to concur to the proditetion of vines) or be industrious in the land; and that it shall be lawful to and for the inhabitants of the discovery of fishing banks, in or about the said colony, we will, from said colony of Providence plantations, without let or molestation, time to time, give and allow all due and fitting encouragement to pass and repass with freedom into and through the rest of the English colonies, apon their lawful and civil occasions, and to cóntherein, as to others in cases of a like nature. And further, of our 1ore ample grace, certain knowledge, and verse, and hold commerce and trade with such of the inhabitants mere motion, we have given and grante, and by these presents of our other English colonics, as shall be willing to admit them for us, our heirs and successors, digive and grant unto the said thereunto, they behaving themselves peaceably among them; any go-ernor and company of th English colony of Rhode Island and act, clause, or sentence, in any of the said colonies provided, or that Providence Plantations, in the Naraganset-bay, in New-England, shall be provided, to the contrary in any wise notwithstanding. And lastly, we do for us, our heirs and successors, crdain and in America, and to every inhabitant there, and to every person, and persons, trading thither, and to every such person or persons, grant, unto the said governor and company, and there successors. as are, or shall be free of the said colony, full power and authority, by these presents, that these our letters patents shall be firm, from time to time, aud at all times hereafter, to take, ship, trans-good, efectual, and available, in all things in the law, to all intents, port and carry away out of any of our realms and dominions, for constructions, and purposes whatsoever, according to our true in and towards the plantation and defence of the said colony, such and tent and meaning, herein before declared, and shall be construed, so many of our loving subjects and strangers,as shall or will, willingly reputed and adjudged, in ail cases most favorable on the behalf and accompany them in and to their said so ony and plantations, except for the best benefit and behoof of the said governor, company, and Per Ipsum Regem. such person or persons, as are or sitail be therein restrained by us, their successors, although express mention, &c. In witness, &c. our hair, and successors, or any law or statute of this realm; and Witness, &e. [The state of Rhode-Island and Providence Plantatious lias not also to ship and transport all and all manner of goods, chattels, merchandize, and other things whatsoever, that are, or snail be use assumed a form of government different from that contained ful or necessary for the said plantations, and defence thereof, and in the foregoing charter. For in that the king ceded to the gover usually transported, and not prohibited by any law or statute o nor and company, all powers, legislative, executive and judicial this our real; yielding and paying unto us, our heirs, and suc-reserving to himself, as an acknowledgment of his sovereignty, a cessors, such duties, customs and subsidies, as are or ought to be render of the fifth part of the gold and silver ore that should be found within the territory. The governor, chief magistrates, and paid or payable for the same. And further, our will and pleasure is, and we do, for us, our legislators are chosen by the freemen as usual, and all judicial and heirs and successors, ordain, declar, and grant,unto the said gover-executive officers are annually elected by the governor and compa ny, or upper and lower house of assembly. All processes, origi nor and company, and their sucessors, that all and every the subjects of us, our heirs aud successors, which are already planted and nai and judicial, formerly issued in the king's name, but they now settled within our said colony of Providence Plantations, or which issue in the name of the governor and company. The oaths of alshall hereafter go to inhabit within the said colony, and all and legiance and of office are made conformable to the principles of every of their children which have been born there, or which shali the revolution. The governor, in his legislative capacity, cannot happen hereafter to be born there, or on the sea going thither, or giv a negative to any act of the two houses; but,in common with returning from thence, shall have and enjoy all liberties and in the other magistrates, has one voice only. munities of free and natural subjects, within any of the dominions The state is divided into five counties, in each of which there is of us, our heirs and successors, to all intents, constructions and pura court of common pleas and general sessions of the peace, held poses whatsoever, as if they, and every of them were born within twice every year, for the trial of all causes not capital, that arise within their limits; from which an appeal lies to the superior the realm of England. And further, know ye, that we, of our more abundant grace, court of judicature, court of assize and general jail delivery, whose The constitution admits not of religious certain knowledge, and mere motion, have given, granted and con-jurisdiction extends over the whole state, and who also