Слике страница
PDF
ePub

No. 7 or VOL. III.]

BALTIMORE, SATURDAY, Ocresen 17, 1812.

Hec olim meminisse juvabit.—VIRGIL.

(WHOLE NO. 59.

Printed and published by H. NILES, South-st. next door to the Merchants' Coffee House, at § 5 per annum.

VIII. All power residing originally in, and being derived from

Constitution of New-Hampshire. Je people, all the magistrates and officers of government, are

The constitution of New Hampshire, as altered and amended by a convention of delegates held at Cquod, in said state, by adjourn ment, on the second Wednesday of February, 1792.

PART 1.-BILL OF RILUTS.

the

their substitutes and agents, and at all times accountable to them. IX. No office or place whatsoever, in government, shalt be hereditary-the abilities and integrity requisite in all, not being trans missible to posterity or relations.

X. Government being instituted for the common benefit, pro Article L. All men are horn equally free and independent: There-tection and security of the whol community, and not for the ori fore, all government, of right, originates from the people, is found vate interest or emolument of any one man, family, or class of ed in consent, and instituted for the general good. men: therefore, whenever the ends of government are pervert

II. All men have certain natural, essential, and inherent rights-ed, or public liberty manifestly endangered, and all other means of anung which are the enjoying and defending life and liberty, ac- redress are ineffectual, the people may, and of right ought to, requiring, possessing, and protecting property; and, in a word, of form the old, or establish a new government. The doctrine of seeking and obtaining happiness. non-resistance against arbitrary power and oppression, is absurd, slavish, and destructive of the good and happiness of mankind. XI. All elections ought to be free, and every inhabitant of the state, having the proper qualifications has an equal right to elects and be elected, into office.

III. When men unter into a state of society, they surrender up some of their natural rights to that society, in order to ensure the protection of others; and without such an equivalent the surrender is void.

IV. Among the natural rights, some are in their very nature, an ali taide, because no equivalent can be given or received for them. Of this kind are the rights of conscù noe.

XII. Every member of the community has a right to be protected by it in the enjoyment of his life, liberty and property; he is therefore bound to contribute his share to the expence of such V. Every indispel has a natural and unalienable right to wor-protection, and to yield his personal service when necessary, or an ship GOD according to the dictates of his own conscience and rea-equivalent. But o part of a man's property shall be taken from ; and no person shall be hurt, molested, or restrained in his him, or applied to public uses, without his own consent, or that of person, liberty, or estate, for worshipping God in the Garmer most the representative body of the people. Nor are the inhabitants of agreeable to the dictates of his own consciene, or for his religi- this state controlable by any other laws than those to which they, ons profession, sentiments, or persuasion; provided he doth not or their representative body have given their consent. disturb the public peace, or disturb others in their religious wor XIII. No person who is conscientiously scrupulous about the lawfulness of bearing arms, shall be compelled thereto, provided he VL. As morality and piety, rightly grounded on evangelical prin- will pay an equivalent. ciples, will give the best and greatest security to government, and XIV. Every citizen of this state is entitled to a certain remedy, will lay, in the hearts of men, the strongest obligations to due by having recourse to the laws, for all injuries he may receive in subjection; and as the knowledge of these is most likely to be his person, property, or character; to obtain right and justice propagated through a society, by the institution of the public wor-freely, without being obliged to purchase it; completely, and ship of the Deity, and of public instruction in morality and reli- without denial; promptly, and without delay, conformable to the gion; therefore, to promote these important purposes, the people laws,

ship.

of this state have a right to empower, and do herchy fully empow XV. No person shall be held to answer for any crime, or offence, er the legislature, to authorize, from time to time, the several until the same is fully and plainly, substantially and formally, de towns, parishes, bodies corporate, or religions societies, within this scribed to him: nor be compelled to accuse or farnish evidence, state, to make adequate provision, at their own expense, for the sup against himself. Ani every person shall have a right to produce port and maintenance of public protestant teachers of piety, re-all proofs that may be favorable to himself; to meet the witnesses gion and morality: against him, face to face; and to be fully heard in his defence

Provided notwithstanding, That the several towns, parishes, bo- by himself, and counsel. And no person shall be arrested, impridies corporate, or religious societies, shall at all times have the ex-soned, despoiled, or deprived of his property, immunities or privi elusive right of electing their own public teachers, and of contract-ges, put out of the protection of the jaw, exiled or deprived of ing with them for their support and maintenance. And no per- his life, liberty or estate, but by the judgement of his peers, or the son, of any one particular religious sect or denomination, shall ever law of the land.

be compelled to pay towards the support of the teacher or teachers XVI. No person shall be liable to be tried after an acquittal, for of another persuasion, sect or denomination. the same crime or offence. Nor shall the legislature make any But this shall not be construed to free a person from the obliga- law that shall subiect any person to a capital punishment (except tions of his own contract, on his pretence of changing his religious ing for the government of the army and navy, and the militia in persuasion after making the contract. actual service) without trial by jury.

