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Constitutions of the World from the late 18th Century to the Middle of the 19th Century Sources on the Rise of Modern Constitutionalism Editor in Chief Horst Dippel America: Volume 1
Verfassungen der Welt vom späten 18. Jahrhundert bis Mitte des 19. Jahrhunderts Quellen zur Herausbildung des modernen Konstitutionalismus Herausgegeben von Horst Dippel Amerika: Band 1
K·G ·Saur 2006
Constitutional Documents of the United States of America 1776–1860 Part I: National Constitutions / State Constitutions (Alabama – Frankland) Edited by Horst Dippel
Verfassungsdokumente der Vereinigten Staaten von Amerika 1776–1860 Teil I: Nationale Verfassungen / Staatsverfassungen (Alabama – Frankland) Herausgegeben von Horst Dippel
K·G ·Saur 2006
Bibliographic information published by Die Deutsche Bibliothek Die Deutsche Bibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the internet at http://dnb.ddb.de.
Bibliografische Information Der Deutschen Bibliothek Die Deutsche Bibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.ddb.de abrufbar.
U Printed on acid-free paper / Gedruckt auf alterungsbeständigem Papier © 2006 by K . G. Saur Verlag GmbH, München Printed in Germany All Rights Strictly Reserved / Alle Rechte vorbehalten. Technical Partner / Technischer Partner: Mathias Wündisch, Leipzig Printed and Bound / Druck und Bindung: Strauss GmbH, Mörlenbach ISBN-13: 978-3-598-35751-0 ISBN-10: 3 - 598 -35751-6
Contents Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 9 11
Constitutional Documents of the United States of America 1776–1860 National Constitutions Articles of Confederation (1777) / Artikel des Bundes (1777) . . . . . . . . . . . . . Articles de Confédération (1776) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Failed Amendment of 1783 . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of the United States of America (1787) / Verfassung der Vereinigten Staaten (1787) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . De Constitutie der Vereenigde Staaten (1787) . . . . . . . . . . . . . . . . . . . . . Amendments of 1789/91 / Änderungen von 1789/91 . . . . . . . . . . . . . . Amendment of 1794/98 / Änderung von 1794/98 . . . . . . . . . . . . . . . . Amendment of 1803/04 / Änderung von 1803/04 . . . . . . . . . . . . . . . . Failed Amendment of 1810 / Änderungsentwurf von 1810 . . . . . . . . . . .
19 37 44 45 71 81 85 87 90
State Constitutions Constitution of Alabama (1819) . Failed Amendment of 1828 Amendment of 1830 . . . . Failed Amendment of 1830 Failed Amendment of 1843 Amendment of 1846 . . . . Amendments of 1850 . . .
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93 113 114 115 117 118 119
Constitution of Arkansas (1836) . . . . . Amendment of 1846 . . . . . . . . Amendment of 1848 . . . . . . . . Failed Amendment of 1848 . . . . Amendment of 1850 . . . . . . . . First Failed Amendment of 1851 . Second Failed Amendment of 1851 First Amendment of 1859 . . . . . Second Amendment of 1859 . . . Failed Amendments of 1859 . . . . Failed Amendment of 1861 . . . .
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121 139 140 141 142 143 144 145 146 147 148
Constitution of California (1849) / Constitución de California (1849) . . . . . . . . . 149 Amendment of 1857 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
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C ONTENTS Constitution of Connecticut (1818) Amendments of 1828 . . . Amendment of 1832 . . . . Amendments of 1836 . . . Amendment of 1838 . . . . Failed Amendment of 1839 Amendment of 1845 . . . . Failed Amendment of 1847 Amendments of 1850 . . . Amendment of 1855 . . . . Amendment of 1856 . . . .
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187 197 199 200 202 203 204 205 206 208 210
Declaration of Rights of Delaware (1776) Constitution of Delaware (1776) . . . . . Constitution of Delaware (1792) . . . . . Amendment of 1802 . . . . . . . . Failed Amendment of 1820 . . . . Constitution of Delaware (1831) . . . . . Failed Amendment of 1845 . . . . Failed Amendment of 1849 . . . . Amendment of 1855 . . . . . . . . Failed Amendment of 1855 . . . . Failed Amendment of 1857 . . . . Failed Amendment of 1859 . . . . Failed Constitution of Delaware (1853) . .
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211 213 221 236 237 243 262 263 264 265 266 267 269
Failed Constitution of Deseret (1849) . . . . . . . . . . . . . . . . . . . . . . . . . . 289 Failed Constitution of Florida (1812) Failed Constitution of Florida (1817) Constitution of Florida (1839) . . . First Amendment of 1847 . . Second Amendment of 1847 Amendment of 1848 . . . . . First Amendment of 1853 . . Second Amendment of 1853 Failed Amendment of 1853 . Failed Amendment of 1859 . First Amendment of 1861 . . Second Amendment of 1861
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297 303 307 327 329 330 331 333 334 336 337 338
Failed Constitution of the State of Franklin (1784) . . . . . . . . . . . . . . . . . . . 341 Failed Constitution of the State of Frankland (1785) . . . . . . . . . . . . . . . . . . 351 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361
6
Government without a constitution, is power without a right. Thomas Paine, Rights of Man, II, 1792
Foreword Today, constitutions are taken for granted as fundamental documents, the sine qua non of any legitimate political order. Whether this attitude is based on faith in self-evident truths or mere complacency, it tends to make questions about traditions, shared values, and historic evolution seem mute. Actually, they are most pertinent, and a closer inspection reveals that our heritage, for the establishment of which many have risked their lives, is far from being commonly accepted and securely enshrined, whether in (new) states that have only recently adopted constitutionalism, or in what may be styled the founding states of modern constitutionalism. In fact, this has never been the case, whatever governments may have said about how secure liberty would be under their authority. The long history of modern constitutionalism, from its beginnings in the American and French revolutions at the end of the eighteenth century until today, differs from one country to the next, always depending on how formidable the opposition to its maxims and the rejection of its basic principles have been and may continue to be. Over all, however, it has been a singular success story. No other political principle has become so universally accepted within the last two centuries as modern constitutionalism. But in spite of this resounding achievement, the history of modern constitutionalism is still unwritten – to be more precise, it is, purely and simply, unknown.
A major reason for this deplorable state of affairs is the widespread ignorance of the sources. At the beginning of the twentyfirst century, constitutions appear to be less readily consulted than in the nineteenth and early twentieth centuries, for a number of reasons. One of them is that, except for a small number of documents, which tend to be constantly reprinted, the texts are not easily available. Even the persistent scholar faces difficulties when trying to gain access to most of them, be it in their original form or in a reliable modern edition. This series has set itself the task of redressing this problem by publishing all constitutions and declarations of rights, including official but failed projects of this nature, that were drafted between 1776, the birth year of modern constitutionalism, and the end of 1849, a date marking – at least for many European countries – the end of the revolutionary biennium that represents a watershed in the evolution of modern constitutionalism. With only two exceptions, Hawaii and Liberia, these constitutions were written in Europe and the Americas. They will be published country by country, in authentic editions in their original official language, or languages, as the case may be. In addition to the print edition, The Rise of Modern Constitutionalism, 1776–1849, will also be available in an online digital edition at http://www.modernconstitutions.de. This site provides free access to digitized facsimiles of the original documents and manuscripts which may
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F OREWORD serve as a valuable complement to the critical editions (access to the online editions offering all the advantages of electronic databases requires a license). Additionally, securing a broad international reception of these hundreds of documents written in
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some twenty different languages will necessitate complementing these editions with corresponding volumes of English translations in the near future. Horst Dippel
Acknowledgments
Like constitutional government, an editorial project only comes into being by the people who enact and embody it in its diverse branches. I would like to express my thanks to the "citizens" of this project, who have devoted much of their time to getting the details of modern constitutionalism right: Dr. Thomas Clark, Margarita Cortés, Cornelis Kater, Miriam Leitner and Matthias Schneider dwelt on matters of editing, indexing, project management, document processing and communications with contributors. The nitty-gritty particulars of processing a bewildering array of constitutional documents were tackled by Florian Albert, Valérie Courtas, Juliane Güttich, Christian Mahnke, Marc Martin, Andrea Pristl, Ulrike Reinecke and Katja Werkmeister, while Angelika Ferrante provided secretarial skills.
I am grateful for once again being able to cooperate with the K. G. Saur Verlag, whose considerable experience with large-scale publishing ventures has greatly benefited this project. I would especially like to acknowledge the contribution of publishing manager Clara Waldrich and her staff: Dr. Wolfgang von Collas, Manfred Link, Dr. Christiane Raabe, all based in Munich, and Mathias Wündisch, in Leipzig. Generous funding by the Deutsche Forschungsgemeinschaft (German Research Foundation) made this edition possible in the first place. My sincere thanks go to the DFG, and in particular to Michael Schuster, for enthusiastically supporting a project of this scope in times when the humanities are generally experiencing severe financial constraints. Horst Dippel
9
Introduction American constitutions always sell. The statement is as old as the constitutions themselves and could easily have been made by Benjamin Franklin. Indeed, he was involved in the first collection of modern constitutions ever to be published. For obvious reasons, it had been American constitutions. Perhaps less obvious was that this pioneer collection first appeared in a French translation, and that it was not published in Philadelphia, but in Paris. From revolutionary times on, Americans have collected their constitutions and The American’s Guide became the most popular collection from the early nineteenth century up to the Civil War. After the Civil War and Reconstruction eras, it appeared to Congress that it was time to publish the entire wealth of U.S. constitutional history, or, as the commission ran, The Colonial Charters and Constitutions of the United States. Congress assigned this task to the U.S. Senate Clerk of Printing Records, Benjamin Perley Poore, who in 1877 published The Federal and State Constitutions in two volumes. About thirty years later, after the U.S. had transcended the boundaries of the continent during what came to be known as the Age of Imperialism and a number of new states had entered the Union, Congress passed an act in 1906 ordering a new compilation of The Federal and State Constitutions to be made. The accomplished constitutional historian Francis Newton Thorpe required seven volumes to carry out this commission. During the twentieth century, however, interest in constitutional documents subsided. When it slowly resurfaced in the decades of the Cold War, eminent constitutional historian William F. Swindler published his Sources and Documents of United States Constitu-
tions in the 1970s in ten volumes. These volumes broadened anew our access to the constitutional wealth and foundations of the country. In spite of these three master editions, more than most other countries can boast of, a new edition appears to be appropriate to meet the dramatic increase in interest in constitutions all over the world. The present edition is a manifestation of as well as an answer to this renewed interest, even though at first glance it may appear to fall short of its predecessors because its scope is restricted, covering only the period from the Revolution up to the outbreak of the Civil War. The absence of colonial charters, treaties, and acts of Congress enabling and admitting states into the Union may appear as another shortfall. These self-imposed limitations result from the fact that this project sets the United States in the much broader context of the global rise and evolution of modern constitutionalism. For reasons explained in the general introduction, the middle of the nineteenth century represents a logical break-off point for such a project, while its restriction to constitutions proper is called for as a matter of coherence in an international context. Within these limitations, however, this edition aspires to be more complete and more accurate than any of its predecessors. Following the Articles of Confederation and the Federal Constitution and their amendments, the documents are grouped by states in alphabetical order. The oldest document in the collection is the first constitutional document of the Revolution, the Constitution of New Hampshire of January 5, 1776. The collection ends with the secession crisis, the formal cut-off date being December 31, 1860, but there are some instances where a last amendment was pro-
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I NTRODUCTION posed or adopted to a constitution on its way of being rapidly replaced in 1861. Illustrating its enlarged perspective, the present volume of The Constitutional Documents of the United States contains a total of seventyfive documents, more than half of which have never been published before in any of the three previously printed collections. The present edition pursues three major aims in publishing these documents. Contrary to previous publications restricting themselves to adopted constitutional documents, this edition extends its range to include, for the first time, failed constitutions and amendments. Failed constitutions in this edition are understood as those documents which were prepared by a body properly authorized to draft a constitution, normally a convention, but which afterwards were not put into effect because they were rejected by the people or because the proposed state was not admitted to the Union at that particular time, or ever. Such states include Deseret, Franklin or Frankland, New Mexico in 1850 and others. Failed amendments are those which were adopted by Congress, though not subsequently ratified by the requisite number of states. In the case of state constitutions, failed amendments are understood to be those which fell one step short of ratification. In a two-tier system this means they were adopted by both houses of the legislature in the first instance but were not ratified on the second vote, as required, after an intervening election. In a three-tier system only those proposed amendments have been included which passed both houses of the legislature twice, but were finally rejected by the people – amendments proposed only once by both houses of the legislature, but not adopted by them on the second vote, thus never getting to the third stage, did not qualify for the status of a failed amendment. As records of a process of trial and error, these failed constitutional documents reveal key
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aspects of the constitutional discourse in those states whose constitutions opened up this avenue for constitutional evolution. The second major aim of the present edition is to publish these documents in the different languages that conventions, legislatures or other bodies thought it necessary to have them published in. The purpose of this was to allow ethnic minorities in the Union or particular states to acquire a better understanding of its constitution. These translations tell us more than most other documents about efforts and results of political and cultural integration of these minorities. As political expressions, they reflect mainstream ideas and party politics, but the manner in which these translations grapple with specific issues of the American political process and attempt to convey them to people from radically different political cultures is highly revealing, offering perspectives too frequently neglected in the general culture of constitutionalism. The third major aim concerns the editing of these documents. Regarding pre-Civil War documents Swindler seems to have decided that Poore was the reliable source to follow in most cases. Unfortunately, Poore was not a professional constitutional historian and pursued what appeared to him to be the most obvious course. He asked the Secretaries of State in the various states to send him their constitutional documents, and they responded, if at all, by sending the editions and publications easily at hand. Thorpe preferred not to rely on these random sources, mostly printing from what appeared to him to be reliable editions which were generally published in the second half of the nineteenth century. The present edition has chosen a more historical-critical approach. Constitutions and declarations of rights are published on the basis of the sometimes exceedingly rare original printings of the authorized state or convention printers almost without exception. This
I NTRODUCTION may be the first separate printing of the constitution or of the convention journal. It is not a matter of a priori evidence, which of these two publications really was the first one. Ideally, both publications have been taken into account. Whenever possible the original official print was checked against what may be called the original manuscript, which in most cases is the engrossed manuscript. Unfortunately, these original manuscripts have not always survived. With rare exceptions, amendments were edited according to the text as published in the state Session Laws. For matters of convenience, however, the edited text is restricted to the constitutional stipulations proper, excluding the procedural parts normally contained in these acts of amendment. Finally, these original versions of constitutions and amendments have been checked against special, modern or standard editions to assess their reliability when appropriate. In all these cases, spelling, capitalization, and punctuation with all its inconsistencies strictly follow the original source, such as the manuscript, whenever it was the basis of the edition, or the original print. The basic idea of this editorial policy is to publish authentic editions providing, whenever possible, a text as it was composed by its authoring body. This is a great desideratum in view of existing collections which almost never use original sources and are full of errors – mostly minor, but some so substantial as to completely change the meaning of a clause – and of omissions that often tend to obscure the meaning of a section or an article. Whoever ventures to scrutinize them carefully will easily discover that most of the pre-Civil War documents contained in previous collections are hardly reliable. More than just a question of authenticity, this is also one of inclusion and completeness. The amount of new material in the present edition is not only due to the fact that it includes failed documents and for-
eign language publications. It is also a consequence of the amazing number of adopted amendments which have never appeared in any of the previous collections. In fact, even state compilations of adopted amendments may not necessarily be complete or accurate. Judging from the perspective of the amending process, our knowledge of state constitutional development is far from adequate and it is the aim of the present edition to narrow these gaps. Collecting and editing these documents was only made possible thanks to the help and assistance of numerous people in archives and libraries throughout the country, and elsewhere. The American Antiquarian Society, Harvard University Libraries, Historical Society of Pennsylvania, John Carter Brown Library, Library Company of Philadelphia, Library of Congress, Newberry Library, and Yale University Libraries are only some of those depositories which were always ready to contribute material from their outstanding holdings. Jane Fitzgerald (National Archives and Records Administration, Washington, D.C.), Miriam Gan-Spalding (Florida State Archives, Tallahassee, FL), Randy L. Goss (Delaware Public Archives, Dover, DE), Wendy Richter and Russell Baker (Arkansas State Archives, Little Rock, AR), Mel Smith and Denise Jernigan (Connecticut State Library, Hartford, CT), and Genevieve Troka (California State Archives, Sacramento, CA), readily provided material and answered questions. To all of them, I wish to express my sincere thanks. Taylor Fitchett of the University of Virginia Law Library at Charlottesville, VA deserves particular thanks for generously providing a most productive working atmosphere and for unfailing assistance. I am happy to extend very special thanks to Elmar Mittler and the staff of the Göttingen University Library for providing material and working together over countless years. Advice,
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I NTRODUCTION assistance, and help in numerous and always most welcome ways was offered by James G. Cusick, Norman S. Fiering, Brandon Haynes, Dick A. E. Howard, Marc W. Kruman, and Gordon S. Wood. Chris Brooks and Tom Clark were most helpful in letting the introduction and notes appear in proper English. Margarita Cortés Suárez, Valérie Courtas, Miriam Leitner, and Matthias Schneider tended to the manuscript in its different stages, while Katja Werkmeister provided the index. In their different ways, they all contributed to effectuating this edition, though none of them shares any responsibility for the mistakes and errors I may have made. Without Gudrun this edition would never have been possible; words are too meager to express my gratitude to her.
Select Bibliography G ENERAL SOURCES P OORE, Benjamin Perley (ed.), The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, 2 vols., 2nd ed., Washington, D.C.: Government Printing Office, 1878. T HORPE, Francis N. (ed.), The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies, now and heretofore Forming the United States of America, 7 vols., Washington, D.C.: Government Printing Office, 1909. S WINDLER, William F. (ed.), Sources and Documents of the United States Constitutions, 10 vols., Dobbs Ferry, NY: Oceana Publications, 1973–1979. G ENERAL L ITERATURE A DAMS, Willi Paul, The First American State Constitutions. Republican Ideology and the Making of the State Constitutions in
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the Revolutionary Era, Exp. ed., Lanham, MD: Rowman & Littlefield, 2001. C URRIE, David P., The Constitution in Congress: The Federalist Period, 1789– 1801, The Jeffersonians, 1801–1829, Democrats and Whigs, 1829–1861, 3 vols., Chicago and London: University of Chicago Press, 1997–2005. F EHRENBACHER, Don E., Sectional Crisis and Southern Constitutionalism, Baton Rouge and London: Louisiana State University Press, 1995. F INKELMAN Paul and Stephen E. G OTTLIEB (eds.), Towards a Usable Past. Liberty Under State Constitutions, Athens and London: University of Georgia Press, 1991. G REEN, Fletcher M., Constitutional Development in the South Atlantic States, 1776–1860. A Study in the Evolution of Democracy, Chapel Hill, NC: University of North Carolina Press, 1930. H ALL, Kermit L. and James W. E LY, Jr. (eds.), An Uncertain Tradition. Constitutionalism and the History of the South, Athens and London: University of Georgia Press, 1989. J OHNSON, David Alan, Founding the Far West. California, Oregon, and Nevada, 1840–1890, Berkeley, Los Angeles, Oxford: University of California Press, 1992. K NUPFER, Peter B., The Union As It Is. Constitutional Unionism and Sectional Crisis, 1787–1861, Chapel Hill and London: University of North Carolina Press, 1991. K RUMAN, Marc W., Between Authority and Liberty: State Constitution Making in Revolutionary America, Chapel Hill and London: University of North Carolina Press, 1997. L UTZ, Donald S., The Origins of American Constitutionalism, Baton Rouge, LA: Louisiana State University Press, 1988. L UTZ, Donald S., Popular Consent and Popular Control. Whig Political Theory in the Early State Constitutions, Baton Rouge
I NTRODUCTION and London: Louisiana State University Press, 1980. M C H UGH, James T., Ex Uno Plura. State Constitutions and Their Political Cultures, Albany, NY: State University of New York Press, 2003. S CALIA, Laura J., America’s Jeffersonian Experiment. Remaking State Constitutions 1820–1850, De Kalb, IL: Northern Illinois University Press, 1999. S CHWARTZ, Bernard, From Confederation to Nation. The American Constitution, 1835–1877, Baltimore and London: Johns
Hopkins University Press, 1973. TARR, G. Alan, Understanding State Constitutions, Princeton and Oxford: Princeton University Press, 1998. W OOD, Gordon S., The Creation of the American Republic, 1776–1787, Chapel Hill, NC: University of North Carolina Press, 1969. Note on electronic sources: all documents located on the Internet, which were used in the process of editing this volume, were accessed during January 2006.
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Constitutional Documents of the United States of America 1776–1860
National Constitutions
Articles of Confederation (1777)
Artikel des Bundes (1777)
Articles of Confederation and perpetual Union between the States of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia1
Artikel des Bundes Und der Immerwährenden Eintracht zwischen den Staaten von Neu-Hampschire, Massachusetts-Bay, Rhode-Eyland und Providence Plantagen Connecticut, Neu-Yorck, Neu-Jersey, Pennsylvanien, Delaware, Maryland, Virginien, Nord-Carolina, Sud-Carolina, und Georgien. Aus dem Englischen Uebersetzt1
T O ALL TO WHOM these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting. Whereas the Delegates of the United States of America in Congress assembled did on the fifteenth day of November in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America agree to certain articles of Confederation and perpetual Union between the States of Newhampshire, Massachusettsbay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia in the Words following, viz. Articles of Confederation and perpetual
ARTIKEL DES BUNDES etc. etc.
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U NITED S TATES OF A MERICA Union between the States of Newhampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, NewYork, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, SouthCarolina and Georgia.2 A RT. I. The Stile of this confederacy shall be “T HE U NITED S TATES of A MER ICA .”
I. A RT. Der Name dieser Bundes-Genossenschaft2 soll seyn:“Die Vereinigten Staaten von America.”
A RT. II. Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.
II. A RT. Jeder Staat behält seine unbeschränkte Macht3 , Freyheit und Unabhängigkeit und alle Gewalt, und Botmäßigkeit4 und Recht, welches durch diesen Bund denen Vereinigten Staaten im Congreß versamlet, nicht ausdrücklich zuerkant worden.
A RT. III. The said states hereby severally enter into a firm league of friendship with each other, for their common defence, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever.
III. A RT. Die genanten Staaten und jeder Staat insonderheit, treten hiermit unter einander zu ihrer gemeinschaftlichen Vertheidigung, Sicherheit ihrer Freyheiten, wechselseitigen und algemeinen Wohlfahrt in einen vesten Freundschafts-Bund, und verbinden sich einander gegen alle drohende Gewalt, oder gegen die, auf sie, oder einem derselben gemachten Angriffe wegen der Religion, Oberherrschaft5 , Handlung oder unter einigen andern Vorwande, es habe Namen wie es will, beyzustehen.
A RT. IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively, provided that such restriction3 shall not extend so far as to prevent the removal of property imported into any state, to any other state of which the
IV. A RT. Um die wechselseitige Freundschaft und Gemeinschaft unter den Bewohnern der unterschiedlichen Staaten in diesem Bunde desto sicherer zu stellen und beständig zu machen, so sollen die freyen Einwohner eines jeden dieser Staaten, Bettler, Landstreicher und Flüchtlinge von diesem Rechte6 ausgenommen, Anspruch auf alle Privilegien und Vorrechte freyer Bürger der verschiedenen Staaten haben: und die Personen eines jeden Staats sollen einen freyen Ein- und Ausgang in und aus einem andern Staate haben, sollen aller Privilegien der Handlung und des Gewerbes genießen, und eben der Abgaben, Auflagen und Einschränckungen, wie die jedweden Einwohner desselbigen, unterworfen seyn, doch
20
A RTICLES OF C ONFEDERATION (1777) Owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any state, on the property of the united states, or either of them.
so, daß dergleichen Einschränckung sich nicht so weit erstrecke, daß das in einigen Staat importirte Eigenthum, in einigen andern Staat, wovon der Eigner ein Bewohner ist, nicht könte weggeführt werden; ferner auch, daß das Eigenthum der Vereinigten oder eines jeden Staats insonderheit keiner Auflage, Abgabe oder Einschränckung unterworfen seyn soll.
If any Person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from Justice, and be found in any of the united states, he shall upon demand of the Governor or executive power, of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence.
Wenn einige Person, in einem Staate, welche des Hochverraths, Diebstals oder einer andern großen Uebelthat schuldig ist, oder als schuldig angegeben wird, dem Gerichte entfliehen und in einigem der Staaten solte gefunden werden, so soll sie auf Begehren des Governeurs, oder der Regierenden Herrschaft7 ausgeliefert und in den Staat gebracht werden, welcher das Urtheil über solche That zu fällen hat.
Full faith and credit shall be given in each of these states to the records, acts and judicial proceedings of the courts and magistrates of every other state.
In einem jeden dieser Staaten soll eine völlige Zuversicht und Vertrauen auf die Registraturen, Acten und gerichtlichen Unternehmungen der Gerichte und MagistratsPersonen eines jeden andern Staats gesetzt werden.
A RT. V. For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.
V. A RT. Um das algemeine Intereße der Vereinigten Staaten desto bequemer zu betreiben, so sollen jährlich Abgeordnete, auf die Weise wie die gesetzgebende Macht8 eines jeden Staats für gut befindet, erwählet werden, um alle Jahr, den ersten Montag im November, im Congreß zu erscheinen, wobey jeder Staat die Macht behält, seine Abgeordneten oder einigen derselben, zu einiger Zeit innerhalb des Jahres zurück zu rufen, und andere für den Ueberrest des Jahrs in ihren Platz zu senden.
No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which
Kein Staat soll im Congreß durch weniger als Zwey, aber auch nicht durch mehrere als sieben Glieder representirt werden; und es soll keine Person, in einigem Zeitpuncte von Sechs Jahren, tüchtig erkant werden, länger ein Abgeordneter zu seyn, als nur auf drey Jahr; so soll auch keine Person, während sie
21
U NITED S TATES OF A MERICA he, or another4 for his benefit receives any salary, fees or emolument of any kind.
ein Abgeordneter ist, tüchtig seyn, einiges Amt unter den Vereinigten Staaten zu bekleiden, für welches sie oder einige andere Person zu ihrem Nutzen einiges Salarium, Bezahlung oder einigen andern Vortheil erhält.
Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states.
Jeglicher Staat soll seine eigenen Abgeordneten in der Versamlung der Staaten unterhalten, und so lange dieselben als Glieder der Committee der Staaten beschäftiget sind.
In determining questions in the united states, in Congress assembled, each state shall have one vote.
Wenn in denen Vereinigten Staaten, im Congreß versamlet, Fragen zu bestimmen sind, so soll jeder Staat eine Stimme haben.
Freedom of speech and debate in Congress shall not be impeached or questioned in any Court, or place out of Congress, and the members of congress shall be protected in their persons from arrests and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.
Die Freyheit der Rede oder Verhandlung im Congreß soll nicht in einigem Gerichte, oder Orte außer dem Congreße beurteilt oder untersucht werden, und die Glieder des Congreßes sollen in ihren Personen während ihres zu und abgehens und der beywohnung im Congreß, vor Arrest und Gefangensetzung beschützet werden, Hochverrath, Diebstal und Aufruhr9 ausgenommen.
A RT. VI. No state without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.
VI. A RT. Kein Staat soll, ohne Erlaubniß der Vereinigten Staaten im Congreß versamlet, einige Gesandschaft senden, oder einige Gesandschaft empfangen, oder einige Conferentz, Vergleichung, Verbindung oder Tractat mit einigem Könige, Prinzen oder Staat halten; so soll auch keine Person, welche einiges Amt, Profit oder Bedienung10 unter den Vereinigten Staaten oder einem derselben hat, einiges Geschenck, Vortheil, Amt oder Titel einigerley Art von einigem Könige, Prinzen oder auswärtigen Staate annehmen; es sollen auch die Vereinigten Staaten im Congreß versamlet, ja keiner derselben einigen Titul oder Adel11 ertheilen.
No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the
Es sollen keine zwey Staaten oder mehrere mit einander in keinerley Tractat, Verbündniß oder Bund treten, ohne Erlaubniß der Vereinigten Staaten im Congreß versamlet, da alsdenn zugleich der Zweck eines sol-
22
A RTIKEL DES B UNDES (1777) same is to be entered into, and how long it shall continue.
chen Bundes, und wie lange derselbe dauren soll, genau muß angezeigt werden.
No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.
Es soll kein Staat einigerley Auflagen und Schatzung auflegen, welche den Verträgen der Tractaten12 zuwider wäre, in welche die Vereinigten Staaten im Congreß versamlet mit einigem Könige, Prinzen oder Staate treten mögten, zufolge der Tractaten welche denen Höfen von Franckreich und Spanien durch den Congreß schon sind vorgeschlagen worden.
No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
Es sollen keine Kriegesschiffe in einigem Staate zur Friedenszeit gehalten werden, ausgenommen eine solche Anzahl nur, als von den Vereinigten Staaten im Congreß versamlet für nöthig zur Beschützung eines solchen Staats, oder seiner Handlung gehalten wird; so soll auch keine Kriegsmacht durch einigen Staate zur Friedenszeit gehalten werden, ausgenommen eine solche Anzahl nur, welche nach den Urteil der Vereinigten Staaten im Congreß versamlet, für hinreichend erkant wird, die zur Beschützung eines solchen Staats nöthigen Festungen zu besetzen; es soll aber jeder Staat zu aller Zeit eine wohl regulirte und disciplinirte Militz unterhalten, welche hinreichend bewafnet und ausgerüstet ist, und soll sich versehen und zum Gebrauch beständig eine hinreichende Anzahl von Feldstücken und Zelten, und eine schickliche Quantität von Waffen, Kriegsvorrathe und Feld-Bedürfnißen in öffentlichen Magazienen fertig halten.
No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay, till the united states in congress assembled can be consulted: nor shall any state grant commissions to any
Es soll kein Staat einigerley Krieg ohne Zustimmung der Vereinigten Staaten im Congreß versamlet, anfangen, ausgenommen es würde ein solcher Staat würcklich von dem Feinde angefallen, oder er hätte Nachricht erhalten, daß durch einige Indianer Nationen der Schluß gefaßt worden, in einen solchen Staat einzudringen, und wenn die Gefahr so nahe ist, daß sie keinen Aufschub leidet, biß die Vereinigten Staaten im
23
U NITED S TATES OF A MERICA ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled shall determine otherwise.
Congreß versamlet, darüber befragt werden können; es soll auch kein Staat einem Schiffe oder Kriegsschiffe Commissionen ertheilen,13 ausgenommen nach einer durch die Vereinigten Staaten im Congreß versamlet, geschehener Kriegserklärung, und alsdann nur gegen dasjenige Königreich oder Staat und die Unterthanen derselbigen, gegen welche der Krieg ist erklärt worden, und auch unter solchen Regulationen, welche durch die Vereinigten Staaten im Congreß versamlet, festgesetzt sind, ausgenommen es würde ein socher Staat durch Seeräuber beunruhiget, in welchem Falle Kriegsschiffe zu solchem Gebrauche mögen ausgerüstet und so lange gehalten werden, als die Gefahr dauret, oder biß die Vereinigten Staaten im Congreß versamlet, es anders beschliessen.
A RT. VII. When land-forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appointment.
VII. A RT. Wenn eine Landmacht durch einigen Staate zur gemeinen Vertheidigung aufgebracht wird, so sollen alle Officier von oder unter dem Range eines Obristen durch die gesetzgebende Macht14 eines jeglichen Staats bestimt werden, durch welchen dergleichen Macht aufgebracht wird, oder auf die weise wie ein solcher Staat für gut befindet, und alle leere Plätze sollen durch den Staat, welcher zuerst die Bestimmung besorgte, aufgefüllet werden.
A RT. VIII. All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within
VIII. A RT. Alle Krieges und übrige Kosten, welche wegen der gemeinen Vertheidigung oder Wohlfahrt gemacht werden, und durch die Vereinigten Staaten im Congreß versamlet, erlaubt worden sind, sollen aus dem gemeinen Schatze abgetragen werden, welcher durch die verschiedenen Staaten unterhalten, und zwar nach Proportion aller Ländereyen, so in einem solchen Staate einiger Person erlaubt oder gemessen worden sind, und wie die Landgebäude und Verbesserungen auf demselben, auf die weise werden geschätzet werden, als die Vereinigten Staaten im Congreß versamlet von Zeit zu Zeit bestimmen und anordnen werden. Die Auflagen, diese Proportion zu bezah-
24
A RTICLES OF C ONFEDERATION (1777) the time agreed upon by the united states in congress assembled.
len, sollen durch die Auctorität und Anweisung der gesetzgebenden Mächte15 , aufgelegt und und innerhalb der Zeit eingesamlet werden, worüber sich die Vereinigten Staaten im Congreß versamlet, verglichen haben.
A RT. IX. The united states in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article – of sending and receiving ambassadors – entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever – of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united states shall be divided or appropriated – of granting letters of marque and reprisal in times of peace – appointing courts for the trial of piracies and felonies committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.
IX. A RT. Die Vereinigten Staaten im Congreß versamlet, sollen das einige und alleinige Recht und Gewalt haben Frieden und Krieg zu machen, ausgenommen in denen Fällen, welche in den VIten Artikel gemeldet worden – Abgesandten zu schicken oder anzunehmen – Tractaten und Allianzen zu schliessen, unter der Bedingung, daß kein Handlungs-Tractat soll geschlossen werden, wobey die gesetzgebende Macht der jedweden Staaten eingeschränckt würde, fremde mit solchen Abgaben und Auflagen zu belegen, welche ihre eigene Unterthanen zu zahlen angehalten werden, oder die Ausfuhr und Einfuhr von einigen Gütern oder Bequemlichkeiten, es habe Namen wie es wolle, zu verhindern – Regeln festzusetzen, nach welchen in allen Vorfallenheiten zu entscheiden, welche Eroberungen zu Lande oder zu Wasser gesetzmäßig, und wie diejenigen Preise, welche durch eine Land- oder Seemacht in Diensten der Vereinigten Staaten, gemacht werden, zu theilen und zuzuerkennen sind –16 Gerichte zu veranstalten, Seeräubereyen und Diebstähle17 auf der Hohen See verübt, zu beurteilen, wie auch alle Appellationen wegen solcher Preise18 anzunehmen und ein entscheidendes Urtheil darüber zu fällen, doch so, daß kein CongreßGlied als Richter in einigen dergleichen genanten Gerichten darf ernant werden.
The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative
In allen Streitigkeit und Uneinigkeiten welche jetzt sind, oder in Zukunft zwischen zweyen oder mehreren Staaten wegen den Grentzen, Gerichtsbarkeit oder einigen andern Dinge entstehen mögten, sollen die Vereinigten Staaten im Congreß versamlet, die letzten seyn, an welche man deßwegen appelliren kan. Welche Auctorität allezeit
25
U NITED S TATES OF A MERICA or executive authority or lawful agent of any state in controversy with another shall present a petition to congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without shewing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among
26
auf folgende Weise soll ausgeübt werden. So oft die gesetzgebende oder Regierende Auctorität oder gesetzmäßiger Agente eines mit einem andern im Streite verwickelten Staates dem Congreß eine Bittschrift vorlegt, in welcher der Streitpunct erzehlet und um ein Verhör angehalten wird, so soll deßwegen auf Befehl des Congreßes der gesetzgebenden regierenden Auctorität19 des andern im Streite verwickelten Staates, Nachricht gegeben, und ein Tag bestimt werden, an welchem die Partheyen in ihrem gesetzmäßigen Agenten erscheinen sollen, denen alsdenn obliegt mit verbundener Genehmigung20 Commissarien und Richter zu bestimmen, ein Gericht zu veranstalten, um die Streitfrage zu verhören und ein Urtheil darüber zu fällen: Solten diese aber nicht einig werden können, so soll der Congreß drey Personen aus einem jeden der Vereinigten Staaten ernennen, und von der Liste solcher Personen soll jede Parthey abwechselnd einen ausstreichen, die bittenden machen den Anfang, bis von der Nummer nur noch dreyzehn übrig sind; und von dieser anzahl sollen nicht weniger als sieben, und nicht mehr als neun Namen, wie es der Congreß verordnen wird, im Gegenwart desselbigen durch ein Looß herausgezogen werden, und die Personen, deren Namen auf diese Weise sind gezogen worden, oder fünfe derselben, sollen Commissarien oder Richter seyn die Streitpunkte zu verhören und ein entscheidendes Urtheil zu fällen, allezeit so, als die meisten Richter, welche die Sache abgehöret, in der Entscheidung übereinstimmen werden: Und wenn eine von den beyden Partheyen vernachläßiget auf den bestimten Tag zu erscheinen, ohne daß sie solche Ursachen deßwegen angiebt, welche vom Congreß als hinreichend erkläret werden, oder, wenn sie gegenwärtig ist, sich wegert beyzustimmen, so soll der Congreß fortfahren drey Personen aus einem jeden Staate zu benennen, und der Secretarius des Congreßes soll anstatt einer solchen abwe-
A RTIKEL DES B UNDES (1777) the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward:” provided also that no state shall be deprived of territory for the benefit of the united states.
senden und sich wegernden Parthey beystimmen; und das Urtheil und Sententz, des auf die vorhin beschriebene Art zu verordneten Gerichtes, soll gültig und entscheidend seyn: und wenn sich einige Parthey wegert, der Auctorität eines solchen Gerichts unterwürfig zu seyn, oder zu erscheinen oder ihre Klage oder Sache zu vertheidigen, so soll das Gericht dem ohngeachtet fortfahren Urtheil und Recht zu sprechen, welches auf gleiche Weise gültig und entscheidend seyn soll, das Urtheil, Recht und andere Verhandlungen müssen in beyderley Fällen dem Congreße übergeben, und zur Sicherung der Partheyen, die es betrift, unter denen Acten des Congreßes aufbehalten werden: Mit der Bedingung, daß jeder Commissarius, ehe er seinen Platz im Gerichte nimt, bey einem Richter des höchsten oder höhern Gerichts, desjenigen Staats, in welchem die Sache ausgemacht wird, schweren soll, “Die Streitfrage genau und aufrichtig, nach seiner besten Einsicht, ohne Gunst, Zuneigung oder Hofnung einer Belohnung, abzuhören und zu entscheiden:” Ferner auch unter der Bedingung, daß keinem Staate seine Ländereyen zum Nutzen der Vereinigten Staaten sollen entwandt werden.
All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.
Alle Streitigkeiten welche das privat Recht eines Stück Landes betreffen, auf welches wegen unterschiedlichen Privilegien zweyer oder mehrerer Staaten Anspruch gemacht wird, deren Gerichtsbarkeit in so fern sie sich auf dergleichen Ländereyen beziehen, und die Staaten, welche dergleichen Rechte ertheilet, eingerichtet sind, wenn auf dergleichen Rechte zugleich als solche Anspruch gemacht wird, daß sie vor der Einrichtung der Gerichtsbarkeit eines solchen Staats gegeben worden, solche Streitigkeiten sollen, wenn durch eine der Parteyen darum angehalten wird, durch den Congreß der Vereinigten Staaten auf eine entscheidende Art beygelegt werden, auf eben die, so fern als mögliche, Weise, welche von dem
27
U NITED S TATES OF A MERICA Congreß vorher in Absicht der Beylegung solcher Streitigkeiten der Landes Gerichtsbarkeit zwischen den verschiedenen Staaten ist vorgeschrieben worden. The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states – fixing the standard of weights and measures throughout the united states – regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated – establishing and regulating post-offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro’ the same as may be requisite to defray the expences of the said office – appointing all officers of the land forces, in the service of the united states, excepting regimental officers – appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states – making rules for the government and regulation of the said land and naval forces, and directing their operations.
Die Vereinigten Staaten im Congreß versamlet, sollen auch das einige und alleinige Recht und Gewalt haben die Mischung und Werth des, durch ihre eigene Auctorität oder der unterschiedlichen Staaten, geschlagenen Geldes zu reguliren – Die Standarte des Gewichts und Maases in allen Vereinigten Staaten festzusetzen – Die Handlung und Betreibung aller Affairen mit den Indianern, welche keine Mitglieder eines oder des andern Staates sind, zu reguliren, doch so, daß dem regierenden Rechte21 eines oder des andern Staats innerhalb seiner Grentzen nicht nahe getreten oder verletzet werde – Das Postwesen von einem Staate zum andern, durch alle Vereinigten Staaten aufzurichten und zu reguliren, – und so viel Postgeld von denen Briefschaften zu ziehen, welche mit demselben geschickt werden, als nöthig ist die Unkosten des genanten Amtes zu bestreiten – Alle Officier der Landmächte22 in dem Dienste der Vereinigten Staaten, zu bestimmen, die Regiments-Officier ausgenommen – Alle Officier der Seemacht23 zu bestimmen, und an alle Officiere, sie seyn welche sie wollen, in dem Dienste der Vereinigten Staaten die Commißionen zu ertheilen – Regeln zur Regierung und Einrichtung der genanten Land und Seemächte24 vorzuschreiben und ihre Operationen zu dirigiren.
The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated “A Committee of the States,” and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction – to appoint one of their number to preside, provided that no person be allowed to serve in the office of
Die Vereinigten Staaten im Congreß versamlet, sollen die Macht haben, eine Committee zu bestimmen, welche in ihrer Abwesenheit25 die Geschäfte betreiben und “Eine Committee der Staaten” genant werden, und aus einem Abgeordneten von jedem Staate bestehen soll; und andere dergleichen Committeen und civil Beamten zu bestellen, als für nöthig erachtet werden, die algemeinen Geschäfte der Vereinigten Staaten unter ihrer Aufsicht zu betreiben – Einen aus ihrer
28
A RTICLES OF C ONFEDERATION (1777) president more than one year in any term of three years; to ascertain the necessary sums of Money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expences – to borrow money, or emit bills on the credit of the united states, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted – to build and equip a navy – to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state; which requisition shall be binding, and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and cloath, arm and equip them in a soldier like manner, at the expence of the united states, and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed and equipped, shall march to the place appointed, and within the time agreed on by the united states in congress assembled.
Mitte zu bestimmen, den Vorsitz zu haben, mit dem Bedinge, daß niemanden erlaubt sey, die Stelle eines Presidenten länger als ein Jahr, in Drey Jahren zu bekleiden; die nöthigen Geldes-summen zu bestimmen, welche zum Dienste der Vereinigten Staaten aufzubringen, und solche zur Abtragung der öffentlichen Unkosten anzuwenden – Geld zu borgen, oder Bille auf den Credit der Vereinigten Staaten zu verfertigen, wovon alle halbe Jahr an die jedweden Staaten eine Rechnung der geborgten und verfertigten Geldes-summen zu überschicken ist, - Eine Flotte zu bauen und auszurüsten – Die Anzahl der Landmächte26 zu bestimmen und eines jeglichen Staats gebührenden Antheil in Proportion der meisten Bewohner27 eines solchen Staats zu fordern; welche Forderung verbindlich seyn soll, und wornach die gesetzgebende Macht28 eines jeglichen Staats Regiments-Officier bestimmen, die Mannschaft aufbringen, dieselbe kleiden, bewafnen und nach Soldaten-manier, auf die Kosten der Vereinigten Staaten ausrüsten soll; und die so gekleideten, bewafneten und ausgerüsteten Officier und Mannschaft sollen auf den bestimten Ort, innerhalb der, durch die Vereinigten Staaten im Congreß versamlet, angezeigten Zeit marschieren: Solten aber die Vereinigten Staaten im Congreß versamlet, durch Ueberlegung der Umstände bewogen werden, einem Staate keine Mannschaft oder eine geringere Anzahl aufbringen zu lassen, als sein ihm zuerkanter Antheil ausmacht, und daß ein anderer Staat eine größere Anzahl von Mannschaft, als der zuerkante Antheil desselben ausmacht, aufbringen müßte, so soll ein solche ausserordentliche Anzahl aufgebracht, mit Officieren versehen, bekleidet, bewafnet und auf eben die Weise ausgerüstet werden, als der zuerkante Antheil eines solchen Staates, ausgenommen die Regierung29 eines solchen Staats solte glauben, daß eine solche ausserordentliche Anzahl nicht sicher in demselben könte entübriget
29
U NITED S TATES OF A MERICA werden, in welchem Falle dieselbe so viele von dieser ausserordentlichen Anzahl von Mannschaft aufbringen, mit Officieren versehen, kleiden, bewafnen und ausrüsten soll, als sie glaubt sicher entübrigen zu können. Und die Officier und auf die Weise gekleidete, bewafnete und ausgerüstete Mannschaft, soll an den bestimten Ort und binnen der, von den Vereinigten Staaten im Congreß versamlet, bestimten Zeit marschieren. The united states in congress assembled shall never engage in a war, nor grant letters of marque and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in congress assembled.
Die Vereinigten Staaten im Congreß versamlet, sollen nie einen Krieg anfangen oder zu Friedens-zeit Commißionen für Caper ausgeben30 , oder in einigerley Tractaten oder Allianzen treten, noch Geld schlagen, oder den Wehrt desselben reguliren, oder die Summen und nöthigen Kosten zur Vertheidigung und Wohlfahrt der Vereinigten Staaten, oder einem derselben bestimmen, oder Bille ausgehen lassen31 , oder Geld auf den Credit der Vereinigten Staaten zu borgen, oder Geld zuzueignen, oder sich vergleichen wegen der Anzahl der Kriegs-schiffe so zu bauen oder zu kaufen oder der Land und Seemächte32 so aufzubringen, oder einen Generalißmum der Armee oder Flotte zu bestimmen, ausgenommen Neun Staaten geben ihren Beyfall dazu; so soll auch keine einzige andere Frage über einigen andern Punkt, ausgenommen wegen der Wiederzusammenkunft von Tage zu Tage, ausgenommen durch die Mehrheit der Stimmen, der Vereinigten Staaten im Congreß versamlet, ausgemacht werden.
The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secresy; and the yeas and nays of the delegates of each state on any question shall be
Der Congreß der Vereinigten Staaten soll die Macht haben, auf einige Zeit innerhalb des Jahres, und an einigen Orte33 innerhalb der Vereinigten Staaten zusammen zu kommen, so daß kein Zeitraum der Zusammenkunft34 länger als sechs Monathe daure, und sollen das Tagebuch ihrer Verrichtungen monathlich publiciren, ausgenommen solche Theile desselbigen, welche Tractaten, Allianzen oder Kriegs-Operationen betreffen, welche nach ihrem Urtheil heimlich zu hal-
30
A RTIKEL DES B UNDES (1777) entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any or them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.
ten sind; und die bejahende und verneinende Stimmen der Abgeordneten eines jeden Staats, sollen über einigen Puncte in dem Tagebuch angemercket werden, wenn solches von einem der Abgeordneten verlangt wird; und die Abgeordneten eines Staats, oder einer derselbigen, sollen auf sein oder ihr Begehren mit einer Abschrift des genanten Tagebuches versehen werden, die Theile ausgenommen, welche oben bemerckt worden, dieselben den Regierungen35 der verschiedenen Staaten vorzulegen.
A RT. X. The committee of the states, or any nine of them, shall be authorised to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite.
X. A RT. Die Committen der Staaten, oder einige Neune derselbigen, sollen während der Abwesenheit des Congreßes bevolmächtigt seyn, solcher Macht des Congreßes sich zu bedienen, als Neun Staaten von Zeit zu Zeit für gut befinden, ihnen anzuvertrauen; unter der Bedingung, daß der genanten Committee keine Gewalt übergeben werde, zu deren Ausübung nach denen Bundes-Artikeln, die Stimme von Neun Staaten im Congreß der Vereinigten Staaten versamlet, erforderlich ist.
A RT. XI. Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.
XI. A RT. Solte Canada diesem Bunde beytreten und sich mit den Maasregeln der Vereinigten Staaten vereinigen, so soll es in denselben aufgenommen werden, und einen Antheil an allen Vorrechten des Bundes haben: Allein keine andere Colonie soll in denselben zugelassen werden, ausgenommen dergleichen Zulassung wird durch Neun Staaten für gut befunden.
A RT. XII. All bills of credit emitted, monies borrowed and debts contracted by, or under the authority of congress, before the assembling of the united states, in pursuance of the present confederation, shall be deemed and considered as a charge against the united states, for payment and satisfaction whereof the said united states, and the public faith are hereby solemnly pledged.
XII. A RT. Alle durch die Auctorität des Congreßes gangbar gemachten Credit-bille, geborgtes Geld oder gemachte Schulden, ehe die Vereinigten Staaten kraft dieses gegenwärtigen Bundes sich versamleten, soll denen genanten Vereinigten Staaten als ihre Schuld die sie zu bezahlen, angerechnet und so betrachtet werden, so daß alle Staaten sich hiemit dafür verbürgen36 .
A RT. XIII. Every State shall abide by the determinations of the united states in
XIII. A RT. Bey den Bestimmungen der Vereinigten Staaten im Congreß, soll es in
31
U NITED S TATES OF A MERICA congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of every state.5
allen Fragen, welche nach diesem Bunde denenselben vorgelegt werden, in allen Staaten verbleiben37 . Und die Artikel dieses Bundes sollen bey einem jeden Staate unverbrüchlich beobachtet werden, und die Union soll immerwährend seyn; auch soll keine Veränderung in Zukunft in einigem derselben, zu keiner Zeit gemacht werden; ausgenommen, dergleichen Veränderungen würde im Congreße der Vereinigten Staaten für gut befunden, und darauf durch die Regierungen38 jedes Staats genehmigt.
A ND W HEREAS it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in congress, to approve of, and to authorize us to ratify the said articles of confederation and perpetual union. K NOW Y E that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and cofirm each and every of the said articles of confederation and perpetual union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the united states in congress assembled, on all questions, which by the said confederation are submitted to them. And that the articles thereof shall be inviolably observed by the states we re[s]pectively represent, and that the union shall be perpetual. I N W ITNESS whereof we have hereunto set our hands in Congress. D ONE at Philadelphia in the state of Pennsylvania the ninth Day of July in the Year of our Lord one thousand seven Hundred and Seventy-eight, and in the third year of the independence of America.
Diese Artikel sollen denen Regierungen39 aller Vereinigten Staaten zu ihrer Beurtheilung vorgelegt werden / und wenn sie dieselben gut heißen / so werden sie ersucht ihre Abgeordnete zu bevolmächtigen / dieselben im Congreß der Vereinigten Staaten zu ratificiren; und wenn diß geschehen / so sollen dieselben als festgesetzt angesehen seyn.
On the part & behalf of the State of Delaware
32
⎧ ⎨ Tho. M’Kean Feby. 12th 1779 John Dickinson May 5th 1779 ⎩ Nicholas Van Dyke
A RTICLES OF C ONFEDERATION (1777) On the part and behalf of the State of Maryland
On the Part and Behalf of the State of Virginia
On the part and behalf of the State of No Carolina
On the part & behalf of the State of South Carolina
On the part & behalf of the State of Georgia On the part & behalf of the State of New Hampshire
On the part and behalf of the State of Massachusetts Bay
On the part and behalf of the State of Rhode Island and Providence Plantations
On the part and behalf of the State of Connecticut
On the part and behalf of the State of New York On the Part and in Behalf of the State of New Jersey Nov. 26, 1778
John Hanson March 1st 1781 Daniel Carroll Mar. 1st 1781
⎧ Richard Henry Lee ⎪ ⎪ ⎪ ⎪ ⎨ John Banister Thomas Adams ⎪ ⎪ Jno Harvie ⎪ ⎪ ⎩ Francis Lightfoot Lee ⎧ ⎨ John Penn July 21st 1778 Corns Harnett ⎩ o Jn Williams ⎧ Henry Laurens ⎪ ⎪ ⎪ ⎪ ⎨ William Henry Drayton Jno Mathews ⎪ ⎪ Richd Hutson ⎪ ⎪ ⎩ Thos Heyward Junr ⎧ o ⎨ Jn Walton 24th July 1778 Edwd Telfair ⎩ Edwd Langworthy Josiah Bartlett John Wentworth Junr August 8th 1778 ⎧ John Hancock ⎪ ⎪ ⎪ ⎪ Samuel Adams ⎪ ⎪ ⎨ Elbridge Gerry Francis Dana ⎪ ⎪ ⎪ ⎪ James Lovell ⎪ ⎪ ⎩ Samuel Holten ⎧ ⎨ William Ellery Henry Marchant ⎩ John Collins ⎧ Roger Sherman ⎪ ⎪ ⎪ ⎪ ⎨ Samuel Huntington Oliver Wolcott ⎪ ⎪ Titus Hosmer ⎪ ⎪ ⎩ Andrew Adams ⎧ s Ja Duane ⎪ ⎪ ⎨ Fran Lewis Wm Duer ⎪ ⎪ ⎩ Gouvr Morris Jno Witherspoon Nathl Scudder
33
U NITED S TATES OF A MERICA ⎧ Robt Morris ⎪ ⎪ ⎪ ⎪ ⎨ Daniel Roberdeau Jona Bayard Smith ⎪ ⎪ ⎪ William Clingan ⎪ ⎩ Joseph Reed 22nd July 1778
On the part and behalf of the State of Pennsylvania
1
Verified by Articles of Confederation and Perpetual Union Between the States of New-Hampshire, Massachusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, NorthCarolina, South-Carolina and Georgia, Lancaster: Printed by Francis Bailey, 1777, 26 p., as the first printing of the authorized version, cf. Journals of the Continental Congress 1774-1789, ed. from the Original Records in the Library of Congress by Worthington Chauncey Ford et al., 34 vols, Washington: Government Printing Office, 1904-1937, IX, 907, which identified Bailey as the official printer to whom the final version was sent for printing, and corrected according to the engrossed Articles of Confederation, dated July 9, 1778, and preserved in the National Archives, Washington, D.C. Also checked against Articles of Confederation and Perpetual Union, [Lancaster: John Dunlap?, 1777] 6 p., whom Evans 15620 had considered as the official printer, and against the “final form” as printed in: Journals of the Continental Congress, ed. by Ford et al., IX, 907-925. Spelling, capitalization, and punctuation follow the engrossed manuscript. The text was agreed to by Congress on 15 November 1777. The Articles came into effect with Maryland ratifying them on March 1, 1781, the last state to do so. While an amendment proposed in 1783 (q. v.) failed, the Articles remained in force until the Constitution of 1787, adopted in 1788-89, replaced it in 1789. The last day the Continental Congress transacted any business was October 10, 1788, the last time a delegate appeared was on March 2, 1789 (cf. Journals of the Continental Congress, ed. by Ford et al., XXXIV, 599–600, 605). Whether the French translation of the final version, as resolved by Congress on November 29, 1777, in order to invite “the inhabitants of Canada [. . . ] to accede to the union of these states” (Journals of the Continental Congress, ed. by Ford et al., IX, 981), and as mentioned by Evans 15628 (Articles de Confédération & d’union perpétuelle, [Lancaster?], 1777, 16 p.) was ever published, remains uncertain, as no copy has been located to date. An official German translation is reproduced here (q. v.). Previous versions of the Articles of 1775 (in English) and 1776 (in English and French) were published and distributed in Europe. As only the publication of the French translation of 1776 appears to have been officially endorsed and stands as a document in its own right, it is also reproduced here (q. v.). 2 In the Bailey and Dunlap prints, and in Journals
34
1
Verified by Artikel Des Bundes Und der Immerwährenden Eintracht Zwischen den Staaten von NeuHampschire, Massachusetts-Bay, Rhode-Eyland und Providence Plantagen, Connecticut, Neu-Yorck, NeuJersey, Pennsylvanien, Delaware, Maryland, Virginien, Nord-Carolina, Sud-Carolina, und Georgien, A. d. Engl. übers., Lancaster: Gedruckt und zu haben bey Francis Bailey, 1778, 16 p. Spelling, capitalization, and punctuation as in the Bailey print. 2 In the English original “confederacy”. 3 In the English original “sovereignty”. 4 In the English original “jurisdiction”. 5 In the English original “sovereignty”. 6 In the English original “fugitives from justice”. 7 In the English original “Executive power”. 8 In the English original “legislature”. 9 In the English original “treason, felony, or breach of the peace”. 10 In the English original “any office of profit or trust”. 11 In the English original “title of nobility”. 12 In the English original “any stipulations in treaties”. 13 Translation of “nor letters of marque or reprisal” missing. 14 In the English original “legislature”. 15 In the English original “Legislatures of the several States”. 16 Translation of “of granting letters of marque and reprisal in times of peace –” missing. 17 In the English original “felonies”. 18 In the English original “in all cases of captures”. 19 In the English original “legislative or executive authority”. 20 In the English original “by joint consent”. 21 In the English original “legislative right”. 22 In the English original “land forces”. 23 In the English original “naval forces”. 24 In the English original “land and naval forces”. 25 In the English original “in the recess of Congress”. 26 In the English original “land forces”. 27 In the English original “of white inhabitants”. 28 In the English original “legislature”. 29 In the English original “legislature”. 30 In the English original “grant letters of marque and reprisal”. 31 In the English original “nor emit bills”. 32 In the English original “land and naval forces”. 33 In the English original “to any time within the year, and to any place”. 34 In the English original “no period of adjournment”.
A RTIKEL DES B UNDES (1777) of the Continental Congress, IX, 907, preamble, obviously, missing. 3 In Journals of the Continental Congress, IX, 909, “restrictions”. 4 In Bailey print, 7, “any other” by hand corrected “another”. 5 In Bailey print, 26, and in Dunlap print, 6, rest missing, instead: These Articles shall be proposed to the legislatures of all the united states, to be considered, and if approved of by them, they are advised to authorize their delegates, to ratify the same in the congress of the united states; which being done, the same shall become conclusive. By order of Congress HENRY LAURENS, President. (In Bailey print, 26, last two lines added in the hand of Laurens.)
35
In the English original “legislatures”. In the English original “whereof the said United States, and the public faith are hereby solemnly pledged”. 37 In the English original “Every State shall abide by the determinations”. 38 In the English original “Legislatures”. 39 In the English original “legislatures”. 36
35
Articles de Confédération (1776) Articles de Confédération & d’union perpétuelles entre les Etats de Nouvel. Hampshire, Baie de Massachusett, Rhode-Island, Connecticut, Nouvelle-York, Nouveau-Jersey, Pensylvanie, Les Comtés de New-Castle, Kent & Sussex sur la riviere Delawar, Maryland, Virginie, Caroline Septentrionale, Caroline Méridionale, Georgie1 ARTICLES De confédération & d’union perpétuelles entre les Etats de Nouvelle-Hampshire, baie de Massachusett, &c. &c. A RT. I. Les treize Etats susdits se conféderent sous le titre d’Etats-unis d’Amérique. A RT. II. Ils contractent, chacun en leur nom, par la présente Constitution, un traité d’alliance & d’amitié2 réciproques pour leur défense commune, pour le maintien de leur liberté & pour leur avantage général & mutuel; s’obligeant à se secourir l’un l’autre contre toutes violences dont on pourroit menacer tous ou chacun d’eux; & à repousser en commun toutes les attaques qui pourroient être dirigées contre tous ou chacun d’eux, pour cause de religion, de souveraineté, de commerce, ou sous quelqu’autre prétexte que ce soit. A RT. III. Chaque Etat se réserve à lui seul le droit exclusif de regler son administration intérieure, & de faire des loix sur toutes les matieres qui ne seront point comprises dans les articles de la présente Confédération, & qui ne pourront y porter aucune atteinte.3
A RT. IV. Aucun Etat en particulier ne pourra envoyer ni recevoir des Ambassades4 , entamer des négociations, contracter des engagemens, former des alliances, conclure des Traités avec aucun Roi, Prince ou Puissance quelconque, sans le consentement des Etats-unis assemblés en Congrèsgénéral. Aucune personne, pourvue d’un emploi quelconque sous l’autorité des Etats-unis, ou de quelqu’un d’eux, soit qu’il y ait des appointemens attachés à l’emploi, soit que ce soit une commission de pure confiance, ne pourra accepter aucuns présens, gratifications, émolumens, ni aucuns Offices ou titres de quelque nature qu’ils soient, d’aucuns Rois, Princes ou Puissances étrangeres. Et l’Assemblée générale des Etats-unis, ni aucun Etat en particulier ne pourront donner aucun titre de Noblesse. A RT. V. Deux, ni plusieurs des susdits Etats, ne pourront former d’alliances, ou confédérations, ni conclure aucun Traité particulier entr’eux, sans le consentement des Etats-unis assemblés en Congrès général & sans que le but & la durée de cette convention particuliere ne soient exactement spécifiés dans le consentement. A RT. VI. Aucun Etat ne pourra mettre
37
U NITED S TATES OF A MERICA des impositions, ni établir des droits quelconques dont l’effet seroit d’altérer directement ni5 indirectement les clauses6 des Traités qui seront conclus dans la suite par l’assemblée des Etats-unis avec aucuns Rois, Princes ou Puissances quelconques. A RT. VII. Il ne sera entretenu par aucun des susdits Etats en particulier, de vaisseaux ou de bâtimens de guerre en tems de paix, que le nombre jugé nécessaire par l’assemblée des Etats-unis, pour la défense de cet Etat &7 de son commerce; & il ne sera non plus entretenu aucunes troupes en temps de paix par aucun des susdits Etats, que le nombre déterminé par l’assemblée des Etats-unis pour garder les Places fortes, ou Forts nécessaires à la défense de cet Etat: mais chaque Etat entretiendra toujours une milice bien reglée & disciplinée, suffisamment armée & équippée, & aura soin de se procurer & d’entretenir toujours prêt, dans des magasins publics, un nombre suffisant de pièces de campagne & de tentes, avec une quantité convenable8 de munitions & d’équipages de guerre. A RT. VIII. Lorsqu’il sera levé par quelqu’un des susdits Etats, des troupes de terre pour la défense commune, tous les Officiers du grade de Colonel & au dessous, seront nommés par le Corps législatif de l’Etat qui aura levé ces troupes, ou de la maniere dont cet Etat aura jugé à propos de regler les nominations; & vacance arrivant de ces emplois, il y sera pourvû par le même Etat. A RT. IX. Tous les frais de la guerre, & toutes les autres dépenses qui seront faites pour la défense commune ou pour l’avantage général, & qui seront ordonnés par l’assemblée des Etats-unis, seront payés des fonds d’un trésor commun. Ce trésor commun sera formé par la contribution de chacun des susdits Etats, en proportion du nombre d’habitans de tout
38
âge, sexe ou9 qualité, à l’exception des Indiens exemptés10 de taxe dans chaque Etat; & pour fixer la quotité de la contribution, il sera fait tous les trois ans un dénombrement dans lequel le nombre des habitans blancs sera distingué; & ce dénombrement sera envoyé à l’Assemblée des Etats-unis. Les taxes qui devront servir à payer cette quotité seront imposées & levées dans l’étendue de chaque Etat par l’autorité & les ordres de son Corps législatif, dans le tems marqué par l’Assemblée des Etats unis. A RT. X. Chacun des susdits Etats se soumettra aux décisions de l’Assemblée des Etats-unis sur toutes les matieres ou questions réservées à cette Assemblée par le présent acte de Confédération. A RT. XI. Aucun Etat ne s’engagera dans une guerre sans le consentement des Etatsunis assemblés en Congrès, à moins d’une invasion actuelle de quelqu’ennemi, ou de connoissance certaine qu’il aurait eue d’une résolution prise par quelque nation Indienne de l’attaquer, & dans le cas seulement où le danger trop pressant ne lui laisseroit pas le tems de consulter les autres Etats. Aucun Etat particulier ne donnera de commission à des vaisseaux ou autres bâtimens de guerre, ni aucunes lettres de marque ou de représailles, qu’après une déclaration de guerre faite par l’Assemblée des Etats-unis, & dans ce cas-là même n’en donnera que contre le Royaume ou la Puissance quelconque, ou contre les sujets du Royaume, ou de la Puissance à qui la guerre aura été ainsi déclarée, & se conformera sur tous ces objets aux reglemens qui auront été faits11 par l’Assemblée des Etats-unis. A RT. XII. Afin de veiller aux intérêts généraux des Etats-unis, & de diriger les affaires générales, il sera nommé chaque année dans la forme reglée par le Corps législatif de chaque Etat un certain nombre
A RTICLES DE C ONFÉDÉRATION (1776) de Délégués,12 qui se rendront à Philadelphie jusqu’à ce que l’Assemblée générale des Etats-unis en ait autrement ordonné; & le premier lundi de Novembre de chaque année, sera l’époque fixe à laquelle ils s’assembleront. Chacun des susdits États conservera le droit & le pouvoir de révoquer, dans quelque tems de l’année que ce soit, ses Délégués ou quelques-uns d’entr’eux, & d’en envoyer d’autres à leur place pour le reste de l’année; & chacun des susdits Etats entretiendra ses Délégués pendant le tems de l’Assemblée générale,13 & pendant le tems aussi qu’ils seront14 Membres du Conseil d’Etat, dont il sera parlé ci-après. A RT. XIII. Chacun des Etats aura une voix pour la décision des questions dans l’Assemblée générale. A RT. XIV. L’Assemblée générale des Etats-unis aura seule & exclusivement le droit & le pouvoir de décider de la paix & de la guerre, excepté dans le cas porté par l’article XI, – d’établir des regles pour juger dans tous les cas la légitimité des prises faites sur terre ou sur mer, & pour déterminer la maniere dont les prises, faites par les forces de terre ou de mer, au service des Etats-unis, seront partagées ou employées; – de donner des lettres de marque ou de représailles en tems de paix; – de nommer des Tribunaux pour connoître des pirateries & de tous crimes capitaux commis en haute mer; – d’établir des Tribunaux pour recevoir les appels & juger définitivement dans tous les cas de prises; – d’envoyer & de recevoir des Ambassadeurs; – de négocier, & de conclure des Traités ou des Alliances; – de décider tous les différens actuellement subsistans, ou qui pourroient s’élever dans la suite entre deux ou plusieurs des susdits Etats, pour limites, juridiction ou telle autre cause que ce soit; –15 de battre monnoie, & d’en regler la valeur & le titre; – de fixer les poids & mesures dans toute l’étendue
des Etats-unis; – de regler le commerce, & de traiter toutes les affaires avec les Indiens qui ne sont Membres d’aucun des Etats; – d’établir & de régler les postes d’un Etat à l’autre, dans toute l’étendue des Etats-Unis, & de percevoir sur les lettres & paquets envoyés par la poste, la taxe nécessaire pour subvenir aux frais de cet établissement; – de nommer les Officiers généraux des troupes de terre au service des Etats-unis; – de donner des commissions aux autres Officiers desdites troupes qui auront été nommés en vertu de l’article VIII; – de nommer tous les Officiers de Marine au service des Etatsunis; – de faire toutes les Ordonnances nécessaires pour regler l’administration & la discipline desdites troupes de terre & de mer, – & de diriger leurs opérations. L’Assemblée générale des Etats-unis sera autorisée à nommer un Conseil d’Etat, & tels Comités & Officiers civils qu’elle jugera nécessaires pour la conduite & l’expédition des affaires générales, sous son autorité, tant qu’elle sera assemblée, & après sa séparation,16 sous l’autorité du Conseil d’Etat. – Elle se choisira pour Président un de ses Membres, & pour Secrétaire la personne qu’elle jugera propre à cet emploi; & elle pourra s’ajourner à tel tems de l’année, & en tel lieu des Étatsunis qu’elle jugera à propos. – Elle aura le droit & le pouvoir de déterminer & de fixer les sommes nécessaires à percevoir, & les dépenses nécessaires à faire; – de faire des emprunts, & de créer des billets sur le crédit des Etats-unis; – de faire construire & équiper des flottes; – de déterminer le nombre des troupes de terre à lever ou entretenir; – & d’exiger de chacun des susdits Etats pour le composer, un contingent proportionné au nombre de ses habitans blancs. – Ces requisitions de l’Assemblée générale seront obligatoires, & en conséquence le Corps législatif de chaque Etat nommera les Officiers particuliers, levera les hommes, les armera & les équipera convenablement; &
39
U NITED S TATES OF A MERICA ces Officiers & soldats ainsi armés & équipés, se rendront au lieu & dans le tems marqués par l’Assemblée générale. Mais si l’Assemblée générale, d’après des circonstances particulieres, jugeoit à propos d’exempter un ou plusieurs des Etats de lever des troupes, ou de leur en demander moins que leur contingent, & qu’elle jugeât convenable17 au contraire qu’un ou plusieurs autres en levassent plus que leur contingent; le nombre extraordinaire demandé sera levé, pourvu d’Officiers, armé & équipé de la même maniere que le contingent; à moins que le Corps législatif de celui ou de ceux de ces Etats à qui la réquisition auroit été faite, ne jugeât dangereux pour lui de se dégarnir de ce nombre extraordinaire, & dans ce cas il n’en fourniroit que ce qu’il jugeroit compatible avec sa sûreté; & les Officiers & soldats ainsi armés & équipés se rendront au lieu & dans le tems marqués par l’Assemblée générale. L’Assemblée générale ne pourra jamais18 s’engager dans une guerre, ni donner des lettres de marque ou de représailles en tems de paix, ni contracter aucuns traités d’alliance ou autres conventions, hormis pour faire la paix, ni faire battre monnoye ou en regler la valeur, ni déterminer ou fixer les sommes nécessaires à percevoir, ou les dépenses nécessaires à faire pour la défense ou l’avantage des Etats-unis, ou de quelqu’un d’entr’eux, ni créer des billets, ni emprunter d’argent sur le crédit des Etatsunis, ni faire des destinations d’argent, ni prendre des résolution sur le nombre de vaisseaux de guerre à construire ou à acheter, ou sur le nombre de troupes de terre ou de mer à lever, ni nommer de Commandant ou19 Chef des armées de terre ou de mer, que par le consentement réuni de neuf des Etats; & aucune question sur quelque point que ce soit, excepté pour s’ajourner d’un jour à l’autre, ne pourra être décidée que par la majorité des voix des Etats-unis20 . Aucun Délégué né pourra être choisi
40
pour plus de trois ans sur six. Aucune personne pourvue21 d’un emploi quelconque dans l’étendue des Etats-unis, & recevant en vertu de cet emploi par ellemême, ou par les mains de quelque-autre pour elle des salaires, gages ou émolumens quelconques, ne pourra être choisie pour Délégué. L’Assemblée générale publiera tous les mois le journal de ses séances, à l’exception de ce qui sera relatif aux traités, alliances ou opérations militaires, lorsque ces matieres lui paroîtront devoir être tenues secrettes. Les avis pour & contre des Délégués de chaque Etat seront portés sur le journal toutes les fois que quelqu’un des Délégués le demandera; & il sera délivré aux Délégués de chaque Etat, sur leur demande, ou même à un seul des Délégués de chaque Etat22 , sur sa réquisition particuliere, une copie de ce journal, excepté des parties ci-dessus énoncées, pour être portée au Corps législatif de son Etat respectif. A RT. XV. Le Conseil d’Etat sera composé d’un Délégué de chacun des Etats, nommé annuellement par les autres Délégués de son Etat respectif; & dans le cas où ces Electeurs ne pourroient pas s’accorder, ce Délégué sera nommé par l’Assemblée générale. Le Conseil d’Etat sera autorisé à recevoir & ouvrir toutes les lettres adressées àux Etats-unis, & à y répondre; mais il ne pourra contracter aucuns engagemens obligatoires pour les Etats-unis. – Il correspondra avec les Corps législatifs de chacun des Etats, & avec toutes23 personnes employées sous l’autorité des Etats-unis, ou de quelqu’un des Corps législatifs particuliers. – Il s’adressera à ces Corps législatifs ou aux Officiers à qui chaque Etat aura confié le pouvoir exécutif, pour l’aide ou les24 secours de toute nature dans les occasions où il en aura besoin. – Il donnera des avis aux Généraux & il dirigera les opérations mi-
A RTICLES DE C ONFÉDÉRATION (1776) litaires de terre ou de mer; mais sans rien changer aux objets ni aux expéditions déterminées par l’Assemblée générale, à moins qu’un changement dans les circonstances arrivé & venu à sa connoissance depuis la séparation de l’Assemblée25 , ne rende indispensablement nécessaire un changement de mesures. Il veillera à la defense & à la conservation des forteresses ou postes fortifiés. – Il se procurera des connoissances sur la situation &26 les desseins des ennemis. – Il poursuivra l’exécution des mesures & des plans qui auront été arrêtés par l’Assemblée générale en vertu des pouvoirs dont elle est revêtue par la présente Confédération. – Il tirera sur les Trésoriers pour les sommes dont la destination aura été faite par l’Assemblée générale, &pour le paiement des contrats qu’il aura pû passer lui-même en vertu des pouvoirs qui lui sont accordés. – Il inspectera & reprendra, il pourra même interdire tous Officiers civils ou militaires agissant sous l’autorité des Etats-unis. – Dans le cas de mort ou d’interdiction de quelqu’un des Officiers dont la nomination appartient à l’Assemblée générale, il pourra commettre à l’exercice de l’emploi telle personne qu’il jugera à propos jusqu’à la prochaine assemblée. – Il pourra publier & répandre les relations authentiques des opérations militaires. – Il pourra convoquer l’Assemblée générale pour un terme plus prochain que celui auquel elle se seroit ajournée en se séparant, si quelque événement important & inattendu l’exige pour le salut ou l’avantage des Etatsunis ou de quelqu’un d’entr’eux. – Il préparera les matieres qui devront être soumises à l’examen de l’Assemblée générale, & il lui présentera à sa prochaine séance toutes les lettres ou avis qu’il aura reçus, & lui rendra un compte exact de tout ce qu’il aura fait dans l’intérim. – Il se nommera pour Secrétaire une personne propre à cet emploi, qui avant d’entrer en fonction fera serment de garder secret & fidélité. – La pré-
sence de sept membres du Conseil suffira pour qu’il puisse agir. – En cas de mort de l’un de ses Membres, le Conseil en donnera avis aux Collégues du mort afin qu’ils choisissent l’un d’entr’eux pour prendre place dans le Conseil jusqu’à la prochaine tenue de l’Assemblée générale; & dans le cas où il n’y auroit de vivant qu’un seul de ses collégues, il lui en sera de même donné avis, pour qu’il puisse y venir siéger jusqu’à la prochaine tenue. A RT. XVI. Dans le cas où le Canada voudroit accéder à la présente Confédération, & se joindre entierement à toutes les mesures des Etats-unis, il sera admis dans l’union & participera à tous ses avantages. Mais aucune autre Colonie ne pourra y être admise que par le consentement de neuf des Etats. Les articles ci-dessus seront proposés aux Corps législatifs de tous les Etats-unis pour être examinés par eux; &, s’ils les approuvent, ils sont avertis d’autoriser leurs Délégués à27 les ratifier dans l’Assemblée générale; après quoi tous les articles qui constituent la présente Confédération seront observés inviolablement par tous & chacun des Etats-unis, & l’union sera établie à perpétuité. Il ne sera fait, par la suite, aucun changement à ces articles ni à aucun d’eux, à moins que le changement n’ait été déterminé dans l’Assemblée générale & confirmé en suite par les corps législatifs de chacun des Etatsunis. Arrêté & signé à Philadelphie, en Congrès, le 4 Octobre 1776.28 1
Verified by Articles de confédération & d’union perpétuelles entre les Etats de Nouvel. Hampshire, Baie de Massachusett., Rhode-Island, Connecticut, Nouvelle-York, Nouveau-Jersey, Pensylvanie, Les Comtés de New-Castle, Kent & Sussex sur la riviere Delawar, Maryland, Virginie, Caroline Septentrionale, Caroline Méridionale, Georgie, s.l.: s.n., 1776, 16. p. According to the title page the edition was the French
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U NITED S TATES OF A MERICA translation of the text as adopted by Congress on October 4, 1776 and sent to the States for ratification. “This confirmation has not yet arrived from all States in Philadelphia before the departure of the ship, but there is no doubt that [the Articles] will be approved.” In reality, no such session took place on October 4, 1776, and the final version, substantially different from the one presented here, was only adopted by Congress on November 15, 1777 (q.v.). The ratification process was completed on March 1, 1781. The text presented here in French translation is that of the second printed form of August 20, 1776, as reported by the committee established on June 11, 1776 (cf. Journals of the Continental Congress 1774-1789, ed. by Worthington Chauncey Ford et al., 34 vols., Washington: Government Printing Office, 1904-1937, V, 674–689). This version had been published for the use of the delegates – a copy of which is preserved in the National Archives, Washington, D.C. at M247, Roll 61, Item # 47, Folio 29 – and ready for Benjamin Franklin to take it with him, when leaving Philadelphia for France on October 26, 1776, in order to make it known in Europe. Indeed, on arriving in Paris, Franklin passed a copy to the Duc de la Rochefoucauld for translating it into French. On January 20, 1777, Franklin received fifty copies of the translation from him which he distributed widely to government officials and others throughout Europe in order to raise confidence in and support for a civilized and well-administered country, cf. The Papers of Benjamin Franklin, XXIII, ed. by William B. Willcox, New Haven and London: Yale University Press, 1983, 117–118, 179, 194; also Durand Echeverria, “French Publications of the Declaration of Independence and the American Constitutions, 1776-1783”, in: Papers of the Bibliographical Society of America, 47 (1953), 323–326. In addition to the separate print used for this edition, the French translation was published in 1777 in the journal Affaires de l’Angleterre et de l’Amérique (cf. Papers of Benjamin Franklin, XXIII, ed. by Willcox, 213–214), and the following year in Recueil des Loix constitutives des Colonies angloises confédérées sous la Dénomination d’Etats-Unis de l’Amérique-septentrionale. Auquel on a joint les Actes d’Indépendance, de Confédération & autres Actes du Congrès général, traduit de l’Anglois. Dédié à M. le Docteur Franklin, Philadelphia and Paris: Cellot & Jombert, 1778, 14–31. Most effectively, it was afterwards reprinted in Recueil des principaux Traités d’Alliance, de Paix, de Trêve, de Neutralité, de commerce, de limites, d’échange etc. conclus par les Puissances de l’Europe tant entre elles qu’avec les Puissances et États dans d’autres parties du monde depuis 1761 jusqu’à présent, ed. by Georg Friedrich von Martens, 7 vols., Göttingen: Jean Chrétien Dieterich, 1791–1801, I, 587–605, which was to become the standard work of reference throughout the nineteenth century and beyond. Martens published the French text synoptically with the English version (p. 586–
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604) which he had drawn from The Annual Register, or a View of the History, Politics, and Literature for the Year 1776, London: J. Dodsley, 1777, 264–270, assuming this to be the original text. What Martens did not know was that the published text of August 20 had not been available for the editor of the Annual Register. As a textual comparison reveals, he instead published, a literal English translation of La Rochefoucauld’s French version. Nevertheless, it was this twice translated English version of an officially non-existing constitutional document which, thanks to the authority of Martens, was still reprinted in Ausgewählte Urkunden zur ausserdeutschen Verfassungsgeschichte seit 1776. Zum Handgebrauch für Juristen und Historiker, ed. by Wilhelm Altmann, 2nd ed., Berlin: Weidmannsche Buchhandlung, 1913, 15–21. Ironically enough, Altmann had been aware of the correct version of the Articles of Confederation published by Benjamin Perley Poore, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, 2 vols., 2nd ed., Washington: Government Printing Office, 1878, I, 7–12, though he had rejected it. The Annual Register was a readily available source in Europe for things American. The Annual Register [. . . ] for the Year 1775, London: J. Dodsley, 1776, 252–255, had published “Articles of Confederation and perpetual Union” as adopted “in General Congress” in Philadelphia, which again Martens reprinted in his Recueil des principaux Traités, I, 528– 532, and which indeed had been Franklin’s sketch, cf. Journals of the Continental Congress, ed. by Ford et al., II, 195–199, and The Papers of Benjamin Franklin, ed. by Willcox, XXII, 120–125. Though not included in Journal of the Proceedings of the Congress, held at Philadelphia, May 10, 1775, Philadelphia: William and Thomas Bradford, 1775, 199–200 [Evans 14569], which was reprinted in London in 1776, thanks to the British navy, copies of this document made their way to England in 1775. As the French text as published here is no translation of an officially adopted document, but a document of its own right which primarily served political aims, the translation is left unchanged, while deviations in substance from the second printed form of August 20, 1776, are mentioned in the notes. Spelling, capitalization, and punctuation follow the text as published in 1776. 2 In the Second printed form instead “a firm league of friendship” (cf. Journals of the Continental Congress, ed. by Ford, V, 674). 3 The second printed form only prohibits interference with the Articles (cf. ibid., 675). 4 In Recueil des loix constitutives des colonies angloises, 15, “Ambassadeurs”. 5 In ibid., 17, “ou”. 6 In the second printed form instead “which may interfere with any stipulations” (cf. Journals of the Continental Congress, ed. by Ford, V, 676). 7 In the second printed form “or” (cf. ibid., 677).
A RTICLES DE C ONFÉDÉRATION (1776) 8 In Recueil des loix constitutives des colonies angloises, 18, “considérable”. 9 In the second printed form “and” (cf. Journals of the Continental Congress, ed. by Ford, V, 678). 10 In Recueil des loix constitutives des colonies angloises, 19, “exceptés”. 11 In the second printed form “and under such regulations as shall be established” (cf. Journals of the Continental Congress, ed. by Ford, V, 679). 12 The second printed form only speaks of “Delegates” (cf. ibid., 680). 13 In the second printed form “in a meeting of the States” (cf. ibid., 681). 14 In the second printed form “act as” (cf. ibid.). 15 Punctuation adapted to second printed form (cf. ibid., 682) and as in Recueil des loix constitutives des colonies angloises, 22. 16 In the second printed form “in their recess” (cf. Journals of the Continental Congress, ed. by Ford, V, 683).
17
In Recueil des loix constitutives des colonies angloises, 25, word missing. 18 In ibid. word missing. 19 In ibid., 26, “en”. 20 In ibid., “par la majorité des Etats-Unis”. 21 In ibid. word missing. 22 In ibid., 27, “sur leur demande, ou même à un seul des Délégués de chaque Etat” missing. 23 In ibid., 28, “toutes les”. 24 In ibid., “le”. 25 In the second printed form “recess of the States” (cf. Journals of the Continental Congress, ed. by Ford, V, 687). In Recueil des loix constitutives des colonies angloises, 28, “l’Assemblée générale”. 26 In Recueil des loix constitutives des colonies angloises, 28, “& sur”. 27 In ibid., 31, “de”. 28 This line, obviously, was not taken from second printed form.
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Failed Amendment of 1783 [Failed Amendment to the Articles of Confederation]1
So much of the Eighth of the Articles of Confederation & perpetual Union between the thirteen States of America, as is contained in the words following, to wit, “All charges of war & all other expences that shall be incurred for the common defence or general welfare & allowed by the United States in Congress Assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each State granted to or surveyed for any person, as such land and the buildings and improvements thereon, shall be estimated according to such mode as the United States in Congress Assembled shall from time to time direct & appoint,” is hereby revoked & made void; and in place thereof is declared & concluded, the same having been agreed to in a Congress of the United States that “All charges of war and all other expences that have been or shall be incurred for the common defence or general welfare, and allowed by the United States in Congress Assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury which shall be supplied by the several States in proportion to the whole number of white and other free citizens & inhabitants of every age, sex & condition, including those bound to servitude for a term of years & three fifths of all other persons not comprehended in the foregoing description; except Indians not paying taxes in each
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State; which numbers2 shall be triennially taken and transmitted to the United States in Congress Assembled in such mode as they shall direct and appoint.[”] 1
Verified by By the United States in Congress assembled, February 17, 1783, [s.l., s.n., 1783], 3 p., and corrected according to the original manuscript as preserved in the National Archives, Washington, D.C., record group 360, M 247, roll 13. Also checked against the Journals of the Continental Congress 1774– 1789, ed. from the Original Records in the Library of Congress by Worthington Chauncey Ford et al., 34 vols., Washington: Government Printing Office, 1904– 1937, XXIV, 260. Spelling, capitalization, and punctuation follow the original manuscript. Square brackets indicate additions by the editor. The resolution was adopted by Congress on April 18, 1783. On February 27, 1786, a committee was appointed “to examine how far the several States have complied with, and adopted the Alteration of the Eighth Article of the Confederation and perpetual Union, recommended by Congress, April 18, 1783”, which reported to Congress on March 8, 1786, “that a majority of the States, and a great proportion of the whole confederacy, have readily and fully approved of the proposed alteration of that article of the federal Government; that nine States, including Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and North Carolina, have, by their legislative acts, passed in pursuance of said recommendation, fully complied with it, and authorised the respective Delegates in Congress to ratify the alteration proposed. But they do not find that the other States have passed any laws, or taken any measures on the subject” (Journals of the Continental Congress 1774–1789, ed. by Ford et al., XXX, 85, 103). According to the Journals, Congress did not resume the issue at a later date. The amendment had thus failed. 2 In By the United States in Congress assembled, 3, and in Journals of the Continental Congress 1774– 1789, ed. by Ford et al., XXIV, 260, “number”.
Constitution of the United States of America (1787)
Verfassung der Vereinigten Staaten (1787)
We the People of the United States,1
Verfahren der Convention1
in order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Wir, das Volk der Vereinigten Staaten, um eine vollkommenere Vereinigung2 zu errichten, Gerechtigkeit vestzusetzen, innere Ruhe zu versichern, Vorsorge zur gemeinen Beschützung zu machen, die allgemeine Wohlfahrt zu befördern und den Segen der Freyheit für uns und unsere Nachkommen sicher zu stellen, verordnen und setzen diese Verfassung für die Vereinigten Staaten von America veste.