sit twice s year in each county. firmed, and by these presents for us, our heirs and successors, do give, grant, and confirm unto the said governor and company, and stablishments, any further than depends upon the voluntary their successors, all that part of our dominions, in New-England choice of individuals. All men professing a belief in one Supreme in America, containing the Nahantiek and Nashyganset alias Nara-Being are equally protected by the laws; and no particular sect ganset-bay, and countries and parts adjacent, bounded on the west can claim pre-eminence.] Connecticut. or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and so along the said river, as the greater or middle stream thereof stretches or lies up into the north country, northward unto the head thereof, and from thence by a straight line drawn due ACCOUNT OF THE CONSTITUTION OF CONNECTICUT. north, until it meet with the south line of the Massachusetts colony; and on the north or northerly, by the aforesaid south or southConnecticut is divided into six counties, and each county is dierly line of the Massachusetts colony or plantation, and extending] towards the east or eastwardly, three English miles, to the east and vided into & number of towns. Eich town has a right to send north-east of the most eastern and nortli-castern parts of the afore two representatives to the general court of assembly. The general said Narraganset-bay, as the said bay lieth or extendeth itself from court consists of two branches, called the upper and lower house. the ocean on the south or southwardly, unto the mouth of the river The upper house is composed of the governor, deputy governor, which runneth towards the town of Providence, and from thence, and twelve assistants or counsellors; and the lower house, of the realong the eastwardly side or bank of the said river, (higher called by presentatives of the several towns. This court has the sole power to the name of Seacunck) up to the falls called Patucket Falls, being make and repeal laws, grant levies, dispose of lands longing to the most westwardly line of Plymouth colony; and so from the said the state, to particular towns and persons: to erect and style judifalls, in a straight line due north, until it meet with the aforesaid cntories and officers, as they shall see necessary for the good go line of the Massachusetts colony, and bounded on the south by the vernment of the people; also to call to account, any court, magis ocean, and in particular the lands belonging to the town of Provi-trate, or other officer, for misdemeanor and mal-administration; dence, Patuxit, Warwicke, Misquammacock, alias Pawcatuck, and and for just cause may fine, displace or remove them, or deat the rest upon the main land, in the tract aforesaid, together with otherwise, as the nature of the case shall require; and deaf or actin Rhode Island, Block-island, and all the rest of the islands and banks any other matter, that concerns the good of the state, except the in Narraganset-bay, and bordering upon the coast of the tract afore election of governor, deputy governor, assistants, treasurer and said, (Fish r's island only excepted), together with all firm lands, secretary, which shall be done by the freemen, at the yearly court soils, grounds, havens, ports, rivers, waters, fishings, mines royal, of election, unless there be any vacancy, by reason of death or and all other mines, minerals, precious stones, quarries, woods, otherwise, after the election, which may be filled up by the gene This court has power also, for reasons satisfactory to wood-grounds, rocks, slates, and all and singular other commodities, ral court. jurisdictions, royalties, privileges, franchises, pre-eminences, and them, to grant suspension, release, and jail delivery upon reprieve, hereditaments whatsoever, within the said tract, bounds, lands, and in capital and criminal cases. The general court has two state islands aforesaid, to them or any of them belonging, or in any wise sessions annually, on the second Tuesday of May sud Qappertaining to have and to hold the same, unto the said governos 'tober. Constitution of New-York. In Convention of the Representatives of the State of KINGSTON, 20th April, 1777. WHEREAS, the many tyrannical and oppressive usurpations The governor, or in his absence the deputy governor, may call the assembly, on special emergencies, to meit at any other time. The governor, deputy governor, assistants, and secretary, are ans nually elected, on the second Thursday in May. The represen tatives are newly chosen for each stated session. The judges and justices are anally appointed by the general court; the same persons are comaíonly re-appointed from time to time, during their capacity to serve, unless guiltyol misbehavior. The sheriff's are appointed by the governor and council, without limitation of time; but may be superceded by the authority that appoints of the king and parliament of Great Britain, on the rights and them. The governor, for the time being, is captain-general of the liberties of the people of the American colonies, had reduced then militia; the deputy governor, lieutenant-general; the other genes to the necessity of introducing a government by congress and ral officers and