And whenever a minister is settled by any incorporated town or XVII Incriminal prosecutions the trial of facts, in the vicinity parish, any person dissenting, shall have liberty, either at the meet-where they happen, is so essential to the security of the life, hher ing, or previous to the ordination of the minister, or within one ty and estate of the citizens, that no rime or offence ought to be month after the vote obtained for his settlement, to enter his dis-tried in any other county than that in which it is committed, ex sent with the town or parish clerk, against paying, or contributing cept in cases of general insurrection in any particular county, towards the support of the said minister, and all adors who, after when it shall appear to the judges of the superior courts that an such settlement, shall coine of age, and all mhabitants of such town impartial trial cannot be had in the county where the offence may or parish who are absent from the same at the time of such meet committed, and upon their report the legislature shall think ing or settlement, and all persons who, after such settlement, move proper to direct the trial in the nearest county in which an ininto sach town or parish to reside, shall have three months from the partial trial can be obtained.

me of their conning of fuil age, returning into town, or moving XVII. All penalties ought to be proportioned to the nature of inte, reside as aforesaid, respectively, to enter their dissent, with the the offence. No wise legislatury will affix the same punishment town or parish clerk, as aforesaid. to the crimes of theft, forgery and the lik", which they do to those

And all persons who do not enter their dissent, as aforesaid, shall of murder and trason. Where the same indistinguished severity be bound by the major vote of such town or parish, and it shall be is exerted against all offences, the people are led to forget the real considered as their voluntary contract; but all persons who enter distinction in the crimes themselves, and to commit the most fla their dissent, as aforesaid, shall not be bound by the vote of sach town graut with as little compunction as they do the lightest offences. er parish, or considered a party to such contract, or in any way For the same reason, a multitude of sanguinary laws is both impolibe compelled to contribute towards the support of the minister; tie and unjust. The true design of all punishments being to re nor shall any person be compelled to contribute towards the support for, not to exterminate, mankind.

of the minister, who shall change from the sect or denomination XIX. Every person hath a right to be secure from all unreasonof which he professed to be when he settled, to any other persua-able s-archics and seizures of his person, his houses, his papers, tion, seet or denomination. and all his possessions. Therefore, all warrants to search suspect

And every denomination of christians, demeaning themselves ed places, or arrest a person for examination or trial, in prosecu qudy, and as good citizens of the state, shall be equally under tions for crimi.al matters, are contrary to this right, if the cause the protection of the law: and no subordination of any one sect oror foundation of them be not previously supported by oath or af denomination to another, shati ever be established by law. firmation; and if the order in a warrant of a civil officer, to make

And nothing herein shall be understood to affect any former con- search in suspected places, or to arrest one or more suspected pertracta uade for the support of the ministry; but all such contracts sons, or to seize their property, be not accompanied with a special all ranaia, and be in the same state as if this constitution had not designation of the persons or objects of starch, arrest or size ; been made. and no warrant ought to be issued, but in cases and with the for VIL The people of this state have the sole and exclusive right of walities prescribed by law. governing themselves, as a free, sovereign and independent state; XX. In all controversies concerning property, and in all suits beand do, and forever hereafter shall, exercise and enjoy every pow-tween two or more persoas, excepting in cases wherein it hath been jurisdiction, and right, pertaining thereto, which is not, or may heretofore otherwise used and practised, the parties have a right to aut hereafter be, by them expressly delegated to the United States a trial by jury; and this right shall be deemed sacred and inviola of America in congress assembled. ble; but the legislature may, by the constitution, be empowered G

VOL. III.

[ocr errors]

to make such regulations as will prevent parties from having as days next preceding the said last Wednesday of October; and shalf many trials by jury, in the same suit or action, as hath been here be styled, The General Court of New-Hampshire. The general court shall forever have fell power and authorisy tofore allowed awi p ́actised, and to extend the civil jurisdiction of justices of the peace to the trials of suits where the sum demanded to er et and constitute judicatories and courts of record, or other danages doth not exered four pounds, saving the right of ap-courts, to be hollen in the name of the state for the hearing, trying peal to either party. But no such regulations shall take away the and determining, all manner of esines, offences, pleas, processes, rigit of trial by jury, in any case not in this article before exet pt-plaints, actions, causes, matters, and things whatsoever, arising or happening within this state, or between or concerning persons ined, unless in cases respecting phriners' wages. XXI. In order to reap the hillst advantage of the inestimable habiting or residing, or brought within the same, whether the privilege of the trial by jury, great care ought to be taken that same be criminal or civil, or whether the crimes be capital or våt To which cunris home but qualified persons should be appointed to serve; and capitel, and whether the said pleas be real, personal or mixed ;such ought to be fully compensated for their travel, time and at-and for awarding and issuing execution thereon, and jodiratorics, are hereby given and granted, full power und tendance. authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter, in controversy, or depending before them.