ARTICLE I
1. ARTIKEL
S ECT. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
1. A BSCH . Alle hierin verliehene Gewalt, Gesetze zu geben, soll einem Congreß der Vereinigten Staaten, der aus einem Senate und Hause der Repräsentanten bestehen soll, ertheilet werden.
S ECT. 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
2. A BSCH . Das Haus der Repräsentanten soll aus Gliedern bestehen, die alle zwey Jahre von dem Volke der Verschiedenen Staaten erwählet werden, und die Erwähler in jedem Staate sollen die Eigenschaften haben, die für Erwähler des zahlreichsten Zweiges des gesetzgebenden Standes3 erfordert werden.
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
Niemand soll ein Repräsentante seyn, der nicht das Alter von fünf und zwanzig Jahren erreicht hat, und sieben Jahr ein Bürger der Vereinigten Staaten gewesen ist, und der nicht zu der Zeit, da er erwählet wird, ein Einwohner desjenigen Staats ist, in wel-
45
U NITED S TATES OF A MERICA chem er wird erwählet werden. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three; Massachusetts eight; Rhode-Island and Providence Plantations one; Connecticut five; New York six; New Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three.
Repräsentanten und unmittelbare Taxen sollen unter den verschiedenen Staaten, die in diese Vereinigung mögen eingeschlossen werden, nach ihrer verschiedenen Anzahl gleich vertheilet werden; diese Anzahl soll dadurch bestimmt werden, daß zu der ganzen Anzahl freyer Personen, diejenigen, welche gewisse Jahre zu dienen verbunden sind, mit eingeschlossen, und nicht getaxirte Indianer ausgeschlossen, drey Fünftheile von allen andern Personen dazu gerechnet werden. Die wirkliche Zählung soll innerhalb drey Jahren nach der ersten Zusammenkunft des Congresses der Vereinigten Staaten und innerhalb eines jeden folgenden Zeitpuncts von zehn Jahren, auf solche Art, als derselbe durch Gesetze verordnen wird, gemacht werden. Die Anzahl der Repräsentanten soll nicht über Einen jede dreysig tausend seyn, doch soll jeder Staat zum wenigsten einen Repräsentanten haben; und ehe solche Zählung wird gemacht werden, soll der Staat Neu-Hamschire berechtigt seyn, dreye zu erwählen, Massachusetts achte, Rhode Eyland und Providenz Plantaschen einen, Connecticut fünf, Neu-York sechse, Neu-Jersey viere, Pennsylvanien achte, Delaware einen, Maryland sechse, Virginien zehen, Nord-Caroline fünfe, Süd-Caroline fünfe, und Georgien dreye.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Wenn in der Repräsentation von einem Staate Stellen erlediget werden, so soll die Vollziehende Macht desselben Befehle zur Wahl ausgeben, solche erledigte Stellen wieder zu besetzen.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Das Haus der Repräsentanten soll seinen Sprecher und andere Beamte erwählen, und die alleinige Gewalt öffentlicher Anklage4 haben.
S ECT. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall
3. A BSCH . Der Senat der Vereinigten Staaten soll aus zwey Senatoren von einem jeden Staate, die von der Gesetzgebenden Macht5 desselben für sechs Jahre gewählet
46
C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787) have one Vote.
werden sollen, bestehen; und jeder Senator soll eine Stimme haben.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
So bald sie zufolge der ersten Wahl werden versammlet seyn, sollen sie so gleich als seyn mag in drey Classen getheilet werden. Die Sitze der Senatoren der ersten Classe sollen am Ende des zweyten Jahres, der zweyten Classe am Ende des vierten Jahres, und der dritten Classe am Ende des sechsten Jahres erledigt seyn; so daß ein Drittheil alle zwey Jahre mag erwählet werden; und wenn durch Niederlegung des Amts oder auf andere Weise, während der Zeit, da die Gesetzgebende Macht6 eines Staats auseinander gegangen7 ist, Stellen erlediget werden sollten, so mag die Vollziehende Macht8 desselben, solche bis zur nächsten Zusammenkunft der Gesetzgebenden Macht9 besetzen, welche alsdenn solche erledigte Stellen wieder besetzen soll.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
Niemand, soll ein Senator seyn, der nicht das Alter von dreysig Jahren erreicht hat, und neun Jahr ein Bürger der Vereinigten Staaten gewesen ist, und der nicht zu der Zeit, da er erwählet wird, ein Einwohner desjenigen Staats ist, für welchen er wird erwählet werden.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
Der Vice-Präsident der Vereinigten Staaten soll Präsident des Senats seyn, soll aber keine Stimme haben, es sey denn, daß sie gleich getheilet seyn.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
Der Senat soll seine andern Beamten und auch einen Präsidenten für die Zeit, wenn der Vice-Präsident abwesend seyn, oder das Amt des Präsidenten der Vereinigten Staaten verwalten wird, erwählen.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the
Der Senat soll die alleinige Gewalt haben, alle publike Anklagen gerichtlich zu verhören10 . Wenn sie zu dem Zweck sitzen, sollen sie unter Eid oder Betheurung seyn. Wenn der Präsident der Vereinigten Staaten verhöret wird, so soll der Ober-Richter11 den Vorsitz haben; und niemand soll ohne
47
U NITED S TATES OF A MERICA Members present.
die Zustimmung von zwey Drittheilen der gegenwärtigen Glieder verurtheilet werden.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States; but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Das Urtheil in Fällen öffentlicher Anklage soll sich nicht weiter erstrecken, als zur Absetzung vom Amte und Untüchtigkeit ein Ehren-Amt, ein wichtiges oder einträgliches Amt12 unter den Vereinigten Staaten zu haben und zu besitzen; aber der verurtheilte Theil soll demohnerachtet einer privaten Anklage, Verhörs, Urtheils und Strafe nach den Gesetzen unterworfen seyn.
S ECT. 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof, but the Congress may at any time by Law make or alter such Regulation2 , except as to the Places of chusing Senators.
4. A BSCH . Die Zeit, Oerter, Art und Weise, die Senatoren und Repräsentanten zu erwählen, sollen in jedem Staate von der Gesetzgebenden Macht13 desselben vorgeschrieben werden; aber der Congreß mag zu irgend einer Zeit solche Einrichtungen durch Gesetze machen oder verändern, ausgenommen was die Oerter zur Wahl der Senatoren betrifft.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Der Congreß soll zum wenigsten einmal in jedem Jahre zusammen kommen, und solche Zusammenkunft soll am ersten Montag im December seyn, es sey denn, daß er durch Gesetze einen andern Tag bestimmt.
S ECT. 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
5. A BSCH . Jedes Haus soll die Wahlen, Berichte und Tüchtigkeit14 seiner eigenen Glieder beurtheilen, und eine Mehrheit eines jeden soll ein Quorum ausmachen, Geschäfte zu verrichten15 ; aber eine kleinere Anzahl mag die Zusammenkunft von Tage zu Tage aufschieben, und mag die Gewalt haben, abwesende Glieder zu nöthigen, beyzuwohnen, auf solche Art und unter unter solchen Strafen, als jedes Haus verordnen mag.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Jedes Haus mag die Regeln seines Verfahrens bestimmen, seine Glieder für unordentliches Betragen strafen, und mit Zustimmung von zwey Drittheilen ein Glied ausstossen.
Each House shall keep a Journal of its Proceedings, and from time to time pub-
Jedes Haus soll ein Tagebuch von seinem Verfahren halten, und dasselbe von Zeit zu
48
V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) lish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Zeit bekant machen, ausgenommen solche Theile, die nach dem Urtheil desselben erfordern, geheim gehalten zu werden; und die Jahs und Neins der Glieder eines Hauses sollen wegen irgend einer Frage auf verlangen eines Fünftheils derer die gegenwärtig sind, in das Tagebuch eingetragen werden.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Keines der Häuser soll während der Sitzung des Congresses, ohne Bewilligung des andern, länger als drey Tage auseinander gehen, auch an keinem andern Orte zusammen kommen, als wo die zwey Häuser sitzen werden.
S ECT. 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.
6. A BSCH . Die Senatoren und Repräsentanten sollen eine Vergeltung für ihre Dienste haben, die durch Gesetze bestimmt und aus der Schatzkammer der Vereinigten Staaten bezahlt werden soll.
They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Sie sollen in allen Fällen, Hochverrath, Hauptverbrechen16 und Friedensbruch ausgenommen, von Arresttirung während dem, da sie der Sitzung ihrer respectiven Häuser beywohnen, und im Hingehen und zurückkehren von denselben befreyet seyn; und wegen ihres Redens, es mag von oder gegen eine Sache in einem der Häuser seyn17 , sollen sie an keinem andern Orte zur Rechenschaft gefordert werden.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been encreased during such time, and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Kein Senator oder Repräsentant soll während der Zeit, für welche er erwählet worden, zu irgend einem bürgerlichen Amte unter der Gewalt der Vereinigten Staaten, welches während solcher Zeit errichtet, oder dessen Nutzen18 vermehret worden, bestimmt werden; und Niemand, der irgend ein Amt unter den Vereinigten Staaten verwaltet, soll während dem, da er das Amt bekleidet, ein Glied eines der Häuser seyn.
S ECT. 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
7. A BSCH . Alle Bills19 zur Hebung eines Einkommens sollen in dem Hause der Repräsentanten ihren Ursprung nehmen; aber der Senat mag Verbesserungen vorschlagen oder dazu stimmen, wie bey andern Bills.
49
U NITED S TATES OF A MERICA Every Bill which shall have passed the House of Representatives and the Senate shall, before it become a Law, be presented to the President of the United States, If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Jede Bill, welche das Haus der Repräsentanten und der Senat wird genehmiget haben, soll, ehe sie ein Gesetz wird, dem Präsidenten der Vereinigten Staaten vorgelegt werden; wenn er sie billiget soll er sie unterschreiben, wo nicht, soll er sie mit seinen Einwendungen, dem Hause, in welchem sie ihren Ursprung genommen, zurück geben, welches die Einwendungen weitläufig in sein Tagebuch eintragen und sie wieder in Erwägung nehmen soll. Wenn nach solcher Wiedererwägung zwey Drittheile desjenigen Hauses übereinstimmen werden, die Bill zu genehmigen, soll sie nebst den Einwendungen dem andern Hause zugesandt werden, von welchem sie gleichfalls wieder erwogen werden soll, und wenn sie von zwey Drittheilen desselbigen Hauses gebilligt wird, soll sie ein Gesetz werden. Aber in allen solchen Fällen sollen die Stimmen beyder Häuser durch Ja und Nein entschieden und die Namen der Personen, die vor oder gegen die Bill stimmen, in das Tagebuch eines jeden Hauses respective eingetragen werden. Wenn der Präsident eine Bill innerhalb zehen Tagen (Sontage ausgenommen) nachdem sie ihm vorgelegt worden, nicht zurück gegeben wird, so soll sie auf gleiche Weise ein Gesetz seyn, als wenn er sie unterschrieben hätte, es sey denn, daß der Congreß durch Aufschiebung seiner Sitzung20 derselben Zurückgabe verhinderte, in welchem Falle sie kein Gesetz seyn soll.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a Question of Adjournment) shall be presented to the President of the United States; and before the same shall take Effect, shall be approved by him, or being disapproved by him shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Jede Verordnung, Schluß oder Meinung, wozu die Zustimmung des Senats und Hauses der Repräsentanten nöthig seyn mag (Fragen, das Aufschieben der Sitzungen betreffend, ausgenommen) soll dem Präsidenten der Vereinigten Staaten vorgelegt, und ehe dieselbe Platz nimmt, von ihm gebilliget werden; oder wenn sie von ihm gemißbilliget wird, soll sie von zwey Drittheilen des Senats und Hauses der Repräsentanten, nach den Regeln und Einschränkungen, die in dem Falle einer Bill vorgeschrieben wor-
50
C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787) den, wieder genehmiget werden. S ECT. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
8. A BSCH . Der Congreß soll Gewalt haben, Taxen, Abgaben, Auflagen und Accise aufzulegen und zu heben, die Schulden zu bezahlen, und für die gemeine Beschützung und allgemeine Wohlfahrt der Vereinigten Staaten zu sorgen; aber alle Abgaben, Auflagen und Accise sollen durch die Vereinigten Staaten einförmig seyn;
To borrow Money on the credit of the United States;
Geld zu lehnen auf den Credit der Vereinigten Staaten;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes,
Die Handelschaft mit auswärtigen Nationen, und unter den verschiedenen Staaten und mit den Indianer Stämmen, einzurichten;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Eine einförmige Regel zur Ertheilung des Bürgerrechts und einförmige Gesetze in Absicht der Bankrotte durch die Vereinigten Staaten vestzusetzen.
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Geld zu schlagen, den Werth desselben und der auswärtigen Münzen einzurichten und Gewicht und Maaß vestzusetzen;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Vorsorge zur Bestrafung des Verfälschens der Versicherungsscheine und der gangbaren Münzen der Vereinigten Staaten zu machen;
To establish Post Offices and post Roads;
Postämter und Poststrassen zu errichten;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Die Aufnahme21 der Wissenschaften und nützlichen Künste dadurch zu befördern, daß er denen Autoren und Erfindern das ausschliessende Recht zu ihren respectiven Schriften und Entdeckungen für eine gewisse Zeit versichert;
To constitute Tribunals inferior to the supreme Court;
Gerichtshöfe, die unter dem Obergerichte sind, zu errichten;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Seeräuberey und Hauptverbrechen22 , die auf der offenen See begangen werden, und Verbrechen gegen das Völkerrecht zu bestimmen und zu bestrafen;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning
Krieg zu erklären, Vollmachten, sich zu vertheidigen und Repressalien zu gebrau-
51
U NITED S TATES OF A MERICA Captures on Land and Water;
chen23 , zu ertheilen, und Verordnungen in Absicht gemachter Beute auf dem Lande oder Wasser zu machen.
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Truppen aufzubringen und zu unterhalten; doch soll keine Bestimmung des Geldes zu selbigem Gebrauch für eine längere Zeit als zwey Jahr seyn;
To provide and maintain a Navy;
Eine Seemacht zu errichten und zu unterhalten;
To make Rules for the Government and Regulation of the land and naval Forces;
Regeln zur Regierung und Einrichtung der Land- und Seemacht zu machen;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Verordnungen zur Aufforderung der Militz zu machen, die Gesetze der Vereinigung zu vollziehen, Aufruhr zu unterdrücken und Einfälle abzutreiben;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;
Vorsorge zur Einrichtung, Ausrüstung und Uebung der Militz, und zur Regierung desjenigen Theils derselben, der zum Dienst der Vereinigten Staaten gebraucht werden mag, zu machen; wobey doch den Verschiedenen Staaten die Bestellung der Officier und die Gewalt, die Militz der von dem Congreß vorgeschriebenen Verordnung gemäß, in den Waffen zu üben, vorbehalten werden soll;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings; – And
Das ausschliessende Recht, Gesetze zu geben, in allen Fällen über solchen District (der nicht über zehn Meilen ins Gevierte seyn soll) als durch Abtretung besonderer Staaten und Annehmung des Congresses der Sitz der Regierung der Vereinigten Staaten werden mag, auszuüben, und gleiche Gewalt über alle Oerter auszuüben, die mit Bewilligung der Gesetzgebenden Macht24 des Staats, in welchem dieselben seyn werden, um Vestungen, Vorrathshäuser, Zeughäuser, Schiffszimmerhöfe und ander nöthige Gebäude darauf zu errichten, erkauft werden; Und
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Govern-
Alle Gesetze zu machen, die nöthig und erforderlich seyn werden, die vorhergehende und alle andere Gewalt, die kraft dieser Verfassung der Regierung der Vereinigten
52
V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) ment of the United States, or in any Department or Officer thereof.
Staaten oder einem Department oder Beamten derselben ertheilet worden, in Ausübung zu bringen.
S ECT. 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
9. A BSCH . Die Wanderung oder Einführung solcher Personen, als irgend einer der jetzigen Staaten zu verstatten schicklich halten wird, soll vom Congreß vor dem Jahr ein tausend acht hundert und achte nicht verboten werden, aber ein Tax oder Abgabe, die sich nicht über zehen Thaler für jede Person beläuft, mag auf solche Einführung gelegt werden.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Das Recht des Habeas Corpus Befehls soll nicht aufgehoben werden, ausser wenn im Aufruhr oder Einfalle die öffentliche Sicherheit es erfordern mag.
No Bill of Attainder or ex post facto Law shall be passed.
Kein Gesetz, das jemanden ohne gerichtliche Ueberzeugung für schuldig erklärt, oder das nach begangener That gemacht wird und jemanden für schuldig erklärt, soll gemacht werden.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
Kein Kopfgeld oder andere unmittelbare Taxen sollen aufgelegt werden, ausser im Verhältniß der zu machenden Zählung wie hierin zuvor verordnet worden.
No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
Kein Tax oder Abgabe soll auf Artikel, die aus einem Staate ausgeführt werden, gelegt werden. Kein Vorzug soll durch irgend eine Einrichtung der Handelschaft oder Einkünfte denen Häven einem Staate vor denen in andern gegeben werden; noch sollen Schiffe, die nach einem Staate wollen oder von einem kommen, verpflichtet seyn, in einem andern zu entern, oder Gebühren oder Abgaben zu bezahlen.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law, and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Kein Geld soll aus der Schatzkammer gezogen werden, ausser wenn es durch Gesetze worzu bestimmt worden; und eine ordentliche Rechnung von Einnahmen und Ausgabe aller öffentlichen Gelder soll von Zeit zu Zeit bekannt gemacht werden.
No Title of Nobility shall be granted by the United States: And no Person holding
Kein Adelsbrief soll von den Vereinigten Staaten ertheilet werden; und Niemand, der
53
U NITED S TATES OF A MERICA any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
ein einträgliches oder wichtiges Amt25 unter denselben bekleidet, soll ohne Verwilligung des Congresses, ein Geschenk, Benutzung, Amt oder Titel von irgend einer Art, von einem Könige, Fürsten oder auswärtigem Staate annehmen.
S ECT. 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
10. A BSCH . Kein Staat soll einen Tractat, Bündniß oder Vereinigung errichten; Vollmachten, sich zu vertheidigen oder Repressalien zu gebrauchen, ertheilen26 ; Geld schlagen; Credit-Zettel27 herausgeben; irgend etwas, ausser Gold- und Silber-Münze für gültig in Bezahlung der Schulden, erklären; ein Gesetz machen, das Jemanden ohne gerichtliche Ueberzeugung für schuldig erklärt, oder das nach begangener That gemacht wird und Jemanden für schuldig erklärt, oder das die Verbindlichkeit eines Vertrags schwächet, oder einen Adelsbrief ertheilen.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Kein Staat soll ohne Bewilligung des Congresses, Auflagen oder Abgaben auf Waaren legen, die ein- oder ausgeführt werden, ausgenommen was zur Vollziehung seiner Aufsichts-Gesetze unumgänglich nöthig seyn mag; und das klare Einkommen von allen Abgaben und Auflagen, die ein Staat auf ein- oder ausgehende Waaren legt, soll zum Gebrauch der Schatzkammer der Vereinigten Staaten seyn; und der Congreß soll ein Recht haben, alle solche Gesetze zu verbessern und einzuschränken.
No State shall, without the consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Kein Staat soll ohne Bewilligung des Congresses, Tonnengeld heben, Truppen oder Kriegsschiffe in Friedenszeiten unterhalten, einen Vergleich oder Vertrag mit einem andern Staate oder mit einer auswärtigen Macht errichten, oder sich ein einen Krieg einlassen, ausgenommen wenn er wirklich angegriffen wird, oder in solcher augenscheinlichen Gefahr, die keinen Aufschub leiden will.
54
C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787)
ARTICLE II
2. ARTIKEL
S ECT. 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected as follows[:]
1. A BSCH . Die Vollziehende Gewalt soll einem Präsidenten der Vereinigten Staaten von America ertheilet werden. Er soll sein Amt vier Jahr bekleiden, und nebst dem Vice-Präsidenten, der für eben so lange Zeit gewählet wird, erwählet werden, wie folget:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Jeder Staat soll auf solche Art, wie die Gesetzgebende Macht28 desselben verordnen mag, eine Anzahl Erwähler bestimmen, die der ganzen Anzahl der Senatoren und Repräsentanten, zu welchen der Staat in dem Congreß berechtiget ist; aber kein Senator oder Repräsentante, oder der ein wichtiges oder einträgliches Amt29 unter den Vereinigten Staaten bekleidet, soll zu einem Erwähler bestimmt werden.
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from
Die Erwähler sollen in ihrem respectiven Staate zusammen kommen und durch Looszettel30 für zwey Personen stimmen, von welchen einer zum wenigsten kein Einwohner ihres Staats seyn soll. Und sie sollen ein Verzeichniß von allen den Personen für die gestimmt worden und von der Anzahl der Stimmen für jeden, ausmachen; Dieses Verzeichniß sollen sie unterschreiben und bescheinigen, und versiegelt nach dem Sitz der Regierung der Vereinigten Staaten senden, addressirt an den Präsidenten des Senats. Der Präsident des Senats soll in Gegenwart des Senats und Hauses der Repräsentanten alle die Bescheinigungen eröffnen und die Stimmen sollen alsdenn gezählet werden. Wer die größte Anzahl Stimmen hat, soll Präsident seyn, wenn solche Anzahl eine Mehrheit von der ganzen Anzahl der bestimmten Erwähler ist; und wenn als mehr als einer ist, der solche Mehrheit hat, und sie eine gleiche Anzahl Stimmen haben, so soll das Haus der Repräsentanten sogleich durch Looszettel einen von ihnen zum Präsidenten erwählen; und wenn niemand eine Mehrheit hat, so soll aus den fünf höchs-
55
U NITED S TATES OF A MERICA each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes; the Senate shall chuse from them by Ballot the Vice President.
ten in dem Verzeichnisse das besagte Haus auf gleiche Art den Präsidenten erwählen. Aber bey der Wahl des Präsidenten sollen die Stimmen nach den Staaten genommen werden, so daß die Repräsentanten von jedem Staate eine Stimme haben; ein Quorum zu diesem Zweck soll aus einen Gliede oder Gliedern von zwey Drittheilen des Staats bestehen, und eine Mehrheit aller Staaten soll zu einer Wahl nöthig seyn. In jedem Fall soll nach der Wahl des Präsidenten, derjenige, der die größte Anzahl Stimmen der Erwähler hat, Vice-Präsident seyn. Wenn aber zween oder mehrere übrig bleiben sollten, die gleiche Stimmen haben, so soll der Senat aus denselben durch Looszettel den Vice-Präsidenten wählen.
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
Der Congreß mag die Zeit zur Wahl der Erwähler und den Tag, an welchem sie ihre Stimme geben sollen, bestimmen; welcher Tag ein und eben derselbe durch die Vereinigten Staaten seyn soll.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
Niemand ausser ein geborner Bürger, oder der zu der Zeit, da diese Verfassung angenommen wird, ein Bürger der Vereinigten Staaten ist, soll zu dem Amte eines Präsidenten wahlfähig seyn; auch soll niemand zu diesem Amte wahlfähig seyn, der nicht das Alter von fünf und dreysig Jahren erreicht hat, und vierzehn Jahr ein Einwohner in den Vereinigten Staaten gewesen ist.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
Wenn der Präsidente vom Amte gesetzt wird, oder stirbt, oder es niederlegt oder untüchtig ist, die Gewalt und Pflichten des besagten Amtes auszuüben, so soll solches auf den Vice-Präsidenten fallen, und der Congreß mag durch Gesetze, wenn entweder der Präsidente oder Vice-Präsidente abgesetzt wird, stirbt, das Amt niederlegt oder untüchtig ist, Vorsorge machen und erklären, welcher Beamte alsdenn als Präsident handeln soll, und solcher Beamte soll demnach das Amt verwalten, bis die Untüchtigkeit gehoben ist, oder ein Präsident wird erwählet
56
V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) werden. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Der Präsident soll zu bestimmten Zeiten für seine Dienste eine Vergeltung empfangen, welche während der Zeit, für welche er erwählet worden, weder vermehret noch vermindert werden soll, und er soll innerhalb solcher Zeit keine andere Benutzung31 von den Vereinigten Staaten oder einem der selben empfangen.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: – “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Ehe der die Verwaltung seines Amtes antritt, soll er den folgenden Eid oder Betheurung nehmen: “Ich schwöre (oder betheure) feyerlich, daß ich das Amt eines Präsidenten treulich verwalten, und nach meinem besten Vermögen die Verfassung der Vereinigten Staaten erhalten, beschützen und vertheidigen will.”
S ECT. 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
2. A BSCH . Der Präsident soll Oberster Befehlshaber der Armee und Flotte der Vereinigten Staaten, und der Militz der verschiedenen Staaten seyn, wenn sie in wirkliche Dienste der Vereinigten Staaten gerufen wird; er mag die Meinung von den vornehmsten Beamten in jedem vollziehenden Department, wegen irgend eines Umstandes, die Pflichten ihrer respectiven Aemter betreffend, schriftlich fordern, und er soll die Gewalt haben, die Vollziehung des Urtheils aufzuschieben und Pardon für Verbrechen gegen die Vereinigten Staaten zu ertheilen, ausgenommen in Fällen einer publiken Anklage32 .
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appoint-
Er soll Gewalt haben nach der Anweisung und mit Bewilligung des Senats, Tractaten zu errichten33 , doch müssen zwey Drittheile der gegenwärtigen Senatoren dazu stimmen; und er soll nach der Anweisung und mit Bewilligung des Senats, Abgesandte, andere öffentliche Minister34 und Consuls, Richter des Obergerichts und alle andere Beamten der Vereinigten Staaten, für deren Bestellung hierin nicht auf andere Weise gesorgt ist, und welche durch Gesetze bestimt werden sollen, ernennen und bestellen. Aber der
57
U NITED S TATES OF A MERICA ment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Congreß mag durch Gesetze die Bestellung solcher Unterbeamten als er für schicklich hält, dem Präsidenten allein, denen Gerichtshöfen oder denen Häuptern der Departmenter35 , ertheilen.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Der Präsident soll Gewalt haben, alle erledigte Stellen, die sich während dem, da der Senat nicht sitzt36 , ereignen mögen, durch Ertheilung der Commissionen zu besetzen, welche am Ende der nächsten Sitzung desselben aufhören sollen.
S ECT. 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
3. A BSCH . Er soll von Zeit zu Zeit dem Congreß Nachricht von dem Zustande der Vereinigung geben und demselben solche Maaßregeln zur Erwägung empfehlen, als er für nöthig und nützlich halten wird; er mag bey ausserordentlichen Umständen beyde Häuser, oder eines derselben, zusammen rufen, und wenn sie in Absicht des Zusammenkommens37 nicht übereinstimmen, mag er solches auf eine gewisse Zeit nach seinem Gutdünken bestimmen; er soll Abgesandte und andere öffentliche Minister38 empfangen; er soll Sorge tragen, daß die Gesetze treulich vollzogen werden, und soll allen Beamten der Vereinigten Staaten Commißionen ertheilen.
S ECT. 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
4. A BSCH . Der Präsident, Vice-Präsident und alle bürgerliche Beamte der Vereinigten Staaten sollen ihres Amtes entsetzt werden, wenn sie wegen Hochverraths, Bestechung oder anderer hohen Verbrechen und Uebelthaten öffentlich angeklagt und davon überführet werden39 .
ARTICLE III
3. ARTIKEL
S ECT. 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour; and shall,
1. A BSCH . Die richterliche Gewalt der Vereinigten Staaten soll einem Obergerichte und solchen Untergerichten, als der Congreß von Zeit zu Zeit anordnen und errichten mag, ertheilet werden. Die Richter der Ober und der Untergerichte sollen ihr Amt behalten so lange sie sich wohl verhalten, und
58
C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787) at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
sollen zu bestimmten Zeiten für ihre Dienste eine Vergeltung bekommen, die nicht vermindert werden soll, so lange sie im Amte bleiben.
S ECT. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; – to all Cases affecting Ambassadors, other public Ministers and Consuls; – to all Cases of admiralty and maritime Jurisdiction; – to Controversies to which the United States shall he a Party; – to Controversies between two or more States; between a State and Citizens of another State; – between Citizens of different States, – between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
2. A BSCH . Die richterliche Gewalt der Vereinigten Staaten soll sich auf alle Fälle in Recht und Billigkeit erstrecken, die unter dieser Verfassung, den Gesetzen der Vereinigten Staaten und gemachten Tractaten oder die unter ihrer Gewalt werden gemacht werden, entstehen; auf alle Fälle betreffend, Abgesandten andere publike Minister40 und Consuls, auf alle Fälle der Gerichtsbarkeit der Admiralität und des Seewesens, auf Streitigkeiten, worin die Vereinigten Staaten verwickelt seyn werden, auf Streitigkeiten zwischen zween oder mehrern Staaten, zwischen einem Staate und Bürgern eines andern Staats, zwischen Bürgern von verschiedenen Staaten, zwischen Bürgern desselbigen Staats, die Ansprüche auf Ländereyen unter Verleihungen von verschiedenen Staaten, machen, und zwischen einem Staate oder den Bürgern desselben und auswärtigen Staaten, Bürgern oder Unterthanen.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
In allen Fällen, die Abgesandten, andere publike Minister41 und Consuls betreffen, und in solchen, in welchen ein Staat eine Parthey seyn wird, soll das Obergerichte die ursprüngliche Gerichtsbarkeit haben. In allen andern zuvorerwehnten Fällen, soll das Obergericht, was so wohl Gesetze als That betrifft, Appellations-Gerichtsbarkeit haben, mit solchen Ausnahmen und unter solchen Einrichtungen als der Congreß machen wird.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Das Verhör42 aller Verbrechen, ausgenommen in publiker Anklage43 , soll durch Geschworne geschehen; und solches Verhör soll in dem Staate, worin das Verbrechen begangen worden, gehalten werden; wenn es aber in keinem Staate begangen worden, so soll das Verhör an solchen Orten gesche-
59
U NITED S TATES OF A MERICA hen, als der Congreß durch Gesetze mag angewiesen haben. S ECT. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
3. A BSCH . Hochverrath gegen die Vereinigten Staaten soll nur darin bestehen, wenn jemand Krieg gegen dieselben erreget oder ihren Feinden durch Hülfleistung und Unterstützung anhänget. Niemand soll des Hochverraths schuldig erklärt werden, ausgenommen auf das Zeugnis zweyer Zeugen zu derselben offenbaren That oder auf das Bekenntniß in öffentlichem Gericht.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Der Congreß soll Gewalt haben, die Strafe des Hochverraths zu bestimmen, aber keine Ueberführung des Hochverraths soll sich über die Anverwandten erstrecken oder eine Verwirkung verursachen, ausgenommen so lange die überwiesene Person lebt.
ARTICLE IV
4. ARTIKEL
S ECT. 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
1. A BSCH . Völliger Glaube und Credit soll in jedem Staate den öffentlichen Acten, Registraturen und gerichtlichem Verfahren eines jeden andern Staats gegeben werden. Und der Congreß mag durch allgemeine Gesetze die Art und Weise vorschreiben, wie solche Acten, Registraturen und Verfahren bewiesen werden soll, und die Wirkung davon.
S ECT. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
2. A BSCH . Die Bürger eines jeden Staats sollen zu allen Vorrechten und Freyheiten der Bürger in den verschiedenen Staaten berechtigt seyn.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State shall, on Demand of, the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or
Wenn jemand in einem Staate des Hochverraths, eines Haupt-44 oder andern Verbrechens beschuldigt wird, und der Gerechtigkeit entfliehet, und in einem andern Staate gefunden wird, so soll er auf Ansuchen der vollziehenden Macht des Staats, aus welchem er entflohen ist, ausgeliefert und in den Staat gebracht werden, der die Gerichtsbarkeit über das Verbrechen hat. Niemand der in einem Staate, nach den Gesetzen desselben zur Dienstbarkeit oder Arbeit ver-
60
V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.
bunden ist, und in einen andern fliehet, soll, zufolge eines Gesetzes oder Einrichtung in demselben, von solcher Dienstbarkeit oder Arbeit frey gesprochen, sondern auf Ansuchen der Parthey, welcher er solche Dienstbarkeit oder Arbeit zu leisten schuldig ist, ausgeliefert werden.
S ECT. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
3. A BSCH . Neue Staaten mögen von dem Congreß in diese Vereinigung aufgenommen werden; aber kein neuer Staat soll innerhalb der Gerichtsbarkeit eines andern Staats gemacht oder errichtet werden; noch ein Staat durch Vereinigung zweyer oder mehrerer Staaten, oder Theile der Staaten, ohne Bewilligung der Gesetzgebenden Macht45 der darin begriffenen Staaten und des Congresses errichtet werden.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be to construed as to Prejudice any Claims of the United States, or of any particular State.
Der Congreß soll Gewalt haben, das Land oder anderes Eigenthum der Vereinigten Staaten zu verkaufen und deswegen die nöthigen Verordnungen und Einrichtungen zu machen; und nichts soll in dieser Verfassung so ausgelegt werden, daß es den Ansprüchen der Vereinigten Staaten oder eines besondern Staats nachtheilig seyn möge.
S ECT. 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
4. A BSCH . Die Vereinigten Staaten sollen jedem Staate in dieser Vereinigung eine Republikanische Regierungsform garantiren, und jeden Staat gegen Eingriffe, und auf Ansuchen der Gesetzgebenden oder Vollziehenden Macht46 (wenn die Gesetzgebende nicht kann zusammen gebracht werden) gegen innere Gewalthätigkeit schützen.
ARTICLE V
5. ARTIKEL
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Con-
Der Congreß soll, wenn zu irgendeiner Zeit zwey Drittheile von beyden Häusern es für nöthig erachten, Verbesserungen zu dieser Verfassung vorschlagen; oder soll auf Ansuchen der Gesetzgebenden Mächte47 von zwey Drittheilen der verschiedenen Staaten eine Convention, um Verbesserungen vorzuschlagen zusammen rufen, wel-
61
U NITED S TATES OF A MERICA stitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided, that no Amendment which may be made prior to the Year one thousand eight3 hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
che in beyden Fällen, in aller Absicht als ein Theil dieser Verfassung gültig seyn soll, wenn sie durch die Gesetzgebenden Mächte von drey Viertheilen der verschiedenen Staaten, oder durch Conventionen in drey Viertheilen derselben bestätigt werden, wie die eine oder die andere Art der Bestätigung von dem Congreß mag vorgeschlagen werden: Mit dem Vorbehalt, daß keine Verbesserung, die vor dem Jahr ein tausend acht hundert und achte gemacht werden mag, auf keinerley Weise der ersten und vierten Clausel in dem neunten Abschnitte des ersten Artikels zuwider seyn soll; und daß kein Staat ohne seine Bewilligung seines gleichen Rechts im Stimmen in dem Senate beraubt werden soll.
ARTICLE VI
6. ARTIKEL
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
Alle Schulden und Contracte48 , die vor der Annehmung dieser Verfassung gemacht und geschlossen worden, sollen so gültig gegen die Vereinigten Staaten unter dieser Verfassung seyn, als unter der Bundesgenossenschaft49 .
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Diese Verfassung und die Gesetze der Vereinigten Staaten, welche zufolge derselben werden gemacht werden, und alle gemachten Verträge, die unter der Gewalt der Vereinigten Staaten werden gemacht werden, sollen das höchste Landesgesetz seyn; und die Richter in jedem Staate sollen daran gebunden seyn, des Gegentheils einer Sache in der Verfassung oder den Gesetzen eines Staats ohnerachtet.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, that be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Die erwähnten Senatoren und Repräsentanten und die Glieder der verschiedenen Gesetzgebenden Mächte50 , und alle vollziehende und richterliche Beamte, so wohl der Vereinigten Staaten als der verschiedenen Staaten, sollen durch einen Eid oder Betheurung verpflichtet seyn, diese Verfassung zu unterstützen; aber kein Religions-Eid51 soll je als eine erforderliche Eigenschaft zu ei-
62
C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787) nem öffentlichen Amte52 unter den Vereinigten Staaten gefordert werden.
ARTICLE VII
[7. ARTIKEL]53
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Die Bestätigung der Conventionen von neun Staaten soll zur Vestsetzung dieser Verfassung zwischen den Staaten, welche dieselbe bestätigen, hinreichend seyn.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth[.]
Geschehen in der Convention, mit der einmüthigen Bewilligung der Staaten, die gegenwärtig sind, den siebenzehnten Tag des Septembers, in dem Jahre unsers Herrn tausend sieben hundert und sieben und achtzig, und der Unabhängigkeit der Vereinigten Staaten von America im zwölften.
In Witness whereof We have hereunto subscribed our Names.
Zeugniß dessen haben wir hierzu unsere Namen unterschrieben.
GEORGE WASHINGTON, President, And Deputy from Virginia. ⎧ George Read ⎪ ⎪ ⎪ ⎪ Gunning Bedford ⎪ ⎪ ⎨ junior Delaware John Dickinson ⎪ ⎪ ⎪ ⎪ Richard Bassett ⎪ ⎪ ⎩ Jacob Broom ⎧ James McHenry ⎪ ⎪ ⎨ Daniel of St. Tho. Maryland Jenifer ⎪ ⎪ ⎩ Daniel Carrol ⎧ ⎨ John Blair Virginia James Madison ⎩ junior ⎧ William Blount ⎪ ⎪ ⎨ Richard Dobbs North Carolina Spaight ⎪ ⎪ ⎩ Hugh Williamson ⎧ John Rutledge ⎪ ⎪ ⎪ ⎪ ⎨ Charles Cotesworth South Carolina Pinkney ⎪ ⎪ Charles Pinkney ⎪ ⎪ ⎩ Pierce Butler
Georg Waschington, Präsident, und Deputirter von Virginien.54 John Langdon, Neu-Hamschire. Nicolaus Gilman. Nathaniel Gorham, Massachusetts. Rujus King. ⎧ ⎨ William Samuel Conneticut. Johnson, ⎩ Roger Sherman. Neu-York. Alexander Hamilton. ⎧ William Livingston, ⎪ ⎪ ⎨ David Brearly, Neu-Jersey. William Paterson, ⎪ ⎪ ⎩ Jonathan Dayton. ⎧ Benjamin Franklin, ⎪ ⎪ ⎪ ⎪ Thomas Mifflin, ⎪ ⎪ ⎪ ⎪ Robert Morris, ⎪ ⎪ ⎨ George Clymer, Pennsylvanien. Thomas Fitzsimons, ⎪ ⎪ ⎪ ⎪ Jarad Ingersoll, ⎪ ⎪ ⎪ ⎪ James Wilson, ⎪ ⎪ ⎩ Gouverneur Morris.
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U NITED S TATES OF A MERICA Georgia New Hampshire Massachusetts
Connecticut New York
New Jersey
Pennsylvania
William Few Abraham Baldwin John Langdon Nicholas Gilman Nathaniel Gorham Rufus King
⎧ ⎨ William Samuel Johnson ⎩ Roger Sherman
Alexander Hamilton ⎧ William Livingston ⎪ ⎪ ⎨ David Brearley William Paterson ⎪ ⎪ ⎩ Jonathan Dayton ⎧ Benjamin Franklin ⎪ ⎪ ⎪ ⎪ Thomas Mifflin ⎪ ⎪ ⎪ ⎪ Robert Morris ⎪ ⎪ ⎨ George Clymer Thomas Fitzsimons ⎪ ⎪ ⎪ ⎪ Jared Ingersoll ⎪ ⎪ ⎪ ⎪ James Wilson ⎪ ⎪ ⎩ Gouverneur Morris
⎧ George Read, ⎪ ⎪ ⎪ ⎪ Gunning Bedford, ⎪ ⎪ ⎨ jüng. Delaware. ⎪ John Dickinson, ⎪ ⎪ ⎪ ⎪ Richard Bassett, ⎪ ⎩ Jacob Bromm. ⎧ James McHenry ⎪ ⎪ ⎨ Daniel of St. Th. Maryland. Jenifer, ⎪ ⎪ ⎩ Daniel Carrol. John Blair, Virginien. James Madison, jüng. ⎧ William Blount, ⎪ ⎪ ⎨ Richard Dobbs Nord-Caroline. Spaight, ⎪ ⎪ ⎩ Hugh Williamson. ⎧ John Rutledge, ⎪ ⎪ ⎪ ⎪ ⎨ Carl Cotesworth Süd-Caroline. Pinkney, ⎪ ⎪ Carl Pinkney, ⎪ ⎪ ⎩ Pierce Butler. William Few, Georgien. Abraham Baldwin.
Attest William Jackson, Secretary.
1
Verified by We, the People of the United States [. . . ], [Philadelphia: Printed by Dunlap & Claypoole, 1787], 6 p. and corrected according to the manuscript of the engrossed version, prepared to be signed by the members of the Convention, which is preserved in the National Archives, Washington, D.C. Spelling, capitalization, punctuation, and paragraphing as in the engrossed manuscript. The names of the signers were spelled out. On the Dunlap & Claypoole print as the first official printing of the Constitution, cf. Leonard Rapport, “Printing the Constitution: The Convention and Newspaper Imprints, August – November 1787”, in: Prologue, 2/2 (1970), 69–89. 2 In Dunlap & Claypoole print, 1, “regulations”. 3 In Dunlap & Claypoole print, 4, “seven”.
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Bezeugts, William Jackson, Secretair.
1
Verified by Verfahren der Vereinigten Convention gehalten zu Philadelphia, In dem Jahr 1787, Und dem Zwölften Jahr der Americanischen Unabhängigkeit. Auf Verordnung der General Assembly von Pennsylvanien aus dem Englischen übersetzt, Germantaun: Gedruckt bey Michael Billmeyer, [1787?], 16 p. The translation is different from the first two German translations to appear in the Gemeinnützige Philadelphische Correspondenz, 25 September, 1787 and in a second translation in Neue Unpartheyische Lancäster Zeitung, 26 September, 1787. The Billmeyer text is, however, identical to Verfahren der Vereinigten Convention gehalten zu Philadelphia, In dem Jahr 1787, Und dem Zwölften Jahr der Americanischen Unabhängigkeit. Auf Verordnung der General Assembly von Maryländ aus dem Englischen übersetzt, Friederichstadt: Gedruckt bey Matthias Börtgis [1787], 18 p., to Die Constitution, so wie sie zur Regierung der Vereinigten Staaten von America, von der zu Philadelphia, In dem Jahr 1787, Und dem Zwölften Jahr der Americanischen Unabhängigkeit gehaltenen Vereinigten
V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) Convention, vorgeschlagen worden. Aus dem Englischen übersetzt. Auf Ersuchen der Committee für die vereinigte Regierung der Staaten, in der Stadt von Albanien, Albany: Gedruckt bey Carl R. Webster, Num. 36, Staat-strasse, nahe bey der Englischen Kirche, 1788, 24 p., and to the translation as published in Tagebuch der Convention der Republik Pennsylvanien, Welche am Dienstage, den Zwanzigsten November, im Jahr unsers Herrn Ein Tausend Siebenhundert und Sieben und Achtzig, in Philadelphia anfieng, Zu dem Endzweck, Die Constitution, welche die letztere Bundesschaftliche Convention für die Vereinigten Staaten von America entworfen, in Ueberlegung zu nehmen, Aus dem Englischen übersetzt, Philadelphia: Gedruckt bei Melchior Steiner, 1788, p. 19–33. Subsequent German publications containing the Constitution elaborated on these existing translations, among them Geseze der Republik Pennsylvanien, in übersezten Auszügen. Enthaltend die brauchbaren öffentlichen Geseze bis zu dem Jahr 1805, einschließlich: So wie auch die Regierungs-Verfassungen der Vereinigten Staaten und von Pennsylvanien, hrg. unter Authorität eines Gesezes der General-Assembly, paßirt im April, 1805, Reading: Gedruckt und herausgegeben von Johann Ritter und Carl Kessler, 1807, i–xix (Amendments I–XII: xx–xxiv) (hereafter cited as B), Auszug aus den Gesetzen des Staates Illinois oder Sammlung derjenigen Rechtsvorschriften, die im bürgerlichen Leben am häufigsten zur Anwendung kommen, begleitet von der Unabhängigkeits-Erklärung und der Constitution der Ver. Staaten und des Staates Illinois, so wie von erleuternden Bemerkungen und Hinweisungen für die deutschen Bürger von Illinois, zusammengestellt von Gustav Körner, Rechtsanwalt, St. Louis: Druck und Verlag von Wilhelm Weber, 1838, 6–18 (Amendments I–XII: 19–21) (hereafter cited as C), Deutsches Gesezbuch: enthaltend, nebst der Unabhängigkeits-Erklärung und Verfassung der Vereinigten Staaten; die Verfassung und allgemeinen Geseze des Staates Ohio, gesammlet und übersetzt von Georg Walker, Germantown: Gedruckt bei Walker u. Espich, 1839, 12–24 (Amendments I–XIII: 25–28) (hereafter cited as D), and Die Revidirten Gesetze des Staates Indiana, erlassen in der sechsunddreißigsten Sitzung der General-Versammlung; nebst diversen Verordnungen, Ordonnanzen und öffentlichen Documenten, deren Druck mit den besagten Gesetzen verordnet wurde. Diesen sind vorangeschickt die Constitution der Vereinigten Staaten und die des Staates Indiana. Gedruckt und herausgegeben nach dem Gesetz, I, Indianapolis: Gedruckt in der Druckerei des Indiana Volksblattes, 1853, 19–32 (Amendments I–XII: 33–35) (hereafter cited as E).- Spelling, capitalization, and punctuation follow the Billmeyer print, with obvious typographical errors tacitly corrected. To avoid redundancies, wrong or peculiar translations are only annotated where the translation is unclear or the translators were inconsistent in their choice of words. Hereafter O stands for
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U NITED S TATES OF A MERICA English original. 2 O, “Union”; B, i, “Vereinigung”; C, 6, “Vereinigung”; D, 12, “Vereinigung”; E, 20, “Union”. 3 O, “State Legislature”; B, ii, “Staats-Gesezgebung”; C, 6, “Staatsgesetzgebung”; D, 12, “Staatsgesezgebung”; E, 20, “Hauses der Repräsentaten in ihrem eigenen Staate”. 4 O, “sole power of impeachment”; B, iii, “vor dem Senat Klagen anzubringen”; C, 7, “Beamte vor dem Senat in Anklagezustand zu versetzen”; D, 13, “das Recht der Anklage und Untersuchung steht demselben ganz allein zu”; E, 21, “öffentliche Beamte der Union wegen Amtsverletzung vor dem Senate zu verklagen”. 5 O, “Legislature”; B, iii, “Gesezgebung”; C, 7, “gesetzgebenden Gewalt”; D, 13, “Staatsgesetzgebung”; E, 21, “Gesetzgebung”. 6 O, “Legislature”; B, iii, “Gesezgebung”; C, 7, “gesetzgebende Gewalt”; D, 13, “Gesetzgebung”; E, 22, “Staatsgesetzgebung”. 7 O, “Recess”; B, iii, “keine Sizung hält”; C, 7, “nicht versammelt ist”; D, 13, “nicht versammelt ist”; E, 22, “keine Sitzung hält”. 8 O, “Executive”; B, iii, “vollziehende Obrigkeit”; C, 7, “vollziehende Gewalt”; D, 13, “Regierung”; E, 22, “vollziehende Gewalt”. 9 O, “Legislature”; B, iii, “Gesezgebung”; C, 7, “gesetzgebenden Gewalt”; D, 13, “Gesetzgebung”; E, 22, “Staatsgesetzgebung”. 10 O, “to try all Impeachments”; B, iv, “über alle vor ihn gebrachte Anklagen Gericht zu halten”; C, 8, “alle durch die Repräsentanten gestellten Anklagen von Beamten zu untersuchen”; D, 13, “alle vorkommenden Anklagen zu verhandeln”; E, 22, “über alle, gegen Beamte der Union wegen Amtsverletzung gemachte Anklagen Gericht zu halten”. 11 O, “Chief Justice”; B, iv, “Oberrichter (Chief Justice)”; C, 8, “oberste Richter”; D, 13, “höchste Richter (the Chief Justice)”; E, 22, “Oberrichter des obersten Gerichtshofes”. 12 O, “any Office of honor, Trust or Profit”; B, iv, “irgend ein Ehren-Amt, ein Amt des Vertrauens oder ein einträgliches Amt”; C, 8, “ein Ehrenamt oder ein Vertrauen erforderndes oder gewinnbringendes Amt”; D, 14, “einer Ehrenstelle oder eines Amtes mit welchem eine Casse verbunden ist, oder einen Gehalt abwirft”; E, 22, “eine Ehrenstelle oder ein besoldetes Amt”. 13 O, “Legislature”; B, iv, “Gesezgebung”; C, 8, “Gesetzgebung”; D, 14, “Gesetzgebung”; E, 22, “Gesetzgebung”. 14 O, “Elections, Returns and Qualifications”; B, iv, “Erwählungen, Berichte und Eigenschaften”; C, 8, “Wahlen, Wahlberichte und die Wahlfähigkeit”; D, 14, “Eigenschaften”; E, 22, “die Wahlberichte und die Wahlbefähigung”. 15 O, “constitute a Quorum to do Business”; B, iv, “eine hinlängliche Anzahl (Quorum) seyn, um Geschäfte zu verrichten”; C, 8, “eine gehörige Zahl zur Führung
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C ONSTITUTION OF THE U NITED S TATES OF A MERICA (1787) der Geschäfte bilden”; D, 14, “jede Mehrheit derselben ist hinreichend um diese Geschäfte abzumachen”; E, 23, “die zur Geschäftsführung nöthige Zahl (quorum) sein”. 16 O, “Felony”; B, v, “Felonie (Unter Felonie werden alle Hauptverbrechen begriffen [as footnote])”; C, 9, “peinliches Verbrechen”; D, 15, “peinlichen Verbrechen”; E, 23, “Treubruchs”. 17 O, “for any Speech or Debate in either House”; B, v, “für keine Rede oder Debatte in einem der beyden Häuser”; C, 9, “wegen keiner im Hause gehaltenen Rede oder gepflogenen Erörterung”; D, 15, “für Reden, ausgesprochene Grundsätze und Meinungen in ihrem betreffenden Hause”; E, 23, “wegen keiner in einem der beiden Häuser gehaltenen Rede oder Verhandlung”. 18 O, “emoluments”; B, v, “Einkünfte”; C, 9, “Einkünfte”; D, 15, “Einkünfte”; E, 23, “Einkommen”. 19 O, “All Bills”; B, vi, “Alle Bills (Ein Entwurf zu einem Gesez [as footnote])”; C, 9, “Alle Gesetzesvorschläge”; D, 15, “Jeder Gesetzesvorschlag”; E, 23, “Alle Gesetzesvorschläge”. 20 O, “Adjournment”; B, vi, “Aufbruch”; C, 10, “Vertagung”; D, 15, “Vertagung”; E, 24, “Vertagung”. 21 O, “progress”; B, vii, word missing; C, 10, “Fortschreiten”; D, 16, word missing; E, 24, “Aufblühen”. 22 O, “Piracies and Felonies committed on the high Seas”; B, viii, “Räubereyen und Verbrechen, welche auf der offenen See begangen werden”; C, 10, “Seeräubereien und Verbrechen, die auf hoher See begangen worden sind”; D, 16, “Verbrechen auf der See”; E, 25, “Seeräuberei und Aufruhr auf offener See”. 23 O, “grant letters of marque and reprisal”; B, viii, “Caper-Briefe zu ertheilen”; C, 10, “Kaper- und Repressalienbriefe auszustellen”; D, 16, “Caperschiffe auszurüsten und Caperbriefe an Privatpersonen auszustellen”; E, 25, “Kaperbriefe ertheilen”. 24 O, “legislature”; B, ix, “Gesezgebung”; C, 11, “Gesetzgebung”; D, 17, “Gesetzgebungen”; E, 25, “gesetzgebenden Versammlung”. 25 O, “office of profit or trust”; B, x, “ein einträgliches Amt oder ein Amt des Vertrauens”; C, 12, “Amt des Gewinnes oder Vertrauens”; D, 18, “Amt mit einer Casse oder Profit”; E, 26, “ein besoldetes Amt oder eine Ehrenstelle”. 26 O, “enter into any Treaty, Alliance, or Confederation; grant letters of marque and reprisal”; B, x, “sich in irgend einen Tractat, Verbindung oder Bündniß einlassen; Caperbriefe ertheilen”; C, 12, “einen Vertrag, Bündniß oder Verbindung eingehen, Kaper- und Represalienbriefe ertheilen”; D, 18, “einen Handels- oder andern Vertrag, oder Bündniß abschließen, Caper und Freibeuterbriefe ausstellen”; E, 26, “in Bündnisse, Verbindungen oder Sonderbünde treten; Kaperbriefe bewilligen”. 27 O, “Bills of Credit”; B, x, “Credit-Bills”; C, 12, “circulirende Schuldscheine”; D, 18, “Schuldscheine”; E, 26, “Papiergeld”.
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U NITED S TATES OF A MERICA 28 O, “Legislature”; B, xi, “Gesezgebung”; C, 13, “Gesetzgebung”; D, 18, “Gesetzgebung”; E, 26, “gesetzgebenden Versammlung”. 29 O, “office of trust or profit”; B, xi, “ein Amt des Vertrauens oder ein einträgliches Amt”; C, 13, “Amt des Vertrauens oder Gewinnes”; D, 18, “Beamter, dem eine Casse anvertraut, ist oder der sonst ein einträgliches Amt begleitet”; E, 27, “Amt”. 30 O, “ballot”; B, xi, “Stimm-Zettel”; C, 13, “Ballotiren”; D, 18, word missing; E, 27, “Ballotiren”. 31 O, “Emolument”; B, xiii, “Vortheil”; C, 14, “pecuniären Vortheil”; D, 20, “Nebenverdienste”; E, 28, “Vergütung oder Benefiz”. 32 O, “impeachment”; B, xiv, “Anklage vor dem Senat”; C, 14, “wo vom Haus der Repräsentanten eine Anklage gestellt worden ist”; D, 20, “wenn bereits eine Anklage vorliegt”; E, 28, “der Anklage vor dem Senat”. 33 O, “to make Treaties”; B, xiv, “Tractaten zu schließen”; C, 14, “Verträge zu schließen”; D, 20, “Verträge abzuschließen”; E, 28, “Bündnisse zu schließen”. 34 O, “public Ministers”; B, xiv, “öffentliche Minister”; C, 14, “öffentliche Bevollmächtigte”; D, 20, “Minister”; E, 28, “öffentliche Minister”. 35 O, “Heads of Departments”; B, xiv, “den Obersten in den Regierungs-Fächern”; C, 15, “Vorstehern der Regierungsfächer”; D, 20, “Departements Chefs”; E, 28, “obersten Leitern der verschiedenen Zweige der Verwaltung”. 36 O, “during the Recess of the Senate”; B, xiv, “da der Senat keine Sizung hält”; C, 15, “während des Nichtzusammenseins des Senates”; D, 20, “während der Senat seine Sitzungen aufgelöst hat”; E, 28, “während der Abwesenheit des Senates”. 37 O, “Time of adjournment”; B, xiv, “Zeit, bis zu welcher sie ihre Sizung zu verschieben haben”; C, 15, “ihrer Vertagung”; D, 21, “in Betreff ihrer Vertagung”; E, 28, “Zeit [...],auf welche sie sich vertagen wollen”. 38 O, “other public Ministers”; B, xiv, “andere öffentliche Minister”; C, 15, “andere öffentliche Bevollmächtigte”; D, 21, “Minister”; E, 29, “andere öffentliche Beamten”. 39 O, “on Impeachment for, and Conviction of”; B, xv, “auf eine Anklage vor dem Senat und auf Ueberweisung”; C, 15, “auf Anklage und Ueberführung”; D, 21, “angeklagt oder überwiesen”; E, 29, “auf Anklage und Ueberführung vor dem Gerichte”. 40 O, “to all Cases affecting Ambassadors, other public Ministers and Consuls”; B, xv, words missing; C, 15, “auf alle Fälle, die Gesandte, andere öffentliche Bevollmächtigte und Consuln betreffen”; D, 21, “über alle Angelegenheiten von Gesandten, Minister, Consuln”; E, 29, “ferner auf alle Fälle, welche Gesandte oder andere Minister betreffen”. 41 O, “public Ministers”; B, xv, “öffentliche Minister”; C, 16, “öffentliche Bevollmächtigte”; D, 21, “Minister”; E, 29, “öffentliche Minister”.
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V ERFASSUNG DER V EREINIGTEN S TAATEN (1787) 42
O, “The Trial”; B, xvi, “Das Verhör”; C, 16, “Die Gerichtsverhandlungen”; D, 21, “Untersuchung”; E, 29, “Alle Prozesse”. 43 O, “Cases of Impeachment”; B, xvi, “wo eine Anklage vor den Senate gebracht wird”; C, 16, “die Fälle der Anklage vor dem Senat”; D, 21, “Klagen im Namen der Vereinigten Staaten (impeachment)”; E, 29, “der Anklagen vor dem Senat”. 44 O, “Felony”; B, xvii, “Felonie”; C, 17, “Felonie”; D, 22, “Criminal Verbrechens”; E, 30, “Treubruchs”. 45 O, “legislatures”; B, xvii, “Gesezgebungen”; C, 17, “Gesetzgebungen”; D, 23, “Gesetzgebungen”; E, 30, “gesetzgebenden Versammlung”. 46 O, “of the Legislature, or of the Executive”; B, xvii, “der Gesezgebung oder der vollstreckenden Obrigkeit”; C, 17, “der gesetzgebenden oder ausübenden Gewalt”; D, 23, “von der Gesetzgebung, oder [...] von dem regierenden Beamten”; E, 31, “der gesetzgebenden Versammlung, oder [...] der ausübenden Gewalt”. 47 O, “legislatures”; B, xviii, “Gesezgebungen”; C, 17, “gesetzgebenden Gewalten”; D, 23, “Gesetzgebungen”; E, 31, “gesetzgebenden Versammlungen”. 48 O, “All Debts contracted and Engagements entered into”; B, xviii, “Alle Schulden und Verbindlichkeiten, welche [...] gemacht und eingegangen worden”; C, 18, “Alle [...] contrahirten Schulden und eingegangenen Verbindlichkeiten”; D, 23, “Für alle Schulden und Verpflichtungen, welche [...] eingegangen waren”; E, 31, “allen [...] gemachten Schulden und übernommenen Verbindungen”. 49 O, “Confederation”; B, xviii, “Confederation”; C, 18, “Conföderation”; D, 23, “bei der frühern Verbindung der Staaten (Confederation)”; E, 31, “früher bestandenen Bundesartikeln”. 50 O, “of the several State Legislatures”; B, xviii, “der verschiedenen Staats-Gesezgebungen”; C, 18, “der verschiedenen Staatsgesetzgebungen”; D, 24, “der Gesetzgebungen der einzelnen Staaten”; E, 31, “der verschiedenen gesetzgebenden Versammlungen der Staaten”. 51 O, “religious test”; B, xix, “bestimmte ReligionsMeynung”; C, 18, “Abschwörung religiöser Meinungen”; D, 24, “religiöses Glaubensbekenntniß”; E, 31, “Glaubensbekenntniß”. 52 O, “to any office or public trust”; B, xix, “für ein Amt oder öffentlichen Auftrag”; C, 18, “zu irgend einem Dienst oder öffentlichen Amt”; D, 24, “für irgend ein Amt oder des öffentlichen Zutrauens”; E, 31, “zu irgend einem Amte”. 53 Heading missing in the German translations before C. 54 The rest according to the Dunlap & Claypoole print. In C, 18, signatures missing.
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De Constitutie der Vereenigde Staaten (1787) Wy, het Volk van de Vereenigde Staaten,1
ten einde om een volmaaktere vereeniging te formeeren, gerechtigheid te staven, inlandsche rust in verseekering te stellen, om zorg te dragen voor de gemeene verdeedeging, het algemeen welvaren te bevorderen, en de zeegeningen van vryhyd te beveiligen, voor ons en ons nageslagt, ordoneeren en stellen vast deeze Constitutie voor de Vereenigde Staaten van Amerika.
ARTYKEL I 1. A FD . Alle wetgeevende machten hierin toegestaan, zullen gevestigt weesen in een Congress van de Vereenigde Staaten, ’t welk bestaan zal uit een Senaat en Huis van Representatives. 2. A FD . Het Huis van Representatives zal ’t samen gesteld zyn uit leeden elken tweede yaar verkoren by het volk van de bysondere staaten, en de kiesers in elke staat zullen de hoedanigheeden hebben, die vereyst worden in de verkiesers van de talrykste rank der staats legislature. Geen persoon zal een representatief zyn die niet berykt heeft den ouderdom van vyf en twintig jaaren, en seeven jaaren een burger van de Vereenigde Staaten geweest is, en die, wanneer verkooren, niet zal zyn een in woonder van die staat in welke hy zal gekoozen zyn. Representatives en directe taxen zullen verdeelt worden onder de verscheyde staaten die ingeslooten moogen zyn in deese unie, overeenkomstig haare respective aantal, dat bepaalt zal worden door byvoeging
tot het geheele getal van vrye persoonen, insluitende die geenen die verbonden zyn om te dienen voor een tyd van jaaren, en uitsluitende de Indiaanen die niet getaxt zyn, drie vyf-dens van alle andere persoonen. De dadelyke volks optelling zal gemaakt worden binnen drie jaaren na de eerste byeenkomste van het Congress der Vereenigde Staaten, en binnen elke na volgende tyd van tien jaaren, op sulk een maniere als sy by de wet zullen bestellen. Het getal der Representatives zal niet grooter zyn dan eén voor elke dartig duisent, maar elke staat zal op zyn minst een representative hebben; en tot dat sulke optelling zal gemaakt zyn, so zal de staat van Nieuw-Hampshire moogen verkiesen drie, Massachusetts acht, Rood-Eyland en de Plantagien van Providence èen, Connecticut vyf, Nieuw-York ses, Nieuw-Jersey vier, Pennsylvania acht, Delaware èen, Maryland ses, Virginia tien, Noord-Carolina vyf, Suid-Carolina vyf, en Georgia drie. Wanneer plaatsen open vallen in de representatie van enige staat, zo zal de executive authority daar van writs van verkiezinge uitsenden, om zulke vacante plaatsen optevullen. Het Huis van Representatives zal haer spreeker en andere officieren verkiesen; en zal alleen de magt hebben van ’t zoogenaamde impeachment {of aanklachte.} 3. A FD . De Senaat van de Vereenigde Staaten zal ’t samen gesteld zyn uit twee senators van elke staat, verkoren door de legislature daar van, voor ses jaaren; en elke senator zal een stem hebben. Zo aanstonds nadat ze zullen vergadert zyn, in gevolge van de eerste electie, zullen
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U NITED S TATES OF A MERICA sy, zoo evengelyk als weesen kan, verdeeld worden in drie classen. De plaatsen van de eerste class der senators zullen vacant zyn, na ’t verloop van ’t tweede jaar; en van de tweede class na ’t verloop van ’t vierde jaar; en van de derde class na ’t verloop van ’t sesde jaar; so dat een derde verkooren magh worden elke tweede jaar: en by aldien ’er plaatsen open sullen vallen door resignatie, of andersints, gedurende dat de legislature van eenige staat niet zittende is, de executive of uitvoerende macht daar van zal voor een zekere tyd aenstellingen moogen maaken tot op de naaste vergadering van de legislature, welke dan sulke vacante plaatsen zal opvullen. Geen persoon zal een senator zyn, die niet gekomen is tor den ouderdom van dertig jaaren, en neegen jaaren een burger geweest is van de Vereenigde Staaten, en die, wanneer verkoren, geen inwoonder van dien staat is, voor welke hy zal verkooren zijn. De Vice-President van de Vereenigde Staaten, zal President zyn van de Senaat, dog zal geen stem hebben tensy de stemmen egaal verdeelt zijn. De Senaat zal verkiesen haar andere officieren als ook een President voor een tyd, in de afweesenthyd van de Vice-President, of wanneer die het ampt van President der Vereenigde Staaten zal waar neemen. De Senaat zal alleen de macht hebben om alle zoogenaamde impeachments te beoordeelen. Wanneer tot dat eynde zittende, zullen zy op eed, of bevestiging zyn. Wanneer de President van de Vereenigde Staaten getry’d word, zo zal de chief justice presideeren: en niemand zal schuldig verklaart worden zonder de toe stemming van twee derdens der teegenwoordig zijnde leeden. Het oordeel in geval van impeachment zal zig niet verder uitstrekken, dan tot iemands afsetting van zyn officie, en onbequaam-verklaring om te behouden en te genieten eenig ampt van eere, vertrouwen of voordeel, onder de Vereenigde Staaten;
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maar de veroordeelde party zal nogthans bloodgesteld, en onderworpen zyn, aan een indictment, trial, oordeel, en straffe volgens de wet. 4. A FD . De tyden, plaatsen, en wyse van ’t houden van de verkiezingen der senators en representatives, zullen worden voorgeschreeven in elke staat door de legislature daar van; maar het Congress mag ter eeniger tyd, by een wet, maaken, of veranderen sodanige regulatien, uit genoome {betreklyk tot} de plaatsen van de verkiesing der senators. De Congress zal vergaderen ten minsten eens in elk jaar, en zulke vergadering zal zyn op den eersten Maandag in December, ten waare sy by eene wet een ander dag zullen bepalen. 5. A FD . Elk Huis zal oordeelen over de verkiesingen, returns, en qualificatiens van zijn eyge leeden, en een meederheid van elk zal een genoegsaam getal zijn om bezigheden te doen; maar een minder getal mag van dag tot dag adjournen, en geauthoriseerd zyn om de afweesende leeden te noodzaken de vergaderinge bytewoonen, op zulken manier en onder sodanige verbeurten, als elk Huis zal verzien. Elk Huis mag vaststellen de reegels van dessel[v]s wyze van handelingen, desselvs leeden straffen, wegens onordentelyk gedrag en met overeen stemming van twee derdens, een lid, expellen. Elk Huis zal een journal of dagregister houden van haare handelingen, en van tyd tot tyd het zelve publiceeren, uit genoome zodanige stukken, die in haar oordeel moogen vereischen geheym gehouden te worden; en de yeas en nays {de stemmen voor en teegen} van de leeden van elk Huis op eenige vraag, zullen op de begeerte van een vyfde der tegewoordige leeden, geboekt worden in het dag-register. Geen van beide Huizen, zal zonder toestemminge van ’t andere, gedurende de zit-
D E C ONSTITUTIE DER V EREENIGDE S TAATEN (1787) tinge van de Congress, adjournen voor langer dan drie dagen, noch naar eenige andere plaatse, dan waar de twee Huizen zullen zyn zittende. 6. A FD . De Senators en Representatives zullen een vergeldinge ontfangen, voor haare diensten, welke by wet zal bepaald, en uit de treasury van de Vereenigde Staaten, betaald worden. Zu2 zullen in alle gevallen, uitgezondert van verraad, dood waerdige misdaad3 en verbrekinge van vreede, het voorregt hebben om niet gearresteerd te worden, gedurende haar opwagting ter zittinge van de respective Huisen, en in ’t heen gaan en weerkeeren van deselve; en om eenige woorden of verschil redenen4 in een van beyde Huisen, zullen zy niet moogen gequestioneerd worden in eenige andere plaats. Geen Senator of Representative zal, gedurened den tyd voor welke hy verkooren was, gesteld worden in eenig burgelyk ampt onder de authorityt van de Vereenigde Staaten, ’t welke zal aangesteld zyn geweest, of de voordeelen waar van zullen zyn vermeerdert geworden gedurende sulk een tyd; en geen persoon houdende eenig officie onder de Vereenigde Staaten, zal een lid zyn van een van beijde Huisen, so lang hy in zyn ampt zal continueeren. 7. A FD . Alle bills om inkomsten te rijzen, zullen haar oorsprong hebben in het Huis van Representatives; maar de Senaat mag voorstellen, of instemmen met amendments, gelyk in andere bills. Elke bill die het Huis van de Representatives en de Senaat zal gepasseerd zyn, zal, eer het een wet wort, gepresenteerd worden aan den President van de Vereenigde Staaten, so hy ’er van approbeert, zal hy het onder teekenen, maar so niet, zal hy het te rug senden, met zijne tegenwerpingen, aan dat Huis waarin het zijn oorsprong genomen heeft, ’t welke de tegen werpingen in ’t breede in ’t register boek zal laten
schrijven, en voordgaan om deselve op ’t nieuw te overweegen. By aldien na sulk een tweede overweeging, ’twee derdens van dat Huis zullen overeenstemmen om de bill te passeeren zo zal die, te samen met de teegenwerpingen, gesonden worden aan het andere Huis, van welke het ook zal wederom overwogen worden, en so het bij twee derdens van dat Huis goedekeurt word, zo zal het een wet zyn. Maar in alle sulke gevallen zullen de stemmen van beyde de Huisen door yeas en nays bepaalt worden, en de naamen van de personen voor en teegen de bill stemmende, zullen in het journal van elk byzonder Huis neergezet worden. So eenige bill niet zal wederom gezonden worden door den President in den tyd van tien daagen (de Zondaagen uit gezondert) na dat die aan hem zal gepresenteerd zyn, zo zal deselve een wet zyn, even als of hy die getekent hadde, ten ware de Congress door haar adjournment, de te rug sendi[n]g daar van voorkomt, in welk geval het geen wet zal zyn. Elke order, besluit, of stemminge, tot welke de overeenkomste van de Senaat en ’t Huis van Representatives mogte noodsaakelyk zyn (behalve op een vraag van adjournment) zal voorgesteld worden aan den President van de Vereenigde Staaten, en voordat deselve effect zal neemen, zal die door hem afgekeurt wederom moeten gepasseert zyn by twee derdens van de Senaat en ’t Huis van Representatives, in gevolge de reegels en bepaalingen voorgeschreeven, in ’t geval van een bill. 8. A FD . De Congress zal magt hebben, Om op te leggen en te collecteeren taxen, tollen, schattingen en excysen, om de schulden te betaalen, en te zorgen voor de gemeene verdediging en ’t algemeene welvaaren van de Vereenigde Staaten; maar alle tollen, schattingen en excysen, sullen eevengelyk zyn door {alle} de staaten; Om geld op te neemen op het crediet van
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U NITED S TATES OF A MERICA de Vereenigde Staaten; Om de koopmanschap5 te reguleeren met buitenlandsche natien, en onder de onderscheiden staaten, alsook met de Indiaansche volkeren; Om vast te stellen eenerly regel van naturalizatie, en eenerly wetten op het onderwerp van bankrotten door alle de Vereenigde Staaten; Om geld te slaan, de waarde daar van te reguleeren en van buitenlansch geld, meede de standaard van gewigten en maaten vast te stellen; Om zorg te draagen voor het straffen van het namaaken der securityten en ’t gangbaar geld van de Vereenigde Staaten; Om vast te stellen post-officien en postweegen; Om den voordgang van weetenschap en nuttige konsten te bevorderen door (voor bepaalde tyden) aan de autheurs, en uitvinders te verzeekeren het uit sluitend regt tot haare bysondere schriften en ontdekkingen; Om vierschaaren aan te stellen laager dan de hooge court; Om te bepalen en te straffen zeerooverien en doodwaardige misdaaden gepleegt op de hooge zee, en beleedigingen teegen de wet der natien; Om oorlog te verklaaren, brieven van zelfsverdes dinge en van wederneeming6 te vergunnen, en reglementen te maaken, belangende buit of prijsen te land en te water; Om legers te rijzen en te onderhouden, maar geen aaneigening van geld voor dat gebruick zal langer zyn dan voor twee jaaren; Om te be zorgen en te onderhouden een scheeps vloot; Om reglementen te maaken voor het government en de schikking van de krygs magt te lande en op zee; Om te verzien dat de militie uitgeroepen word, ten einde de wetten van de unie te hanhavenen7 , oproeren te dempen, en vyandelyke invallen aftekeeren;
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Om te zorgen, dat de militie in order gebracht, met wapens voorzien en gedisciplineerd word, en dat zulk een gedeelte daarvan als mochte gebruikt worden in den dienst van de Vereenigde Staaten wel geregeerd werde, behoudende voor de staaten byzonderlyk het aan stellen van officieren, en de magt om de militie te leeren en te laate optrekken8 , volgens de discipline voorgeschreeven door de Congress; Om te oefenen een uitsluitende magt van wetten te maaken in alle gevallen hoe genaamt, over sulk een district (niet booven tien mylen in ’t vierkant) als by afstant van bysondere staaten, en het aan neemen van Congress mochte bekoomen de zitplaatze der regeering van de Vereenigde Staaten, en om te oefenen een gelyke magt over alle plaatsen gekogt met toestemming van de legislature van dien staat, in welken deselve gelegen zyn zullen tot het oprechten van forten, magazynen, wapenhuizen, scheepsdokken en andere noodzakelye gebouwen; en Om alle wetten te maken, die noodig en bequaam zullen zyn om ter uitvoer te brengen de voorgaande magten en alle andere machten, gevestigt by deese Constitutie in het government van de Vereenigde Staaten, of in eenig department of officiant daarven. 9. A FD . De verhuizinge of de invoering van sulke persoonen als eenige van de staaten die nu bestaan gevoegelyk zullen denken toe te laaten, zal door de Congress niet verbooden worden, eerder als het jaer een duisend acht honderd en acht, maar een taxt of schattinge mag gelegd worden op sulk een importatie niet boven tien daalders voor elken persoon. De privilegie van het writ van habeas corpus, zal niet opgeschort worden, ten zy de gemeene behoudenisse in gevallen van rebellie of invasie het mogte vereyschen. Geen bill van attainder, ex post facto wet, zal gepasseerd worden.
D E C ONSTITUTIE DER V EREENIGDE S TAATEN (1787) Geen hooft geld of andere directe taxt zal gelegt worden, als in proportie na de census of optelling, die hier in te voore aan gewezen is genomen te zullen worden. Geen taxt of dutie zal gelegt worden op artikelen uitgevoert van eenige staat. Geen voorrang zal gegeeven worden, door eenige regulatie, van koophandel of inkomst, aan de haavens van de eene staat boven die van een ander; nog zullen scheepen varende tot, of van een staat, verpligt zyn zich aan te geeven, uit te klaaren, of te betalen9 in een ander. Geen geld zal getrokken worden uit de treasury, als alleen in gevolge de bestellingen daar toe gemaakt by de wet; en een gereguleerde optrekkinge en rekening van de ontfangst en uitgaaf van al het publijke geld, zal van tyd tot tyd, gepubliceerd worden. Geen tytel van adel sal vergunt worden by de Vereenigde Staaten: En geen persoon hebbende eenig ampt van voordeel of vertrouwen in dezelve, zal zonder toestemming van de Congress, moogen accepten, van eenig present, gewin officie of tytel van eenige soort hoe genaemt, van eenige koning, prins, of uitheemsche staat. 10. A FD . Geen staat zal in eenige onderhandeling verbintenis, of bondgenootschap treeden; geen brieven van zelfs verdediging, of van wederneemig vergunnen; geen geld slaan; geen billen van crediet uitgeeven; geen ding behalve ’goud en silvermunt een tender in het betaalen van schulden maaken; geen bill van attainder passeeren, geen ex post facto wet, of wet verkortende de obligatie van contracten, of enige tytel van adel geeven. Geen staat zal, zonder consent van de Congress, eenige imposten of taxen leggen op in, en uitgevoerde goederen, uitgenoome wat absoluit noodzakelyk mogt zyn voor de executie van haare inspectie wetten; en de nette bedraginge van alle duties en impos-
ten, gelegt door eenige staat op in en uitgevoerde goederen, zal voor ’t gebruik van de treasury der Vereenigde Staaten zyn; en alle sulke wetten sullen onderworpen zijn aan de revisie en ’t controul van de Congress. Geen staat zal, zonder consent van de Congress, eenig tongeld op leggen, krygstroepen houden, of oorlogs scheepen in tyd van vreede, een accoord of verdrag ingaan met een ander staat, of met een uitheemsche moogentheyd, of haerselve in oorlog begeeven, ’tensy dadelyk overvallen of in sulk een naakend gevaar, ’t welk geen uitstel lyden kan.
ARTYKEL II 1. A FD . De executive power {of uitvoerende macht} zal gevestigt zyn in een President van de Vereenigde Staaten van Amerika. Hy zal zyn officie houden geduurende den tyt van vier jaaren, en, ’t samen met den Vice-President, gekosen voor even langen tyd, verkooren worden als volgt: Elke staat zal, in zodanige manier als de legislature daar van het beschikke, aanstellen een getal van electors, gelyk aan dat geheele getal van senators en representatives, tot het welk die staat moge geregtigt weesen in de Congress: Maar geen senator of representative, of eenig persoon hebbende een officie van vertrouwen of profyt onder de Vereenigde Staaten, zal aangesteld worden tot een elector. De electors zullen byeenkomen in haare bysondere staaten, en stemmen by ballot, twee persoonen, van dewelken ten minste éen geen inwoonder zal zyn van deselfde staat met haar selven. En sy zullen een lyst maaken van alle persoonen die gestemt zyn, en van ’t getal der stemmen voor elk; welke lyst sy sullen onderteekenen en certificeeren, en verzeegeld oversenden na’ de zit plaats van ’t government van der Vereenigde Staaten, gedireet aan den President
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U NITED S TATES OF A MERICA van de Senaat. De President van de Senaat zal, in de tegenwoordighyd van de Senaat en ’t Huis van Representatives, alle de certificates openen, en dan zullen de stemmen geteld worden. De persoon, die het grootste getal van stemmen heeft, zal President zijn, by aldien sulk een getal sy de meerderhyd van ’t geheele getal van de aangestelde electors; en in geval daar meer dan een zy die sulk een meerderheid en gelyk getal van stemmen hebben, dan zal het Huis van Representatives, aanstonds, door ballot, een van dezelve tot President verkiesen; en zo geen persoon de meerderhyt heeft, dan zal het voornoemde Huis, opgelyke wyse een President veerkiesen, uit de vyf hoogste op de lyst. Doch in ’t verkiesen van een President, zullen de stemmen opgenomen worden by staaten, de representatie van elke staat hebbende een stem; een genoeghzaam getal tot dit eynde zal bestaan uit een lid of leeden van twee derdens van de staaten, en een meerderhyd van alle de staaten zal noodzakelyk zyn tot een verkiezing. In elk geval, na de verkiezing van den President zal die persoon die ’t grootste getal van de stemmen der electors heeft, Vice-President zyn. Maar so daar twee of meer zouden overblyven die evengelyke stemmen hebben, zo zal de Senaat, by ballot, uit dezelven den Vice-President verkiezen. De Congress mag bestemmen den tyd om electors te verkiezen, en den dag op welke sy haar’ stemmen geeven sullen; welke dag deselfde zal zyn door alle de Vereenigde Staaten. Geen persoon dan een ingeebooren burger, of die een burger is van de Vereenigde Staaten op den tyd van de adoptie van deese Constitutie, zal verkiesbaar zyn tot het officie van President; nog zal eenig persoon verkiesbaar zyn tot dat officie die den ouderdom van vyf en dartig jaaren niet bereikt heeft, en veertien jaaren een ingezeetene van de Vereenigde Staaten geweest is. In geval van ’t afzetten van den President
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uit zyn officie, of van zyn dood, resignatie of onbequaamheyd ter uitvoeringe van de magten en pligten van zyn officie, zo zal hetselve vervallen op den Vice-President, en de Congress mag by wet voorsien, voor sulk geval van verplaatsing, overlyden, resignatie of onbequaamhyd, beide van den President en Vice-President, verklarende wat officier {van staat} dan zal acten als President, en sulck een officier zal acten overeenkomststig {dat ampt} tot dat de {voornoemde} onbequaamheid weggenomen, of een President zal verkooren zyn. De President zal, op bestemde tyden, voor zyn diensten ontfangen een vergoeding welke nog vermeerdert nog vermindert zal worden, gedurende den tyd, voor welken hy zal zyn verkooren geweest, en hy zal in dat tyt stip geen andere emolumenten ontfangen van de Vereenigde Staaten of van eenige der zelver. Eer hy overga tot de aenvaerdiginge van zyn ampt, zo zal hy de volgende eed of bevesteging, nemen: “Ik sweere plegtelyk (of bevestige) dat ik getrouwlyk zal uitvoeren het ampt van President van de Vereenigde Staaten, en zal myn beste doen, na myne bequaamhyd om te bewaren, te beschermen, en te verdeedigen de Constitutie van de Vereenigde Staaten.” 2. A FD . De President zal zyn hoofd commandeur van de armee en de scheepsvloot der Vereenigde Staaten, en van de militie der bysondere staaten, wanneer die mochte geroepen worden, tot de dadelyke dienst van de Vereenigde Staaten; hy mag, in schrift, vraagen de opinie van den principaalsten officier in elk van de executeerende posten, over eenig onderwerp dat betrekking heeft op de plighten van haer bysondere officien, en hy zal magt hebben om reprieven te vergunnen en pardons van misdaaden teegen de Vereenigde Staaten uitgenomen in de gevallen van impeachment.
D E C ONSTITUTIE DER V EREENIGDE S TAATEN (1787) Hy zal, by en met den raad en ’t consent van de Senaat, magt hebben om tractaaten te maaken, mids twee derdens van de tegenwoordig synde senators daar in meede toe stemmen; en hy zal benoemen, en met raad en consent van de Senaat, aan stellen ambassadeurs, andere publijke ministers en consuls, judgen van de hooge court, en alle andere officieren van de Vereenigde Staaten, voor welker aanstellingen hier in nog niet anders voorzien is, en welke by de wet zullen vast gesteld worden. Doch de Congress mag by wet de aanstelling van sulke laager officieren vestigen, zo als zy zullen voegelyk oordeelen, in den President alleen, in de courten van de wet, of in de hoofden van de departments. De President zal magt hebben om alle vacante plaatsen die mogen voorvallen gedurende de afweezenthyd van de Senaat, op te vullen door commissies te vergunnen welke zullen ophouden met het eijnde van haar naast volgende sitting. 3. A FD . Hy zal van tyd tot tyd kennis geeven aan de Congress aangaande den staat van de unie, en recommendeeren aan haare consideratie sulke maat reegels als hy noodzakelyk en dienstig zal oordeelen; hy mag, op extraordinaire gelegentheeden, ’t samen roepen byde de Huisen, of een van dezelve, en in geval van oneenigheid tusschen haar, ten opzigt van den tyd van adjournement, so mag hy ze adjournen tot sulken tyd als hy gevoegelk zal vinden; hy zal ambassadeurs en andere publijke ministers ontfangen; hy zal zorg draagen dat de wetten getrouwlyk worden uitgevoerd, en hy zal commissies geeven aan alle de officianten van de Vereenigde Staaten. 4. A FD . De President, Vice-President en alle burgelyke officianten van de Vereenigde Staaten zullen afgezet worden van haar officie, op een impeachment voor, en overtuigen van, verraad, bribery, of andere sware misdaaden en wangedragingen.
ARTYKEL III 1. A FD . De judicial power {of gerichtsmacht} van de Vereenigde Staaten, zal gevestigt zyn in een hooge court, en in zulke laagere courten, als de Congress van tyd to tyd mag ordoneeren en vaststellen. De rechters, beyde van de hooge en laage courten, sullen haare officien houden, gedurende haer goedgedrag, en sullen opgezette tyden, een vergelding voor haar diensten ontfangen, welke niet zal vermindert worden so lang sy in officie zyn. 2. A FD . De judicial {of gerigts} magt zal zig uitstrekken tot alle gevallen, in wet en billykhyd, die voorkoomen onder deese Constitutie, de wetten van de Vereenigde Staaten, en gemaakte tractaten, of die sullen gemaakt worden, onder haar authorityt; tot alle saaken rakende ambassadeurs, andere publijke ministers en consuls; tot alle gevallen van admiraliteit, en regtsgebied op, en, aan de zee; tot geschillen, waar in de Vereenigde Staaten sullen partyen zyn; tot verschillen tusschen twee of meer staaten, tusschen een staat en burgers van een ander staat, tusschen burgers van differente staaten, tusschen burgers van dezelve staat, sig aanmatigende landen onder grants van onderschyde staaten, en tusschen een staat, of de burgers daar van, en uitlandsche staaten, burgers of onderdanen. In allee gevallen rakende ambassadeurs, andere publike ministers en consuls, en die geenen waar in een staat party zal zyn, zal de hooge court de oorspronkelyke jurisdictie hebben. In alle andere gevallen te vooren gemeld zal de hooge court een appellate jurisdictie hebben beyde betreklyk tot de wet en tot de fact of daad, met sodanige exceptien, en onder sulke regulatien als de Congress zal maken. De tryal van allen misdaaden, behalve in gevallen van impeachment, zal zyn by een jury; en zulk een tryal, zal gehouden worde
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U NITED S TATES OF A MERICA in den staat waar in die misdaaden sullen begaan zyn; maar wanneer niet begaan in eenige staat, so zal de tryal zyn in sulk een plaats of plaatsen, als de Congress by wet zal gedirect hebben. 3. A FD . Verraad tegen de Vereenigde Staaten zal bestaan alleenlyk in oorlog tegen haar te maaken; of in ’t aankleeven van hare vyanden, gevende haar bystand en onderhoud. Geen persoon zal schuldig verklaart worden van verraad, ’tensy op het getuigenis van twee getuigen tot deselve overtact, of op eigene confessie in de open court. De Congress zal de magt hebben om te verklaren de straffen van verraad, maar geen schuldig verklaaring van verraad zal corruptie van bloed te weegbrengen, of verbeurte van goederen, behalven gedurende het leeven van den persoon die schuldig verklaart is.