the field-ofheers are appointed by the general committ vsas temporary expedients, and to exist no longer than court, and commissioned by the governor. The captains and sub- the grievances of the people should remain without redress. alterns are chosen by the vote of the company and householders And whereas, the congress of the colony of New-York, did, on living within the hits of the company; the persons so chosen thirty-first day of May, now last past, resolve as follows, viz. must be approved by the general court, and commissioned by the Whereas, the present government of this colony, by congress governor, before they have power to execute their office. All the and committees, was instituted while the fornir government, un military officers hold their office during the pleasure of the assem-der the crown of Great Britain, existed in full force; and was esta bly; nor can they resign their commissions, without leave of the blished for the sole purpose of opposing the usurpation of the captain general, under penalty of doing duty in the ranks, as British parliament, and was intended to expire on a reconciliation private soldi rs. The mode of eleting the governor, depu- wnh Great Britain, which it was then apprehended would soon ty governor, assistants, treasurer and secretary is, that the take place, but is now considered as remote and uncertain. frecen in the several towns, meet on the Monday next after the l “And wherens, many and great inconveniences attended the first Tursday in April, annually, (being the day appointed by law said mode of government by Congress and committees, as of ne for that purpose, and choosing representatives) and give in their cessity, in many instances, I gislative, judicial and executive pow Votes for the persons they choose for said offices respectively, with ers have been vested therein, especially since the dissolution of the their names written on a piece of paper, which votes are received former government, by the abdication of the late governor, and the and sealed up by a constable, in the fremen's me ting-the votes exclusion of this colony from the protection of the king of Great for each of said offices, in a different paper-writing on the out-Britain. side the name of the town and the office for which the votes are given in; w ich are sent by the representatives to the general coart, to be held on the second Thursday of May next'ensuing, at Whecas, his Britannic majesty, in conjunction with the lords which time, after the house of representatives have chosen a speake and commons of Great Britain, has, by a late act of parliament, er and clerk, a committee is chosen of members of both houses, to cacluded the inhabitants of these united colonies from the protec sort at: count the votes, and declare the names of the persons tion of his crown. And whereas, no answer whatever, to the hum e-use to said offices. Any freeman, qualified to vote for repre- ble petition of the colonies for redress of grievances and reconcili sentatives, may be cleet d to any of ce in the government. Ination with Great Britain, has been or is likely to be given, but the choosing assistants, twenty persons are nominated by the votes whole force of that kingdom, aided by foreign mercenaries, is to of the freemen, given in at their netting for choosing representa-be exerted for the destruction of the good people of these colonies. tives in September annually, and sealed up and sent to the gene And whereas, it appears absolutely irreconcil able to reasou and ral court m October then next : which are counted by a committee good conscience, for the people of these colonies, now to take the of both houses, and the twenty persons who have the greatest oaths and affirmations necessary for the support of any gavernnumber of votes, stand in nomination, out of which number twelvement under the crown of Great Britain; and it is necessary that are to be chosen assistants, by the freemen, the next April, in the exercise of every kind of authority under the said crown should manner afore described. be totally suppressed, and all the powers of government exerted unThe qualifications, requisite to entitle a person to vote in elec-der the authority of the people of the coloni's for the preservation of tions of the oil cers of government, are maturity in years, quiet internal peace, virtue and good order, as well as for the defence and peaceable behavior, a civil conversation, and forty shillings of our lives, liberties and properties, against the hostile invasions freehold, or forty pounds personal estate; if the selectmen of the and cruel depredations of our enemies. Therefore, town certify a person qualified in those respects, he is admitted a freeman, on his taking an oath of fidelity to the state. "And whereas, the continental congress did resolve as follow eth, to wit: • Resolve, That it be recommended to the respective assemblies and conventions of the united colonies, where no government suffi. cient to the exigencies of their affairs has been hitherto establishsentatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.' The names of all that are thus admitted, are enrolled in the town clerk's office, and continue freemen during lite, unless dis-ed, to adopt such government