XXII. The Werty of the press is essential to the security of freedom in a state: It ought, therefore, to be inviolably preserved. | XXIII. Retrospective laws are highly injurious, oppressive and just. No such laws, the refor should be made, either for the decision of civil causes, or the punishment of offences.

XXIV. A weil regulated militia is the proper, natural, and sure definice, of a state.

XXV. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the legis

lature.

XVI. In all cases, and at all times, the military ought to be der strict subordination to, and governed by the civil power.

And farther, rull power and authority are hereby given and granted to the said gencial court, from time to time, to make, ordain and establish, alkmanner of wholesome and reasonable orders, la ws statutes, ordinances, directions and instructions, either with penal ties or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this siste, and for the governing and ordering thereof, and of the citiunus of the same, for the necessary support and defence of the government thereof; and to name and settie annually, or provide by fixed laws for the naming and settling all civil officers within any this state; such officers excepted, the election and appointvient of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the sane be not repugnant or contrary to this constitution; and also

XXVII. No soldier, in time of peace, shall be quartered in house, without the consent of the owner; and in time of war, such quarters ought not to be nude but by the civil magistrate, in a maner ordained by the legislature. XXVIII. No subsidy, charge, tax, impost, or duty, shall be esta blished, fixed, inid or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature, or authority, derived from that body. XXIX. The power of suspending the laws, or the execution of impose fines, inulets, imprisonments, and other punishments; them, ought never to be exercised but by the legislature, or by au- and to impose and levy proportional and reasonable assessments, thority derived thers from, to be exercised in such particular cases rates, and taxes, upon all the inhabitants of, and residents within, the said state, and upon all estates within the same; to be issu only as the legislature shall expressly provide for. XXX. The freedom of d-liberation, speech, and debate, in eithered and disposed of by warrant, under the hand of the governor of house of the legislature, is sy essential to the rights of the people, this state for the time being, with the advice and consent of the that it cannot be the foundation of any action. complaint, or prose-council, for the public service, in the necessary defer cé and support of the government of this state, and the protection and preser cution in any ofiter court or place whatsoever. XXXL. The legislature shail assemble for the redress of publication of the citizens thereof, according to such acts as are, or shall theregrievances, and for making sueir laws as the public good may reinforce within the same. And while the public charges of government, or any part quire. XXXII. The people have a right, in an orderly and peaceable of, shail be assessed on polls and states in the manner that iras manner, to assemble and consult upon the public good, give in-been her totore practised; in order that such assessments may structions to their representatives, and to request of the gislative made with equality, there shall be a valuation of the estates with body, by way of petition or remonstrance, redress of the wrongs in the state, taken anew once in every five years at least, and as much oftener as the general court shall order. done them, and of the grievances they suifer.

XXXIII. No magistrate or court of law shall demand excessive bail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

XXXIV. No person can in any ease be subjected to law martial, or to any pains or penalties by virtue of that law, except those employed in the army, or navy, and except the militia in actual service, but by authority of the legislature.

No member of the general court shall take fees, be of counsel ur act as advocate, in any cause before either branch of the legisla ure; and upon due proof thereof, such member shall forfeit his seat in the legislature.

The doors of the galleries of each house of the legistature shall be kept open to all persons who behave decently, except when the welfare of the state, in the opinion of either branch, shall require

secrecy.

SENATE.

THE Senate shall consist of thirteen members, who shall hold their offices for one year, from the last Wednesday of October next ensuing their election.

XXXV. It is essential to the preservation of the rights of every individual, his life, liberty, property, and character, that there be an impartial interpretation of the laws and administration of jus tice. It is the right of every citizen to be tried by judges as in partial as the lot of humanity will admit. It is therefor not only And that the state may be equally represented in the senate, the the best policy, but for the security of the rights of the people, that the judges of the supreme judicial court should hold their offices legislature shall, from time to time, divide the state into thirteen so long as they behave well; subject, however, to such limitations, districts, as nearly equal as may be without dividing towns and unon acconut of age, as may be provided by the constitution of the fruer rated places; and in making this division, they shall gostate; and that they should have honorable salaries, ascertamed vern themselves by the proportion of public taxes paid by the said districts, and timely make known to the inhabitants of the state and established by standing laws. the limits of each district.