ARTYKEL IV 1. A FD . Volkomen geloof en crediet zal in elke staat gegeeven worden aan de publike acten, records en gerichts proceduuren van elke andere staat. En de Congress mag, door generale wetten, voor schryven de maniere in welk sulke acten, aanteekeningen en handelingen, als ook de uitwerking daar van, sullen waar gemaakt worden. 2. A FD . De burgers van elk staat sullen regt hebben tot alle voorregten en vryheeden van burgers in de onderschydene staaten. Een persoon in eenige staat beschuldight van verraad, felony of andere misdaad, die van de justitie zoude vlieden en gevonden worden in een andere staat, die zal op den eysch van de executive authority van dien staat van welken hy vlood, op geleevert, en overgebracht worden, na den staat die de jurisdictie heeft over die misdaad.
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Geen persoon gehouden tot dienstbaarhied of arbyd in eenen staat, volgens de wetten daar van, vlugtende in een andere staat, zal, ingevolge van eenige wet of regulatie daar in, ontslagen zyn van sulke dienstbaarhied of arbyd, maar zal opgeleverd worden op eisch van de party waar aan sulke dienst of arbyd mogt toekomen. 3. A FD . Nieuw staaten mogen toegelaaten worden by de Congress tot deese unie; maar geen nieuw staat zal geformeerd of opgericht worden binnen de jurisdictie van eenige andere staat; noch eenig staat zal geformeert worden door de samenvoeginge van twee of meer staaten, of gedeeltens van staaten, sonder consent van de legislatures der staaten die daar in belang hebben so wel als van de Congress. De Congress zal magt hebben om te bestellen en alle noodzakelyke regelen en regulatien te maken aangaanderen territorie of ander eigendom behoorende aan de Vereenigde Staaten; en geen ding in deese Constitutie zal so beduid en uitgelegt worden, dat ’er door ontstaan zoude ’t minste vooroordeel tegen eenige claims of eyschen van de Vereenigde Staaten, of van enige bysondere staat. 4. A FD . De Vereenigde Staaten sullen aan elke staat in deese unie versekeren een republicke form van regeering, en sullen elk van haar beschermen teegen een vyandelyken inval; en op applicatie van de legislature, of van de executive magt, (wanneer de legislature niet kan saam vergadert worden) alsoo teegen inlands geweld.
ARTYKEL V De Congress, so wanneer twee derdens van byde de Huisen het noodzakelyk sullen achten, zal amendments op deese Constitutie, mogen voorstellen, of, zal op applicatie van der legislatures van twee-derdens van de onderscheyden staaten, een Conventie
D E C ONSTITUTIE DER V EREENIGDE S TAATEN (1787) by een roepen om amendments {of verbeetering} voor te stellen, ‘t welk in een van deese beyde gevallen zal soo kragtig en bondig zyn tot alle eyndens en oogmerken als een gedeelte van deese Constitutie, wanneer het geratificeert of bekragtigt zal zyn, door de legislatures van drie vierdens der verschyde staaten, of door conventions in drie vierdens daar van, so als de een of de andere wyse van ratificatie mag voorgesteld worden door de Congress; wel verstaande dat geen amendment ’t welk gemaakt mogt worden voor het jaar een duisend acht hondert en acht, zal in enige manier raaken de eerste en vierde clauses, in de negende sectie, van de eerste artykel; en dat geen staat, sonder desselfs consent, zal berooft worde van desselfs even gelyke stemminge in de Senaat.
ARTYKEL VI Alle schulden gemaakt en verbintenissen ingegaan voor de adoptie {of aanneming} van deese Constitutie, sullen so bondig zyn teegen de Vereenigde Staaten onder deese Constitutie, als onder de Confederatie. Deese Constitutie, en de wetten van de Vereenigde Staaten, die gemaakt sullen worden in gevolge daar van; en alle treaties die gemaakt zyn of sullen gemaakt worden, onder de authorityt van de Vereenigde Staaten, sullen de hoogste wet van ’t land zyn, en de judges in elke staat, sullen daar aan gebonden zyn, niet tegenstaande eenige saak in de Constitutie of wetten van eenige staat daar teegen strydende. De senators en representatives van te voren genoemt, en de leeden van de onderschyden staats legislatures, en alle executive en judicial officiers, byde van de Vereenigde Staaten, en van de onderschyde staaten, sullen by eed of affirmatie verbonden zyn, om deese Constitutie te supporten; maar geen religie test zal10 vereyst worden als
een qualificatie tot eenige officie of publijke trust, onder de Vereenigde Staaten.
ARTYKEL VII De ratificatie van de Conventions van neegen staaten zal genoegzaam zyn tot de establishment {of vast stelling} van deese Constitutie tusschen de staaten welke dezelve dus ratificeeren. Gedaan in de Conventie, by ’t eenparig consent van de Staaten teegenwoordig, den seeventiende dag van September, in het jaar van onses Heeren een duisend seven honderd seven en tachtig, en ’t twaalvde van de independentie van de Vereenigde Staaten van Amerika. In getuige waarvan wy hier onze naamen hebben onder geschreven. GEORGE WASHINGTON, President, en Deputie van Virginia. NieuwHampshire.
Massachusetts. Connecticut. Nieuw-York.
Nieuw-Jersey.
Pennsylvania.
John Langdon, Nicholas Gilman. Nathaniel Gorham, Rufus King. William S. Johnson, Roger Sherman.
Alexander Hamilton. ⎧ William Livingston, ⎪ ⎪ ⎨ David Brearley, William Paterson, ⎪ ⎪ ⎩ Jonathan Dayton. ⎧ Benjamin Franklin, ⎪ ⎪ ⎪ ⎪ Thomas Mifflin, ⎪ ⎪ ⎪ ⎪ Robert Morris, ⎪ ⎪ ⎨ George Clymer, Thomas Fitzsimons, ⎪ ⎪ ⎪ ⎪ Jarad Ingersoll, ⎪ ⎪ ⎪ ⎪ James Wilson, ⎪ ⎪ ⎩ Gouverneur Morris. 79
U NITED S TATES OF A MERICA ⎧ George Read, ⎪ ⎪ ⎪ ⎪ Gunning Redford, ⎪ ⎪ ⎨ jun. Delaware. ⎪ John Dickinson, ⎪ ⎪ ⎪ ⎪ Richard Bassett, ⎪ ⎩ Jacob Broom. ⎧ James McHenry ⎪ ⎪ ⎨ Daniel of St. Thomas Maryland. Jenifer, ⎪ ⎪ ⎩ Daniel Carrol. ⎧ ⎨ John Blair, Virginia. James Maddison, ⎩ jüng. ⎧ William Blount, ⎪ ⎪ ⎨ Richard Dobbs Noord-Carolina. Spaight, ⎪ ⎪ ⎩ Hugh Williamson. ⎧ John Rutledge, ⎪ ⎪ ⎪ ⎪ ⎨ Charles Cotesworth Suid-Carolina. Pinckney, ⎪ ⎪ Charles Pinckney, ⎪ ⎪ ⎩ Pierce Butler. William Few, Georgia. Abraham Baldwin. Attest, WILLIAM JACKSON, Secretaris.
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1
Verified by De Constitutie, eenpariglyk geaccordeerd by de Algemeene Conventie, gehouden in de Stad von Philadelphia, in ‘t Jaar 1787: en gesubmitteerd aan het Volk der Vereenigde Staaten van NoordAmerika, Vertaald door Lambertus de Ronde, Gedrukt by Order van de Federal Committee, in de Stad van Albany, Albany: Charles R. Webster, 1788, 32 p. Spelling, capitalization, and punctuation as in the Webster print with obvious typographical errors, which may easily occur to a printer not well versed in the Dutch language, tacitly corrected. Curly brackets are used where in the Webster print square brackets appear to indicate additions to the text by the translator for reasons of clarifying terms or issues. Parentheses as in the Webster print. This Dutch translation has a special flavor due to the fact that the translator, a DutchAmerican, followed the original phrasing very closely, readily adopting English terms when no Dutch equivalent seemed to be at hand, which sometimes renders the translation difficult to understand for a Dutchman. I wish to thank Peter van den Berg and G. Pol, both of the University of Groningen, Netherlands, for helping with editing this translation. 2 In English original “They”. 3 In English original “Felony”. 4 In English original “Speech or Debate”. 5 In English original “commerce”. 6 In English original “Letters of Marque and Reprisal”. 7 In English original “execute”. 8 In English original “the Authority of training the Militia”. 9 In English original “pay duties”. 10 Word added by hand in Webster print.
Amendments of 1789/91
Änderungen von 1789/91
[Bill of Rights]1
[Bill of Rights]1
A RT. I. After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
A RT. I. Nach der ersten Zählung, welche der erste Artickel der Regierungs-Verfaßung vorschreibt, soll für jede dreysig tausend ein Repräsentant seyn, bis sich ihre Anzahl zu ein hundert beläuft, worauf das Verhältniß von dem Congreß so eingerichtet werden soll, daß nicht weniger als ein hundert Repräsentanten, auch nicht weniger als ein Repräsentant für jede vierzig tausend Personen seyn sollen, bis sich die Anzahl der Repräsentanten auf zwey hundert beläuft; nach diesem soll das Verhältniß von dem Congreß so eingerichtet werden, daß es nicht weniger als zwey hundert Repräsentanten noch mehr als ein Repräsentant für jede fünfzig tausend Personen seyn sollen.
A RT. II. No law varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.2
A RT. II. Kein Gesez, welches eine Veränderung in der Vergütung der Senatoren und Repräsentanten macht, soll Kraft und Wirkung haben, bis, nach demselben, eine Wahl von Repräsentanten geschiehet.2
A RT. III. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
A RT. III. Der Congreß soll kein Gesez machen, welches eine Religion festsezt3 oder welches die freye Ausübung derselben verbietet: oder welches die Freyheit im Reden und der Preße, oder das Recht des Volks, sich auf eine friedliche Art zu versammlen und sich an die Regierung um Abhülfe von Beschwerden zu wenden, verkürzt.
A RT. IV. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
A RT. IV. Da eine gut eingerichtete Miliz zu der Sicherheit eines freyen Staats nöthig ist, so soll dem Recht des Volks, Waffen zu tragen4 kein Eintrag geschehen.
A RT. V. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in
A RT. V. Kein Soldat soll in Friedenszeiten in ein Haus ohne Erlaubnis des Eigenthümers einquartirt werden, und in Kriegs-
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U NITED S TATES OF A MERICA a manner to be prescribed by law.
zeiten nur auf eine Art, wie das Gesez vorschreibt.
A RT. VI. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
A RT. VI. Das Recht des Volks, an ihren Personen, Häußern, Briefschaften und Gütern für unbilligen Nachsuchungen und Wegnahmen sicher zu seyn, soll nicht5 verlezt werden; und es soll nur aus einer wahrscheinlichen Ursach, welche durch einen Eyd oder feyerliche Versicherung Gewicht erhält, ein Verhafts-Befehl, in welchem ganz besonders der Ort, welcher untersucht und die Personen oder Sachen, welche verhaftet werden sollen, beschrieben sind, ausgegeben werden.
A RT. VII. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation.
A RT. VII. Niemand soll gehalten seyn sich wegen eines Haupt-Verbrechens6 zu verantworten, es sey denn auf eine Anklage von einer Grand Jury7 , außer in Fällen, welche sich bey der Land- und See-Macht oder der Miliz, wenn dieselbe, in Kriegszeiten und öffentlicher Gefahr, in wirklichen Diensten ist; auch soll niemand für ein und daßselbe Verbrechen zweymal einen Prozeß zu untergehen haben, wo es auf Leib- oder Lebens-Strafe ankommt; auch soll in einer peinlichen Sache niemand gezwungen werden, Zeuge gegen sich selbst zu seyn; auch soll niemand ohne gehörigen gesezlichen Prozeß seines Lebens, Freyheit oder Eigenthums beraubt werden; auch soll kein privat Eigenthum zu einem öffentlichen Gebrauch ohne billige Entschädigung genommen werden.
A RT. VIII. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his
A RT. VIII. Bey allen peinlichen Prozessen soll der Angeklagte das Recht eines baldigen und öffentlichen Verhörs8 vor einem unpartheyischen Gericht von Geschworenen des Staats und Bezirks haben, worinn das Verbrechen begangen seyn wird und welcher Bezirk vorher durch ein Gesez bestimmt seyn soll; und (das Recht)9 vor der Art und Ursache der Anklage unterrichtet werden; daß ihm die Zeugen gegen ihn vor Augen gestellt werden; Zwangs-Befehl zu
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A MENDMENTS OF 1789/91 defence.
erlangen, um Zeugen zu seinen Gunsten beyzubringen und zu seiner Vertheidigung Rechts-Beystände zu haben.
A RT. IX. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
A RT. IX. In bürgerlichen Klagesachen soll, wenn der Werth der streitigen Sache über zwanzig Thaler ist, das Recht eines Verhörs vor einer Jury10 unverlezt bleiben; und eine Sache, welche vor einem Gericht von Geschworenen verhört werden, soll, in irgend einem Gericht der Vereinigten Staaten auf keine andere Art wieder untersucht werden, als nach den Regeln des gemeinen Rechts.
A RT. X. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
A RT. X. Es soll keine außerordentlich große Bürgschaft gefordert, keine außerordentlich große Geld-Strafen auferlegt und keine grausamen und ungewöhnliche Leibes-Strafen ausgeübt werden.
A RT. XI. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
A RT. XI. Die Namhaftmachung gewisser Rechte in der Regierungs-Verfaßung soll nicht so ausgelegt werden, daß andere Rechte, welche dem Volk vorbehalten sind, dadurch abgeleugnet oder geschmälert würden.
A RT. XII. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
A RT. XII. Die Rechte, welche die Regierungs-Verfassung nicht den Vereinigten Staaten übertragen, noch den Staaten abgesagt hat, sind den verschiedenen Staaten oder dem Volke vorbehalten.
1
1
Verified by Acts passed at a Congress of the United States of America: Begun and Held at the City of NewYork. . . [1789], New York: Printed by Francis Childs and John Swaine, 1789, 92–93. Also checked against the version as published in Documentary History of the Constitution of the United States of America, 1786– 1870, ed. from the Records, Manuscripts, and Rolls Deposited in the Bureau of Rolls and Library of the Department of State, 3 vols., Washington: Department of State, 1894–1900, II, 321–324. Spelling, capitalization, and punctuation follow the Childs and Swaine print. The amendments were proposed to the state legislatures for ratification on September 25, 1789. The states reported on the ratification to the President, on January 18, 1792. Vermont was the last state to ratify and Massachusetts, Connecticut, and Georgia apparently did not act. The majority of the states ratifying did not
Verified by Geseze der Republik Pennsylvanien, in übersezten Auszügen. Enthaltend die brauchbaren öffentlichen Geseze bis zu dem Jahr 1805, einschließlich: So wie auch die Regierungs-Verfassungen der Vereinigten Staaten und von Pennsylvanien, hrg. unter Authorität eines Gesezes der General-Assembly, paßirt im April, 1805, Reading: Gedruckt und herausgegeben von Johann Ritter und Carl Kessler, 1807, xx–xxii (hereafter cited as B). Also checked against Auszug aus den Gesetzen des Staates Illinois oder Sammlung derjenigen Rechtsvorschriften, die im bürgerlichen Leben am häufigsten zur Anwendung kommen, begleitet von der Unabhängigkeits-Erklärung und der Constitution der Ver. Staaten und des Staates Illinois, so wie von erleuternden Bemerkungen und Hinweisungen für die deutschen Bürger von Illinois, zusammengestellt von Gustav Körner, Rechtsanwalt, St. Louis: Druck und
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U NITED S TATES OF A MERICA agree to all proposed amendments, art. II causing most opposition, while some states postponed consideration of one or more articles. Though today, the “Bill of Rights”, as the first ten amendments came to be known (Art. III to XII of the original proposal), are considered to have been ratified by the end of 1791 as constitutionally required, as a matter of fact, for years to come the twelve proposed amendments were considered to have been ratified. They were nevertheless published in official publications as valid amendments to the U.S. Constitution in the first decade of the nineteenth century, cf. The Constitution of the State of Massachusetts, and that of the United States; The Declaration of Independence, with President Washington’s Farewell Address. Printed by Order of the General Court of the Commonwealth of Massachusetts, and by them recommended to the Inhabitants of the several Towns, to be read as SchoolBook in all the common Schools, Boston: Printed for the State, by Manning & Loring, 1805, 79–82; Geseze der Republik Pennsylvanien, in übersezten Auszügen. Enthaltend die brauchbaren öffentlichen Geseze bis zu dem Jahr 1805, einschließlich: So wie auch die Regierungs-Verfassungen der Vereinigten Staaten und von Pennsylvanien, hrg. unter Authorität eines Gesezes der General-Assembly, paßirt im April, 1805, Reading: Gedruckt und herausgegeben von Johann Ritter und Carl Kessler, 1807, xx–xxii. 2 Articles I and II failed to be ratified by the required number of three-fourths of the states. In the 1980s, a campaign was launched for ratification of the still unratified Art. II. This effort proved successful and the article was declared ratified as Amendment XVII, on May 19, 1992.
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Verlag von Wilhelm Weber, 1838, 19–20 (hereafter cited as C), Deutsches Gesezbuch: enthaltend, nebst der Unabhängigkeits-Erklärung und Verfassung der Vereinigten Staaten; die Verfassung und allgemeinen Geseze des Staates Ohio, gesammlet und übersetzt von Georg Walker, Germantown: Gedruckt bei Walker u. Espich, 1839, 25–26) (hereafter cited as D), and Die Revidirten Gesetze des Staates Indiana, erlassen in der sechsunddreißigsten Sitzung der General-Versammlung; nebst diversen Verordnungen, Ordonnanzen und öffentlichen Documenten, deren Druck mit den besagten Gesetzen verordnet wurde. Diesen sind vorangeschickt die Constitution der Vereinigten Staaten und die des Staates Indiana. Gedruckt und herausgegeben nach dem Gesetz, I, Indianapolis: Gedruckt in der Druckerei des Indiana Volksblattes, 1853, 33–34 (hereafter cited as E). Spelling, capitalization, and punctuation follow the 1807 print (B). Square brackets indicate addition by the editor. To avoid redundancies, wrong or peculiar translations are only annotated where the translation is unclear or the translators were inconsistent in their choice of words. Hereafter O stands for English original. On the ratification history of the “Bill of Rights”, cf. notes to the English edition. 2 Obviously, these two failed articles of amendment were considered ratified still in 1807. 3 O, “respecting an establishment of religion”; C, 19, “welches sich auf die Einführung einer Religion bezieht”; D, 25, “in Sachen der Religion”; E, 33, “die kirchliche Institutionen angehen”. 4 O, “bear arms”; C, 19, “Waffen zu haben und zu tragen”; D, 25, “Waffen zu tragen und zu gebrauchen”; E, 33, “Waffen zu besitzen und zu handhaben”. 5 O, “not”; C, 19, “nicht”; D, 25, “nicht”; E, 33, “nie”. 6 O, “a capital, or otherwise infamous crime”; C, 19, “eines todeswürdigen oder sonst entehrenden Verbrechens”; D, 25, “einer peinlichen oder eines andern entehrenden Vergehens”; E, 33, “ein peinliches oder entehrendes Verbrechen”. 7 O, “Grand Jury”; C, 19, “Anklagekammer (Grand Jury)”; D, 26, “höhern Geschwornen Gerichtes (grand jury)”; E, 33, “hohen Geschwornen-Gericht”. 8 O, “trial”; C, 19, “Rechtsgangs”; D, 26, “Verhör”; E, 34, “Verhör”. 9 O, “shall enjoy the right [. . . ] and”; C, 20, “und er soll das Recht haben”; D, 26, “er hat das Recht, zu verlangen”; E, 34, “er kann verlangen, daß”. 10 O, “trial by jury”; C, 20, “Verfahrens vermittelst von Geschworenen”; D, 26, “Untersuchung durch eine Jury”; E, 34, “Verhör vor einem Geschwornen-Gericht”.
Amendment of 1794/98
Änderung von 1794/98
[Amendment XI]1
[XI. Änderung]1
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state or by citizens or subjects of any foreign state.
Die gerichtliche Gewalt der Vereinigten Staaten soll nicht so ausgelegt werden, daß sich dieselbe auf Streitsachen, welche sich auf Recht oder Billigkeit2 gründen und von Bürgern anderer Staaten oder von Bürgern oder Unterthanen irgend eines auswärtigen Staats gegen einen der Vereinigten Staaten angefangen oder fortgeführt werden, erstrecken soll.
1
1
Verified by Third Congress of the United States: at the first session, begun and held at the city of Philadelphia, in the state of Pennsylvania, on Monday the second of December, one thousand seven hundred and ninety-three, Resolved by the Senate and House of Representatives [. . . ] That the following article be proposed [. . . ] as an amendment to the constitution [. . . ], [Philadelphia: Printed by Francis Childs and John Swaine, 1794], 1 sheet. Also checked against the version as published in Documentary History of the Constitution of the United States of America, 1786– 1870, ed. from the Records, Manuscripts, and Rolls Deposited in the Bureau of Rolls and Library of the Department of State, 3 vols., Washington: Department of State, 1894–1900, II, 391. Spelling, capitalization, and punctuation follow the Childs and Swaine print. The amendment was declared ratified by the President on January 8, 1798. The designation as eleventh amendment only was established in the early nineteenth century after definitely settling the fact that of the twelve amendments proposed in 1789 only ten had been ratified as constitutionally required.
Verified by Geseze der Republik Pennsylvanien, in übersezten Auszügen. Enthaltend die brauchbaren öffentlichen Geseze bis zu dem Jahr 1805, einschließlich: So wie auch die Regierungs-Verfassungen der Vereinigten Staaten und von Pennsylvanien, hrg. unter Authorität eines Gesezes der General-Assembly, paßirt im April, 1805, Reading: Gedruckt und herausgegeben von Johann Ritter und Carl Kessler, 1807, xxiii. Also checked against Auszug aus den Gesetzen des Staates Illinois oder Sammlung derjenigen Rechtsvorschriften, die im bürgerlichen Leben am häufigsten zur Anwendung kommen, begleitet von der Unabhängigkeits-Erklärung und der Constitution der Ver. Staaten und des Staates Illinois, so wie von erleuternden Bemerkungen und Hinweisungen für die deutschen Bürger von Illinois, zusammengestellt von Gustav Körner, Rechtsanwalt, St. Louis: Druck und Verlag von Wilhelm Weber, 1838, 20 (hereafter cited as C), Deutsches Gesezbuch: enthaltend, nebst der Unabhängigkeits-Erklärung und Verfassung der Vereinigten Staaten; die Verfassung und allgemeinen Geseze des Staates Ohio, gesammlet und übersetzt von Georg Walker, Germantown: Gedruckt bei Walker u. Espich, 1839, 26–27) (hereafter cited as D), and Die Revidirten Gesetze des Staates Indiana, erlassen in der sechsunddreißigsten Sitzung der General-Versammlung; nebst diversen Verordnungen, Ordonnanzen und öffentlichen Documenten, deren Druck mit den besagten Gesetzen verordnet wurde. Diesen sind vorangeschickt die Constitution der Vereinigten Staaten und die des Staates Indiana. Gedruckt und herausgegeben nach dem Gesetz, I, Indianapolis: Gedruckt in der Druckerei des Indiana Volksblattes, 1853, 34 (hereafter cited as E). Spelling, capitalization, and punctuation follow the 1807 print. Hereafter O stands for English original.
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U NITED S TATES OF A MERICA 2 O, “suit in law and equity”; C, 20, “Rechtsstreit, sowohl in Fällen des strengen Rechts, als des Kanzleigerichts”; D, 26, “gesezliche oder rechtliche Erkenntnisse”; E, 34, “eine nach gewöhnlichem Recht oder Vergleich zu entscheidende Klage”.
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Amendment of 1803/04
Änderung von 1803/04
[Amendment XII]1
[XII. Änderung]1
The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as VicePresident, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; – The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number2 not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as Presi-
Die Erwähler sollen in ihren respectiven Staaten zusammenkommen und, durch Stimmzettel2 , für Präsident und Vice-Präsident stimmen, wovon wenigstens einer kein Einwohner des Staats mit ihnen seyn soll; in ihren Stimmzetteln3 sollen sie die Person namhaft machen, für welche als Präsident gestimmt wird und, in einem besonderen Stimmzettel, die Person, für welche als Vice-Präsident gestimmt wird; und sie sollen besondere Verzeichnisse von allen Personen, für welche als Präsident gestimmt worden und von allen Personen, für welche als VicePräsident gestimmt worden, und die Anzahl der Stimmen für jeden, ausfertigen; welche Verzeichnisse sie unterschreiben und bezeugen und versiegelt nach dem Siz der Regierung der Vereinigten Staaten, unter der Aufschrift an den Präsidenten des Senats, schicken sollen; der Präsident des Senats soll, in Gegenwart des Senats und des Haußes der Repräsentanten, alle diese Zeugniße öffnen und die Stimmen sollen alsdann gezählt werden; die Person, welche die größte Anzahl der Stimmen für Präsident hat, soll Präsident seyn, wenn solche Anzahl eine Mehrheit von der ganzen Anzahl der bestellten Erwähler ist; und wenn keine Person eine solche Mehrheit haben sollte, so soll alsdann von denenjenigen Personen, welche die höchste Anzahl haben, nicht über drey auf dem Verzeichniß dererjenigen, für welche als Präsident gestimmt worden, das Haus der Repräsentanten, durch Stimmzettel, sogleich den Präsidenten wählen; allein bey der Wahl des Präsidenten sollen die Stimmen staatenweise genommen werden; indem die Repräsentanten jedes Staats ei-
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U NITED S TATES OF A MERICA dent, as in the case of the death or other constitutional disability of the President.
ne Stimme haben sollen; eine zu diesem Endzweck hinlängliche Anzahl (Quorum)4 soll aus einem Gliede oder Gliedern von zwey Drittheilen der Staaten bestehen und eine Mehrheit von allen Staaten soll zu einer Wahl nöthig seyn; und wenn das Haus der Repräsentanten in dem Fall, wann ihm das Recht einer Wahl zufällt, vor dem vierten Tag es nächst darauf folgenden Märzes keinen Präsidenten wählen sollte, soll alsdann der Vice-Präsident das Amt eines Präsidenten versehn, wie in dem Fall, wenn der Präsident mit Tode abgeht oder nach der Constitution auf andere Art für sein Amt untüchtig wird;
The person having the greatest number of votes as Vice-President, shall be the VicePresident, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
die Person, welche die größte Anzahl von Stimmen als Vice-Präsident hat, soll VicePräsident seyn, wenn solche Anzahl eine Mehrheit von der ganzen Anzahl der bestellen Erwähler ist; und wenn niemand eine Mehrheit hat, dann soll der Senat, von den zwey höchsten Anzahlen in dem Verzeichniß, den Vice-Präsidenten erwählen; eine zu diesem Endzweck hinlängliche Anzahl soll als zwey Drittheilen der ganzen Anzahl der Senatoren bestehen und eine Mehrheit von der ganzen Anzahl soll zu einer Wahl nöthig seyn; allein keine Person, die, der Constitution gemäß, nicht zum Präsidenten erwählt werden kann5 , soll zum Vice-Präsidenten erwählt werden können.
1
1
Verified by Congress of the United States. In Senate, December 2d, 1803. Resolved, by the Senate and House of Representatives [. . . ] the following be proposed as an amendment to the constitution [. . . ], [Washington: s.n., 1803], 2 p., and also checked against the version as published in Documentary History of the Constitution of the United States of America, 1786– 1870, ed. from the Records, Manuscripts, and Rolls Deposited in the Bureau of Rolls and Library of the Department of State, 3 vols., Washington: Department of State, 1894–1900, II, 408–410. The amendment replaced the third paragraph of the first section of the second article of the Constitution. Spelling, capitalization, and punctuation follow the 1803 print. The amendment was declared ratified by the Secretary of State on September 25, 1804. The designation as twelfth
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Verified by Geseze der Republik Pennsylvanien, in übersezten Auszügen. Enthaltend die brauchbaren öffentlichen Geseze bis zu dem Jahr 1805, einschließlich: So wie auch die Regierungs-Verfassungen der Vereinigten Staaten und von Pennsylvanien, hrg. unter Authorität eines Gesezes der General-Assembly, paßirt im April, 1805, Reading: Gedruckt und herausgegeben von Johann Ritter und Carl Kessler, 1807, xxiii–xxiv. Also checked against Auszug aus den Gesetzen des Staates Illinois oder Sammlung derjenigen Rechtsvorschriften, die im bürgerlichen Leben am häufigsten zur Anwendung kommen, begleitet von der Unabhängigkeits-Erklärung und der Constitution der Ver. Staaten und des Staates Illinois, so wie von erleuternden Bemerkungen und Hinweisungen für die deutschen Bürger von Illinois, zusammengestellt von Gustav Kör-
A MENDMENT OF 1803/04 amendment was established only in the early nineteenth century after definitely settling the fact that of the twelve amendments proposed in 1789 only ten had been ratified as constitutionally required. 2 In Documentary History of the Constitution, II, 409, “numbers”.
ner, Rechtsanwalt, St. Louis: Druck und Verlag von Wilhelm Weber, 1838, 20–21 (hereafter cited as C), Deutsches Gesezbuch: enthaltend, nebst der Unabhängigkeits-Erklärung und Verfassung der Vereinigten Staaten; die Verfassung und allgemeinen Geseze des Staates Ohio, gesammlet und übersetzt von Georg Walker, Germantown: Gedruckt bei Walker u. Espich, 1839, 27–28) (hereafter cited as D), and Die Revidirten Gesetze des Staates Indiana, erlassen in der sechsunddreißigsten Sitzung der General-Versammlung; nebst diversen Verordnungen, Ordonnanzen und öffentlichen Documenten, deren Druck mit den besagten Gesetzen verordnet wurde. Diesen sind vorangeschickt die Constitution der Vereinigten Staaten und die des Staates Indiana. Gedruckt und herausgegeben nach dem Gesetz, I, Indianapolis: Gedruckt in der Druckerei des Indiana Volksblattes, 1853, 35 (hereafter cited as E). Spelling, capitalization, and punctuation follow the 1807 print. To avoid redundancies, wrong or peculiar translations are only annotated where the translation is unclear or the translators were inconsistent in their choice of words. Hereafter O stands for English original. 2 O, “ballot”; C, 20, “Ballotiren”; D, 27, “Ballotiren”; E, 35, “geheimes Abstimmen”. 3 O, “ballot”; C, 20, “Stimmzetteln”; D, 27, “Stimmzetteln”; E, 35, “Stimmzetteln”. 4 O, “quorum”; C, 21, “gehörige Anzahl”; D, 27, “vollgültige Zahl (quorum)”; E, 35, “nöthige Stimmenzahl”. 5 O, “ineligible to the office of President”; C, 21, “für das Amt eines Präsidenten nicht wählbar ist”; D, 28, “ nicht wählbar ist für die Presidentenstelle ”; E, 35, “zur Präsidentur nicht Wähler ist”.
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Failed Amendment of 1810
Änderungsentwurf von 1810
[Titles of Nobility]1
Artikel XIII1
If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.
Wenn ein Bürger der V. St. einen Adelsoder Ehren-Titel annimmt, sucht, beibehält oder fortführt; oder ohne Genehmigung des Congresses irgend ein Geschenk, Gehalt, Amt, oder Besoldung unter welchem Namen es sein mag, von einem Kaiser, König, Fürsten, oder überhaupt von einer auswärtigen Macht annimmt und behält, so soll derselbe des Bürgerrechts der V. St. verlustig werden, und kein Amt, das Zutrauen erfordert oder mit einem Gehalt verbunden ist, in den V. St. oder einem derselben zu begleiten fähig sein.
1
1
Verified by Acts passed at the second session of the eleventh congress of the United States, [Washington, D.C.?: s.n., 181-], 210, and also checked against the version as published in Documentary History of the Constitution of the United States of America, 1786– 1870, ed. from the Records, Manuscripts, and Rolls Deposited in the Bureau of Rolls and Library of the Department of State, 3 vols., Washington: Department of State, 1894–1900, II, 452–453. Spelling, capitalization, and punctuation as in the Acts. The proposed amendment, a somewhat hysterical reaction to Louis Napoleon’s brief stay and amorous episode in Baltimore, MD, never achieved ratification as constitutionally required, though the ratification process dragged on for a number of years (with eleven states ratifying, four states rejecting, and two states – Massachusetts and Virginia – taking no action, cf. Documentary History of the Constitution, II, 454–515). In spite of these uncertainties contemporaries tended to believe that the thirteenth amendment, as it came to be understood, had been ratified. Still in an official publication of 1822 it appeared as ratified, cf. Constitution of the State of Massachusetts, Adopted 1780. With the Amendments Annexed. Printed by Order of the House of Representatives, Boston: Printed for Benjamin Russel, Printer to the State. By Russel and Gardner, 1822, 85: “. . . though it is uncertain, whether it be a part of the Constitution.” Curiously enough a German collection of Ohio laws published in Pennsylvania in 1839 (q. v.) nevertheless listed it as a valid constitutional amendment.
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Verified by Deutsches Gesezbuch: enthaltend, nebst der Unabhängigkeits-Erklärung und Verfassung der Vereinigten Staaten; die Verfassung und allgemeinen Geseze des Staates Ohio, gesammlet und übersetzt von Georg Walker, Germantown: Gedruckt bei Walker u. Espich, 1839, 28. Spelling, capitalization, and punctuation as in the Deutsches Gesezbuch.
State Constitutions
Constitution of Alabama (1819) Constitution of Alabama1
We, the People of the Alabama Territory, having the right of admission into the General Government, as a member of the Union, consistent with the Constitution and laws of the United States, by our Representatives, assembled in Convention at the town of Huntsville, on Monday the fifth day of July, one thousand eight hundred and nineteen, in pursuance of an act of Congress, entitled “an act to enable the people of the Alabama Territory to form a Constitution and State Government, and for the admission of such State into the Union, on an equal footing with the original States;” in order to establish justice, ensure tranquility, provide for the common defence, promote the general welfare, and secure to ourselves and our posterity, the rights of life, liberty, and property, Do ordain and establish the following Constitution, or form of Government; and do mutually agree with each other, to form ourselves into a Free and Independent State, by the name of “The State of Alabama.” And we do hereby recognize, confirm, and establish the boundaries assigned to said State by the Act of Congress aforesaid, “to wit: Beginning at the point where the thirty-first degree of north latitude intersects the Perdido River, thence east to the western boundary line of the State of Georgia; thence along said line to the southern boundary line of the State of Tennessee; thence west along said boundary line to the Tennessee River; thence up the same to the mouth of Bear Creek; thence by a direct line, to the north-west corner of Washington county; thence due south to the Gulph of Mexico; thence eastwardly in-
cluding all Islands within six leagues of the shore, to the Perdido River; and thence up the same to the beginning” – subject to such alteration as is provided in the third section of said Act of Congress, and subject to such enlargement as may be made by law in consequence of any cession of Territory by the United States or either of them.
ARTICLE I Declaration of Rights
That the general, great and essential principles of liberty and free government may be recognized and established, We Declare: S ECT. 1. That all freemen, when they form a social compact, are equal in rights; and that no man or set of men are entitled to exclusive, separate public emoluments or privileges, but in consideration of public services. S ECT. 2. All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit: and therefore, they have at all times an unalienable, and indefeasible right to alter, reform or abolish their form of government, in such manner as they may think expedient. S ECT. 3. No person within this State shall, upon any pretence, be deprived of the inestimable privilege of worshipping God in the manner most agreeable to his own
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A LABAMA conscience; nor be compelled to attend any place of worship; nor shall any one ever be obliged to pay any tythes, taxes, or other rate for the building or repairing any place of worship, or for the maintainance of any minister or ministry. S ECT. 4. No human authority ought, in any case whatever, to control or interfere with the rights of conscience. S ECT. 5. No person shall be hurt, molested, or restrained, in his religious profession, sentiments, or persuasion, provided he does not disturb others in their religious worship. S ECT. 6. The civil rights, privileges, or capacities of any citizen, shall in no way be diminished, or enlarged, on account of his religious principles. S ECT. 7. There shall be no establishment of religion by law; no preference shall ever be given by law to any religious sect, society, denomination, or mode of worship: and no religious test shall ever be required as a qualification to any office or public trust under this State. S ECT. 8. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. S ECT. 9. The people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches; and no warrant to search any place, or to seize any person or thing, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. S ECT. 10. In all criminal prosecutions, the accused has a right to be heard by himself, and counsel to demand the nature and cause of the accusation, and have a copy thereof: to be confronted by the witnesses
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against him: to have compulsory process for obtaining witnesses in his favor; and in all prosecutions, by indictment or information, a speedy public trial by an impartial jury of the county or district in which the offence shall have been committed; he shall not be compelled to give evidence against himself, nor shall he be deprived of his life, liberty or property but by due course of law. S ECT. 11. No person, shall be accused, arrested, or detained except in cases ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished, but in virtue of a law, established and promulgated, prior to the offence, and legally applied. S ECT. 12. No person shall, for any indictable offence, be proceeded against criminally, by information; except in cases arising in the land or naval forces, or the militia when in actual service, or by leave of the court for oppression or misdemeanor in office. S ECT. 13. No person shall, for the same offence, be twice put in jeopardy of life or limb; nor shall any person’s property be taken or applied to public use, unless just compensation be made therefor. S ECT. 14. All courts shall be open, and every person for an injury done him, in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered, without sale, denial, or delay. S ECT. 15. No power of suspending laws shall he exercised, except by the General Assembly, or its authority. S ECT. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. S ECT. 17. All persons shall, before conviction, be bailable by sufficient securities,
C ONSTITUTION OF A LABAMA (1819) except for capital offences, when the proof is evident, or the presumption great: and the privilege of the writ of “habeas corpus” shall not be suspended, unless when in cases of rebellion, or invasion, the public safety may require it. S ECT. 18. The person of a debtor, where there is not strong presumption of fraud, shall not be detained in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. S ECT. 19. No ex post facto law, nor law impairing the obligation of contracts, shall be made. S ECT. 20. No person shall be attainted of treason or felony by the General Assembly. No attainder shall work corruption of blood, nor forfeiture of estate. S ECT. 21. The estates of suicides shall descend or vest as in cases of natural death; if any person shall be killed by casualty, there shall be no forfeiture, by reason thereof. S ECT. 22. The citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.
the consent of the owner; nor in time of war, but in a manner to be prescribed by law. S ECT. 26. No title of nobility, or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; nor shall any office be created, the appointment of which shall be for a longer term than during good behaviour. S ECT. 27. Emigration from this State shall not be prohibited, nor shall any citizen be exiled. S ECT. 28. The right of trial by jury shall remain inviolate. S ECT. 29. No person shall be debarred from prosecuting or defending any civil cause, for or against him or herself, before any tribunal in this State, by him or herself or counsel. S ECT. 30. This enumeration of certain rights, shall not be construed to deny or disparage others retained by the people: and to guard against any encroachments on the rights herein retained, or any transgression of any of the high powers herein delegated, we declare, that every thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or to the following provisions, shall be void.
ARTICLE II
S ECT. 23. Every citizen has a right to bear arms, in defence of himself and the State.
Distribution of Powers
S ECT. 24. No standing army shall be kept up without the consent of the General Assembly: and, in that case, no appropriation of money for its support shall be for a longer term than one year; and the military shall in all cases, and at all times be in strict subordination to the civil power.
S ECT. 1. The powers of the government of the State of Alabama shall be divided into three distinct departments; and each of them confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
S ECT. 25. No soldier shall, in time of peace, be quartered in any house, without
S ECT. 2. No person, or collection of persons, being of one of those departments,
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A LABAMA shall exercise any power, properly belonging to either of the others, except in the instances herein after expressly directed or permitted.
ARTICLE III Legislative Department
months within the county, city, or town in which he offers to vote, shall be deemed a qualified elector; Provided, that no soldier, seaman, or marine in the regular army or navy of the United States, shall be entitled to vote at any election in this State; and provided also that no elector shall be entitled to vote except in the county, city or town (entitled to separate representation,) in which he may reside at the time of the election.
S ECT. 1. The Legislative power of this State, shall be vested in two distinct branches: the one to be stiled the Senate, the other the House of Representatives, and both together “the General Assembly of the State of Alabama;” and the style of their Laws shall be, “Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened.”
S ECT. 6. Electors shall in all cases, except in those of treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same.
S ECT. 2. The members of the House of Representatives, shall be chosen by the qualified electors, and shall serve for the term of one year, from the day of the commencement of the general election, and2 no longer.
S ECT. 8. Elections for Representatives for the several counties shall be held at the place of holding their respective courts, and at such other places as may be prescribed by law; provided, that when it shall appear to the General Assembly that any city or town shall have a number of white inhabitants, equal to the ratio then fixed, such city or town shall have a separate representation, according to the number of white inhabitants therein; which shall be retained so long as such city or town, shall contain a number of white inhabitants equal to the ratio which may from time to time be fixed by law; and thereafter, and during the existence of the right of separate representation, in such city or town, elections for the county in which such city or town (entitled to such separate representation) is situated, shall not be held in such city or town; but it is understood and hereby declared, that no city or town, shall be entitled to separate representation, unless the number of white inhabitants in the county in which such city or town is situated, residing out of the limits of said city or town, be equal to the existing
S ECT. 3. The Representatives shall be chosen every year, on the first Monday and the day following in August, until otherwise directed by law. S ECT. 4. No person shall be a Representative unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State two years next preceeding his election, and the last year thereof a resident of the county, city, or town for which he shall be chosen, and shall have attained the age of twenty-one years. S ECT. 5. Every white male person of the age of twenty one years, or upwards, who shall be a citizen of the United States, and shall have resided in this State one year next preceeding an election, and the last three
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S ECT. 7. In all elections by the people, the electors shall vote by ballot until the General Assembly shall otherwise direct.
C ONSTITUTION OF A LABAMA (1819) ratio; or unless the residuum or fraction of such city or town, shall, when added to the white inhabitants of the county residing out of the limits of said city or town, he equal to the ratio fixed by law for one representative; and provided, that, if the residuum or fraction of any city or town, entitled to separate representation, shall when added to the residuum of the county in which it may lie, be equal to the ratio fixed by law for one representative, then the aforesaid county, city or town, having the largest residuum, shall be entitled to such representation: and provided, also, that when there are two or more counties adjoining, which have residuums or fractions over and above the ratio then fixed by law, if said residuums or fractions when added together will amount to such ratio, in that case one representative shall be added to that county having the largest residuum. S ECT. 9. The General Assembly shall, at their first meeting, and in the years one thousand eight hundred and twenty, one thousand eight hundred and twenty-three, one thousand eight hundred and twenty-six, and every six years thereafter, cause an enumeration to be made, of all the inhabitants of the state, and the whole number of the representatives shall, at the first session held, after making every such enumeration be fixed by the General Assembly and apportioned among the several counties, cities or towns, entitled to separate representation, according to their respective numbers of white inhabitants; and the said apportionment, when made, shall not be subject to alteration, until after the next census shall be taken. – The House of Representatives shall not consist of less than forty four, nor more than sixty members, until the number of white inhabitants, shall be one hundred thousand, and after that event, the whole number of representatives shall never be less than sixty nor more than one hundred;
provided, however, that each county shall be entitled to at least one representative. S ECT. 10. The General Assembly shall, at the first session after making every such enumeration, fix by law the whole number of senators, and shall divide the state into the same number of districts as nearly equal in the number of white inhabitants as may be, each of which districts, shall be entitled to one senator and no more; provided that the whole number of senators shall never be less than one fourth, nor more than one third of the whole number of Representatives. S ECT. 11. When a senatorial district shall be composed of two or more counties, the counties of which such district consists, shall not be entirely separated by any county belonging to another district; and no county shall be divided in forming a district. S ECT. 12. Senators shall be chosen by the qualified electors, for the term of three years, at the same time, in the same manner, and at the same places, where they may vote for Members of the House of Representatives; and no person shall be a Senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State, two years next preceeding his election, and the last year thereof a resident of the district for which he shall be chosen, and shall have attained to the age of twenty-seven years. S ECT. 13. The Senators chosen according to the apportionment under the census ordered to be taken in one thousand eight hundred and twenty-six, when convened, shall be divided by lot, into three classes, as nearly equal as may be. The seats of the Senators of the first class shall be vacated at the expiration of the first year, those of the second class at the expiration of the second year, and those of the third class at the expiration of the third year, so that one third may be annually chosen thereafter and a
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A LABAMA rotation thereby kept up perpetually. Such mode of classifying new additional Senators shall be observed as will, as nearly as possible, preserve an equality of Members in each class. S ECT. 14. The House of Representatives, when assembled shall choose a Speaker, and its other officers: and the Senate shall annually, choose a President and its other officers: each house shall judge of the qualifications, elections and returns of its own members; but a contested election shall be determined in such a manner as shall be directed by law. S ECT. 15. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner, and under such penalties as each House may provide. S ECT. 16. Each House may determine the rules of its own proceedings, punish members for disorderly behaviour, and with the consent of two thirds, expel a member; but not a second time for the same cause; and shall have all other powers necessary for branch of the legislature of a free and independent State. S ECT. 17. Each House, during the session, may punish, by imprisonment, any person, not a member, for disrespectful or disorderly behaviour in its presence, or for obstructing any of its proceedings: provided, that such imprisonment shall not at any one time, exceed forty-eight hours. S ECT. 18. Each House shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, excepting such parts as, in its judgment may require secrecy; and the yeas and nays of the members of either house on any question, shall, at the desire of any two members present, be entered on the journals.
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And any member of either house, shall have liberty to dissent from or protest against any act or resolution, which he may think injurious to the public or an individual, and have the reasons of his dissent entered on the journals. S ECT. 19. Senators and Representatives shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; allowing one day for every twenty miles such member may reside, from the place at which the General Assembly is convened; nor shall any member be liable to answer for any thing spoken in debate in either House in any court or place elsewhere. S ECT. 20. When vacancies happen in either House, the Governor, or the person exercising the powers of the Governor, shall issue writs of election to fill such vacancies. S ECT. 21. The doors of each House shall be open, except on such occasions, as in the opinion of the House may require secrecy. S ECT. 22. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that, in which they may be sitting. S ECT. 23. Bills may originate in either House, and be amended, altered or rejected by the other; but no bill shall have the force of a law until on three several days it be read in each House and free discussion be allowed thereon, unless in cases of urgency, four fifths of the House in which the bill shall be depending may deem it expedient to dispense with this rule; and every bill, having passed both Houses, shall be signed by the Speaker and President of their respective Houses; provided, that all bills for raising revenue, shall originate in the House of Representatives, but the Senate may amend or reject them as other bills.
C ONSTITUTION OF A LABAMA (1819) S ECT. 24. Each member of3 the General Assembly shall receive from the public treasury, such compensation for his services as may be fixed by law; but no increase of compensation shall take effect during the session at which such increase shall have been made. S ECT. 25. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been encreased during such4 term; except such offices as may be filled by elections by the people. S ECT. 26. No person holding any lucrative office under the United States, (the office of postmaster excepted,) this state, or any other power, shall be eligible to the General Assembly; provided, that offices in the militia to which there is attached no annual salary, or the office of justice of the peace, or that of the quorum or county court, while it has no salary, shall not be deemed lucrative. S ECT. 27. No person who may hereafter be a collector or holder of public monies, shall have a seat in either house of the General Assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid into the treasury, all sums for which he may be accountable. S ECT. 28. The first election for Senators and Representatives shall be general throughout the State; and shall be held on the third Monday and Tuesday in September next. S ECT. 29. The first session of the General Assembly shall commence on the fourth Monday in October next, and be held at the town of Huntsville, and all subsequent sessions at the town of Cahawba, until the end of the first session of the General
Assembly, to be held in the year one thousand eight hundred and twenty-five; during that session the General Assembly shall have power to designate by law (to which the Executive concurrence shall not be required) the permanent seat of Government, which shall not thereafter be changed; Provided, however that unless such designation be then made by law, the government shall continue permanently at the town of Cahawba; and provided also, that the General Assembly shall make no appropriations previous to the year one thousand eight hundred and twenty-five, for the building of any other State House, than that now provided for by law.
ARTICLE IV Executive Department S ECT. 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama. S ECT. 2. The Governor shall be elected by the qualified electors at the time and places, when they shall respectively vote for representatives. S ECT. 3. The returns of every election for Governor shall be sealed up, and transmitted to the seat of Government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in presence of both houses of the General Assembly. The person having the highest number of votes, shall be Governor, but if two or more shall be equal and highest5 in votes, one of them shall be chosen Governor by the joint vote of both Houses. – Contested elections for Governor, shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law.
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A LABAMA S ECT. 4. The Governor shall hold his office for the term of two years from the time of his installation, and until his successor shall be duly qualified, but shall not be eligible for more than four years in every term of six years; he shall be at least thirty years of age, shall be a native citizen of the United States, and shall have resided in this state at least four years next preceeding the day of his election. S ECT. 5. He shall, at stated times, receive a compensation for his services, which shall not be encreased or diminished during the term for which he shall have been elected. S ECT. 6. He shall be commander in chief of the Army and Navy of this State, and of the militia thereof, except when they shall be called into the service of the United States. And when acting in the service of the United States, the General Assembly shall fix his rank. S ECT. 7. He may require information in writing from the officers in6 the executive department, on any subject relating to the duties of their respective offices. S ECT. 8. He may, by Proclamation, on extraordinary occasions convene the General Assembly at the seat of government or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious disorders, and in case of disagreement between the two houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next annual meeting of the General Assembly. S ECT. 9. He shall, from time to time, give to the General Assembly, information of the state of the government, and recommend to their consideration, such measures as he may deem expedient.
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S ECT. 10. He shall take care that the laws7 be faithfully executed. S ECT. 11. In all criminal and penal cases, except in those of treason, and impeachment, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations8 as shall be prescribed by law. In cases of treason, he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly. S ECT. 12. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially, and the present seal of the Territory shall be the seal of the State, until otherwise directed by the General Assembly. S ECT. 13. All commissions shall be in the name, and by the authority of the State of Alabama, be sealed with the State seal, signed by the Governor, and attested by the Secretary of State. S ECT. 14. There shall be a Secretary of State, appointed by joint vote of both Houses of the General Assembly, who shall continue in office during the term of two years. He shall keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the General Assembly; and shall perform such other duties as may be required of him by law. S ECT. 15. Vacancies that may happen in offices, the appointment to which is vested in the General assembly, shall be filled by the Governor, during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next session.
C ONSTITUTION OF A LABAMA (1819) S ECT. 16. Every bill, which shall have passed both Houses of the General Assembly, shall be presented to the Governor: if he approve, he shall sign it, but, if not, he shall return it, with his objections to the House in which it shall have originated, who shall enter the objections at large upon the Journals, and proceed to reconsider it; if after such reconsideration, a majority of the whole number elected to that House, shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that House, it shall become a law; but in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall be entered on the journals of each House respectively: If any bill shall not be returned by the Governor within five days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law. S ECT. 17. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, shall be repassed by both Houses, according to the rules and limitations prescribed in the cases9 of a bill. S ECT. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the state, the President of the Senate shall exercise all the power and authority, appertaining to the office of Governor, until the time pointed out by this constitution, for the election of Governor shall arrive, unless the General Assembly shall
provide by law for the election of a Governor, to fill such vacancy, or until the Governor, absent or impeached, shall return or be acquitted. S ECT. 19. If during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die or be absent from the state, the speaker of the House of Representatives, shall in like manner administer the Government. S ECT. 20. The President of the Senate and Speaker of the House of Representatives during the time they respectively administer the Government, shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office. S ECT. 21. The Governor shall always reside, during the session of the General Assembly, at the place where their session may be held, and at all other times, wherever, in their opinion, public good may require10 . S ECT. 22. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this state, or under any state, or the United States or any other power, at one and the same time11 . S ECT. 23. A State Treasurer and a Comptroller of public accounts, shall be annually elected, by joint vote of both Houses of the General Assembly. S ECT. 24. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of three years, unless sooner removed, and who shall not be eligible to serve either as principal or deputy for the three succeeding years. Should a vacancy occur subsequent to an election, it shall be filled by the Governor as in other cases, and the
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A LABAMA person so appointed shall continue in office, until the next General Election, when such vacancy shall be filled by the qualified electors, and the Sheriff then elected shall continue in office for three years.
Militia S ECT. 1. The General Assembly shall provide by law for organizing and disciplining the militia of this State, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States in relation thereto. S ECT. 2. Any person who conscienciously scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. S ECT. 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions. S ECT. 4. All officers of the militia shall be elected or appointed in such manner as may be prescribed by law: Provided that the General Assembly shall not make any such elections or appointments12 , other than those of Adjutants General and Quarter Masters General.
ARTICLE V Judicial Department S ECT. 1. The judicial power of this state shall be vested in one Supreme Court, circuit courts to be held in each county in the State, and such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may, from time to time direct, ordain and establish. S ECT. 2. The supreme court, except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time be prescribed by law; Provided that the Supreme Court shall have power to issue writs of injunction, mandamus, quowarranto, habeas Corpus, and such other remedial and original writs, as may be necessary to give it a general superintendence and control of inferior jurisdictions14 .
S ECT. 5. The Governor shall appoint his Aids-de-camp; Majors General, their Aidsde-camp and all other division staff officers; Brigadiers General shall appoint their Aids, and all other brigade staff officers13 ; and Colonels shall appoint their regimental staff officers.
S ECT. 3. Until the General Assembly shall otherwise prescribe, the powers of the Supreme Court, shall be vested in, and its duties shall be performed by the Judges of the several circuit courts, within this state: and they or a majority of them shall hold such sessions of the Supreme court and at such times, as may be directed by law: Provided that no Judge of the Supreme Court shall be appointed before the commencement of the first session of the General Assembly, which shall be begun and held, after the first day of January, in the year one thousand eight hundred and twenty-five.
S ECT. 6. The General Assembly shall fix by law, the method of dividing the militia into divisions, brigades, regiments, battalions & companies: and shall fix the rank of all staff officers.
S ECT. 4. The Supreme Court shall be holden at the seat of government, but may adjourn to a different place, if that shall have become dangerous from an enemy or from disease.
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C ONSTITUTION OF A LABAMA (1819) S ECT. 5. The State shall be divided into convenient circuits, and each circuit shall contain not less than three, nor more than six counties: and for each circuit there shall be appointed a Judge, who shall, after his appointment, reside in the circuit, for which he may be appointed. S ECT. 6. The Circuit Court shall have original jurisdiction in all matters civil and criminal, within this State, not otherwise excepted in this Constitution; but in civil cases, only when the matter or sum in controversy exceeds fifty dollars. S ECT. 7. A Circuit Court shall be held in each county in the State, at least twice in every year, and the Judges of the several circuit courts may hold courts for each other, when they may deem it expedient, and shall do so when directed by law. S ECT. 8. The General Assembly shall have power to establish a court or courts of chancery with original and appellate equity jurisdiction; and until the establishment of such court or courts, the said jurisdiction shall be vested in the Judges of the circuit courts respectively. Provided that the Judges of the several circuit courts shall have power to issue writs of injunction, returnable into the courts of chancery. S ECT. 9. The General Assembly shall have power to establish, in each county within this State, a court of probate, for the granting of letters testamentary and of administration and for orphans business. S ECT. 10. A competent number of Justices of the Peace shall be appointed, in and for each county, in such mode, and for such term of office, as the General Assembly may direct. Their jurisdiction in civil cases shall be limited to causes, in which the amount in controversy shall not exceed fifty dollars. And in all cases, tried by a Justice of the Peace, right of appeal shall be
secured, under such rules and regulations, as may be prescribed by law. S ECT. 11. Judges of the Supreme and Circuit Courts, and Courts of Chancery shall, at stated times, receive for their services a compensation, which shall be fixed by law, and shall not be diminished, during their continuance in office: but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this State, the United States, or any other power. S ECT. 12. Chancellors, Judges of the Supreme Court, Judges of the Circuit Courts, and Judges of the Inferior Courts, shall be elected by joint vote of both Houses of the General Assembly. S ECT. 13. The Judges of the several Courts in this State, shall hold their offices during good behaviour; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of two thirds of each House of the General Assembly; provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address and entered on the journals of each House; and provided further, that the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each House respectively; and provided also, that the Judges of the several Circuit Courts who shall be appointed before the commencement of the first session of the General Assembly, which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and twenty-five, shall only hold their
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A LABAMA offices during good behaviour, until the end of the said session, at which time their commissions shall expire.
not be diminished during their continuance in office.
S ECT. 14. No person, who shall have arrived at the age of seventy years, shall be appointed to, or continue in, the office of Judge in this State.
Impeachments
S ECT. 15. Clerks15 of the circuit and inferior Courts in this State shall be elected by the qualified electors in each county, for the term of four years, and may be removed from office for such causes and in such manner, as may be prescribed by law; and should a vacancy occur subsequent to an election, it shall be filled by the Judge or Judges of the Courts16 in which such vacancy exists; and the person so appointed shall hold his office, until the next General election; provided however, that after the year one thousand eight hundred and twenty-six, the General Assembly may prescribe a different mode of appointment, but shall not make such appointment.17 S ECT. 16. The Judges of the Supreme Court shall, by virtue of their offices, be conservators of the peace throughout the State; as18 also the Judges of the circuit courts in their respective districts, and Judges of the inferior Courts in their respective counties. S ECT. 17. The style of all process shall be “the State of Alabama,” and all prosecutions shall be carried on, in the name, and by the authority of the State of Alabama, and shall conclude “against the peace and dignity of the same.” S ECT. 18. There shall be an Attorney General for the State, and as many solicitors, as the General Assembly may deem necessary, to be elected by joint vote thereof, who shall hold their offices, for the term of four years, and shall receive for their services a compensation, which shall
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S ECT. 1. The House of Representatives shall have the sole power of impeaching. S ECT. 2. All impeachments shall be tried by the Senate: when sitting for that purpose, the Senators shall be on oath or affirmation: and no person shall be convicted, without the concurrence of two thirds of the members present. S ECT. 3. The Governor and all civil officers, shall be liable to impeachment for any misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and to disqualification to hold any office of honor, trust or profit under the State; but the party convicted, shall nevertheless be liable and subject to indictment, trial and punishment according to law.
ARTICLE VI General Provisions S ECT. 1. The members of the General Assembly, and all officers, executive and judicial, before they enter on the execution of their respective offices, shall take the following oath or affirmation, to wit: “I solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and Constitution of the State of Alabama, so long as I continue a citizen thereof, and that I will faithfully discharge to the best of my abilities, the duties of ——– according to law, so help me God.” S ECT. 2. Treason against the State shall consist only, in levying war against it, or
C ONSTITUTION OF A LABAMA (1819) in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or his own confession in open court. S ECT. 3. The General Assembly shall have power to pass such penal laws, to suppress the evil practice of Duelling, extending to disqualification from office or the tenure thereof, as they may deem expedient. S ECT. 4. Every person shall be disqualified from holding any office or place of honor or profit under the authority of the State, who shall be convicted of having given or offered any bribe to procure his election or appointment. S ECT. 5. Laws shall be made to exclude from office, from suffrage and from serving as Jurors, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes or misdemeanors. The privilege of free suffrage shall be supported by laws, regulating elections, and prohibiting under adequate penalties, all undue influence thereon, from power, bribery, tumult or other improper conduct. S ECT. 6. In all elections by the General Assembly the members thereof, shall vote viva voce, and the votes shall be entered on the journals. S ECT. 7. No money shall be drawn from the Treasury, but in consequence of an appropriation made by law; and a regular statement and account of the receipts and expenditures of all public monies, shall be published annually.
courts, suits may be brought against the State. S ECT. 10. It shall be the duty of the General Assembly to regulate by law, the cases in which deductions shall be made from the salaries of public Officers, for neglect of duty in their official capacities, and the amount of such deduction. S ECT. 11. Absence on business of this State or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence, once obtained. S ECT. 12. No Member of Congress, nor any person holding any office of profit or trust under the United States, (the office of Post-Master excepted) or either of them, or any foreign power, shall hold or exercise any office of profit under this State. S ECT. 13. Divorces, from the bonds of matrimony, shall not be granted, but in cases provided for by law, by suit in Chancery: and no decree for such divorce shall have effect, until the same shall be sanctioned by two thirds of both Houses of the General Assembly. S ECT. 14. In prosecutions for the publishing of papers, investigating the official conduct of officers or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels the jury shall have a right to determine the law and the facts, under the direction of the courts.
S ECT. 8. All lands liable to taxation in this State, shall be taxed in proportion to their value.
S ECT. 15. Returns of all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State.
S ECT. 9. The General Assembly shall direct by law, in what manner, and in what
S ECT. 16. No new county shall be established by the General Assembly, which
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A LABAMA shall reduce the county or counties or either of them, from which it shall be taken to a less content than19 nine hundred square miles; nor shall any county be laid off of less contents: Every new county, as to the right of suffrage and representation, shall be considered as a part of the county or counties, from which it was taken until entitled by numbers to the right of separate representation. S ECT. 17. The General Assembly shall, at their first session which may be holden in the year eighteen hundred and twenty-eight or at the next succeeding session, arrange and designate boundaries for the20 several counties within the limits of this State, to which the Indian title shall have been extinguished, in such manner as they may deem expedient; which boundaries shall not be afterwards altered, unless by the agreement of two thirds of both branches of the General Assembly, and in all cases of ceded Territory acquired by the State, the General Assembly may make such arrangements and designations of the boundaries of counties within such ceded Territory as they may deem expedient, which shall only be altered, in like manner; provided that no county hereafter to be formed, shall be of less extent than nine hundred square miles. S ECT. 18. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper, to decide differences by arbitrators, to be appointed by the parties, who may choose that summary mode of adjustment. S ECT. 19. It shall be the duty of the General Assembly as soon as circumstances will permit, to form a penal code, founded on principles of reformation, and not of vindictive justice. S ECT. 20. Within five years after the adoption of this Constitution the body of
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our laws, civil and criminal, shall be revised digested, and arranged under proper heads, and promulgated in such manner as the General Assembly may direct: and a like revision, digest and promulgation shall be made within every subsequent period of ten years. S ECT. 21. The General Assembly shall make provision by law for obtaining correct knowledge of the several objects proper for improvement in relation to the navigable waters, and to the roads in this State, and for making a systematic and economical application of the means appropriated, to those objects. S ECT. 22. In the event of the annexation of any foreign territory to this State, by a cession from the United States, laws may be passed, extending to the inhabitants of such Territory, all the rights and privileges, which may be required by the terms of such cession; any thing in this Constitution to the contrary notwithstanding.
Education Schools and the means of education shall forever be encouraged in this State; and the General Assembly shall take measures to preserve from unnecessary waste or damage, such lands as are, or hereafter may be granted by the United States for the use of schools within each township in this State, and apply the funds, which may be raised from such lands, in strict conformity to the object of such grant. The General Assembly shall take like measures for the improvement of such lands as have been or may be hereafter, granted by the United States to this State, for the support of a Seminary of learning, and the monies which may be raised from such lands, by rent, lease, or sale, or from any other quarter, for the purpose, aforesaid, shall be and remain a fund
C ONSTITUTION OF A LABAMA (1819) for the exclusive support of a state University, for the promotion of the arts, literature, and the sciences: and it shall be the duty of the General Assembly as early as may be, to provide effectual measures21 for the improvement and permanent security of the funds and endowments of such institution.
Establishment of Banks S ECT. 1. One State Bank may be established, with such number of branches as the General Assembly may from time to time, deem expedient: Provided that no branch bank shall be established, nor Bank charter renewed, under the authority of this State, without the concurrence of two thirds of both Houses of the General Assembly; and provided also, that not more than one bank nor branch bank shall be established, nor bank charter renewed, at any one session of the General Assembly, nor shall any Bank or branch Bank be established, or bank charter renewed, but in conformity with the following rules: 1. At least two fifths of the capital stock shall be reserved to22 the State. 2. A proportion of power in the direction of the bank, shall be reserved to the State, equal at least to its proportion of stock therein. 3. The State, and the individual stockholders shall be liable respectively, for the debts of the bank, in proportion to their stock holden therein. 4. The remedy for collecting debts shall be reciprocal, for and against the bank. 5. No bank shall commence operations until half of the capital stock subscribed for, be actually paid in gold or silver, which amount shall, in no case be less than one hundred thousand dollars. 6. In case any bank or branch bank shall neglect or refuse to pay, on demand, any
bill, note or obligation, issued by the corporation, according to the promise therein expressed, the holder of any such note, bill or obligation23 shall be entitled to receive and recover interest thereon, until the same shall be paid or specie payments are resumed by said Bank, at the rate of twelve per cent. per annum from the date of such demand, unless the General Assembly shall sanction such suspension of specie payments; and the General Assembly shall have power, after such neglect or refusal to adopt such measures, as they may deem proper, to protect and secure the rights of all concerned: and to declare the charter of such bank forfeited. 7. After the establishment of a general State Bank, the banks of this State now existing may be admitted as branches thereof, upon such terms as the Legislature and the said banks may agree, subject nevertheless to the preceeding rules.
Slaves S ECT. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves, without the consent of their owners, or without paying their owners, previous to such emancipation, a full equivalent in money, for the slaves so emancipated. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this State: Provided, that such person or slave be the bona fide property of such emigrants; and provided also, that laws may be passed to prohibit the introduction into this State of slaves, who have committed high crimes in other States or Territories. They shall have power to pass
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A LABAMA laws to permit the owners of slaves to emancipate them, saving the rights of creditors, and preventing them from becoming a public charge. They shall have full power to prevent slaves from being brought into this State as merchandize, and also to oblige the owners of slaves to treat them with humanity, to provide for them necessary food and clothing, to abstain from all injuries to them extending to life or limb, and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold for the benefit of the owner or owners. S ECT. 2. In the prosecution of slaves for crimes, of a higher grade than petit larceny, the General Assembly shall have no power to deprive them of an impartial trial by a petit jury. S ECT. 3. Any person who shall maliciously dismember or deprive a slave of life, shall suffer such punishment as would be inflicted in case the like offence had been committed on a free white person, and on the like proof; except in case of insurrection of such slave.
Mode of Amending and Revising the Constitution S ECT. 1.24 The General Assembly, whenever two thirds of each House shall deem it necessary, may propose amendments to this Constitution; which proposed amendments shall be duly published in print, at least three months before the next general election of Representatives, for the consideration of the people, and it shall be the duty of the several returning officers at the next general election which shall be held for Representatives, to open a poll for, and make return25 to the Secretary of State for the time being, of the names of all those voting for representatives, who have voted
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on such proposed amendments; and if thereupon it shall appear that a majority of all the citizens of this state, voting for representatives, have voted in favour of such proposed amendments; and two thirds of each House of the next General Assembly shall, after such an election, and before another, ratify the same amendments by yeas and nays, they shall be valid, to all intents and purposes, as parts of this Constitution: Provided, that the said proposed amendments shall at each of the said sessions, have been read three times, on three several days, in each House.
SCHEDULE S ECT. 1. That no inconvenience may arise from a change of Territorial to a permanent State Government, it is Declared that all rights, actions, prosecutions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if no such change had taken place: and all process which shall, before the third Monday in September next, be issued in the name of the Alabama Territory, shall be as valid as if issued in the name of the State. S ECT. 2. All fines, penalties, forfeitures and escheats accruing to the Alabama Territory, shall accrue to the use of the State. S ECT. 3. The validity of all bonds and recognizances, executed to the Governor of the Alabama Territory, shall not be impaired by the change of government, but may be sued for and recovered in the name of the Governor of the State of Alabama and his successors in office: and all criminal or penal actions arising or now depending within the limits of this State, shall be prosecuted to judgment and execution in the name of said State; all causes of action arising to individuals and all suits at law or in equity, now depending in the several Courts
C ONSTITUTION OF A LABAMA (1819) within the limits of this State and not already barred by law, may be commenced in, or transferred to such Courts as may have jurisdiction thereof. S ECT. 4. All officers, civil or military, now holding commissions, under the authority of the United States or of the Alabama Territory within this State shall continue to hold and exercise their respective offices under the authority of this State, until they shall be superseded under the authority of this Constitution, and shall receive from the Treasury of this State the same compensation which they heretofore received in proportion to the time they shall be so employed. The Governor shall have power to fill vacancies by commissions, to expire so soon as elections or appointments can be made to such offices, by authority of this Constitution. S ECT. 5. All laws and parts of laws, now in force in the Alabama Territory, which are not repugnant to the provisions of this Constitution, shall continue and remain in force as the laws of this state, until they expire by their own limitation, or shall be altered, or repealed by the Legislature thereof. S ECT. 6. Every white male person above the age of twenty one years, who shall be a citizen of the United States and resident in this State at the time of the adoption of this Constitution, shall be deemed a qualified elector at the first election to be holden in this State. And every white male person who shall reside within the limits of this State at the time of the adoption of this Constitution, and shall be otherwise qualified shall be entitled to hold any office or place of honor, trust, or profit under this State; any thing in this Constitution to the contrary notwithstanding. S ECT. 7. The President of this Convention shall issue writs of election directed
to the Sheriffs of the several counties requiring them to cause an election to be held for a Governor, Representative to the Congress of the United States, Members of the General Assembly, Clerks of the several Courts and Sheriffs of the respective counties, at the respective places of election in26 said Counties, on the third Monday and the day following in September next, which elections shall be conducted in the manner prescribed by the existing election laws of the Alabama Territory; and the said Governor and Members of the General Assembly, then duly elected, shall continue to discharge the duties of their respective offices, for the time prescribed by this Constitution, and until their successors shall be duly qualified. S ECT. 8. Until the first enumeration shall be made, as directed by this Constitution, the county of Autauga shall be entitled to two Representatives; the county of Baldwin, to one Representative; the county of Blount, to three Representatives; the county of Cahawba, to one Representative; the county of Clark, to two Representatives; the county of Conecuh, to two Representatives; the county of Cotaco, to two Representatives; the county of Dallas, to two Representatives; the county of Franklin, to two Representatives; the county of Lauderdale, to two Representatives; the county of Lawrence, to two Representatives; the county of Limestone, to three Representatives; the county of Madison, to eight Representatives; the county of Marengo, to one Representative; the county of Marion, to one Representative; the county of Monroe, to five Representatives; the county of Montgomery, to three Representatives; the county of Mobile, to one Representative; the county of St. Clair, to one Representative; the county of Shelby, to two Representatives; the county of Tuscaloosa to three Representatives; and
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A LABAMA the county of Washington, to two Representatives. And each county shall be entitled to one Senator, who shall serve for one term. S ECT. 9. The oaths of office, herein directed to be taken, may be administered by any Justice of the Peace, until the General Assembly shall otherwise direct.27
ORDINANCE The Convention, for and in behalf of the People inhabiting this State, Do accept the propositions offered by the Act of Congress under which they are assembled: and this Convention, for and in behalf of the people inhabiting this State. Do ordain, agree, and declare, that they forever disclaim all right and title to the waste and unappropriated lands, lying within this State, and that the same shall be and remain at the sole and entire disposition of the United States; and moreover, that each and every tract of land, sold by the United States after the first
day of September next, shall be and remain exempt from any tax, laid by the order or under the authority of this State, whether for State, County, Township, Parish, or any other purpose whatsoever, for the term of five years from and after the respective days of the28 sales thereof: and that the lands belonging to the citizens of the United States, residing out of the limits of this State, shall never be taxed higher, than the lands belonging to persons residing therein: and that no tax shall be imposed on lands the property of the United States: and that all navigable waters within this State shall forever remain public highways, free to the citizens of this State and of the United States, without any tax, duty, impost, or toll therefor, imposed by this State: and this ordinance is hereby declared irrevocable, without the consent of the United States. Done in Convention, at Huntsville, this second day of August, in the year of our Lord one thousand eight hundred and nineteen, and of American independence the forty-fourth.
JOHN W. WALKER, President of the Convention. And member from Madison County. Members from the County of Madison Clement C. Clay, John Leigh Townes, Henry Chambers, Lemuel Mead, Henry Minor, Gabriel Moore, John M. Taylor. Monroe County John Murphy, John Watkins, James Pickens, Thomas Wiggins. Blount county Isaac Brown, John Brown, Gabriel Hanby.
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Limestone county Thomas Bibb, Beverly Hughes, Nicholas Davis. Shelby county George Phillips, Thomas A. Rogers. Montgomery county John Dandridge Bibb, James W. Armstrong. Washington county Israel Pickens, Henry Hitchcock. Tuskaloosa county Marmaduke Williams, John L. Tindal.
C ONSTITUTION OF A LABAMA (1819) Lawrence county Arthur F. Hopkins, Daniel Wright. Franklin County William Metcalf, Richard Ellis. Cotaco County Thomas D. Crabb, Melkijah Vaughan. Clark County Reuben Saffold, James Magoffin. Cahawba County Littlepage Simms. Conecuh county Samuel Cook.
Dallas county William R. King. Marengo county Washington Thomson29 . Marion county John D. Terrel30 . Lauderdale county Hugh M’Vay. St. Clair county David Conner. Autauga county James Jackson. Baldwin county Harry Toulmin. Mobile county Samuel H. Garrow.
Attest. JOHN CAMPBELL, Secretary of the Convention.
1 Verified by The Constitution of the State of Alabama, Adopted August 2d, 1819, Huntsville: Printed by John Boardman, 1819, 26 p., and checked against the sesquicentennial edition in The Alabama Historical Quarterly, 31 (1969), 7– 38, and the version as published in the internet at http://www.legislature.state.al.us/misc/history/ constitutions/1819/1819.html. Spelling, capitalization, and punctuation follow the Boardman print. Obvious typographical errors are tacitly corrected. The original manuscript is not known to have survived. The Constitution was signed on August 2, 1819. It was not submitted to the people. Congress accepted the Constitution, and President Monroe signed it on December 14, 1819, the day on which Alabama entered the Union as the twenty-second state, cf. Malcolm Cook McMillan, “The Alabama Constitution of 1819: A Study of Constitution-Making on the Frontier”, in: The Alabama Review. A Quarterly Journal of Alabama History, 3 (1950), 263–285, and, including Alabama’s constitutional development up to the Civil War, id., Constitutional Development in Alabama, 1798–1901: A Study in Politics, the Negro, and Sectionalism, Chapel Hill: University of North Carolina Press, 1955, repr. with a New Introduction, Spartanburg, S.C.: The Reprint Company, 1978, 30–75. The Constitution was amended three times (q. v.) and remained in force until early 1861, whereas three proposed amendments failed (q. v.). 2 In internet text, “add”. 3 Ibid., “or”.
4
Ibid., “said”. Ibid., “the highest”. 6 In Alabama Historical Quarterly, 31 (1969), 19, “of”. 7 In internet text, “all the laws”. 8 Ibid., “regulation”. 9 In Alabama Historical Quarterly, 31 (1969), 21, and in internet text, “case”. 10 In Alabama Historical Quarterly, 31 (1969), 22, and in internet text, “the public good require”. 11 In Alabama Historical Quarterly, 31 (1969), 22, and in internet text, “the may same time”. 12 In internet text, “appointment”. 13 Ibid., “officer”. 14 In Alabama Historical Quarterly, 31 (1969), 23, and in internet text, “jurisdiction”. 15 In Alabama Historical Quarterly, 31 (1969), 26, and in internet text, “The clerks”. 16 In Alabama Historical Quarterly, 31 (1969), 26, and in internet text, “Court”. 17 In Alabama Historical Quarterly, 31 (1969), 26, and in internet text, “but shall not make such appointment” missing. 18 In Alabama Historical Quarterly, 31 (1969), 26, and in internet text, “and”. 19 In internet text, “that”. 20 Ibid., “the next succeeding session, arrange and designate boundaries for the” missing. 21 In Alabama Historical Quarterly, 31 (1969), 31, and in internet text, “means”. 5
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A LABAMA 22 In Alabama Historical Quarterly, 31 (1969), 31, and in internet text, “for”. 23 In internet text, “issued by the corporation, according to the promise therein expressed, the holder of any such note, bill, or obligation,” printed twice. 24 In Alabama Historical Quarterly, 31 (1969), 33, and in internet text, designation missing.
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25 In Alabama Historical Quarterly, 31 (1969), 33, and in internet text, “a return”. 26 In internet text, “and in”. 27 Ibid., Ordinance and signatures missing. 28 In Alabama Historical Quarterly, 31 (1969), 36, word missing. 29 Ibid., 38, “Thompson”. 30 Ibid., “Terrill”.
Failed Amendment of 1828 [Amendment to the Constitution of Alabama]1
Strike out so much of the thirteenth section of fifth article, as refers to the election of Judges of the state, during good behaviour, and insert in lieu thereof, the following, to wit: The Judges of the several courts in this state shall be elected for, and during the term of seven years, and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient grounds for impeachment, the Governor shall remove any of them on the address of two thirds of each house of the General Assembly; Provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address, and entered in the Journals of each House; and Provided further, that the cause or causes shall be
notified to the Judge so intended to be removed, and shall be admitted to a hearing in his own defence, before any vote for such address shall pass; and in all such cases, the votes shall be taken by yeas and nays, and entered on the Journals of each House respectively. 1
Verified by Acts Passed at the Ninth Annual Session of the General Assembly of the State of Alabama, Began and Held in the Town of Tuscaloosa, on the Third Monday in November, One Thousand Eight Hundred and Twenty-Seven, Tuscaloosa: Printed by Ducald M’Farlane, State Printer, 1828, 157. Spelling, capitalization, and punctuation follow the Session Laws. The amendment was approved in a joint resolution of both Houses of the General Assembly on January 9, 1828, but was rejected in the general election in August 1828. A modified amendment was approved on January 26, 1829, and ratified as the amendment of 1830 on January 16, 1830 (q. v.).
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Amendment of 1830 [Amendment to the Constitution of Alabama so as to limit the tenure of the Judges’ offices to six years]1
The Judges of the several Courts of this State shall hold their offices for the term of six years; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two thirds of each house of the General Assembly: Provided, however, that the cause or causes for which such removal shall be required, shall be stated at length in such address; and entered on the journals of each House: And provided further, That the cause or causes shall be notified to the Judge so intended to be removed, and he shall be admited to a hearing in his own defence, before any vote for such address shall pass; and in all such cases the vote shall be taken by yeas and nays, and entered on the journals of each House respectively: And provided also, that the Judges now in office may hold their offices until the session of
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the General Assembly which shall be held in the year one thousand eight hundred and thirty-three, and until their successors shall be elected and qualified, unless removed by address or impeachment. 1
Verified by Acts Passed at the Eleventh Annual Session of the General Assembly of the State of Alabama, Begun and Held in the Town of Tuscaloosa, on the Third Monday in November, One Thousand Eight Hundred and TwentyNine, Tuscaloosa: Printed by Mc Guire, Henry and Walker, State Printers, 1830, 78–79, and checked against the version as published in the internet at http://www.legislature.state.al.us/misc/history/ constitutions/1819/1819.html. Spelling, capitalization, and punctuation follow the Session Laws. The amendment was approved by the General Assembly in joint resolution on January 26, 1829, and adopted in the general election of August 1829. The newly elected General Assembly ratified the amendment on January 16, 1830. It changed Art. V, sect. 13 of the Constitution of 1819. A first proposed amendment limiting the tenure of judges failed in 1828 (q. v.).
Failed Amendment of 1830 [Amendment to the Constitution of Alabama so as to have biennial sessions of the General Assembly thereof]1
Strike out the second section of the third article, and insert in lieu thereof the following:
Strike out all of section nine, in the third article, and insert in lieu thereof the following, to wit:
The members of the House of Representatives shall be chosen by the qualified electors, and shall serve for the term of two years from the day of the commencement of the general election, and no longer;
The General Assembly shall, at their session in the years eighteen hundred an thirtyone, eighteen hundred and thirty-five, eighteen hundred and thirty-nine, and every eight years thereafter, cause an enumeration to be made of all the inhabitants of the State, and the whole number of Representatives shall, at the first session held after making such enumeration, be fixed by the General Assembly, and apportioned among the several counties, cities and towns, entitled to separate representation, according to their respective numbers of white inhabitants, and the said apportionment, when made, shall not be subject to alteration, until after the next census shall be taken; the House of Representatives shall not consist of less than sixty, nor more than one hundred members, Provided however, that each county shall be entitled to at least one Representative;
In the third section of the third article, strike out the word year, where it is in the said section, and insert in lieu thereof the words two years, and it will read thus: The Representatives shall be chosen every two years, on the first Monday in August, until otherwise directed by law; In the twelfth section of the third article, strike out the word three where it occurs in said section, and insert in lieu thereof the word four, and it will then read thus: The Senators shall be chosen by the qualified electors for the term of four years, at the same time, and in the same manner, and at the same places where they may vote for members to the House of Representatives; and no person shall be a Senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State for two years next preceding his election, and the last year thereof a citizen of the district for which he may be chosen, and shall have attained the age of twentyseven years;
Strike out the whole of the thirteenth section of the third article; strike out the twentythird section of the fourth article, and insert the following in lieu thereof, to wit: A Treasurer and Comptroller of public accounts shall be elected once in every two years by joint vote of both Houses of the General Assembly; Strike out the fourteenth section of the
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A LABAMA third article, and insert the following in lieu thereof, to wit: The House of Representatives, when assembled, shall choose a Speaker and its other officers; and the Senate shall, when assembled, choose a President, and its other officers, and shall not convene oftener than once in two years, unless required to do so by the Governor’s proclamation; each House shall judge of the elections and returns of its own members, but a contested election shall be determined in such manner as shall be required by law; In the eighth section of the fourth article,
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strike out the word annual, and insert in lieu thereof biennial; in the seventh section of the sixth article, and last word of the section, strike out annually, and insert biennially. 1
Verified by Acts Passed at the Eleventh Annual Session of the General Assembly of the State of Alabama, Begun and Held in the Town of Tuscaloosa, on the Third Monday in November, One Thousand Eight Hundred and Twenty-Nine, Tuscaloosa: Printed by Mc Guire, Henry and Walker, State Printers, 1830, 79–80. Spelling, capitalization, and punctuation follow the Session Laws. The amendment was approved by the General Assembly in joint resolution on January 14, 1830, but was rejected in the general election of August 1830. In modified form it was again proposed in 1845 and adopted in 1846 (q. v.).
Failed Amendment of 1843 [Amendment to the Constitution of Alabama]1
Strike out the word fifty, in the tenth section of the fifth article, and insert in lieu thereof, one hundred, and strike out of the twelfth section of the fifth article, and insert in lieu thereof, the following: Chancellors, Judges of the Supreme Court, and Judges of the Circuit Courts, shall be elected by joint vote of both houses of the General Assembly, and Judges of the Inferior Courts shall be elected by the qualified electors of each county.
1
Verified by Acts Passed at the Annual Session of the General Assembly of the State of Alabama, Begun and Held in the City of Tuscaloosa, on the First Monday in December, 1842, Tuscaloosa: Phelan & Harris, Printers, 1843, 224. Spelling, capitalization, and punctuation follow the Session Laws. The General Assembly adopted the proposed amendment in a joint resolution on January 2, 1843, but it was rejected in the general election in August 1843.
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Amendment of 1846 [Amendment to the Constitution of Alabama, providing for Biennial Sessions of the Legislature, and for other purposes]1
Strike out the words “one year,” where they occur in the second section of the third article, and insert in lieu thereof, “every two years2 .” Strike out the words “every year,” where they occur in the third section of the third article, and insert in lieu thereof, “at each session.” Strike out the word “annually,” where it occurs in the fourteenth section of the third article, and insert in lieu thereof, “at each session.”3 Strike out the word “annual,” where it occurs in the eighth section of the fourth article, and insert in lieu thereof, “biennial.” Strike out the thirteenth section of the third article, and insert in lieu thereof the following: “At the first meeting of the General Assembly, after the adoption of the proposed amendments, the Senators when convened shall be divided by lot4 into two classes, as nearly equal as may be. The seats of the Senators of the first class, shall be vacated at the expiration of the two next ensuing years; and those of the Senators of the second class, shall be vacated at the expiration
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of the four next ensuing years;5 so that one half may be biennially chosen thereafter, and a rotation thereby kept up perpetually.” Strike out the twenty ninth section of the third article, which permanently locates the Seat of Government in this State. 1
Verified by Acts Passed at the Annual Session of the General Assembly of the State of Alabama, Begun and Held in the City of Tuscaloosa, on the First Monday in December, 1845, Tuscaloosa: John McCormick, Printer, 1846, 243–244, and checked against the version as published in the internet at http://www.legislature.state.al.us/misc/ history/constitutions/1819/1819.html. Spelling, capitalization, and punctuation follow the Session Laws. The amendment was approved by the General Assembly in joint resolution on January 24, 1845, and by the people in the general election in August with voting on the permanent Capital being held separately. The amendment was finally ratified on January 9, 1846. As a result, Montgomery was selected as State Capital on February 4, 1846, cf. Malcolm Cook McMillan, Constitutional Development in Alabama, 1798– 1901: A Study in Politics, the Negro, and Sectionalism, Chapel Hill: University of North Carolina Press, 1955, repr. with a New Introduction, Spartanburg, S.C.: The Reprint Company, 1978, 55–63. 2 In internet text, “two years”. 3 Ibid., clause missing. 4 Ibid., “by lot” missing. 5 Ibid., “and those of the Senators of the second class, shall be vacated at the expiration of the four next ensuing years;” missing.