as shall, in the opinion of the repres franchised by a sentence of the superior court, ou conviction of a misle nanoi. The governor, or in his absence, the deputy governor, in the upper house-and the speaker, in the lower house of assembly, have a casting voies, when the members of the respective houses including the governor and speaker, are equally divided in opinion on any question. There is in this state a superior court, consisting of one chief judge and four other judges, who have authority in all criminal cases, extending to life, hah, and banishment, and to hear and determine all civil actions, brought by appeal from the county courts, or on writs of citor. This court also hath authority in all mat-, ters of divorce. There are two stated sessions of the superior court, in each county snnually. a "And whereas, doubts have arisen whether this congress are invested with sufficient power and authority to deliberate and des termine on so important à subject as the necessity of erecting and constituting a new form of government and internal police, to the exclusion of all foreign jurisdiction,dominion and control whatevers And whereas, it appertains of right sokly 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 eletion of the present congres, either to authorise (in addition to the power vested in this congress) their present There are also county courts held in the several counties, con-deputies, or others instead of their present deputies, or either of sisting of one judge and four justices of the quorum, who have them, to take into consideration the necessity and propriety of injurisdiction in all criminal cases, arising in their respective coun-stituting such new government as in and by the said resolution of fies, where the punishment does not extend to life, limb, or the continental congress is described and recommended: And if baarliment The county courts have also original jurisdic. the majority of the counties by their deputies in provincial cons tion, in all civil actions, wherein the demand exceeds forty gress, shall be of opinion that such new government ought to be shillings. The superior and county courts try matters of fact, by a jury according to the course of the common law. Justices of the peace have authority to hear and determine civil actions, where the amount does not exceed forty shillings. They also have authority, in some cases of a erininal nature, punishable by fine not exce sing forty shillings, or whipping not exceeding ten stripes, or sitting in the stocks. This state is also divided into a number of probate districts, less than couatics; in each of which is appointed a judge, for the probate of wills, granting administration on intestate estates, appointing guardians for minors, ordering distribution of intestate estates, &c. An appeal les, from any decree of this court, to the superior court. The superior, county, and probate courts, appoint their res pective clerks. The general court has, till very lately, been the only court of chancery in this state. But by a late law the county courts de termine matters of equity, from five pounds to two hundred pound value; the superior court from two hundred to eight hun dred pounds value; and the general assembly, all cases exceeding the last mentioned sum, instituted and established, then to institute and establish such a rights, liberties and happiness of the good people of this colony; government as they shall deem best calculated to secure the 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 a day, and at such place or places, as by the committee of each county respectively shall be determined. And it is recommended to the said committees, to fix such early days for the said elections, as that all the deputies to be elected have Monday in July next; on which day all the said deputies ought sufficient time to repair to the city of New-York, by the second punctually to give their attendance. 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 dif ferent counties in this colony, diligently to carry the same into execution." the said resolution, and reposing special trust and confidence in And whereas the good people of the said colony, in pursuance of the members of this convention, have appointed, authorized and empowered them for the purposes, and in the manner, and with the powers in and by the said resolve specified, declared and mentioned. All attornies at law are admitted and sworn by the county courts; And whereas, the delegates of the United American States, there is no attorney-general, but there used to be one king's attorin general congress convened, did on the fom th day of July now ney in each county; but since the king has abdicated the govern- Inst past, soleninly publish and declare, in the words following, gent, they are now attornies to the governor and company. i to wit: ! a fair experiment be made, which of those two methods of voting Here follows the declaration of American Indep ndence.] And whereas, this convention, taking this declaration into their is to be preferred: most serious consideration, did on the ninth day of July last past, anitoausly resolve, that the reasons assigned by the continental congress, for declaring the United colonies free and independent 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 risque of our lives and for tunes, join with the other colonies in supporting it. 