XXXVI. Economy being a most essential virtue, in all states, The treeholders and other inhabitants of cach district, qualified especially in a young one; no prion shall be granted but in co. sideration of actual services; and such pensions ought to be gren-as in this constitution is provided, shall annually give in their votes ed with great caution by the legislature, and never for more than for a senator, at some meeting helden in the north of March. The senate shall be the first branch of the legislatur; and the one year at a time. XXXVII. In the government of this state, the three essential senators shall be chosen in the following nanmar, víz: Every male pow rs thereof, to wit, the legislative, excentive and judicial,habitant of each town, and parish with town privileges, and ought to be keptas separate from, and i dependent of, each other, places mancorporated, in this state, of twenty-one years of age and as the nature of a free governament will admit, or as is consistent upwards, excepting paupers and persons excused from paying taxes with that chain of com xion that binds the whole fabric of the at their own request, shall have a right, at the anned or other Quetings of the inhabitants of said towns and parishes, to be duly constitution in one indissoluble bond of usity and amity. XXXVIII. Afr.quent recurrence to the fundamental princi-warned and holden amaliy for ver in the month of March, to vote ples of the constitution, and a constant adherence to justice, node in the town or parish wherein he dwells, for the senators in the ration, tempurane, buiustry,trugality and ail the social virtues. county or district whereof he is a member. are indispensably necessary to preserve the blessings of his rty and good government; the prop ought, therefore, to live a partie farregard to all those principies in the choice of their officers and representatives: And they have a right to require of their law-gwho is not of the age of thirty years, and who shall not have been ers and magistrates an exact and constant observance of them in the formation and execution of the laws necessary for the good ad ministration of the government.

PART 1-FORM OF GOVERNMENT.

Provided nevertheless, That no person shall be capable of being elected a senator, who is not seized of a freehold estate, in his own right, of the value of two hundred pounds, lying within this state,

an indubitant of this state for seven years immediately preceding his election, and at the time thereof he shall be an inhabitant of the district for which he shall be chosen.

And every person, qualified as the constitution provides, shall be considered an inhabitant for the purpose of electing and being elected into any office or place within this state, in the town, parish, and plantation, where he dwelleth and hath his home.

THE people inhabiting the territory formerly called the province of New-Hampshire, do hereby solely and mutually agree with each other, to form themselves into a free, sovereign and inde pendent body politic, or state, by the name of the State of New-qualified as this constitution provides, who are or shall be requir Hampshire.

GENERAL COURT.

And the inhabitants of plantations and places unincorporated,

ed to assess taxes upon themselves towards the support of govern ment, or shall be taxed therefor, shall have the same privilege of THE supreme legislative power, within this state, shall be ves:-voting for senators, in the plantations and places wherein they re ed in the senate and house of representatives, each of which shall side, as the inhabitants of the respective towns and parishes afore said have. And the meetings of such plantations and places for have a negative on the other. that purpose shall be holden annually in the month of March, at such places respectively therein as the assessors thereof shall direct; which assessors shall have like authority for notifying the electors

The Senate and House shail assemble every year on the last Wednesday of October, and at such other times as they may judge necessary; and shall dissolve, and be dissolved, seven

llecting and returning the votes, as the selectmen and town-, two representatives; and so proceeding in that proportion, make clerks have in their several towns by this constitution. three hundred such rateable polls the mean of increasing number for every additional representative.

Such towns, parishes or places as have less than one hundred and fifty rateable polis, shall be classed by the general assembly, for the purpose of choosing a representative, and seasonably noti fied thereof. And in every class formed for the abovementioned purpose, the first annual meeting shall be held in the town, parisłą or place wherein most of the rateable polis reside; and afterwaris in that which has the next highest number; and so on annually, by rotation, through the several towns, parishes or places, formas ing the district.