Amendments of 1850 [Amendments to the Constitution of Alabama]1
Strike out the ninth section of the third article of the constitution, and in lieu thereof insert the following: S ECT. 9. The general assembly shall cause an enumeration to be made in the year eighteen hundred and fifty and eighteen hundred and fifty-five, and every ten years thereafter, of all the white inhabitants of the2 state; and the whole number of representatives shall at the first regular session after such enumeration be apportioned among the several counties, cities or towns entitled to separate representation, according to their respective number of white inhabitants; and the said apportionment when made shall not be subject to alteration until after the next census shall be taken; the number or representatives shall not exceed one hundred, and the number of senators shall not exceed thirty-three; yet each county, notwithstanding it may not have a number of white inhabitants equal to the rates3 fixed, shall have one representative. Strike out the thirteenth section of the third article of the constitution and insert in lieu thereof the following: S ECT. 13. Senators shall be chosen for the term of four years; yet at the general election after every new apportionment, elections shall be held anew in every senatorial district; and the senators then4 elected, when convened at the first session thereafter5 , shall be divided by lot into two classes as nearly equal as may be; the seats of those of the first class shall be vacated at the expiration of two years, and those of
the second class at the expiration of four years, dating in both cases from the day of election, so that one-half may be biennially chosen, except as above provided. At the end of the twelfth section of the fifth article of the constitution add: But at and after the session of the general assembly to be held in the winter of the years eighteen hundred and forty-nine-fifty, the general assembly shall provide by law for the elections6 of judges of the circuit courts by the qualified electors of their circuits respectively, and for the elections of judges of the courts of probate and other inferior courts (not including chancellors’) by the qualified electors of the counties, cities or districts for which such courts may be respectively established; the first Monday in November in any year shall be the day for any election of such judges by the people, or such other day, not to be within a less period than two months of the general election for governor, members of the general assembly or members of congress, as the general assembly may by law prescribe; but no change to be made in any circuit or district, or in the mode or time of electing, shall affect the right of any judge to hold office during the term prescribed by the constitution, except at the first elections thereof to be made by the people after the ratification of these amendments, or either of them, which elections shall then all be had on the same day throughout the state, and the terms of the judges then to be elected shall commence on that day; vacancies in the offices7 of judge shall be filled by the
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A LABAMA governor, and the persons appointed thereto by him shall hold office until the next first Monday in November or other election day of judges and until the election and qualification of their successors respectively; and the general assembly shall have power to annex to the offices of any of the judges of the inferior courts the duties of clerks of such courts respectively. 1
Verified by Acts Passed at the Second Biennial Session of the General Assembly of Alabama, Held in the City of Montgomery, Commencing on the Second Monday in November, 1849, Montgomery:
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Brittan & de Wolf, State Printers, 1850, 485–487, and checked against the version as published in the internet at http://www.legislature.state.al.us/misc/ history/constitutions/1819/1819.html. Spelling, capitalization, and punctuation follow the Session Laws. The three amendments were adopted by the General Assembly in joint resolutions on March 6, 1848, and separately approved by the people in the general election in August 1849. They were subsequently ratified by the General Assembly on January 29, 1850. 2 In internet text, “this”. 3 Ibid., “ratio”. 4 Ibid., word missing. 5 Ibid., word missing. 6 Ibid., “election”. 7 Ibid. “office”.
Constitution of Arkansas (1836) Constitution of Arkansas1
We the People of the Territory of Arkansas by our Representatives in Convention Assembled at Little Rock, on Monday the 4th day of January, A. D. 1836, and of the Independence of the United States the sixtieth year, having the right of admission into the Union as one of the United States of America, consistent with the Federal Constitution, and by virtue of the Treaty of Cession by France to the United States of the Province of Louisiana, in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty and property and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent state by the name and style of the “State of Arkansas”, and do ordain and establish the following Constitution for the Government thereof.
ARTICLE I Of Boundaries We do declare and establish ratify and confirm the following as the permanent boundaries of said State of Arkansas, that is to say; Beginning in the middle of the main Channel of the Mississippi river on the parallel of thirty six degrees north latitude; running from thence West, with the said parallel of latitude to the St. Francis river; thence up the middle of the main Channel of said river to the parallel of thirty six degrees thirty minutes north; from thence West, to the South-West corner of the State of Missouri; and from thence to be bounded on the
West, to the north bank of Red river as by Acts of Congress and Treaties heretofore defining the Western limits of the Territory of Arkansas and to be bounded on the south side of Red river by the Mexican boundary line to the northwest corner of the State of Louisiana; thence East with the Louisiana State line to the middle of the main Channel of the Mississippi river, thence up the middle of the main Channel of said river to the thirty sixth degree of north latitude, the point of beginning.
ARTICLE II Declaration of Rights That the great and essential principles of liberty and free Government may be recognized and unalterably established, We declare – S ECT. 1. That all free men when they form a social compact are equal and have certain inherent and indefeasible rights amongst which are those of enjoying and defending life and liberty; of acquiring possessing and protecting property and reputation and of pursuing their own happiness. S ECT. 2. That all power is inherent in the people; and all free Governments are founded on their Authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have, at all times an unqualified right to alter reform or abolish their Government in such manner as they may think proper.
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A RKANSAS S ECT. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences, and no man can of right be compelled to attend erect or support any place of worship, or to maintain any Ministry against his consent: That no human authority can in any case whatever interfere with the rights of conscience; and that no preference shall ever be given to any Religious establishment or mode of worship. S ECT. 4. The2 civil rights privileges or capacities of any Citizen shall in no wise be diminished or enlarged on account of his Religion. S ECT. 5. That all Elections shall be free and equal. S ECT. 6. That the right of trial by Jury shall remain inviolate. S ECT. 7. That printing presses shall be free to every person and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; And every Citizen may freely speak write and print on any subject – being responsible for the abuse of that liberty. S ECT. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information the truth thereof, may be given in evidence: And in all indictments for libels the jury shall have the right to determine the law and the facts. S ECT. 9. That the people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and that general warrants, whereby an3 officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described, and supported by
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evidence, are dangerous to liberty and shall not be granted. S ECT. 10. That no free man shall be taken or imprisoned or diseised of his freehold liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life liberty or property, but by the judgment of his peers or the law of the land. S ECT. 11. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment a speedy public trial by an impartial Jury of the County or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself. S ECT. 12. That no person shall for the same offence be twice put in jeopardy of life or limb. S ECT. 13. That all penalties shall be reasonable and proportioned to the nature of the offence. S ECT. 14. That no man shall be put to answer any criminal charge but by presentment, indictment or impeachment. S ECT. 15. That no conviction shall work corruption of blood or forfeiture of estate. S ECT. 16. That all prisoners shall be bailable by sufficient securities unless in capital offences where the proof is evident or the presumption great; and the privilege of the writ of Habeas Corpus shall not be suspended, unless where in case of rebellion or invasion the public safety may require it. S ECT. 17. That excessive bail shall in
C ONSTITUTION OF A RKANSAS (1836) no case be required nor excessive fines imposed. S ECT. 18. That no ex post facto law nor any law impairing the obligation of contracts shall ever be made. S ECT. 19. That perpetuities and monopolies are contrary to the genius of a Republic and shall not be allowed; nor shall any hereditary emoluments privileges or honors ever be granted or confered in this state. S ECT. 20. That the Citizens have a right in a peaceable manner to assemble together for their common good to instruct their Representatives and to apply to those invested with the power of Government for redress of grievances or other proper purposes by address or remonstrance. S ECT. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defence. S ECT. 22. That no soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war but in a manner prescribed by law. S ECT. 23. The military shall be kept in strict subordination to the civil power. S ECT. 24. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained or any transgression of any of the higher powers herein delegated, we declare, that everything in this article is excepted out of the general powers of Government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
ARTICLE III S ECT. 1. The powers of theGovernment
of the State of Arkansas shall be divided into three distinct departments each of them to be confided to a separate body of Magistracy, to wit: those which are Legislative to one; those which are Executive to another; and those which are Judicial to another. S ECT. 2. No person or collection of persons being of one of those departments shall exercise any power belonging to either of the others: Except in the instances hereinafter expressly directed or permitted.
ARTICLE IV Legislative Department S ECT. 1. The Legislative power of this State shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
Qualification of Electors S ECT. 2. Every free white male Citizen of the United States who shall have attained the age of Twenty one years, and who shall have been a Citizen of this State six months shall be deemed a qualified elector and be entitled to vote in the County or district where he actually resides for each and every office made elective under this State or under the United States; Provided that no Soldier, Seaman, or Marine in the Army or Navy of the United States shall be entitled to vote at any election within this State.
Time of Choosing Representatives S ECT. 3. The House of Representatives shall consist of Members to be chosen every second year by the qualified electors of the several Counties.
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Qualification of a Representative S ECT. 4. No person shall be a Member of the House of Representatives who shall not have attained the age of Twenty five years; who shall not be a free white male Citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not at the time of his election, have an actual residence in the County he may be chosen to represent.
Qualification of a Senator S ECT. 5. The Senate shall consist of Members to be chosen every four years by the qualified Electors of the several districts. S ECT. 6. No person shall be a Senator who shall not have attained the age of thirty years; who shall not be a free white male Citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not at the time of his election have an actual residence in the district he may be chosen to represent.
Meeting of the General Assembly S ECT. 7. The General Assembly shall meet every two years on the first Monday of November at the Seat of Government, until altered by law.
The mode of Election and time and privilege of Electors S ECT. 8. All General Elections shall be viva voce until otherwise directed by law, and shall commence and be holden every two years on the first Monday in October until altered by law; and the electors in all cases except in cases of Treason, Felony and breach of the peace shall be privileged
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from arrest during their attendance on Elections, and in going to and returning therefrom.
Duty of Governor S ECT. 9. The Governor shall issue writs of Election to fill such vacancies as shall occur in either House of the General Assembly. S ECT. 10. No Judge of the Supreme, Circuit or inferior Courts of law or Equity, Secretary of State, Attorney for the State4 , State Auditor or Treasurer, Register or Recorder, Clerk of any Court of Record, Sheriff, Coroner, Member of Congress nor any other person holding any lucrative office under the United States or this State (Militia officers, Justices of the Peace, Postmasters and Judges of the County Court excepted) shall be eligible to a seat in either House of the General Assembly. S ECT. 11. No person who now is or shall be hereafter a Collector or holder of public money, nor any assistant or deputy of such holder or Collector of public money shall be eligible to a seat in either House of the General Assembly, nor to any office of profit or trust until he shall have accounted for and paid over all sums for which he may have been liable. S ECT. 12. The General Assembly shall exclude from every office of trust and profit and from the right of suffrage within this State all persons convicted of bribery perjury, or other infamous crime. S ECT. 13. Every person who shall have been convicted of directly or indirectly giving or offering any bribe to procure his Election or appointment shall be disqualified from holding any office of trust or profit under this State: And any person who shall give or offer any bribe to procure the Election or appointment of any person, shall on
C ONSTITUTION OF A RKANSAS (1836) conviction thereof be disqualified from being an Elector, or from holding office of trust or profit under this State. S ECT. 14. No Senator or Representative shall during the term for which he shall have been elected, be appointed to any civil office under this State which shall have been created or the emoluments of which shall have been increased during his continuence of office; except to such offices5 as shall be filled by the election of the people. S ECT. 15. Each House shall appoint its own officers and shall judge of the qualifications, returns and Elections of its own Members. Two thirds of each House shall constitute a quorum to do business but a smaller number may adjourn from day to day and compel the attendence of absent Members, in such manner and under such penalties as each House shall provide. S ECT. 16. Each House may determine the rules of its own proceedings punish its own Members for disorderly behavior and with the concurrence of two thirds of the Members elected expel a member; but no Member shall be expelled a second time for the same offence. They shall each from time to time publish a Journal of their proceedings except such parts as may in their opinion require secrecy; and the yeas and nays upon any question shall be entered on the Journal at the desire of any five Members. S ECT. 17. The door of each House when in session or in Committee of the whole shall be kept open except in cases which may require secrecy; and each House may punish by fine and imprisonment any person not a Member who shall be guilty of disrespect to this6 House by any disorderly or contemptuous behavior in their presence during their session; but such imprisonment shall not extend beyond the final adjournment of that session.
S ECT. 18. Bills may originate in either House and be amended or rejected in the other; and every bill shall be read on three different days in each House unless two thirds of the House where the same is pending shall dispense with the rules: And every bill having passed both Houses shall be signed by the President of the Senate and the Speaker of the House of Representatives. S ECT. 19. Whenever an Officer Civil or Military shall be appointed by the joint or concurrent vote of both Houses or by the separate vote either House of the General Assembly the vote shall be taken viva voce and entered on the Journal. S ECT. 20. The Senators and Representatives shall all cases except Treason, Felony or breach of the peace be privileged from arrest during the Session of the General Assembly and for fifteen days before the commencement, and after the termination of each Session; and for any speech or debate in either House they shall not be questioned in any other place. S ECT. 21. The Members of the General Assembly shall severally receive from the public Treasury compensation for their services, which may be increased or diminished but no alteration of such compensation of Members shall take effect during the Session at which it is made.
The manner of bringing suits against the State S ECT. 22. The General Assembly shall direct by law in what Courts and in what manner suits may be commenced against the State. S ECT. 23. They shall have power to pass all laws that are necessary to prohibit the introduction into this State of any Slave or Slaves who may have committed any high crime in any other State or Territory.
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A RKANSAS S ECT. 24. The General Assembly shall not have power to pass any bill of divorce; but may prescribe by law the manner in which such cases shall be investigated in the Courts of Justice and divorces granted. S ECT. 25. The General Assembly shall have power to prohibit the introduction of any slave or slaves for the purpose of speculation or as an article, of trade and Merchandise; to oblige the owners of any slave or slaves to treat them with humanity; and in the prosecution of slaves for any crime they shall not be deprived of an impartial jury; and any slave who shall be convicted of a capital offence shall suffer the same degree of punishment as would be inflicted on a free white person and no other; and Courts of justice before whom slaves shall be tried shall assign them Counsel for their defence. S ECT. 26. The Governor, Secretary of State, Auditor, Treasurer, and all the Judges of the Supreme, Circuit and inferior Courts of law and equity and the prosecuting Attorneys for the State shall be liable to impeachment for any mal-practice or misdemeanor in office; but judgment in such cases shall not extend further than removal from office and disqualification to hold any office of honor, trust or profit under this State. The party impeached whether convicted or acquitted shall nevertheless be liable to be indicted, tried and punished according to law. S ECT. 27. The House of Representatives shall have the sole power of impeachment; and all impeachments shall be tried by the Senate and when sitting for that purpose the Senators shall be on oath or affirmation to do justice according to law and evidence. When the Governor shall be tried the Chief Justice of the Supreme Court shall preside, and no person shall be convicted without the concurrence of two thirds of all the Senators elected; and for reasonable
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cause which shall not be sufficient ground of impeachment, the Governor shall on the joint address of two thirds of each branch of the General Assembly7 remove from office the Judges of Supreme and inferior Courts; Provided the cause or causes of removal be spread on the journals and the party charged be notified of the same and heard by himself and Counsel before the vote is finally taken and dicided. S ECT. 28. The appointment of all officers not otherwise directed by this Constitution shall be made in such manner as may be prescribed by law: And all officers both Civil and Military acting under the authority of this State shall before entry on the duties of their respective offices take an oath or affirmation to support the Constitution of the United States and of this State and to demean themselves faithfully in office. S ECT. 29. No County now established by law shall ever be reduced by the establishment of any new County or Counties to less than nine hundred square miles nor to a less population than its ratio of Representation in the House of Representatives, nor shall any County be hereafter established which shall contain less than nine hundred square miles (except Washington county which may be reduced to six hundred square miles) or a less population than would entitle each County to a Member in the House of Representatives. S ECT. 30. The style of the laws of this State shall be “Be it enacted by the General Assembly of the State of Arkansas”. S ECT. 31. The State shall from time to time be divided into convenient districts, in such manner that the Senate shall be based upon the free white male inhabitants of the State, each Senator representing an equal number as nearly as practicable; and until the first enumeration of the inhabitants is taken the districts shall be arranged as
C ONSTITUTION OF A RKANSAS (1836) follows: The County of Washington shall compose one district and elect two Senators; The Counties of Carroll, Searcy and Izard shall compose one district and elect one Senator; The Counties of Independence and Jackson shall compose one district and elect one Senator; The Counties of Laurence and Randolph shall compose one district and elect one Senator; The Counties of Johnson and Pope shall compose one district and elect one Senator; The Counties of Crawford and Scott shall compose one district and elect one Senator; The Counties of Conway and Van Buren shall compose one district and elect one Senator; The Counties of Pulaski, White and Saline shall compose one district and elect one Senator; The Counties of Hot Spring, Clark, and Pike shall compose one district and elect one Senator; The Counties of Hempstead and Lafayette shall compose one district and elect one Senator; The Counties of Sevier and Miller shall compose one district and elect one Senator; The Counties of Chicot and Union shall compose one district and elect one Senator; The Counties of Arkansas and Jefferson shall compose one district and elect one Senator; The Counties of Phillips and Monroe shall compose one district and elect one Senator; The Counties of St. Francis and Green[e] shall compose one district and elect one Senator; The Counties of Crittenden and Mississippi shall compose one district and elect one Senator. And the Senate shall never consist of less than seventeen nor more than thirty three Members; and as soon as the Senate shall meet after the first election to be held under this Constitution, they shall cause the Senators to be divided by lot into two classes nine of the first class and eight of the second, and the seats of the first class shall be vacated at the end of two years from the time of their Election, and the seats of the second class at the end of four years from the time of their Election: in order that one
class of the Senators may be elected every two years. S ECT. 32. An Enumeration of the inhabitants of the State shall be taken under the direction of the General Assembly on the first day of January one thousand Eight hundred and thirty Eight, and at the end of every four years thereafter. And the General Assembly shall at the first Session after the return of every enumeration so alter and arrange the Senatorial districts that each district shall contain as nearly as practicable an equal number of free white male inhabitants. Provided that Washington county as long as its population shall justify the same, may according to its numbers elect more than one Senator; and such districts shall then remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no County shall be divided in the formation of a Senatorial district. S ECT. 33. The ratio of Representation in the Senate shall be Fifteen hundred free white male inhabitants to each Senator, until the Senators amount to Twenty five in number; and then they shall be equally apportioned, upon the same basis throughout the State in such ratio as the increased numbers of free white male inhabitants may require, without increasing the Senators to a greater number than Twenty five, until the population of the State amounts to Five hundred thousand souls; and when an increase of Senators takes place they shall from time to time be divided by lot and classed as prescribed above. S ECT. 34. The House of Representatives shall consist of not less than Fifty four nor more than one hundred Representatives, to be apportioned among the several Counties in this State according to the number of free white male inhabitants therein, taking Five hundred as the ratio until the number
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A RKANSAS of Representatives amounts to Seventy five; And when they amount to Seventy five they shall not be further increased until the population of the State amounts to Five hundred thousand souls: Provided that each County now organized shall, although its population may not give the existing ratio, always be entitled to one Representative. And until the first enumeration shall be taken the Representatives shall be apportioned among the several Counties as follows: The County of Washington shall elect Six Representatives; The County of Scott shall elect one Representative; The County of Johnson shall elect two Representatives; The County of Pope shall elect two Representatives; The County of Conway shall elect one Representative; The County of Van Buren shall elect one Representative; The County of Carroll shall elect two Representatives; The County of Searcy shall elect one Representative; The County of Izard shall elect one Representative; The County of Independence shall elect two Representatives; The County of Crawford shall elect three Representatives; The County of Jackson shall elect one Representative; The County of Lawrence shall elect two Representatives; The County of Randolph shall elect two Representatives; The County of White shall elect one Representative; The County of Pulaski shall elect two Representatives; The County of Saline shall elect one Representative; The County of Hot Spring shall elect one Representative; The County of Clark shall elect one Representative; The County of St. Francis shall elect two Representatives; The County of Pike shall elect one Representative; The County of Hempstead shall elect two Representatives; The County of Miller shall elect one Representative; The County of Sevier shall elect one Representative; The County of Lafayette shall elect one Representative; The County of Union shall elect one Representative; The County of Arkansas shall elect two Repre-
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sentatives; The County of Jefferson shall elect one Representative; The County of Monroe shall elect one Representative; The County of Phillips shall elect two Representatives; The County of Green[e] shall elect one Representative; The County of Crittenden shall elect two Representatives; The County of Mississippi shall elect one Representative; The County of Chicot shall elect two Representatives. And at the first session of the General Assembly after the return of every enumeration, the Representation shall be equally divided and re-apportioned among the several Counties according to the number of free white males in each County as above prescribed.
Mode of Amending the Constitution The General Assembly may at any time propose such amendments to this Constitution as two thirds of each House shall deem expedient which shall be published in all the newspapers published in this State three several times at least twelve months before the next General Election; And if at the first session of the General Assembly after such general election two thirds of each House shall by yeas and nays ratify such proposed amendments they shall be valid to all intents and purposes as parts of this Constitution; Provided that such proposed amendments shall be read on three several days in each House as well when the same are proposed as when they are finally ratified.
ARTICLE V Executive Department S ECT. 1. The Supreme Executive power of this State shall be vested in a Chief Magistrate who shall be styled “the Governor of the State of Arkansas”.
C ONSTITUTION OF A RKANSAS (1836) S ECT. 2. The Governor shall be elected by the qualified electors at the time and places where they shall respectively vote for Representatives.
S ECT. 7. He may require information in writing from the officers of the Executive department on any subject relating to the duties of their respective offices.
S ECT. 3. The returns of every election for Governor shall be sealed up and transmitted to the Speaker of the House of Representatives who shall during the first week of the Session open and publish them in the presence of both Houses of the General Assembly. The person having the highest number of votes shall be Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both Houses. Contested elections for Governor shall be determined by both Houses of the General Assembly in such manner as shall be prescribed by law.
S ECT. 8. He may by proclamation on extraordinary occasions convene the General Assembly at the Seat of Government or at a different place, if that shall have become since their last adjournment dangerous from an enemy or from contagious diseases. In case of disagreement between the two Houses with respect to the time of adjournment he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting of the General Assembly.
S ECT. 4. The Governor shall hold his office for the term of four years from the time of his installation and until his successor shall be duly qualified; but shall not be eligible for more than eight years in any term of twelve years. He shall be at least thirty years of age, a native born citizen of Arkansas, or a native born citizen of the United States or a resident of Arkansas ten years previous to the adoption of this Constitution, if not a native of the United States; and shall have been a resident of the same at least four years next before his election. S ECT. 5. He shall at stated times receive a compensation for his services which shall not he increased or diminished during the term for which he shall have been elected. Nor shall he receive within that period any other emolument from the United States or any one of them or from any foreign power. S ECT. 6. He shall be commander in Chief of the Army of this State and of the Militia thereof, except when they shall be called into the service of the United States.
S ECT. 9. He shall from time to time give to the General Assembly information of the State of the Government; and recommend to their consideration such measures as he may deem expedient. S ECT. 10. He shall take care that the laws be faithfully Executed. S ECT. 11. In all criminal and penal cases except in those of Treason and Impeachment he shall have power to grant pardons after conviction, and remit fines and forfeitures under such rules and regulations as shall be prescribed by law. In cases of Treason he shall have power by and with the advice and consent of the Senate to grant reprieves and pardons; and he may in the recess of the Senate respite the Sentence until the end of the next session of the General Assembly. S ECT. 12. There shall be a seal of this State which shall be kept by the Governor and used by him officially; and the present seal of the Territory shall be the seal of the State until otherwise directed by the General Assembly. S ECT. 13. All commissions shall be in the name and by the authority of the State of Arkansas, be sealed with the Seal of the
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A RKANSAS State signed by the Governor and attested by the Secretary of State.
by their adjournment prevent its return, in such cases8 it shall not be a law.
S ECT. 14. There shall be a Secretary of State elected by a joint vote of both Houses of the General Assembly who shall continue in office during the term of four years and until his successor in office be duly qualified. He shall keep a fair Register of all the official Acts and proceedings of the Governor and shall when required lay the same and all papers minutes and vouchers relative thereto before the General Assembly, and shall perform such other duties as may be required by law.
S ECT. 17. Every order or resolution to which the concurrence of both Houses may be necessary except on questions of adjournment shall be presented to the Governor and before it shall take effect be approved by him, or being disapproved, shall be repassed by both Houses according to the rules and limitations prescribed in the case of a bill.
S ECT. 15. Vacancies that may happen in offices the election to which is vested in the General Assembly shall be filled by the Governor during the recess of the General Assembly by granting Commissions which shall expire at the end of the next Session. S ECT. 16. Every bill which shall have passed both Houses shall be presented to the Governor. If he approve he shall sign it: but if he shall not approve it he shall return it with his objections to the House in which it shall have originated, who shall enter his objections at large upon their Journals, and proceed to reconsider it. If after such reconsideration a majority of the whole number elected to that House shall agree to pass the bill it shall be sent with the objections to the other House by which likewise it shall be reconsidered; and if approved by a majority of the whole number elected to that House it shall be a law. But in such cases the votes of both Houses shall be determined by yeas and nays; And the names of the persons voting for or against the bill shall be entered on the Journals of each House respectively. If any bill shall not be returned by the Governor within three days, Sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it. Unless the General Assembly
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S ECT. 18. In case of the impeachment of the Governor his removal from office, death, refusal to qualify, resignation, or absence from the State the President of the Senate shall exercise all the Authority appertaining to the office of Governor until another Governor shall have been elected and qualified, or until the Governor absent or impeached shall return or be acquitted. S ECT. 19. If during the vacancy of the Office of Governor the President of the Senate shall be impeached, removed from Office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives shall in like manner, administer the Government. S ECT. 20. The President of the Senate and Speaker of the House of Representatives, during the time they respectively administer the Government shall receive the same compensation which the Governor would have received, had he been employed in the duties of his office. S ECT. 21. Whenever the office of Governor shall have become vacant by death, resignation, removal from office, or otherwise, provided such vacancy shall not happen within Eighteen months of the end9 of the term for which the late Governor shall have been elected, the President of the Senate or Speaker of the House of Representatives, as the case may be, exercising the
C ONSTITUTION OF A RKANSAS (1836) powers of Governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving by proclamation Sixty days previous notice thereof, which election shall be governed by the same rules prescribed for general elections of Governor as far as applicable; the returns shall be made to the Secretary of State who in presence of the acting Governor, and the Judges of the Supreme Court or one of them at least shall compare them, and together with said Acting Governor and Judges, declare who is elected: and if there be a contested election it shall be decided by the Judges of the Supreme Court in manner to be prescribed by law. S ECT. 22. The Governor shall always reside at the seat of Government. S ECT. 23. No person shall hold the office of Governor and any other office or Commission civil or military either in this State or under any State or the United States, or any other power at one and the same time. S ECT. 24. That10 there shall be elected by the joint vote of both Houses of the General Assembly an Auditor and Treasurer for this State who shall hold their offices for the term of two years and until their respective successors are elected and qualified; unless sooner removed; And shall keep their respective offices at the Seat of Government, And perform such duties as shall be prescribed by law; And in case of vacancy by death, resignation or otherwise, such vacancy shall be filled by the Governor as in other cases.
Militia S ECT. 1. The militia of this State shall be divided into convenient divisions, Brigades, Regiments and Companies, and officers of corresponding titles and rank elected to
Command them, conforming as nearly as practicable to the general regulations of the Army of the United States. S ECT. 2. Major Generals shall be elected by the Brigadier Generals and Field officers of their respective divisions; Brigadier Generals shall be elected by the Field officers and Commissioned Company officers of their respective Brigades; Field officers shall be elected by the officers and privates of their respective Regiments; and Captains and Subaltern officers shall be elected by those subject to military duty in their respective Companies. S ECT. 3. The Governor shall appoint the Adjudant General and other members of his Staff; and Major Generals, Brigadier Generals and Commandants of Regiments shall respectively appoint their own staff; And all Commissioned officers may continue in office during good behavior; and staff officers during the same time, subject to be removed by the superior officer from whom they respectively derived11 their appointment.
ARTICLE12 VI Judicial Department S ECT. 1. The Judicial power of this State shall be vested in one Supreme Court, in Circuit Courts, in County Courts and in Justices of the Peace. The General Assembly may also vest such jurisdiction as may be deemed necessary in Corporation Courts: And when they deem expedient may establish Courts of Chancery. S ECT. 2. The Supreme Court shall be composed of three Judges, one of whom shall be styled Chief Justice, any two of whom shall constitute a quorum and the concurrence of any two of said Judges shall in every case be necessary to a decision.
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A RKANSAS The Supreme Courts except in cases otherwise directed by this Constitution, shall have appellate jurisdiction only which shall be co-extensive with the State, under such restrictions and regulations as may from time to time be prescribed by law. It shall have a general superintending control over all inferior and other Courts of law and equity. It shall have power to issue writs of error, and supersedeas, certiorari and habeas corpus, mandamus and quo warranto and other remedial writs, and to hear and determine the same; said Judges shall be conservators of the peace throughout the State, and shall severally have power to issue any of the aforesaid writs. S ECT. 3. The Circuit Court shall have original jurisdiction over all criminal cases which shall not be otherwise provided for by law: And exclusive original jurisdiction of all crimes amounting to Felony at the common law; And original jurisdiction of all civil cases which shall not be cognizable before Justices of the Peace, until otherwise directed by the General Assembly; And original jurisdiction in all matters of contract where the sum in controversy is over one hundred dollars. It shall hold its terms in such place in each County as may by law be13 directed. S ECT. 4. The State shall be divided into convenient Circuits, each to consist of not less than five or more than Seven Counties contiguous to each other, for each of which a Judge shall be elected, who during his continuence in office shall reside and be a conservator of the peace within the Circuit for which he shall have been elected. S ECT. 5. The Circuit Courts14 shall exercise a superintending control over the County Court15 and over Justices of the Peace in each County in their respective Circuits; And shall have power to issue all
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the necessary writs to carry into effect their general and specific powers. S ECT. 6. Until the General Assembly shall deem it expedient to establish Courts of Chancery the Circuit Courts shall have jurisdiction in matters of Equity, subject to appeal to the Supreme Court in such manner as may be prescribed by law. S ECT. 7. The General Assembly shall by joint vote of both Houses elect the Judges of the Supreme and Circuit Courts, a majority of the whole number in joint vote being necessary to a choice. The Judges of the Supreme Court shall be at least thirty years of age, they shall hold their offices during the term of Eight years from the date of their Commissions immediately after such election by the first General Assembly, the President of the Senate and the16 Speaker of the House of Representatives shall proceed by lot to divide the Judges into three classes: the Commission of the first class shall expire at the end of four years, of the second class at the end of six years; and of the third class at the end of eight years: so that one third of the whole number shall be chosen every four, six and Eight years. The Judges of the Circuit Court shall be at least twenty five years of age and shall be elected for the term of four years from the date of their Commission. The Supreme Court shall appoint its own Clerk or Clerks for the term of four years. The qualified voters of each County shall elect a Clerk of the Circuit Court for their respective Counties who shall hold his office for the term of two years; and Courts of Chancery if any be established shall appoint their own Clerks. S ECT. 8. The Judges of the Supreme and Circuit Courts shall at stated times receive a compensation for their services to be ascertained by law which shall not be diminished during the time for which they are elected. They shall not be allowed any fees
C ONSTITUTION OF A RKANSAS (1836) or perquisites of office nor hold any other office of trust or profit under this State or the United States. The States Attorneys and Clerks of the Supreme and Circuit Courts and Courts of Chancery if any such be established shall receive for their services such salaries fees and perquisites of office as shall be from time to time fixed by law. S ECT. 9. There shall be established in each County in the State a Court to be holden by the Justices of the Peace and called the County Court which shall have jurisdiction in all matters relating to County Taxes, disbursments of money for County purposes and in every other case that may be necessary to the internal improvement and local concerns of the respective Counties. S ECT. 10. There shall be elected by the Justices of the Peace of the respective Counties a presiding Judge of the County Court to be commissioned by the Governor and hold his office for the term of two years and until his successor is elected and qualified. He shall in addition to the duties that may be required of him by law as a presiding Judge of the County Court be a Judge of Probate17 , and have such jurisdiction in matters relative to the estates of deceased persons, Executors, Administrators, and Guardians as m[a]y be prescribed by law until otherwise directed by the General Assembly. S ECT. 11. The presiding Judge of the County Court and Justices of the peace, shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct. S ECT. 12. No Judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or in which he
may have been of Counsel or have presided in any inferior Court, except by consent of all the parties. In case all or any of the Judges of the Supreme Court shall be thus disqualified from presiding on any cause or causes the Court or Judges thereof shall certify the same to the Governor of the State and he shall immediately Commission specially the requisite number of men of law knowledge for the trial and determination thereof. The same course shall be pursued in the Circuit and other inferior Courts, as prescribed in this section for cases in the Supreme Court. Judges of the Circuit Courts may temporarily exchange Circuits or hold Courts for each other under such regulations as may be pointed out by law. Judges shall not charge juries with respect to matters18 of fact; but may state the testimony and declare the law. S ECT. 13. The General Assembly shall by a joint vote of both Houses elect an Attorney for the State for each Circuit established by law who shall continue in office two years and reside within the Circuit for which he was elected at the time of and during his continuence in office. In all cases where an Attorney for the State of any Circuit fails to attend and prosecute according to law, the Court shall have power to appoint an Attorney pro tempore. The Attorney for the Circuit in which the Supreme Court may hold its terms shall attend the Supreme Court and prosecute for the State. S ECT. 14. All writs and other process shall run in the name of “the State of Arkansas” and bear teste19 and be signed by the Clerks of the respective Courts from which they issue. Indictments shall conclude “against the peace and dignity of the State of Arkansas”. S ECT. 15. The qualified voters residing in each Township shall elect the Justices of the Peace for their respective Townships.
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A RKANSAS For every fifty voters there may be elected one Justice of the peace, Provided that each Township however small shall have two Justices of the Peace. Justices of the Peace shall be elected for the term of two years and shall be commissioned by the Governor and reside in the Township20 for which they were elected, during their continuence in office. They shall have individually or two or more of them jointly exclusive original jurisdiction in all matters of contract, except in actions of covenant, where the sum in controversy is of one hundred dollars and under. Justices of the Peace shall in no case have jurisdiction to try and determine any criminal case or penal offence against the State; but may sit as examining courts, and commit, discharge, or recognize to the Court having jurisdiction for further trial offenders against the peace. For the foregoing purposes they shall have power to issue all necessary process; they shall also have power to bind to keep the peace, or for good behavior. S ECT. 16. The qualified voters of each Township shall elect one Constable for the term of two years, who shall during his continuance in office, reside in the Township for which he was elected. Incorporated Towns may have a separate Constable and a separate Magistracy. S ECT. 17. The qualified voters of each county shall elect one Sheriff, one Coroner, one Treasurer, and one County Surveyor, for the term of two years. They shall be commissioned by the Governor reside in their respective counties during their continuence in office, and be disqualified for the office a second term, if it should appear that they or either of them are in default for any monies collected by virtue of their respective offices.
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ARTICLE VII General Provisions Education S ECT. 1.21 Knowledge and learning generally diffused through a community, being essential to the preservation of a free Government; and diffusing the opportunities and advantages of Education through the various parts of the State, being highly conducive to this end, it shall be the duty of the General Assembly to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the use of Schools, and to apply any funds which may be raised from such lands, or from any other source, to the accomplishment of the object for which they are or may be intended. The General Assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientific and Agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, science, commerce, Manufactures and Natural History. And countenance and encourage the principels of humanity, industry and morality.
Emancipation of Slaves S ECT. 1. The General Assembly shall have no power to pass laws for the emancipation of Slaves, without the consent of the owners. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed Slaves by the laws of any one of the United States. They shall have power to pass law to permit the owners of slaves to emancipate them, saving the right of creditors, and preventing them from becoming a public
C ONSTITUTION OF A RKANSAS (1836) charge. They shall have power to prevent slaves from being brought to this State as Merchandise, and also oblige the owners of slaves to treat them with humanity. S ECT. 2. Treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. S ECT. 3. No person who denies the being of a God, shall hold any office in the civil department of this State, nor be allowed his oath in any court. S ECT. 4. No money shall be drawn from the treasury but in consequence of an appropriation by law; nor shall any appropriations of money for the support of an army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public money shall be published with the promulgation of the laws. S ECT. 5. Absence on business of this State or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained.
S ECT. 8. Returns of22 all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State. S ECT. 9. Within five years after the adoption of this Constitution, the laws civil and Criminal, shall be revised, digested and arranged and promulgated in such manner as the General Assembly may direct; and a like revision, digest and promulgation shall be made within every subsequent period of Ten years. S ECT. 10. In the event of the annexation of any territory to this State, by a cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession, anything in this Constitution to the contrary notwithstanding. S ECT. 11. The person of a debtor, except where there is strong presumption of fraud, shall neither be imprisoned nor continued in prison, after delivering up his estate for the benefit of his creditors, in such manner as may be prescribed by law.
Revenue
S ECT. 6. No lottery shall be authorised by this State, nor shall the sale of lottery Tickets be allowed.
S ECT. 1. All revenue shall be raised by taxation, to be fixed by law.
S ECT. 7. Internal improvement shall be encouraged by the Government of this State; And it shall be the duty of the General Assembly as soon as may be to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals, and navigable waters; And it shall also be their duty to provide by law for an equal, systematic and economical application of the funds which may be appropriated to these objects.
S ECT. 2. All property subject to taxation, shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall direct; making the same equal and uniform throughout the State. No one species of property, from which a tax may be collected, shall be taxed higher than another species of property, of equal value; Provided the General Assembly shall have power to tax Merchants, Hawkers, Pedlars, and privileges, in
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A RKANSAS such manner as may from time to time be prescribed by law; and Provided further that no other or greater amount of Revenue shall at any time be levied, than required for the necessary expenses of the Government, unless by a concurrence of two thirds of both Houses of the General Assembly. S ECT. 3. No Poll tax shall be assessed for other than County purposes. S ECT. 4. No other or greater tax shall be levied on the productions or labor of the country, than may be required for expences of inspection.
Establishment of Banks S ECT. 1. The General Assembly may incorporate one State Bank, with such amount of capital as may be deemed necessary, and with such number of Branches as may be required for the public convenience, which shall become the repository of the funds belonging to or under the control of the State; and shall be required to loan them out throughout the State, and in each County, in proportion to Representation: And they shall further have power to incorporate one other Banking institution, calculated to aid and promote the great agricultural interest23 of the country; and the faith and credit of the State may be pledged to raise the funds necessary to carry into operation the two Banks herein specified: Provided such security can be given by the individual stockholders as will guarantee the State against loss or injury.
SCHEDULE S ECT. 1. That no inconvenience may arise from the change of Government, we declare that all writs, actions, prosecution, Judgments, claims and contracts of individuals and bodies corporate, shall continue as
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if no change had taken place, and all process which may be issued under the authority of the Territory of Arkansas previous to the admission of Arkansas into the Union of the United States, shall be as valid as if issued in the name of the State. S ECT. 2. All laws now in force in the Territory of Arkansas, which are not repugnant to this Constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the General Assembly. S ECT. 3. All fines, penalties and escheats, accruing to the Territory of Arkansas, shall accrue to the use of the State. S ECT. 4. All recognizances heretofore taken or which may be taken before the change of Territorial to a permanent State Government, shall remain valid, and shall pass over to, and may be prosecuted in the name of the State; And all bonds executed to the Governor of the Territory, or to any other officer or Court in his or their official capacity, shall pass over to the Governor or other State authority and their successors in office, for the uses therein respectively expressed, and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which may have arisen or which may arise before the change from a Territorial to a State Government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All actions at law which now are or may be pending in any of the Courts of Record in the Territory of Arkansas may be commenced in or transferred, to any Court of Record of the State which shall have jurisdiction of the subject matter thereof: And all suits in equity may in like manner be commenced in or transfered to the Court having chancery jurisdiction.
C ONSTITUTION OF A RKANSAS (1836) S ECT. 5. All officers civil and military now holding commissions under authority of the United States or of the Territory of Arkansas shall continue to hold and exercise their respective offices until they shall be superceded under the authority of the State. S ECT. 6. The first session of the General Assembly of the State of Arkansas shall he held at the City of Little Rock which shall be and remain the seat of Government until otherwise provided for by law. S ECT. 7. Elections shall be held at the several precincts on the first Monday of August next for a Governor; also one Representative to the Congress of the United States, also for Senators and Representatives to the next General Assembly, Clerks of the Circuit and County Courts, Sheriffs, Coroners, County Surveyors, and Treasurers, Justices of the Peace and Constables. S ECT. 8. The next General Assembly shall be holden on the Second Monday of September next. S ECT. 9. The election shall be conducted according to the existing laws of the Territory of Arkansas; and the return of all Township Elections held in pursuance thereof shall be made to the Clerks of the proper counties, within five days after the
day of Election. The Clerks of the Circuit Courts of the several counties shall immediatly thereafter certify the returns of the Election of Governor and transmit the same to the Speaker of the House of Representatives at the seat of Government in such time that they may be received on the second Monday of September next. As soon as the General Assembly shall be organised the speaker of the House of Representatives and the President of the Senate shall, in the presence of both Houses, examine the returns, and declare who is duly elected to fill that office; And if any two or more persons shall have an equal number of votes and a higher number than any other person the General Assembly shall determine the Election by a joint vote of both Houses. And the returns of elections24 for Member to Congress shall be made to the Secretary of State within thirty days after the day of Election. S ECT. 10. The Oaths of Office may be administered by any Judge or Justice of the Peace, until the General Assembly shall otherwise direct. Done in Convention at Little Rock in the State of Arkansas, the thirtieth day of January, in the year of our Lord, 1836, and in the sixtieth year of the Independence of the United States of America.
JOHN WILSON, President of the Convention and Representative from the County of Clark. John Adams Wm. McK. Ball Ja’s Woodson Bates Mark Bean Henry Lawson Biscoe James Boone R. C. S. Brown John D. Calvert John Clark Lorenzo N. Clarke J. S. Conway
William Cummins Anthony H. Davies Townsend Dickinson John Drennen Thos. S. Drew Wright W. Elliott Terence Farrelly George W. Ferebee Absalom Fowler George Halbrook Elijah Kelly 137
A RKANSAS John F. King Thos. J. Lacy John L. Lafferty Bushrod W. Lee David W. Lowe Caleb S. Manly G. Marshall G. L. Martin And. J. May Robert M’Camy Jas. W. M’Kean John M’Lain Nimrod Menefee Thomas Murray, jr.
John Ringgold Sam. C. Roane John Robinson Grandison P. Royston Charles R. Saunders Andrew Scott Henry Slavens Robert Smith Wm. Strong James H. Walker David Walker Josiah N. Wilson Abraham Whinery25 Travis G. Wright
CHAS. P. BERTRAND, Secretary to the Convention.
1
Verified by Constitution of the State of Arkansas, Done by the People of Arkansas, in Convention Assembled, at Little Rock, in the Territory of Arkansas, Published by Authority, City of Little Rock: Pike Printer, 1836, 22 p., and corrected according to the engrossed manuscript preserved in the Arkansas State Archives, Little Rock, AR. Also checked against the Journal of the Proceedings of the Convention Met to Form a Constitution and System of State Government for the People of Arkansas – At the Session of the Said Convention Held at Little Rock, in the Territory of Arkansas, which Commenced on the Fourth Day of January, and Ended on the Thirteenth Day of January, One Thousand Eight Hundred and Thirty-Six, Published by Authority, Little Rock, Ark.: Printed by Albert Pike, 1836, 11–52. Spelling, capitalization, and punctuation follow the engrossed manuscript. The constitution was not submitted to the people and went into effect with the acts of June 15 and 23, 1836 for the admission of the State of Arkansas as twenty-fifth state to the Union. It was amended five times, amounting to twelve different amendments (q. v., cf. Jesse Turner, “The Constitution of 1836”, in: Publications of the Arkansas Historical Association, 3 [1911], 145–146, 156–157), while five additionally proposed amendments failed (q. v.), before it was replaced in 1861 by a new constitution. 2 In Constitution of the State of Arkansas, 4, “That the”. 3 Ibid., 4, “any”. 4 Already in the Committee draft in Journal of the
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Proceedings of the Convention, 27, “Attorney for the State”, whereas in manuscript “Attorney for the United States”. 5 In Constitution of the State of Arkansas, 7, “office”. 6 Ibid., “the”. 7 Ibid., 8, “Legislature”. 8 Ibid., 13, “case”. 9 Ibid., “of the end” missing. 10 Ibid., word missing. 11 Ibid., 14, “derive”. 12 Ibid., “SECTION”. 13 Ibid., “as may be by law”. 14 Already in the Committee draft in Journal of the Proceedings of the Convention, 12, “Courts”, whereas in manuscript “Court”. 15 In Constitution of the State of Arkansas, 15, “Courts”. 16 Ibid., word missing. 17 Ibid., “of the Court of Probate”. 18 Ibid., 16, “regard to matter”. 19 Already in the Committee draft in Journal of the Proceedings of the Convention, 13, “teste”, whereas in manuscript “test”. 20 In Constitution of the State of Arkansas, 16, “townships”. 21 Ibid., 17, “S ECT . 1.” missing. 22 Ibid., 18, “for”. 23 Ibid., 19, “interests”. 24 Ibid., 20, “the election”. 25 Ibid., “Whinnery”.
Amendment of 1846 [Amendment to the Constitution of Arkansas]1
1st. No bank or banking institution shall be hereafter incorporated or established in this State. 2d. The General Assembly shall have power to compel the judges of the Circuit Courts to interchange circuits, either temporarily or permanently, under such regulations as may be provided by law. 3rd. The General Assembly shall have power to confer such jurisdiction as it may from time [to time] deem proper on justices of the peace in all matters of contract, covenants, and in actions for the recovery of fines and forfeitures, when the amount claimed does not exceed one hundred dollars, and in actions and prosecutions for assault and battery, and other penal offences less than felony, which may be punished by fine only.
4th. Judges of the Supreme and Circuit Courts, clerks of the Supreme and Circuit Courts, attorneys for the State, sheriffs, coroners, county treasurers, justices of the peace, constables, and all other officers whose term is fixed by the constitution to a specific number of years, shall hold their respective offices for the term now specified, and until their successors are elected and qualified. 1 Verified by Acts and Resolutions passed, and Amendments to the Constitution adopted at the Sixth Session of the General Assembly of the State of Arkansas, Little Rock: Printed by B. J. Borden, Printer to the State, 1846, 198. Spelling, capitalization, and punctuation as in session law volume with obvious typographical errors tacitly corrected. The amendment was proposed by the preceding General Assembly on January 9, 1845, and was ratified as constitutionally required by the subsequent General Assembly on November 17, 1846.
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Amendment of 1848 [Amendment to the Constitution of Arkansas]1
S ECT. 1. That the qualified voters of each judicial circuit in the State of Arkansas shall elect their circuit judge. S ECT. 2. That the qualified voters of each judicial circuit shall elect their prosecuting attorney for the State. S ECT. 3. That the qualified voters of each county shall elect a county and probate judge. S ECT. 4. That no member of the General Assembly shall be elected to any office within the gift of the General Assembly dur-
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ing the term for which he shall have been elected. S ECT. 5. That the General Assembly of the State of Arkansas shall not be restricted, as to the number of counties that shall compose a judicial circuit in this State. 1
Verified by Acts passed at the Seventh Session of the General Assembly of the State of Arkansas, Little Rock: Printed at the Gazette Office, 1849, 9–10. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the preceding General Assembly in 1846, and was ratified by the subsequent General Assembly as constitutionally required on November 24, 1848.
Failed Amendment of 1848 [Amendment to the Constitution of Arkansas]1
1st The last clause of article four, prescribing the mode of amending the Constitution, is hereby repealed, and the following be adopted, viz: Whenever two thirds of the General Assembly shall think it necessary to amend or change the Constitution of the State of Arkansas, they shall recommend to the electors at the next election for members to the General Assembly to vote for, or against a Convention, and if it shall appear that a majority of all the citizens of the State, voting for representatives, have voted for a convention, the General Assembly shall, at their next session, call a convention, to consist of as many members as may be at the
time in the house of representatives, to be chosen in the same manner, at the same place, and by the same electors, that chose the General Assembly, who shall meet in four months after the election, for the purpose of revising and amending or changing the Constitution. 1
Verified by Acts passed at the Seventh Session of the General Assembly of the State of Arkansas, Little Rock: Printed at the Gazette Office, 1849, 201–202. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the General Assembly on December 21, 1848, but failed to be ratified by the subsequent General Assembly as constitutionally required.
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Amendment of 1850 [Amendment to the Constitution of Arkansas]1
That the words “except Washington county, which may be reduced to six hundred square miles” included in brackets in the 29th article2 , be stricken out of said Constitution. 1
Verified by Acts passed at the Eighth Session of the General Assembly of the State of Arkansas, Lit-
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tle Rock: Lambert A. Whiteley, State Printer, 1851, xiii. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the preceding General Assembly in 1848 and ratified as constitutionally required on December 2, 1850. 2 The Constitution of 1836 does not contain an art. XXIX. The amendment obviously refers to art. IV, sect. 29.
First Failed Amendment of 1851 [Amendment to the Constitution of Arkansas]1
That the 29th section of the 4th Article of the Constitution be amended so as to allow the counties of Green, Poinsett, and Desha to be reduced to eight hundred square miles, and that a new county may be formed out of the counties of Green and Poinsett of like dimensions.
1
Verified by Acts passed at the Eighth Session of the General Assembly of the State of Arkansas, Little Rock: Lambert A. Whiteley, State Printer, 1851, xv. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the General Assembly on January 9, 1851, but was not ratified by the subsequent General Assembly as constitutionally required.
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Second Failed Amendment of 1851 [Amendment to the Constitution of Arkansas]1
That the 29th section of the 4th Article of the Constitution of the State of Arkansas be so amended that Lafayette county may be reduced to 800 square miles, and that a new county may be formed out of said county of like dimensions.
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1
Verified by Acts passed at the Eighth Session of the General Assembly of the State of Arkansas, Little Rock: Lambert A. Whiteley, State Printer, 1851, xv. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the General Assembly on January 11, 1851, but was not ratified by the subsequent General Assembly as constitutionally required.
First Amendment of 1859 [Amendment to the Constitution of Arkansas]1
That section twenty-nine of article four of the constitution of this state, be so amended, that no county now established by law, shall be deemed or considered unconstitutional on account of its containing a less number of square miles than nine hundred. 1
Verified by Acts passed at the Twelfth Session of the General Assembly of the State of Arkansas, By Authority, Little Rock: Johnson & Yerkes, Public Printers,
1859, 315. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the preceding General Assembly on January 7, 1857, and ratified as constitutionally required on February 12, 1859. The amendment does not appear in Uriah M. Rose, ed., The Constitution of the State of Arkansas, Framed and Adopted by the Convention Which Assembled at Little Rock, July 14, 1874, and Ratified by the People of the State at the Election Held October 13th, 1874, With an Appendix, Containing the Constitution of the United States, and the Constitutions of Arkansas of 1836, 1861, 1864 and 1868, Little Rock, Ark.: Press Printing Company, 1891, 205.
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Second Amendment of 1859 [Amendment to the Constitution of Arkansas]1
The twenty-second section of the fourth article of the constitution, is hereby stricken out and repealed, and instead thereof, the following shall be inserted as an amendment to and part of the constitution: The State of Arkansas shall not be sued in any of its courts. 1
Verified by Acts passed at the Twelfth Session of the General Assembly of the State of Arkansas, By Authority, Little Rock: Johnson & Yerkes, Public Printers,
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1859, 315. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the preceding General Assembly on January 15, 1857, and ratified as constitutionally required on February 12, 1859. The amendment does not appear in Uriah M. Rose, ed., The Constitution of the State of Arkansas, Framed and Adopted by the Convention Which Assembled at Little Rock, July 14, 1874, and Ratified by the People of the State at the Election Held October 13th, 1874, With an Appendix, Containing the Constitution of the United States, and the Constitutions of Arkansas of 1836, 1861, 1864 and 1868, Little Rock, Ark.: Press Printing Company, 1891, 205.
Failed Amendments of 1859 [Amendments to the Constitution of Arkansas]1
That the following amendments be proposed to the constitution of this state, to-wit: 1st. That the qualified voters of this state shall elect a secretary of state, who shall hold his office for two years, and until his successor is elected and qualified. 2d. That the qualified voters of this state shall elect an auditor for the state. 3d. That the qualified voters of this state shall elect a treasurer for the state. 4th. That the last clause of section 13, article 6, title “judicial department,” be repealed, and the following substituted in its place, to-wit:
There shall be elected by the qualified voters of this state, an attorney general for the state, who shall hold his office for the term of two years, and until his successor in office is duly elected and qualified: he shall be the chief law officer of the state, shall have his office at the seat of government, and shall perform such duties as may be required of him by law. 1
Verified by Acts passed at the Twelfth Session of the General Assembly of the State of Arkansas, By Authority, Little Rock: Johnson & Yerkes, Public Printers, 1859, 314. Spelling, capitalization, and punctuation as in session law volume. The amendments were approved by the General Assembly on February 21, 1859, but were not ratified by the subsequent General Assembly as constitutionally required.
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Failed Amendment of 1861 [Amendment to the Constitution of Arkansas]1
That section twenty-nine of article four of the constitution of this state, be so amended that a new county may be formed out of a portion of the territory of the counties of St. Francis and Jackson, and further, that said new county shall not contain less than six hundred square miles, and a population sufficient to entitle it to a representative in the lower house of the legislature; And provided further, That the said counties of St. Francis and Jackson in the establishment of said new county, shall not be reduced below six
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hundred square miles, and a population sufficient to entitle them to a member each in the lower branch of the legislature.
1
Verified by Acts passed at the Thirteenth Session of the General Assembly of the State of Arkansas, Little Rock: Johnson & Yerkes, State Printers, 1861, 453. Spelling, capitalization, and punctuation as in session law volume. The amendment was proposed by the General Assembly on January 19, 1861, four days after a vote had been taken for a convention, which assembled on March 4 and adopted a new constitution on June 1, 1861.
Constitution of California (1849)
Constitución de California (1849)
Constitution of the State of California1
Constitucion del Estado de California1
We the People of California, grateful to Almighty God for our freedom; in order to secure its blessings, do establish this Constitution.
Nosotros el Pueblo de California, gratos al Todopoderoso por el goce de nuestra libertad, y á fin de asegurar sus beneficios, establecemos esta Constitucion.
ARTICLE I
ARTICULO I
Declaration of Rights
Declaracion de Derechos
S ECT. 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property: and pursuing and obtaining safety and happiness.
S EC . 1. Todos los hombres son por naturaleza libres é independientes y tienen ciertos derechos inajenables, entre los cuales son los de gozar y defender la vida y la libertad; de adquirir, poseer y protejer sus propiedades y de procurar y obtener su seguridad y felicidad.
S ECT. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same, whenever the public good may require it.
S EC . 2. Todo poder político es inherente en el pueblo. El gobierno se instituye para la proteccion, seguridad y beneficio del pueblo; y este tiene el derecho de cambiarlo ó reformalo, siempre que el bien público lo requiera.
S ECT. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the manner to be prescribed by law.
S EC . 3. El derecho de juicio por medio de jurado será asegurado á todos, y quedará inviolable para siempre; mas el juicio por jurado podrá recusarse por las partes en todas las causas civiles de la manera que prescriba la ley.
S ECT. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state: and no person shall be rendered incompetent to be a
S EC . 4. El libre ejercicio y goce de la profesion y culto religiosos, sin distincion2 ni preferencia, se concederán para siempre en este estado; y á nadie se le tendrá por incompetente para servir de testigo, en con-
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C ALIFORNIA witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured, shall not be so construed, as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
secuencia de sus opiniones sobre materias de creencia religiosa: mas la libertad de conciencia que aqui se asegura, no se ha de interpretar de tal modo que sirva de escusa para cometer actos licenciosos ó para justificar aquellos que sean incompatibles con la paz ó la seguridad de este estado.
S ECT. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.
S EC . 5. No se suspenderá el precepto3 de habeas corpus sino cuando la seguridad pública así lo requiera en casos de rebelion ó invasion.
S ECT. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishments be inflicted, nor shall witnesses be unreasonably detained.
S EC . 6. No se exijiran fianzas exesivas, ni se impondrán multas exhorbetantes, ni tampoco se aplicarán castigos crueles ó inusitados, ni serán detenidos los testigos mas del tiempo razonable.
S ECT. 7. All persons shall be bailable, by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great.
S EC . 7. Se admitirá fianza á toda persona que presente fiadores abonados, escepto por ofensas capitales, cuando la prueba sea evidente ó la presuncion grande.
S ECT. 8. No person shall be held to answer for a capital or otherwise infamous crime, (except in cases of impeachment, and in cases of militia when in actual service, and the land and naval forces in time of war, or which this state may keep with the consent of Congress in time of peace, and in cases of petit larceny under the regulation of the Legislature) unless on presentment or indictment of a grand jury: and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel as in civil actions.
S EC . 8. Nadie será compelido á responder por ningun crimen capital ó de otra manera infame (escepto en caso4 de acusacion de empleados públicos {impeachment} y en los de la milicia cuando se halle en actual servicio, y de las fuerzas de mar y tierra en tiempo de guerra ó las que pueda el estado mantener con consentimiento del congreso en tiempo de paz, y en los casos de rateria {petty larceny} sujeto al arreglo de la Legislatura,) sin previa presentacion ó acusacion ante un gran jurado; y en cualquiera juicio ante cualquiera tribunal, se le permitirá á la parte acusada comparecer á5 defenderse en persona y con abogado, como en las acciones civiles.
No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Ningun individuo será perseguido, dos veces por una misma ofensa; ni se obligará6 á servir de testigo contra si mismo en ningun caso criminal, ni se le privará de la vida, libertad ó propiedad sin el correspondiente proceso de ley7 , y las propiedades particulares no se tomarán para el uso público, sin
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C ONSTITUTION OF C ALIFORNIA (1849) una compensacion justa. S ECT. 9. Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions on indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
S EC . 9. Todo ciudadano tendrá la libertad de decir, escribir y publicar sus sentimientos sobre cualesquiera asuntos, siendo responsable del abuso de este derecho, y no se hará ninguna ley para restringuir ó coartar la libertad del habla ó de la prensa. En todos los procesos ó acusaciones criminales sobre libelo, la verdad podrá presentarse en testimonio al jurado, y si á este le pareciese que la cosa sobre que recae la acusacion es verdadera, y que se publicó con buenos motivos y fines justificables, la parte será absuelta y el jurado tendrá el derecho de decidir sobre la ley y sobre el hecho.
S ECT. 10. The people shall have the right freely to assemble together to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
S EC . 10. El pueblo tendrá derecho de reunirse libremente para consultar el bien público, para dar instrucciones á sus representantes y para solicitar de la Legislatura el remedio de sus agravios.
S ECT. 11. All laws of a general nature shall have a uniform operation.
S EC . 11. Todas las leyes de una naturaleza general, tendrán un efecto uniforme.
S ECT. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this state in time of peace; and in time of war no appropriation for a standing army shall be for a longer time than two years.
S EC . 12. El poder militar estará subordinado al civil. El Estado no mantendrá ningun ejército permanente en tiempo de paz; y en tiempo de guerra no se hará ninguna apropiacion para un ejercito permanente por mas de dos años.
S ECT. 13. No soldier shall in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, except in the manner to be prescribed by law.
S EC . 13. Ningun soldado será acuartelado en ninguna casa en tiempo de paz, sin el consentimiento del dueño; ni en tiempo de guerra sinó de la manera que prescriba la ley.
S ECT. 14. Representation shall be apportioned according to population.
S EC . 14. La representacion debe proratearse segun la poblacion.
S ECT. 15. No person shall be imprisoned for debt, in any civil action on mesne or final process, unless in cases of fraud: and no person shall be imprisoned for a militia fine in time of peace.
S EC . 15. Nadie será encarcelado por deuda en ninguna accion civil, por precepto interlocutorio ó final, escepto en casos de fraude; ni tampoco por multas de milicia en tiempo de paz.
S ECT. 16. No bill of attainder, ex post facto law, or law impairing the obligation of
S EC . 16. No se hará jamas ninguna ley que impida que alguno herede (bill of attain-
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C ALIFORNIA contracts shall ever be passed.
der), ni que tenga fuerza retroactiva ni que disminuya el valor de los contratos.
S ECT. 17. Foreigners who are, or who may hereafter become bona fide residents of this state, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property as native born citizens.
S EC . 17. Los estranjeros actualmente avecindados ó que en adelante se avecindaren de buena fé en este estado, gozarán de los mismos derechos y privilejios con respecto á la posesion, goce y herencia de bienes que los ciudadanos nativos.
S ECT. 18. Neither slavery, nor involuntary servitude, unless for the punishment of crimes, shall ever be tolerated in this state.
S EC . 18. No se tolerará en esta estado la esclavitud, ni tampoco la servidumbre involuntaria á no ser en castigo de crímenes.
S ECT. 19. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation particularly describing the place to be searched, and the persons and things to be seized.
S EC . 19. No se violará el derecho del pueblo en cuanto á la seguridad de sus personas, casas, papeles y efectos contra embargos y cateos injustos; y no se espedirá ningun decreto de prision sinó por causa probable, apoyada con juramento ó afirmacion, designando con presecion el lugar que se ha de catear y las personas y cosas que se han de embargar.
S ECT. 20. Treason against the state shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason, unless on the evidence of two witnesses to the same overt act, or confession in open court.
S EC . 20. Solo se considerará como traicion contra el Estado, el suscitar guerra contra él, adherirses8 á sus enemigos ó darles ausilio y ayuda. Nadie podrá ser convicto de traicion, sinó por el testimonio de dos testigos sobre un mismo hecho patente ó por confesion en tribunal ábierto.
S ECT. 21. This enumeration of rights shall not be construed to impair or deny others, retained by the people.
S EC . 21. Esta enumeracion de derechos no se ha de enterpretar de modo que queden minorados, ó negados otros derechos retenidos por el pueblo.
ARTICLE II
ARTICULO II
Right of Suffrage
Derecho de Sufragio
S ECT. 1. Every white male citizen of the United States, and every white male citizen of Mexico who shall have elected to become a citizen of the United States under the treaty of peace exchanged and ratified at Queretaro, on the 30th day of May, 1848,2 of the age of twenty one years, who shall
S EC . 1. Todo ciudadano blanco de los Estados Unidos, y todo ciudadano blanco de Méjico que haya elejido hacerse ciudadano de los Estados Unidos, bajo el tratado de paz cambiado y ratificado en Querétaro el dia 30 de Mayo de 1848, de la edad de veinte y un años, y que haya residido en el
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C ONSTITUCIÓN DE C ALIFORNIA (1849) have been a resident of the state six months next preceding the election, and the county or district in which he claims his vote thirty days, shall be entitled to vote at all elections which are now or hereafter maybe authorized by law: Provided, that nothing herein contained shall be construed to prevent the Legislature, by a two thirds concurrent vote, from admitting to the right of suffrage Indians or the descendants of Indians, in such special cases as such a proportion of the Legislative body may deem just and proper.
estado seis meses inmediatamente anteriores á la eleccion, y en el condado ó distrito en donde reclama su voto, treinta dias, tendrá derecho de votar en todas las elecciones autorizadas ó que en adelante puedan autorizarse por la ley, atendido, que nada de lo contenido en esta seccion podrá impedir á la Lejislaturá el admitir al derecho de sufragio á los indios ó descendientes de los indios, en aquellos casos especiales que dicha legislatura juzgue propio y justo, mediante la concurrencia de los votos de dos terceras partes de la referida corporacion.
S ECT. 2. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest on the days of the election, during their attendance at such election, going to and returning therefrom.
S EC . 2. Los electores en todos los casos que no sean de traicion, felonia ó violacion de la tranquilídad pública estarán libres de arresto en los dias de eleccion, durante su asistencia á ella y á la ida y vuelta.
S ECT. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.
S EC . 3. Ningun elector tendrá obligacion de hacer servicios de milicia en los dias de eleccion, escepto en tiempo de guerra ó peligro público.
S ECT. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this state, or of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse, or other asylum at public expense; nor while confined in any public prison.
S EC . 4. En cuanto al derecho de votar, nadie ganará residencia por su presencia ni la perderá por su ausencia, miéntras esté empleado en el servicio de los Estados Unidos, ú ocupado en la navegacion de las aguas de este estado ó de los9 Estados Unidos ó en alta mar;10 ni mientras esté mantenido en algun hospicio ú otro asilo á espensas públicas, ni mientras esté detenido en alguna carcel pública.
S ECT. 5. No idiot or insane person, or person convicted of any infamous crime, shall be entitled to the privileges of an elector.
S EC . 5. Ningun idiota ó demente, y ningun individuo convicto de algun crímen infame tendrá derecho de votar.
S ECT. 6. All elections by the people shall be by ballot.
S EC . 6. Toda eleccion popular se hará por medio de boletas.
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ARTICLE III
ARTICULO III
Distribution of Powers
Distribucion de Poderes
The powers of the Government of the state of California shall be divided into three separate departments: the Legislative, the Executive, and Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Los poderes del gobierno del estado de California se dividirán en tres distintos departamentos; en lejislativo ejecutivo y judicial; y ningun individuo que se halle encargado del ejercicio de los poderes que pertenecen propiamente á uno de estos departamentos, deberá ejercer funcion alguna perteneciente á ninguno de los otros dos, escepto en los casos que mas adelante se ordena ó permita espresamente.
ARTICLE IV
ARTICULO IV
Legislative Department
Departamento Legislativo
S ECT. 1. The Legislative power of this state shall be vested in a senate and assembly, which shall be designated the Legislature of the State of California; and the enacting clause of every law shall be as follows: “The people of the state of California, represented in Senate and Assembly, do enact as follows.”
S EC . 1. El poder legislativo de este estado se depositará en un senado y en una asamblea que formarán la Legislatura del Estado de California, y la formula de encabezamiento de toda ley será como sigue; “El Pueblo del Estado de California representado en su Senado y Asamblea, decreta lo siguiente.”
S ECT. 2. The sessions of the legislature shall be annual, and shall commence on the first Monday of January next ensuing the election of its members; unless the Governor of the State shall in the interim, convene the legislature by proclamation.
S EC . 2. La sesion de la legislatura será anual y comenzará el primer lúnes de Enero despues de la eleccion de sus miembros, á menos que el gobernador del estado convoque la legislatura en el interin por medio de proclama.
S ECT. 3. The members of the assembly shall be chosen annually by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise ordered by the legislature; and their term of office shall be one year.
S EC . 3. Los miembros de la asamblea serán elegidos anualmente por los electores habilitados de sus respectivos distritos, el martes despues del primer lúnes del mes de Noviembre, á menos que la legislatura disponga otro cosa, y duraran en sus empleos un año.
S ECT. 4. Senators and members of assembly shall be duly qualified electors in the respective counties and districts which they represent.
S EC . 4. Los senadores y vocales11 de la asamblea serán electores debidamente habilitados en los respectivos condados y distritos que representen.
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C ONSTITUTION OF C ALIFORNIA (1849) S ECT. 5. Senators shall be chosen for the term of two years, at the same time and places as members of assembly; and no person shall be a member of the Senate or assembly, who has not been a citizen and inhabitant of the State one year, and of the county or district of which he shall be chosen, six months next before his election.
S EC . 5. Los senadores seran elegidos para el término de dos años, en el mismo tiempo y lugar que los vocales de la asamblea; y nadie podra ser miembro del Senado ó de la asamblea que no haya sido ciudadano y vecino del estado un año, y del condado ó distrito donde haya sido elegido los seis meses anteriores á su eleccion.
S ECT. 6. The number of senators shall not be less than one third, nor more than one half, of that of the members of Assembly; and at the first session of the legislature after this constitution takes effect, the senators shall be divided by lot as equally as may be, into two classes; the seats of the Senators of the first class shall be vacated at the expiration of the first year, so that one half shall be chosen annually.
S EC . 6. El número de Senadores no bajara de la tercera parte, ni escederá de la mitad de los vocales de la Asamblea; y en la primera sesion de le legislatura, despues que esta constitucion tenga efecto, los senadores se dividiran con la igualdad posible por medio de sorteo en dos clases; los asientos de los de la primera clase vacaran al fin del primer año, de modo que la mitad de su numero debera elegirse anualmente.
S ECT. 7. When the number of senators is increased, they shall be apportioned by lot, so as to keep the two classes as nearly equal in number as possible.
S EC . 7. Cuando el numero de Senadores se aumente, serán divididos por medio de sorteo, de modo que las dos clases queden tan iguales en su número como sea posible.
S ECT. 8. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members.
S EC . 8. Cada cámara nombrará sus propios empleados y calificara la idoneidad, eleccion y credenciales de sus propios vocales.
S ECT. 9. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
S EC . 9. La mayoria de cada cámara constituirá el numero competente para funcionar; mas un número menor podra suspender las sesiones de dia en dia, y compeler la asistencia de miembros ausentes, de la manera y bajo las penas que la cámara respectiva disponga.
S ECT. 10. Each house shall determine the rules of its own proceedings, and may with the concurrence of two thirds of all the members elected, expel a member.
S EC . 10. Cada cámara establecerá las reglas para sus propios procedemientos, y mediante la concurrencia de dos terceras partes de todos los miembros electos podrá espeler á uno de ellos.
S ECT. 11. Each house shall keep a journal of its own proceedings, and publish the same; and the yeas and nays of the members of either house, on any question, shall at the desire of any three members present,
S EC . 11. Cada cámara llevará un diario de sus procedemientos y lo publicará; y la votacion nominal de los vocales de cualesquiera12 de las dos cámaras, sobre cualquiera cuestion, se asentara en el diario á peti-
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cion de cualesquiera tres de sus miembros.
S ECT. 12. Members of the legislature shall, in all cases except treason, felony and breach of the peace be privileged from arrest, and they shall not be subject to any civil process, during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.
S EC . 12. Los vocales de la legislatura en todo caso escepto por traicion, felonía y violacion de la tranquilidad pública serán libres de arresto, y no estarán sujetos á ningun proceso civil durante la sesion de la legislatura, ni durante los quince dias inmediatamiente antes ó despues de cada sesion.
S ECT. 13. When vacancies occur in either house, the Governor or the person exercising the functions of the Governor, shall issue writs of election to fill such vacancies.
S EC . 13. Siempre que ocurran vacantes en cualesquiera de las cámaras, el gobernador ó el que haga sus veces espedirá decretos de eleccion para llenarlas.
S ECT. 14. The doors of each house shall be open, except on such occasions as in the opinion of the house, may require secrecy.
S EC . 14. Las sesiones de cada cámara serán públicas, á ménos que cuando á juicio de la corporacion13 deban ser secretas.
S ECT. 15. Neither house shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting.
S EC . 15. Ninguna de las cámaras podra sin el consentimiento de la otra suspender sus sesiones por mas de tres dias ni cambiarlas á otra parte distinta14 .
S ECT. 16. Any bill may originate in either house of the legislature, and all bills passed by one house may be amended in the other.
S EC . 16. Todo proyecto de ley (bill) podra iniciarse en cualesquiera de las cámaras de la legislatura, y todo proyecto que emane de una de ellas podra ser enmendado en la otra.
S ECT. 17. Every bill which may have passed the legislature, shall before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, which shall enter the same upon the journal and proceed to reconsider it. If after such reconsideration, it again pass both houses by yeas and nays, by a majority of two thirds of the members of each house present, it shall become a law, notwithstanding the Governor’s objections. If any bill shall not be returned within ten days after it shall have been presented to him, (Sunday excepted) the same shall be a law, in like manner as if he had signed it, unless the legislature by adjournment, prevent such return.
S EC . 17. Todo proyecto de ley adoptado por la legislatura se someterá al gobernador antes que pase á lei. Si este lo aprueba lo firmará, y si no, lo devolverá á la cámara en donde se inició con sus objeciones, está las asentará en el diario y procederá á reconsiderarlo; si despues de esta reconsideracion vuelve á adoptarse en ambas cámaras por votacion nominal de dos terceras partes de los vocales presentes en cada una de ellas, se reconocerá por lei á pesar de las objeciones del gobernador. Y todo proyecto de lei que no se devuelva dentro de diez dias (no contando el domingo) despues de haberse presentado al gobernador se reconocerá por lei, lo mismo que si lo hubiese firmado, á no ser que la legislatura con suspender sus sesiones impida su devolucion.
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C ONSTITUCIÓN DE C ALIFORNIA (1849) S ECT. 18. The assembly shall have the sole power of impeachment; and all impeachments shall be tried by the Senate. When sitting for that purpose, the senators shall be upon oath or affirmation, and no person shall be convicted, without the concurrence of two thirds of the members present.
S EC . 18. La asamblea solo tendrá poder de hacer acusaciones contra los empleados publicos (impeachments) y todas estas acusaciones se juzgarán por el senado. Los senadores, al entablar el juicio, prestarán juramento ó afirmacion y nadie sera condenado sin la concurrencia de dos terceras partes de los vocales presentes.
S ECT. 19. The Governor, Lieutenant Governor, Secretary of State, Comptroller, Treasurer, Attorney General, Surveyor General, Justices of the Supreme Court, and Judges of the District Courts shall be liable to impeachment for any misdemeanor in office; but judgment in such cases, shall extend only removal from office and disqualification to hold any office of honor, trust, or profit, under the state; but the party convicted, or acquitted shall nevertheless be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanors in office, in such manner as the legislature may provide.
S EC . 19. El gobernador15 podrá ser acusado por cualquiera mal proceder en su empleo; mas el juicio en estos casos no pasara de deponerle de su empleo é incapacitarle para obtener otro cualquiera de honor confianza ó lucro en este estado; no obstante la parte sea convicta ó absuelta quedara sujeta á acusacion por medio de un gran jurado (indictment), proceso y castigo conforme á la lei. Todos los demas empleados civiles serán juzgados por mal proceder en sus empleos, de la manera que la legislatura disponga.
S ECT. 20. No senator, or member of assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this state, which shall have been created, or the emoluments of which shall have been increased during such term, except such offices3 as may be filled by elections by the people.
S EC . 20. Ningun Senador ó vocal de la asamblea podra, durante el término por el cual haya sido elegido, ser nombrado para ningun empleo civil lucrativo en este estado, que haya sido creado durante dicho término, ó cuyos emolumentos hayan sido aumentados en el mismo periodo, á no ser que sea para algun empleo de eleccion popular.
S ECT. 21. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this state: Provided that officers in the militia to which there is attached no annual salary, or local officers and postmasters whose compensation does not exceed five hundred dollars per annum, shall not be deemed lucrative.
S EC . 21. Ningun individuo que ocupe cualquiera empleo lucrativo bajo los Estados Unidos ó bajo cualquiera otra potencia, sera elegible para ningun empleo civil lucrativo en este estado; en la inteligencia de que los empleos de los oficiales de milicia que no tengan salario anual, los16 de los empleados locales y administradores de correos, cuya compensacion no esceda de quinientos pesos anuales, no se reputaran como lucrativos.
S ECT. 22. No person, who shall be convicted of the embezzlement, or defalcation
S EC . 22. Jamas será elegible para ningun empleo de honor, confianza ó lucro en es-
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te estado, ningun individuo convicto de la apropiacion ó desfalcacion de los fondos públicos del mismo; y la legislatura decretara cuanto antes una lei que disponga el castigo de dicha apropiacion ó desfalcacion como felonía.
S ECT. 23. No money shall be drawn from the treasury but in consequence of appropriations made by law. An accurate statement of the receipts and expenditures of the public moneys, shall be attached to, and published with, the laws at every regular session of the legislature.
S EC . 23. No se estraera de la tesorería ninguna cantidad de dinero sino á consecuencia de apropiaciones hechas por la lei; y una noticia exacta de los ingresos y egresos17 de los fondos públicos acompañara y se publicará con las leyes en cada sesion regular de la legislatura.
S ECT. 24. The members of the legislature shall receive for their services, a compensation to be fixed by law and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either house shall have been elected.
S EC . 24. Los vocales de la legislatura recibirán por sus servicios una compensacion que sera fijada por la lei y que se pagará de la tesorería pública; mas ningun aumento á esta compensacion tendrá efecto durante el término por el cual hayan sido elegidos los miembros de cualesquiera de las dos cámaras.
S ECT. 25. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title; and no law shall be revised, or amended by reference to its title; but in such case the act revised, or section amended shall be reenacted and published at length.
S EC . 25. Toda ley decretada por la legislatura abrazará un solo objeto que se espresará en el título; y ninguna ley será revisada ó enmendada con referencia á su título; mas en estos casos el Acta revisada ó la Seccion enmendada se volverá á decretar y se publicará por estenso.
S ECT. 26. No divorce shall be granted by the legislature.
S EC . 26. La legislatura no concederá ningun divorcio.
S ECT. 27. No lottery shall be authorized by this state, nor shall the sale of lottery tickets be allowed.
S EC . 27. El estado no autorizará ninguna lotería, y no se permitirá la venta de billetes de lotería.
S ECT. 28. The enumeration of the inhabitants of this state shall be taken under the direction of the legislature, in the year one thousand eight hundred and fifty two and one thousand eight hundred and fifty five, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States, in the year one thousand eight hundred and fifty
S EC . 28. La enumeracion de los habitantes de este estado se hará bajo las instrucciones de la legislatura en los años de mil ochocientos cincuenta y dos y mil ochocientos cincuenta y cinco, y en lo sucesivo al fin de cada diez años; y estas enumeraciones junto con el censo que se tome bajo las instrucciones del Congreso de los Estados Unidos el año de mil ochocientos cincuenta y al fin de cada diez años subsecuentes,
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C ONSTITUTION OF C ALIFORNIA (1849) and every subsequent ten years, shall serve as the basis of representation in both houses of the legislature.
serviran de base para la representacion de ámbas cámaras de la legislatura.
S ECT. 29. The number of senators and members of assembly shall, at the first session of the Legislature holden after the enumerations herein provided for are made, be fixed by the legislature, and apportioned among the several counties and districts to be established by law, according to the number of white inhabitants. The number of members of assembly shall not be less than twenty four, nor more than thirty six, until the number of inhabitants within this state shall amount to one hundred thousand; and after that period, at such ratio that the whole number of members of assembly shall never be less than thirty, nor more than eighty.
S EC . 29. En la primera sesion de la legislatura que se celebra despues que se efectuen las enumeraciones que aquí se designan, dicha legislatura señalará el número de Senadores y vocales de la asamblea que deba haber, los que se proratearán entre los diferentes condados y distritos que se establezcan por lei, segun el numero de sus habitantes blancos; en la inteligencia que el número de los vocales de la asamblea no deberá bajar de veinte y cuatro, ni esceder de treinta y seis, hasta que el numero de los habitantes de este estado llegue á cienmil: y despues que esto suceda, la representacion se arreglará de modo que el número de vocales de la Asamblea nunca baje de treinta ni esceda de ochenta.
S ECT. 30. When a congressional, senatorial, or assembly district shall be composed of two or more counties, it shall not be separated by any county belonging to another district; and no county shall be divided in forming a congressional, senatorial, or assembly district.
S EC . 30. Siempre que algun distrito congresional, senatorio ó de asamblea sea compuesto de dos ó mas condados, no sera separado por ningun condado perteneciente á otro distrito; y ningun condado podrá dividirse á la formacion de algun distrito congresional, senatorio ó de asamblea.
S ECT. 31. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes. All general laws and special acts passed pursuant to this section, may be altered from time to time, or repealed.
S EC . 31. Podran establecerse corporaciones por medio de leyes generales, mas no se fundarán por medio de ninguna acta especial sino para asuntos municipales. Todas las leyes generales y actas especiales decretadas en virtud de esta seccion podrán enmendarse de tiempo en tiempo ó anularse.
S ECT. 32. Dues from corporations, shall be secured by such individual liability of the corporators, and other means, as may be prescribed by law.
S EC . 32. Las deudas de las corporaciones podrán asegurarse por medio de la responsabilidad individual de sus miembros y por los damas medios que prescriba la lei.
S ECT. 33. The term corporations as used in this article, shall be construed to include all associations and joint-stock companies, having any of the powers or privileges of corporations not possessed by individuals
S EC . 33. El termino corporacion como se usa en este artículo, debe entenderse en el sentido de comprender todas las asociaciones y compañías de accionistas que tienen cualesquiera de las facultades ó privilegios
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de corporacion que no disfrutan los individuos ó compañías ordinarias18 . Todas las corporaciones tendrán derecho de entablar demandas, y estarán sujetas á ser procesadas en todos los tribunales y bajo las mismas circunstancias que los individuos particulares.
S ECT. 34. The Legislature shall have no power to pass any act granting any charter for banking purposes; but associations may be formed under general laws for the deposit of gold and silver; but no such association shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank to circulate as money.
S EC . 34. La legislatura no tendrá facultad de conceder ningun privilegio19 para asuntos de banco; pero se podrán formar asociaciones de banco20 bajo leyes generales para el deposito de oro y plata: en la inteligencia que estas asociaciones no deberán hacer, emitir ó poner en circulacion ninguna libranza, cifra, cédula,21 certificado, pagaré ú otro papel, ó el papel de cualquiera otro banco, con el objeto de que se circulen como dinero.
S ECT. 35. The legislature of this state shall prohibit by law, any person or persons, association, company, or corporation from exercising the privileges of banking, or creating paper to circulate as money.
S EC . 35. La legislatura de este estado prohibirá por lei que todo individuo ó individuos, asociacion, compañía ó corporacion ejerzan los privilegios de banco, ó creen papel moneda para que circule como dinero.
S ECT. 36. Each stockholder of a corporation, or joint-stock association, shall be individually and personally liable for his proportion of all its debts and liabilities.
S EC . 36. Todo accionista de corporacion ó de asociacion de accionistas será responsable individual y personalmente por su proporcion de todas sus deudas y compromisos.
S ECT. 37. It shall be the duty of the legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debts by such municipal corporations.
S EC . 37. La legislatura tendra la obligacion de proveer la organizacion de ciudades y aldeas incorporadas, y de restringir sus facultades en cuanto á imponer impuestos y contribuciones, tomar dinero prestado, contraer deudas y prestar su crédito, á fin de evitar los abusos en los impuestos y en la contraccion de deudas por dichas corporaciones municipales.
S ECT. 38. In all elections by the legislature, the members thereof shall vote viva voce and the votes shall be entered on the journal.
S EC . 38. En todas las elecciones hechas por la legislatura, sus vocales votaran viva voce, y sus votos se asentarán en el diario.
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ARTICLE V
ARTICULO V
Executive Department
Departamento Ejecutivo
S ECT. 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the state of California:
S EC . 1. El supremo poder egecutivo de este estado será conferida á un supremo magistrado que se intitulará Gobernador del Estado de California.
S ECT. 2. The Governor shall be elected by the qualified electors, at the time and places of voting for members of assembly, and shall hold his office two years from the time of his installation, and until his successor shall be qualified.
S EC . 2. El gobernador será elegido por los electores habilitados en el tiempo y lugar de las votaciones para los vocales de la asamblea, y durará en su empleo dos años desde el tiempo de su instalacion y mientras se habilite á su sucesor.
S ECT. 3. No person shall be eligible to the office of Governor (except at the first election), who has not been a citizen of the United States, and a resident of this state two years next preceding the election, and attained the age of twenty five years at the time of said election.
S EC . 3. Ninguno será elegible para el empleo de Gobernador, escepto en la primera eleccion, que no haya sido ciudadano de los Estados Unidos y vecino de este estado durante los dos años anteriores á la eleccion, y que no tenga veinte y cinco años cumplidos al tiempo de dicha eleccion.
S ECT. 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the speaker of the assembly, who shall during the first week of the session, open and publish them in presence of both houses of the legislature. The person having the highest number of votes shall be governor: but in case any two or more have an equal and the highest number of votes, the legislature shall by joint-vote of both houses, choose one of said persons, so having an equal and the highest number of votes, for Governor.
S EC . 4. Las certificaciones de cada eleccion para gobernador se sellarán y se remitiran á la residencia del gobierno, dirigidas al presidente de la asamblea, quien durante la primera semana de la sesion las abrirá y las publicará en presencia de ambas cámaras de la legislatura. El individuo que obtenga [el]22 mayor número de votos será gobernador, pero en el caso de que dos ó mas obtengan la mayoría de los votos en igual número, la legislatura escogerá para gobernador uno de dichos individuos que hayan tenido la mayoría dicha en igual número de votos, por medio de la votacion unida de ámbas cámaras.
S ECT. 5. The Governor shall be commander-in-chief of the militia, the army, and navy of this state.
S EC . 5. El gobernador será comandante en gefe de la milicia, del ejercito y de la escuadra del Estado.
S ECT. 6. He shall transact all executive business with the officers of Government, civil and military, and may require information in writing from the officers of the exec-
S EC . 6. Manejará todos los asuntos ejecutivos con los empleados civiles y militares del gobierno, y podrá pedir informes por escrito á los empleados del departamento
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egecutivo, sobre cualquier asunto relativo á las obligaciones de sus respectivos empleos.
S ECT. 7. He shall see that the laws are faithfully executed.
S EC . 7. Tendrá cuidado de que las leyes se egecuten fielmente.
S ECT. 8. When any office shall from any cause become vacant, and no mode is provided by the Constitution and Laws for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the legislature, or at the next election by the people.
S EC . 8. Cuando por alguna causa vacare algun empleo, y ni la constitucion, ni las leyes dispongan como se ha de llenar la vacante, el gobernador tendrá facultad de llenarla espidiendo un nombramiento cuya validez cesará al fin de la inmediata sesion de la legislatura, ó á la conclusion de la próxima eleccion popular.
S ECT. 9. He may on extraordinary occasions convene the legislature by proclamation, and shall state to both houses when assembled, the purpose for which they shall have been convened.