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 represenatives 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 By virtue of which several acts, declarations and proceedings the said act or acts, certain inconveniences and mischiefs unfore mentioned and contained in the afore-recited resolves or resolu-seen at this day, may be found to attend the said mode of electing tions of the general congress of the United American states, and by ballot : of the congress or conventions of this state, all power what-} It is further ordained, that if, after a full and fair experiment ever therein bath reverted to the people thereof, and this conven- shall be made of voting by ballot aforesaid, the same shall be found tion hath, by their suffrages and free choice been appointed, and less conducive to the safety or interest of the state, than the me among other things authorized to institute and establish such a thod of voting viva vece, it shall be lawful and constitutional for government, as they shall deem best calculated to secure the the legislature to abolish the same; provided, two-thirds of the rights and liberties of the good people of this state, most condu- members present in each house respectively, shall concur therein: tive of the happiness and safety of their constituents in particular, and further, that during the continuance of the present war, and and of America in general. until the legislature of this state shall provide for the election of senators and representatives in assembly, by ballot, the said elcetions shall be made viva voce. L. This convention, in the name and by the authority of the good people of this state, doth ordain, determine and declare, that no authority shall, on any pretence whatever, be exercised over the people or members of this state, but such as shall be derived foo and granted by them. VII. That every male inhabitant of full age, who shall have personally resided within one of the counties of this state for six months immediately preceding the day of election, shail at such 11. This convention doth further, in the name and by the authori-election, be entitled to vote for representatives of the said county ty of the good people of this state, ordain, determine, and declare in assembly; if, during the time aforesaid, be shall have been a that the supreme législative power, within this state, shall be vest-freeholder, possessing a freehold of the value of twenty pounds ed in two separate and distinct bodies of men-the one to be called, within the said county, or have rented a tenement therein of the the assembly of the State of New-York-the other to be called, the yearly value of forty shillings, and been rated and actually paid senate of the State of New-York-who together shall form the leaves to this state; provided always, that every person who gislature, and meet once at least in every year for the despatch of now is a freeman of the city of Albany, or who was made a freeman basiness. of the city of New-York, on or before the fourteenth day of Octoher in the year of our Lord one thousand seven hundred and se venty-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. Hi. And whereas, laws, inconsistent with the spirit of this constitution, or with the public good, may be hastil" and unadvisedly passed: be it ordained, that the governor for the time being, the chancellor, and the judges of the supreme court-or any two of them, together with the governor--shall be, and hereby are, constituted a council to revise all bills about to be passed into laws by the legislature; and for that purpose shall assemble themselves from time to time, when the legislature shall be convened: for, which, nevertheless, they shall not receive any salary or considera tion, under any pretence whatever. And that all bills, which have passed the senate and assembly, shall, hefore they become laws, be presented to the said council, for their revisal and consideration: and if, upon such revision and consideration, it should appear improper to the said council, or a majority of them, that the said bill should become a law of this state that they return the same,together with their objections thereto in writing, to the senate or house of assembly (in whichsoever the same shall have originated) who shall enter the objections, set 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 Jaw. 