The meetings for the choice of governor, council and senators, shall be warned by warrant, from the selectmen, and governed by a moderator, who shall, in the presence of the selectmen, (whose duty it shall be to attend) in open meeting, receive the votes of all the inhabitants of such towns and parishes present, and qualified to vote for senators; and shall, in said meetings, in presence of the said selectmen and of the town-clerk, in said meeting, sort and count the said votes, and make a public declaration thereof, with the name of every person voted for, and the number of votes for each person: and the town-clerk shall make a fair record of the same at large, in the town-book, and shall make out a fair attested Whenever any town, parish or place, entitled to town privileg copy thereof, to be hy him sealed up, and directed to the secretary es as aforesaid, shall not have one hundred and fifty rateable poils, of the state, with a superscription expressing the purport thereof and be so situated as to render the classing thereof with any and the said towieclerk shall cause such attested copy to be deli- other town, parish or place, very inconvenient, the general assem vered to the sheriff of the county in which such town or parish shali bly may, upon application of a majority of the voters of such lir, forty days at least before the last Wednesday of October; or to town, parish or place,issue a writ for their selecting and sending the secretary of the state at least thirty days before the said last a representative to the general court. Wednesday of October: and the sheriff of wich county, or his depu The members of the house of representatives shall be chosen ty, shall deliver all such certificates by him received, into the scannually, in the month of March, and shall be the second branch of cretary's office, at least thirty days before the last Wednesday of the legislature. October. And that there may be a due meeting of senators on the last Wednesday of October annually, the governor and a majority of the council, for the time being, shall, as soon as may be, examine the returned copies of such records, and fourteen days before the said last Wednesday of October, he shall issue his summons to such persons as appear to be chosen senators by a majority of votes, to attend and take their seats on that day.

Provided nevertheless, That for the first year the said returned copies shall be examined by the president, and a majority of the council then in office: And the said president shall, in like manner, notity the persons elected, to attend and take their seats accordingly.

All persons qualified to vote in the election of senators shall he entitled to vote within the district where they dwell, in the choice of representatives. Every member of the house of representatives shall be chosen by ballot; and for two years at least, next praceding his clection, shall have been an inhabitant of this state; shall have an estate within the district which he may be chosen to repres sent, of the value of one hundred pounds, one half of which to be a freehold, whereof he is seized in his own right; shall be, at the time of his election, an inhabitant of the district he may be chosen to represent, and shall cease to represent such district immediately on his ceasing to be qualified as aforesaid.

The members of both houses of the legislature shall be compens ated for their services out of the treasury of the state, by a law made for that purpose; such members attending seasonably, and not departing without licence. All intermediate vacancies, in the house of representatives, may be filled up from time to time, in the same manner as annual elections are made.

And in case there shall not appear to be a senator elected by a majority of votes, for any district, the deficiency shall be supplied in the following manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of the two persons having the highest number The house of representatives shall be the grand inquest of the of votes in the district, and out of them shall elect, by joint ballot state; and all impeachments made by them, shall be heard and the senator wanted for such district; and in this manner all such tried by the senate. vacancies shall be filled up in every district of the state; and in like manner, all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be after such vacancies happen.

The senate shall be final judges of the elections, returns, and qualifications of their own members, as pointed out in this constiration.

The senate shall have power to adjourn themselves, provided such adjournment do not exceed two days at a time.

Provided nevertheless, That whenever they shall sit on the trial of any impeachment, they may adjourn to such time and place as they may think proper, although the legislature be not assembled such day, or at such place.

The senate shall appoint their president and other officers, and determine their own rules of proceedings: and not less than seven members of the senate shall make a quorum for doing business; and when less than eight senators shall be present, the assent of five at least shall be necessary to render their acts and proceedings

valid.

All money-bills shall originate in the house of representatives ; but the senate may propose, or concur with amendments, as on other bills. The house of representatives shall have the power to adjourn themselves, but no longer than two days at a time.

A majority of the members of the house of representatives shall be a quorum for doing business: but when less than two-thirds of the house of representatives elected shall be present, the assent of two-thirds of those members shall be necessary to render their acts and proceedings valid.

No member of the house of representatives or senate shall be ar rested or held to bail, on mean process, during his going to, re turn from, or attendance upon the court.

The house of representatives shall choose their own speaker, appoint their own officers, and settle the rules of proceedings in their own house; and shall be judge of the return, elections and qualifications of its anembers, as pointed out in this constitution. They shall have authority to punish, by imprisonment, every person who shall be guilty of disrespect to the house, in its presence, by any The senate shall be a court, with full power and authority to disorderly and contemptuous behavior, or by threatening or ift bear, try, and determine all impeachments made by the house of treating any of its members; or by obstructing its deliberations; representatives against any officer or officers of the state, for every person guilty of a breach of its privileges, in making arrests bribery, corruption, mal-practice or mal-administration in of for debt, or by assaulting any member during his attendance at any fee-with full power to issue summons, or compulsory pro session; in assaulting or disturbing any one of its officers in the cess, for convening witnesses before them, with all necessary exention of any order or procedure of the house; in assaulting powers incident to a court of trials; but previous to the trial of any any witness or other person ordered to attend by, and during his such impeachment, the members of the senate shall be respectively attendance on the house, or in rescuing any person arrested by sworn truly and impartially to try and determine the charge in order of the house, knowing them to be such. The senate, go question, according to evidence. And every officer impeach-vernor and council shall have the same powers in like cases: ed for bribery, corruption, mal-practice, or mal-administration in provided that no imprisonment by either for any offence exceed office, shall be served with an attested copy of the impeachment, ten days.