S EC . 9. Podrá en tiempos estraordinarias convocar la legislatura por medio de una proclama, y manifestará á ámbas cámaras cuando se reunan, el obgeto de la convocatoria.
S ECT. 10. He shall communicate by message, to the legislature at every session, the condition of the state, and recommend such matters as he shall deem expedient.
S EC . 10. En cada sesion comunicará á la legislatura por medio de mensage, las circunstancias del estado y recomendará los asuntos que considere de necesidad23 .
S ECT. 11. In case of a disagreement between the two houses with respect to the time of adjournment, the Governor shall have power to adjourn the legislature to such time as he may think proper; provided it be not beyond the time fixed for the meeting of the next Legislature.
S EC . 11. En caso de discordia entre las dos cámaras con respecto al tiempo de la suspension de las sesiones, el gobernador tendrá la facultad de suspenderlas por el tiempo que lo juzgue oportuno, con tal que no pase del periodo señalado para la reunion de la siguiente legislatura.
S ECT. 12. No person shall, while holding any office under the United States or this state, exercise the office of Governor, except as hereinafter expressly provided.
S EC . 12. Ningun individuo mientras se halle en el desempeño de algun empleo de los Estados Unidos ó de este Estado, podra funcionar de gobernador sino de la manera que así sea dispuesto espresamente en adelante.
S ECT. 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall
S EC . 13. El gobernador tendrá facultad de conceder suspensiones y perdones de toda clase de ofensas, despues de la conviccion, escepto en casos de traicion y acusacion de empleados públicos (impeachment), bajo las condiciones, restricciones y limitaciones que juzgue oportunas y con sujecion á los reglamentos que prescriban las leyes relativo al modo de solicitar perdones. En el
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C ONSTITUTION OF C ALIFORNIA (1849) have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature at the beginning of every session, every case of reprieve or pardon granted, stating the same of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve.
caso de probarse la traicion tendrá el poder de suspender la egecucion de la sentencia, hasta dar cuenta del asunto á la legislatura en su primera sesion; entonces esta concederá el perdon; mandará que se egecute la sentencia ó que se suspenda por mas tiempo. Dará cuenta á la legislatura al principio de cada sesion, de todos los casos de suspension ó perdon que haya concedido, especificando el nombre del reo, el crímen de que haya sido convicto, la sentencia y su fecha y la fecha del perdon ó suspension.
S ECT. 14. There shall be a seal of this state, which shall be kept by the Governor and used by him officially, and shall be called “The Great Seal of the State of California.”
S EC . 14. Habrá un sello de este estado, que estará á cargo del gobernador, quien lo usará en toda materia de oficio, y se llamará el gran sello del estado de California.
S ECT. 15. All grants and commissions shall be in the name and by the authority of The People of the State of California, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.
S EC . 15. Todas las concesiones y despachos se espedirán en el nombre y por la autoridad del pueblo del estado de California, sellados con el gran sello del estado, firmados por el gobernador y refrendados por el Secretario de estado.
S ECT. 16. A Lieutenant Governor shall be elected at the same time and places and in the same manner as the Governor; and his term of office and his qualifications of eligibility shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. If during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled, or the disability shall cease.
S EC . 16. Se nombrará un vice-gobernador en el mismo tiempo y lugar y de la misma manera que el gobernador; y la duracion de su empleo y requisitos de elegibilidad serán tambien los mismos. Será presidente del Senado, pero solo tendrá voto en caso de empate. Si durante la vacante en el empleo de gobernador, el vice-gobernador fuese acusado ó depuesto, renunciase, ó muriese, ó se hallase incapaz de desempeñar las obligaciones de su empleo, ó se hallase ausente del estado, el presidente del senado hará vezes de gobernador, mientras se provea la vacante ó cese la incapacidad.
S ECT. 17. In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the residue of the term,
S EC . 17. En caso de la acusacion24 del gobernador, su remocion del empleo, muerte, incapacidad de desempeñar las facultades y obligaciones del empleo, su renuncia ó ausencia del estado, las facultades y obligaciones de dicho empleo recaerán sobre el vice-gobernador durante lo restante del
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C ALIFORNIA or until the disability shall cease. But when the Governor shall with the consent of the legislature, be out of the State in time of war, at the head of any military force thereof, he shall continue commander-in-chief of all the military force of the State.
término ó mientras que la incapacidad cese. Mas cuando el gobernador con consentimiento de la legislatura se halle fuera del estado en tiempo de guerra, al frente de una fuerza militar del mismo, continuará como comandante en gefe de toda la fuerza militar del estado.
S ECT. 18. A Secretary of State, a Comptroller, a Treasurer, an Attorney General, and Surveyor General shall be chosen in the manner provided in this Constitution; and the term of office and eligibility of each shall be the same as are prescribed for the Governor and Lieutenant Governor.
S EC . 18. Se elegirán de la manera que previene esta constitucion, un secretario de estado, un contralor, un tesorero, un procurador general y un agrimensor general, la duracion de cuyos empleos y requisitos de elegibilidad serán los mismos que los prescritos para el gobernador y vice-gobernador.
S ECT. 19. The Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate. He shall keep a fair record of the official acts of the legislative and executive departments of the government; and shall when required, lay the same and all matters relative thereto, before either branch of the legislature; and shall perform such other duties as shall be assigned him by law.
S EC . 19. El Secretario de estado será nombrado por el gobernador previa recomendacion y consentimiento del Senado. Llevará un registro en limpio de las actas oficiales de la legislatura y del departamento egecutivo del gobierno; y siempre que se reguiera lo someterá con todos los asuntos pertenecientes, á cualesquiera25 de las cámaras de la legislatura; y desempeñará las demas obligaciones que la lei le prescriba.
S ECT. 20. The Comptroller, Treasurer, Attorney General, and Surveyor General shall be chosen by joint-vote of the two houses of the legislature at their first session under this constitution, and thereafter shall be elected at the same time and places and in the same manner as the Governor and Lieutenant Governor.
S EC . 20. El contralor, el tesorero, el procurador general y el agrimensor general serán elegidos por medio de los votos unidos de ámbas cámaras de la legislatura, en su primera sesion bajo esta constitucion; y en lo sucesivo en el tiempo y lugar, y de la misma manera que el gobernador y vicegobernador.
S ECT. 21. The Governor, Lieutenant Governor, Secretary of State, Comptroller, Treasurer, Attorney General, and Surveyor General shall each, at stated times during their continuance in office, receive for their services a compensation which shall not be increased or diminished during the term for which they shall have been elected; but neither of these officers shall receive for his own use, any fees for the performance of his official duties.
S EC . 21. El gobernador, vice-gobernador, secretario de estado, contralor, tesorero, procurador general y agrimensor general, recibiran cada uno en tiempos señalados por sus servicios durante el tiempo de sus funciones, una compensacion que no se aumentará ni se disminuirá durante el periodo por el cual hayan sido electos; mas ninguno de estos empleados deberá recibir propina alguna por el desempeño de sus obligaciones oficiales.
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ARTICLE VI
ARTICULO VI
Judicial Department
Departamento Judicial
S ECT. 1. The judicial power of this state shall be vested in a Supreme Court, in District Courts, in County Courts, and in Justices of the Peace. The Legislature may also establish such municipal and other inferior courts as may be deemed necessary.
S EC . 1. El poder judicial de este Estado residirá en un Tribunal Supremo, en tribunales de circuito y de condado, y en jueces de paz. La legislatura podrá tambien establecer tribunales municipales y otros inferiores, segun se juzgue necesario.
S ECT. 2. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum.
S EC . 2. El Tribunal Supremo se compondrá de un juez principal y dos asociados, cualesquiera dos de los cuales bastarán para formar tribunal.
S ECT. 3. The justices of the Supreme Court shall be elected at the general election; by the qualified electors of the state, and shall hold their office for the term of six years from the first day of January next after their election; provided that the legislature shall at its first meeting, elect a chief justice and two associate justices of the Supreme Court, by joint-vote of both houses, and so classify them that one shall go out of office every two years. After the first election, the senior justice in commission shall be the Chief Justice.
S EC . 3. Los jueces del Tribunal Supremo serán eligidos en la eleccion general, por los electores habilitados del estado, y durarán en sus empleos seis años á contar desde el dia primero de Enero siguiente á su eleccion; en la inteligencia que la legislatura en su primera sesion eligirá un juez principal y dos asociados del Tribunal Supremo, por medio de la votacion unida de ambas camaras, y los clasificará de modo que uno de ellos deje el destino cada dos años. Despues dela primera eleccion el juez mas antiguo en cuanto á la fecha de su nombramiento, será juez principal.
S ECT. 4. The Supreme Court shall have appellate jurisdiction in all cases when the matter in dispute exceeds two hundred dollars, when the legality of any tax, toll, or impost, or municipal fine is in question, and in all criminal cases amounting to felony on4 questions of law alone. And the said court, and each of the justices thereof, as well as all district and county judges shall have power to issue writs of habeas corpus at the instance of any person held in actual custody. They shall also have power to issue all other writs and process necessary to the exercise of their appellate jurisdiction, and shall be conservators of the peace through-
S EC . 4. El Tribunal Supremo tendrá jurisdicion de apelacion en todos los casos en que la cuestion en disputa esceda de doscientos pesos26 , ó que tenga referencia á la legalidad de cualquiera tributo, alcabala, impuesto ó multa municipal; y en todos los casos criminales de felonia sobre meras cuestiones de ley. Y dicho tribunal, y cada uno de sus jueces (como igualmente todos los de distrito y de condado) tendrán facultad para espedir preceptos de habeas corpus, á peticion de cualquiera individuo que se halle actualmente en custodia. Tendrán tambien la facultad de espedir todos los demas mandatos y proceso necesario para
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el egercicio de su jurisdicion de apelacion y serán conservadores de la paz en todo el Estado.
S ECT. 5. The State shall be divided by the first legislature into a convenient number of districts, subject to such alteration from time to time as the public good may require; for each of which, a district judge shall be appointed by the joint-vote of the legislature at its first meeting, who shall hold his office for two years from the first day of January next after his election; after which, said judges shall be elected by the qualified electors of their respective districts at the general election, and shall hold their office for the term of six years.
S EC . 5. La primera legislatura dividirá el estado en un numero conveniente de distritos, sujeto á las modificaciones que de tiempo en tiempo requiera el bien publico. Para cada uno de estos distritos se eligira un juez de distrito, por medio de la votacion unida de la legislatura en su primera sesion, y estos jueces durarán en sus empleos dos años despues del dia primero de Enero inmediato á su eleccion; y en lo sucesivo serán nombrados por los electores habilitados de sus respectivos distritos en la eleccion general, y desempeñaran sus funciones durante seis años.
S ECT. 6. The District Courts shall have original jurisdiction in law and equity in all civil cases where the amount in dispute exceeds two hundred dollars exclusive of interest. In all criminal cases not otherwise provided for, and in all issues of fact joined in the probate court5 , their jurisdiction shall be unlimited.
S EC . 6. Los tribunales de distrito tendrán jurisdicion original en ley y en equidad, en todos los casos civiles en que la cuestion en disputa esceda de doscientos pesos, esclusivo de interes. En todos los casos criminales no provistos de otra manera, y en todas las contestaciones tocante á testamentarias, su jurisdicion será ilimitada.
S ECT. 7. The legislature shall provide for the election by the people, of a clerk of the Supreme Court, and county clerks, district attorneys, sheriffs, coroners, and other necessary officers; and shall fix by law, their duties and compensation. County clerks shall be ex officio clerks of the district courts in and for their respective counties.
S EC . 7. La legislatura dispondrá la eleccion popular de un escribano del Tribunal Supremo, y de escribanos de condado, procuradores de distrito, sheriffs, coroners y otros empleados necesarios, y designará por ley sus obligaciones y emolumentos. Los escribanos de condado serán ex officio, escribanos de los tribunales de distrito en sus respectivos condados.
S ECT. 8. There shall be elected in each of the organized counties of this state one county judge, who shall hold his office for four years. He shall hold the county court, and perform the duties of surrogate or probate judge. The County Judge, with two Justices of the Peace to be designated according to law, shall hold courts of sessions, with such criminal jurisdiction as the legislature shall prescribe, and he shall perform
S EC . 8. Se eligirá en cada uno de los condados organizados de este estado un juez de condado que durará en su empleo cuatro años: presidirá el tribunal de condado y egercerá las obligaciones de subrogado ó juez probatorio (para la prueba ó justificacion de los testamentos). El juez de condado asociado con dos jueces de paz que se designarán segun la ley, tendrá un tribunal de sesiones con la jurisdiccion criminal que la
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legislatura prescriba y egercerá las demas obligaciones que la ley requiera.
S ECT. 9. The County Court6 shall have such jurisdiction in cases arising in Justices’ Courts, and in special cases, as the legislature may prescribe, but shall have no original civil jurisdiction, except in such special cases.
S EC . 9. El tribunal de condado tendrá la jurisdiccion que la legislatura prescriba, en los casos que se susciten en los tribunales de los jueces de paz, y en los casos especiales; mas no tendrá jurisdiccion original civil sino en dichos casos especiales.
S ECT. 10. The times and places of holding the terms of the Supreme Court, and the general and special terms of the district courts within the several districts, shall be provided for by law.
S EC . 10. El tiempo y el lugar de las sesiones del tribunal supremo, y de las generales y especiales de los tribunales de distrito, dentro de los diferentes distritos se designarán por ley.
S ECT. 11. No judicial officer except a justice of the peace, shall receive to his own use, any fees or perquisites of office.
S EC . 11. Ningun empleado judicial (escepto los jueces de paz) deberá recibir para su propio uso ninguna propina ni gages.
S ECT. 12. The legislature shall provide for the speedy publication of all statute laws, and of such judicial decisions as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person.
S EC . 12. La legislatura dispondrá la pronta publicacion de todos los estatutos y de las decisiones judiciales que estime conveniente, y todas las leyes y decisiones judiciales podrán publicarse libremente por cualquiera persona.
S ECT. 13. Tribunals for conciliation may be established, with such powers and duties as may be prescribed by law; but such tribunals shall have no power to render judgment to be obligatory on the parties, except they voluntarily submit their matters in difference, and agree to abide the judgment, or assent thereto in the presence of such tribunal, in such cases as shall be prescribed by law.
S EC . 13. Podrán establecerse tribunales de conciliacion, con las facultades y obligaciones que prescriba la ley; pero estos tribunales no tendrán poder de dar sentencia obligatoria á las partes, á menos que estas sometan voluntariamente sus diferencias, y se convengan en sugetarse al juicio, ó se conformen con el, en presencia de dicho tribunal, en los casos que prescriba la ley.
S ECT. 14. The legislature shall determine the number of justices of the peace to be elected in each county, city, town, and incorporated village of the State, and fix by law their powers, duties, and responsibilities. It shall also determine in what cases appeals may be made from justices’ courts to the county court.
S EC . 14. La legislatura determinará el número de jueces de paz que deban elegirse en cada condado, ciudad, pueblo y aldea incorporada del Estado, y señalará por ley sus facultades, obligaciones y responsabilidades; determinaran tambien, en que casos se puede apelar de los tribunales de los jueces de paz al de Condado.
S ECT. 15. The justices of the supreme court and judges of the district courts7 shall severally, at stated times during their contin-
S EC . 15. Los jueces de los tribunales supremo y de distrito recibirán respectivamente, en tiempos señalados, durante su perma-
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C ALIFORNIA uance in office, receive for their services a compensation, to be paid out of the treasury, which shall not be increased or diminished during the term for which they shall have been elected. The County Judges shall also severally, at stated times, receive for their services a compensation, to be paid out of the county treasury of their respective counties, which shall not be increased or diminished during the term for which they shall have been elected.
nencia en el empleo, una compensacion por sus servicios, pagadera de la tesoreria; cuya compensacion no se aumentará ni se disminuirá durante el tiempo por el cual hayan sido electos. Los jueces de condado recibirán tambien respectivamente en tiempos señalados, una compensacion por sus servicios, pagadera de la tesoreria de sus respectivos condados, que no se aumentará ni se disminuirá durante el tiempo por el cual hayan sido electos.
S ECT. 16. The justices of the supreme court and district judges shall be ineligible to any other office during the term for which they shall have been elected.
S EC . 16. Los jueces supremos y de distrito no podrán ser elegidos á otros empleos, durante el tiempo por el cual hayan sido electos.
S ECT. 17. Judges shall not charge juries with respect to matters of fact, but may state the testimony and declare the law.
S EC . 17. Los jueces no darán instrucciones á los jurados con respecto á asuntos de hecho; mas podrán esponer el testemonio y esplicar la ley.
S ECT. 18. The style of all process shall be “The People of the State of California;” all8 prosecutions shall be conducted in the name and by the authority of the same.
S EC . 18. La formula de todo proceso será “El Pueblo del Estado de California,” y todo proceso criminal (prosecutions) será seguido en el nombre y por la autoridad del mismo.
ARTICLE VII
ARTICULO VII
Militia
Milicia
S ECT. 1. The Legislature shall provide by law for organizing and disciplining the militia in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States.
S EC . 1. La legislatura establecerá por ley el modo de organizar y disciplinar la milicia, de la manera que juzgue conveniente, no siendo incompatible con la constitucion y leyes de los Estados Unidos.
S ECT. 2. Officers of the militia shall be elected or appointed in such manner as the legislature shall from time to time direct, and shall be commissioned by the Governor.
S EC . 2. Los oficiales de la milicia serán elejidos ó nombrados de la manera que de tiempo en tiempo disponga la legislatura, y sus despachos serán espedidos por el gobernador.
S ECT. 3. The Governor shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and repel invasions.
S EC . 3. El gobernador tendrá la facultad de poner la milicia sobre las armas, para ejecutar las leyes del estado, suprimir insurrecciones y repeler invasiones.
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ARTICLE VIII
ARTICULO VIII
State Debts
Deudas del Estado
The legislature shall not in any manner, create any debt or debts, liability or liabilities, which shall singly or in the aggregate with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall he authorized by some law for some single object or work to be distinctly specified therein, which law shall provide ways and means exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to9 pay and discharge the principal of such debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until at a general election, it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law, shall be applied only to the specific object therein stated, or to the payment of the debt thereby created; and such law shall be published in at least one newspaper in each judicial district, if one be published therein, throughout the state, for three months next preceding the election at which it is submitted to the people.
La legislatura no contraerá de manera alguna, ninguna deuda ó deudas, compromiso ó compromisos que separados ó en union de cualquiera otro deuda ó compromiso anterior, esceda de la suma de tres cientos mil pesos, escepto en caso de guerra, para repeler alguna invasion ó para suprimir alguna insurreccion, á ménos que dicha legislatura no sea autorizada por alguna ley que tenga por objeto algun fin ó empresa determinada que en ella se esprese con toda claridad, cuya ley determinará los medios y modos (no siendo préstamos) para cubrir el interes de dicha deuda ó compromiso conforme se vayan venciendo los plazos; y tambien para pagar ó chancelar el principal de dicha deuda ó compromiso, dentro de veinte años de contraida, y esta ley será irrevocable miéntras el principal é interes no sean pagados y chancelados; mas ninguna ley de esta naturaleza tendrá efecto hasta que se haya sometido al pueblo en una eleccion general, y haya recibido la mayoria de todos los votos dados en pro y en contra en dicha eleccion; y todos los fondos recaudados en virtud de dicha ley serán apropiados solamente para el objeto especial que en ella se designe, ó en el pago de la deuda contraida en fuerza de dicha ley; y esta se publicará á lo ménos en un periódico (si lo hubiese) en cada distrito judicial del estado, durante los tres meses anteriores á la eleccion en que deba someterse al pueblo.
ARTICLE IX
ARTICULO IX
Education
Educacion
S ECT. 1. The legislature shall provide for the election by the people of a superin-
S EC . 1. La legislatura dispondrá la eleccion popular de un superintendente de ins-
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truccion pública, que durará en su empleo tres años; la ley prescribirá sus obligaciones, y él recibira la compensacion que designe la Legislatura.
S ECT. 2. The legislature shall encourage by all suitable means, the promotion of intellectual, scientific, moral, and agricultural improvement. The proceeds of all lands that may be granted by the United States to this state for the support of schools, which may be sold or disposed of, and the five hundred thousand acres of land granted to the new states under an act of Congress distributing the proceeds of the public lands among the several states of the Union, approved A. D. 1841;10 and all estates of deceased persons, who may have died without leaving a will or heir, and also such per cent. as may be granted by Congress on the sale of lands in this state, shall be and remain a perpetual fund, the interest of which together with all the rents of the unsold lands, and such other means as the legislature may provide, shall be inviolably appropriated to the support of common schools throughout the State.
S EC . 2. La legislatura estimulará por todos los medios posibles el fomento de los progresos27 intelectuales, científicos, morales y agrícolas. El producto de todos los terrenos que cedan los Estados Unidos á este estado para el sosten de las escuelas y que se vendan ó trasfieran; y los quinientos mil acres de tierra concedidos á los nuevos estados por acta de los Estados Unidos del año de 1841, que distribuye el producto de los terrenos públicos entre los diferentes estados de la union; y todos los bienes de los que mueran al intestato, ó sin heredero, como igualmente el tanto por ciento sobre la venta de los terrenos de este estado que conceda el congreso, formarán un fondo perpétuo, cuyo interes unido á todas las rentas de los terrenos no vendidos y demas medios que provea la legislatura, serán apropiados inviolablemente para el sostenimiento de las escuelas de primeras letras28 en todo el estado.
S ECT. 3. The legislature shall provide for a system of common schools, by which a school shall be kept up and supported in each district at least three months in every year; and any school district neglecting to keep up and support such a school, may be deprived of its proportion of the interest of the public fund during such neglect.
S EC . 3. La legislatura establecerá un sistéma de escuelas de primeras letras, y dispondrá que en cada distrito se abra y se sostenga una de ellas durante tres meses cuando ménos en cada año; y todo distrito de escuela que deje de abrir y sostener una de estas escuelas, será privado de su proporcion del interes del fondo público miéntras dure el descuido.
S ECT. 4. The legislature shall take treasures for the protection, improvement, or other disposition of such lands as have been, or may hereafter be reserved or granted by the United States or any person or persons, to this State, for the use of a University; and the funds accruing from the rents or sales of such lands, or from any other source
S EC . 4. La legislatura proveerá á29 la proteccion, adelanto ú otra disposicion de los terrenos que hayan sido reservados ó concedidos á este estado por los Estados Unidos ó por cualquiera persona ó personas, ó que en adelante se reserven ó concedan para el uso de una universidad; y los fondos procedentes de las rentas ó de la venta de estos
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C ONSTITUTION OF C ALIFORNIA (1849) for the purpose aforesaid, shall be and remain a permanent fund, the interest of which shall be applied to the support of said university, with such branches as the public convenience may demand, for the promotion of literature, the arts, and sciences, as may be authorized by the terms of such grant. And it shall be the duty of the legislature as soon as may be, to provide effectual means for the improvement and permanent security of the funds of said university.
terrenos ó de cualquiera otro origen para el fin indicado, formarán un fondo permanente, cuyo interes se invertirá en el sosten de dicha universidad con las ramificaciones que la conveniencia pública requiera para la promocion de la Literatura, las artes y ciéncias, segun las condiciones de dicha cesion: y la legislatura tendrá la obligación de proveer cuanto ántes medios eficaces de procurar el adelanto y seguridad permanente de los fondos de dicha universidad.
ARTICLE X
ARTICULO X
Mode of amending and revising the Constitution
Modo de Reformar y Revisar la Constitucion
S ECT. 1. Any amendment or amendments to this Constitution may be proposed in the senate or assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments, shall be entered on their journals with the yeas and nays taken thereon, and referred to the legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if in the legislature next chosen as aforesaid, such proposed amendment or amendments, shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the legislature shall prescribe: and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the legislature, voting thereon, such amendment or amendments shall become part of the Constitution.
S EC . 1. El Senado ó la asamblea podrá proponer cualquiera reforma ó reformas á esta constitucion, y siempre que la mayoría de los vocales electos para cada una de las dos cámaras convengan30 en ello, la reforma ó reformas propuestas se asentarán en sus diarios con la votacion nominal que se dé, y esto se someterá á la futura legislatura que en seguida debe elejirse, y se publicará durante los tres meses anteriores á dicha eleccion; y si esta nueva legislatura aprobase la reforma ó reformas propuestas por medio de la mayoria de todos los vocales electos para ambas cámaras, entónces deberá la legislatura someter dicha reforma ó reformas al pueblo, al tiempo y en el modo que ella misma prescriba; y si el pueblo aprobase y ratificase dicha reforma ó reformas, por medio de una mayoria de los electores habilitados para votar por los vocales de la legislatura, y que hayan votado sobre el asunto, entonces dicha reforma ó reformas formarán parte de la constitucion.
S ECT. 2. And if at any time, two thirds of the senate and assembly shall think it necessary to revise and change this entire
S EC . 2. Y si en algun tiempo las dos terceras partes del senado y de la asamblea juzgasen ser necesario revisar ó cambiar toda
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C ALIFORNIA constitution, they shall recommend to the electors at the next election for members of the legislature, to vote for or against the convention; and if it shall appear that a majority of the electors voting at such election, have voted in favor of calling a convention, the legislature shall at its next session provide by law for calling a convention, to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the legislature.
esta constitucion, encomendarán á los electores que voten en la primera31 eleccion de vocales de la legislatura, en pro ó en contra de una32 convencion; y si ocurriese que una mayoria de los electores que hayan votado en dicha eleccion, diese su voto en favor de la convocacion de una convencion, entonces la legislatura en su primera sesion dispondrá por medio de una ley se convoque dicha convencion, la que deberá reunirse dentro de los seis meses de haberse decretado dicha ley; y dicha convencion se compondrá de un número de delegados33 que no baje del de los vocales de ambas cámaras de la Legislatura.
ARTICLE XI
ARTICULO XI
Miscellaneous Provisions
Disposiciones Miscelaneas
S ECT. 1. The first session of the legislature shall be held at the Pueblo de San Jose, which place shall be the permanent seat of government until removed by law: Provided however, that two thirds of all the members elected to each house of the legislature, shall concur in the passage of such law.
S EC . 1. La primera sesion de la legislatura se celebrará en el Pueblo de San José, cuyo lugar será la residencia permanente del Gobierno, mientras no sea removida por ley en la inteligencia no obstante, que las dos terceres partes de todos los vocales electos á dicha legislatura convengan en decretar tal ley.
S ECT. 2. Any citizen of this state who shall, after the adoption of this constitution, fight a duel with deadly weapons, or send or accept a challenge to fight a duel with deadly weapons, either within this state or out of it; or who shall act as second, or knowingly aid or assist in any manner those thus offending, shall not be allowed to hold any office of profit, or to enjoy the right of suffrage under this constitution.
S EC . 2. Todo ciudadano de este estado que despues de la adopcion de esta constitucion combata en duelo con arma mortifera ó dé ó acepte un desafio para combatir en duelo con arma mortifera, sea dentro de este estado ó fuera de él ó que sirva de padrino ó á sabiendas coadyuve34 ó de cualquiera manera ausilie á los que asi ofendan, sera privado del derecho de poder obtener ningun empleo lucrativo y de gozar dél de sufragio bajo esta Constitucion.
S ECT. 3. Members of the legislature, and all officers, executive and judicial, except such inferior officers as may be by law exempted, shall before they enter on the duties of their respective offices, take and sub-
S EC . 3. Los vocales de la legislatura y todos los empleados del ramo ejecutivo y judicial, escepto aquellos empleados subalternos que esten exentos por ley, antes de entrar en el desempeño de sus respectivos
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C ONSTITUCIÓN DE C ALIFORNIA (1849) scribe the following oath or affirmation: “I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of California; and that I will faithfully discharge the duties of the office of ——– according to the best of my ability.” And no other oath, declaration, or test shall be required as a qualification for any office or public trust.
empleos, prestarán y firmarán el siguiente juramento ó afirmacion. “Juro solemnemente (ó afirmo segun sea el caso) sostener la constitucion de los Estados Unidos y la del Estado de California; y que desempeñare fielmente los deberes del empleo de ——– segun mi leal saber y entender35 .” Y no se exigirá ningun otro juramento, declaracion ni prueba para poder desempeñar cualquiera empleo ó merecer la confianza publica36 .
S ECT. 4. The Legislature shall establish a system of county and town governments, which shall be as nearly uniform as practicable throughout the State.
S EC . 4. La legislatura establecerá un sistema de gobierno de Condado y poblacion, el cual será lo mas uniforme que sea posible en todo el Estado.
S ECT. 5. The Legislature shall have power to provide for the election of a board of Supervisors in each county; and these supervisors shall, jointly and individually, perform such duties as may be prescribed by law.
S EC . 5. La legislatura tendrá facultad para disponer la eleccion de un cuerpo de superintendentes en cada condado, y estos superintendentes separada y juntamente37 desempeñarán las funciones que prescriba la ley.
S ECT. 6. All officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed as the legislature may direct.
S EC . 6. Todos los empleados cuya eleccion ó nombramiento no esté arreglado en esta Constitucion, y todos aquellos cuyos empleos se establezcan en adalante por ley, serán elegidos por el pueblo ó nombrados del modo que disponga la legislatura.
S ECT. 7. When the duration of any office is not provided for by this constitution, it may be declared by law; and if not so declared, such office shall be held during the pleasure of the authority making the appointment; nor shall the duration of any office, not fixed by this constitution, ever exceed four years.
S EC . 7. Cuando la duracion de algun empleo no este provisto por esta Constitucion, se podra fijar por la ley; y de no verificarse38 asi tal empleo se desempeñará durante el beneplacito de la autoridad que hizo el nombramiento: mas la duracion de ningun empleo que no esté señalado por esta constitucion deberá pasar39 de cuatro años.
S ECT. 8. The fiscal year shall commence on the first day of July.
S EC . 8. El año fiscal comenzará el dia primero de Julio.
S ECT. 9. Each county, town, city, and incorporated village shall make provision for the support of its own officers, subject to such restrictions and regulations as the legislature may prescribe.
S EC . 9. Cada condado, ciudad, pueblo y aldea incorporada, proveerá al sostenimiento de sus propios empleados, bajo las restricciones y reglamentos que la legislatura prescriba.
S ECT. 10. The credit of the state shall
S EC . 10. El credito del estado no podrá
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C ALIFORNIA not in any manner be given or loaned to, or in aid of, any individual, association, or corporation: nor shall the state directly or indirectly, become a stockholder in any association or corporation.
de manera alguna darse ni prestarse en beneficio de ningun individuo, asociacion ó corporacion; y el estado no deberá directa ni indirectamente hacerse accionista en ninguna asociacion ó corporacion.
S ECT. 11. Suits may be brought against the state, in such manner and in such courts as shall be directed by law.
S EC . 11. El Estado podrá ser procesado de la manera y ante los tribunales que disponga la ley.
S ECT. 12. No contract of marriage if otherwise duly made, shall be invalidated for want of conformity to the requirements of any religious sect.
S EC . 12. Ningun contrato de matrimonio podrá invalidarse porque carezca de conformidad con los requisitos de cualquiera secta religiosa, si por otra parte se haya celebrado debidamente.
S ECT. 13. Taxation shall be equal and uniform throughout the state. All property in this state shall be taxed in proportion to its value, to be ascertained as directed by law: but assessors and collectors of town, county, and state taxes, shall be elected by the qualified electors of the district, county, or town, in which the property taxed for state, county, or town purposes, is situated.
S EC . 13. Los impuestos serán iguales y uniformes en todo el estado. Todas las propiedades en este estado pagarán impuestos en proporcion de su valor, que se fijará segun disponga la ley: mas los avaluadores y recaudadores de los impuestos de pueblo, condado y estado serán eligidos por los electores habilitados del distrito, condado ó pueblo en que esten situadas las propiedades sobre que recaen los impuestos para objetos de estado, condado ó poblacion.
S ECT. 14. All property both real and personal, of the wife, owned or claimed by her before marriage11 , and that acquired afterwards by gift, devise, or descent, shall be her separate property: and laws shall be passed more clearly defining the rights of the wife, in relation as well to her separate property as to that held in common with her husband. Laws shall also be passed providing for the registration of the wife’s separate property.
S EC . 14. Todos los bienes raices y muebles de la muger, poseidos ó reclamados por ella antes del matrimonio, y los que adquiera despues por medio de donacion, legado ó herencia, le pertenecerán separadamente, y se decretarán leyes para definir mas claramente los derechos de la muger con respecto, tanto á sus bienes separados como á los que tiene en comun con su marido. Tambien se decretarán leyes para el registro de los bienes separados de la muger.
S ECT. 15. The legislature shall protect by law, from forced sale, a certain portion of the homestead and other property of all heads of families.
S EC . 15. La legislatura protegerá por ley cierta porcion del hogar domestico y otros bienes de toda cabeza de familia, á fin de evitar su venta forzada.
S ECT. 16. No perpetuities shall be allowed, except for eleemosynary purposes.
S EC . 16. Ninguna propiedad pasará40 á manos muertas41 , á no ser para objetos de limosna.
S ECT. 17. Every person shall be disqual-
S EC . 17. Todo individuo convicto de ha-
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C ONSTITUTION OF C ALIFORNIA (1849) ified from holding any office of profit in this state, who shall have been convicted of having given or offered a bribe to procure his election or appointment.
ber dado ú ofrecido algun soborno á fin de conseguir su eleccion ó nombramiento, será incapacitado para desempeñar todo empleo lucrativo en este Estado.
S ECT. 18. Laws shall be made to exclude from office, serving on juries, and from the right of suffrage, those who shall hereafter be convicted of bribery, perjury, forgery, or other high crimes. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting under adequate penalties, all undue influence thereon from power, bribery, tumult, or other improper practice.
S EC . 18. Se decretarán leyes para escluir de los empleos á los que de aqui en adelante fuesen convictos de soborno, perjuro, falsificacion ú otros crimenes mayores, y para evitar que tales individuos sirvan en los jurados y gocen del derecho de sufragio. Este derecho de sufragio será sostenido por leyes que arreglen las elecciones y que prohiban bajo de penas adecuadas todo influjo indebido en ellas por medio del poder, soborno, tumulto ó otras practicas impropias.
S ECT. 19. Absence from this state on business of the state or of the United States, shall not affect the question of residence of any person.
S EC . 19. La ausencia de este estado, de cualquiera persona, á negocios del mismo estado ó de los Estados Unidos, no pondrá en cuestion su derecho de residencia.
S ECT. 20. A plurality of the votes given at any election shall constitute a choice, where not otherwise directed in this constitution.
S EC . 20. La pluralidad de votos dados en cualquiera eleccion, constituirá eleccion, siempre que en esta constitucion no se dispone otra cosa.
S ECT. 21. All laws, decrees, regulations, and provisions, which from their nature require publication, shall be published in English and Spanish.
S EC . 21. Toda ley, decreto, reglamento y disposicion42 que por su naturaleza deban publicarse, se publicarán en ingles y en Castellano.
ARTICLE XII
ARTICULO XII
Boundary
Limites
The boundary of the State of California shall be as follows:12 Commencing at the point of intersection of the 42d degree of North Latitude with the 120th degree of Longitude west from Greenwich, and running south on the line of said 120th degree of West Longitude until it intersects the 39th degree of North Latitude; thence running in a straight line in a southeasterly direction to the River Colorado, at a point where it intersects the 35th degree of North Latitude;
Los linderos del estado de California serán como sigue: comenzando en el punto de interseccion del grado 42 de latitud Norte con el grado 120 de longitud Oeste de Greenwich, y siguiendo la linea de dicho grado 120 de longitud Oeste, hasta su interseccion con el grado 39 de latitud Norte; de alli siguiendo en linea recta, rumbo al Sud Este hasta el Rio Colorado en el punto de su interseccion con el grado 35 de latitud Norte; de alli siguiendo la mediania del canal
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C ALIFORNIA thence down the middle of the channel of said river to the boundary line between the United States and Mexico, as established by the Treaty of May 30th 1848;13 thence running west and along said boundary line to the Pacific Ocean, and extending therein 3 English miles; thence running in a northwesterly direction and following the direction of the Pacific Coast to the 42d degree of North Latitude; thence on the line of said 42d degree of North Latitude to the place of beginning; also, all the islands, harbors and bays along and adjacent to the coast14 .
de dicho Rio hasta la linea divisoria entre los Estados Unidos y Mégico, establecido por el tratado de 30 de Mayo de 1848; de alli siguiendo dicha linea divisoria, rumbo al Poniente hasta el Oceano Pacifico y tres millas inglesas adentro del mismo; de alli rumbo al Nor-Oeste y siguiendo la direccion de la Costa del Pacifico hasta el grado 42 de latitud Norte; de alli sobre la linea de dicho grado 42 de latitud Norte al lugar primeramente señalado: con inclusion tambien de todas las islas, puertos y bahias de la Costa del Pacifico y de sus inmediaciones.
SCHEDULE
APENDICE43
S ECT. 1. All rights, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, and all laws in force at the time of the adoption of this constitution, and not inconsistent therewith, until altered or repealed by the legislature shall continue as if the same had not been adopted.
S EC . 1. Todo derecho, accion, proceso, reclamo y contrato, tanto de individuos como de corporaciones, y todas las leyes en fuerza al tiempo de la adopcion de esta constitucion que no sean incompatibles con la misma, continuarán lo mismo que si no se hubiese adoptado, hasta que se cambien ó se anulen por la legislatura.
S ECT. 2. The legislature shall provide for the removal of all causes which may be pending when this constitution goes into effect, to courts created by the same.
S EC . 2. La legislatura dispondrá la remocion de todas las causas pendientes al tiempo de tener efecto esta constitucion á los tribunales establecidos por la misma.
S ECT. 3. In order that no inconvenience may result to the public service from the taking effect of this constitution, no office shall be superceded thereby, nor the laws relative to the duties of the several officers be changed until the entering into office of the new officers to be appointed under this constitution.
S EC . 3. Para obviar que al tener efecto esta constitucion, resulte algun inconveniente al servicio publico, no quedará ningun empleo anulado por ella, ni se cambiarán las leyes relativas á las obligaciones de los diferentes empleados, mientras que los nuevos que se han de nombrar en virtud de esta constitucion entren en el desempeño de sus funciones.
S ECT. 4. The provisions of this constitution concerning the term of residence necessary to enable persons to hold certain offices therein mentioned, shall not be held to apply to officers chosen by the people at the first election, or by the legislature at its first session.
S EC . 4. Las prevenciones de esta constitucion con respecto al tiempo necesario44 para que los individuos desempeñen ciertos empleos mencionados en ella, no deberán entenderse con respecto á los empleados que elija el pueblo en la primera eleccion, ó la legislatura en su primera sesion.
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C ONSTITUCIÓN DE C ALIFORNIA (1849) S ECT. 5. Every citizen of California declared a legal voter by this constitution, and every citizen of the United States a resident of this state on the day of election, shall be entitled to vote at the first general election under this Constitution, and on the question of the adoption thereof.
S EC . 5. Todo ciudadano de California declarado votante legal por esta constitucion, y todo ciudadano de los Estados Unidos, residente en este estado el dia da la eleccion, tendrán derecho de votar en la primera eleccion general bajo esta constitucion, y sobre la cuestion de la adopcion de la misma.
S ECT. 6. This constitution shall be submitted to the people for their ratification or rejection, at the general election to be held on Tuesday the thirteenth day of November next. The Executive of the existing government of California is hereby requested to issue a proclamation to the people, directing the Prefects of the several districts, or in case of vacancy the Sub Prefects, or Senior Judge of first instance, to cause such election to be held on15 the day aforesaid in their respective districts. The election shall be conducted in the manner which was prescribed for the election of delegates to this Convention, except that the Prefects, Sub-Prefects16 , or senior Judge of first instance ordering such election in each district, shall have power to designate any additional number of places for opening the polls, and that in every place of holding the election, a regular poll list shall be kept by the judges and inspectors of election. It shall also be the duty of these judges and inspectors of election on the day aforesaid, to receive the votes of the electors qualified to vote at such election. Each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written or printed “For the Constitution” or “Against the Constitution”, or some such words as will distinctly convey the intention of the voter. These Judges and Inspectors shall also receive the votes for the several officers to be voted for at the said election as herein provided. At the close of the election, the judges and inspectors shall carefully count each ballot, and forthwith make duplicate returns thereof to the Prefect, Sub-Prefect, or Senior Judge of
S EC . 6. Esta constitucion se someterá al pueblo para su ratificacion ó recusacion en la eleccion general que tendrá lugar el martes 13 de Noviembre proximo venidero. Por las presentes se le suplica45 al Egecutivo del gobierno actual de California, espida una proclama al pueblo ordenando á los prefectos de los diferentes distritos ó en caso de vacante al sub-prefecto ó juez mas antiguo de primera instancia, convoquen dicha eleccion para el dia señalado en sus respectivos distritos. La eleccion se hara del modo prescrito para los delegados á esta convencion, escepto que los prefectos, sub-prefectos ó jueces de primera instancia que dispongan la eleccion en cada distrito, tendrán la facultad de designar cualquiera número adicional de lugares para votar; y que en cada uno de dichos lugares, deberán los jueces é inspectores de eleccion llevar una lista formal de todos los votantes. Dichos jueces é inspectores de eleccion tendrán tambien la obligacion de recibir el dia señalado los votos de los electores habilitados para votar en dicha eleccion. Cada votante dará su parecer, depositando en la caja de boletas, una boleta escrita ó impresa que diga “por la constitucion” ó “contra la constitucion” ú otras palabras equivalentes que espliquen distintamente la voluntad del votante. Recibirán tambien estos jueces é inspectores los votos que se den para los diferentes empleados que deben eligirse en dicha eleccion, conforme queda aqui prevenido. Al fin de la eleccion los jueces é inspectores contaran cuidadosamente los votos dados y despacharán inmediatamente una noticia por duplicado de ellos al prefecto, sub-prefecto, ó juez mas
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C ALIFORNIA first instance as the case may be, of their respective districts, and said Prefect, SubPrefect or Senior Judge of first instance shall transmit one of the same, by the most safe and rapid conveyance, to the Secretary of State. Upon the receipt of said returns or on the tenth day of December next, if the returns be not sooner received, it shall be the duty of a board of canvassers, to consist of the Secretary of State, one of the Judges of the Superior Court, the Prefect, Judge of first instance, and an Alcalde of the District of Monterey, or any three of the aforementioned officers, in the presence of all who shall choose to attend, to compare the votes given at said election, and to immediately publish an abstract of the same in one or more of the newspapers of California. And the Executive will also immediately after ascertaining that the constitution has been ratified by the people, make proclamation of the fact; and thenceforth this constitution shall be ordained and established as the Constitution of California.
antiguo de primera instancia (segun el caso) de sus respectivos distritos, y dicho prefecto, sub-prefecto ó juez de primera instancia, remitirá una de estas noticias por el conducto mas pronto y mas seguro al secretario de estado. Al recibo de estas noticias, ó el dia diez de Diciembre siguiente, si no se hubiesen recibido antes, el cuerpo de escrutinio46 compuesto del secretario de estado, uno de los jueces del tribunal superior, el juez de primera instancia y uno de los alcaldes del distrito de Monterey, ó cualesquiera tres de los ante mencionados empleados, tendrá la obligacion (en presencia de todos los que quieran asistir) de comparar los votos dados en dicha eleccion y de publicar47 un estracto de la votacion en uno ó mas de los periodicos de California. El egecutivo luego48 que sepa que esta Constitucion haya sido ratificado por el pueblo, espedira una proclama noticiando el hecho, y desde entonces dicha constitucion quedará ordenada y establecida como Constitucion de California.
S ECT. 7. If this Constitution shall be ratified by the people of California, the Executive of the existing government is hereby requested, immediately after the same shall be ascertained in the manner herein directed, to cause a fair copy thereof to be forwarded to the President of the United States, in order that he may lay it before the Congress of the United States.
S EC . 749 . En el caso de ratificarse esta Constitucion por el pueblo de California, se suplica por las presentes al Egecutivo del gobierno actual, que luego que esto se averigüe de la manera que aqui queda dispuesto, haga remitir una copia de ella en limpio al Presidente de los Estados Unidos, para que este la someta al Congreso de los Estados Unidos.
S ECT. 8. At the general election aforesaid, viz: the thirteenth day of November next, there shall be elected a Governor, Lieutenant Governor, members of the legislature, and also two members of Congress.
S EC . 8. En la eleccion antemencionada, á saber el dia trece de Noviembre proximo venidero, se elejirán un gobernador, un vicegobernador, los vocales de la legislatura y tambien dos representantes50 al Congreso.
S ECT. 9. If this Constitution shall be ratified by the people of California, the legislature shall assemble at the seat of government on the fifteenth day of December next, and in order to complete the organization of that body, the Senate shall elect a president
S EC . 9. En el caso de ratificarse esta constitucion por el pueblo de California, la legislatura se reunirá en la residencia del gobierno el dia quince de Diciembre proximo venidero, y á fin de completar la organizacion de esa corporacion51 , el senado nom-
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C ONSTITUTION OF C ALIFORNIA (1849) pro tempore, until the Lieutenant Governor shall be installed into office.
brará un presidente interino, mientras se instale el vice-gobernador en su empleo.
S ECT. 10. On the organization of the legislature, it shall be the duty of the Secretary of State, to lay before each house a copy of the abstract made by the board of canvassers, and if called for, the original returns of election, in order that each house may judge of the correctness of the report of said board of canvassers.
S EC . 10. A la organizacion de la legislatura, el secretario de estado tendrá la obligacion de someter á ambas camaras una copia del estracto hecho por el cuerpo de escrutinio, y (en caso de pedirse), las noticias originales de eleccion, para que cada camara pueda juzgar de la exactitud del informe de dicho cuerpo de escrutinio.
S ECT. 11. The legislature at its first session, shall elect such officers as may be ordered by this constitution to be elected by that body, and within four days after its organization, proceed to elect two senators to the congress of the United States. But no law passed by this legislature shall take effect until signed by the Governor after his installation into office.
S EC . 11. La legislatura en su primera sesion elegirá los empleados que dispone esta constitucion sean elejidos por esa corporacion; y dentro de cuatro dias despues de su organizacion, eligirá dos senadores al Congreso de los Estados Unidos. Mas ninguna ley decretada por esta legislatura tendrá efecto hasta que la firme el gobernador despues de su instalacion en el empleo.
S ECT. 12. The Senators and Representatives to the Congress of the United States, elected by the legislature and people of California as herein directed, shall be furnished with certified copies of this constitution when ratified, which they shall lay before the Congress of the United States, requesting in the name of the people of California the admission of the State of California into the American Union.
S EC . 12. Los senadores y representantes al Congreso de los Estados Unidos elejidos por la legislatura y pueblo de California del modo que aqui se ha mandado, recibirán copias certificadas de esta Constitucion cuando se ratifique, que someteran al Congreso de los Estados Unidos pidiendo en nombre del pueblo de California, que el estado de California se admita en la Union Americana.
S ECT. 13. All officers of this State, other than members of the legislature, shall be installed into office on the fifteenth day of December next, or as soon thereafter as practicable.
S EC . 13. Todos los empleados de este estado (fuera de los vocales de la legislatura) se instalaran en sus empleos el dia quince de Diciembre proximo venidero, ó tan luego despues como sea practicable.
S ECT. 14. Until the Legislature shall divide the state into counties, and senatorial and assembly districts as directed by this Constitution, the following shall be the apportionment of the two houses of the Legislature, viz: the districts of San Diego and Los Angeles shall jointly elect two senators; the districts of Santa Barbara and San Luis Obispo: shall jointly elect one senator; the
S EC . 14. Mientras la legislatura divida el estado en condados y distritos senatorios y de asamblea, como queda prevenido en esta constitucion, lo siguiente será el prorateo de las dos camaras de la legislatura, á saber; Los distritos de San Diego y Los Angeles unidos elijirán dos senadores; los de Santa Barbara y San Luis Obispo unidos eligirán un senador; el distrito de Monterey uno; el
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C ALIFORNIA district of Monterey, one senator; the district of San Jose, one senator; the district of San Francisco, two senators; the district of Sonoma, one senator; the district of Sacramento, four senators; and the district of San Joaquin, four senators: – And the district of San Diego shall elect one member of the17 assembly; the district of Los Angeles, two members of assembly; the district of Santa Barbara, two members of assembly; the district of San Luis Obispo, one member of assembly; the district of Monterey, two members of assembly; the district of San Jose, three members of assembly; the district of San Francisco, five members of assembly; the district of Sonoma, two members of assembly; the district of Sacramento, nine members of assembly; and the district of San Joaquin, nine members of assembly.
de San Francisco dos; el de San Jose uno;52 el de Sonoma uno; el del Sacramento cuatro; y el de San Joaquin cuatro. Y el distrito de San Diego elijirá un vocal de la asamblea; el de Los Angeles dos; el de Santa Barbara dos; el de San Luis Obispo uno; el de Monterey dos; el de San Jose tres; el de San Francisco cinco; el de Sonoma dos; el del Sacramento nueve; y el de San Joaquin nueve.
S ECT. 15. Until the legislature shall otherwise direct, in accordance with the provisions of this constitution, the salary of the Governor shall be ten thousand dollars per annum; and the salary of the LieutenantGovernor shall be double the pay of a State senator; and the pay of members of the legislature shall be sixteen dollars per diem while in attendance, and sixteen dollars for every twenty miles travel by the usual route from their residences to the place of holding the session of the legislature and in returning therefrom. And the Legislature shall fix the salaries of all officers other than those elected by the people at the first election.
S EC . 15. Mientras la legislatura no disponga otra cosa en conformidad con las prevenciones de esta Constitucion, el salario del gobernador será diez mil pesos al año, y el del vice-gobernador será el duplo del pago de un Senador del estado, y el pago de los vocales de la legislatura será diez y seis pesos al dia durante su asistencia y diez y seis pesos por cada veinte millas que tengan que andar por el camino usual, desde el lugar de su residencia hasta el de las sesiones de la legislatura y en su regreso. Y la legislatura fijara los salarios de todos los demas empleados, menos de los que elija el pueblo en la primera eleccion.
S ECT. 16. The limitation of the powers of the legislature contained in Article VIII of this constitution, shall not extend to the first legislature elected under the same, which is hereby authorized to negociate for such amount as may be necessary to pay the expenses of the State Government.
S EC . 16. La limitacion de los poderes de la legislatura contenida en el articulo 8o . de esta Constitucion, no se hara estensiva á la primera legislatura eligida en virtud de la misma, y por las presentes queda autorizada esta legislatura para negociar la cantidad que sea necesaria para pagar los gastos del Gobierno del Estado.
R. SEMPLE, President [of the Convention]18 , and Delegate from Benicia.
R. SEMPLE, President and Delegate from Benicia.
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C ONSTITUCIÓN DE C ALIFORNIA (1849) W M. G. MARCY, Secretary. Joseph ARAM19 Chs. T. BOTTS Elam BROWN José Ant. CARRILLO, José M. COVARRUBIAS Elisha O. CROSBY Pablo de la GUERRA Lewis DENT Man. DOMINGUEZ Kimball H. DIMMICK A. J. ELLIS, Stephen C. FOSTER Edw. GILBERT Wm. M. GWINN H. W. HALLECK Julian HANKS L. W. HASTINGS Henry HILL Joseph HOBSON J. McHenry HOLLINGSWORTH J. D. HOPPE Jas. McHall JONES Thomas O. LARKIN Francis J. LIPPITT
Benj. S. LIPPINCOTT M. M. McCARVER John MCDOUGAL Benj. F. MOORE Myron NORTON Pacificus ORD Miguel de PEDRORENA Antonio M. PICO Rodman M. PRICE Hugh REID Jacinto RODRIGUEZ Pedro SANSEVAINE20 William E. SHANNON Winfield Scott SHERWOOD Jacob R. SNYDER Abel STEARNS Wm. M. STEUART Henry A. TEFFT Thos. L. VERMULE M. G. VALLEJO J. P. WALKER O. M. WOZENCRAFT
WM. G. MARCY, Secretary. Joseph ARAM Charles T. BOTTS Elam BROWN Elisha O. CROSBY José Ma. COVARRUBIAS Stephen C. FOSTER Pablo de la GUERRA Lewis DENT Kimball H. DIMMICK A. J. ELLIS José. Anto . CARRILLO Wm. M. GWIN Edw’d . GILBERT Henry HILL J. D. HOPPE Joseph HOBSON Julian HANKS H. W. HALLECK L. W. HASTINGS J. McHenry HOLLINGSWORTH Jas . McHALL JONES Thomas O. LARKIN Francis J. LIPPITT Benj. S. LIPPINCOTT
Benj. S. MOORE Rodman M. PRICE John McDOUGAL Manuel DOMINGUEZ Myron NORTON Pacificus ORD Miguel de PEDRORENA M. M. McCARVER Antonio Ma. PICO Jacinto RODRIGUEZ Hugh REID J. A. SUTTER Jacob R. SNYDER Winfield Scott SHERWOOD William E. SHANNON Abel STEARNS Pedro SANSEVAINE53 Wm M STEUART H. A. TEFFT54 M. G. VALLEJO Thos. L. VERMULE J. P. WALKER O. M. WOZENCRAFT
W. E. P. HARTNELL Translator for the Convention 1
Verified by Constitution of the State of California, San Francisco: Printed at the Office of the Alta California, 1849, 16 p., and corrected according to the original manuscript as preserved in the California State
1
Verified by Constitucion del Estado de California, San Francisco: Imprenta del oficio de Alta California, 1849, 16 p., and corrected according to the original manuscript as preserved in the California State Archi-
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C ALIFORNIA Archives at Sacramento, CA. Also checked against the version as published in Report of the Debates in the Convention of California, on the Formation of the State Constitution, in September and October, 1849, ed. by J. Ross Browne, Washington: Printed by John T. Towers, 1850, iii-xiii. Spelling, capitalization, and punctuation as in the original manuscript. Italics indicate emphasis given in the original manuscript. Without preceding territorial organization and without being authorized by an enabling act of Congress, the Convention met at Monterey from September 1 through October 13, 1849. The Constitution was ratified by the people on November 13, 1849 by a vote of 12,061 for, 811 against it. It was proclaimed ratified on December 12, 1849. It took months of fierce political debate in working out the Compromise of 1850 until California was admitted into the Union on September 9, 1850 as thirty-first state (cf. Myra K. Saunders, “California Legal History: The California Constitution of 1849”, in: Law Library Journal, 90 [1998], 447–480, with an extensive bibliographic appendix). The Constitution remained in force until being replaced by the Constitution of 1879. Before the outbreak of the Civil War one amendment was added in 1857 (q. v.). 2 This refers to the Treaty of Peace, Friendship, Limits, and Settlement with the Republic of Mexico, signed at Guadalupe Hidalgo on February 2, 1848, cf. The Statutes at Large and Treaties of the United States of America, IX: From December 1, 1845, To March 3, 1851, 2nd ed., Boston: Little, Brown and Company, 1862, 922–943. On citizenship of Mexicans staying in the territory and wishing to become U.S. citizens, cf. art. VIII and IX of the treaty, ibid., 929–930. The ratifications were exchanged at Querétaro on May 30, 1848. 3 In Constitution of the State of California, 6, and in Report of the Debates in the Convention of California, ed. by Browne, vi, “office”. 4 In Constitution of the State of California, 10, and in Report of the Debates in the Convention of California, ed. by Browne, viii, “or”. 5 In Constitution of the State of California, 10, and in Report of the Debates in the Convention of California, ed. by Browne, viii, “courts”. 6 In Constitution of the State of California, 10, and in Report of the Debates in the Convention of California, ed. by Browne, viii, “courts”. 7 In Constitution of the State of California, 10, and in Report of the Debates in the Convention of California, ed. by Browne, ix, “court”. 8 In Constitution of the State of California, 11, and in Report of the Debates in the Convention of California, ed. by Browne, ix, “all the”. 9 In Constitution of the State of California, 11, and in Report of the Debates in the Convention of California, ed. by Browne, ix, word missing. 10 United States Statutes at Large, 27th Congress, Sess.
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ves at Sacramento, CA. Spelling, capitalization, and punctuation follow the manuscript. Obvious errors in writing were disregarded and those in printing not commented upon. Curly brackets were used when square brackets were inserted in the manuscript. Italics were used when emphasis was given in the manuscript. I wish to express my very special thanks to Margarita Cortés Suárez, University of Kassel, who carefully read the manuscript and was most helpful in editing the Spanish translation of the California Constitution. 2 In English original “discrimination”. 3 In English original “writ”. 4 In Alta California print, 3, “casos”. 5 In English original “and”. 6 In Alta California print, 3, “le obligara”. 7 In English original “due process of law”. 8 In Alta California print, 4, “adherirse”. 9 In Alta California print, 5, “o de las, de los”. 10 Omitted in manuscript and in print, 5, “nor while a student of any seminary of learning;”. 11 In English original “members”. 12 In Alta California print, 6, “cualquiera”. 13 In English original “house”. 14 Omitted in manuscript and in print, 6, “than that in which they may be sitting”. 15 Omitted in manuscript and in print, 6, “LieutenantGovernor, Secretary of State, Comptroller, Treasurer, Attorney General, Surveyor General, Justices of the Supreme Court and Judges of the District Courts”. 16 Omitted in manuscript and print, 6, “or”. 17 In English original “expenditures”. 18 In English original “partnerships”. 19 In English original “charter”. 20 In English original “associations”. 21 In English original “bill, check, ticket”. 22 In manuscript word missing. 23 In English original “expedient”. 24 In English original “impeachment”. 25 In Alta California print, 9, “cualquiera”. 26 In English original “dollars”. 27 In English original “improvement”. 28 In English original “common schools”. 29 In Alta California print, 12, word missing. 30 In Alta California print, 12, “convenga”. 31 In English original “next”. 32 In English original “the”. 33 In English original “members”. 34 In English original “aid”. 35 In English original “to the best of my ability”. 36 In English original “public trust”. 37 In English original “jointly and individually”. 38 In English original “declared”. 39 In Alta California print, 13, “rapasar”. 40 In Alta California print, 14, “pesara”. 41 In English original “perpetuities”. 42 In English original “provisions”. 43 In English original “Schedule”.
C ONSTITUTION OF C ALIFORNIA (1849) I, Ch. 16, sect. 8. In Report of the Debates in the Convention of California, ed. by Browne, xi, “claimed by marriage”. 12 On the heavily debated California boundary question in the Convention, cf. David Alan Johnson, Founding the Far West: California, Oregon, and Nevada, 1840–1890, Berkeley, CA: University of California Press, 1992, esp. 130–137, 372–373. 13 The treaty referred to is that of Guadalupe Hidalgo of February 2, 1848 (cf. note 2), art. V (The Statutes at Large and Treaties of the United States of America, IX, 926–927). 14 In Constitution of the State of California, 14, and in Report of the Debates in the Convention of California, ed. by Browne, xi, “Pacific Coast”. 15 In Report of the Debates in the Convention of California, ed. by Browne, xii, word missing. 16 In Constitution of the State of California, 15, and in Report of the Debates in the Convention of California, ed. by Browne, xii, “Prefect, Sub-Prefect”. 17 In Constitution of the State of California, 16, and in Report of the Debates in the Convention of California, ed. by Browne, xiii, word missing. 18 In Constitution of the State of California, 16, and in Report of the Debates in the Convention of California, ed. by Browne, xiii, words in square bracket added. 19 Names of signers according to their signatures on the original manuscript with minor deviations in first names from printed list in Constitution of the State of California, 16, and in Report of the Debates in the Convention of California, ed. by Browne, xiii. Cf. the list of members of the Convention as published in Report of the Debates in the Convention of California, ed. by Browne, 478–479. 20 In Constitution of the State of California, 16, and in Report of the Debates in the Convention of California, ed. by Browne, xiii, Convention delegate who failed to sign the original manuscript cf. J. N. Bowman, “The Original Constitution of California of 1849”, in: California Historical Society Quarterly, 28 (1949), 193. 11
44
In English original “the term of residence necessary”. 45 In English original “requested”. 46 In English original “board of canvassers”. 47 In English original “immediately publish”. 48 In English original “immediately after”. 49 In Alta California print, 15, whole sec. 7 omitted and Sec. 8–13 misnumbered as Sec. 7–12; on p. 16, Sec. 14–16 misnumbered as Sec. 15–17. 50 In English original “members”. 51 In English original “body”. 52 In Alta California print, 16, sequence of last two districts restored according to English original. 53 In manuscript name deleted. 54 In manuscript name deleted.
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Amendment of 1857 [Amendment to the Constitution of California]1
Section two of Article ten, is amended so as to read as follows:
stitution to be the Constitution of the State of California.
S ECT. 2. And if, at any time, two-thirds of the Senate and Assembly shall think it necessary to revise and change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention, and if it shall appear that a majority of the electors, voting at such election, have voted in favor of calling a Convention, the Legislature shall, at its next session, provide, by law, for calling a Convention, to be holden within six months after the passage of such law; and such Convention shall consist of a number of members, not less than that of both branches of the Legislature. The Constitution that may have been agreed upon and adopted by such Convention, shall be submitted to the people, at a special election, to be provided for by law, for their ratification or rejection; each voter shall express his opinion by depositing in the ballot-box a ticket, whereon shall be written or printed, the words “For the new Constitution,” or “Against the new Constitution.” The returns of such election shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer and Secretary of State, and compare the votes so certified to him. If, by such examination, it be ascertained that a majority of the whole number of votes cast at such election, be in favor of such new Constitution, the Executive of this State shall, by his proclamation, declare such new Con-
1
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Verified by The Statutes of California, Passed at The Seventh Session of the Legislature, Begun on the Seventh Day of January, One Thousand Eight Hundred and Fifty-Six, and Ended on the Twenty-First Day of April, One Thousand Eight Hundred and Fifty-Six, at the City of Sacramento, Sacramento: James Allen, State Printer, 1856, 138–139. The amendment was approved by the legislature on April 19, 1856 and adopted by the people on November 4, 1856, with 32,349 votes for, 2,882 votes against (Sec. of State – Elections, ODC 1:16–2 [1856:3], California State Archives, Sacramento, CA). According to law it was declared part of the Constitution in January, 1857. No Spanish version of the amendment is known to have existed. On March 20, and on April 12, 1855, the legislature had proposed the following four other amendments, which were not approved by the subsequent legislature in 1856: “Amendment 1. Section 2 of Article 4 is amended so as to read as follows: Section 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday of January next ensuing the election of its members, unless the Governor of the State shall, in the interim, convene the Legislature by proclamation.– Amendment 2. Section 3 of Article 4 is amended so as to read as follows: Section 3. The members of the Assembly shall be chosen by the qualified electors of their respective districts, on the first Wednesday of September, one thousand eight hundred and fifty-seven, unless otherwise ordered by the Legislature, and biennially thereafter, and their term of office shall be two years.– Amendment 3. Section 5 of Article 4 is amended so as to read as follows: Section 5. Senators shall be chosen for the term of four years, at the same time and place as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State two years, and of the county and district for which he shall be chosen one year next preceding his election.– Amendment 4. Section 6 of Article 4 is amended so as to read as follows: Section 6. The number of Senators shall not be less than one third nor more than one half of members of the Assembly, and, at the first session of the Legislature after this amendment takes effect, Senators shall be divided, by
A MENDMENT OF 1857 lot, as equally as may be, into two classes. The seats of the Senators of the first class shall be vacated at the expiration of two years, so that one half, as nearly as may be, shall be chosen biennially.” Another amendment was proposed on April 24, and April 28, 1855, which also failed to be approved in the 1856 session: “Amendment 1. Section 3 of Article 11 of the Constitution of the State of California is hereby amended so as to read as follows: Section 3. Members of the Legislature and all officers elected or appointed shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: I, ——– , do solemnly swear that I will faithfully discharge and perform all the duties incumbent on me as ——– , agreeably to the Constitution of
the United States and of this State, and that, since the adoption of this amendment to the Constitution, I have not fought a duel with deadly weapons, within this State or out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, or aided, or advised, or assisted any person thus offending, so help me God. And no other oath, declaration or test shall be required as qualification for any office of public trust” (The Statutes of California, Passed at The Sixth Session of the Legislature, Begun on the First Day of January, One Thousand Eight Hundred and Fifty-Five, and Ended on the Seventh Day of May, One Thousand Eight Hundred and Fifty-Five, at the City of Sacramento, Sacramento: B. B. Redding, State Printer, 1855, 311–312).
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Constitution of Connecticut (1818) The Constitution of Connecticut1 PREAMBLE The people of Connecticut acknowledging with gratitude, the good providence of God, in having permitted them to enjoy a free government, do, in order more effectually to define, secure, and perpetuate the liberties, rights and privileges which they have derived from their ancestors hereby, after a careful consideration and revision ordain and establish the following Constitution and form of Civil Government.
ARTICLE I Declaration of Rights That the great and essential principles of liberty and free government may be recognized and established, We Declare, S ECT. 1. That all men when they form a social compact are equal in rights, and that no man or set of men are entitled to exclusive public emoluments or privileges from the community. S ECT. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit, and that they have at all times an undeniable and indefeasible right to alter their form of government in such manner as they may think expedient.
S ECT. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in this state, provided that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state. S ECT. 4. No preference shall be given by law to any christian sect or mode of worship. S ECT. 5. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. S ECT. 6. No law shall ever be passed to curtail or restrain the liberty of speech or of the press. S ECT. 7. In all prosecutions or indictments for libels, the truth may be given in evidence, and the jury shall have the right to determine the law and the facts under the direction of the court. S ECT. 8. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, nor without probable cause supported by oath or affirmation. S ECT. 9. In all criminal prosecutions, the accused shall have a right to be heard by himself and by counsel; to demand the nature and cause of the accusation; to be
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C ONNECTICUT confronted by the witnesses against him; to have compulsory process to obtain witnesses in his favour; and in all prosecutions by indictment or information, a speedy public trial by an impartial jury. He shall not be compelled to give evidence against himself, nor be deprived of life, liberty or property, but by due course of law. And no person shall be holden to answer for any crime the punishment of which may be death or imprisonment for life unless on a presentment or an indictment of a grand jury; except in the land or naval forces, or in the militia when in actual service in time of war, or public danger.
common good, and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address or remonstrance.
S ECT. 10. No person shall be arrested, detained or punished, except in cases clearly warranted by law.
S ECT. 20. No hereditary emoluments, privileges or honors, shall ever be granted, or conferred in this state.
S ECT. 11. The property of no person shall be taken for public use, without just compensation therefor. S ECT. 12. All courts shall be open, and every person, for an injury done him in his person, property or reputation, shall have remedy by due course of law and right and justice administered without sale, denial or delay. S ECT. 13. Excessive bail shall not be required, nor excessive fines imposed. S ECT. 14. All prisoners shall, before conviction, be bailable by sufficient sureties, except for capital offences, where the proof is evident, or the presumption great, and the privileges of the writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it, nor in any case, but by the2 legislature. S ECT. 15. No person shall be attained of treason or felony, by the legislature. S ECT. 16. The citizens have a right, in a peaceable manner, to assemble for their
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S ECT. 17. Every citizen has a right to bear arms in defence of himself and the state. S ECT. 18. The military shall, in all cases, and at all times, be in strict subordination to the civil power. S ECT. 19. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.
S ECT. 21. The right of trial by jury shall remain inviolate.
ARTICLE II Of the Distribution of Powers The powers of government shall be divided into three distinct departments, and each of them confided to a separate magistracy, to wit, those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
ARTICLE III Of the Legislative Department S ECT. 1. The legislative power of this state shall be vested in two distinct houses or branches; the one to be styled The Senate, the other, The House of Representatives, and both together The General Assembly. The style of their laws shall be, Be it enacted by the Senate and House of Representatives in General Assembly convened.
C ONSTITUTION OF C ONNECTICUT (1818) S ECT. 2. There shall be one stated session of the General Assembly, to be holden in each year, alternately at Hartford and New Haven, on the first Wednesday of May, and at such other times as the General Assembly shall judge necessary; the first session to be holden at Hartford: but the person administering the office of Governour, may, on special emergencies, convene the General Assembly at either of said places, at any other time. And in case of danger from the prevalence of contagious diseases in either of said places, or other circumstances, the person administering the office of Governour, may, by proclamation, convene said assembly at any other place in this state. S ECT. 3. The House of Representatives shall consist of electors residing in towns from which they are elected. The number of representatives from each town shall be the same as at present practised and allowed. In case a new town shall hereafter be incorporated, such new town shall be entitled to one representative only; and if such new town shall be made from one or more towns, the town or towns from which the same shall be made, shall be entitled to the same number of representatives as at present allowed, unless the number shall be reduced by the consent of such town or towns. S ECT. 4. The Senate shall consist of twelve members, to be chosen annually by the electors. S ECT. 5. At the meetings of the electors, held in the several towns in this state in April annually, after the election of representatives, the electors present shall be called upon to bring in their written ballots for Senators. The presiding officer shall receive the votes of the electors, and count and declare them in open meeting. The presiding officer shall also make duplicate lists of the persons voted for, and of the number of votes for each, which shall be certified
by the presiding officer; one of which lists shall be delivered to the town clerk, and the other within ten days after said meeting, shall be delivered under seal, either to the Secretary, or to the Sheriff of the county in which said town is situated; which list shall be directed to the Secretary, with a superscription expressing the purport of the contents thereof: and each Sheriff, who shall receive such votes, shall within fifteen days after said meeting, deliver, or cause them to be delivered, to the Secretary. S ECT. 6. The Treasurer, Secretary and Controller, for the time being, shall canvass the votes publicly. The twelve persons having the greatest number of votes for Senators, shall be declared to be elected. But in cases where no choice is made by the electors in consequence of an equality of votes, the house of representatives shall designate, by ballot, which of the candidates having such equal number of votes, shall be declared to be elected. The return of votes, and the result of the canvass, shall be submitted to the house of representatives, and also to the Senate, on the first day of the session of the General Assembly; and each house shall be the final judge of the election returns and qualifications of its own members. S ECT. 7. The House of Representatives, when assembled, shall choose a Speaker, Clerk, and other officers. The Senate shall choose its Clerk, and other officers, except the President. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such manner, and under such penalties, as each house may prescribe. S ECT. 8. Each house shall determine the rules of its own proceedings, Punish3 members for disorderly conduct, and, with
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C ONNECTICUT the consent of two thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the legislature of a free and independent state. S ECT. 9. Each house shall keep a journal of its proceedings, and publish the same, when required by one fifth of its members, except such parts as in the judgment of a majority require secrecy. The yeas and nays of the members of either house shall, at the desire of one fifth of those present, be entered on the journals. S ECT. 10. The Senators and Representatives shall, in all cases of civil process, be privileged from arrest, during the session of the General Assembly, and for four days before the commencement, and after the termination of any session thereof. And for any speech or debate in either house, they shall not be questioned in any other place. S ECT. 11. The debates of each house shall be public, except on such occasions as in the opinion of the house may require secrecy.
ARTICLE IV Of the Executive Department S ECT. 1. The supreme executive power of the state shall be vested in a Governour, who shall be chosen by the electors of the state, and shall hold his office for one year from the first Wednesday of May next succeeding his election, and until his successor be duly qualified. No person who is not an elector of this state, and who has not arrived at the age of thirty years, shall be eligible. S ECT. 2. At the meetings of the electors in the respective towns in the month of April in each year, immediately after the
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election of Senators, the presiding officers shall call upon the electors to bring in their ballots for him whom they would elect to be Governour, with his name fairly written. When such ballots shall have been received and counted in the presence of the electors, duplicate lists of the persons voted for, and of the number of votes given for each, shall be made and certified by the presiding officer, one of which lists shall be deposited in the office of the town clerk within three days, and the other, within ten days after said election, shall be transmitted to the Secretary, or to the sheriff of the county, in which such election shall have been held. The sheriff receiving said votes shall deliver, or cause them to be delivered to the Secretary, within fifteen days next after said election. The votes so returned shall be counted by the Treasurer, Secretary and Controller, within the month of April. A fair list of the persons and number of votes given for each, together with the returns of the presiding officers, shall be, by the Treasurer, Secretary and Controller, made and laid before the General Assembly, then next to be holden, on the first day of the session thereof; and said Assembly shall, after examination of the same, declare the person whom they shall find to be legally chosen, and give him notice accordingly. If no person shall have a majority of the whole number of said votes, or if two or more shall have an equal and the greatest number of said votes, then said Assembly, on the second day of their session, by joint ballot of both houses, shall proceed, without debate, to choose a Governour from a list of the names of the two persons having the greatest number of votes, or of the names of the persons having an equal and highest number of votes so returned as aforesaid. The General Assembly shall by law prescribe the manner in which all questions concerning the election of a Governour or Lieutenant Governour shall be determined.
C ONSTITUTION OF C ONNECTICUT (1818) S ECT. 3. At the annual meetings of the electors, immediately after the election of Governour, there shall also be chosen in the same manner as is herein before provided for the election of Governour, a Lieutenant Governour, who shall continue in office for the same time, and possess the same qualifications. S ECT. 4. The compensations of the Governour, Lieutenant Governour, Senators and Representatives, shall be established by law, and shall not be varied so as to take effect until after an election, which shall next succeed the passage of the law establishing said compensations. S ECT. 5. The Governour shall be Captain General of the militia of the state, except when called into the service of the United States. S ECT. 6. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices. S ECT. 7. The Governour, in case of a disagreement between the two houses of the General Assembly, respecting the time of adjournment, may adjourn them to such time as he shall think proper, not beyond the day of the next stated session. S ECT. 8. He shall, from time to time, give to the General Assembly, information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. S ECT. 9. He shall take care that the law be faithfully executed. S ECT. 10. The Governour shall have power to grant reprieves after conviction, in all cases except those of impeachment, until the end of the next session of the General Assembly, and no longer.
S ECT. 11. All commissions shall be in the name and by authority of the state of Connecticut: shall be sealed with the state seal, signed by the Governour, and attested by the Secretary. S ECT. 12. Every bill which shall have passed both houses4 of the General Assembly, shall be presented to the Governour. If he approves, he shall sign and transmit it to the Secretary, but if not, he shall return it to the house in which it originated, with his objections, which shall be entered on the journals of the house; who shall proceed to reconsider the bill. If after such reconsideration, that house shall again pass it, it shall be sent, with the objections, to the other house, which shall also reconsider it. If approved, it shall become a law. But in such cases the votes of both houses shall be determined by yeas and nays; and the names of the members voting for and against the bill, shall be entered on the journals of each house respectively. If the bill shall not be returned by the Governour within three days, sundays excepted, after it shall have been presented to him, the same shall be a law in like manner as if he had signed it; unless the General Assembly, by their adjournment, prevents its return, in which case it shall not be a law. S ECT. 13. The Lieutenant Governour shall, by virtue of his office, be President of the Senate, and have, when in committee of the whole, a right to debate, and when the Senate is equally divided, to give the casting vote. S ECT. 14. In case of the death, resignation, refusal to serve, or removal from office of the Governour, or of his impeachment, or absence from the state, the Lieutenant Governour shall exercise the powers and authority appertaining to the office of Governour, until another be chosen at the next periodical election for Governour, and
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C ONNECTICUT be duly qualified; or until the Governour impeached or absent, shall be acquitted or return. S ECT. 15. When the government shall be administered by the Lieutenant Governour, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their members, as President pro tempore. And if during the vacancy of the office of Governour, the Lieutenant Governour shall die, resign, refuse to serve, or be removed from office, or if he shall be impeached, or absent from the state, the President of the Senate pro tempore, shall, in like manner, administer the government until he be superseded by a Governour or Lieutenant Governour. S ECT. 16. If the Lieutenant Governour shall be required to administer the government and shall, while in such administration, die or resign during the recess of the General Assembly, it shall be the duty of the Secretary, for the time being, to convene the Senate for the purpose of choosing a President pro tempore. S ECT. 17. A Treasurer shall annually be chosen, by the electors, at their meeting in April; and the votes shall be returned, counted, canvassed, and declared, in the same manner as is5 provided for the election of Governour and Lieutenant Governour; but the votes for Treasurer shall be canvassed by the Secretary and Controller only. He shall receive all monies belonging to the state, and disburse the same only as he may be directed by law. He shall pay no warrant or order for the disbursement of public money, until the same has been registered in the office of the Controller. S ECT. 18. A Secretary shall be chosen next after the Treasurer, and in the same manner; and the votes for Secretary shall be returned to, and counted, canvassed and declared by the Treasurer and Controller.
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He shall have the safe keeping and custody of the public records and documents, and particularly of the Acts, resolutions and orders of the General Assembly, and record the same; and perform all such duties as shall be prescribed by law. He shall be the keeper of the seal of the state, which shall not be altered. S ECT. 19. A Controller of the public accounts shall be annually appointed by the General Assembly. He shall adjust and settle all public accounts and demands, except grants and orders of the General Assembly. He shall prescribe the mode of keeping and rendering all public accounts. He shall ex officio be one of the auditors of the accounts of the Treasurer. The General Assembly may assign to him other duties in relation to his office, and to that of the Treasurer, and shall prescribe the manner in which his duties shall be performed. S ECT. 20. A Sheriff shall be appointed in each county, by the General Assembly, who shall hold his office for three years, removable by said assembly, and shall become bound, with sufficient sureties, to the Treasurer of the state, for the faithful discharge of the duties of his office, in such manner as shall be prescribed by law: in case the sheriff of any county shall die or resign, the Governour may fill the vacancy occasioned thereby, until the same shall be filled by the General Assembly. S ECT. 21. A statement of all receipts, payments, funds, and debts of the state, shall be published from time to time, in such manner and at such periods, as shall be prescribed by law.
ARTICLE V Of the Judicial Department S ECT. 1. The judicial power of the state
C ONSTITUTION OF C ONNECTICUT (1818) shall be vested in a Supreme Court of Errors, a Superior Court, and such inferiour Courts as the General Assembly shall, from time to time, ordain and establish: the powers and jurisdiction of which Courts shall be defined by law. S ECT. 2. There shall be appointed in each county a sufficient number of Justices of the Peace, with such jurisdiction in civil and criminal cases as the General Assembly may prescribe. S ECT. 3. The judges of the Supreme Court of Errors, of the Superiour and Inferiour Courts, and all Justices of the Peace, shall be appointed by the General Assembly, in such manner as shall by law be prescribed. The judges of the Supreme Court, and of the Superior Court, shall hold their offices during good behaviour; but may be removed by impeachment: and the Governour shall also remove them on the address of two thirds of the members of each house of the General Assembly: All other judges and justices of the peace shall be appointed annually. No judge or justice of the peace shall be capable of holding his office, after he shall arrive at the age of seventy years.
ARTICLE VI Of the Qualifications of Electors S ECT. 1. All persons who have been, or shall hereafter, previous to the ratification of this Constitution, be admitted freemen6 , according to the existing laws of this state, shall be electors. S ECT. 2. Every white male citizen of the United States, who shall have gained a settlement in this state, attained the age of twenty one years, and resided in the town
in which he may offer himself to be admitted to the privilege of an elector, at least six months preceding; and have a freehold estate of the yearly value of seven dollars in this state; or having been enrolled in the militia, shall have performed military duty therein for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been, by authority of law, excused therefrom; or shall have paid a state tax within the year next preceding the time he shall present himself for such admission; and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. S ECT. 3. The privileges of an elector shall be forfeited, by a conviction of bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other offence for which an infamous punishment is inflicted. S ECT. 4. Every elector shall be eligible to any office in this state, except in cases provided for in this Constitution. S ECT. 5. The select men and town clerk of the several towns, shall decide on the qualifications of electors, at such times, and in such manner, as may be prescribed by law. S ECT. 6. Laws shall be made to support the privilege of free suffrage, prescribing the manner of regulating and conducting meetings of the electors, and prohibiting, under adequate penalties, all undue influence therein, from power, bribery, tumult and other improper conduct. S ECT. 7. In all elections of officers of the state, or members of the General Assembly, the votes of the electors shall be by ballot. S ECT. 8. At all elections of officers of the state, or members of the General Assembly, the electors shall be privileged from
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C ONNECTICUT arrest, during their attendance upon, and going to, and returning from the same, on any civil process. S ECT. 9. The meetings of the electors for the election of the several state officers by law annually to be elected, and members of the General Assembly of this state, shall be holden on the first Monday of April each year.
ARTICLE VII (Of Religion)7 S ECT. 1. It being the duty of all men to worship the Supreme Being, the Great Creator and Preserver of the Universe, and their right to render that worship, in the mode most consistent with the dictates of their consciences; no person shall by law be compelled to join or support, nor be classed with, or associated to, any congregation, church or religious association. But every person now belonging to such congregation, church, or religious association shall remain a member thereof until he shall have separated himself therefrom, in the manner herein after provided. And each and every society or denomination of christians in this state, shall have and enjoy the same and equal powers, rights and privileges; and shall have power and authority to support and maintain the ministers or teachers of their respective denominations, and to build and repair houses for public worship, by a tax on the members of any such society only, to be laid by a major vote of the legal voters assembled at any society meeting, warned and held according to law, or in any other manner. S ECT. 2. If any person shall choose to separate himself from the society or denomination of christians to which he may belong, and shall leave a written notice thereof
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with the clerk of such society, he shall thereupon be no longer liable for any future expences which may be incurred by said society.
ARTICLE VIII Of Education S ECT. 1. The charter of Yale College, as modified by agreement with the corporation thereof, in pursuance of an act of the General Assembly, passed in May, 1792, is hereby confirmed. S ECT. 2. The fund, called the School Fund, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public, or common schools throughout the state, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the General Assembly may prescribe, published, and recorded in the Controller’s office; and no law shall ever be made, authorising said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school8 societies, as justice and equality shall require.
ARTICLE IX Of Impeachments S ECT. 1. The House of Representatives shall have the sole power of impeaching. S ECT. 2. All impeachments shall be tried by the Senate. When sitting for that purpose, they shall be on oath or affirmation. No person shall be convicted without the concurrence of two thirds of the members
C ONSTITUTION OF C ONNECTICUT (1818) present. When the Governour is impeached, the Chief Justice shall preside. S ECT. 3. The Governour, and all other executive and judicial officers, shall be liable to impeachment; but judgments in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under this state. The party convicted, shall, nevertheless, be liable and subject to indictment, trial and punishment according to law. S ECT. 4. Treason against the state shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. No conviction of treason, or attainder, shall work corruption of blood, or forfeiture.
ARTICLE X General Provisions S ECT. 1. Members of the General Assembly, and all officers, executive and judicial, shall, before they enter on the duties of their respective offices, take9 the following oath or affirmation, to wit: You do solemnly swear, or affirm, (as the case may be), that you will support the Constitution of the United States, and the Constitution of the State of Connecticut, so long as you continue a citizen thereof: and that you will faithfully discharge, according to the law, the duties of the office of ——– to the best of your abilities. So help you God. S ECT. 2. Each town shall annually elect select men and such officers of local police, as the laws may prescribe.
S ECT. 3. The rights and duties of all corporations shall remain as if this Constitution had not been adopted; with the exception of such regulations and restrictions as are contained in this Constitution. All judicial and civil officers now in office, who have been appointed by the General Assembly, and commissioned according to law, and all such officers as shall be appointed by the said assembly, and commissioned as aforesaid, before the first Wednesday of May next, shall continue to hold their offices until the first day of June next, unless they shall before that time resign, or be removed from office according to law. The Treasurer and Secretary shall continue in office until a Treasurer and Secretary shall be appointed under this Constitution. All military officers shall continue to hold and exercise their respective offices, until they shall resign, or be removed according to law. All laws not contrary to, or inconsistent with, the provisions of this Constitution shall remain in force, until they shall expire by their own limitation, or shall be altered or repealed by the General Assembly, in pursuance of this Constitution10 . The validity of all bonds, debts, contracts, as well of individuals as of bodies corporate, or the state, of all suits, actions, or rights of action, both in law and equity, shall continue as if no change had taken place. The Governour, Lieutenant Governour, and General Assembly, which is to be formed in October next, shall have, and possess, all the powers and authorities, not repugnant to, or inconsistent with this Constitution, which they now have and possess, until the first Wednesday of May next. S ECT. 4. No judge of the Superiour Court, or of the Supreme Court of Errors; no member of Congress; no person holding any office under the authority of the United States; no person holding the office of Treasurer, Secretary, or Controller; no Sheriff or
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C ONNECTICUT Sheriff’s deputy, shall be a member of the General Assembly.