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 ease, 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 proportion, following, viz." For the city and county of New-York, nine. The county of Duchess, seven. The county of Westchester, sir. The county of Ulster, six. The county of Suffolk, five. The county of Queens, four The county of Orange, four. VIII. That every elector, before he is admitted to vote, shall, if required by the returning officer, or either of the inspectors, take an oath, or, if of the people called Quakers, an affirmation of allegiance to the state. IX. That the assembly, thus constituted, shall choose their own speaker, be judges of their own members, and enjoy the same privileges, and proceed in doing business in like manner as the assem blies of the colony of New-York of right formerly did; and that s majority of the said members shall, from time to time, constitute a house to proceed upon business. X. And this convention doth further, in the name and by the authority of the good people of this state, ordain, determine, and declare, that the senate of the state of New-York shall consist of twenty-four freeholders, to be chosen out of the body of the freehollers, and that they be chosen by the freeholders of this state, possessed of freeholds of the value of one hundred pounds, over and above all debts charged thereon. XI. That the meinbers of the senate he elected for four years, and, immediately after the first election, they be divided by lot inco four classes, six in each class, and numbered one, two, three, 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 seinte, 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 compre hend the city and county of New-York, Suffolk, Westchester, Kings, Queens, and Richmond countics; the middle district to comprehend the counties of Dutchess, Ulster, and Orange; the western district the city and county of Albany, and Tryon county; and the eastera district the counties of Charlotte, Cumberland and Gloucester. That the senators shall be elected by the freeholders of the said districts, qualified 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 eensus, it shall appear that the number of senators is not justiv proportioned to the several districts, that the legislature adjust the proportion, as near as may be, to the number of frecholders qualified as aforesaid in each district. That when the number of "electors within any of the said districts shall have increased one twen ty-fourth part of the whole number of electors which by the said V. That as soon after the expiration of seven years (subsequent census shall be found to be in this state, an additional senator shall to the termination of the present war) as may be, a census of the be chosen by the electors of such district. That a majority of the electors and inhabitants of this state, shall be taken under the di- number of senators to be chosen as aforesaid, shall be necessary to rection of the legislature. And if, on such census, it shall appear constitute a senate sufficient to proceed upon business; and that that the number of representatives in assembly, from the said the senate shall, in like manner with the assembly, be the judges counties, is not justly proportioned to the number of electors in of its own members. And be it ordained, that it shall be in the said counties respectively, that the legislature do adjust and appor-power of the future legislature of this state, for the convenience tion the same by that role. And further, that once and advantage of the good people thereof, to divide the same into in every seven years, after the taking of the said first census, such further and other counties and districts, as shall to them apa just account of the electors, resident in each county shall pear necessary. 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 representatives for such county shall be increased or diminished accordingly that is so say, one representative for every seventieth part 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 young viva voce:-To the end, therefore, that 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 of the rights or privileges secured to the subjects of this state by this constitution, unless by the law of the land or the judgment of his peers. XIV. That neither the assembly nor the senate shall have the power to adjourn themselves for any longer time than two days without the mutual consent of both. XV. That whenever the assembly and senate disagree, a cons 'ference shall be held in the presence of both, and be managed by mmittees, to be by them respectively chosen by ballot. That the hold their offices during good behavior, or till they have respes doors, both of the assembly and the senate shall at all times beftively attained the age of sixty years. Rept open to all persons, except when the welfare of the state shall XXV. That the chancellor and judges of the supreme court require their debates to be kept secret. And the journals of all shall not, at the same time, hold any other office, excepting that of their proceedings shall be kept in the manier heretofore accustom-delegate to the general congress upon special ocensions; and that ed by the general assembly of the colony of New-Yor!.; and, ex- the first judges of the county courts, in the several counties, shall eept such parts as they shall as aforesaid respectively determine not at the saine time, held any other office excepting that of senanot to make public, be from day to day, if the business of the legis- tor, or delegate to the general congress. But if the chancellor, Pature will permit, published." or either of the said judges, be elected or appointed to any other office, excepting as before excepted, it shall be at his option in which to serve. | XXVI. That the sherifs and coroners be annually appointed: and that no person sind! be capable of holding either of the said offices more than four years successively; nor the sheriffs of hold. ing any other office