and order of the senate thereon, wish such citation as the scamte The journals of the proceedings, and all the public acts of may direct, setting forth the time and place of their sitting to try both houses of the legislature, shall be printed and published the impeachment; which service shall be made by the sheriff, or immediately after every adjournment or prongation; and upon such other sworn officer as the senate may appoint, at least four-motion made by any one member, the yeas and nays upon any teen days previous to the time of trial; and such citation being du- question shall be entered in the journals: and any member of the ly served and returned, the senate may proceed in hearing of the senate or house of representatives shall have a right on motion impeachment, giving the person impeached if he shall appear, full made at the time for that purpose, to have his protest or dissent, liberty of producing witnesses and proofs, and of making his de- with the reasons, against any vote, resolve, or bill passed, entered fence, by himself and counsel; and may also, upon his refusing or on the journals. neglecting to appear, hear the proofs in support of the impeachmeat, and render judgment thereon, his non-appearance notwithBanding; and such judgment shall have the same force and effect as if the person impeached had appeared and pleaded in the trial. Their judgment, however shall not extend further than removal from office, disqualification to hold or enjoy any place of honor, trust, or profit, under this state; but the party so convicted, shail nevertheless be liable to indictment, trial, judgment, and punishment, according to the laws of the land.

Whenever the governor shall be impeached, the chief justice of the supreme judicial court shall, during the trial, preside in the sate, but have no vote therein.

HOUSE OF REPRESENTATIVES.

(To be continued.)

State of Louisiana.

GOVERNOR'S SPEECH.

Fellow citizens of the Senate, and of the
House of Representatives.

I am very grateful to the people of Louisiana for the distinguished proof of confidence they have been There shall be, in the legislature of this state, a representation pleased to afford me, nor am I insensible, gentiem, of the people annually elected, and founded upon principles of equality and in order that such representation inay be as equal as of the honor conferred by your sanction of the popcircumstances will admit, every town, parish or place entitled to far sentiment in my behalf. Dofident of my talents town privileges, having one hundred and fifty rateable male polls, and deeply impressed with the magnitude of the ef twenty-one years of age and upwards, may elect one repre sentative: if four hundred and fifty rateable male polls, may elect trust cominitted to me, I should despair of a succe§*~

The "du

ful result, were it not for the benefit of your enlight-local situation of the several counties and of the haWe have seen the operation of ened counsels:-Man is rarely enabled to conduct bits and sentiments of your constituents, will be his own concerns in a manner pleasing to himself, your safest guide. and how much more difficult is it to manage satis-the parish court system, and experience has made But let us not proceed with an impetuous band, factorily the affairs of a government? As far as it us sensible of its defects. These should be remediregards my agency, I camiot promise my seif the hap-fed. piness of pursuing a couse which shall command or we may mistake innovation for reform, and instead general approbation. To conciliate public sentiment, of amendment, present only a change. and to satisfy the wishes of all, requires a perfection tics of the attorney-general” and the number and in wisdom and virtue, to which I lay no claim. It duties also of the district attornies" are to be deter will, I fear, he often my misfortune to mistake the mined by the law. These will necessarily depend public interest; but I shell never do it intentionally upon and be adapted to your judicial arrangements. There, notwithstanding, will be individuals, who But I am persuaded. gentlemen, you will in no inwill endeavor to magoily my errors and crime. But stance depart from the wise policy which forbids an the epose of an approving conscience is not easily unnecessary increase of offices. disturbed, and as in times past, so in times to come,

At this eventful crisis it is highly essential that I shall view with calmness the turbulence of politic. this state should be fully represented in the senate contention, and meet with composure the clamor and sad house of representatives of the United States, bitterness of opposition. With these fuclings, gen- and that timely provision be made for the exercise of tlemen, and thrm reliance on the justice of iny coun-its important suffrage, at the approaching election try, I have entered on the duties of my office, with-for a president and vice-president. To this end you out the smallest apprehension, other than what arises will take the necessary measures, nor do I doubt but from an extreme solicitude for the general welfare.hey will be such as the purest principles of patriHaving witnessed the moment when the authority otism shall advise.