ARTICLE XI Of Amendments to11 the Constitution Whenever a majority of the House of Representatives shall deem it necessary to alter, or amend this Constitution, they may propose such alterations and amendments; which proposed amendments shall be continued to the next General Assembly, and be published with the laws which may have been passed at the same session: and if two thirds of each house, at the next session of said assembly, shall approve the amendments proposed, by yeas and nays, said amendments shall, by the Secretary, be transmitted to the town clerk in each town in this state; whose duty it shall be to present the same to the inhabitants thereof, for their consideration, at a town meeting, legally warned and held for that purpose; and if it shall appear in a manner to be provided by law, that a majority of the electors present at such meetings, shall have approved such amendments, the same shall be valid, to all intents and purposes, as a part of this Constitution. Done in Convention on the fifteenth day of September, in the year of our Lord one thousand eight hundred and eighteen, and of the Independence of the United States the forty-third. By order of the Convention. Oliver Wolcott, President. James Lanman Clerks. Robert Fairchild
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1 Verified by A Constitution of Civil Government, For the People of the State of Connecticut, Framed by a Convention of Their Delegates, and Submitted to the People, For Their Consideration and Adoption. According to the Resolve of the General Assembly, Passed on the Second Thursday of May, A.D. 1818. Published by Order of the Convention, Hartford: Printed by William S. Marsh, [1818], 24 p., and by the identical edition, also published by order of the Convention, Hartford: Printed by E. Babcock, & Son, [1818], and corrected according to the original manuscript preserved in the Connecticut State Library in Hartford, CT. Compared also with the version as published in the internet at http://www.sots.state.ct.us / RegisterManual / SectionI / 1818CTCO.HTM. Spelling, capitalization, and punctuation follow the original manuscript. The Constitution was signed on September 15, 1818. It was adopted by the people on October 5, 1818 by a vote of 13,918 for, 12,364 against and declared the law of the state on October 12, 1818. It was preceded by the Fundamental Orders of January 14, 1639, and the Royal Charter of the Colony of Connecticut of April 23, 1662. Together with Rhode Island, Connecticut remained one of only two states not to adopt a constitution at the time of the American revolution, but considered the state declaration of independence of October, 1776 sufficient for adapting the Charter to the changed situation. Efforts to establish a constitution failed to find a majority before 1818 (cf. J. Hammond Trumbull, Historical Notes on The Constitutions of Connecticut, 1639–1818, Particularly On the Origin and Progress of the Movement which resulted in the Convention of 1818 and the Adoption of the Present Constitution, Hartford: Printed by Order of the Comptroller, 1901). A revision of the Constitution of 1818 failed in 1902, and succeeded in 1965. Before the Civil War twelve amendments were adopted (q. v.), whereas two others failed (q. v.). 2 In internet version word missing. 3 In internet version “and punish”. 4 In internet version word in square brackets. 5 In internet version “it”. 6 In internet version “freeman”. 7 Neither in the Marsh and Babcock prints, 19, nor in the internet version parentheses used. 8 In internet version “schools”. 9 In Marsh and Babcock prints, 21, “takes”. 10 In internet version “condition”. 11 In Marsh and Babcock prints, 23, “of”.
Amendments of 1828 [Articles of Amendment to the Constitution of Connecticut]1
A RT. 1. From and after the first Wednesday of May2 , in the year of our Lord one thousand eight hundred and thirty, the Senate of this State shall consist of not less than eighteen, nor more than twenty-four members, and be chosen by Districts. A RT. 2. The General Assembly which shall be holden on the first Wednesday of May, in the year one thousand eight hundred and twenty-nine, shall divide the State into districts for the choice of Senators, and shall determine what number shall be elected in each, which districts shall not be less than eight, nor more than twentyfour in number, and shall always be composed of contiguous territory, and in forming them no town shall be divided; nor shall the whole or part of one county be joined to the whole or part of an other county, to form a district; regard being had to the population in said apportionment and in forming said districts, in such manner that no county shall have less than two Senators. The districts, when established, shall continue the same until the session of the General Assembly next after the completion of the next census of the United States; which said Assembly shall have power3 to alter the same, if found necessary, to preserve a proper equality between said districts in respect to the number of inhabitants therein, according to the principles above recited; after which said districts shall not be altered, nor the number of Senators altered, except at any session of the General Assembly next after the completion of a census of the United States, and then only according to the principles above prescribed.
A RT. 3. At the meeting of the Electors on the first Monday of April, in the year one thousand eight hundred and thirty, and annually thereafter, immediately after the choice of Representatives, the Electors qualified by law to vote in the choice of such Representatives, shall be called upon, by the presiding officer in such meeting, in the several towns within their districts respectively, to bring in their ballots for such person or number of persons to be Senator or Senators for such districts in the next General Assembly, as shall by law be allowed to such districts respectively; which person or persons, at the time of holding such meetings, shall belong to and reside in the respective districts in which they shall be so ballotted for as aforesaid.– And each Elector present at such meeting, qualified as aforesaid, may thereupon bring in his ballot or suffrage for such person or persons as he shall choose to be Senators for such district, not exceeding the number by law allowed to the same, with the name or names of such person or persons, fairly written on one piece of paper.– And the votes so given in shall be received, counted, canvassed and declared, in the same manner now provided by the Constitution for the choice of Senators. The person or persons (not exceeding the number by law allowed to the districts in which such votes shall be given in) having the highest number of votes, shall be declared to be duly elected for such districts.– But in the event of an equality of votes between two or more of the persons so voted for, the House of Representatives shall in the manner provided
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C ONNECTICUT for by the Constitution, designate which of such person or persons shall be declared to be duly elected. 1
Verified by The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly in 1828, Published by Authority, Hartford: Printed by Charles Babcock, 1828, 175–176, and checked against the version as published in the in-
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ternet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The three articles of amendment were proposed in the May Session 1827, approved in the May Session 1828, and adopted by the people as constitutionally required in November 1828. Before the Civil War only Art. III was altered by Art. VI in 1836 (q. v.). 2 In internet publication “of May” in square brackets. 3 In internet publication “the power”.
Amendment of 1832 [Article of Amendment to the Constitution of Connecticut]1
A RT. 1. There shall annually be chosen and appointed a Lieutenant Governor, a Treasurer, and Secretary, in the same manner as is provided in the second section of the fourth article of the Constitution of this State for the choice and appointment of a Governor. 1
Verified by The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly, in 1832, Published by Authority, Hartford: Printed by Charles Babcock, 1832, 369–370, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The
article of amendment was proposed in the May Session 1831, approved in the May Session 1832, and adopted by the people as constitutionally required in November 1832. Henceforth counted as Art. IV. Before the Civil War it was again altered by Art. VI in 1836 (q. v.). Another article of amendment endorsed by the General Assembly in the May Session of 1831 and pending since 1830 was not approved in the May Session of 1832: “Provided, That no town in this State, shall hereafter be entitled to two representatives in the General Assembly, unless the population of such town, by the last census of the United States, from time to time made, shall amount to two thousand five hundred persons, or more” (The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly, in 1831, Published by Authority, Hartford: Printed by Charles Babcock, 1831, 366).
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Amendments of 1836 [Articles of Amendment to the Constitution of Connecticut]1
The Electors in the respective towns, on the first Monday of April in each year may vote for Governor, Lieutenant Governor, Treasurer, Secretary, Senators and Representatives in the General Assembly successively, or for any number of said officers at the same time, and the General Assembly shall have power to enact laws regulating and prescribing the order and manner of voting for said officers, and also for providing for the election of Representatives at some time subsequent to the first Monday of April in all cases when it shall so happen that the Electors in any town shall fail on that day to elect the Representative or Representatives to which such town shall be by law entitled. Provided, that in all elections of officers of the State, or Members of the General Assembly, the votes of the Electors shall be by ballot, either written or printed.2 A Comptroller of Public Accounts shall be annually chosen by the Electors in their meeting in April, and in the same manner as the Treasurer and Secretary are chosen, and the votes for Comptroller shall be returned to, and counted, canvassed and declared by the Treasurer and Secretary.3 1
Verified by The Public Statute Laws of the State of Connecticut, Passed at the May Session of the General Assembly, 1836, Published by Authority, Hartford: Printed by John B. Eldredge, 1836, 37, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The articles of amendment were proposed in the May Session 1835, approved in the May Session 1836, and adopted by the people as constitutionally required in November 1836. The General Assembly in its May
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Session of 1836 had not approved two other articles of amendment proposed in the May Session of 1835: “The Supreme Court of Errors, and the Superior Court, shall consist of fives judges, one of whom shall be annually appointed by the General Assembly, and who shall hold their offices for the term of five years – to be appointed in the order in which the Legislature shall direct; but may be removed by impeachment; and the Governor shall also remove them, on the address of two-thirds of the members of each House of the General Assembly.” And: “The several towns in this state shall, annually, appoint, by a majority of the votes of all the electors present, residing therein, and qualified to vote in the choice of Representatives therein, a sufficient number of Justices of the Peace within the same, at such time, and in such manner, as shall, by law, be prescribed” (The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly, in 1835, Published by Authority, Hartford: Printed by John Russell, 1835, 590, 591). The General Assembly in its May Session of 1836 proposed instead the following amendment: “The Judges of the Supreme Court and of the Superior Court, shall hold their offices for a term of time not exceeding five years; but may be removed by impeachment: and the Governor shall also remove them on the address of two-thirds of the members of each House of the General Assembly.– The Judges of the Supreme Court and of the Superior Court, who shall be in office at the time of the adoption of this amendment to the Constitution, shall continue in the same, until the session of the General Assembly next after said amendment shall be adopted” (Public Statute Laws Passed in 1836, 41). A modified amendment was adopted in 1856 (q. v.). 2 Henceforth counted as Art. VI. It altered Art. III of 1828 and IV of 1832 of the articles of amendment (q. v.) and was not altered again before the Civil War. The history of this article of amendment went back to 1833, when the General Assembly in its May Session of that year proposed the following amendment: “The General Assembly shall have power to enact laws, providing that the ballots for senators of the several districts, Governor, Lieutenant Governor, Treasurer, Secretary, and members of Congress, may be either written or printed, on one piece of paper, or on separate pieces of paper, to be deposited in one ballot-box, or in separate ballot-boxes.– And the General Assembly shall provide by law, that the ballot boxes to receive the
A MENDMENTS OF 1836 ballots for said offices, shall be kept open at least six hours, and that Representatives in the General Assembly may be chosen, as heretofore practiced, any time during the day of said meeting.– Nothing contained in the 5th section of the third article of the constitution of this State, nor in the 2d, 3d, 17th and 18th sections of the 4th article thereof; nor in the 3d article of the amendments of said constitution, approved on the 1st Monday of November, 1828; nor in the amendment approved on the 1st Monday of November, 1832, nor any part of said constitution, nor of its amendments, shall prevent, or be construed to prevent, the enactment of the laws aforesaid” (The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly, in 1833, Published by Authority, Hartford: Printed by John Russell, 1833, 489). Not being approved in the May Session of 1834, a modi-
fied amendment was proposed: “A RT. 1. The General Assembly shall have power, either to provide that the electors shall, immediately after the choice of Representatives, vote for Senators, a Governor, a Lieutenant Governor, a Treasurer and a Secretary, successively; or to provide that, after the choice of Representatives, as aforesaid, the electors shall vote for any number of said officers at the same time; and that the ballots may be either written or printed, on one or more pieces of paper, and deposited in one or more ballot boxes” (The Public Statute Laws of the State of Connecticut, Passed at the Session of the General Assembly, in 1834, Published by Authority, Hartford: Printed by Wm. G. Comstock, 1834, 552). 3 Henceforth counted as Art. V. It was not altered before the Civil War.
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Amendment of 1838 [Article of Amendment to the Constitution of Connecticut]1
A Sheriff shall be appointed in each County, by the electors therein, in such manner as shall be prescribed by law, who shall hold his office for three years, removable by the General Assembly, and shall become bound with sufficient sureties to the Treasurer of the State, for the faithful discharge of the duties of his office. 1
Verified by The Public Statute Laws of the State of Connecticut, Passed at the May Session of the General Assembly, 1838, Published by Authority, Hartford: Printed by John B. Eldredge, 1838, 11, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The article of amendment was proposed in the May Session 1837, approved in the May Session 1838, and adopted by the people as constitutionally required in October 1838. Henceforth counted as Art. VII. The General Assembly in its May Session of 1838 approved a second article of amendment, which failed, however, to be adopted by the people in October 1839 (q.v.). In that same session, the following amendment, also originally proposed in the May Session of 1837, and modifying proposed amendments of 1835 and of 1836, was not approved: “The Supreme Court of Errors in this State shall be composed of one Chief Judge, and four Associate Judges, to be chosen by the Legislature thereof, as is hereinafter provided. The present Judges of the Supreme Court of Errors, and of the Superior Court, shall hold their offices until the close of the session of the General Assembly next after this amendment to the Constitution shall have been adopted. At which session, the said Assembly shall elect five Judges of the Supreme Court of Errors, who shall also severally be Judges of the Superior Court, one of whom shall hold his office for the term of one year from the rising of said Assembly: one of the term
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of two years therefrom: one for the term of three years: one for the term of four years: and one for the term of five years: designating which shall be the Chief Judge of said Supreme Court of Errors. And annually thereafter, there shall be elected by the General Assembly for the period of five years, one Judge of said Supreme Court of Errors, who shall be a Judge of the Superior Court as aforesaid; But may be removed by impeachment; and the Governor shall remove any of them, on the address of two-thirds of the members of each house of the General Assembly.– 2d. If either of the Judges of the Supreme Court of Errors or Superior Court shall die before the expiration of the term for which he was appointed, or his office in any other way become vacant, his place shall be supplied by the General Assembly, by an appointment for the residue of said term” (The Public Statute Laws of the State of Connecticut, Passed at the May and December Sessions, 1836, and the May Session of the General Assembly, 1837, Published by Authority, Hartford: Printed by John L. Boswell, 1837, 90–91). The General Assembly in its May Session of 1838 proposed instead two further amendments: “A Judge of Probate shall be annually appointed in each Probate District in this State, by the electors resident therein, and the manner of their appointment shall be prescribed by law.” And: “The Justices of the Peace in this State, shall be annually appointed by the electors, in the several towns in which the said Justices reside, and their number, and the manner of their appointment, shall be prescribed by law” (Public Statute Laws Passed in 1838, 57, 58). Both proposed amendments, the second in a different form, were proposed anew in 1846 (cf. Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1846, Published in Conformity with a Resolution of the General Assembly, under the Superintendence of the Secretary of State, New Haven: Osborn & Baldwin, State Printers, 1846, 51, 52), but not approved in 1847, and were, both in the original form, only adopted in October 1850 as Art. IX and X (q. v.).
Failed Amendment of 1839 [Article of Amendment to the Constitution of Connecticut]1
Every white male citizen of the United States, who shall have resided in this State, one year, attained the age of twenty-one years; and resided in the town in which he may offer himself to be admitted to the privilege of an elector, at least six months preceding; and have a freehold estate of the yearly value of seven dollars in this State; or having been enrolled in the militia, shall have performed military duty therein, for the term of one year next preceding the time he shall offer himself for admission, or being liable thereto, shall have been by authority of law, excused therefrom; or shall have paid a State tax within the year next preceding the time he shall present himself for such
admission; and shall sustain a good moral character; shall, on his taking such oath as may be prescribed by law, be an elector. 1
Verified by The Public Statute Laws of the State of Connecticut, Passed at the May Session of the General Assembly, 1838, Published by Authority, Hartford: Printed by John B. Eldredge, 1838, 55. Spelling, capitalization, and punctuation follow the session law volume. The article of amendment was proposed in the May Session 1837 and approved in the May Session 1838. The amendment was proposed to the people by act of May 29, 1839 (cf. Public Acts of the State of Connecticut, Passed May Session, 1839, Hartford: Printed at the Courant Office, 1839, 13–15) but was not adopted as constitutionally required in October 1839. A modified version of the amendment, dropping the property qualification, was adopted in October 1845 as Art. VIII (q. v.).
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Amendment of 1845 [Article of Amendment to the Constitution of Connecticut]1
Every white male citizen of the United States, who shall have attained the age of twenty-one years, who shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself, and shall sustain a good moral character, shall, on his taking such oath as may be prescribed by law, be an elector. 1 Verified by Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1845, Published in Conformity with a Resolution of the General Assembly, under the Superintendence of the Secretary of State, Hartford: Printed by John L. Boswell, State Printer, 1845, 15, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization,
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and punctuation follow the session law volume. The amendment was proposed in the May Session of 1844, approved in the May Session of 1845 and adopted by the people as constitutionally required in October 1845. Henceforth counted as Art. VIII. The attempt to change it immediately in 1846–47 failed (q. v.), while a second in 1855 was successful (q. v.). The article had a remarkable history which started in the May Session 1837, when an amendment altering the second section of the sixth article was first proposed including a property qualification, which was approved in the May Session 1838, but rejected by the people in October 1839 (q. v.). The General Assembly in its May Session of 1842 proposed a new version, this time without a property qualification and identical with the one adopted in 1845, which, however, was not approved as constitutionally required by the May Session in 1843. Instead, it proposed the amendment anew, with the same result in 1844, which a third time proposed the amendment that was finally approved in 1845 (cf. Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1842, Hartford: Press of Elihu Geer, 1842, 65; id., 1843, 47; id., 1844, 43).
Failed Amendment of 1847 [Article of Amendment to the Constitution of Connecticut]1
Every male citizen of the United States, who shall have attained the age of twentyone years, who shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding the time he may so offer himself, and shall sustain a good moral character, shall on taking such oath as may be prescribed by law, be an elector. 1
Verified by Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1847, Published in Conformity with a Resolution of the General Assembly, under the Superintendence of the Secretary of State, Hartford: Printed by John L. Boswell, State Printer, 1847, 14–15. Spelling, capitalization, and punctuation follow the session law volume. The article of amendment, suggesting to alter Art. VIII, adopted in October 1845 (q. v.) and extending the right to vote to people of color, was proposed in the May Session 1846, approved in the May Session 1847, but was not adopted as constitutionally required in October 1847. A modified version of the amendment, coming close to universal adult manhood suffrage, was adopted in October 1855 as Art. XI (q. v.). None of the following three other proposed amendments of the May Session of 1846 were approved in the May Session of 1847: “That there shall be one stated session of the General Assembly, to be holden in each year alternately at Hartford and New Haven, on the first Wednesday of December, and at such other times as the General Assembly shall judge necessary. The session holden on the first Wednesday of December, 1848, shall be holden at Hartford. On special emergencies or in case of danger, the person administering the office of Governor may convene the General Assembly as is now provided by the Constitution.– The Governor of this state shall hold his office for one year from the first Wednesday of December next succeeding his election, and until his successor be duly qualified: and the Governor, Lieutenant Governor, members of the General Assembly, Treasurer, Secretary and Comptroller who may be appointed by the electors in April, 1848, or by the General Assembly in May, 1848, may hold their offices until the first Wednesday of December,
1848; and all the officers appointed by the General Assembly or either branch thereof, at their session in May, 1848, who by the Constitution are to be appointed annually, shall hold their offices until the 20th day of January, 1849.– The persons who hold the office of Sheriff in the several counties on the second day of June, 1848, shall, unless otherwise removed, hold their said offices till the first day of January next after their respective terms of office would expire by virtue of the existing provisions of the Constitution.– That the annual meetings of the electors for the election of the several officers by them to be chosen at any annual electors’ meeting shall be holden on the first Monday of November in each year, and not on the first Monday of April in each year; and all the proceedings respecting return, canvassing and counting of votes now required by the Constitution to be had in the month of April, shall hereafter be had in the month of November. And the General Assembly shall have power to enact laws providing for the election of Representatives at some time subsequent to the first Monday in November, in all cases when it shall so happen that the electors in any town shall fail on that day to elect the representative or representatives to which such town shall be by law entitled.” And: “The several towns in this state shall annually appoint, by a majority of the votes of all the electors present, residing therein and qualified to vote in the choice of Representatives therein, a sufficient number of Justices of the Peace within the same, at such time and in such manner as shall by law be prescribed.” And: “The Judges of Probate shall severally be appointed by the electors residing in the several Probate Districts, and qualified to vote for Representative therein, in such manner as shall be prescribed by law” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1846, Published in Conformity with a Resolution of the General Assembly, under the Superintendence of the Secretary of State, New Haven: Osborn & Baldwin, State Printers, 1846, 49–50, 51, 52). While the first proposed amendment was reintroduced in a slightly modified form in 1851 (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1851, Hartford: Boswell and Faxon, 1851, 67–68), and was again not approved by the subsequent General Assembly, the second, in a somewhat different form, and the third proposed amendment had already been unsuccessfully proposed in 1838 (q. v.). They were anew, in its original form, proposed in 1849 and adopted as Art. IX and X in 1850 (q. v.).
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Amendments of 1850 [Articles of Amendment to the Constitution of Connecticut]1
The Judges of Probate shall be appointed by the electors residing in the several probate districts, and qualified to vote for representatives therein, in such manner as shall be prescribed by law. The Justices of the Peace, for the several towns in this State, shall be appointed by the electors in such towns; and the time and the manner of their election, the number for each town, and the period for which they shall hold their offices, shall be prescribed by law. 1
Verified by Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1850, New Haven: Osborn and Baldwin, State Printers, 1850, 12, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The articles of amendment were proposed in the May Session of 1849, approved in the May Session of 1850 and adopted by the people as constitutionally required in October 1850. Henceforth counted as Art. IX and X. Attempts to introduce these amendments reach back to 1838 (q. v.). The May Session of 1850 did not approve another amendment proposed in 1849: “An election for delegates to a convention to revise and amend the Constitution of this state, shall be holden on the first Tuesday of September, in the year eighteen hundred and fifty-one, in the same manner and under the same regulations, as meetings for the choice of representatives to the General Assembly are now holden, provided only, that the electors of each town may select their delegates from the state at large. Each town shall be entitled to the same number of delegates to said convention as the number of representatives to which it is entitled in the General Assembly, and the delegates shall receive the same remuneration as is allowed to said representatives. All electors qualified to vote for representatives shall be entitled to vote for delegates to said convention. Said convention shall be holden in the Representatives’ Hall, in Hartford, on the first Tuesday in October, in the year eighteen hundred and
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fifty-one; it shall appoint a president, and such other officers as it may deem expedient, who shall be paid a reasonable compensation for their services; its debates shall be public; it shall keep a journal of its proceedings and publish the same; it shall determine the rules of its own proceedings, and shall have all other powers necessary to the proper execution of its functions.– The revised and amended Constitution, framed by said convention, shall be submitted to the electors of this state, in such manner, and at such time, not less than three or more than six months from the rising of said convention, as said convention shall provide; and if said revised and amended Constitution shall be approved by a majority of the electors, it shall, from and after the time such approval has been duly ascertained, and publicly proclaimed in a manner to be provided by said convention, be established and ordained as the only Constitution of the State of Connecticut” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1849, Hartford: Courant Office Press, 1849, 50–51). The proposed amendment was repeated almost verbatim, again without being approved by the subsequent session in the May Session of 1855: “An election for delegates to a convention to revise and amend the constitution of this state, shall be holden on the first Monday of October, in the year eighteen hundred and fifty-seven, in the same manner and under the same regulations as meetings for the choice of representatives to the general assembly are now required to be holden. Each town shall be entitled to the same number of delegates to said convention as the number of representatives to which it is entitled in the general assembly, and the delegates shall receive the same remuneration as is allowed to representatives. All electors qualified to vote for representatives shall be entitled to vote for delegates to said convention. Said convention shall be holden in the Representatives’ Hall, in Hartford, on the first Tuesday in October, (November?) in the year eighteen hundred and fifty-seven. Said convention shall appoint a president and such other officers as it may deem necessary who shall be paid a reasonable compensation for their services; its debates shall be public; it shall keep a journal of its proceedings and publish the same; it shall determine the rules of its own proceedings, and shall have all other powers necessary to the proper execution of its functions.– The revised and amended constitution framed by said convention, shall be submitted to
A MENDMENTS OF 1850 the electors of this state in such manner, and at such time, as said convention shall provide; and if said revised and amended constitution shall be approved by a majority of the electors, it shall, from and after the time of such approval has been duly ascertained and publicly proclaimed in a manner to be provided by said convention, be established and ordained as the only constitution of the state of Connecticut” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1855, Hartford: Thomas M. Day, State Printer, 1855, 135–136). A first attempt for revising the respective clauses in the Constitution had already been undertaken unsuccessfully in the previous year, without being approved in 1849: “At the annual meeting of electors, for the choice of state officers, to be held in the year eighteen hundred and fifty, – and on each twentieth year thereafter, – and also, at such time as the Legislature may by law provide, the question, ‘Shall there be a convention to revise the Constitution of the State and amend the same?’ shall be decided by the electors qualified to vote for members of the General Assembly. And in case the majority of the electors,
so qualified, voting at such election, shall decide in favor of a convention for such purpose; the General Assembly at its next session shall provide by law for the election of delegates to such convention” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1848, Published in Conformity with a Resolution of the General Assembly, under the Superintendence of the Secretary of State, New Haven: Babcock & Wildman, State Printers, 1848, 79). The General Assembly in its May Session of 1850 proposed, instead, an amendment which was not approved in the subsequent session: “No member of the General Assembly, during the time he shall be such member, shall be eligible by the General Assembly either to the office of Senator to the Congress of the United States, or to that of Judge of the Superior or County Court, or to that of County Commissioner, or Commissioner of any railroad company, or State Prison Director, or Commissioner on Banks” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1850, 73).
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Amendment of 1855 [Article of Amendment to the Constitution of Connecticut]1
Every person shall be able to read any article of the constitution or any section of the statutes of this state before being admitted as an elector. 1
Verified by Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1855, Hartford: Thomas M. Day, State Printer, 1855, 131, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The article of amendment was proposed in the May Session of 1854, approved in the May Session of 1855 and adopted by the people as constitutionally required in October 1855. Henceforth counted as Art. XI. As a matter of fact this article, which appears to broadly extend suffrage, was considered to be only the second part of two amendments proposed together in 1854, the first part of which took up the failed amendment of 1847 (q. v.): “Every male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector at least six months next preceding the time he may so offer himself; and shall sustain a good moral character, shall, on his taking such oaths as may be prescribed by law, be an elector” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1854, New Haven: Babcock & Wildman, State Printers, 1854, 138). Failing to see the first part approved, the General Assembly in its May Session of 1855 proposed a new amendment, integrating both parts in one amendment under the dictates of the Know Nothings with restricted citizenship requirements: “Every male person born in the United States, or of parents who are citizens of the United States, who shall have attained the age of twenty-one years, and every male person, who shall have resided in the United States for a period of twenty-one years and shall have been naturalized under the laws of the United States, who shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time he may so offer himself, and shall be able to read any article of the constitution of this state, and shall sustain a good moral
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character, shall, on his taking such oath as may be prescribed by law, be an elector” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1855, 137). The amendment, not being approved in 1856, was again proposed in a slightly different form in the May Session of 1858: “Every male person born in the United States, or of parents who are citizens of the United States, who shall have attained the age of twenty-one years, and every male person who shall have been naturalized under the laws of the United States, shall, on his taking such oath as may be prescribed by law, be admitted as an elector in this state. Provided, he shall have resided in this state for a term of one year next preceding, and in the town in which he may offer himself to be admitted, at least six months next preceding the time he may so offer himself; and provided further, that he shall be able to read any article of the Constitution of this state, in the English language, and shall sustain a good moral character.” It was seconded by another amendment proposed during the same session: “No person naturalized under the laws of the United States shall be admitted to the privileges of an elector in this state, unless he shall have resided in this state for the term of one year continuously after being so naturalized, and shall also have the other qualifications required for electors” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1858, New Haven: Babcock & Sizer, State Printers, 1858, 57–58). Both not approved in the subsequent session, the General Assembly in its May Session of 1860 proposed the amendment anew, this time without the excesses of Know Nothingism and strictly redrawn in the phrasing of 1847/1855: “Every male citizen of the United States who shall have attained the age of twenty-one years, who shall have resided in this State for a term of one year next preceding, and in the town in which he may offer himself to be admitted to the privileges of an elector, at least six months next preceding the time at which he may so offer himself, and shall be able to read any article of the Constitution, or any section of the Statues of this State, and shall sustain a good moral character, shall, on taking such oath as may be prescribed by law, become an elector” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1860, New Haven: Carrington & Hotchkiss, State Printers, 1860, 99). The proposal, again, failed to become approved in the subsequent
A MENDMENT OF 1855 session.– The General Assembly in its May Session of 1855 had also failed to approve another proposed amendment of 1854: “That each town in this State shall be entitled to one representative only in the General Assembly” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1854, 138), which in a modified version was proposed anew in the May Session of 1858: “The House of Representatives shall consist of electors residing in towns from which they are elected.– On and after the first Wednesday in May, A. D. 1860, each town in this state shall be entitled to one representative only in the General Assembly” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1858, 57). Again, it was not approved by the subsequent General Assembly.– The 1855 session also failed to approve the amendment on the State capital, proposed by the 1854 session: “After the year 1857, all annual and special sessions of the General Assembly shall be held at such place as shall be designated and selected as the capital of this State, by the General Assembly to be held at New Haven on the first Wednesday of May, 1856” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1854, 137), which only had reintroduced an amendment proposed in 1851, and not approved in 1852: “After the year 1854, all annual and special sessions of the General Assembly shall be holden at such place as shall be designated and selected as the capital of this State, by the General Assembly to be holden at Hartford on the first Wednesday of May, 1853” (Public Acts, Passed by the General Assembly of the State of Connecticut, May
Session, 1851, Hartford: Boswell and Faxon, 1851, 69).– Beside the suffrage amendment, and the already mentioned convention amendment (cf. note to Amendment of 1850), the May Session of 1855 proposed three further amendments, one of which was adopted in 1856 (q. v.). The two remaining concerned the trial by jury and the forfeiture of rights: “In all civil causes submitted to a jury, a legal verdict may be rendered by any number of jurors, not less than three-fourths of the whole number,” and: “That the rights of any person in this state, forfeited by a conviction of a crime, may be restored to him by the general assembly” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1855, 136, 138). Neither of the amendments were approved in 1856, but the second was, unsuccessfully, reintroduced in an extended form in the May Session of 1860 as proposed amendment: “The privileges of an elector shall be forfeited by a conviction of bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other offence for which an infamous punishment is inflicted; but the Legislature of this State shall have power, by a two-thirds vote of both houses, to restore any person whose rights shall have been forfeited as aforesaid, as fully as though no such conviction had been had, after a probation of five years from the time of his legal discharge from imprisonment, or, in case of no imprisonment, after a probation of five years from the date of his conviction, upon satisfactory proof of his good moral character” (Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1860, 99–100).
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Amendment of 1856 [Article of Amendment to the Constitution of Connecticut]1
The judges of the supreme court of errors and of the superior court appointed in the year 1855, and thereafter, shall hold there offices for the term of eight years, but may be removed by impeachment; and the governor shall also remove them on the address of two-thirds of each house of the general assembly. No judge of the supreme court of errors or of the superior court shall be capable of holding office after he shall arrive at the age of seventy years.
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1
Verified by Public Acts, Passed by the General Assembly of the State of Connecticut, May Session, 1856, New Haven: Carrington & Hotchkiss, State Printers, 1856, 20, and checked against the version as published in the internet at http://www.sots.state.ct.us/RegisterManual/ SectionI/1818CTCO.HTM. Spelling, capitalization, and punctuation follow the session law volume. The article of amendment was proposed in the May Session 1855, approved in the May Session 1856, and adopted by the people as constitutionally required in October, 1856. Henceforth counted as Art. XII.
Declaration of Rights of Delaware (1776) A Declaration of Rights and Fundamental Rules of the Delaware State, formerly stiled the Government of the Counties of New-Castle, Kent and Sussex, upon Delaware1
1. That all Government of Right originates from the People, is founded in Compact only, and instituted solely for the Good of the Whole.
endangered by the Legislative singly, or a treacherous Combination of both, the People may, and of Right ought to establish a new, or reform the old Government.
2. That all Men have a natural and unalienable Right to worship Almighty God according to the Dictates of their own Consciences and Understandings; and that no Man ought or of Right can be compelled to attend any religious Worship or maintain any Ministry contrary to or against his own free Will and Consent, and that no Authority can or ought to be vested in, or assumed by any Power whatever that shall in any Case interfere with, or in any Manner controul the Right of Conscience in the free Exercise of Religious Worship.
6. That the Right in the People to participate in the Legislature, is the Foundation of Liberty and of all free Government, and for this End all Elections ought to be free and frequent, and every Freeman, having sufficient Evidence of a permanent common Interest with, and Attachment to the Community, hath a Right of Suffrage.
3. That all Persons professing the Christian Religion ought forever to enjoy equal Rights and Privileges in this State, unless, under Colour of Religion, any Man disturb the Peace, the2 Happiness or Safety of Society. 4. That the People of this State have the sole exclusive and inherent Right of governing and regulating the internal Police of the same. 5. That Persons intrusted with the Legislative and executive Powers are the Trustees and Servants of the Public, and as such accountable for their Conduct; wherefore whenever the Ends of Government are perverted, and public Liberty manifestly
7. That no Power of suspending Laws, or the Execution of Laws, ought to be exercised unless by the Legislature. 8. That for Redress of Grievances, and for amending and strengthening of the Laws, the Legislature ought to be frequently convened. 9. That every Man hath a Right to petition the Legislature for the Redress of Grievances in a peaceable and orderly Manner. 10. That every Member of Society hath a Right to be protected in the Enjoyment of Life, Liberty and Property; and therefore is bound to contribute his Proportion towards the Expence of that Protection, and yield his personal Service when necessary, or an Equivalent thereto; but no Part of a Man’s Property can be justly taken from him or applied to public Uses without his
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D ELAWARE own Consent or that of his legal Representatives: Nor can any Man that is conscientiously scrupulous of bearing Arms in any Case be justly compelled thereto if he will pay such Equivalent. 11. That retrospective Laws, punishing Offences committed before the Existence of such Laws, are oppressive and unjust, and ought not to be made. 12. That every Freeman for every Injury done him in his Goods, Lands or Person, by any other Person, ought to have Remedy by the Course of the Law of the Land, and ought to have Justice and Right for the Injury done to him freely without Sale, fully without any Denial, and speedily without Delay, according to the Law of the Land. 13. That Trial by Jury of Facts where they arise is one of the greatest Securities of the Lives, Liberties and Estates of the People. 14. That in all Prosecutions for criminal Offences, every Man hath a Right to be informed of the Accusation against him, to be allowed Counsel, to be confronted with the Accusers or Witnesses, to examine Evidence on Oath in his Favour, and to a speedy Trial by an impartial Jury, without whose unanimous Consent he ought not to be found Guilty. 15. That no Man in the Courts of common Law ought to be compelled to give Evidence against himself. 16. That excessive Bail ought not to be required, nor excessive Fines imposed, nor cruel or unusual Punishments inflicted. 17. That all Warrants without Oath to search suspected Places, or to seize any Person or his Property, are grievous and oppressive; and all general Warrants to search suspected Places, or to apprehend all Persons suspected, without naming or describing the Place or any Person in special, are illegal and ought not to be granted. 212
18. That a well regulated Militia is the proper, natural and safe Defence of a free Government. 19. That standing Armies are dangerous to Liberty, and ought not to be raised or kept up without the Consent of the Legislature. 20. That in all Cases and at all Times the Military ought to be under strict Subordination to and governed by the Civil Power. 21. That no Soldier ought to be quartered in any House in Time of Peace without the Consent of the Owner; and in Time of War in such Manner only as the Legislature shall direct. 22. That the Independency and Uprightness of Judges are essential to the impartial Administration of Justice, and a great Security to the Rights and Liberties of the People. 23. That the Liberty of the Press ought to be inviolably preserved. 1
Verified by Proceedings of the Convention of the Delaware State, Held at New-Castle on Tuesday the Twenty-Seventh of August, 1776, Wilmington: Printed by James Adams, MDCCLXXVI [1776], 14–16, and checked against In Convention At New-Castle, For the Delaware State, Begun the 27th Day of August, 1776, and continued by Adjournment to the 21st Day of September following, [Wilmington: Printed by James Adams, MDCCLXXVI (1776)], 2–4, and also against the version as published in Proceedings of the Assembly of the Lower Counties on Delaware 1770–1776, of the Constitutional Convention of 1776 and of the House of Assembly of the Delaware State 1776–1781, ed. by Claudia L. Bushman, Harold B. Hancock, and Elizabeth Moyne Homsey, Newark: University of Delaware Press, 1986, 212–214. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow the Proceedings of the Convention. The Declaration was adopted in convention on September 11, 1776, and became part of the Constitution, adopted on September 20, 1776 (q. v.), which together were replaced in 1792 by the second Constitution of Delaware (q. v.). 2 In Proceedings, ed. by Bushman et al., 213, word missing.
Constitution of Delaware (1776) The Constitution or System of Government, agreed to and resolved upon by the Representatives in full Convention of the Delaware State, formerly stiled the Government of the Counties of New-Castle, Kent and Sussex, upon Delaware, the said Representatives being chosen by the Freemen of the said State for that express Purpose1
A RT. 1. T HE Government of the Counties of New-Castle, Kent and Sussex, upon Delaware, shall hereafter in all Public and other Writings be called, T HE D ELAWARE S TATE. A RT. 2. T HE Legislature shall be formed of two distinct Branches: – They shall meet once or oftener in every Year, and shall be called T HE G ENERAL A SSEMBLY O F D ELAWARE. A RT. 3. O NE of the Branches of the Legislature shall be called, T HE H OUSE OF A SSEMBLY, and shall consist of seven Representatives, to be chosen for each County annually of such Persons as are Freeholders of the same. A RT. 4. T HE other Branch shall be called, T HE C OUNCIL, and consist of nine Members, three to be chosen for each County at the Time of the first Election of the Assembly, who shall be Freeholders of the County for which they are chosen, and be upwards of twenty-five Years of Age. At the End of one Year after the General Election, the Counsellor who had the smallest Number of Votes in each County shall be displaced, and the Vacancies thereby occasioned supplied by the Freemen of each County choosing the same or another Person at a new Election in Manner afore-
said. At the End of two Years after the first General Election, the Counsellor who stood second in Number of Votes in each County shall be displaced, and the Vacancies thereby occasioned supplied by a new Election in Manner aforesaid. And at the End of three Years from the first general Election, the Counsellor who had the greatest Number of Votes in each County shall be displaced, and the Vacancies thereby occasioned supplied by a new Election in Manner aforesaid. And this Rotation of a Counsellor being displaced at the End of three Years in each County and his Office supplied by a new Choice shall be continued afterwards in due Order annually forever, whereby, after the first general Election, a Counsellor will remain in Trust for three Years from the Time of his being elected, and a Counsellor will be displaced, and the same or another chosen in each County at every Election. A RT. 5. T HE Right of Suffrage in the Election of Members for both Houses shall remain as exercised by Law at present; and each House shall choose its own Speaker, appoint its own Officers, judge of the Qualifications and Elections of its own Members, settle its own Rules of Proceedings and direct Writs of Election for supplying intermediate Vacancies. They may also sev-
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D ELAWARE erally expel any of their own Members for Misbehaviour, but not a second Time in the same Sessions for the same Offence, if reelected; and they shall have all other Powers necessary for the Legislature of a free and Independent State. A RT. 6. A LL Money-Bills for the Support of Government shall originate in the House of Assembly, and may be altered, amended or rejected by the Legislative Council. All other Bills and Ordinances may take Rise in the House of Assembly or Legislative Council, and may be altered, amended or rejected by either. A RT. 7. A P RESIDENT, or Chief Magistrate shall be chosen by joint Ballot of both Houses, to be taken in the House of Assembly, and the Box examined by the Speakers of each House in the Presence of the other Members, and in Case the Numbers for the two highest in Votes should be equal, then the Speaker of the Council shall have an additional casting Voice, and the Appointment of the Person who has the Majority of Votes shall be entered at large on the Minutes and Journals of each House, and a Copy thereof on Parchment, certified and signed by the Speakers respectively, and sealed with the Great-Seal of the State, which they are hereby authorised to affix, shall be delivered to the Person so chosen President, who shall continue in that Office three Years and until the Sitting of the next General Assembly and no longer, nor be eligible until the Expiration of three Years after he shall have been out of that Office. An adequate but moderate Salary shall be settled on him during his continuance in Office. – He may draw for such Sums of Money as shall be appropriated by the General Assembly, and be accountable to them for the same. – He may by and with the Advice of the Privy-Council lay Embargoes or prohibit the Exportation of any Commodity for any Time not exceeding thirty Days in
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the Recess of the General Assembly. – He shall have the Power of granting Pardons or Reprieves, except where the Prosecution shall be carried on by the House of Assembly, or the Law shall otherwise direct, in which Cases no Pardon or Reprieve shall be granted but by a Resolve of the House of Assembly: – And may exercise all the other executive Powers of Government, limited and restrained as by this Constitution is mentioned, and according to the Laws of the State. And on his Death, Inability or Absence from the State, the Speaker of the Legislative Council for the Time being shall be Vice-President, and in case of his Death, Inability, or Absence from the State, the Speaker of the House of Assembly shall have the Powers of a President until a new Nomination is made by the General Assembly. A RT. 8. A P RIVY-C OUNCIL consisting of four Members shall be chosen by Ballot, two by the Legislative Council, and two by the House of Assembly: Provided, that no regular Officer of the Army or Navy in the Service and Pay of the Continent, or of this, or of2 any other State shall be eligible. And a Member of the Legislative Council or of the House of Assembly being chosen of the Privy-Council and accepting thereof shall thereby lose his Seat. Three Members shall be a Quorum, and their Advice and Proceedings shall be entered of Record and signed by the Members present, (to any Part of which any Member may enter his Dissent) to be laid before the General Assembly when called for by them. Two Members shall be removed by Ballot, one by the Legislative Council and one by the House of Assembly at the End of two Years, and those who remain the next Year after, who shall severally be ineligible for the three next Years. These Vacancies as well as those occasioned by Death or Incapacity shall be supplied by new Elections
C ONSTITUTION OF D ELAWARE (1776) in the same Manner. And this Rotation of a Privy-Counsellor shall be continued afterwards in due Order annually forever. The President may by Summons convene the Privy-Council at any Time when the Public Exigences may require, and at such Place as he shall think most convenient, when and where they are to attend accordingly. A RT. 9. T HE President, with the Advice and Consent of the Privy-Council, may embody the Militia, and act as CaptainGeneral and Commander in Chief of them and the other Military Force of this State under the Laws of the same. A RT. 10. E ITHER House of the General Assembly may adjourn themselves respectively. The President shall not prorogue, adjourn or dissolve the General Assembly, but he may with the Advice of the PrivyCouncil or on the Application of a Majority of either House, call them before the Time they shall stand adjourned, and the two Houses shall always sit at the same Time and Place, for which Purpose immediately after every adjournment the Speaker of the House of Assembly shall give Notice to the Speaker of the other House of the Time to which the House of Assembly stands adjourned. A RT. 11. T HE Delegates for Delaware to the Congress of the U NITED S TATES OF A MERICA shall be chosen annually, or superseded in the mean Time, by joint Ballot of both Houses in the General Assembly. A RT. 12. T HE President and General Assembly shall by joint Ballot appoint three Justices of the Supreme Court for the State, one of whom shall be Chief-Justice, and a Judge of Admiralty, and also four Justices of the Courts of Common Pleas and Orphans Courts for each County, one of whom in each Court shall be stiled Chief Justice, (and in Case of Division on the
Ballot, the President shall have an additional casting Voice) to be commissioned by the President under the Great-Seal, who shall continue in Office during good Behaviour; and during the Time the Justices of the said Supreme Court and Courts of Common Pleas remain in Office they shall hold none other except in the Militia – Any one of the Justices of either of said Courts shall have Power in Case of the non-coming of his Brethren to open and adjourn the Court. An adequate fixed but moderate Salary shall be settled on them during their Continuance in Office. The President and Privy-Council shall appoint the Secretary, the Attorney-General, Registers for the Probate of Wills and granting Letters of Administration, Registers in Chancery, Clerks of the Courts of Common-Pleas and Orphans Courts, and Clerks of the Peace, who shall be commissioned as aforesaid and remain in Office during five Years, if they behave themselves well; during which Time the said Registers in Chancery and Clerks shall not be Justices of either of the said Courts of which they are Officers, but they shall have Authority to sign all Writs by them issued, and take Recognizances of Bail. The Justices of the Peace shall be nominated by the House of Assembly, that is to say, They shall name twenty-four Persons for each County, of whom the President, with the Approbation of the Privy-Council, shall appoint twelve, who shall be commissioned as aforesaid, and continue in Office during seven Years, if they behave themselves well; and in Case of Vacancies, or if the Legislature3 shall think proper to increase the Number, they shall be nominated and appointed in like Manner. The Members of the Legislative4 and Privy-Councils shall be Justices of the Peace for the whole State, during their Continuance in Trust; and the Justices of the Courts of Common Pleas shall be Conservators of the Peace in their respective Counties.
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D ELAWARE A RT. 13. T HE Justices of the Courts of Common-Pleas and Orphans Courts shall have the Power of holding Inferior Courts of Chancery as heretofore, unless the Legislature shall otherwise direct. A RT. 14. T HE Clerks of the Supreme Court shall be appointed by the Chief Justice thereof, and the Recorders of Deeds by the Justices of the Courts of CommonPleas for each County severally, and commissioned by the President under the GreatSeal, and continue in Office five Years, if they behave themselves well. A RT. 15. T HE Sheriffs and Coroners of the respective Counties shall be chosen annually as heretofore; and any Person having served three Years as Sheriff shall be ineligible for three Years after; and the President and Privy-Council shall have the Appointment of such of the two Candidates returned for said Offices of Sheriff and Coroner as they shall think best qualified, in the same Manner that the Governor heretofore enjoyed this Power. A RT. 16. T HE General Assembly by joint Ballot shall appoint the Generals and Field-Officers, and all other Officers in the Army or Navy of this State. And the President may appoint during Pleasure, until otherwise directed by the Legislature, all necessary Civil Officers not herein before mentioned. A RT. 17. T HERE shall be an Appeal from the Supreme Court of Delaware in Matters of Law and Equity to a Court of seven Persons, to consist of the President for the Time being, who shall preside therein, and six others, to be appointed, three by the Legislative Council and three by the House of Assembly, who shall continue in Office during good Behaviour, and be commissioned by the President under the Great-Seal; which Court shall be stiled, The Court of Appeals, and have all the Authority
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and Powers heretofore given by Law in the last Resort to the King in Council under the old Government. The Secretary shall be the Clerk of this Court, and Vacancies therein occasioned by Death or Incapacity shall be supplied by new Elections in Manner aforesaid. A RT. 18. T HE Justices of the Supreme Court and Courts of Common-Pleas, the Members of the Privy-Council, the Secretary, the Trustees of the Loan-Office and Clerks of the Courts of Common-Pleas, during their continuance in Office, and all Persons concerned in any Army or Navy Contracts, shall be ineligible to either House of Assembly; and any Member of either House accepting of any other of the Offices herein before mentioned (excepting the Office of a Justice of the Peace) shall have his Seat thereby vacated, and a new Election shall be ordered. A RT. 19. T HE Legislative Council and Assembly shall have the Power of making the Great-Seal of this State, which shall be kept by the President, or in his Absence by the Vice-President, to be used by them as Occasion may require. It shall be called, The Great-Seal of the Delaware State, and shall be affixed to all Laws and Commissions. A RT. 20. C OMMISSIONS shall run in the Name of T HE D ELAWARE S TATE, and bear Test by the President. Writs shall run in the same Manner, and bear Test in the Name of the Chief-Justice or Justice first named in the Commissions for the several Courts, and be sealed with the Public Seals of such Courts. Indictments shall conclude, against the Peace and Dignity of the State. A RT. 21. I N Case of Vacancy of the Offices above directed to be filled by the President and General Assembly, the President and Privy-Council may appoint others
C ONSTITUTION OF D ELAWARE (1776) in their Stead until there shall be a new Election. A RT. 22. E VERY Person, who shall be chosen a Member of either House, or appointed to any Office or Place of Trust, before taking his Seat, or entering upon the Execution of his Office, shall take the following Oath, or Affirmation if conscientiously scrupulous of taking an Oath, to wit. “I A.B. will bear true Allegiance to the Delaware State, submit to its Constitution and Laws, and do no Act wittingly whereby the Freedom thereof may be prejudiced.” And also make and subscribe the following Declaration, to wit. “I A. B. do profess Faith in God the Father, and in Jesus Christ his only Son, and in the Holy Ghost, one God blessed for evermore; and I do acknowledge the Holy Scriptures of the Old and New Testament to be given by divine Inspiration.” And all Officers shall also take an Oath of Office. A RT. 23. T HE President when he is out of Office and within eighteen Months after, and all others, offending against the State either by Mal-Administration, Corruption or other Means, by which the Safety of the Commonwealth may be endangered, within eighteen Months after the Offence committed, shall be impeachable by the House of Assembly before the Legislative Council: Such Impeachment to be prosecuted by the Attorney-General or such other Person or Persons as the House of Assembly may appoint, according to the Laws of the Land. If found Guilty, he or they shall be either forever disabled to hold any Office under Government, or removed from Office pro tempore, or subjected5 to such Pains and Penalties as the Laws shall direct. And all Officers shall be removed on Conviction of Misbehaviour at Common Law or on Impeachment, or upon the Address of the General Assembly.
A RT. 24. A LL Acts of Assembly in Force in this State on the fifteenth Day of May last (and not hereby altered, or contrary to the Resolutions of Congress, or of the late House of Assembly of this State) shall so continue until altered or repealed by the Legislature of this State, unless where they are temporary, in which Case they shall expire at the Times respectively limited for their Duration. A RT. 25. T HE Common Law of England, as well as so much of the Statute Law as have been heretofore adopted in Practice in this State, shall remain in force, unless they shall be altered by a future Law of the Legislature; such Parts only excepted as are repugnant to the Rights and Privileges contained in this Constitution and the Declaration of Rights, &c. agreed to by this Convention. A RT. 26. N O Person hereafter imported into this State from Africa ought to be held in Slavery under any Pretence whatever, and no Negro, Indian or Mulatto Slave, ought to be brought into this State for Sale from any Part of the World. A RT. 27. T HE first Election for the General Assembly of this State shall be held on the twenty-first Day of October next, at the Court Houses in the several Counties, in the Manner heretofore used in the Election of the Assembly, except as to the Choice of Inspectors and Assessors, where Assessors have not been chosen on the sixteenth Day of September instant, which shall be made on the Morning of the Day of Election by the Electors, Inhabitants of the respective Hundreds in each County: – At which Time the Sheriffs and Coroners for the said Counties respectively are to be elected: And the present Sheriffs of the Counties of New-Castle and Kent may be re-chosen to that Office until the first Day of October in the Year of our Lord One
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D ELAWARE Thousand Seven Hundred and Seventy-nine, and the present Sheriff for the county of Sussex may be re-chosen to that Office until the first Day of October in the Year of our Lord One Thousand Seven Hundred and Seventy-eight, provided the Freemen think proper to re-elect them at every general Election; and the present Sheriffs and Coroners respectively shall continue to exercise their Offices as heretofore until the Sheriffs and Coroners to be elected on the said twenty-first Day of October shall be commissioned and sworn into Office. The Members of the Legislative Council and Assembly shall meet for transacting the Business of the State on the twenty-eighth Day of October next, and continue in Office until the first Day of October which will be in the Year One Thousand Seven Hundred and Seventy-seven; on which Day, and on the first Day of October in each Year forever after, the Legislative Council, Assembly, Sheriffs and Coroners, shall be chosen by Ballot in Manner directed by the several Laws of this State for regulating Elections of Members of Assembly and Sheriffs and Coroners; and the General Assembly shall meet on the twentieth Day of the same Month for the transacting the Business of the State; and if any of the said first and twentieth Days of October should be Sunday, then and in such Case the Elections shall be held and the General Assembly meet the next Day following.
of holding the said Elections, nor within one Mile of the said Places respectively for twenty-four Hours before the opening said Elections, nor within6 twenty-four Hours after the same are closed, so as in any Manner to impede the freely and conveniently carrying on the said Election: Provided always, that every Elector may in a peaceable and orderly Manner give in his Vote on the said Day of Election. A RT. 29. T HERE shall be no Establishment of any one Religious Sect in this State in Preference to another; and no Clergyman or Preacher of the Gospel of any Denomination shall be capable of holding any Civil Office in this State, or of being a Member of either of the Branches of the Legislature while they continue in the Exercise of the Pastoral Function. A RT. 30. N O Article of the Declaration of Rights and Fundamental Rules of this State, agreed to by this Convention, nor the first, second, fifth (except that Part thereof that relates to the Right of Suffrage) twentysixth and twenty-ninth Articles of this Constitution7 , ought ever to be violated on any Pretence whatever. No other Part of this Constitution shall be altered, changed or diminished, without the Consent of five Parts in seven of the Assembly, and seven Members of the Legislative Council. GEORGE READ, President. Extract from the Journal,
A RT. 28. T O prevent any Violence or Force being used at the said Elections, no Persons shall come armed to any of them; and no Muster of the Militia shall be made on that Day, nor shall any Battalion or Company give in their Votes immediately succeeding each other, if any other Voter who offers to vote objects thereto; nor shall any Battalion or Company in the Pay of the Continent, or of this or any other State, be suffered to remain at the Time and Place
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Attest. JAMES BOOTH, Clk.8 1
Verified by Proceedings of the Convention of the Delaware State, Held at New-Castle on Tuesday the Twenty-Seventh of August, 1776, Wilmington: Printed by James Adams, MDCCLXXVI [1776], 21–28, and checked against In Convention At New-Castle, For the Delaware State, Begun the 27th Day of August, 1776, and continued by Adjournment to the 21st Day of September following, [Wilmington: Printed by James Adams, MDCCLXXVI (1776)], 4–11, and also against the version as published in Proceedings of the Assembly of the Lower Counties on Delaware 1770–1776,
C ONSTITUTION OF D ELAWARE (1776) of the Constitutional Convention of 1776 and of the House of Assembly of the Delaware State 1776–1781, ed. by Claudia L. Bushman, Harold B. Hancock, and Elizabeth Moyne Homsey, Newark: University of Delaware Press, 1986, 219–230. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow, and emphasis is given as in the Proceedings of the Convention. The Constitution was adopted in convention on September 20, 1776, and was preceded by a Declaration of Rights, adopted on September 11, 1776 (q. v.), which together were replaced in 1792 by the second Constitution of Delaware (q. v.).
2 In Proceedings, ed. by Bushman et al., 220, word missing. 3 In In Convention At New-Castle, 7, “Legislative” by hand corrected to “Legislature”. 4 In ibid., 7, “Legislature” by hand corrected to “Legislative”. 5 In Proceedings, ed. by Bushman et al., 223, “subject”. 6 In ibid., 224, “with”. 7 In ibid., “Constitutions”. 8 In Proceedings of the Convention, 28, and in Proceedings, ed. by Bushman et al., 224, last three lines missing.
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Constitution of Delaware (1792) The Constitution of the State of Delaware1
WE, the People, hereby ordain and establish this Constitution of Government for the State of Delaware: Through divine goodness, all men have by nature, the rights of worshipping and serving their Creator, according to the dictates of their consciences, of enjoying and defending Life and Liberty, of acquiring and protecting Reputation and Property, and in general of attaining objects suitable to their condition, without Injury by one to another; and as these rights are essential to their Welfare, for the due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political Society is derived from the People, and established with their consent, to advance their happiness: and they may for this end, as circumstances require, from time to time alter their Constitution of Government.
ARTICLE I S ECT. 1. Although it is the duty of all men frequently to assemble together for the public worship of the author of the Universe; and Piety and morality, on which the prosperity of communities depends, are thereby promoted: yet no man shall or ought to be compelled to attend any Religious worship, to contribute to the erection or2 support of any place of worship, or to the maintenance of any Ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any Magistrate, that shall in any case interfere with, or in any manner controul
the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious Societies, denominations, or modes of worship. S ECT. 2. No religious Test shall be required as a qualification to any Office, or public trust, under this State. S ECT. 3. All Elections shall be free and equal. S ECT. 4. Trial by Jury shall be as heretofore. S ECT. 5. The Press shall be free to every citizen who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In Prosecutions for Publications investigating the proceedings of Officers, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all Indictments for Libels, the Jury may determine the Facts and the law, as in other cases. S ECT. 6. The People shall be secure in their persons, Houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to sieze any person or things, shall issue, without describing them as particularly as may be; nor then unless there be probable cause supported by oath or affirmation. S ECT. 7. In all criminal Prosecutions, the accused hath a right to be heard by himself and his Counsel, to be plainly and fully
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D ELAWARE informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory Process in due time, on application by himself his friends or counsel, for obtaining witnesses in his favour, and a speedy and public trial by an impartial Jury: he shall not be compelled to give evidence against himself; nor shall be deprived of life, liberty or Property, unless by the Judgment of his peers or the law of the Land. S ECT. 8. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the Land or Naval Forces, or in the Militia when in actual service in time of war or public danger; and no person shall be for the same offence twice put in Jeopardy of life or Limb; nor shall any man’s property be taken or applied to public use, without the consent of his Representatives, and without compensation being made. S ECT. 9. All courts shall be open; and every man for an injury done him in his Reputation, Person, moveable or immoveable possessions, shall have remedy by the due course of Law, and Justice administered according to the very right of the cause, and the Law of the Land, without sale, denial, or unreasonable delay or expense; and every action shall be tried in the County in which it shall be commenced, unless when the Judges of the Court in which the cause is to be tried, shall determine that an impartial trial thereof cannot be had in that County. Suits may be brought against the State, according to such regulations as shall be made by Law. S ECT. 10. No power of suspending Laws shall be exercised, but by authority of the Legislature. S ECT. 11. Excessive bail shall not be required, nor excessive fines imposed, nor
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cruel punishments inflicted: and in the construction of Goals, a proper regard shall be had to the health of Prisoners. S ECT. 12. All Prisoners shall be bailable by sufficient sureties, unless for capital offences when the proof is positive or the presumption great; and when persons are confined on accusation for such offences, their friends and Counsel may at proper seasons have access to them. S ECT. 13. The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion the public safety may require it. S ECT. 14. No commission3 of Oyer and Terminer or Goal delivery shall be issued. S ECT. 15. No attainder shall work corruption of blood, nor4 except during the life of the offender, forfeiture of Estate. The Estates of those who destroy their own lives shall descend or vest as in case of natural death; and if any person be killed by accident, no forfeiture shall be thereby incurred. S ECT. 16. Although disobedience to Laws by a part of the People upon suggestions of impolicy or injustice in them tends by immediate effect and the influence of example not only to endanger the public welfare and safety, but also in Governments of a republican form contravenes the social principles of such Governments, founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of Government; for redress of grievances, or other proper purposes, by petition, remonstrance or address. S ECT. 17. No standing Army shall be kept up without the consent of the Legislature; and the military shall, in all cases, and at all times, be in strict subordination to the civil power.
C ONSTITUTION OF D ELAWARE (1792) S ECT. 18. No soldier shall in time of Peace be quartered in any House, without the consent of the owner; nor in time5 of War, but by a civil Magistrate in a manner to be prescribed by law. S ECT. 19. No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behaviour; and no person holding any Office under this State, shall accept of any Office or title of any kind whatever, from any King, Prince, or foreign State. WE declare, that every thing in this article is reserved out of the general powers of Government herein after mentioned.
ARTICLE II S ECT. 1. The Legislative Power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. S ECT. 2. The Representatives shall be chosen annually by the citizens residing in the several Counties respectively, on the first Tuesday of October. No person shall be a Representative, who shall not have attained to the age of twenty four years, and have a Freehold in the County in which he shall be chosen,6 have been a Citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his Election, and the last year of that Term an inhabitant of the County in which he shall be chosen, unless he shall have been absent on the public Business of the United States, or of this State. There shall be seven Representatives chosen in each County, until a greater number of Representatives shall by the General Assembly be judged necessary; and then, two
thirds of each Branch of the Legislature concurring, they may by Law make provision for increasing their number. S ECT. 3. The Senators shall be chosen for three years by the Citizens residing in the several Counties respectively, having right to vote for Representatives, at the same time when they shall vote for Representatives, in the same manner, and at the same places. No person shall be a Senator who shall not have attained to the age of twenty seven years,7 and have in the County in which he shall be chosen, a Freehold Estate in two hundred Acres of Land, or an Estate in real and personal property, or in either, of the Value of one thousand Pounds at least, and have been a Citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his Election, and the last year of that Term an inhabitant of the County in which he shall be chosen, unless he shall have been absent on the Public Business of the United States, or of this State. There shall be three Senators chosen in each County. When a greater Number of Senators shall by the General Assembly be judged necessary, two Thirds of each Branch concurring, they may by Law make provision for increasing their number; but the number of Senators shall never be greater than one Half, nor less than one Third of the number of representatives. Immediately after the Senators shall be assembled in consequence of the first Election, the Senators residing in each County shall be divided by Lot into three Classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second Class at the expiration of the second year; and of the third Class at the expiration of the third year; so that one Third may be chosen every year. S ECT. 4. The General Assembly shall
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D ELAWARE meet on the first Tuesday of January in every year, unless sooner convened by the Governor. S ECT. 5. Each House shall choose its Speaker and other officers; and also each House, whose speaker shall exercise the office of Governor, may choose a speaker pro Tempore. S ECT. 6. Each House shall judge of the Elections, Returns, and Qualifications of its own Members; and a Majority of each shall constitute a Quorum to do Business: But a smaller number may adjourn from day to day, and shall be authorised to compel the attendance of absent Members, in such manner and under such Penalties as shall be deemed expedient. S ECT. 7. Each House may determine the rules of its proceedings, punish any of its Members for disorderly behaviour, and with the concurrence of two thirds expel a Member; and shall have all other powers necessary for a Branch of the Legislature of a free and independent State. S ECT. 8. Each House shall keep a Journal of its proceedings, and publish them immediately after every Session, except such parts as may require secrecy: and the yeas and nays of the Members on any Question shall, at the desire of any Member, be entered on the Journal. S ECT. 9. The Doors of each House, and of Committees of the whole, shall be open, unless when the business is such as ought to be kept secret. S ECT. 10. Neither House shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be setting [sic]. S ECT. 11. The Senators and Representatives shall receive a compensation for their
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services, to be ascertained by Law, and paid out of the Treasury of the State: but no Law, varying the compensation, shall take effect till an Election of Representatives shall have intervened. They shall in all cases, except Treason, Felony, or breach of the Peace, be privileged from Arrest during their attendance at the Session of their respective Houses, and in going to and returning from the same; and for any speech or debate, in either House, they shall not be questioned in any other place. S ECT. 12. No Senator nor Representative shall during the time for which he shall have been Elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased during such time. No person concerned in any Army or Navy contract, no Member of Congress, nor any person holding any office under this State, or the United States, except the AttorneyGeneral, Officers usually appointed by the Courts of Justice respectively, Attornies at Law and officers in the Militia, holding no disqualifying office, shall, during his continuance in Congress, or in Office, be a Senator or Representative. S ECT. 13. When vacancies happen in either House, Writs of Election shall be issued by the Speakers respectively, or in cases of necessity, in such other manner as shall be provided for by Law; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected might have done, if such vacancies had not happened. S ECT. 14. All bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose alterations as on other Bills; and no bill from the operation of which, when passed into a Law, Revenue may incidentally arise, shall be accounted a Bill for raising Revenue; nor shall
C ONSTITUTION OF D ELAWARE (1792) any matter or clause whatever, not immediately relating to and necessary for raising Revenue, be in any manner blended with, or annexed to, a bill for8 raising Revenue. S ECT. 15. No money shall be drawn from the Treasury, but in consequence of Appropriations made by Law; and a regular Statement and account of the receipts and expenditures of all Public Money shall be published annually.
ARTICLE III S ECT. 1. The supreme executive Powers of this State shall be vested in a Governnor. S ECT. 2. The Governor shall be chosen on the first Tuesday of October, by the citizens of the State having right to vote for Representatives, in the Counties where they respectively reside, at the places where they shall vote for Representatives. The returns of every Election for Governor shall be sealed up, and immediately delivered by the returning officers of the several Counties to the Speaker of the Senate, or in case of his death to the Speaker of the House of Representatives, who shall keep the same until a Speaker of the senate shall be appointed, to whom they shall be immediately delivered after his appointment, who shall open and publish the same in the presence of the Members of both Houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the Prothonotary of each County. The person having the highest number of votes shall be Governor: but, if two or more shall be equal in the highest number of votes, the Members of the two Houses shall by Joint Ballot choose one of them to be Governor; and if upon such Ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote.
Contested Elections of a Governor shall be determined by a Joint Committee, consisting of one third of all the Members of each Branch of the Legislature to be selected by Ballot of the Houses respectively: every person of the Committee shall take an Oath or affirmation, that in determining the said Election, he will faithfully discharge the trust reposed in him; and the Committee shall always sit with open Doors. S ECT. 3. The Governor shall hold his Office during three years from the third Tuesday of January next ensuing his Election; and shall not be capable of holding it longer than three in any Term of Six9 years. S ECT. 4. He shall be at least thirty years of age, and have been a Citizen and inhabitant of the United States twelve years next before the first meeting of the Legislature after his Election, and the last six of that10 Term an inhabitant of this State, unless he shall have been absent on the public Business of the United States or of this State. S ECT. 5. No member of Congress nor person holding any Office under the United States, or this State, shall exercise the Office of Governor. S ECT. 6. The Governor shall at stated times receive for his services an adequate salary, to be fixed by Law, which shall be neither increased, nor diminished during the period for which he shall have been elected. S ECT. 7. He shall be commander in chief of the Army and Navy of this State and of the Militia; except when they shall be called into the service of the United States. S ECT. 8. He shall appoint all officers, whose offices are established by this Constitution or shall be established by Law, and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office, within a County, who shall not have a right to Vote for representatives, and have been an inhabitant
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D ELAWARE therein one year next before his appointment, nor hold the office longer than he continues to reside in the County. No Member of Congress, nor any person holding or exercising any office under the United States, shall at the same time hold or exercise the office of Judge, Treasurer, AttorneyGeneral, Secretary, Clerk of the Supreme Court, Prothonotary, Register for the probate of Wills and granting letters of Administration, Recorder, Sheriff, or any office under this State with a Salary by Law annexed to it; or any other office which the Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold more than one of the following Offices at the same Time, to wit, Treasurer, Attorney-General, Clerk of the Supreme Court, Prothonotary, Register, or Sheriff. All commissions shall be in the Name of the State, shall be sealed with the Great-Seal, and be signed and tested by the Governor.
S ECT. 14. On the Death or resignation of the Governor, or his removal from office on impeachment, or for inability, the Speaker of the Senate at that time shall exercise the office of Governor, until a new Governor shall be duly qualified; and on the death or resignation of the Speaker of the Senate, the Speaker of the House of representatives at that time shall exercise the office, until it be regularly vested in a new Governor. If the trial of a contested election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may then be in the exercise of the executive authority, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two thirds of all the Members of each Branch of the Legislature.
S ECT. 9. He shall have power to remit Fines and forfeitures; and to grant Reprieves and pardons, except in cases of impeachment.
S ECT. 15. A Secretary shall be appointed and commissioned during the Governor’s continuance in office, if he shall so long behave himself well. He shall keep a fair Register of all the official Acts and proceedings of the Governor; and shall, when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers relative thereto, before them; and shall perform such other duties as shall be enjoined him by Law. He shall have a compensation for his services to be fixed by Law.
S ECT. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. S ECT. 11. He shall from time to time give to the General Assembly information of affairs concerning the State; and recommend to their consideration such measures as he shall judge expedient. S ECT. 12. He may on extraordinary occasions convene the General Assembly, and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding three Months. S ECT. 13. He shall take care that the Laws be faithfully executed.
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ARTICLE IV S ECT. 1. All elections of Governor, Senators, and representatives, shall be by ballot; and in such elections every white freeman of the age of twenty-one years, having resided in the State two years next before the election, and within that time paid a
C ONSTITUTION OF D ELAWARE (1792) State or County Tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and the sons of persons so qualified, shall between the ages of twenty-one and twentytwo years be entitled to vote although they shall not have paid Taxes.11 S ECT. 2. Electors shall, in all cases, except Treason, Felony, or breach of the Peace, be privileged from arrest during their attendance at Elections, and in going to and returning from them.
ARTICLE V S ECT. 1. The House of Representatives shall have the sole power of impeaching; but two thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon Oath or Affirmation to do Justice according to the evidence. No person shall be convicted without the concurrence of two thirds of all the Senators. S ECT. 2. The Governor, and all other civil Officers under this State, shall be liable to impeachment, for Treason, Bribery, or any high crime or misdemeanour in Office. Judgment in such cases shall not extend further than to removal from Office, and disqualification to hold any Office of Honor, trust or profit under this State; but the party convicted shall nevertheless be subject to indictment, trial, Judgment and punishment, according to law. S ECT. 3.12 Treason against this State shall consist only in levying War against it, or in adhering to the Enemies of the Government, giving them aid and comfort. No person shall be convicted of Treason, unless on the testimony of two witnesses to the same overt Act, or on confession in open court.
ARTICLE VI S ECT. 1. The judicial power of this State shall be vested in a Court of Chancery,13 a Supreme Court, and Courts of Oyer and Terminer and General Goal delivery, in a Court of Common pleas, and in an Orphans Court, Register’s Court, and a Court of QuarterSessions of the peace for each county, in Justices of the peace, and in such other courts as the Legislature, two-thirds of all the members of each branch concurring may from time to time establish. S ECT. 2. The Chancellor and the Judges of the Supreme Court and of the Court of Common-Pleas shall hold their Offices during good behaviour: but for any reasonable cause, which shall not be a sufficient ground for an impeachment, the Governor may in his discretion remove any of them, on the address of two thirds of all the members of each branch of the Legislature. They shall at stated times receive for their services adequate salaries to be fixed by law, which shall not be diminished during their continuance in Office, and shall be payable quarterly to their respective orders upon the Treasurer, out of any monies in the Treasury; but they shall hold no other Office of profit, nor receive any fees or perquisites, except such fees as shall be fixed by law for business to be done out of Court. S ECT. 3. The Judges of the Supreme Court shall be not fewer than three, nor more than four, one of whom shall be chief Justice. There shall be a Judge residing in each County. The Jurisdiction of this Court shall extend over the State. The Judges shall by virtue of their Offices, be Justices of Oyer and Terminer and General Goal delivery in the several counties. Any two of the Judges may act as if all were present. S ECT. 4. The Judges of the Court of Common-Pleas shall be not fewer than three
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D ELAWARE nor more than four, one of whom shall be chief-Justice. There shall be a Judge residing in each County. The Jurisdiction of this Court shall extend over the State. Any two of the Judges may act as if all were present. S ECT. 5. The Chancellor or any Judge of the Supreme Court or of the Court of Common Pleas shall issue the writ of Habeas Corpus in vacation-time and out of Term, when duly applied for, which shall be immediately obeyed. S ECT. 6. Any Judge of the Supreme Court or of the Court of Common-Pleas may, unless the Legislature shall otherwise provide by law, out of Court take the acknowledgment of Deeds; and the same being thereon certified, under his hand, such Deeds shall be recorded, and have the same effect as if acknowledged in open court. S ECT. 7. In civil causes when pending, the Supreme Court and Court of Common-Pleas shall have the power, before Jud[g]ment, of directing, upon such terms as they shall deem reasonable, amendments in pleadings and legal proceedings, so that by error in any of them the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm or going out of the State, upon interrogatories De bene Esse, to be read in evidence in case of the death or departure of the witnesses before the trial, or inability by reason of age, sickness, bodily infirmity, or imprisonment, then to attend; and also the power of obtaining evidence from places not within the State. S ECT. 8. Suits may originate in the Supreme Court or Court of Common-Pleas. S ECT. 9. One Judge of the Supreme Court, or of the Court of Common-Pleas may, if the other Judges come not, open and adjourn the Court, and14 may also make the
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necessary rules preparatory respectively to the trial or argument of causes. S ECT. 10. At any time pending an action for debt or damages, the defendant may bring into Court a sum of money for discharging the same and the costs then accrued, and the plaintiff not accepting thereof, it shall be delivered for his use to the Clerk or Prothonotary of the Court; and if upon the final decision15 of the cause, the plaintiff shall not recover a greater sum than that so paid into Court for him, he shall not recover any costs accruing after such payment, except where the Plaintiff is an Executor or administrator. S ECT. 11. By the death of any Party, no suit in16 chancery or at law, where the cause of action survives, shall abate; but untill the Legislature shall otherwise provide, suggestion of such death being entered of record, the Executor or Administrator of a deceased petitioner, or plaintiff, may prosecute the said suit; and if a respondent or defendant dies, the Executor or Administrator being duly served with a Scire Facias, thirty days before the return thereof, shall be considered as a party to the suit, in the same manner as if he had voluntarily made himself a party; and in any of those cases, the Court shall pass a decree or render Judgment for or against Executors or Administrators, as to right appertains. But where an Executor or Administrator of a deceased respondent or defendant becomes a party, the Court, upon motion, shall grant such a continuance of the cause as to the Judges shall appear proper. S ECT. 12.17 Whenever a person, not being an Executor or Administrator, appeals from a Decree of the Chancel[l]or, or applies for a Writ of Error, such appeal or writ shall be no stay of proceeding in the Chancery, or the Court to which the writ issues, unless the appellant or plaintiff in
C ONSTITUTION OF D ELAWARE (1792) error shall give sufficient security, to be approved respectively by the Chancellor, or by a Judge of the Court from which the writ issues, that the appellant or plaintiff in Error shall prosecute respectively his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he fail to make his plea good. S ECT. 13. No writ of error shall be brought upon any Judgment heretofore confessed, entered or rendered, but within five years, from this time; nor upon any Judgment hereafter to be confessed, entered or rendered, but within five years after the confessing, entering, or rendering thereof; unless the person entitled to such writ be an infant, feme-covert18 , non compos mentis, or a prisoner, and then within five years, exclusive of the time of such disability. S ECT. 14. The equity Jurisdiction, heretofore exercised by the Judges of the Court of Common-Pleas, shall be separated from the common law jurisdiction, and vested in a Chancel[l]or, who shall hold courts of chancery in the several counties of this State.19 In cases of equity Jurisdiction, where the chancellor is interested, the cognizance20 thereof shall belong to the Court of Common-Pleas, with an appeal to the high court of Errors and Appeals. S ECT. 15. The Judges of the Court of Common-Pleas, or any two of them, shall compose the Orphans Court of each County, and may exercise the equity Jurisdiction heretofore exercised by the Orphans Courts, except as to the adjusting and settling Executors, Administrators and Guardians accounts; in which cases they shall have an appellate jurisdiction from the sentence or decree of the Register. This Court may issue process throughout the State to compel the attendance of witnesses. Appeals may be made from the Orphans Court, in cases
where that Court has original jurisdiction, to the Supreme Court, whose decision shall be final. S ECT. 16. An Executor, Administrator, or Guardian, shall file every account with the Register for the County, who shall as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such Executor, Administrator, or Guardian, and shall adjust and settle the same, according to the very right of the matter and the Law of the land; which account so settled shall remain in his Office for inspection; and the Executor, Administrator, or Guardian, shall within three months after such settlement, give due notice in writing to all persons entitled to shares of the Estate, or to their Guardians respectively, if residing within the State, that the account is lodged in the said Office for inspection; and the Judges of the Orphans Court shall hear the exceptions of any persons concerned, if any be made, and thereupon allow no demand whatever against the Estate of the deceased, unless upon consideration of all circumstances, they shall be fully convinced that the same is therewith justly chargeable. S ECT. 17. The Registers of the several Counties shall respectively hold the Register’s Court in each County. Upon the litigation of a cause, the depositions of the witnesses examined shall be taken at large in writing, and make part of the proceedings in the cause. This Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be made from a Register’s Court to the Supreme Court, whose decision shall be final. In cases where a Register is interested in questions concerning the probate of Wills, the granting Letters of Administration, or Executors, Administrators, or Guardians accounts, the cognizance thereof shall belong to the Orphans Court with an appeal to the
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D ELAWARE Supreme Court, whose Decision shall be final. S ECT. 18. The Prothonotaries of the Court of Common-Pleas may issue process as heretofore, take recognizances of Bail, and sign confessions of Judgment; and the clerks of the Supreme Court shall have the like powers. No judgment in the Supreme Court or Court of Common Pleas held for one County, shall bind Lands or Tenements in another, until a Testatum Fieri Facias being issued, shall be entered, of record in the office of the Prothonotary of the County wherein the Lands or Tenements are situated. S ECT. 19. The Judges of the Court of Common Pleas shall by virtue of their Offices, compose the Courts of General Quarter Sessions of the Peace and Goal delivery within the several Counties. Any two of the said Judges shall be a quorum. S ECT. 20. The Governor shall appoint a competent number of persons to the Office of Justice of the Peace, not exceeding twelve in each County, until two thirds of both houses of the Legislature shall by law direct an addition to the number, who shall be commissioned for seven years, if so long they shall behave themselves well; but may be removed by the Governor within that time on conviction of misbehavior in Office, or on the address of both Houses of the Legislature. S ECT. 21. The style in all process and public Acts shall be, THE STATE OF DELAWARE. Prosecutions shall be carried on in the name of the State, and shall conclude against the peace and dignity of the State.
ARTICLE VII S ECT. 1. There shall be a Court, styled,
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The High Court of Errors21 and Appeals, which shall consist of the Chancellor, and of the Judges of the Supreme Court, and Court of Common Pleas. Any four of the Judges of this Court may proceed on business; but any smaller number may open and adjourn the Court. If any of them has rendered Judgment or passed a decree in any cause before removal, he shall not sit judicially upon the hearing of the same in this Court, but may assign the reasons upon which such Judgment was rendered, or such decree passed. The Chancellor shall preside, except when he cannot sit judicially; and in such cases or in his absence, the Chief Justice of the Supreme Court; but if he is so disqualified or absent, then the Chief Justice of the Court of Common Pleas shall preside; and if he is so disqualified or absent, then the next eldest Judge according to priority in date of commissions, if present, and not disqualified as aforesaid, shall preside. This Court shall have power to issue writs of Error to the Supreme Court, and to the Court of Common Pleas, and to receive and determine appeals from interlocutory or final orders or decrees of the Chancellor. Errors shall be assigned, and causes of appeal exhibited in writing speedily, and citations duly served on adverse parties. S ECT. 2. Upon the reversal of a Judgment of the Supreme Court, or of the Court of Common-Pleas, or a decree of the Chancellor, this Court shall respectively render such Judgment, or pass such decree, as the Supreme Court, or the Court of Common Pleas, or the Chancellor ought to have rendered or passed, except where the reversal is in favour of the Plaintiff or petitioner in the original suit, and the damages to be assessed, or the matters to be decreed, are uncertain: in any of which cases, the cause shall be remanded, in order to a final decision.
C ONSTITUTION OF D ELAWARE (1792) S ECT. 3. The Judges of this Court may issue all process proper for bringing records fully before them, and for carrying their determinations into execution.
ARTICLE VIII S ECT. 1. The members of the Senate, and House of Representatives; the Chancellor, the Judges of the Supreme Court, and the Court of Common-Pleas, and the Attorney General, shall by virtue of their Offices, be conservators of the Peace throughout the State; and the Treasurer, Secretary, Clerks of the Supreme Court, Prothonotaries, Registers, Recorders, Sheriffs and Coroners, shall by virtue of their Offices, be conservators thereof, within the Counties respectively in which they reside. S ECT. 2.22 The Representative, and when there of a shall be more than one, the Representatives of the People of this State in Congress, shall be voted for at the same places where Representatives in the State Legislature are voted for, and in the same manner. S ECT. 3. The State Treasurer shall be appointed annually by the House of Representatives with the concurrence of the Senate. No person, who hath served in the Office of State Treasurer, shall be eligible to a seat in either House of the Legislature, until he shall have made a final settlement of his accounts as Treasurer,23 and discharged the balance, if any, thereon due. S ECT. 4. Two persons for the Office of Sheriff, and two for the Office of Coroner, shall be chosen by the citizens residing in each County, and having right to vote for Representatives, at the time and places of Election of Representatives; one of whom for each Office respectively, shall be appointed by the Governor. They shall hold
their Offices for three years, if so long they shall behave themselves well, and until successors be duly qualified; but no person shall be twice appointed Sheriff upon Election by the citizens, in any term of six years. The Governor shall fill vacancies in these Offices, by new appointments to continue unto the next General Election, and until successors shall be chosen and duly qualified.24 The Legislature, two thirds of each branch concurring, may when it shall be judged expedient, vest the appointment of Sheriffs and Coroners25 in the Governor; but no person shall be twice appointed Sheriff in any term of six years. S ECT. 5. The Attorney General, clerks of the Supreme Court, Prothonotaries, Registers, clerks of the Orphans Courts, and of the Peace, shall respectively be commissioned for five years if so long they shall behave themselves well; but may be removed by the Governor within that time, on conviction of misbehaviour in Office, or on the address of both Houses of the Legislature. Prothonotaries, clerks of the Supreme Court, of the Orphans Courts, Registers, Recorders, and Sheriffs, shall keep their Offices in the Town or place in each County, in which the Supreme Court and the Court of Common Pleas are usually held. S ECT. 6. Attornies at Law, all inferior officers in the Treasury department, Election Officers, Officers relating to Taxes, to the Poor, and to26 Highways, Constables and Hundred Officers, shall be appointed in such manner as is or may be directed by law. S ECT. 7. All salaries and fees annexed to Offices shall be moderate; and no officer shall receive any fees whatever, without giving to the person who pays, a receipt for them, if required, therein specifying every particular and the charge for it.
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D ELAWARE S ECT. 8. No costs shall be paid by a person accused, on a bill being returned ignoramus; nor on acquittal by a Jury, unless a majority of the Judges present at the trial certify, that there was probable cause for the prosecution. S ECT. 9. The rights, priviledges, immunities, and Estates of Religious Societies and corporate Bodies, shall remain as if the Constitution of this State had not been altered. No Clergyman or preacher of the Gospel, of any denomination, shall be capable of holding any civil Office in this State, or of being a member of either branch of the Legislature while he continues in the exercise of the Pastoral or Clerical Functions. S ECT. 10. All the Laws of this State, existing at the time of making this Constitution, and not inconsistent with it, shall remain in force, unless they shall be altered by future laws: and all actions and prosecutions now pending, shall proceed as if this Constitution had not been made. S ECT. 11. This Constitution shall be prefixed to every edition of the Laws made by direction of the Legislature. S ECT. 12. The Legislature shall, as soon as conveniently may be, provide by law, for ascertaining what Statutes, and parts of Statutes, shall continue to be in force within this State; for reducing them, and all Acts of the General-Assembly, into such Order, and publishing them in such manner, that thereby the knowledge of them may be generally diffused; for choosing inspectors and Judges of Elections, and regulating the same in such manner, as shall most effectually guard the rights of the citizens entitled to vote; for better securing personal liberty, and easily and speedily redressing all wrongful restraints thereof; for more certainly obtaining returns of impartial Juries; for dividing Lands and Tenements in sales
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by Sheriffs, where they will bear a division, into as many parcels as may be without spoiling the whole, and for advertising and making the sales in such manner, and at such times, and places, as may render them most beneficial to all persons concerned; and for establishing Schools, and promoting Arts and Sciences.27
ARTICLE IX Members of the General Assembly, and all Officers Executive and Judicial, shall be bound by Oath or affirmation, to support the constitution of this State, and to perform the duties of their respective Offices with fidelity.
ARTICLE X The General Assembly, whenever two thirds of each House shall deem it necessary, may with the approbation of the Governor, propose amendments to this Constitution, and at least three, and not more than six months before the next General Election of Representatives, duly publish them in Print for the consideration of the People; and if three fourths of each branch of the Legislature shall after such an Election, and before another, ratify the said amendments, they shall be valid to all intents and purposes, as parts of this Constitution. No Convention shall be called but by the authority of the People; and an unexceptionable mode of making their sense known, will be for them, at a General Election of Representatives, to vote also by ballot for or against a Convention, as they shall severally choose to do; and if thereupon it shall appear, that a majority of all the citizens in the State having right to vote for Representatives, have voted for a Convention, the General Assembly shall accordingly at their next sessions,
C ONSTITUTION OF D ELAWARE (1792) call a Convention, to consist of at least as many Members, as there are in both Houses of the Legislature, to be chosen in the same manner, at the same places, and at the same time that Representatives are, by the citizens entitled to vote for Representatives, on due notice given for one month, and to meet within three months after they shall be elected.
SCHEDULE28 That no inconveniencies may arise from the alterations of the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, 1. That the President, or in case of his death, inability or absence from the State, the Speaker of the Legislative Council at that time, and in case of his death, Inability or absence from the State, the Speaker of the House of Assembly at that time, shall respectively with the Privy Council, exercise the Executive authority of this State until the third tuesday in January next. If the death, inability, or absence of the President shall happen after the first tuesday of next October, and before the first tuesday in next January, then the Executive authority shall devolve upon the person who was Speaker of the Council at the next preceding Session of the General Assembly, and in case of his death, inability, or absence, upon the person who was speaker of the House of Assembly at the said next preceding Session. 2. That all persons holding Offices, to which under this Constitution appointments are to be made by the Governor, shall continue in the exercise of the duties of their respective Offices until the first tuesday of
October, One thousand seven hundred and ninety three, unless their commissions shall sooner expire by their own limitations, or the said Offices shall become vacant by death or resignation, and no longer, unless reappointed and commissioned by the Governor. 3. That Justice shall be administered in the several Counties of this State untill the period last mentioned, by the same Justices, in the same Courts, and in the same manner as heretofore. 4. That the Sheriffs elected at October next shall hold their respective Commissions two years and no longer from that time, or until new Sheriffs are elected and appointed: and such persons shall not be again eligible until the expiration of three years after their Commissions cease. 5. That the Elections of Governor, Senators, and Representatives, shall be conducted by the same persons, and in the same manner, as is prescribed by the Election Laws of this State concerning the Election of Members of the Council and of the House of Assembly, and the returns thereof shall be made respectively to the person exercising the Executive authority, to the Senate, and to the House of Representatives. 6. The first meeting of the Legislature under this Constitution shall be at the Town of Dover. Done, in convention, the twelfth Day of June, in the year of our Lord One Thousand Seven Hundred and Ninety two, and of the Independence of the United States of America, the Sixteenth. In Testimony whereof we have hereunto subscribed our names.