at the same time. XVI. It is nevertheless provided that the number of senators shall never exceed one hundred; but that whenever the number of senators shall amount to one hundred, or of the assembly to three hundred, then and in such case the legislature shall, from time to time, thereafter, by laws for that purpose, apportion and distribute the said one hundred senators and three hundred representatives among the great districts and counties of this s ́ate, in proportion XXVII. And be it further ordained, that the register, and clerks to the number of their respective electors, so that the represisita in chancery, be appointed by the chancellor; the clerks of the su tion of the good people of this state, both in the senate and assen-preme court by the judges of the said court; the chark of the court bly, shall forever remain proportionate and adequate. of probate, by the judge of the said court; and the register and marshal of the court of admiralty, by the judge of the huicalty. The said marshal, registers, and clerks to continue in office, inring the pleasure of those, by whom they are to be appointed, as alure And that all attornies, solicitors, and couns llors at law, hereaf ter to be appointed, he appointed by the court, and need hy the first judge of the court, in which they shall respectively plead or practice; and be regulated by the rules and orders of the said courts. XVII. And this convention doth further, in the name and by the authority of the good people of this state, ordain, det. rmine, and declare, that the supreme executive power and authority of this state, slinll be vested in a governor; and that statedly, once in every three years, and as often as the seat of government shall be come vacant, a wise and discreet freeholder of this state shall be, by ballot, elected governor by the freeholders of this state, qualifed as before described to elect senators, which elections shall be always held at the times and places of choosing representatives in assembly for each respective county, and that the person who hath the greatest number of votes within the said state, shall be governor thereof. XVIII. That the governor shall continue in office three years, and shall, by virtue of his office,be general and commander in thief of all the militia, and admiral of the navy of this state; that be shall have power to convene the assembly and senate on extraordinary occasions; to prorogue them from time to time, provided such prorogations shall not exceed sixty days in the space of any one year; and, at his discretion to graut reprieves and pardous to persons convicted of crimes other than treason or murder, in which he may suspend the execution of the sentence, until it shall be reported to the legislature at their subsequent meeting; and they shall either pardon, or direct the execution of the criminal, or grant a further reprieve. said. XXVIII. And be it further ordained, that where, by this cou 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 least in every three years. XXIX. That town clerks, supervisors, assessors, constables, collectors, and all other officers, heretofore eligible by the people, shall always continue to he so cligible, in the manner directed by the present or future acts of the legislature. That loan-officers, county-treasurers, and clerks of the su pervisors, continue to be appointed in the manner directed by the present or future acts of the legislature. 1 hat delegates to represent this state in the general congress of the United States of Alice, be annually appointed as follows, to wit: The senate and assembly shall each openly nominate as many persons as shall be equal to the whole number of del gates to be appointed; after which nomination, they shall meet together, and those persous, named in both lists, shall be delegates; and out of those persons whose nanies are not in both lists, one half shall be chosen by the joint ballot of the senators and members of assem XIX. That it shall be the duty of the governor to inform the Legislature at every session of the condition of the state, so far as may respect his department; to recommend suck matters to their consideration as shall app ar to him to concern its good government, welfare, and prosperity; to correspond with the continental congress, and other states, to transact all necessary business with the offers of government, civil and military, to take care that the laws are faithfully executed, to the best of his ability; and to ex-bly, so met together as aforesaid. pedite all such measures as may be resolved upon by the le gislature. XXX. Tint the style of all laws shall be as follows, to wit: "Be it enacted by the people of the state of New York represented XX. That a lieutenant-governor shall, at every election of a in senate and assembly:" And that all writs and other proceedings governor, and as often as the lieutenant governor shall die, re-shall run in the naine of The people of the state of New-York, and sien, or be removed from office, be elected in the same manner be tested in the name of the chancellor or chief justice of the with the governor, to continue in office until the next election of court, from whence they shall issue. a governor, and such lieutenant-governor shall, by virtue of bis office, be president of the senate, and upon an equal division, have a casting voice in their decisions, but not vote on any other occasion. 