To carry into effect the article of the constitution of the United States was first extended over this inportant, interesting and delightful district; having which secures to the citizens of New Orleans the assisted for near nine years, in its progress from co-right of appointing the officers necessary for the adlonial dependence to state sovereignty, and so fre-ininistration of police, pursuant to the mode of elec quently experienced the kind induigence of its ge-tion to be prescribed by the legislature, your co-ope nerous inhabitants; there are no motives which can ration is necessary and ought to be speedily rendered. influence an ingenuous mind; no consideration of The interest of this great and growing city is inti honor and gratitude, but combine to render the pros- mately connected with that of the other states, and perity of Louisiana an object of my fondest affections. cannot be too affectionately cherished. The regents of the university of Orleans will lay Receive, then, gentlemen, my warmest congratula tions on the happy event, which has made her a membefore you, gentlemen, an interesting view of the colber of the great American confeder.cv, and secured tege of Oricans, and of the several county schools unfor ourselves and posterity the blessings of liberty, der their superintendance. You will notice with great laws and safety. Always a friend to representative satisfaction the progress of science, nor do I doubt government, and believing it to be one best calcula- your readiness to contribute, by such means as may ted to advance the happiness of society, I anticipate be in your power, to its future advancement. Eduthe most favorable results from your present delibe- cation gives to the mind all the perfection of which rations. Your devotion to the public good, and your it is susceptible, and prepares our youth for the high wisdom to discerat, will ensure the earliest attendestinies which await them. On the rising genera The tion rests the happiness of parents and the best hopes tion to the various subjects of legislation. consideration of the set of congress, which provides of the state. Let our children be reared in the paths for an enlargement of the limits of this state, has of knowledge, of virtue and patriotism, and whilst justly been considered as of primary importance they will maintain the rights, the honor and the gloBy that act a considerable tract of country, rich iny of the country, their general deportment will be natural resources, and highly improved by the hand such as to occasion "the grey hairs of those who of industry, is, with the assent of the legislature, watched them in their infancy to go down without This accession of poputo be added to Louisiana.

lation, of wealth and of strength, was earnestly de-est to the grave."

sired by the convention of Orleans, and the general Gentlemen of the House of Representwives,
government, in according to it, has given a further
proof of regard for the welfare of this section of the
Can, winch you, gentlemen, will, I am assured,
highly appreciate.

The proper accounting officers will present you a statement of the receipts and expenditures for the

past year.

The liberal donations of the last territorial legistature to literary institutions: The remu The constitution of the state points to several ob-neration accorded to sufferers during the late insurjects of high concern, which claim your most deli-rection, and the heavy expences incurred by the berate reflection. On a wise and just arrangement convention of the territory of Orleans, made serions of the judicial department depends the best inte-impressions on the public treasury. There never rests of the community. The great outlines are pre-theless remains a fund equal to such exigencies, and scribed; but the details are left for legislative pro- indulge a fond hope, that the charges incident to a But to this end it is indispensible vision. The judicial power "is to be vested in a su- state government, may all be met without resorting preme court with appellate jurisdiction only, and to further taxes. such inferior courts as the legislature my think pro- that punctuality in the collection of the revenue be per to establish." Your first care should be to facili-enforced, and the most prudent economy in its extate the approach to the tribunal of last resort, and penditure observed. We are all, gentlemen, sensiThe hand of industry render it accessible to the most indigent citizen. Anble of the pressure of the times, and must unite in accumulation of legal forms and ceremonies should the most economical course. be studiously avoided-they augment expences and no longer meets a liberal reward-most of the probecomne oppressive: they obstruct the streams of ductions of the soil are perishing in our possession; In or- and the payment of the existing impostsás becoming jus ce, and eventually divert their course. ganizing inferior courts, your own knowledge of the seriously inconvenient to many of our fellow citizens.