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D ELAWARE THOMAS MONTGOMERY, President John Dickinson Robert Armstrong Edward Roche William Johnson Robert Haughey George Monro30 Robert Coram Kensey Johns Nicholas Ridgely John Clayton Thomas White Manlove Emerson32
James Morris Richard Bassett Benjamin Dill Henry Molliston29 Andrew Barratt Isaac Cooper George Mitchell John W. Batson Rhoads Shankland31 Isaac Beauchamp Daniel Polk (ATTEST.) JAMES BOOTH, Secretary.
1
Verified by The Constitution of the State of Delaware, Wilmington: Printed by Brynberg and Andrews, in Market-Street, 1792, 42 p., and checked against the original manuscript, located in the Delaware Public Archives at Dover, DE. Also checked against the text as published in Laws of the State of Delaware. Published by Authority, Wilmington: Printed by Peter Brynberg and Samuel Andrews, in Market-Street, 1793, 3–37. While the wording of the Brynberg and Andrews prints is flawless, spelling, capitalization, and punctuation follow the handwritten original, even when inconsistent or apparently mistaken. Italics are used when emphasis is given in the manuscript or non-English legal terms are used. Cf. Proceedings of the House of Assembly of the Delaware State and of the Constitutional Convention of 1792, ed. by Claudia Bushman, Harold B. Hancock, and Elizabeth Moyne Homsey, Newark: University of Delaware Press; London and Toronto: Associated University Presses, 1988, 43–53. The constitution went into effect in 1793. There was one amendment made to it in 1802 (q. v.), while a second failed in 1820 (q. v.). Cf. Richard Lynch Mumford, Constitutional Development in the State of Delaware, 1776–1897, Unpubl. Ph.D. dissertation, University of Delaware 1968, and Randy J. Holland, The Delaware State Constitution. A Reference Guide, Westport, CT and London: Greenwood Press, 2002, 5–8. The constitution was preceded by the Constitution of 1776 (q. v.), and in 1831 replaced by the third Constitution of Delaware (q. v.). 2 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 918, “of”. 3 In ibid., 919, “commissioner”.
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4
In ibid., “or”. In ibid., 920, “in the time”. 6 In Draught of a constitution of government: published for the consideration of the citizens of the Delaware State; pursuant to an order of the Convention, of the 31st December, 1791, Wilmington: Printed by Peter Brynberg & Samuel Andrews, in Market Street, 1792, 7, “[. . . ] to the Age of Twenty-one Years, and have a Freehold in the County in which he shall be chosen, or personal Property of the Value of Two Hundred Pounds at least, and paid a State or County Tax, [. . . ]”. 7 In ibid., 7, “Twenty-five Years,” with the remaining text as in the final document. 8 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 922, word missing. 9 In Draught of a constitution of government, 11, “nine”. 10 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 923, “the”. 11 In Draught of a constitution of government, 13, additional sentence: “The returning Officers of all Elections of Governor, Senators, and Representatives, shall be chosen by the People.” 12 In the 1792 print misprinted as sect. 4. 13 In Draught of a constitution of government, 14, “Court of Chancery” missing as in subsequent sections, only to make its first appearance in Sect. 11 as in the final document. 14 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 926, “any”. 15 In ibid., “decisions”. 5
C ONSTITUTION OF D ELAWARE (1792) 16
In Session Laws, 1793, 23, “at” corrected by hand to “in”. 17 In Draught of a constitution of government, 17, appeared as Sect. 12: “No Lands or Tenements shall be sold by a Sheriff upon a Judgment and Execution, except in case of Mortgages or recognizances, unless it be found upon an Inquisition held by the Valuation of four judicious and substantial Freeholders, upon their Oaths or Affirmations, and under their Hands and Seals, that their clear Yearly Rents and profits beyond all Reprizes are not sufficient within seven Years to satisfy all Debts and Damages with costs of Suits, recovered against the Defendant his Heirs, Executors, or Administrators; upon which Inquisition shall be indorsed a List of all Debts and Damages, and the Reprizes considered by the Freeholders in finding the Inquest. No Deed shall be executed by a Sheriff to the Purchaser of Lands or Tenements, unless the Proceedings respecting the sale thereof shall be first approved by the Court from which the Execution issued.” This section was not included in the final document. 18 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 927, “convert”. 19 In Draught of a constitution of government, 18, the section continued: “The Chancellor shall hold his Office as long as he shall behave himself well therein, and shall be removable as Judges of the Supreme Court and Common Pleas are by this Constitution to be. The Prothonotaries of the several counties shall be clerks in Chancery in their respective counties.” The second sentence of Sect. 14 of the final constitution did not appear in the Draught. 20 In Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 927, “recognizance”.
21
In ibid., 928, “Error”. In Draught of a constitution of government, 21, appeared as Sect. 2: “Provision respecting the Militia shall be made by Law, conformably to the Constitution of The United States.” 23 In ibid., remaining part of the clause missing. 24 In ibid., 21–22, the sentence was inserted: “Every Sheriff shall keep a regular Statement and account of all Monies received by him as Sheriff, and of the / Application thereof, and of all Fees becoming due to him; and within three Months after the Expiration of his Office, shall deposit the Book containing the same, or a true duplicate thereof, among the Records of the Prothonotary’s Office, there to remain for inspection, under such penalties for Defaults as shall be prescribed by the Legislature; and in like Manner shall return a Statement and account of all Monies received an applied, and Fees becoming due, upon Sales made by him after the expiration of his Office, within three Months after every such Sale.” 25 In ibid., 22, “and Coroners” missing. 26 In Session Laws, 1793, 31, “to the”. 27 In Draught of a constitution of government, 23, “in one or more Seminaries of Learning” added. 28 In ibid., schedule missing. 29 According to Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 958, “Molleston”. 30 In Session Laws, 1793, 37, “Monroe”. 31 In ibid., “Shandland”. 32 According to Proceedings of the House of Assembly of the Delaware State, ed. by Bushman et al., 956, “Emmerson”. 22
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Amendment of 1802 [Amendment to the Constitution of Delaware of 1792]1
To strike out, make null and void, the fifteenth section of the sixth article of the constitution of this State, and to insert in lieu thereof, as the fifteenth section of the sixth article of the same, the following:
– Appeals may be made from the Orphans’ court, in cases where that court has original jurisdiction to the Supreme court, whose decision shall be final.
The chancellor shall compose the Orphans’ court of each county, and exercise the equity jurisdiction heretofore exercised by the Orphans’ court, except as to adjusting and settling executors, administrators and guardians accounts, in which cases he shall have an appellate jurisdiction from the sentence and decree of the Register. – This court may issue Process throughout the State to compel the attendance of witnesses.
1
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Verified by Laws of the State of Delaware; Passed at a Session of the General Assembly, Which was begun and held at Dover, on Tuesday, the 5th day of January, and ended on Friday, the 5th day of February, in the year of our Lord One Thousand Eight Hundred and Two, and of the Independence of the United States of America the Twenty-Sixth. Published by Authority, Dover: Printed by William Black, 1802, 256. The amendment was adopted by the General Assembly in January, 1801 as constitutionally required and finally ratified by both Houses on January 22, and February 5, 1802.
Failed Amendment of 1820 [Amendment to the Constitution of Delaware of 1792]1
To strike out, abrogate, make null and void the sixth and seventh articles of the constitution, and section fifth of article eight of the said constitution, and to ordain, establish and insert, in lieu and place thereof, the following as
ARTICLE VI S ECT. 1. The judicial power of this State shall be vested in a court of chancery, a superior court of law, and courts of oyer and terminer and general gaol delivery, in an orphans’ court, register’s court, and a court of quarter sessions of the peace, for each county, and in justices of the peace. S ECT. 2. The chancellor and judges of the superior court shall hold their offices during good behaviour; but for any reasonable cause which may not be a sufficient ground for impeachment, the governour may, in his discretion, remove any of them on the address of two thirds of all the members of each branch of the Legislature. They shall at stated times receive, for their services, adequate salaries, to be fixed by law, which shall not be diminished during their continuance in office, and shall be payable quarter yearly to their respective orders on the treasurer, out of any monies in the treasury. But they shall hold no other office of profit, nor receive any fees or perquisites. S ECT. 3. There shall be a judge of the superior court residing in each county. The jurisdiction of this court shall extend over the State. The judges shall, by virtue of their
offices, be justices of oyer and terminer and general gaol delivery, and of the courts of general quarter sessions of the peace and gaol delivery in the several counties. One judge shall compose and hold the court in each county, and the same judge shall not hold the courts two terms successively in the same county, unless it shall become necessary in consequence of the unavoidable non-attendance of one of the other judges, or unless the Legislature shall otherwise provide by law. In all cases where the opinion of the court shall be delivered, if either party by himself or counsel requires it, it shall be the duty of the judge to reduce the opinion so given, with his reasons therefor, to writing and file the same of records in the cause. Writs of error and appeals, when the opinion of the court is reduced to writing and filed of records as aforesaid, may be taken from this court to the high court of errors and appeals. Whenever a court of oyer and terminer is held in either county, all the judges of the superior court may sit, and not less than two thereof shall hold said court. S ECT. 4. The superior court of law hereby established, and the judges thereof, respectively, shall hold, possess and exercise the same jurisdictions, rights and powers now held, possessed and exercised by the present supreme court and court of common pleas, and the judges thereof, respectively, under and by virtue of the constitution and laws of this State: and all causes depending in the present supreme court and court of common pleas of this State, at the adoption and ratification of these amendments as parts of the constitution of this
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D ELAWARE State, shall, without prejudice thereto, be transferred to, entered in, and decided upon by the superior court hereby established, in the same manner as if the same originated therein; and the records of the present supreme court and court of common pleas of this State, respectively, shall be returned to, and preserved among, and considered as part of, the records of the superior court hereby established. S ECT. 5. In civil causes, when pending, the superior court shall have the power, before judgment, of directing, upon such terms as shall be deemed reasonable by the said court, amendments in pleading and legal proceedings, so that by error in any of them, the determination of causes according to their real merits shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm, or going out of the State, upon interrogations de bene esse, to be read in evidence, in case of the death or departure of the witnesses before the trial, or inability by reason of age, sickness, bodily infirmity or imprisonment, then to attend; and also the power of obtaining evidence from places not within the State. S ECT. 6. The prothonotaries of the superior court in each county, respectively, may issue process as heretofore, take recognizances of bail, and sign confessions of judgment: but no judgment in the superior court held for one county, shall bind lands or tenements in another, until a testatum fieri facias being issued, shall be entered of records in the office of the prothonotary of the county wherein the lands or tenements are situated. S ECT. 7. At any time pending an action for debt or damages, the defendant may bring into Court a sum of money for discharging the same, and the costs then accrued; and the plaintiff not accepting thereof,
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it shall be delivered for his use to the Prothonotary of the Court: and if upon the final decision of the Cause the plaintiff shall not recover a greater sum than that paid into Court for him, he shall not recover any costs accruing after such payment, except when the plaintiff is an executor or administrator. S ECT. 8. No person shall be a judge of the Superior Court of law, or the Chancellor of this State, except a natural born Citizen of this State or of the United States, residing in this State, learned in the law. S ECT. 9. The Chancellor of this State, after the adoption and ratification of these amendments as parts of the Constitution of this State, shall hold, possess and exercise the same jurisdiction, rights and powers that are now held possessed and exercised by the present Chancellor of this State, under and by virtue of the Constitution and laws of this State, and shall hold Courts of Chancery in the several Counties of this State as heretofore. In Cases of equity jurisdiction where the Chancellor is interested, the cognizance thereof shall belong to the Superior Court of law, in the proper County, with an appeal to the high Court of errors and appeals. S ECT. 10. The Chancellor shall compose the Orphan’s Court of each County and exercise the equity jurisdiction heretofore exercised by the Orphan’s Court, except as to the adjusting and settling executors’, administrators’ and guardians’ accounts, in which cases he shall have an appellate jurisdiction from the sentence and decree of the Register: this Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be had from the orphan’s Court, in cases where that Court has appellate as well as original jurisdiction, to the Superior Court, whose decision shall be final.
FAILED A MENDMENT OF 1820 S ECT. 11. The Chancellor or any judge of the Superior Court shall issue the writ of habeas corpus, in vacation time and out of term, when duly applied for, which shall be immediately obeyed. S ECT. 12. The Chancellor, or any judge of the Superior Court, may, unless the legislature shall otherwise provide by law, out of Court, take the acknowledgment of deeds, and the same being thereon certified, under his hand, such deeds shall be recorded and have the same effect as if acknowledged in open Court. S ECT. 13. By the death of any party, no suit in Chancery, or at law, where the cause of action survives, shall abate; but until the Legislature shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit: and if a respondent or defendant dies, the executor or administrator being duly served with a Scire Facias, thirty days before the return thereof, shall be considered as a party to the suit in the same manner as if he had voluntarily made himself a party: and in any of those cases the Court shall pass a decree, or render judgment for or against executors or administrators, as to right appertains: but where an executor or administrator of a deceased respondent or defendant becomes a party, the Court, upon motion, shall grant such a continuance of the Cause as to the judge shall appear proper. S ECT. 14. Whenever a person, not being an executor or administrator, appeals from a decree of the Chancellor or applies for a writ of error, such appeal or writ shall be no stay of proceeding in the Chancery or the Court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security, to be approved, respectively by the Chancellor or by the judge of
the Court from which the writ issues, that the appellant, or plaintiff, in error shall prosecute, respectively, his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he fail to make his plea good. S ECT. 15. No writ of error shall be brought upon any judgment heretofore confessed, entered or rendered, but within two years from this time; nor upon any judgment hereafter to be confessed, entered or rendered, but within two years after the confessing, entering or rendering thereof, unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within two years exclusive of the time of such disability. S ECT. 16. The registers of the several Counties shall, respectively, hold the registers Court in each County. Upon the litegation of a cause, the depositions of the witnesses examined shall be taken at large in writing, and make part of the proceedings in the Cause. This Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be made from the register’s Court to the Superior Court whose decisions shall be final. In Cases where a register is interested in questions concerning the probate of wills, the granting letters of administration, or executors’, administrators’, or guardians’ accounts, the cognizance thereof shall belong to the Orphan’s Court, with an appeal to the Superior Court, whose decision shall be final. S ECT. 17. An executor, administrator or guardian shall file every account with the register for the County, who shall, as soon as conveniently may be, carefully examine the particulars, with the proofs thereof, in the presence of such executor, administrator, or guardian, and shall adjust and settle
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D ELAWARE the same according to the very right of the matter and the law of the land; which account so settled shall remain in his office for inspection; and the administrator, executor or guardian shall, within three months after such settlement, give due notice in writing to all persons entitled to shares of the estate, or to their guardians, respectively, if residing within the State, that the account is lodged in the said office for inspection; and the Orphans’ Court shall hear the exceptions of any persons concerned, if any be made, and thereupon allow no demand whatever against the estate of the deceased, unless upon consideration of all circumstances, they shall be fully convinced that the same is therewith justly chargeable. Decisions of the register, however shall be final, unless exceptions be taken within five years next after such decision, except the party interested be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability. S ECT. 18. The governour shall appoint a competent number of persons to the office of justice of the peace (not exceeding the number at present authorized by the constitution and laws of this State, until two-thirds of both houses of the legislature shall, by law, direct an addition to the number) who shall be commissioned for seven years, if so long they shall behave themselves well; but may be removed by the governour, within that time, on conviction of misbehaviour in office, or on the address of both houses of the Legislature. The present justices of the peace, in the respective counties, shall continue to hold and exercise their respective offices until the expiration of their respective terms therein, liable only to removal according to the provisions of this section. S ECT. 19. The style of all process and public acts shall be “The State of Delaware”. Prosecutions shall be carried on in the name
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of the State, and shall conclude “against the peace and dignity of the State”. And the following as
ARTICLE VII S ECT. 1. There shall be a court styled the high Court of errors and appeals which shall consist of the Chancellor and of the judges of the superior court; any two of the judges of this court may proceed on business; but one judge may open and adjourn the court and make the necessary rules preliminary and preparatory to hearing causes, and interlocutory orders, for obtaining further and more complete returns of records. The chancellor or judge that has rendered judgment or passed a decree in any cause before removal, shall not sit judicially at the hearing of the same in this court; but may assign the reasons upon which such judgment was rendered or such decree passed. The chancellor shall preside, except when he cannot sit judicially; and in such cases, or in his absence, the judge present whose commission is prior in date, capable or qualified to sit, shall preside. This court shall have power to issue writs of error to, and receive, hear and determine appeals from the superior court; and also to receive, hear and determine appeals from interlocutory or final orders or decrees of the chancellor. Errors shall be assigned, and causes of appeal exhibited in writing speedily, and citations duly served on adverse parties. S ECT. 2. Upon the reversal of a judgment of the superior court, or a decree of the chancellor, this court shall respectively render such judgment or pass such decree as the superior court or the chancellor ought to have rendered or passed, except where the reversal is in favour of the plaintiff or petitioner in the original suit; and the damages
FAILED A MENDMENT OF 1820 to be assessed, or the matters to be decreed, are uncertain; in any of which cases the cause shall be remanded in order to a final decision. S ECT. 3. The judges of this court may issue all process proper for bringing records fully before them, and for carrying their determinations into execution. S ECT. 4. Justice shall be administered in the several counties of this State, until the judges of the superior court shall be selected and appointed, according to the provisions of these amendments, by the same justices, in the same courts, and in the same manner, as previous to the ratification of these amendments. And the following as Section 5 of
ARTICLE VIII The attorney general, Prothonotaries of the superior court, Registers for the probate of wills and granting letters of administration, and clerks of the high court of Errors and appeals, clerks of the Orphan’s court and
of the peace shall, respectively, be commissioned for five years, if so long they shall behave themselves well; but may be removed by the Governour within that time, on conviction of misbehaviour in office, or on the address of both houses of the Legislature. Prothonotaries, Clerks of the orphans Court, Registers and Sheriffs of the different counties, respectively, shall keep their offices in the town or place in each county, in which the Superior Court and Court of Chancery are usually held. 1 Verified by “Delaware, Legislative Papers, 1820 Jan.-Feb., Resolutions”, deposited at the Delaware Public Archives at Dover, DE. As was the case with the proposed amendment of 1801, ratified in 1802, the proposed amendment of 1820 was not published with the Session Laws, nor did its final version appear in the Journal of the Senate of the State of Delaware, Dover, Delaware: Printed by Augustus M. Schee, 1821. It was not before 1845 that proposed amendments were inserted into the volumes of the Session Laws, as in other states. Spelling, capitalization, and punctuation follow the manuscript, inconsistencies therein resulting from the fact that sects. 7 through 17 were written by a different hand. Italics are used when emphasis is given in the manuscript. The amendment was adopted by the Senate on January 15, 1820, and by the House of Representatives on January 20, 1820, but not ratified by the subsequent General Assembly. Its provisions, however, made up the major part of the alterations to the Constitution of 1831 (q.v.).
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Constitution of Delaware (1831) The Amended Constitution of the State of Delaware1
W E, the People, hereby ordain and establish this Constitution of Government for the State of Delaware. T HROUGH divine goodness, all men have by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects suitable to their condition, without injury by one to another; and as these rights are essential to their welfare, for the due exercise thereof, power is inherent in them; and therefore all just authority in the institutions of political society is derived from the people, and established with their consent, to advance their happiness: and they may for this end, as circumstances require, from time to time alter their Constitution of Government.
ARTICLE I S ECT. 1. Although it is the duty of all men frequently to assemble together for the public worship of the author of the universe; and piety and morality, on which the prosperity of communities depends, are thereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with, or in any manner control the rights of conscience,
in the free exercise of religious worship; nor shall a preference be given by law to any religious societies, denominations, or modes of worship. S ECT. 2. No religious test shall be required as a qualification to any office, or public trust, under this State. S ECT. 3. All elections shall be free and equal. S ECT. 4. Trial by jury shall be as heretofore. S ECT. 5. The press shall be free to every citizen, who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence: and in all indictments for libels the jury may determine the facts and the law, as in other cases. S ECT. 6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation. S ECT. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully
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D ELAWARE informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself, his friends or counsel, for obtaining witnesses in his favor, and a speedy and public trial by an impartial jury: he shall not be compelled to give evidence against himself; nor shall he be deprived of life, liberty, or property, unless by the judgment of his peers or the law of the land. S ECT. 8. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger: and no person shall be for the same offence twice put in jeopardy of life or limb; nor shall any man’s property be taken or applied to public use without the consent of his representatives, and without compensation being made. S ECT. 9. All courts shall be open; and every man for an injury done him in his reputation, person, moveable or immoveable possessions, shall have remedy by the due course of law, and justice administered according to the very right of the cause, and the law of the land, without sale, denial, or unreasonable delay or expense; and every action shall be tried in the county in which it shall be commenced, unless when the judges of the court in which the cause is to be tried, shall determine that an impartial trial therefor cannot be had in that county. Suits may be brought against the State, according to such regulations as shall be made by law. S ECT. 10. No power of suspending laws shall be exercised, but by authority of the Legislature. S ECT. 11. Excessive bail shall not be required, nor excessive fines imposed, nor
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cruel punishments inflicted: and in the construction of gaols, a proper regard shall be had to the health of prisoners. S ECT. 12. All prisoners shall be bailable by sufficient sureties, unless for capital offences when the proof is positive or the presumption great; and when persons are confined on accusation for such offences, their friends and counsel may at proper seasons have access to them. S ECT. 13. The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it. S ECT. 14. No commission of oyer and terminer or gaol delivery, shall be issued. S ECT. 15. No attainder shall work corruption of blood, nor except during the life of the offender, forfeiture of estate. The estates of those who destroy their own lives shall descend or vest as in case of natural death, and if any person be killed by accident, no forfeiture shall be thereby incurred. S ECT. 16. Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate effect and the influence of example, not only to endanger the public welfare and safety, but also in governments of a republican form, contravenes the social principles of such governments2 founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrance, or address. S ECT. 17. No standing army shall be kept up without the consent of the Legislature: and the military shall, in all cases and at all times, be in strict subordination to the civil power.
C ONSTITUTION OF D ELAWARE (1831) S ECT. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but by a civil magistrate, in a manner to be prescribed by law. S ECT. 19. No hereditary distinction shall be granted, nor any office created or exercised, the appointment to which shall be for a longer term than during good behaviour; and no person holding any office under this State, shall accept of any office or title of any kind whatever, from any King, Prince or foreign state. W E DECLARE THAT EVERY THING IN THIS ARTICLE IS RESERVED OUT OF THE GENERAL POWERS OF GOVERNMENT HEREINAFTER MENTIONED .
ARTICLE II S ECT. 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. S ECT. 2. The Representatives shall be chosen for two years, by the citizens residing in the several counties. No person shall be a representative who shall not have attained the age of twenty four years, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. There shall be seven Representatives chosen in each county until a greater number of Representatives shall by the General Assembly be judged necessary; and then, two thirds of each branch of the Legislature concurring, they may by law make provision for increasing their number.
S ECT. 3. The Senators shall be chosen for four years by the citizens residing in the several counties. No person shall be a Senator who shall not have attained to the age of twenty seven years, and have in the county in which he shall be chosen, a freehold estate in two hundred acres of land, or an estate in real and personal property, or in either, of the value of one thousand pounds at least, and have been a citizen and inhabitant of the State three years next preceding the first meeting of the Legislature after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. There shall be three Senators chosen in each county. When a greater number of Senators shall by the General Assembly be judged necessary, two thirds of each branch concurring, they may by law make provision for increasing their number; but the number of Senators shall never be greater than one half, nor less than one third of the number of Representatives. If the office of Representative, or the office of Senator, become vacant before the regular expiration of the term thereof, a Representative or a Senator shall be elected to fill such vacancy, and shall hold the office for the residue of said term. When there is a vacancy in either House of the General Assembly, and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy; which writ shall be executed as a writ issued by a Speaker of either House in case of vacancy. S ECT. 4. The General Assembly shall meet on the first tuesday of January, biennially, unless sooner convened by the Governor. The first meeting of the General Assem-
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D ELAWARE bly, under this amended Constitution, shall be on the first tuesday of January in the year of our Lord one thousand eight hundred and thirty three, which shall be the commencement of biennial sessions. S ECT. 5. Each House shall choose its Speaker and other officers; and also each House, whose Speaker shall exercise the office of Governor, may choose a Speaker pro tempore. S ECT. 6. Each House shall judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, in such manner, and under such penalties, as shall be deemed expedient. S ECT. 7. Each House may determine the rules of its proceedings, punish any of its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, and shall have all other powers necessary for a branch of the Legislature of a free and independent State. S ECT. 8. Each House shall keep a journal of its proceedings, and publish them immediately after every session, except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any member, be entered on the journal.
S ECT. 11. The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the State; but, no law varying the compensation shall take effect, till an election of Representatives shall have intervened. They shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. S ECT. 12. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased during such time. No person concerned in any army or navy contract, no member of congress, nor any person holding any office under this State or the United States, except the Attorney General, officers usually appointed by the courts of justice respectively, attornies at law and officers in the militia, holding no disqualifying office, shall during his continuance in Congress or in office be a Senator or Representative.
S ECT. 9. The doors of each House, and of committees of the whole, shall be open, unless when the business is such as ought to be kept secret.
S ECT. 13. When vacancies happen in either House, writs of election shall be issued by the Speakers respectively, or in cases of necessity, in such other manner as shall be provided by law; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected might have done, if such vacancies had not happened.
S ECT. 10. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
S ECT. 14. All bills for raising revenue shall originate in the House of Representatives; but, the Senate may propose alterations as on other bills; and no bill, from the operation of which when passed into a law
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C ONSTITUTION OF D ELAWARE (1831) revenue may incidentally arise, shall be accounted a bill for raising revenue; nor shall any matter or clause whatever, not immediately relating to and necessary for raising revenue, be in any manner blended with or annexed to a bill for raising revenue. S ECT. 15. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every two years. S ECT. 16. The State Treasurer shall be appointed biennially by the House of Representatives, with the concurrence of the Senate. In case of a vacancy in the office of State Treasurer in the recess of the General Assembly, either through omission of the General Assembly to appoint, or by the death, removal out of the State, resignation, or inability of the State Treasurer, or his failure to give security, the Governor shall fill the vacancy by appointment to continue until the next meeting of the General Assembly. The State Treasurer shall settle his accounts annually with the General Assembly or a committee thereof, which shall be appointed at every biennial session. No person, who hath served in the office of State Treasurer, shall be eligible to a seat in either House of the General Assembly, until he shall have made a final settlement of his accounts as Treasurer and discharged the balance, if any, due thereon. S ECT. 17. No act of incorporation, except for the renewal of existing corporations, shall be hereafter enacted without the concurrence of two thirds of each branch of the Legislature, and with a reserved power of revocation by the Legislature; and no act of incorporation which may hereafter be enacted, shall continue in force for a longer period than twenty years, without the reenactment of the Legislature, unless it be an incorporation for public improvement.
ARTICLE III S ECT. 1. The Supreme Executive powers of the State shall be vested in a Governor. S ECT. 2. The Governor shall be chosen by the citizens of the State. The returns of every election for Governor shall be sealed up, and immediately delivered by the returning officers of the several counties, to the Speaker of the Senate, or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State, who shall keep the same until a Speaker of the Senate shall be appointed, to whom they shall be immediately delivered after his appointment, who shall open and publish the same in the presence of the members of both Houses of the Legislature. Duplicates of the said returns shall also be immediately lodged with the Prothonotary of each county. The person having the highest number of votes shall be Governor: but, if two or more shall be equal in the highest number of votes, the members of the two Houses shall, by joint ballot, choose one of them to be Governor; and if, upon such ballot, two or more of them shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote. Contested elections of a Governor shall be determined by a joint committee, consisting of one third of all the members of each branch of the Legislature, to be selected by ballot of the Houses respectively: every person of the committee shall take an oath or affirmation, that in determining the said election, he will faithfully discharge the trust reposed in him; and the committee shall always sit with open doors. S ECT. 3. The Governor shall hold his office during four years from the third tuesday of January next ensuing his election;
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D ELAWARE and shall not be eligible a second time to said office. S ECT. 4. He shall be at least thirty years of age, and have been a citizen and inhabitant of the United States twelve years next before the first meeting of the Legislature after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State. S ECT. 5. No member of Congress, nor person holding any office under the United States or this State, shall exercise the office of Governor. S ECT. 6. The Governor shall, at stated times, receive for his services3 an adequate salary to be fixed by law, which shall be neither increased nor diminished during the period for which he shall have been elected. S ECT. 7. He shall be commander in chief of the army and navy of this State, and of the militia; except when they shall be called into the service of the United States. S ECT. 8. He shall appoint all officers whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for: but no person shall be appointed to an office within a county, who shall not have a right to vote for Representatives, and have been an inhabitant therein one year next before his appointment, nor hold the office longer than he continues to reside in the county. No member of congress, nor any person holding or exercising any office under the United States, shall at the same time hold or exercise the office of Judge, Treasurer, Attorney General, Secretary, Prothonotary, Register for the probate of wills and granting letters of administration, Recorder, Sheriff, or any office under this State, with a salary by law annexed to it, or any other office which the
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Legislature shall declare incompatible with offices or appointments under the United States. No person shall hold more than one of the following offices at the same time, to wit, Treasurer, Attorney General, Prothonotary, Register or Sheriff. All commissions shall be in the name of the State, shall be sealed with the great seal, and be signed and tested by the Governor. S ECT. 9. He shall have power to remit fines and forfeitures; and to grant reprieves and pardons, except in cases of Impeachment. He shall set forth in writing, fully, the grounds of all reprieves, pardons and remissions, to be entered in the Register of his official acts, and laid before the General Assembly at their next session. S ECT. 10. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. S ECT. 11. He shall from time to time give to the General Assembly information of affairs concerning the State, and recommend to their consideration such measures as he shall judge expedient. S ECT. 12. He may on extraordinary occasions convene the General Assembly; and in case of disagreement between the two Houses with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding three months. S ECT. 13. He shall take care that the laws be faithfully executed. S ECT. 14. Upon any vacancy happening in the office of Governor by his death, removal, resignation, or inability, the Speaker of the Senate shall exercise the office until a Governor elected by the people shall be duly qualified. If there be no Speaker of the Senate, or upon a further vacancy happening in the office by his death, removal,
C ONSTITUTION OF D ELAWARE (1831) resignation or inability, the Speaker of the House of Representatives shall exercise the office until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die or become disqualified before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Governor, there be no other person who can exercise said office within the provisions of the constitution, the Secretary of State shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect by joint ballot of both houses a person to exercise the office, until a Governor elected by the people shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor elect die, or become disqualified before the commencement of his term, or refuse to take the office, an election for Governor shall be held at the next General Election, unless the vacancy happen within six days next preceding the election, exclusive of the day of the happening of the vacancy and the day of the election: in that case, if an election for Governor would not have been held at said election, without the happening of such vacancy, no election for Governor shall be held at said election in consequence of such vacancy. If the trial of a contested election shall continue longer than until the third Tuesday of January next ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may then be in the exercise of the executive authority, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each branch of the Legislature.
S ECT. 15. A Secretary shall be appointed and commissioned during the Governor’s continuance in office, if he shall so long behave himself well. He shall keep a fair register of all the official acts and proceedings of the Governor, and shall when required by either branch of the Legislature, lay the same, and all papers, minutes, and vouchers, relative thereto, before them, and shall perform such other duties as shall be enjoined him by law. He shall have a compensation for his services to be fixed by law.
ARTICLE IV S ECT. 1. All elections for Governor, Senators, Representatives, Sheriffs and Coroners shall be held on the second tuesday of November, and be by ballot: And in such elections every free white male citizen, of the age of twenty two years or upwards, having resided in the State one year next before the election, and the last month thereof in the county where he offers to vote, and having within two years next before the election, paid a county tax, which shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty one years and under the age of twenty two years, having resided as aforesaid, shall be entitled to vote without payment of any tax: Provided, that no person in the military, naval, or marine service of the United States shall be considered as acquiring a residence in this State, by being stationed in any garrison, barrack, or military or naval place or station within this State; and no idiot, or insane person, pauper, or person convicted of a crime deemed by law felony, shall enjoy the right of an elector; and that the Legislature may impose the forfeiture of the right of suffrage, as a punishment for crime.
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D ELAWARE S ECT. 2. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from them.
ARTICLE V S ECT. 1. The House of Representatives shall have the sole power of impeaching: but two thirds of all the members must concur in an impeachment. All impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two thirds of all the Senators. S ECT. 2. The Governor and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under this State; but the party convicted shall nevertheless be subject to indictment, trial, judgment and punishment according to law. S ECT. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
ARTICLE VI S ECT. 1. The judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of
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Chancery, an Orphans Court, a Court of Oyer and Terminer, a Court of General Sessions of the Peace and Gaol Delivery, a Register’s Court, Justices of the Peace, and such other Courts as the General Assembly, with the concurrence of two thirds of all the members of both houses, shall from time to time establish. S ECT. 2. To compose the said Courts there shall be five Judges in the State. One of them shall be Chancellor of the State: he shall also be President of the Orphans Court: he may be appointed in any part of the State. The other four Judges shall compose the Superior Court, the Court of Oyer and Terminer and the Court of General Sessions of the Peace and Gaol Delivery, as hereinafter prescribed. One of them shall be Chief Justice of the State, and may be appointed in any part of it. The other three Judges shall be associate Judges, and one of them shall reside in each county. S ECT. 3. The Superior Court shall consist of the Chief Justice and two associate Judges. The Chief Justice shall preside in every county, and in his absence the senior associate Judge sitting in the county shall preside. No associate Judge shall sit in the county in which he resides. Two of said Judges shall constitute a quorum. One may open and adjourn the court, and make all rules necessary for the expediting of business. This court shall have jurisdiction of all causes of a civil nature real, personal and mixed, at common law, and all other the jurisdiction and powers vested by the laws of this State in the Supreme Court or Court of Common Pleas. S ECT. 4. The Court of General Sessions of the Peace and Gaol Delivery shall be composed in each county of the same Judges and in the same manner as the Superior Court. Two shall constitute a quorum. One may open and adjourn the Court.
C ONSTITUTION OF D ELAWARE (1831) This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Quarter Sessions of the Peace and Gaol Delivery. S ECT 5. The Chancellor shall hold the Court of Chancery. This Court shall have all the jurisdiction and4 powers vested by the laws of this State in the Court of Chancery. S ECT. 6. The Court of Oyer and Terminer shall consist of all the Judges except the Chancellor. Three of the said Judges shall constitute a quorum. One may open and adjourn the Court. This Court shall exercise the jurisdiction now vested in the Courts of Oyer and Terminer and General Gaol Delivery by the laws of this State. In the absence of the Chief Justice the senior associate present shall preside. S ECT. 7. The Court of Errors and Appeals shall have jurisdiction to issue writs of Error to the Superior Court and to receive Appeals from the Court of Chancery, and to determine finally all matters in error in the judgments and proceedings of said Superior Court, and all matters of appeal in the interlocutory or final decrees and proceedings in Chancery. The Court of Errors and Appeals upon a writ of Error to the Superior Court, shall consist of three Judges at least: that is to say, the Chancellor, who shall preside, the associate Judge who could not on account of his residence sit in the cause below, and one of the Judges who did sit in the said cause. The Judges of the Superior Court to whom it appertains to hold the Superior Court in each county, shall sit alternately in the Court of Errors and Appeals in cases in error brought from the Superior Court held in such county, according to the following rotation; that is to say: If the judgment below be rendered in the Court in New Castle County at the first term of the said Court there, the Chief Justice shall sit; if at the second term of said Court there, the
associate Judge for Kent County shall sit, and if at the third term of said Court there, the associate Judge for Sussex County shall sit. If the judgment below be rendered in the Court in Kent County at the first term of said Court there, the associate Judge for Sussex County shall sit, if at the second term of the said Court there, the associate Judge for New Castle County shall sit, and if at the third term of the said Court there, the Chief Justice shall sit. If the judgment below be rendered in the Court in Sussex County at the first term of said Court there, the associate Judge for New Castle County shall sit, if at the second term of the said Court there, the Chief Justice shall sit, and if at the third term of the said Court there, the associate Judge for Kent County shall sit: and so from term to term, in every succeeding rotation, the Judges beginning and following each other in the same order. But if in any case in the Court of Errors and Appeals, the Judge who sat in the cause below, and ought according to this provision to sit in the Court of Errors and Appeals, be absent, unable or disqualified, then either of the other Judges, who sat in the cause below, may sit: and the Court shall have power to prevent any inconvenience or delay from observing the rotation above prescribed by making an order or regulation for either of the Judges who sat in the cause below, to sit in such cause in the Court of Errors and Appeals. If a Judge did not sit in the cause below he shall sit in the said cause in the Court of Errors and Appeals, unless there be a legal exception to him; but the Court, if there be three Judges present, may proceed in his absence. Whenever the Superior Court consider that a question of law ought to be decided before all the Judges, they shall have power, upon the application of either party, to direct it to be heard in the Court of Errors and Appeals; and in that case the Chancellor and four Judges shall compose the Court of
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D ELAWARE Errors and Appeals, the Chancellor presiding, and any four of them being a quorum; and in the absence of the Chancellor the Chief Justice shall preside. The Superior Court in exercising this power may direct a cause to be proceeded in to verdict and judgment in that court, or to be otherwise proceeded in, as shall be best for expediting justice. Upon appeal from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and three associate Judges; any three of them shall be a quorum. S ECT. 8. In matters of Chancery Jurisdiction in which the Chancellor is interested, the Chief Justice sitting in the Superior Court without the associate Judges, shall have jurisdiction, with an appeal to the Court of Errors and Appeals, which shall consist in this case of the three associate Judges, the senior associate Judge presiding. S ECT. 9. The Governor shall have power to commission a Judge ad litem, to decide any cause in which there is a legal exception to the Chancellor or any Judge, so that such appointment is necessary to constitute a quorum in either Court. The Commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The Judge so appointed shall receive a reasonable compensation to be fixed by the General Assembly. A member of Congress, or any person holding or exercising an office under the United States, shall not be disqualified from being appointed a Judge ad litem. S ECT. 10. The Orphans Court, in each County, shall be held by the Chancellor and the associate Judge residing in the County; the Chancellor being President. Either of them, in the absence of the other, may hold the Court. When they concur in opinion
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there shall be no appeal from their decision except in the matter of real estate. When their opinions are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof there shall be an appeal to the Superior Court for the County, which shall have final jurisdiction in every such case. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Orphans Court. S ECT. 11. The jurisdiction of each of the aforesaid Courts shall be co-extensive with the State. Process may be issued out of each Court, in either County, into every county. S ECT. 12. The General Assembly, notwithstanding any thing contained in this article, shall have power to repeal or alter any act of the General Assembly, giving jurisdiction to the Courts of Oyer and Terminer and General Gaol Delivery, or to the Supreme Court, or the Court of Common Pleas, or the Court of General Quarter Sessions of the Peace and Gaol Delivery, or the Orphans Court, or to the Court of Chancery, in any matter or giving any power to either of said Courts. Until the General Assembly shall otherwise direct, there shall be an appeal to the Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly, to the High Court of Errors and Appeals. S ECT. 13. Until the General Assembly shall otherwise provide, the Chancellor shall exercise all the powers which any law of this State vests in the Chancellor, besides the general powers of the Court of Chancery; and the Chief Justice and associate Judges shall each singly, exercise all the powers which any law of this State vests in the Judges singly of the Supreme Court or Court of Common Pleas.
C ONSTITUTION OF D ELAWARE (1831) S ECT. 14. The Chancellor and Judges shall respectively hold their offices during good behaviour, and receive for their services a compensation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say: the annual salary of the Chief Justice shall not be less than the sum of one thousand two hundred dollars: and the annual salary of the Chancellor shall not be less than the sum of one thousand one hundred dollars: and the annual salaries of the associate Judges, respectively, shall not be less than the sum of one thousand dollars each. They shall hold no other office of profit, nor receive any fees or perquisites in addition to their salaries for business done by them. The Governor may for any reasonable cause in his discretion, remove any of them on the address of two thirds of all the members of each branch of the General Assembly. In all cases where the Legislature shall so address the Governor, the cause of removal shall be entered on the Journals of each house. The Judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied with the causes alledged for his removal, at least five days before the day on which either house of the General Assembly shall act thereupon. S ECT. 15. The General Assembly may by law give to any inferior courts by them to be established, or to one or more Justices of the Peace, jurisdiction of the criminal matters following, that is to say: assaults and batteries, keeping without license a public house of entertainment, tavern, inn, ale house, ordinary or victualling house, retailing or selling without licence, wine, rum, brandy, gin, whiskey or spirituous or mixed liquors, contrary to law, disturbing camp meetings held for the purpose of religious worship, disturbing other meetings for the purpose of religious worship,5 nuisances, horse racing, cock fighting and shooting
matches, Larcenies committed by negroes or mulattoes, and the offence of knowingly buying, receiving, or concealing by negroes or mulattoes, of stolen goods and things the subject of larceny, and of any negro or mulatto being accessary to any larceny. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by Grand Jury or trial by Petit Jury, and may grant or deny the privilege of appeal to the Court of General Sessions of the Peace: the matters within this section shall be and the same hereby are excepted and excluded from the provision of the Constitution, that – “no person shall for an indictable offence be proceeded against criminally by information –” and also from the provisions of the constitution concerning trial by jury. S ECT. 16. In civil causes when pending, the Superior Court shall have the power before judgment, of directing upon such terms as they shall deem reasonable, amendments in pleadings and legal proceedings, so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm, or going out of the State, upon interrogatories de bene esse, to be read in evidence, in case of the death or departure of the witnesses before the trial, or inability by reason of age, sickness, bodily infirmity, or imprisonment, then to attend; and also the power of obtaining evidence from places not within the6 State. S ECT. 17. At any time pending an action for debt or damages, the defendant may bring into court a sum of money for discharging the same, and the costs then accrued, and the plaintiff not accepting thereof, it shall be delivered for his use to the Clerk or Prothonotary of the Court; and if, upon the final decision of the cause, the plaintiff shall not recover a greater sum than
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D ELAWARE that so paid into court for him, he shall not recover any costs accruing after such payment, except where the plaintiff is an executor or administrator. S ECT. 18. By the death of any party, no suit in chancery or at law, where the cause of action survives, shall abate, but, until the Legislature shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies, the executor or administrator being duly served with a7 Scire Facias, thirty days before the return thereof, shall be considered as a party to the suit, in the same manner as if he had voluntarily made himself a party: and in any of those cases, the Court shall pass a decree, or render judgment for or against executors or administrators, as to right appertains. But where an executor or administrator of a deceased respondent or defendant becomes a party, the Court upon motion shall grant such a continuance of the cause as to the Judges shall appear proper. S ECT. 19. Whenever a person, not being an executor or administrator, appeals from a decree of the Chancellor or applies for a writ of error, such appeal or writ shall be no stay of proceeding in the Chancery, or the Court to which the writ issues, unless the appellant or plaintiff in error shall give sufficient security to be approved respectively by the Chancellor, or by a Judge of the Court from which the writ issues, that the appellant or plaintiff in error shall prosecute respectively his appeal or writ to effect and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error, if he fail to make his plea good. S ECT. 20. No writ of error shall be brought upon any judgment heretofore confessed, entered, or rendered, but within five
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years from this time: nor upon any judgment hereafter to be confessed, entered, or rendered, but within five years after the confessing, entering, or rendering thereof: unless the person entitled to such writ be an infant, feme covert, non compos mentis, or a prisoner, and then within five years exclusive of the time of such disability. S ECT. 21. An Executor, Administrator, or Guardian shall file every account with the Register for the County, who shall as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such Executor, administrator or Guardian, and shall adjust and settle the same, according to the very right of the matter and the law of the Land; which account so settled, shall remain in his office for inspection; and the Executor, Administrator, or Guardian, shall within three months after such settlement, give due notice in writing to all persons entitled to shares of the estate, or to their Guardians respectively, if residing within the State, that the account is lodged in the said office for inspection. Exceptions may be made by persons concerned to both sides of every such account either denying the justice of the allowances made to the accountant or alleging further charges against him; and the exceptions shall be heard in the Orphans Court for the County and thereupon the account shall be adjusted and settled according to the right of the matter and law8 of the land. S ECT. 22. The Registers of the several counties shall respectively hold the Register’s Court in each county. Upon the litigation of a cause the depositions of the witnesses examined, shall be taken at large in writing, and make part of the proceedings in the cause. This Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be made from a Register’s Court to the Superior Court, whose decisions shall be final.
C ONSTITUTION OF D ELAWARE (1831) In cases where a Register is interested in questions concerning the probate of wills, the granting letters of administration, or Executors, Administrators, or Guardians accounts, the cognizance thereof shall belong to the Orphans Court with an appeal to the Superior Court whose decision shall be final. S ECT. 23. The Prothonotary of the Superior Court may issue process take recognizances of bail and enter Judgments according to law and the practice of the Court.No Judgment in one County shall bind lands or tenements in another until a Testatum Fieri Facias being issued, shall be entered of record in the office of the Prothonotary of the County wherein the lands or tenements are situated. S ECT. 24. The Governor shall appoint a competent number of persons to the office of Justice of the Peace, not exceeding twelve in each county until two thirds of both Houses of the Legislature shall by law direct an addition to the number, who shall be commissioned for seven years, if so long they shall behave themselves well, but may be removed by the Governor within that time on conviction of misbehaviour in office, or on the address of both Houses of the Legislature. S ECT. 25. The style in all process and public acts shall be, The State of Delaware. Prosecutions shall be carried on in the name of the State.
ARTICLE VII S ECT. 1. The members of the Senate and House of Representatives, the Chancellor, the Judges, and the Attorney General shall by virtue of their offices, be conservators of the Peace throughout the State; and the Treasurer, Secretary, Prothonotaries, Registers, Recorders, Sheriffs, and Coroners,
shall by virtue of their offices, be conservators thereof, within the counties respectively in which they reside. S ECT. 2. The Representative, and when there shall be more than one, the Representatives of the people of this State in congress, shall be voted for at the same places where Representatives in the State Legislature are voted for, and in the same manner. S ECT. 3. The Sheriff and Coroner of each County shall be chosen by the Citizens residing in such County. They shall hold their respective offices for two years if so long they behave themselves well and until successors be duly qualified; but no person shall be twice chosen sheriff upon election by the Citizens in any term of four years. They shall be commissioned by the Governor. The Governor shall fill vacancies in these offices by appointments to continue until the next election and until successors shall be duly qualified. The Legislature two thirds of each branch concurring may vest the appointment of Sheriffs and Coroners in the Governor, but no person shall be twice appointed Sheriff in any term of six years. S ECT. 4. The attorney General Registers in Chancery, Prothonotaries, Registers, Clerks of the Orphans Court and of the Peace, shall respectively be commissioned for five years if so long they shall behave themselves well; but may be removed by the Governor within that time on conviction of misbehavior in office or on the address of both Houses of the Legislature. Prothonotaries, Registers in Chancery, Clerks of the Orphans Courts9 , Registers, Recorders and Sheriffs, shall keep their offices in the town or place in each county in which the Superior Court is usually held. S ECT. 5. Attornies at Law all inferior officers in the Treasury Department, election officers, officers relating to taxes, to
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D ELAWARE the poor and to High ways, Constables and hundred officers, shall be appointed in such manner as is or may be directed by Law. S ECT. 6. All salaries and fees annexed to offices shall be moderate; and no officer shall receive any fees whatever without giving to the person who pays, a receipt for them if required, therein specifying every particular and the charge for it. S ECT. 7. No costs shall be paid by a person accused on a bill being returned Ignoramus nor on acquittal by a Jury. S ECT. 8. The rights, privileges, immunities and estates of Religious Societies and corporate bodies shall remain as if the constitution of this State had not been altered.- No ordained clergyman or ordained Preacher of the Gospel of any denomination shall be capable of holding any civil office in this State or of being a member of either branch of the Legislature, while he continues in the exercise of the pastoral or clerical functions. S ECT. 9. All the Laws of this State existing at the time of making this Constitution and not inconsistent with it, shall remain in force unless they shall be altered by future Laws, and all actions and prosecutions now pending shall proceed as if this Constitution had not been made.
in such manner, as shall most effectually guard the rights of the Citizens entitled to vote; for better securing personal liberty and easily and speedily redressing all wrongful restraints thereof; for more certainly obtaining returns of impartial juries; for dividing Lands and Tenements in sales by Sheriffs, where they will bear a division, into as many parcels as may be without spoiling the whole, and for advertising and making the sales in such manner, and at such times, and places, as may render them most beneficial to all persons concerned; and for establishing schools, and promoting arts and sciences. S ECT. 12. No property qualification shall be necessary to the holding of any office in this State, except the office of Senator in the General Assembly and the offices of assessor, Inquisitor on Lands and Levy Court Commissioner and except such offices as the General Assembly shall by law designate.
ARTICLE VIII Members of the General Assembly, and all officers, Executive and Judicial, shall be bound by oath or affirmation, to support the Constitution of this State, and to perform the duties of their respective offices with fidelity.
S ECT. 10. This Constitution shall be prefixed to every edition of the Laws made by direction of the Legislature.
ARTICLE IX
S ECT. 11. The Legislature shall as soon as conveniently may be provide by law for ascertaining what statutes and parts of statutes shall continue to be in force within this State; for reducing them and all acts of the General Assembly into such order and publishing them in such manner that thereby the knowledge of them may be generally diffused; for choosing inspectors and judges of elections, and regulating the same
The General Assembly whenever two thirds of each House shall deem it necessary may with the approbation of the Governor propose amendments to this Constitution, and at least three and not more than six months before the next General election of Representatives duly publish them in print for the Consideration of the People; and if three fourths of each branch of the Legislature shall after such an election and before
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C ONSTITUTION OF D ELAWARE (1831) another, ratify the said amendments they shall be valid to all intents and purposes as parts of this Constitution. No Convention shall be called but by the authority of the People and an unexceptionable mode of making their sense known will be for them at a special election on the third Tuesday of May in any year to vote by ballot for or against a Convention, as they shall severally choose to do and if thereupon it shall appear that a majority of all the Citizens in the State, having right to vote for Representatives have voted for a Convention, the General assembly shall accordingly at their next Session call a Convention to consist of at least as many members as there are in both houses of the Legislature, to be chosen in the same manner at the same places and at the same time that Representatives are by the Citizens entitled to vote for Representatives on due notice given for one month and to meet within three months after they shall be elected. The majority of all the Citizens in the State having right to vote for Representatives shall be ascertained by reference to the highest number of votes cast in the State at any one of the three general elections, next preceding the day of voting for a Convention, except when they may be less than the whole number of votes voted both for and against a Convention, in which case the said majority shall be ascertained by reference to the number of votes given on the day of voting for or against a Convention: and whenever the General assembly shall deem a Convention necessary, they shall provide by Law for the holding of a special election for the purpose of ascertaining the sense of the majority of the Citizens of the State entitled to vote for Representatives.
SCHEDULE That no inconveniences may arise from the Amendments of the Constitution of this
State, and in order to carry the same into complete operation it is hereby declared and ordained: as follows – S ECT. 1. The offices of the present Senators and Representatives shall not be vacated by any amendment of the constitution made in this convention, nor otherwise affected, except that the terms of the Representatives and the terms of the Senators which will expire on the first tuesday of October in the year of our Lord one thousand eight hundred and thirty two are hereby extended to the second Tuesday of November in that year, and the terms of the Senators, which will expire on the first tuesday of October in the year of our Lord one thousand eight hundred and thirty three are hereby extended to the second Tuesday of November in that year: And the terms of the Senators which will expire on the first Tuesday of October in the year of our Lord one thousand eight hundred and thirty four, are hereby extended to the second tuesday of November in that year. The General Assembly shall meet on the first Tuesday of January next and shall not be within the amended provision respecting biennial sessions, which biennial sessions shall commence with the session of the General Assembly on the first Tuesday of January in the year of our Lord one thousand eight hundred and thirty three. S ECT. 2. The offices of the present Sheriffs and Coroners, shall not be vacated by any amendment to the constitution made in this convention, nor otherwise affected, except that the term of office of the Sheriff of Sussex County is hereby extended to the second Tuesday of November; in the year of Our Lord one thousand eight hundred and thirty two, and until a successor he duly qualified: and on the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty two;
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D ELAWARE shall be the first election for Sheriff in Sussex county under this amended Constitution. And the term of the present Coroner for Sussex County is hereby extended to the second tuesday of November in the year of Our Lord one thousand eight hundred and thirty four, and until a successor shall be duly qualified, and on the said last mentioned day shall be the first election for Coroner in Sussex County under this amended Constitution. The terms of the present Sheriffs and Coroners for Kent County and New Castle County are hereby extended to the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty three and untill successors to them respectively be duly qualified, and on or after the first Tuesday of November in the year of our Lord one thousand eight hundred and thirty three the Governor shall have power to appoint a Sheriff and a Coroner for New Castle County and a Sheriff and Coroner for Kent County to continue in office untill the second Tuesday of November in the year of Our Lord one thousand eight hundred and thirty four and until successors to them respectively be duly qualified. And on the said last mentioned day shall be the first election for Sheriff and for Coroner in New Castle County and in Kent County under this amended Constitution, unless a vacancy happen in the office of Sheriff or Coroner of New Castle or Kent County or of Coroner for Sussex County before the second tuesday of November in the year of our Lord one thousand eight hundred and thirty-two, in which case an election shall be held on that day for a Sheriff or Coroner under this amended Constitution, in place of the Sheriff and Coroner whose office has become vacant.
vember in the year of our Lord one thousand eight hundred and thirty two; which shall be the commencement of biennial elections. At this election one senator shall be chosen in each County for four years; also at the biennial election to be held in the several Counties on the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty four, two senators shall be chosen in each County for four years each. But as the term of one Senator in each County will expire on the second Tuesday of November in the year of our Lord one thousand eight hundred and thirty three when no election will be held, to provide for this special case a Senator shall be chosen in each County, at the election held on the second tuesday of November in the year of our Lord one thousand eight hundred and thirty two, for one year to succeed the senator for such county whose term will expire on the second tuesday of November in the year of our Lord one thousand eight hundred and thirty three and to continue in office untill the second tuesday of November in the year of our Lord one thousand eight hundred and thirty four, when two senators shall be chosen in each County as afore-provided.
S ECT. 3. The first election for Representatives under this amended constitution shall be held on the second tuesday of No-
S ECT. 5. This constitution as amended so far as shall concern the Judicial Department shall commence and be in operation
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S ECT. 4. The term of office of the present Governor shall not be vacated nor extended by any amendment made to the constitution in this convention; but the said office shall continue during the original term thereof; but the ninth and fourteenth sections of the third article of this constitution shall be immediately in force as amended. An election for Governor shall be held on the second tuesday of November in the year of our Lord one thousand eight hundred and thirty two.
C ONSTITUTION OF D ELAWARE (1831) from and after the third tuesday of January in the year of our Lord one thousand eight hundred and thirty two: All the courts of Justice now existing shall continue with their present Jurisdiction, and the Chancellor and Judges and the clerks of the said courts shall continue in office until the said third tuesday of January in the year of our Lord one thousand eight hundred and thirty two; upon which day the said courts shall be abolished, and the offices of the said chancellor, Judges and Clerks shall expire. All writs of Error and Appeals and proceedings which, on the third tuesday of January in the year of our Lord one thousand eight hundred and thirty two shall be depending in the High Court of Errors10 and Appeals and all the Books, records, and papers of said Court shall be transferred to the Court of Errors and Appeals established by this amended Constitution; And the said writs of Error, Appeals, and proceedings shall be proceeded in in the said Court of Errors and Appeals to final judgment, decree, or other determination. All suits proceedings and matters which, on the third tuesday of January in the year of our Lord one thousand eight hundred and thirty two, shall be depending in the supreme Court or Court of Common Pleas, and all books, records, and papers of the said courts shall be transferred to the Superior Court established by this amended constitution, and the said suits, proceedings, and matters shall be proceeded in to final judgment, or determination in the said Superior Court, All Indictments proceedings and matters which on the third Tuesday of January in the year of our Lord one thousand eight hundred and thirty two shall be depending in the court of General Quarter Sessions of the Peace and Gaol Delivery, shall be transferred to and proceeded in to final judgment and determination in the court of General Sessions of the Peace and Gaol Delivery established by this amended con-
stitution, and all books, records, and papers of said court of General Quarter Sessions of the Peace and Gaol Delivery shall be transferred to the said court of General Sessions of the Peace and Gaol Delivery. All suits, proceedings, and matters which, on the third tuesday of January in the year of our Lord one thousand eight hundred and thirty two, shall be depending in the court of Chancery or in the Orphans court and all records, books, and papers of said courts respectively shall be transferred to the court of Chancery or Orphans Court respectively, established by this amended Constitution, and the said suits, proceedings, and matters shall be proceeded in to final decree order or other determination. S ECT. 6. The Registers’ Courts11 and Justices of the Peace shall not be affected by any amendments of the constitution made in this convention; but the said courts and the terms of office of Registers12 and Justices of the Peace shall remain the same, as if said amendments had not been made. S ECT. 7. The General Assembly shall have power to make any law13 necessary to carry into effect this amended constitution. S ECT. 8. The provision in the twentieth section of the sixth article of this amended constitution (being the thirteenth section of the sixth article of the original constitution) of limitation of writs of error shall have relation to, and take date from, the twelfth day of June in the year of our Lord one thousand seven hundred and ninety two the date of said original Constitution. S ECT. 9. The Governor shall have power to issue writs of election to supply vacancies in either House of the General Assembly, that have happened or may happen. S ECT. 10. It is declared that nothing in this amended constitution gives a writ of Error from the court of Errors and Appeals
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D ELAWARE to the court of Oyer and Terminer or court of General Sessions of the Peace and Gaol Delivery, nor an appeal from the court of General Sessions of the Peace and Gaol Delivery. The acts of the General Assembly increasing the number of Justices of the Peace shall remain in force until repealed by the General Assembly and no office shall be vacated by the amendments to this constitu-
tion, unless the same be expressly vacated thereby, or the vacating the same is necessary to give effect to the Amendments.14 Done in Convention the second day of December, in the year of our Lord one thousand eight hundred and thirty one, and of the Independence of the United States of America the fifty sixth. In testimony whereof we have hereunto subscribed our Names.
CHARLES POLK, President Thomas Adams John Caulk John M. Clayton Peter L. Cooper Thomas Deakyne Edw. Dingle Wm. Dunning John Elliott James Fisher Willard Hall Thomas W. Handy John Harlan Charles H. Haughey Hughitt Layton
James C. Lynch James B. Macomb Joseph Maull Elias Naudain William Nicholls Samuel Ratcliff John Raymond Geo. Read Jun. Henry F. Rodney James Rogers Wm. Seal P. Spruance Jr. Wm. D. Waples
Attest W. P. BROBSON, Secretary
1
Verified by “The Amended Constitution of the State of Delaware” as published in Journal of the Convention, of the People of the State of Delaware, which assembled at Dover, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-One, and of the Independence of the United States, the Fifty-Sixth, Wilmington: R. & J. B. Porter, Printers, [1831], 81–103, and corrected according to the original manuscript, located in the Delaware Public Archives at Dover, DE. Also checked against The Amended Constitution of the State of Delaware, Adopted in the Convention of the People of Said State, at Dover, On the Second Day of December in the Year of Our Lord, One Thousand Eight Hundred and Thirty-One, and Of the Independence of the United States, the Fifty-Sixth, Wilmington, D.: R. Porter & Son, Printers, [1831], 24 p., and the text as published in Debates of the Delaware Convention, for Revising the Constitution of the State, or Adopting a New One, Held at Dover, November, 1831. Reported
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for the Delaware Gazette and American Watchman, by William M. Gouge, Wilmington: Printed and Published by Samuel Harker, 1831 245–264. Spelling, capitalization, and punctuation follow the handwritten original, even when inconsistent or apparently erred. Italics are used when emphasis is given in the manuscript. The constitution replaced the Constitution of 1792 (q. v.) and went into effect in 1832. As the adoption of a new constitution failed in 1853 (q. v.), it was once successfully amended before the Civil War in 1855 (q. v.), while five other attempts of amending the constitution failed (q. v.). It continued in force until 1897, when it was replaced by the fourth constitution of Delaware. 2 In Journal of the Convention, 83, “government”. 3 In Debates of the Delaware Convention, 250, “service”. 4 In The Amended Constitution, 13, and Debates of
C ONSTITUTION OF D ELAWARE (1831) the Delaware Convention, 254, last two words missing. 5 In Debates of the Delaware Convention, 256, clause missing. 6 In Journal of the Convention, 94, The Amended Constitution, 16, and Debates of the Delaware Convention, 257, “this”. 7 In Debates of the Delaware Convention, 257, word missing. 8 In Journal of the Convention, 96, The Amended
Constitution, 17, and Debates of the Delaware Convention, 258, “the law”. 9 In Journal of the Convention, 97, The Amended Constitution, 19, and Debates of the Delaware Convention, 259, “Court”. 10 In Debates of the Delaware Convention, 263, “Error”. 11 Ibid., 264, “Court”. 12 Ibid., “Register”. 13 In Journal of the Convention, 102, “laws”. 14 Ibid., 103, rest missing.
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Failed Amendment of 1845 [Amendment to the Constitution of Delaware of 1831]1
To strike out the first clause of the first section of the fourth article of the constitution of this State, and in lieu thereof, insert and adopt the following, that is to say: All elections for Governor, Senators, Representatives, Sheriffs and Coroners, shall be held on the Tuesday next after the first Monday in the month of November, of the year in which they are to be held, and be by ballot.
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1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday the seventh day of January, in the year of our Lord, One Thousand Eight Hundred and Forty-Five, and of the Independence of the United States of America the Sixty-Ninth. By Authority, Dover: S. Kimmey, Printer, 1845, 22. The amendment was adopted by the General Assembly on February 6, 1845 as constitutionally required but not ratified by the subsequent legislature. It was proposed again in 1849 and finally ratified in 1855 (q. v.).
Failed Amendment of 1849 [Amendment to the Constitution of Delaware of 1831]1
To strike out the first clause of the first section of the fourth article of the Constitution of this State, and in lieu thereof insert and adopt the following, that is to say: All elections for governor, senators, representatives, sheriffs and coroners, shall be held on the Tuesday next after the first Monday in the month of November of the year in which they are to be held, and be by ballot.
1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday the fifth day of January, in the year of our Lord, One Thousand Eight Hundred and Forty-Nine, and of the Independence of the United States of America the Seventy-Third. By Authority, Dover: S. Kimmey, Printer, 1849, 239. The amendment, having already failed in 1845–47 (q. v.), was adopted by the General Assembly on January 12, 1849 as constitutionally required. It again went unratified by the subsequent legislature. Ratification came only in 1855 (q. v.).
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Amendment of 1855 [Amendment to the Constitution of Delaware of 1831]1
To strike out the first clause of the first section of the fourth article of the constitution of this State, and insert instead thereof, the words: All elections for Governor, Senators, Representatives, Sheriffs and Coroners, shall be held on the Tuesday next after the first Monday in the month of November of the year in which they are to be held, and be by ballot.
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1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday, the second day of January, in the year of our Lord, One Thousand Eight Hundred and Fifty-Five, and of the Independence of the United States of America the Seventy-Ninth. By Authority, Milford: Mahan Brothers, Printers, 1855, 164. The amendment, having failed in 1845–47 and 1849–51 (q. v.), was adopted by the General Assembly on January 24, 1853 as constitutionally required, and finally ratified on January 30, 1855.
Failed Amendment of 1855 [Amendment to the Constitution of Delaware of 1831]1
No Lottery nor sale of tickets in any lottery, nor Act in any way aiding or promoting a lottery shall be authorized or permitted in this State, after the first day of January one thousand eight hundred and sixty-two, and it shall be the duty of the General Assembly to enact necessary laws to suppress all Lotteries, and to prevent the sale of Lottery Tickets, or any Acts aiding or promoting any Lottery within this State, after the above named date.
1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday, the second day of January, in the year of our Lord, One Thousand Eight Hundred and Fifty-Five, and of the Independence of the United States of America the Seventy-Ninth. By Authority, Milford: Mahan Brothers, Printers, 1855, 311. The amendment was adopted by the General Assembly on March 2, 1855 as constitutionally required, but was not ratified by the subsequent legislature.
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Failed Amendment of 1857 [Amendment to the Constitution of Delaware of 1831, for the purpose of abolishing life tenures in office]1
To strike out the first clause of the fourteenth section of the sixth article, the words “during good behaviour”, and in lieu thereof insert and adopt the following, that is to say: For and during the term of twelve years, if so long they behave themselves well; the first term of the Chancellor and of each and all of the Judges to begin and commence on the fourth day of March, A. D. 1859.
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1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday, the sixth day of January, in the year of our Lord, One Thousand Eight Hundred and Fifty-Seven, and of the Independence of the United States of America the Eighty-First. By Authority, Milford: George W. Mahan, Printer, 1857, 434. The amendment was adopted by the General Assembly as constitutionally required on February 24, 1857, but was not ratified by the subsequent legislature and immediately proposed anew (q. v.), only to fail a second time.
Failed Amendment of 1859 [Amendment to the Constitution of Delaware of 1831, for the purpose of abolishing Life-tenures in office]1
To strike out the first clause of the fourteenth section of the sixth article, the words “during good behavior”, and in lieu thereof insert and adopt the following, that is to say: For and during the term of twelve years, if so long they behave themselves well; the first term of the chancellor and of each and all of the judges, to begin and commence on the fourth day of March, A. D. 1861.
1
Verified by Laws of the State of Delaware, Passed at a Session of the General Assembly, Commenced and held at Dover, on Tuesday, the fourth day of January, in the year of our Lord, One Thousand Eight Hundred and Fifty-Nine, and of the Independence of the United States of America the Eighty-Third. Published by Authority, Dover: Printed by George W. S. Nicholson, 1859, 665. The amendment, having already failed in 1857–59 (q. v.), was adopted anew by the General Assembly on February 16, 1859 as constitutionally required. It was not ratified by the subsequent legislature.
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Failed Constitution of Delaware (1853) The Amended Constitution of the State of Delaware1
We the People hereby ordain and establish this Constitution of Government for the State of Delaware. Through Divine goodness all men have by nature, the rights of worshipping and serving their Creator according to the dictates of their consciences, of enjoying and defending life and liberty, of acquiring and protecting reputation and property, and in general of attaining objects suitable to their condition without injury by one to another: and as these rights are essential to their welfare, for the due exercise thereof power is inherent in them; and therefore all just authority in the institutions of political society is derived from the People, and established with their consent to advance their happiness; and they may, for this end, as circumstances require, from time to time alter their Constitution of Government.
ARTICLE I S ECT. 1. Although it is the duty of all men frequently to assemble together for the public worship of the Author of the Universe, and piety and morality, on which the prosperity of communities depends are thereby promoted, yet no man shall or ought to be compelled to attend any religious worship to contribute to the erection or support of any place of worship or to the maintenance of any ministry, against his own free will and consent: and no power shall or ought to be vested in or assumed by any magistrate, that shall in any case interfere with or in any manner control the rights of conscience, in
the free exercise of religious worship: nor shall a preference be given by law to any religious societies, denominations or modes of worship. S ECT. 2. No religious test shall be required as a qualification to any office, or public trust, under this State. S ECT. 3. All elections shall be free and equal. S ECT. 4. Trial by Jury shall be as heretofore. S ECT. 5. The press shall he free to every citizen who undertakes to examine the official conduct of men acting in a public capacity: and any citizen may print on any subject, being responsible for the abuse of that liberty. In prosecutions for publications investigating the proceedings of officers, or where the matter published is proper for public information, the truth thereof may be given in evidence: and in all indictments for libels the jury may determine the facts and the law as in other cases. S ECT. 6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures: and no warrant to search any place, or to seize any person or things, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation. S ECT. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in
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D ELAWARE their examination face to face, to have compulsory process in due time, on application by himself, his friends or counsel for obtaining witnesses in his favour and a speedy and public trial by an impartial jury: he shall not be compelled to give evidence against himself: nor shall he be deprived of life, liberty or property, unless by the judgment of his peers or the law of the land. S ECT. 8. No person shall for any indictable offence be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger: and no person shall be for the same offence twice put in jeopardy of life or limb; nor shall any man’s property be taken or applied to public use without the consent of his representatives, and without compensation being made. S ECT. 9. All courts shall be open: and every man for an injury done him in his reputation, person moveable or immoveable possessions, shall have remedy by the due course of law and justice administered according to the very right of the cause and the law of the land without sale, denial, or unreasonable delay or expense: and every action shall be tried in the county in which it shall be commenced, unless when the judges of the Court, in which the cause is to be tried shall determine that an impartial trial therefor cannot be had in that county: suits may be brought against the State according to such regulations as shall be made by law. S ECT. 10. No power of suspending laws shall be exercised but by authority of the General Assembly. S ECT. 11. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted: and in the construction of gaols, a proper regard shall be had to the health of prisoners.
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S ECT. 12. All prisoners shall be bailable by sufficient surities, unless for capital offences when the proof is positive or the presumption great; and when persons are confined on accusation for such offences, their friends and counsel may, at proper seasons, have access to them. S ECT. 13. The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion, or invasion the public safety may require it. S ECT. 14. No commission of Oyer and Terminer or Gaol delivery shall be issued. S ECT. 15. No attainder shall work corruption of blood, nor except during the life of the offender, forfeiture of estate. The estates of those who destroy their own lives, shall descend or vest as in case of natural death: and if any person be killed by accident, no forfeiture shall be thereby incurred. S ECT. 16. Although disobedience to laws by a part of the people, upon suggestions of impolicy or injustice in them, tends by immediate effect and the influence of example, not only to endanger the public welfare and safety, but also in governments of a republican form, contravenes the social principles of such governments founded on common consent for common good; yet the citizens have a right in an orderly manner to meet together, and to apply to persons intrusted with the powers of government, for redress of grievances or other proper purposes, by petition, remonstrance or address2 . S ECT. 17. No standing army shall be kept up without the consent of the General Assembly: and the military shall in all cases and at all times be in strict subordination to the civil power. S ECT. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but by a civil magistrate, in a manner to be prescribed by law.
FAILED C ONSTITUTION OF D ELAWARE (1853) S ECT. 19. No hereditary distinction shall be granted, nor any office be3 created or exercised, the appointment to which shall be for a longer term than during good behaviour; and no person holding any office under this State, shall accept of any office or title of any kind whatever from any King, Prince or foreign State. We declare that every thing in this Article is reserved out of the General Powers of Government herein after mentioned.
ARTICLE II S ECT. 1. The legislative power of this State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives. S ECT. 2. The Representatives shall be chosen for two years by the citizens residing in the several counties. No person shall be a Representative who shall not have attained the age of twenty-four years and have been a citizen and inhabitant of the State three years next preceding the first meeting of the General Assembly after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. The House of Representatives shall consist of twenty-nine members, twelve of whom shall be chosen from New Castle County, eight from Kent County and nine from Sussex County; and when a greater number of Representatives shall by the General Assembly be deemed necessary, then two-thirds of each branch of the General Assembly concurring, may by law make provision for increasing their number and for a re-apportionment among the Counties. But the number of Representatives shall never be greater than thirty-five.
S ECT. 3. The Senators shall be chosen for four years, by the citizens residing in the several Counties. No person shall be a Senator who shall not have attained to the age of twenty-seven years, and have been a citizen and inhabitant of the State three years next proceeding the first meeting of the General Assembly after his election, and the last year of that term an inhabitant of the county in which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State. There shall be four Senators chosen in each county. When a greater number of Senators shall by the General Assembly be deemed necessary, two thirds of each branch concurring may by law make provision for increasing their number; but the number of Senators shall never be greater than one-half nor less than one-third of the number of Representatives. If the office of Representative or the office of Senator become vacant before the regular expiration of the term thereof, a Representative or a Senator shall be elected to fill such vacancy and shall hold the office for the residue of said term. When there is a vacancy in either House of the General Assembly and the General Assembly is not in session, the Governor shall have power to issue a writ of election to fill such vacancy, which writ shall be executed as a writ issued by the Speaker of either House in case of vacancy. S ECT. 4. The General Assembly shall meet biennially and not oftener unless convened by the Governor. The first meeting shall be on the first Tuesday in January in the year of our Lord one thousand eight hundred and fifty-five, and the subsequent meetings on the first Tuesday in January in every second year thereafter. No session except that first held after the adoption of this amended Constitution shall continue for a longer period than five weeks from its commencement.
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D ELAWARE S ECT. 5. Each House shall choose its Speaker and other officers, and also each House whose Speaker shall exercise the office of Governor may choose a Speaker pro tempore. S ECT. 6. Each House shall judge of the elections, returns and qualifications of its own members; and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and shall be authorized to compel the attendance of absent members, in such manner, and under such penalties as shall be deemed expedient. S ECT. 7. Each House may determine the rules of its proceedings, punish any of its members for disorderly behaviour, and with the concurrence of two thirds expel a member, and shall have all other powers necessary for a branch of the General Assembly of a free and independent State. S ECT. 8. Each House shall keep a journal of its proceedings, and publish them immediately after every session except such parts as may require secrecy; and the yeas and nays of the members on any question shall, at the desire of any member be entered on the journal. S ECT. 9. The doors of each House and of Committees of the whole, shall be open, unless when the business is such as ought to be kept secret. S ECT. 10. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. S ECT. 11. The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the Treasury of the State; but no law varying the compensation shall take effect till an election of Representatives shall
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have intervened. They shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place. S ECT. 12. No Senator or Representative shall, during the time for which he shall have been elected, be elected or appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during such time. No person concerned in any army or navy contract, no member of Congress, nor any person holding any office under this State or the United States, except the Attorney General, officers usually appointed by the Courts of Justice respectively, Attorneys at Law and officers in the militia holding no disqualifying office, shall during his continuance in Congress or in office, be a Senator or Representative. S ECT. 13. When vacancies happen in either House, writs of election may be issued by the Speakers respectively, or in cases of necessity, in such other manner as shall be provided by law; and the persons thereupon chosen shall hold their seats as long as those in whose stead they are elected, might have done, if such vacancies had not happened. S ECT. 14. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose alterations as on other bills; and no bill, from the operation of which when passed into a law revenue may incidentally arise, shall be accounted a bill for raising revenue; nor shall any matter or clause whatever, not immediately relating to and necessary for raising revenue, be in any manner blended with or annexed to, a bill for raising revenue.
FAILED C ONSTITUTION OF D ELAWARE (1853) S ECT. 15. No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published at least once in every two years. S ECT. 16. The State Treasurer shall settle his accounts annually with the General Assembly or a committee thereof, which shall be appointed at every biennial session. No person who hath served in the office of State Treasurer shall be eligible to a seat in either House of the General Assembly until he shall have made a final settlement of his accounts as Treasurer and discharged the balance, if any, due thereon. S ECT. 17. No act of incorporation, except for the renewal of existing corporations shall be hereafter enacted or altered without the concurrence of two-thirds of each branch of the General Assembly, and with a reserved power of revocation by the General Assembly; and no act of incorporation which may be hereafter enacted shall continue in force for a longer period than twenty years, without the re-enactment of the General Assembly, unless it be an incorporation for public improvement. No corporate body shall be hereafter created, renewed or extended, with banking or discounting privileges, unless three months previous notice of the intended application for the same shall have been given by publication in not less than three newspapers in the State, one of which shall be in each of the Counties wherein a newspaper may be published. S ECT. 18. No debt shall hereafter be contracted by the General Assembly, except for money borrowed to defray the expenses of Government, nor shall the credit of the State, in any manner be given or loaned to, or in aid of, any individual, association or corporation, nor shall the General Assembly
have the power, in any mode to involve the State in the construction of works of internal improvement, or in any enterprise which shall involve the faith or credit of the State, or make any appropriation therefor. S ECT. 19. Every local or private law enacted by the General Assembly, shall embrace but one subject, and that shall be described in the title. No bill, or joint resolution having the effect of law, shall become a law unless it be read on three different days of the session in each House, except that bills introduced within the five last days of the session may be read twice in one day, three fourths of the members of the House where such bill is pending concurring therein; and no bill shall be passed unless by assent of a majority of all the members elected to each branch of the General Assembly; and the question upon the final passage shall be taken immediately upon its last reading and the yeas and nays entered on the journal. S ECT. 20. No divorce shall be granted by the General Assembly. S ECT. 21. No lottery grant shall be made or authorized by the General Assembly, after the first day of April, in the year of our Lord, One thousand eight hundred and sixty-two; nor shall any such grant made or authorised hereafter, continue in force beyond that period. S ECT. 22. The General Assembly shall not by special enactment hereafter vacate, nor authorize the laying out of, any public road, except roads to be made and supported by Corporations.
ARTICLE III S ECT. 1. All officers whose offices are established by this Constitution or shall be established by law, and whose appointments are not herein otherwise provided for, shall
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D ELAWARE be elected by the people: but no person shall be4 eligible to an office within a county who shall not have a right to vote for Representatives and have been an inhabitant therein one year next before his election, nor hold the office longer than he continues to reside in the county: but such residence shall not be necessary to the eligibility of Judges, or any officer elected by the voters throughout the State. No member of Congress nor any person holding or exercising any office under the United States, shall, at the same time, hold or exercise the office of Judge, Treasurer, Attorney General, Secretary of State, Prothonotary, Register for the Probate of Wills and granting letters of administration, Recorder, Sheriff or any office under this State with a salary by law annexed to it, or any other office which the General Assembly shall declare incompatible with offices5 or appointments under the United States. S ECT. 2. No person shall hold more than one of the following offices at the same time, to-wit: Treasurer, Attorney General, Clerk of the Peace, Recorder, Auditor of Accounts, Coroner, Prothonotary, Register or Sheriff. All commissions shall be in the name of the State, shall be sealed with the Great Seal and signed and attested by the Governor. S ECT. 3. In all cases of vacancies happening during the interval between two elections in any of the offices made elective by this Constitution, the Governor shall fill such vacancies, by granting commissions to continue in force until successors shall he duly elected and qualified, and no longer. S ECT. 4. Life tenures in office are hereby abolished.
ARTICLE IV S ECT. 1. The Supreme Executive powers
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of the State shall be vested in a Governor. S ECT. 2. The Governor shall be chosen by the citizens of the State. The returns of every election for Governor shall be sealed up and immediately delivered by the returning officers of the several counties to the Speaker of the Senate, or in case of the vacancy of the office of the Speaker of the Senate, or his absence from the State, to the Secretary of State who shall keep the same until a Speaker of the Senate shall be appointed, to whom they shall be immediately delivered after his appointment who shall open and publish the same in the presence of the members of both Houses of the General Assembly. Duplicates of the said returns6 shall also be immediately lodged with the Prothonotary of each county. The person having the highest number of votes shall be Governor; but if two or more shall be equal in the highest number of votes, the members of the two Houses shall by joint ballot choose one of them to he Governor; and if, upon such ballot, two or more of them7 shall still be equal and highest in votes, the Speaker of the Senate shall have an additional casting vote. Contested elections of a Governor shall be determined by a joint committee, consisting of not less than one third of all the members of each branch of the General Assembly, to be selected by ballot of the Houses respectively; every person of the committee shall take an oath or affirmation, that in determining the said election he will faithfully discharge the trust reposed in him: and the committee shall always sit with open doors. S ECT. 3. The Governor shall hold his office during four years from the third Tuesday of January, next ensuing his election, and shall not be eligible a second time to said office. S ECT. 4. He shall be at least thirty years of age, and have been a citizen and inhabitant of the United States twelve years next
FAILED C ONSTITUTION OF D ELAWARE (1853) before the first meeting of the General Assembly after his election, and the last six of that term an inhabitant of this State, unless he shall have been absent on the public business of the United States or of this State. S ECT. 5. No member of Congress, nor person holding any office under the United States or this State, shall exercise the office of Governor. S ECT. 6. The Governor shall at stated times receive for his services an adequate salary, to be fixed by law, not exceeding one thousand dollars per annum, which shall be neither increased nor8 diminished during the period for which he shall have been elected. S ECT. 7. He shall be commander-in-chief of the Army and navy of this State and of the militia; except when they shall be called into the service of the United States. SECT. 8. He shall have power to remit fines and forfeitures and to grant reprieves and pardons, except in cases9 of impeachment. He shall set forth in writing, fully, the grounds of all reprieves, pardons and remissions, to be entered in the Register of his official acts, and laid before the General Assembly at their next session. SECT. 9. He may require information in writing from the officers in the Executive department, upon any subject relating to the duties of their respective Offices. SECT. 10. He shall from time to time give to the General Assembly information of affairs concerning the State, and recommend to their consideration such measures as he shall judge expedient. SECT. 11. He may on extraordinary occasions convene the General Assembly, and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding three months.
SECT. 12. He shall take care that the laws be faithfully executed. SECT. 13. Upon any vacancy happening in the office of Governor, by his death, removal, resignation or inability, the Speaker of the Senate shall exercise the office, until a Governor elected by the people shall be duly qualified. If there be no Speaker of the Senate, or upon a further vacancy happening in the office by his death, removal, resignation or inability, the Speaker of the House of Representatives shall exercise the office, until a Governor elected by the people shall be duly qualified. If the person elected Governor shall die, or become disqualified before the commencement of his term of office, or shall refuse to take the same, the person holding the office shall continue to exercise it, until a Governor shall be elected and duly qualified. If upon a vacancy happening in the office of Governor, there be no other person who can exercise said office within the provisions of the Constitution, the Secretary of State shall exercise the same until the next meeting of the General Assembly, who shall immediately proceed to elect by joint ballot of both Houses a person to exercise the office until a Governor elected by the people shall be duly qualified. If a vacancy occur in the office of Governor, or if the Governor elect die, or become disqualified before the commencement of his term, or refuse to take the office, an election for Governor shall be held at the next general election, unless the vacancy happen within six days next preceding the election, exclusive of the day of the happening of the vacancy and the day of the election: in that case, if an election for Governor would not have been held at said election, without the happening of such vacancy, no election for Governor shall be held at said election in consequence of such vacancy. If the trial of a contested election shall continue longer than until the third Tuesday of January next
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D ELAWARE ensuing the election of a Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may then be in the exercise of the Executive authority, shall continue therein until a determination of such contested election. The Governor shall not be removed from his office for inability, but with the concurrence of two-thirds of all the members of each branch of the General Assembly. SECT. 14. He shall appoint and commission a Secretary of State, during his own continuance in office, if so long he shall behave himself well, whose duty it shall, be to keep a fair register of all the official acts and proceedings of the Governor, and shall, when required by either branch of the General Assembly, lay the same and all papers, minutes and vouchers relative thereto, before them, and shall perform such other duties as shall be enjoined him10 by law. He shall have a compensation for his services to be fixed by law.
ARTICLE V S ECT. 1. All elections for Governor Senators, Representatives, Sheriffs, Coroners and all other State and County officers, who may be made elective by this Constitution shall he held on the Tuesday next after the first Monday in November, and the election of Inspectors, Assessors, and all other Hundred officers, who may be made elective by this Constitution or by the General Assembly, shall be held on such day as is now or may from time to time be designated by law, and all elections for Governor, Senators, Representatives, and all other State, County and Hundred officers shall he by ballot; and in such elections, every free, white, male citizen of the age of twenty-one years and upwards, having resided in the State one year next preceding the election and three
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calendar months in the county and thirty days in the Hundred where he may offer to vote, shall enjoy the right of an elector : Provided, That no person in the military, naval or marine service of the United States, shall be considered as acquiring a residence in this State by being stationed in any garrison, barrack or military or naval place or station within this State; and no idiot or insane person, pauper or person convicted of a crime, deemed by law felony, shall enjoy the right of an elector; and the General Assembly may impose the forfeiture of the right of suffrage as a punishment for crime. S ECT. 2. Electors shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections and in going to and returning therefrom. S ECT. 3. If 11 any person shall give or offer to give, directly or indirectly, any bribe, present or reward, or any promise or security for the payment or delivery of money or any other thing, to induce a voter to refrain from casting his vote, or to obtain or procure a vote for any candidate or person proposed or voted for as elector 12 for President and Vice President of the United States, or Representative to Congress, or for any office of profit or trust, created by the Constitution or laws of this State, or shall, forcibly, prevent any person, in any way from voting, every person so offending, and also every person receiving or offering to receive a bribe, or any person who gives or causes to be given an illegal vote, knowing it to be so, at any election to be hereafter held in this State, shall on conviction in a Court of law, in addition to the penalties now or hereafter imposed by law, be disqualified to hold any office of profit or trust, or to vote at any election thereafter. SECT. 4. Members of the General Assembly and all officers elected or appointed to
FAILED C ONSTITUTION OF D ELAWARE (1853) any office of profit or trust under this Constitution, or the laws made pursuant thereto, before they shall enter upon the duties of their several offices shall, in addition to such other oath as may he prescribed by law, take and subscribe the following oath or affirmation: “I ——– do swear (or affirm) that I will support the Constitution of the United States and of the State of Delaware; that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of ——– according to the Constitution and laws of this State, and that since the adoption of the present Constitution, I have not in any manner violated the provisions thereof, in relation to bribery of voters or preventing legal or procuring illegal votes to be given”: And if any person elected or appointed to office as aforesaid, shall refuse or neglect to take the said oath or affirmation, he shall be considered as having refused to accept 13 the said office, and a new election shall be held as in case of refusal or resignation; and any person swearing or affirming falsely in the premises, shall on conviction thereof, in a court of law, incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any election and also incapable of holding any office of profit or trust in this State. The General Assembly shall have power to restore to their forfeited rights any person convicted under the provisions contained in any of the sections of this Article. S ECT. 5. No property qualification shall be necessary to the holding of any office in this State.
be tried by the Senate: and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to the evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators. S ECT. 2. The Governor and all other civil officers under this State, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than to14 removal from office, and disqualification to hold any office of honor, trust or profit under this State, but the party convicted shall nevertheless be subject to indictment, trial, judgment and punishment according to law. S ECT. 3. Treason against this State shall consist only in levying war against it, or in adhering to the enemies of the Government, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open Court. S ECT. 4. If any officer, whose office is established by this Constitution or shall be established by law, shall become incapable of the proper discharge of the duties of his office, by reason of protracted physical disability or incompetency, or from other sufficient cause less than cause of impeachment, such officer may he removed by the Governor, application to that effect being made to him, by a concurrence of two-thirds of each branch of the General Assembly.