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 im peachments, and the correction of errors, under the regulations And in case of the impeachment of the governor, or his removal which shall be established by the legislature; and to consist of the from office, death, resignation or absence from the state, the lieu president of the senate, for the time being, and the senators, chanchant governor shall Exercise all the power and authority apper- cellor and judges of the supreme court, or the major part of thein: taining to the office of governor, until another be chosen, or the except that when an impeachment shall be prosecuted against the governor absent or impeached, shall return or be acquitted. Pro-chancellor, or either of the judges of the supreme court, the person vided, that where the governor shall, with the consent of the le-o impeached, shall be suspended from exercising his office, until gislature, be out of the state, in time of war, at the head of the mili-his acquittal and in like manner, when an appeal, from a deervé Try force thereof, he shall still continue in his command of all the in equity, shall be heard, the chancellor shall inform the court of Jailitary force of the state both by sea and land. the reasons of his decree, but shall not have a voice in the final sen XXI. That whenever the government shall be administered by tence. And if the cause to be determined shall be brought up by the lieutenant governor, or he shall be unable to attend as presi-writ of error, on a question of law, on a judgment in the supreme dent of the senate, the senators shall have power to elect one of court, the judges of that court shall assign the reasons of such their own members to the office of president of the senate, which their judginent, but shall not have a voice for its affiènance or he shall exercise pro hac vice. And it, during such vacancy of the reversal. office of governor, the lieutenant-governor shall be impeached, dis- XXXIII. That the power of impeaching all officers of the plated, resign, die, or be absent from the state, the president of the state, for mal and corrupt conduct in their respective offices, be senate shall, in like manner as the lieutenant-governor, adminis-vested in the representatives of the people in assembly; beat that ter the government, until others shall be elected by the suffrage of it shall always be necessary, that two-third parts of the members the people, at the succeeding election. present shall consent to and agree in such impeachment. That XXII. And this convention doth further, in the name and by previous to the trial of every impeachment, the members of the the authority of the good people of this state, ordain, determine, said court shall respectively be sworn, truly and impartially to try and declare, that the treasurer of this state shall be appointed by that no judgment of the said court shall be valid,unless it be assented and determine the charge in question, according to evidence; and act of the legislature; to originate with the assembly: provided that he shall not be elected out of either branch of the legislature. to by two-third parts of the members then present;nor shall it extend further than to removal from office, and disqualification to holl XXIII. That all officers, other than those, who, by this constitu- and enjoy any place of honor, trust, or profit, under this state. tion, are directed to be otherwise appointed, shall be appointed But the party so convicted, shall be, nevertheless, linhle and subs in the manner following, to wit: The assembly shall, once in every ject to indictment, trial, judgment and punishment, according to year, openly nominate and appoint one of the senators from each the laws of the land. great district, which senators shall form a council, for the appoint. ment of the said officers, of which the governor for the time be jug, or the heutenant-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 council, shall appoint all the said officers; and that a majority of the said council be a quopum; and further, the said senators shall not be eligible to the said council for two years successively. XXXIV. And it is further ordained, that in every trial on impeachment, or indictment for crimes or misdemeanor, the party impeached or indicted, shall be allowed couticil, 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, det rane, and declare, that such parts of the common law of England, and of the statute law of England and Great Britain and of the acts of the legislature of the colony of New York, as fug XXIV. That all military officers be appointed during pleasure; ther dit form the law of the of said colony on the 19th of April, that all commissioned officers, civil and military, be commissioned in the year of our Lord one thousand seven hundred and seventy by the governor; and that the chancellor, the judges of the su-five, shall be and continue the law of this state, subject to saeli a eme court, and first judge of the county court in every county, terations and provisions at the legislature of finis state stall, |