Gentlemen of the Senate, and of the

Put

¡doms of Great Britain and Ireland and their depen House of Representatives, dencies, and the United States of America. cris A base submission to agThere is yet another subject to which I am urged not the greatest of evils. by the strongest considerations of duty to invite gression, would have been a greater curse-it would your attention. The militia, says the constitution, have entailed dishonor, cowardice and slavery upon is to be organized in such manner as may hereaf- ourselves and our posterity. The independence of ter be deemed most expedient by the legislature. ItAmerica was the fruit of eight years of toil and of is with regret I have to observe that this force does danger; and, to maintain this inestimabie heritage, hot exhibit that arrangement, order and discipline, the sword is again unsheathed. The wrongs of Engwhich can alone render it respectable. The causes land have been long and seriously felt. They are vimay in part be found in the existing laws, which Isible in the decline of our seaport towns, in the ruin pray you to revise and render more efficient. The of commerce, and the languor of agriculture. The contrariety of language spoken by the citizens in recourse to arms may increase the pressure. Louisiana; the dispersed situation of our settlements; let it be recollected, that whatever secrifice we make, and the inconvenience which attends the frequent is offered on the altar of our country-s consideraassemblage of corps for exercise and inspection;tion which will reconcile a futhful people to every present serious obstacles-But these should serve on-privation. The president of the United States cally as incitements to further exertion, until every im-culates on every aid which it is in the newer of Louprovement is given to our militia system, which ex-|isiuna to give, “as well to mitigate the evil of war isting circumstances will admit. But at this peri-to our own citizens, as to make it effectual against lu so reasonable a request, let not our lous crisis the safety of our country imperiously de- the enchy." mands it. The United States are engaged in a war, chief be dis ppointed. For years has he labored to to the calamities of which this section of the iontreert the storm, and vow that it rages with all its fury, is greatly exposed. We know not the moment when¦let no endeavor to carry him and our country safely Union is in itself a host. It is numbers, the enemy may menace the sanctuary of our dwell-through it. Let every man put himself ings and convert to his use the uits of our industrie.engih, and security. arnor. Age itself should be prepared to adv, nce A sense of common danger should unite every hotti and strengthen every arm. If ever a war was just against at: roviding foe. Our young men should hasfable the one which our country has declared is that ten "o the tented field," and rendering their service war. If ever a people had cause to repose with con- to the government, be in readiness at a moment's In such fidence in their government, we are that people.warning to march to the point of attack. From the days of the great Washington to the pre-a contest, the issue cannot be doubiful. In such a cunse, sent period, the desire of our rulers has been to be-every American should make lære his bosem. serve peace with all nations, and to keep aloof from Justice is the standard, Heaven is the warrior's those destructive conflicts which are filing the world shield." with widows and orphans. With this view the most pacific policy has been pursued-omitting nothing which justice required, and doing nothing which neutrality forbadle. Remote from the scene of carange; and indulging in no "sympathy for the belli

"When

WM. C. C. CLAIBORNE.

New-Orleans, July 30, 1812

Proclamation.

gerents, but such as invited acts of kindness to all, By the President of the United States of America, we had a right to expect exemption from aggression." But in this degenerate era, innocence itscif cannot arrest the hand of violence.

A PROCLAMATION. WHEREAS information has been received that a number of individuals, who have deserted from the When the government of Great Britain first aspir-army of the United States, have become sensible of ed to the base pre-eminence of becoming the high- their offences, and are desirous of returning to their wayman of the ocean, our illustrious statesmen ex-duty:

posed the absurdity-the wickedness of her preten- A full pardon is hereby granted and proclaimed to sions, and made repeated appeals to her justice;-each, and all such mdividuals, as shall, within four but they appealed in vain. months from the date hereof, surrender themselves

But

hand.

When our unprotected commerce became a prey to the commanding officer of any military post withto rapacity, and our countrymen navigating the high in the United States, or the territories thereof. seas were impressed into an ignominious service, and In testimony, whereof, I have caused the seal of male to fight the battles of their oppressors, we (SEAL.)the United States to be affixed to these preagain preferred remonstrance to resistance. sents, and signed the same with this moderation has been received as timidity, and Dorie at the city of Washington, the eighth da of October, A. D.. 1812, and of the depen in proportion to our forbearance have wrongs multidence of the United States the thirty-seventh. ped. Our laws are derided and our rights outragJAMES MADISON. ed the harbors of the United States have been blockaded, and their own waters colored with Ame rican blood. Seeking redress by negociation, the woord still rested in the scabbard, and we called it a prace. But such a PEACE presented no charms to an American heart-it was accompanied with dishonor, and leading fast to the ruin of our country. day however of retribution has at length arrived. By the Governor, A PROCLAMATION for a Day of Pub lic Thanksgiving. The government which, to a long list of injuries,

The

By the President,

JAMES MONROE,
Secretary of State.

State of New-Hampshire.

has added an attempt to dismember the happy Union Ir being the duty of all men, with grateful hearts, which made these States free and independent;--to acknowledge the superintending care and benevo the government whose agents are busily employed in tent Providence of ALMIGHTY GOD, whose proexciting the ruthless savage to murder our women tection extends to all his creatures, and without and children, has much to answer for. The collected whose permission not even a sparrow can fall to the Wisdom of the American nation has declared the re-ground: And considering the man crable bles ings edu, and a great, brave and determined people will which we has, with parental landness, conferred on apply it. A war exists between the United King- the people of this State during the present year, and

« ПретходнаНастави »