ARTICLE VII ARTICLE VI S ECT. 1. The House of Representatives shall have the sole power of impeaching: but two-thirds of all the members must concur in an impeachment. All impeachments shall
S ECT. 1. The15 judicial power of this State shall be vested in a Court of Errors and Appeals, a Superior Court, a Court of Chancery, an Orphan’s Court, a Court of Oyer and Terminer, a Court of General Sessions of the Peace and Gaol Delivery, a
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D ELAWARE Register’s Court, Justices of the Peace, and such other courts as the General Assembly, with the concurrence of two-thirds of all the members of both Houses, shall from time to time establish. S ECT. 2. To compose the said Courts there shall be five Judges in the State. One of them shall be Chancellor of the State; he shall also be President of the Orphans Court: he may be selected from any part of the State. The other four Judges shall compose the Superior Court, the Court of Oyer and Terminer and the Court of General Sessions of the Peace and Gaol Delivery, as herein after prescribed. One of them shall be Chief Justice of the State and may be selected from any part of it. The other three Judges may be taken from any part of the State; but each county shall elect its resident Judge and after his election he shall reside in the county for which he shall have been elected. Each of said Courts may make all rules necessary for the expediting of business. S ECT. 3. The16 Superior Court shall consist, in each county, of the Chief Justice and the resident Judge of the County, with power in either to hold the court alone, in cases where the other is unable to attend or is disqualified through interest. The Chief Justice when present shall preside; and when any question occurs upon which the opinions of the said Judges are opposed, the point upon which the disagreement happens shall he certified to the Court in banc, to be finally decided. The decision of the said Court in banc shall be remitted to the Superior Court and be there entered of record; and shall have effect according to the nature of such judgment and order. But the Superior Court may direct the cause to be proceeded in to verdict and judgment in that Court or to be otherwise proceeded in as shall be best for expediting justice. Questions of law reserved shall be heard by the Court in banc,
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and such questions shall be reserved in the Court below upon the application of either party, or when the Court trying the cause deems it necessary, without such application. The said Superior Court shall have jurisdiction of all causes of a civil nature, real, personal and mixed at common law, and all other the jurisdiction and powers vested by the laws of this State in the Superior Court. S ECT. 4. The Court of General Sessions of the Peace and Gaol Delivery shall be composed, in each County, of the same Judges and in the same manner as the Superior Court. But when any question arises upon which the opinion of the Judges are opposed, the point upon which the disagreement happens shall be decided in favor of the accused. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of General Sessions of the Peace and Gaol Delivery. S ECT. 5. The Chancellor shall hold the Court of Chancery. This Court shall have all the jurisdiction and powers vested by the laws of this State in the Court of Chancery. S ECT. 6. The Court of Oyer and Terminer shall consist of all the Judges except the Chancellor. Three of the said judges shall constitute a quorum. One may open and adjourn the Court. The Chief Justice when present shall preside; and when any question occurs upon which the Judges are equally divided in opinion, the point upon which the disagreement happens shall be decided in favor of the prisoner. This Court shall exercise the jurisdiction vested in the Court of Oyer and Terminer by the laws of this State. In the absence of the Chief Justice the Judge residing in the County where the trial is had shall preside. S ECT. 7. The Court of Errors and Appeals shall have jurisdiction to issue writs of Error to the Superior Court and to receive appeals from the Court of Chancery and the
FAILED C ONSTITUTION OF D ELAWARE (1853) Orphan’s Court, and to determine finally all matters in error in the judgments17 and proceedings of the18 said Superior Court; and all matters of appeal 19 in the interlocutory or final decrees and proceedings in Chancery. The Court of Errors and Appeals, upon a writ of error to the Superior Court shall consist of the Chancellor and all the Judges who did not sit in the cause below, any three of them bring a quorum. The Chancellor when sitting shall preside, and in his absence any of the other Judges. The Court in banc, for trying questions arising on points certified because of a disagreement in opinion between the Judges of the Superior Court, or questions of law reserved, shall consist of the Chancellor and the four Judges, any three of them being a quorum. The Chancellor or in his absence the Chief Justice shall preside. Upon appeals from the Court of Chancery, the Court of Errors and Appeals shall consist of the Chief Justice and the three other Judges: any three of them shall be a quorum. S ECT. 8. In matters of Chancery jurisdiction in which the Chancellor is interested, the Chief Justice shall have jurisdiction with an appeal to the Court of Errors and Appeals, which shall consist in this case of the three other Judges. S ECT. 9. The Governor shall have power to commission a Judge or Judges, ad litem, to decide any cause in which there is a legal exception to the Chancellor or any of the Judges, so that such appointment is necessary to constitute a quorum in either Court. The Commission in such case shall confine the office to the cause, and it shall expire on the determination of the cause. The Judge or Judges so appointed shall receive a reasonable compensation to be fixed by the General Assembly. A member of Congress or any person holding or exercising an office under the United States, shall not be
disqualified from being appointed a judge ad litem. S ECT. 10. The Orphan’s Court in each County shall be held by the Chancellor and the Judge residing in the county, the Chancellor being President. Either of them, in the absence of the other, may hold the Court. This court shall have all the jurisdiction and powers vested by the laws of this State in the Orphan’s Court: and when the opinions of the Judges composing it are opposed, or when a decision is made by one of them, and in all matters involving a right to real estate, or the appraised value or other value thereof, also in matters of personalty, where the amount adjudicated shall exceed the sum of two hundred dollars, there shall be an appeal to the Court of Errors and Appeals, to consist of the Chief Justice and the other Judges who did not sit in the cause below, any three of them being a quorum. S ECT. 11. The jurisdiction of each of the aforesaid Courts shall be co-extensive with the State. Process may be issued out of each Court, in either county, into every county. S ECT. 12. The General Assembly, notwithstanding any thing contained in this article, shall have power to repeal or alter any act of General Assembly giving jurisdiction to the Courts of Errors and Appeals, or to the Superior Court, or the Court of Chancery, or the Orphan’s Court or the Court of Oyer and Terminer, or the Court of General Sessions of the Peace and Gaol Delivery, in any matter, or giving any power to either of said Courts. Until the General Assembly otherwise direct, there shall be an appeal to the Court of Errors and Appeals in all cases in which there is an appeal, according to any act of the General Assembly to the Court of Errors and Appeals. S ECT. 13. Until the General Assembly shall otherwise provide, the Chancellor shall
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D ELAWARE exercise all the powers which any law of this State vests in the Chancellor, beside the general powers of the Court of Chancery; and the Chief Justice and Associate Judges shall each singly exercise all the powers which any law of this State vests in the judges singly of the Superior Court. S ECT. 14. The Chancellor and the other Judges shall be elected by the people and shall respectively hold their offices for the term of ten years, if so long they shall behave themselves well, and shall be eligible to re-election. The Chancellor and Chief Justice shall be respectively elected by the voters throughout the State. Each of the other Judges shall be elected by the voters of the County in which he is to reside. They shall be commissioned by the Governor, and the persons receiving the highest number of votes for these respective offices shall be commissioned. They shall receive for their services a compensation which shall be fixed by law and paid quarterly, and shall not be less than the following sums, that is to say: the annual salary of the Chief Justice shall not be less than the sum of one thousand five hundred dollars, and the annual salary of the Chancellor and the other Judges respectively shall not be less than the sum of twelve hundred dollars. They shall hold no other office of profit, or20 receive any fees or perquisites in addition to their salaries, for business done by them. No Judge or Chancellor shall be an officer of any corporation in this State. The Governor may for any reasonable cause in his discretion remove any of them on the address of two-thirds of all the members of each branch of the General Assembly. In all cases where the General Assembly shall so address the Governor, the cause of removal shall be entered on the Journals21 of each House. The Judge against whom the General Assembly may be about to proceed,
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shall receive notice thereof, accompanied with the cause alleged for his removal, at least five days before the day on which either House of the General Assembly shall act thereupon. S ECT. 15. The General Assembly may by law give to any inferior Courts by them to be established, or to one or more justices of the peace jurisdiction of the criminal matters following, that is to say: assaults and batteries, keeping without license a22 public house of entertainment, tavern, inn, ale-house, ordinary or victualling house, retailing or selling without license wine, rum, brandy, gin, whiskey, or spirituous or mixed liquors, contrary to law; disturbing camp meetings held for the purpose of religious worship, disturbing other meetings for the purpose of religious worship,23 nuisances, horse-racing, cock-fighting and shooting matches, larcenies committed by negroes or mulattoes and the offence of knowingly buying receiving or concealing by negroes or mulattoes of stolen goods and things the subject of larceny; and of any negro or mulatto being accessary to any larceny. The General Assembly may by law regulate this jurisdiction, and provide that the proceedings shall be with or without indictment by Grand Jury, or trial by Petit Jury, and may grant or deny the privilege of appeal to the Court of General Sessions of the Peace: the matters within this section shall be and the same hereby are excepted and excluded from the provision of the Constitution, that “No person shall for an indictable offence be proceeded against criminally by information” and also from the provisions of the Constitution concerning trial by jury. S ECT. 16. In civil causes when pending, the Superior Court shall have the power before judgment, of directing upon such terms as they shall deem reasonable, amendments, impleadings and legal proceedings,
FAILED C ONSTITUTION OF D ELAWARE (1853) so that by error in any of them, the determination of causes, according to their real merits, shall not be hindered; and also of directing the examination of witnesses that are aged, very infirm or going out of the State, upon interrogatories de bene esse, to be read in evidence, in case of the death or departure of the witnesses before the trial; or inability by reason of age, sickness, bodily infirmity, or imprisonment, then to attend; and also the power of obtaining evidence from places not within the State. S ECT. 17. At any time pending an action for debt or damages, the defendant may bring into Court a sum of money for discharging the same, and the costs then accrued, and the plaintiff not accepting thereof, it shall be delivered for his use to the Clerk or Prothonotary of the Court; and if, upon the final decision of the cause, the plaintiff shall not recover a greater sum than that so paid into Court for him, he shall not recover any costs accruing after such payment except where the plaintiff is an executor or administrator. S ECT. 18. By the death of any party, no suit in Chancery or at law, where the cause of action survives, shall abate, but until the General Assembly shall otherwise provide, suggestion of such death being entered of record, the executor or administrator of a deceased petitioner or plaintiff may prosecute the said suit; and if a respondent or defendant dies24 , the executor or administrator being duly served with a scire facias, thirty days before the return thereof, shall be considered as a party to the suit in the same manner as if he had voluntarily made himself a party; and in any of those cases, the court shall pass a decree, or render judgment for, or against executors or administrators, as to right appertains. But where an executor or administrator of a deceased respondent or defendent becomes a party, the court upon motion, shall grant such a
continuance of the cause as to the Judges shall appear proper. S ECT. 19. Whenever a person, not being an executor or administrator, appeals for a decree of the Chancellor, or applies for a writ of error, such appeal or writ shall be no stay of proceeding in the25 chancery or the court to which the writ issues, unless the appellant or plaintiff in error, shall give sufficient security, to be approved respectively26 by the Chancellor, or by a judge of the court from which the writ issues, that the appellant or plaintiff in error shall27 prosecute respectively28 his appeal or writ to effect, and pay the condemnation money and all costs, or otherwise abide the decree in appeal or the judgment in error if he fail to make his plea good. S ECT. 20. No writ of error shall be brought upon any judgment heretofore confessed, entered, or rendered, but within five years from this time; nor upon any29 judgment hereafter to be confessed, entered or rendered, but within five years after the confessing entering or rendering thereof; unless the person entitled to such writ be an infant, feme covert, non compos mentis or a prisoner, and then within five years exclusive of the time of such disability. S ECT. 21. An executor administrator or guardian shall file every account with the Register for the county, who shall as soon as conveniently may be, carefully examine the particulars with the proofs thereof, in the presence of such executor, administrator or guardian, and shall adjust and settle the same, according to the very right of the matter and law of the land: which account so settled, shall remain in his office for inspection; and the executor, administrator or guardian, shall within three months after such settlement, give notice in writing to all persons entitled to shares of the estate, or to their guardians respectively, if residing
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D ELAWARE within the State, that the account is lodged in the said office for inspection. Exceptions may be made by persons concerned to both sides of every such account, either denying the justice of the allowances made to the accountant, or alleging further charges against him; and the exceptions shall be heard in the Orphan’s Court for the county; and thereupon the account shall be adjusted and settled according to the right of the matter and law30 of the land. S ECT. 22. The Registers of the several counties shall respectively hold the Register’s Court in each county. Upon the litigation of a cause, the depositions of the witnesses examined, shall be taken at large in writing, and make part of the proceedings in the cause. This Court may issue process throughout the State, to compel the attendance of witnesses. Appeals may be made from a31 Registers Court to the Superior Court, whose decisions shall be final. In cases where a Register is interested in questions concerning the Probate of wills, the granting letters of administration, executors administrators, or guardians accounts, the cognizance thereof shall belong to the Orphan’s Court, with an appeal to the Court of Errors and Appeals, whose decision shall be final. S ECT. 23. The Prothonotary of the Superior Court may issue process, take recognizances of bail and enter judgments, according to law and the practice of the Court. No judgment in one county shall bind lands or tenements in another, until a Testatum Fieri Facias being issued, shall be entered of record in the office of the Prothonotary of the county wherein the lands or tenements are situated. S ECT. 24. The voters of each Hundred of the several Counties shall, from time to time, elect such number of Justices of the Peace in their respective Hundreds as the
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General Assembly shall provide by law, at least one in every Hundred. They shall continue in office four years, if so long they shall behave themselves well, but may be removed by the Governor within that time, on conviction of misbehaviour in office or on the address of both Houses of the General Assembly. S ECT. 25. The style in all process and public acts shall be THE STATE OF DELAWARE. Prosecutions shall be carried on in the name of the State.
ARTICLE VIII S ECT 1. The members of the Senate and House of Representatives, the Chancellor, the Judges and the Attorney General shall by virtue of their offices be conservators of the Peace throughout the State; and the Treasurer, Secretary, Prothonotaries, Registers, Recorders, Sheriffs and Coroners, shall by virtue of their offices be conservators thereof within the counties respectively in which they reside. S ECT. 2. The Representative, and when there shall no more than one the Representatives of the People of this State in Congress shall be voted for at the same places where Representatives in the General Assembly 32 are voted for, and in the same manner. S ECT. 3. The Sheriff and Coroner of each county shall be chosen by the citizens residing in such county. They shall hold their respective offices for two years if so long they behave themselves well, and until successors be duly qualified; but no person shall be twice chosen Sheriff upon election by the citizens in any term of four years. S ECT. 4. The Attorney General shall be elected by the voters throughout the State and shall hold his office for the term of four
FAILED C ONSTITUTION OF D ELAWARE (1853) years from the first Tuesday 33 of January next ensuing his election. The State Treasurer and Auditor of accounts shall also be elected by the voters throughout the State and shall hold their respective offices for the term of two years, from the first Tuesday 34 of January next ensuing their election. The Registers, Prothonotaries, Registers in Chancery, Clerks of the Orphans Court and of the Peace and Recorders35 shall respectively be elected by the voters of their several counties and shall hold their respective offices for the term of four years from the first Tuesday 36 of January, next ensuing their election. Prothonotaries, Registers in Chancery, Clerks of the Orphans’ Court, & of the Peace Registers, Recorders and Sheriffs, shall keep their offices in the town or place, in each county in which the Superior Court is usually held. S ECT. 5. Attorneys at law, Notaries Public, County treasurers, election officers, officers relating to taxes to the poor and to highways, constables and Hundred officers, not herein otherwise provided for, shall be appointed or elected in such manner and at such time as is or may be directed by law. S ECT. 6. The Attorney General State Treasurer, Auditor of Accounts, Sheriffs, Coroners, Prothonotaries, Registers, Registers in Chancery, Clerks of the Orphans’ Court and of the Peace and Recorders shall respectively be commissioned by the Governor and in every case the person receiving the highest number of votes shall be entitled to the commission. They may be removed by the Governor, on conviction in a Court of law of misbehavior in office. S ECT. 7. All salaries and fees annexed to offices shall be moderate; and no officer shall receive any fees whatever without giving to the person who pays a receipt for
them if required, therein specifying every particular and the charge for it. S ECT. 8. No costs shall be paid by a person accused on a bill being returned ignoramus, nor on acquittal by a jury. S ECT. 9. The rights, privileges immunities and estates of religious societies and corporate bodies shall remain as if the Constitution of this State had not been altered. No ordained clergyman or ordained preacher of the gospel of any denomination shall be capable of holding any civil office in this State, or of being a member of either branch of the General Assembly while he continues in the exercise of the pastoral charge. S ECT. 10. All the laws of this State existing at the time of making this Constitution and not inconsistent with it shall remain in force unless they shall be altered by future laws; and all actions and prosecutions now pending shall proceed as if this Constitution had not been made. S ECT. 11. This Constitution shall be prefixed to every edition of the laws made by direction of the General Assembly. S ECT. 12. The General Assembly shall as soon as conveniently may be, provide by law for ascertaining what statutes and parts of statutes shall continue to be in force within this State; for reducing them and all acts of the General Assembly into such order and publishing them in such a manner that thereby the knowledge of them may be generally diffused; for choosing Inspectors and Judges of election, and regulating the same in such manner as shall most effectually guard the rights of the citizens entitled to vote, for better securing personal liberty, and easily and speedily redressing all wrongful restraints thereof; for more certainly obtaining returns of impartial juries; for dividing lands and tenements in sales by
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D ELAWARE Sheriffs, where they will bear a division into as many parcels as may be without spoiling the whole, and for advertising and making the sales in such manner, and at such times and places, as may render them most beneficial to all persons concerned: and for establishing schools and promoting arts and sciences.
ARTICLE IX S ECT. 1. The General Assembly whenever two-thirds of each House shall concur therein, may propose any amendment or amendments to this Constitution. Such proposed amendment or amendments shall be entered on the journal of each House, with the yeas and nays taken thereon, and at least three and not more than six months before the next General election of Representatives the Secretary of State shall cause the same to be published in all the newspapers in the State and in pamphlet or handbill form for distribution; and such amendment or amendments shall be submitted to the people at the said next General election for their approval or rejection; and if a majority of the electors voting at such election shall adopt such amendment or amendments, the same shall thereupon be valid, to all intents and purposes, as part of this Constitution: Provided that the votes “For” and “Against”, such amendment or amendments shall be cast on a separate ticket from that on which candidates for office are voted for: And Provided also, That when more than one amendment shall be submitted at the same time, they shall be so submitted, as to enable the electors to vote on each separately. The General Assembly shall pass such laws as may be necessary to carry into effect amendments adopted as aforesaid. S ECT. 2. No Convention shall be called but by the authority of the people. It shall be
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the right of the people of this State at any general election, to vote “For” and “Against” a Convention: and the election officers shall tally and make return of all such votes, and whenever a majority of all the electors voting at such election shall vote in favor of a Convention, it shall be the duty of the General Assembly at the next session thereof to provide by law for taking another vote “For” and “Against” a Convention, at the General election then next succeeding; and if thereupon it shall appear that a majority of all the votes then cast shall be in favor of a Convention, the General Assembly shall accordingly, at their next session, call a Convention to consist of at least as many members as there are in both Houses of the General Assembly, to be elected by ballot at a General election, by the voters of the several counties, in the same manner, at the same places and at the same time that Representatives are, and to be apportioned among the counties according to the number of Representatives to which they shall respectively be entitled, on due notice given for one month, and to meet within three months after they shall have been elected.
SCHEDULE37 That no inconvenience may arise from the amendments of the Constitution of this State, and in order to carry the same into complete operation, it is hereby declared and ordained, as follows: S ECT. 1. It shall be the duty of the President of this Convention, immediately on its adjournment, to certify to the Governor a copy of the Bill of Rights and Constitution as amended, together with this schedule. S ECT. 2. Upon the receipt of such certified copy, the Governor shall forthwith announce the fact by proclamation, to be published in all the newspapers of this State for general information, and shall annex to
FAILED C ONSTITUTION OF D ELAWARE (1853) his proclamation a copy of the Bill of Rights and Constitution, together with this schedule, which proclamation, Bill of Rights, Constitution and schedule shall be published for the period of two months in all the newspapers in this State. S ECT. 3. The Bill of Rights and Constitution, as amended, shall be submitted to the electors of the State at an election to be held on the second Tuesday of October, A. D. 1853, at the several places at present fixed by law for holding the general elections therein. The ballots at said election shall be written or printed, or partly written and partly printed, as follows, to wit: – Those in favor of ratifying the Constitution as amended, “For Ratification;” those against ratifying the Constitution as amended, “Against Ratification.” The election shall be open38 between the hours of nine and ten o’clock, A. M., and kept open until six o’clock, P. M. The officers who conducted the last general election in this State, shall hold the election provided for in this schedule: and all the provisions of law at present in force in this State, in respect to the holding of39 general elections, and in respect to the duties of the officers of said general elections, so far as the same may be applicable to the election herein provided for, shall be and are hereby extended to the same. The said election shall be conducted, and the returns thereof made and certified, one copy to the Governor and one to the president of this Convention, in the same manner as is now provided by law in40 case of the election of Representatives41 in Congress, within twenty days after such election, and as soon as the said returns shall have been received, the Governor and President shall open the same, and the Governor, or in case of his death or omission to do so, the President shall cause publication of the number of votes for and against ratification to be made in all the newspapers of this State, for the space of
two weeks, and if it shall appear that a majority of all the votes cast at such election are in favor of ratification, the Governor, or in case of his death or omission, the President shall issue his proclamation stating that fact, and publish the same for the same period, and the said Constitution shall be the Constitution of the State of Delaware, but if the said majority of votes cast shall not be in favor of ratification, this amended Constitution shall be null and void. S ECT. 4. The offices of the present Senators and Representatives shall not be vacated by any amendment of the Constitution made in this Convention, or otherwise affected, except that the terms of the Representatives and the terms of the Senators which will expire on the second Tuesday of November, A. D., 1854, shall expire on the Tuesday next after the first Monday of November in that year; and the terms of the Senators, which will expire on the second Tuesday of November, A. D., 1856, shall expire on the Tuesday next after the first Monday of November in that year. S ECT. 5. At the first general election to be held on the said Tuesday next after the first Monday of November, A. D., 1854, there shall be three Senators elected for each of the counties of this State, by the citizens of said counties respectively, under the provisions of said amended Constitution, and at the first meeting of the General Assembly held after said election it shall be the duty of the Speaker of the Senate to write the name of each Senator42 so elected by their respective counties upon a strip of paper, and having first rolled and placed the same in a box, and having first shaken the box so as to intermix the ballots, the Clerk of the Senate shall, in open session, draw from said box the names of the members so elected as43 aforesaid: the Senator from each county whose name shall first be drawn by the Clerk as aforesaid from out
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D ELAWARE said box, shall serve as a Senator for two years from the day of his election, and no longer – the other Senators shall serve for and until the full term of four years from the day of their election and no longer; and two Senators shall be elected from each county biennially thereafter. S ECT. 6. The first election for Chief Justice, Chancellor, and the other Judges, the Attorney General, State Treasurer, Auditor of Accounts, Prothonotaries, Registers, Clerks of the Peace, Recorders, Clerks of the Orphans’ Court, and Registers in Chancery, shall be held on the Tuesday next after the first Monday in the month of November, A. D. 1854, and the term44 of the said several offices shall begin on the first Tuesday in the month of January, A. D., 1855. S ECT. 7. The term of office of the present Governor shall not be vacated, or in anywise affected by any amendment made to the Constitution in this Convention, but the said office shall continue during the original term thereof. S ECT. 8. This Constitution as amended, so far as shall concern the judicial department, shall commence and be in operation from and after the said first Tuesday in January, A. D., 1855. All the courts now existing shall continue with their present jurisdiction, and the Chancellor and Judges and the Clerks of the said Courts shall continue in office until the said first Tuesday in the month of January, A. D. 1855: and until successors shall be chosen and qualified and no longer. All suits, proceedings and matters which, on the said first Tuesday in the month of January, A. D. 1855, shall be depending in the Superior Court, the Court of Chancery or in the Orphans’ Court, and all records, books and papers of said courts, respectively, shall be transferred to the Superior Court, Court of Chancery or Orphans’ Court, respectively
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established by this amended Constitution, and the said suits, proceedings and matters shall be proceeded in to final judgment, decree, order, or other determination. All indictments, proceedings and matters which, on the said first Tuesday of January, A. D. 1855, shall be depending in the Court of General Sessions of the Peace and Jail Delivery, and all records, books and papers of said court, shall be transferred to the Court of General Sessions of the Peace and Jail Delivery, established by this amended Constitution; and the said indictments, proceedings and matters shall be proceeded in to final judgment and determination in the said Court of General Sessions of the Peace and Jail Delivery established by this amended Constitution. S ECT. 9. The Registers’ Courts and the jurisdiction of Justices of the Peace shall not be affected by any amendment of the Constitution made in this Convention. S ECT. 10. The General Assembly shall have power to make all laws necessary to carry into effect this amended Constitution. S ECT. 11. The provision in the twentieth section of the seventh article of this amended Constitution, (being the twentieth section of the sixth article of the Constitution made by the Convention of A. D. 1831, the same being the thirteenth section of the sixth article of the original Constitution,) of limitation of Writs of Error, shall have relation to and take date from, the twelfth day of June, A. D. 1792, the date of said original Constitution. S ECT. 12. The Governor shall have power to issue writs of election to supply vacancies in either House of the General Assembly that have happened or may happen. S ECT. 13. It is declared that nothing in this amended Constitution gives a Writ of
FAILED C ONSTITUTION OF D ELAWARE (1853) Error from the Court of Errors and Appeals to the Court of Oyer and Terminer, or Court of General Sessions of the Peace and Jail Delivery, nor an appeal from the Court of General Sessions of the Peace and Jail Delivery. S ECT. 14. No office shall be superseded or vacated by the adoption of this amended Constitution, but the laws of this State relative to the duties of the several offices, Legislative, Executive and Judicial, shall remain in full force, and the several duties shall be performed by the respective officers, according to the existing laws, until the organization of the government, as provided for un-
der this amended Constitution, and the entering into office of the officers to be elected or appointed under said government and no longer; and all persons in office at the adoption of this amended Constitution, shall continue to discharge the duties of their respective offices until their successors shall be chosen and qualified.45 Done in Convention, the 30th day of April, in the year of our Lord 1853, and of the Independence of the United States of America, the Seventy-seventh. In testimony whereof we have hereunto subscribed our names.
T. P. McColley, President. Martin W. Bates, John S. Bell, Benj. T. Biggs, Jno. H. Burton, of D., John W. Callaway, Wm. Collins, B. Gibbs, Wm. S. Hall, D. Hazzard, C. H. Heverin, Nath. W. Hickman,
Robert B. Houston, Thomas A. Jones, Jesse L. Long, Rich. H. Merriken, Tyras S. Phillips, James H. Smith, Caleb Smithers, James Springer, Henry Whitaker, Wm. Wilkenson.
Attest, Charles Marim, Secretary.
1
Verified by The Amended Constitution of the State of Delaware, Adopted in Convention, April 29, 1853, Dover, Delaware: S. Kimmey, Printer, 1853, 25 p., and checked against the version as published in Journal of the Convention of the People of the State of Delaware: Assembled at Dover by Their Delegates, 1852, and afterwards by Adjournment, from March 10th to April 30 th , 1853, inclusive, Wilmington, Del.: Printed by Hulley & Hyland, 1853, 174–198. Corrected according to the original manuscript preserved in the Delaware Public Archives, Dover, DE (RG 9270.1 General Reference # 48A, 1853 Constitution). Spelling, capitalization, and punctuation follow the original manuscript, with the Schedule and the signatures according to The Amended Constitution of the State of Delaware. Italics are used when text was underlined in the manuscript,
either to signify specific legal terms or to mark words, clauses or sections introduced by this amended Constitution in the text of 1831. The proposed Constitution was rejected by the people. 2 In The Amended Constitution of the State of Delaware, 5, and Journal of the Convention, 177, “redress”. 3 In The Amended Constitution of the State of Delaware, 5, word missing. 4 In Journal of the Convention, 181, word missing. 5 Ibid., “the offices”. 6 In The Amended Constitution of the State of Delaware, 10, “return”. 7 In Journal of the Convention, 182, word missing. 8 Ibid., “or”.
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In The Amended Constitution of the State of Delaware, 10, “case”. 10 In Journal of the Convention, 184, “upon him”. 11 Ibid., “That if”. 12 In The Amended Constitution of the State of Delaware, 12, “an elector”. 13 In Journal of the Convention, 185, “except”. 14 Ibid., word missing. 15 Ibid., 186, “That the”. 16 Ibid., “That the”. 17 Ibid., 187, “judgment”. 18 Ibid., word missing. 19 In The Amended Constitution of the State of Delaware, 15, “appeals”. 20 Ibid., 17, “nor”. 21 Ibid., “Journal”. 22 In Journal of the Convention, 189, word missing. 23 Ibid., “disturbing other meetings for the purpose of religious worship,” missing. 24 In The Amended Constitution of the State of Delaware, 18, “die”. 25 Ibid., word missing. 26 Ibid., word missing.
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27
Ibid., word missing. Ibid., word missing. 29 Ibid., “a”. 30 Ibid., 19, and Journal of the Convention, 191, “the law”. 31 In Journal of the Convention, 191, word missing. 32 In the manuscript, 72–73, and Journal of the Convention, 192, accordingly, the uncorrected form “State Legislature”. 33 In the manuscript, 73, “day”. 34 Ibid., 74, and Journal of the Convention, 192, “day”. 35 In Journal of the Convention, 193, “Recorder”. 36 In the manuscript, 74, and Journal of the Convention, 193, “day”. 37 In manuscript, Schedule and signatures missing. 38 In Journal of the Convention, 195, “opened”. 39 Ibid., “of the”. 40 Ibid., 196, “in the”. 41 Ibid., “Representative”. 42 Ibid., “of each of the Senators”. 43 Ibid., word missing. 44 Ibid., 197, “terms”. 45 Ibid., 198, rest missing. 28
Failed Constitution of Deseret (1849) Constitution of the State of Deseret1
PREAMBLE AND CONSTITUTION W HEREAS , A large number of citizens of the United States, before, and since the treaty of peace with the Republic of Mexico, emigrated to, and settled in that portion of the Territory of the United States, lying west of the Rocky Mountains, and in the Great Interior Basin of Upper California; And W HEREAS , By reason of said treaty, all civil organization, originating from the Republic of Mexico became abrogated; And W HEREAS , The Congress of the United States has failed to provide a form of civil government for the Territory so acquired, or any portion thereof; And W HEREAS , Civil Government and laws are necessary, for the security, peace and prosperity of society; And W HEREAS, It is a fundamental principle in all Republican Governments, that all political power is inherent in the people; and governments instituted for their protection, security and benefit, should emanate from the same. Therefore, your Committee beg leave to recommend the adoption of the following Constitution, until the Congress of the United States shall otherwise provide for the government of the Territory hereinafter named and described. W E , the People, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Deseret; including all the territory of the United States
within the following boundaries, to wit: commencing at the 33 degree of North Latitude where it crosses the 108 degree of Longitude, West of Greenwich; thence running South and West to the Northern boundary of Mexico, thence West to, and down the main channel of the Gila River, on the Northern line of Mexico, and on the Northern boundary of Lower California to the Pacific Ocean; thence along the coast North Westerly to 118 deg. 30 min. of West Longitude; thence North to where said line intersects the dividing ridge of the Sierra Nevada Mountains; thence North along the summit of the Sierra Nevada Mountains to the dividing range of mountains that separates the waters flowing into the Columbia river, from the waters running into the Great Basin; thence Easterly, along the dividing range of mountains that separates said waters flowing into the Columbia River on the north, from the waters flowing into the Great Basin on the south, to the summit of the Wind River chain of Mountains; thence South East and South, by the dividing range of mountains that separate the waters flowing into the Gulf of Mexico, from the waters flowing into the Gulf of California; to the place of beginning, as set forth in a map drawn by Charles Preuss, and published by order of the Senate of the United States, in 1848.2
ARTICLE I The powers of government of the State of Deseret shall be divided into three distinct departments; viz: Legislative, Executive and Judiciary.
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ARTICLE II Of the Legislative S ECT. 1. The Legislative authority of this State, shall be vested in a General Assembly, consisting of a Senate and House of Representatives; both to be elected by the people. S ECT. 2. The session of the General Assembly, shall be annual; and the first session be held on the first Monday of July next; and, thereafter, on the first Monday of December, unless the Governor of the State shall convene the Assembly, in the interim, by proclamation. S ECT. 3. The members of the House of Representatives, shall be chosen biennially, by the qualified electors of their respective Districts, on the first Monday in August; whose term of office shall continue two years from the day of the general election. S ECT. 4. No person shall be a member of the House of Representatives, who has not attained the age of twenty-five years; the same, to be a free, white, male citizen of the United States, and an inhabitant of this State, one year preceding the time of his election, and a resident of the District or County, thirty days next preceding his election; and have, at his election, an actual residence in the District he may be chosen to represent. S ECT. 5. Senators shall be chosen for the term of four years, at the same time and place of Representatives; they shall be thirty years of age, and possess the qualifications of Representatives, as to residence and citizenship. S ECT. 6. The number of Senators shall not be less than one-third, nor more than one-half of the Representatives; and at the
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first session of the General Assembly, after this Constitution takes effect, the Senate shall be divided by lot, as equal as may be, into two classes; the seats of the Senators of the first class, shall be vacated at the expiration of two years, so that one-half of the Senate shall be elected biennially. S ECT. 7. Each House shall choose its own officers; and judge of the qualification, election, and return of its own members, and contested elections shall be determined in such manner as shall hereafter be determined by law. S ECT. 8. A majority, in each House, shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalty, as each house may provide. S ECT. 9. Each House shall have all powers necessary for a branch of the General Assembly of a free and independent government. S ECT. 10. Each member of the Assembly shall be privileged from civil arrest, during any session, and in going to, and returning from the same. S ECT. 11. Neither house shall, without the consent of the other, adjourn for more than three days; nor to any other place, than that in which they may be sitting. S ECT. 12. The Assembly shall, at its first session, provide for an enumeration of the white inhabitants, and an apportionment for the Senators and Representatives. S ECT. 13. Each member of the Assembly shall take an oath or affirmation to support the Constitution of the United States, and of this State; and members shall, and are hereby empowered to administer said oath, or affirmation to each other.
FAILED C ONSTITUTION OF D ESERET (1849) S ECT. 14. The veto power of the Governor, shall be allowed by the Assembly, except on bills, which, when reconsidered, shall be again passed by a majority of twothirds of those present; and any bill vetoed by the Governor, shall be returned within ten days, (Sundays excepted,) with his objections; otherwise it shall become a law; unless the Assembly, by adjournment, prevent its return. S ECT. 15. Every law passed by the Assembly, shall take effect from and after due publication, by authority. S ECT. 16. The voters of this State, may elect, at the first election, not exceeding seventeen Senators, and thirty-five Representatives.
ARTICLE III Of the Executive S ECT. 1. The executive power shall be vested in a Governor, who shall hold his office for four years. A Lieutenant Governor shall be elected at the same time, and for the same term, who shall be the President of the Senate. S ECT. 2. No person shall be eligible to the office of Governor or Lieutenant Governor, who has not been a citizen of the United States, and a resident of this State, two years next preceding his election, and attained the age of thirty-five years at the time of his election. S ECT. 3. The Governor shall be commander-in-chief of the militia, navy, and all the armies of this State. S ECT. 4. He shall transact all executive business with the officers of government,
civil and military; and may require information in writing from the officers of the Executive Department, upon any subject relating to the duties of their respective offices. S ECT. 5. He shall see that the laws are faithfully executed. S ECT. 6. When any office shall, from any cause, become vacant, and no mode is prescribed by the constitution and laws for filling such vacancy, the Governor shall have power to fill such vacancy, by granting a commission, which shall expire when such vacancy shall be filled by due course of law. S ECT. 7. He shall also have power to convene the General Assembly by proclamation, when in his opinion, the interests of the State require it. S ECT. 8. He shall communicate by message to the General Assembly, at every session, the condition of the State; and recommend such matters as he shall deem expedient. S ECT. 9. In case of disagreement in the General Assembly, with regard to the time of adjournment, the governor shall have power, to dissolve the session by proclamation. S ECT. 10. No person shall, while holding any lucrative office under the United States, or this State, execute the office of Governor, except as shall be prescribed by law. S ECT. 11. The Governor shall have power to grant reprieves and pardons, and commute punishments after convictions, except in cases of impeachment. S ECT. 12. The Governor shall receive for his services, such compensation as shall hereafter be provided by law. S ECT. 13. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially; and shall
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D ESERET be called the Great Seal of the State of Deseret. S ECT. 14. All grants and commissions shall be in the name and by the authority of the people of the State of Deseret; sealed with the great seal of this State, signed by the Governor, and countersigned by the Secretary of State. S ECT. 15. A Secretary of State, Auditor of Public Accounts, and Treasurer, shall be elected by the qualified electors, who shall continue in office for the term of four years. The Secretary of State shall keep a fair register of all the official acts of the Governor, and shall, when required, lay the same, together with all papers, minutes and vouchers, relative thereto, before either branch of the General Assembly, and shall perform such other duties as shall be assigned him by law. S ECT. 16. In case of the impeachment of the Governor, his removal from office, death, resignation, or absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor, until such disability shall cease, or the vacancy be filled.
ARTICLE IV Of the Judiciary S ECT. 1. The Judicial power shall be vested in a Supreme Court, and such Inferior Courts, as the General Assembly, shall from time to time establish. S ECT. 2. The Supreme Court shall consist of a Chief Justice, and two associates, either two of whom shall be a quorum to hold Courts. S ECT. 3. The Judges of the Supreme Court shall be elected by joint vote of both
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Houses of the General Assembly, and shall hold their courts at such time and place as the General Assembly shall direct; and hold their office for the term of four years, and until their successors are elected and qualified. The judges of the Supreme Court shall be conservators of the peace throughout the State, and shall exercise such other jurisdictions and appellate powers, as shall be prescribed by law. S ECT. 4. The style of all process shall be the State of Deseret; and all prosecutions shall be in the name and by the authority of the State.
ARTICLE V Of Elections S ECT. 1. The Governor, Lieutenant Governor, Auditor of Accounts, Treasurer and Secretary of State, shall be elected by the qualified electors, as provided for members of the General Assembly, and at the time and place appointed for holding the same. S ECT. 2. The returns of every election for Governor, Lieutenant Governor, Auditor, Treasurer and Secretary of State, shall be sealed up, and transmitted forthwith to the seat of government, directed to the Speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in the presence of both Houses of the General Assembly; and the persons receiving a majority of all the legal votes cast for their respective offices, shall be declared duly elected. S ECT. 3. The Governor, Lieutenant Governor, Auditor, Treasurer, and Secretary of State, shall, before entering upon the duties of their respective offices, take an oath or affirmation, to support the Constitution of the United States, and of this State; which oath,
FAILED C ONSTITUTION OF D ESERET (1849) or affirmation, shall be administered by the Speaker of the House of Representatives. S ECT. 4. The first election for members of the General Assembly, and other officers under this Constitution, shall be held on the first Monday of May next, at the usual places of holding public meetings, in the different districts and settlements; at which time and place, the qualified voters shall vote for or against the adoption of this Constitution; and if a majority of all the legal votes, shall be in favor of its adoption, the same shall take effect from and after said election. S ECT. 5. At the time and place of holding the elections, the qualified electors shall organize the polls by appointing two judges, who shall be authorized to qualify each other, and appoint two suitable persons as clerks; and, said judges shall, at the close of said election, seal up the number of votes so cast, and forthwith transmit them to the President of this Convention. S ECT. 6. The returns of the first election herein provided for, shall be made to the Chairman of this Convention; who, together with the two Secretaries, shall proceed immediately to open said returns, and count the votes; upon ascertaining the persons receiving a majority of votes, they shall forthwith notify them of their election. S ECT. 7. The General Assembly shall, at its first session, provide by law, a general system of election for officers, under this Constitution; and such other officers as may be hereafter created by law. S ECT. 8. The manner of voting shall be by ballot. S ECT. 9. The General Assembly shall meet at Great Salt Lake City; which place shall be the seat of Government, until otherwise provided by law. S ECT. 10. All white male residents of this State, over the age of twenty-one years,
shall have the privilege of voting at the first election, and at the adoption of this Constitution; provided, that no person in the military, naval, or marine service of the United States, shall be considered a resident of this State, by being stationed in any garrison, barrack, military or naval place, or station within this State; unless otherwise provided for by law.
ARTICLE VI Of Militia S ECT. 1. The militia of this State shall be composed of all able bodied, white, male citizens, between the ages of eighteen and forty-five years, except such as are, or may hereafter be exempt, by the laws of the United States, or of this State, and shall be armed, equipped, and trained, as the General Assembly may provide by law. S ECT. 2. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty in their respective divisions; and all commissioned officers shall be commissioned by the Governor.
ARTICLE VII Amendments of the Constitution S ECT. 1. If at any time the General Assembly shall deem it necessary, and for the best interest of the State, that this Constitution should be revised, altered, or amended, the Assembly shall cause such revisions, alterations, or amendments, to be published in the same manner as shall be provided for the publication of the Statutes; and appoint a day, not less than thirty days thereafter, for the electors of the commonwealth to assemble in their several precincts, and
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D ESERET vote for, or against, said revisions, alterations, or amendments; and if a majority of said electors shall vote in favor of said revisions, alterations, or amendments, the same shall thereafter become parts and parcels of this Constitution; otherwise, this Constitution shall remain unaltered.
ARTICLE VIII Declaration of Rights S ECT. 1. In Republican Governments, all men should be born equally free and independent, and possess certain natural, essential, and inalienable rights, among which are those of enjoying and defending their life and liberty; acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. S ECT. 2. All political power is inherent in the people; and all free governments are founded in their authority, and instituted for their benefit; therefore, they have an inalienable and indefeazible right to institute government; and to alter, reform, and totally change the same, when their safety, happiness, and the public good shall require it. S ECT. 3. All men shall have a natural and inalienable right to worship God, according to the dictates of their own consciences; and the General Assembly shall make no law respecting an establishment of religion, or of prohibiting the free exercise thereof, or disturb any person in his religious worship or sentiments; Provided, he does not disturb the public peace, nor obstruct others in their religious worship; and all persons, demeaning themselves peaceably, as good members of the State, shall be equally under the protection of the laws; and no subordination or preference of any one sect or denomination to another, shall ever be established
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by law; nor shall any religious test be ever required for any office of trust under this State. S ECT. 4. Any citizen of this State, who may hereafter be engaged, either directly or indirectly, in a duel, either as principal, or accessory before the fact; shall be disqualified from holding any office under the Constitution and laws of this State. S ECT. 5. Every person may speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that right; and no law shall be passed to abridge the liberty of speech or of the press. S ECT. 6. The people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures. S ECT. 7. The right of trial by jury shall remain inviolate; and all criminals shall be heard by self, or council, at their own election. S ECT. 8. All penalties and punishments shall be in proportion to the offence; and all offences, before conviction, shall be bailable; except capital offences, where the proof is evident, or the presumption great. S ECT. 9. The writ of Habeas Corpus shall not be suspended, unless in case of rebellion, or invasion, or the public safety shall require it. S ECT. 10. Treason against this State, shall consist only in levying war against it, or adhering to its enemies, or giving them aid and comfort. S ECT. 11. The General Assembly shall pass no bill of attainder, or ex post facto laws, or law impairing the obligation of contracts to hinder the execution of justice. S ECT. 12. The laws shall not be suspended, but by the Legislative or Executive authority.
FAILED C ONSTITUTION OF D ESERET (1849) S ECT. 13. The right of petition, by the people, shall be preserved inviolate. S ECT. 14. The right of citizens to keep and bear arms for common defence, shall not be questioned. S ECT. 15. Private property shall not be taken for public use, without just compensation. S ECT. 16. No standing army shall be kept up, in time of peace, and the military, shall at all times, and in all places, be in strict subordination to the civil power. S ECT. 17. The enumeration of certain rights, shall not be construed to impair, nor deny others, retained by the people. After the reading of the report and Constitution, it was motioned, seconded and carried unanimously, that the report of the Committee be accepted,3 and they discharged from further duties. Convention adjourned until Friday the 9th, at 10 A. M. 1
Verified by Constitution of the State of Deseret, with the Journal of the Convention which formed it, Kanesville, IA: Published by Orson Hyde, 1849, 10 p.
The original manuscript seems not to have survived. Spelling, capitalization, and punctuation as in the Hyde print. On the bizarre origins of the Constitution and its relationship to the Iowa Constitution of 1846, cf. Peter Crawley, The Constitution of the State of Deseret (Friends of the Brigham Young University Library Newsletter, 19), Provo UT: The Friends of the Harold B. Lee Library, 1982. For details of the printing history, cf. Richard L. Saunders, Printing in Deseret. Mormons, Economy, Politics & Utah’s Incunabula, 1849–1851, Salt Lake City: University of Utah Press, 2000, 47–50, 61–62, 126–128. The constitution never went into effect, as in the course of the tense debates over the Compromise of 1850, masterminded by Henry Clay, Congress rejected statehood for Deseret, and President Millard Fillmore signed the Act to establish a Territorial Government for Utah into law on September 9, 1850, U.S. Statutes at Large, 31st Congress, Sess. I, ch. 51. Cf. Dale L. Morgan, The State of Deseret [1940], Logan UT: Utah State University Press, 1987, 67–89. The first constitution of the State of Utah was adopted in 1895. 2 The supposed State of Deseret pretended to include the territory between the Columbia River basin to the North, and the Mexican border as before the Gadsden purchase to the South, the Rocky Mountains to the East and the Sierra Nevada to the West, including an outlet to the Pacific with a strip comprising present-day Los Angeles and San Diego. The area thus extended to the present-day States of Utah and Nevada, as well as parts of Wyoming, Colorado, New Mexico, Arizona, and California, the boundaries of which having not yet been officially established. 3 In the Hyde print, wrongly, “excepted”.
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Failed Constitution of Florida (1812) Provisional Government assented to & passed the 17 July 1812 The Constitution of East Florida1
PREAMBLE The people of the province of East Florida have lived for years under a bondage almost unsupportable, and though many of them have felt, & all of them had witnessed the happiness which their neighbors, divided from them only by the river St. Marys experienced, they remained in this abject state, sensible of their situation until they discovered that new attempts were made to oppress & degrade them. It might have been expected that a people who neither idolized their priest nor could think it an honor to lick the dust from the feet of their oppressors, but who knew that man, in whatever garment he might be cloathed, to whatever power he might be elevated, was like themselves, liable to all the imperfections & weaknesses of our common nature, with probably a larger proportion of its vices, would have been the first in the Spanish Territory to have declared themselves free and independent. They saw however their Bretheren of the south seize this honor, and with the liveliest sympathy, wished them every success. Aware of the dangers ever attendant on revolutions, it was not until after mature deliberation that the people of East Florida took up arms against a Government whose Territories in both Hemispheres could no longer afford that protection, without which allegiance cannot be claimed without enumerating the many impolitic & oppressive Laws & Acts of the Spanish Government, which the unhappy man living under it, only
can be familiar with, and which our tyrants, the one in the character of Governor with brutal violence and the other in that of Judge with the most chocking corruption, latterly enforced upon us, we have discovered in order that our degradation might be complete, that we have been offered with our Country for sale, to both the Great Beligerents of Europe, patience and submission Yielded to the duties we owed ourselves and our posterity, we declared ourselves free and independent and we have driven our oppressors with their mercenaries within the walls of the Theatre of their vile Acts, and over the dungeons of their wretched victims. We acknowledge with grateful hearts the Goodness of the Great Legislator of the Universe, for the mercies already afforded us, and we hope through his providence shortly to become a Territory and a Component part of the Government of the United States, but until it can become our pride and boast to feel that we are Citizens of a Territory of the United States, and under rules & regulations of that Government, it becomes highly necessary that a Government should be established in this Province to prevent Anarchy & Confusion therefore we the delegates of the freemen of East Florida chosen and assembled for the Express purpose of framing a Constitution under the Authority of the people do declare that a Government for this Territory shall be established in manner & form following, to wit.
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ARTICLE I [S ECT. 1.] The Executive, Legislative & Judiciary Departments, shall be separate and distinct, so that neither exercise the powers of the other, nor shall any person exercise the powers of more than one of them at the same time except that the Judges of the Inferior Courts & Justices of the Districts shall be eligible to the Legislative Council. S ECT. 2. The Legislative Authority shall be composed of fifteen members & be called the Legislative Council of East Florida. S ECT. 3. The Members of the Legislative Council shall be elected by the inhabitants of this Territory as pointed out by this Constitution & shall exist until the Territory shall be received by the United States and become subject to the laws thereof and other officers in manner & form of other Territories of the United States. S ECT. 4. Every free white man of twenty one years of age and every soldier who has taken an active part in our Revolution, and shall have been a resident in the Territory one year previous to the first day of April last, and will swear or affirm that he considered East Florida his only and actual place of residence at the commencement of the Revolution shall be duly qualified to vote agreeable to this Constitution for the Legislative Council and Director. S ECT. 5. All Volunteers who may have been engaged in the Revolution with the people of East Florida, shall at the fall or surrender of St. Augustine be entitled to all the privileges of free Citizens of the Territory. S ECT. 6. The Territory of East Florida shall be divided into two Districts, to be known by the appellation of the North & South Districts, the Nausau River2 shall be the dividing line Commencing at the Mouth of said River and Continuing up its stream
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according to the ancient Boundary. The North District to send Eight Members and the South District to send seven Members. S ECT. 7. No person shall be eligible to a seat in Council unless he is a free white man of the age of twenty one years and has been a former subject of this Territory or has been an actual resident in the Country one year previous to the first of April last and considered himself an actual resident before the Revolution, nor unless he be legally seized and possessed in his own right of a free hold Estate or of personal property to the value of one thousand dollars. S ECT. 8. The Legislative Council shall be chosen at or near the five mile house on the twenty fifth of July and shall assemble on the twenty seventh at Mr. Zepheniah Kingleys3 plantation on the west side of St. Johns river and at such other times and places as they may think necessary and not less than 2 thirds of the Legislative Council shall constitute a quorum for doing business, but a less number may attend and adjourn from day to day & compell the attendance of absent members. S ECT. 9. No Bill or Resolve of the Council shall be a law and have force as such until it shall have been laid before the Director for his revisal, and if he upon such revision approve thereof, he shall signify his approbation by signing the same, but if he have any objections to the passing such bill or Resolve he shall return the same together with his objections thereto in writing to the Council who shall enter the objections made by the Director on the Records and proceed to reconsider the said Bill or Resolution, but after such reconsideration, two thirds of the Council present shall notwithstanding said objection agree to pass the same it shall have the force of law. S ECT. 10. The Council shall have full power & authority to erect an constitute Judi-
FAILED C ONSTITUTION OF F LORIDA (1812) catures and Courts of record or other Courts to be held in the name of the Territory for the hearing, trying and determining all manner of crimes, offences, pleas, processes, plaints, actions, matters & things whatever arising or happening within the Territory, or between or concerning persons inhabiting, residing, or brought within the same, whether the same, be criminal or civil, and whether the said pleas be real, personal or mixed and for the awarding and making out Executions thereupon to which Courts and Judicatures are hereby given and granted full power and Authority from time to time to administer oaths or affirmations for the better discovery of truth in any matter of controversy or depending before them. S ECT. 11. And further, full power and authority is hereby given and granted to the said Legislative Council from time to time to make ordain & establish all manner of wholesome & reasonable orders, Laws, Statutes, and Ordinances and instructions either with penalty or without, (so as the same be not repugnant to the Constitution) as they shall judge to be for the welfare and happiness of this Territory, and for the Government and ordering thereof; and of the subjects of the same – and for the necessary support and defence of the Government thereof, and to name and appoint as is hereafter provided for, All Civil & Military Officers of this Territory, and the forms of such oaths and affirmations as may respectively be administered unto them for the Execution of their several offices & places, so as the same be not repugnant to the Constitution of this Territory, and to impose & Levy proportional, and reasonable assessments rates and taxes upon all the inhabitants of, and persons resident within the said territory and also to impose & levy reasonable duties and Excises upon any produce, goods, Wares, Merchandize & Commodities whatsoever, brought into, produced, manufactured, or
being within the same, to be issued & disposed of by warrant under the hand of the Director of this Territory, with the advice and consent of the Legislative Council, for the Public Service, in the necessary defence & support of the said Territory & the protection & preservation of the Citizens thereof, according to such acts as are & shall be in force within the same.– S ECT. 12. The Legislative Council shall be a Court with fill authority to hear & determine all impeachments made by the petition of any fifty of the people of the Territory against any officer or officers of this Territory, for misconduct or maladministration in their office. But previous to every impeachment the members of the Council shall respectively swear truly and impartially to try and determine the charge in question, according to evidence. Their judgement however, which must consist of at least two thirds of the members present, shall not extend further than removal from office under this Territory, but the party so convicted shall be nevertheless liable to indictment, trial judgement, & punishment according to the laws of this Territory or those of the United States. S ECT. 13. The Legislative Council shall appoint a President from their own body, and shall judge of the Elections, returns and qualifications of its own members & may determine the rules of their own proceeding, punish their members for disorderly conduct, and with the consent of two thirds of the Members present expel a member. S ECT. 14. The members of the Legislative Council shall take the following oath, I do solemnly swear that I will give my vote on all questions that may come before me as a representative of the people, in such a manner as in my judgement may best promote the good of this Territory, & that I will bear true faith and allegiance to the same & to
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F LORIDA the utmost, of my power, observe, support, & defend the same. S ECT. 15. All Officers immediately attached to the Government of the Territory, as Secretary, Treasurer &c. and all officers attached to the Judiciary, as Judges of the Superior & Inferior Courts, Justices of the Peace, Attorney General, Sheriff & Coroner, & all Military Officers but Captains & Subalterns, shall be chosen by the Legislative Council with the consent of the Director,But should the Director dissent to any such appointment, it shall nevertheless be confirmed by the concurrence of two thirds of the Members present.
ARTICLE II S ECT. 1. The Executive of the Territory of East Florida shall be vested in a Director who shall hold his Office until this Country shall be received by the United States & become subject to her laws and regulations; he shall be elected by a majority of the voters present, and at the same time and in the same manner, as the Legislative Council; and should no person have a majority of the voters present, the Legislative Council shall have full power to elect him by ballot provided that he is not a member of their own body. S ECT. 2. No person shall be eligible to the Office of Director who shall not have borne an active part in the revolution of this Territory, & who hath not attained to the age of thirty years & who does at this time possess five hundred acres of Land in his own right within the Territory & other species of property to the amount of fifteen hundred Dollars. S ECT. 3. In case of death, resignation disability or necessary absence of the Director the President of the Legislative Council
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shall exercise the Executive powers of Government until such disability or necessary absence be removed. S ECT. 4. He shall be Commander in Chief in & over the Territory of East Florida, and of the Militia thereof. He shall have power to grant reprieves for offences against the Territory, Except in cases of impeachment, and to grant pardons in all cases after conviction except for Treason or murder, in which cases he may respite the execution, and make a report thereof to the Legislative Council, by whom a pardon may be granted. S ECT. 5. He shall issue writs of Election to fill all vacancies that may happen in the Legislative Council; & shall have power to convene the Legislative Council on extraordinary occasions and shall give them from time to time information of the state of the Territory, & recommend to their consideration such measures as he may deem necessary & expedient. S ECT. 6. He shall have the revision of all bills, resolves and appointments passd by the Legislative Council before the same be valid or become a law, but two thirds of the Legislative Council present may pass a law or make an appointment, notwithstanding his dissent, or should not inform the Legislative Council within three days after the same shall be presented to him the same shall be considered valid as if it had received his signature. S ECT. 7. The great seal of the Territory shall be deposited in the Office of Secretary & it shall not be affixed to any instrument of writing without it be by order of the Director & Legislative Council. S ECT. 8. All persons who shall be chosen or appointed to any office of trust before entering on the Execution thereof shall take the following oath or affirmation, “I do solemnly swear or affirm (as the case may
FAILED C ONSTITUTION OF F LORIDA (1812) be) that I will to the best of my abilities discharge the duties of the office to which I am appointed & preserve, protect & defend the Constitution of this Territory.[”] S ECT. 9. The trial by Judge & freedom of the press shall be held inviolate. S ECT. 10. All persons shall be entitled to the benefit of the writ of Habeas Corpus.
only until the United States shall acknowledge this Territory as a part of the United States And they have full confidence that the justice of the United States will direct them to ratify the Treaty of Session made between the Commissioners of this Territory and their Agent, and that they will also enable the people of this Territory to fulfil such contracts as their necessities and perilous situation have or may oblige them hereafter to make.
ARTICLE III J OHN H. M C I NTOSH President
S ECT. 1. The inhabitants of the Territory of East Florida being generally better acquainted with the laws of the State of Georgia than of other States, the laws of this said State and of the United States shall be considered as the Laws of this Territory as far as they agree with the Constitution of the same – And until altered by the Legislative Authority.
Lodk . Ashley T. Hollingsworth Nathl . Hall Z. Kingsley D. S. H. Miller John C. Houston
S ECT. 2. The Legislative Council shall have power to confirm all the resolutions and ordinances of the constituted authority which have or may be passed prior to the session of the Legislative Council.
B. Harris Nathaniel Mason William Braddock William G. Christopher
S ECT. 3. No person who has been convicted of felony before any Court of the United States, shall be eligible to any office or appointment of honor profit or trust within this territory. S ECT. 4. The Legislative Council with the advice & consent of the Director, shall have power in all cases to make reasonable compensation to all Public Officers in such manner as they may by law direct. This form of Government was assented to and passed this seventeenth of July one thousand eight hundred & twelve, in Convention of the Delegates of the freemen of East Florida. But it is expressly & unequivocally & unanimously declared by them, that it is intended to exist & be in operation
W. Craig John D. Braddock Hugh Slellings4 W. H AMILTON Secry. 1
Verified by the manuscript as preserved in the Florida Historical Society in Cocoa, FL. Spelling, capitalization, and punctuation as in the manuscript. On the historical background of the so-called Patriot Constitution of 1812, cf. James G. Cusick, The Other War of 1812. The Patriot War and the American Invasion of Spanish East Florida, Gainesville: University Press of Florida, 2003. The project came to nothing. 2 Presumably Nassau River. 3 Correctly Zephaniah Kingsley. 4 According to Cusick, The Other War of 1812, 107, “Stellings”.
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Failed Constitution of Florida (1817) Report of the Committee Appointed to frame the plan of provisional Government for the Republic of Floridas1
The Committee appointed by this honorable Assembly, for the purpose of presenting the project of a Provisional Government, beg leave to report: That on the seventh day of this month of December, one thousand eight hundred and seventeen, they met for the first time, according to the resolution of this Honorable Assembly, and after mature consideration agreed on the following points, as fundamentals for framing the aforesaid project: A RT. 1. That the Provisional Government of the Republic of Floridas, should be divided into three equally Independent Departments – viz:
Executive, Legislative, and Judicial A RT. 2. That the Provisional Government should be constituted in such a way as to make the military subordinate and obedient in all cases to the civil authority. A RT. 3. That the executive should be vested in a Chief Magistrate, rather than in an executive council of three or five individuals.I A RT. 4. That the vacancies of the Executive or Governor should be supplied by a Lieutenant Governor, whose duty shall be
to preside over the Legislative body, without right of voting except in cases of equal division. A RT. 5. That there should be two Secretaries of the government, the one for the departments of State and Treasury, the other for that of the Army and Navy of the Republic. A RT. 6. That the legislative power should be vested in a General Assembly, composed of seven members, and it was agreed in the mean time that every district of Floridas adhering to our cause, should be entitled to send two Representatives to the General Assembly, according to an act of the election, enacted by the same.II A RT. 7. That the Judiciary should be vested in a Supreme Court of Justice, in Inferior Courts, and Justices of the Peace. A RT. 8. That the Supreme Court should be composed of a Chief Justice, two assistant Judges and the Attorney General. The Committee therefore agreed, this day, on the following project or a Provisional Government for the Republic of the Floridas. The Representatives of the people wishing to discharge faithfully their duties, to promote to the best of their knowledge, the cause of Liberty and Independence of the Republic of Floridas, and to secure by the
I
Vide FEDERALIST N.70, where this matter has been fairly and masterly examined. It having been impossible, for the present, to ascertain exactly the population of Floridas, the committee, by adopting this course has been compelled to leave entirely the principal matter to the convention, in order that the representation of the people may there be settled on its true basis. II
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F LORIDA presents the personal rights of their constituents, under a good administration of Justice have determined as follows:
Government A RT. 1. The Provisional Government of the Republic of Floridas shall be D EMO CRATIC R EPUBLICAN , according to the following Fundamental Rules. A RT. 2. The executive power is vested in a Governor and a Council, in certain cases hereafter specified, the Legislative in a General Assembly composed of the representatives of the people lawfully convened, and the Judiciary in a Supreme court, in inferior courts, and Justices of the Peace. A RT. 3. There shall be a Lieutenant Governor to supply the vacancies of the place of Governor by death, resignation, or otherwise, until another be elected by the people according to law.
maintain and defend, so far as it is in my power, the Liberty and Independence of Floridas, from the king of Spain, his Heirs, and Successors, and to perform, truly, and faithfully, the duties of the office of ——–. So help me God.
Executive Power A RT. 1. The Governor of the Republic shall take care that the laws be faithfully executed and perform in the name of the Nation, all the acts of the government within his jurisdiction. A RT. 2. The Governor shall have power to appoint and commission, all the Officers, Military and Civil, with the advice and consent of the Council. A RT. 3. The Governor shall have power to grant pardons for offences against the State, with the advice and consent of the Council.
A RT. 4. It shall be the duty of the Lieutenant Governor to preside over the General Assembly, but, without the right of voting, except in cases of equal division.
A RT. 4. The Council of the state shall be composed of the Governor, Lieut. Governor, two Secretaries of the government, and the Attorney General.III
A RT. 5. The General Assembly shall be composed of seven members, and every district of the Floridas adhering to the cause of Liberty and Independence shall be entitled to send two Representatives to the general assembly, according to a law of election enacted by the same.
A RT. 5. There shall be two Secretaries of the government, the one for the Departments of State and Treasury, the other for that of the Army and Navy, both responsible for their conduct, and appointed by the Governor, with the advice and consent of the general assembly.
A RT. 6. The following Oath shall be administered to all the Public Functionaries of the Republic, on their entering into office: – I A——– B——– do solemnly swear to
A RT. 6. The Governor shall take the advice of the council, whenever he may think it necessary, for the best of service of the State.
III The Committee has endeavoured to establish the unity of the project in the council now proposed. Here all parts of the public administration concentrates. The council, therefore, is chiefly intended to maintain harmony and good understanding between the several branches of the government, and by collecting from time o time, in a single body, all kind of information from every one, it must infuse life and activity in the whole. The council is also calculated to supply the deficiency of a single House of Legislature, adopted on account of our peculiar situation. In regard to the executive the council is finally a council of appointment and advice.
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FAILED C ONSTITUTION OF F LORIDA (1817) Legislative Power A RT. 1. The General Assembly has the right of enacting all the acts which are intended to have force of law. A RT. 2. The acts enacted by the general assembly shall have force of law as soon as they are approved and published by the Governor, with the advice and consent of the council, or if devolved with remarks, within six days from the communication thereof the aforesaid act shall pass again by two thirds of the members present of the general assembly; it must be published by the Governor and have force of law. A RT. 3. The General Assembly with the concurrence of every one of its members to the charges proposed, has the right of impeachment, in the name of the Nation, before an Extraordinary Tribunal, composed of the Chief Justice, a member of the general assembly, a member of the council, and the attorney general of the state. A RT. 4. Judgments in cases of impeachment shall not extend farther than to removal from office, and disqualification to hold or enjoy any office of honor, trust, or profit; but the party convicted shall, nevertheless, be liable to indictment, trial, judgment, and punishment according to law. A RT. 5. The General Assembly may grant leave of absence, or permit the absence of such a member who solicits it, provided that two thirds of the members remain present.
profesed in the assembly, by any other authority except by that of the assembly itself. A RT. 8. In cases of vacancies of the office of Representatives the Governor of the Republic shall call by proclamation the inhabitants of this island, or any district of Flordias to whom it may concern, to elect on a fixed day another person or persons, for their Representative or Representatives, according to law.
Judicial Power A RT. 1. The Supreme Court of justice shall be composed of a Chief Justice, two Judges, and the Attorney General, appointed by the Governor and the General Assembly. A RT. 2. The functions of all the Courts of Justice, their administration, and jurisdiction shall be determined by law. A RT. 3. No person shall be deprived of his liberty and property, but by sentence of a tribunal acknowledged by law, and in cases and according to forms prescribed. A RT. 4. Crimes which deserve corporeal or ignominous punishments shall be tried by Judges and a Jury. A RT. 5. The foregoing articles shall be in force until a Constitution be adopted by a Convention, legally called and composed of Delegates of the majority of the Districts of Floridas, declared F REE and I NDEPENDENT from all allegiance to the K ING of S PAIN, his H EIRS and S UCCESSORS.
A RT. 6. The forms and procedures of enacting laws and determining other matters in the General Assembly which may not be fixed by these articles, shall be regulated by the assembly itself.
F IRST. The liberty of the Press is warranted by the present Act.
A RT. 7. No member of the General Assembly shall be called to account, or molested by opinions manifested, or doctrines
S ECOND. The Liberty of Conscience is acknowledged by the Republic, as one of the Natural Rights of the People of Floridas.”
Additional Articles
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F LORIDA The Committee, in consequence, have the honor of submiting the Project, to the consideration and wisdom of their fellow Representatives, in hopes, that they may do them the justice, at least, of believing that the Committee has been only governed in their proceedings by strict adherence to the principles of Free Governments, and a sincere wish for the welfare of their constituents. Fernandina, Amelia Island, December 9, 1817, and 1st of the Independence of the Floridas. P ETER G UAL, Chairman. V ICENTE PAZOS. M URDEN.
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1
Verified by Report of the Committee Appointed to frame the plan of provisional Government for the Republic of Floridas. P. Gual, Chairman. V. Pazos. M. Murden, Fernandina, December 9th of 1817, first of the Independence of Floridas, 7 p. Spelling, capitalization, and punctuation as in the printed document, with obvious typographical errors tacitly corrected. This most curious and somewhat naïve document represents the presumably second attempt after 1812 and before the Transcontinental Treaty with Spain in 1819, of a group of adventurers on Amelia Island, on what is today the north-easternmost tip of Florida, just across the Georgia line, to shake off Spanish domination and to achieve with a proper constitution admission to the United States. As before, neither Georgia nor the United States displayed any interest in making themselves part of an inevitable subsequent conflict with Indian tribes, Spain or both on behalf of a handful of settlers, cf. generally James G. Cusick, The Other War of 1812. The Patriot War and the American Invasion of Spanish East Florida, Gainesville: University Press of Florida, 2003. The project came to nothing.
Constitution of Florida (1839) Constitution, or Form of Government for the People of Florida1
W E, the People of the Territory of Florida, by our Delegates in Convention, assembled at the city of St Joseph, on Monday the third day of December, A. D. 1838, and of the Independence of the United States the sixty-third year, having and claiming the right of admission into the Union as one of the United States of America, consistent with the principles of the Federal Constitution and by virtue of the Treaty of Amity, Settlement, and Limits between the United States of America and the King of Spain, ceding the Provinces of East and West Florida to the United States;2 in order to secure to ourselves and our posterity, the enjoyment of all the rights of life, liberty and property, and the pursuit of happiness, do mutually agree, each with the other, to form ourselves into a free and independent State, by the name of the State of Florida.
ARTICLE I Declaration of Rights That the great and essential principles of liberty and free government may be recognized and established, we declare: S ECT. 1. That all freemen, when they form a social compact, are equal; and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation; and of pursuing their own happiness.
S ECT. 2. That all political power is inherent in the people, and all free governments are founded on their authority, and established for their benefit; and therefore, they have at all times, an inalienable and indefeasible right, to alter or abolish their form of government, in such manner as they may deem expedient. S ECT. 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own conscience; and that no preference shall ever be given by law to any religious establishment, or mode of worship in this State. S ECT. 4. That all elections shall be free and equal; and that no property qualification for eligibility to office, or for the right of suffrage, shall ever be required in this State. S ECT. 5. That every citizen may freely speak, write and publish his sentiments, on all subjects; being responsible for the abuse of that liberty; and no law shall ever be passed to curtail, abridge, or restrain, the liberty of speech or of the press. S ECT. 6. That the right of trial by jury, shall forever remain inviolate. S ECT. 7. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures and searches; and that no warrant to search any place, or to seize any person, or thing, shall issue without describing the place to be searched, and the person or thing to be seized, as nearly as may be, nor without
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F LORIDA probable cause, supported by oath, or affirmation. S ECT. 8. That no freeman shall be taken, imprisoned or disseized of his freehold, liberties, or outlawed, or exiled, or in any manner, destroyed, or deprived of his life, liberty, or property, but by the law of the land. S ECT. 9. That all courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy, by due course of law; and right, and justice, administered without sale, denial, or delay.
S ECT. 15. That in all prosecutions and indictments for libel, the truth may be given in evidence; and, it6 shall appear to the jury, that the libel is true, and published with good motives, and for justifiable ends, the truth shall be a justification; and the jury shall be judges7 of the law, and facts. S ECT. 16. That no person, shall be put to answer any criminal charge, but by presentment, indictment, or impeachment. S ECT. 17. That no conviction shall work corruption of blood, or forfeiture of estate. S ECT. 18. That retrospective laws, punishing acts committed before the existence of such laws, and by them only declared penal, or criminal, are oppressive, unjust, and incompatible with liberty; wherefore, no ex post facto law shall ever be made.
S ECT. 10. That in all criminal prosecutions the accused hath a right to be heard, by himself, or counsel3 , or both; to demand the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and in all prosecutions by indictment, or presentment, a speedy and public trial, by an impartial jury of the County, or District, where the offence was committed; and shall not be compelled to give evidence against himself.
S ECT. 19. That no law impairing the obligation of contracts shall ever be passed.
S ECT. 11. That all persons shall be bailable, by sufficient securities, unless in capital offences, where the proof is evident, or the presumption strong4 ; and the privilege of5 habeas corpus shall not be suspended, unless when in case of rebellion, or invasion, the public safety may require it.
S ECT. 21. That the8 free white men of this state, shall have a right to keep and to bear arms, for their common defence.
S ECT. 12. That excessive bail shall in no case be required; nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted.
S ECT. 20. That the people have a right, in a peaceable manner, to assemble together to consult for the common good; and to apply to those invested with the powers of government, for redress of grievances, or other proper purposes, by petition, address, or remonstrance.
S ECT. 22. That no soldier in time9 of peace, shall be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.
S ECT. 13. That no person shall for the same offence, be twice put in jeopardy of life, or limb.
S ECT. 23. That no standing army shall be kept up without the consent of the Legislature: and the military shall in all cases, and at all times, be in strict subordination to the civil power.
S ECT. 14. That private property shall not be taken, or applied to public; use; unless just compensation be made therefor.
S ECT. 24. That perpetuities and monopolies, are contrary to the genius of a free State, and ought not to be allowed.
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C ONSTITUTION OF F LORIDA (1839) S ECT. 25. That no hereditary emoluments, privileges, or honours, shall ever be granted, or conferred in this State. S ECT. 26. That frequent recurrence to fundamental principles, is absolutely necessary, to preserve the blessings of liberty. S ECT. 27. That to guard against transgressions upon the rights of the people: we declare, that every thing in this article, is excepted out of the general powers of government, and shall for ever remain inviolate; and that all laws contrary hereto10 , or to the following provisions, shall be void.
ARTICLE II Distribution of the powers of Government S ECT. 1. The powers of the Government of the State of Florida, shall be divided into three distinct departments, and each of them confided to a separate body of Magistracy, to wit: Those which are Legislative to one; those which Executive11 to another; and those which are Judicial to another. S ECT. 2. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances expressly provided in this Constitution.
ARTICLE III
S ECT. 2. The Governor shall be elected for four years, by the qualified electors, at the time and place where they shall vote for Representatives; and shall remain in office until a successor be chosen and qualified, and shall not be eligible to reelection until the expiration of four years thereafter. S ECT. 3. No person shall be eligible to the office of Governor, unless he shall have attained the age of thirty years, shall have been a citizen of the United States ten years, or an inhabitant of Florida at the time of the adoption of this Constitution (being a citizen of the United States;) and shall have been a resident of Florida, at least five years next preceding the day of election. S ECT. 4. The returns of every election for Governor, shall be sealed up and transmitted to the seat of government, directed to the Speaker of the House of Representatives; who shall, during the first week of the session, open and publish them in the presence of both Houses of the General Assembly; and the person having the highest number of votes, shall be Governor; but, if two or more shall be equal, and highest in votes, one of them shall be chosen Governor, by the joint vote of the two Houses; and contested elections for Governor, shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law. S ECT. 5. He shall at stated times, receive a compensation for his services, which shall not be increased, or diminished, during the term for which he shall have been elected.
Executive Department
S ECT. 6. He shall be Commander in Chief of the Army and Navy of this State, and of the Militia thereof.
S ECT. 1. The Supreme Executive Power, shall be vested in a Chief Magistrate, who shall be styled the Governor of the State of Florida.
S ECT. 7. He may require information in writing, from the officers of the Executive Department, on any subject relating to the duties of their respective offices.
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F LORIDA S ECT. 8. He may by Proclamation, on extraordinary occasions, convene the General Assembly at the seat of Government, or at a different place, if that shall have become dangerous from an enemy, or from disease; and in case of disagreement between the two Houses, with respect to the time of adjournment, he may adjourn them to such a12 time, as he shall think proper, not beyond the day of the next meeting, designated by this Constitution.
S ECT. 14. There shall be a Secretary of State appointed by joint vote of both Houses of the General Assembly, who shall continue in office during the term of four years; and he shall keep a fair register of the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes, and vouchers, relative thereto, before the General Assembly, and shall perform such other duties as may be required of him by law.
S ECT. 9. He shall from time to time, give to the General Assembly, information of the state of the Government, and recommend to their consideration, such measures as he may deem expedient.
S ECT. 15. Vacancies that happen in offices, the appointment to which, is vested in the General Assembly, or given to the Governor, with the advice and consent of the Senate, shall be filled by the Governor during the recess of the General Assembly, by granting commissions, which shall expire at the end of the next session.
S ECT. 10. He shall take care that the laws be faithfully executed. S ECT. 11. In all criminal and penal cases (except of treason and impeachment,) after conviction, he shall have power to grant reprieves and pardons, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law; and in cases of treason, he shall have the power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may in the recess of the Senate, respite the sentence until the end of the next session of the General Assembly. S ECT. 12. There shall be a seal of the State13 , which shall be kept by the Governor and used by him officially, with such device as the Governor first elected, may direct, and the present seal of the Territory, shall be the seal of the State, until otherwise directed by the General Assembly. S ECT. 13. All commissions shall be in the name, and by the authority, of the State of Florida, be sealed with the State seal, and signed by the Governor, and attested by the Secretary of State.
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S ECT. 16. Every bill, which shall have passed both Houses of the General Assembly, shall be presented to the Governor; if he approve, he shall sign it; but if not, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the journals, and proceed to reconsider it; and if, after such reconsideration, a majority of the whole number elected to that House, shall agree to pass the bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered; and if approved by a majority of the whole number elected to that House, it shall become a law; but in such cases, the votes of both Houses shall be by yeas arid nays, and the names of the members voting for, or against the bill, shall be entered on the journals of each House respectively; and if any bill shall not be returned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner, as if he had signed it: unless the General Assembly by their ad-
C ONSTITUTION OF F LORIDA (1839) journment, prevent its return, in which case, it shall not be a law. S ECT. 17. Every order, resolution, or vote, to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, be repassed by both Houses, according to the rules and limitations prescribed in case of a bill. S ECT. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, during the term for which the Governor was elected; unless the General Assembly shall provide by law for the election of a Governor to fill such vacancy; or until14 the Governor absent, or impeached, shall return, or be acquitted. S ECT. 19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives, shall in like manner, administer the Government. S ECT. 20. The President of the Senate, or Speaker of the House of Representatives, during the time he administers the Government, shall receive the same compensation, which the Governor would have received. S ECT. 21. The Governor shall always reside, during the sessions of the General Assembly, at the place where their sessions are held, and at all other times wherever, in their opinion, the public good may require. S ECT. 22. No person shall hold the office of Governor, and any other office or commission, civil or military, either in this
State, or under any State, or the United States, or any other power, at one and the same time, except the President of the Senate, or Speaker15 of the House of Representatives, when be shall hold the office as aforesaid. S ECT. 23. A State Treasurer, and Comptroller of public accounts, shall be elected by joint vote of both Houses of the General Assembly, at each regular session thereof.
ARTICLE IV Legislative Department S ECT. 1. The Legislative power of this State, shall be vested in two distinct branches, the one to be styled the Senate, the other the House of Representatives, and both together, “The General Assembly of the State of Florida,” and the style of the laws shall be “Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened.” S ECT. 2. The members of the House of Representatives shall be chosen by the qualified voters, and shall serve for the term of one year, from the day of commencement16 of the general election and no longer, and the sessions of the General Assembly, shall be annual, and commence on the fourth Monday in November in each year, or at such other time, as may be prescribed by law. S ECT. 3. The Representatives shall be chosen every year, on the first Monday in the month of October, until otherwise directed by law. S ECT. 4. No person shall be a Representative, unless he be a white man, a citizen of the United States, and shall have been an inhabitant of the State, two years next preceding his election, and the last year thereof a resident of the county, for which he shall
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F LORIDA be chosen, and shall have attained the age of twenty one years. S ECT. 5. The Senators shall be chosen by the qualified electors, for the term of two years, at the same time, in the same manner, and in the same places, where they vote for Members of the House of Representatives; and no man shall be a Senator, unless be be a white man, a citizen of the United States, and shall have been an inhabitant of this State, two years next preceding his election, and the last year thereof, a resident of the District or County, for which he shall be chosen, and shall have attained the age of twenty five years. S ECT. 6. The Senators after their first election, shall be divided by lot, into two classes and the seats of the Senators of the first class, shall be vacated at the expiration of the first year, and of the second class, at the expiration of the second year, so that one half thereof, as near as possible, may be chosen for ever thereafter, annually, for the term of two years. S ECT. 7. The House of Representatives, when assembled, shall choose a Speaker, and its other officers, and the Senate, a President, and its other officers, and each House shall be judge of the qualifications, elections, and returns of its members; but a contested election, shall be determined in such manner, as shall be directed by law.
S ECT. 10. Each House, during the session, may punish by imprisonment, any person not a member, for disrespectful or disorderly behaviour in its presence, or for obstructing any of its proceedings, provided such imprisonment shall not extend beyond the end of the session. S ECT. 11. Each House shall keep a journal of its proceedings, and cause the same to be published immediately after its adjournment, and the yeas and nays, of the members of each House, shall be taken and entered upon the journals, upon the final passage of every bill, and may, by any two members, be required upon any other question, and any member of either House, shall have liberty to dissent from, or protest against, any act or resolution, which he may think injurious to the public, or an individual, and have the reasons of his dissent, entered upon17 the journal. S ECT. 12. Senators and Representatives, shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest, during the session of the General Assembly, and in going to, or returning from the same, allowing one day for every twenty miles, such member may reside from the place, at which the General Assembly is convened; and for any speech or debate in either House, they shall not be questioned in any other place.
S ECT. 8. A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may prescribe.
S ECT. 13. The General Assembly shall make provision by law, for filling vacancies, that may occur, in either House, by the death, resignation, (or otherwise) of any of its members.
S ECT. 9. Each House may determine the rules of its own proceedings, punish its members for disorderly behavior, and with the consent of two thirds expel a member, but not a second time for the same cause.
S ECT. 14. The doors of each House shall be open, except on such occasions, as in the opinion of the House, the public safety may imperiously require secresy.
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C ONSTITUTION OF F LORIDA (1839) S ECT. 15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place, than that in which they may be sitting. S ECT. 16. Bills may originate in either House of the General Assembly, and all bills passed by one House, may be discussed, amended, or rejected, by the other; but no bill shall have the force of law, until on three several days, it be read in each House, and free discussion be allowed thereon, unless in cases of urgency, four fifths of the House, in which the same shall be depending, may deem it expedient to dispense with the rule; and every bill having passed both Houses, shall be signed by the Speaker, and President of their respective Houses. S ECT. 17. Each member of the General Assembly, shall receive from the public Treasury, such compensation for his services, as may be fixed by law, but no increase of compensation shall take effect, during the term, for which the Representatives were elected, when such law passed. S ECT. 18. The number of Members of the House of Representatives, shall never exceed sixty.
ARTICLE V Judicial Department S ECT. 1. The Judicial power of this State, both as to matters of Law and Equity, shall be vested in a Supreme Court, Courts of Chancery, Circuit Courts, and Justices of the Peace: provided the General Assembly, may also vest such criminal jurisdiction, as may be deemed necessary in Corporation Courts; but such jurisdiction shall not extend to capital offences.
S ECT. 2. The Supreme Court, except in cases otherwise directed in this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the State, under such restrictions and regulations, not repugnant to this Constitution, as may from time to time, be prescribed by law; provided that the said Court shall always have power, to issue writs of injunction, mandamus, quo warranto, habeas corpus, and such other remedeal and original writs, as may be necessary to give it a general superintendence and control of all other Courts. S ECT. 3. For the term of five years from the election of the Judges of the Circuit Courts, and thereafter, untill the General Assembly shall otherwise provide, the powers of the Supreme Court shall be vested in, and its duties performed by the Judges of the several Circuit Courts within this State, and they, or a majority of them, shall hold such sessions of the Supreme Court, and at such times, as may be directed by law. S ECT. 4. The Supreme Court when organized, shall be holden at such times and places, as may be provided by law. S ECT. 5. The State shall be divided into at least four convenient circuits, and until other circuits shall be provided for by the General Assembly, the arrangement of the circuits shall be the Western, Middle, Eastern and Southern circuits, and for each circuit there shall be appointed a judge, who shall after his appointment, reside in the circuit for which he has been appointed, and shall, at stated times, receive for his services, a salary of not less than two thousand dollars per annum, which shall not be diminished during the continuance of such judge in office; but the judges shall receive no fees, or perquisites of office, nor hold any other office of profit under the State, the United States, or any other power.
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F LORIDA S ECT. 6. The Circuit Courts shall have original jurisdiction, in all matters, civil and criminal, within this State, not otherwise excepted in this Constitution. S ECT. 7. A Circuit Court, shall be held in such counties, and at such times, and places therein, as may be prescribed by law, and the Judges of the several Circuit Courts, may hold courts for each other, and shall do so when directed by law. S ECT. 8. The General Assembly shall have power to establish and organize a separate court or courts of original equity jurisdiction; but until such court or courts shall be established and organized, the circuit courts shall exercise such jurisdiction. S ECT. 9. The General Assembly shall provide by law, for the appointment in each county, of an officer to take probate of wills, to grant letters testamentary, of administration, and guardianship; to attend to settlement18 of the estates of decedents, and of minors, and to discharge the duties, usually pertaining to courts of ordinary, subject to the direction, and supervision of the courts of chancery, as may be provided by law. S ECT. 10. A competent number of Justices of the Peace, shall be from time to time, appointed or elected, in and for each county, in such mode, and for such term of office as the General Assembly may direct, and19 shall possess such jurisdiction, as may be prescribed by law; and in cases tried before a Justice of the Peace, the right of appeal shall be secured, under such rules and regulations, as may be prescribed by law. S ECT. 11. Justices of the Supreme Court, Chancellors and Judges of the Circuit Courts shall be elected by the concurrent vote of a majority of both Houses of the General Assembly.
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S ECT. 12. The Judges of the Circuit Courts shall at the first session of the General Assembly to be holden under this Constitution, be elected for the term of five years, and shall hold their offices for that term, unless sooner removed under the provisions made in this Constitution, for removal of Judges, by address or impeachment; and at the expiration of five years, the Justices of the Supreme Court, and the Judges of the Circuit Courts, shall be elected for the term of and during their good behaviour; and for wilful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of two thirds of each House of the General Assembly; provided however, that20 the cause or causes shall be stated at length in such address, and entered on the journals of each House; and provided further, that the cause or causes, shall be notified to the Judge, so intended to be removed, and he shall be admitted to a hearing, in his own defence, before any vote for such address shall pass; and in such cases, the vote shall be taken, by yeas and nays, and entered on the Journals of each House respectively. S ECT. 13. The Clerk of the Supreme Court, and the Clerks of the Courts of Chancery, shall be elected by the General Assembly; and the Clerks of the Circuit Courts, shall be elected by the qualified electors in such mode as may be prescribed by law. S ECT. 14. The Justices of the Supreme Court, Chancellors, and Judges of the Circuit Courts, shall by virtue of their offices, be conservators of the peace, throughout the State; and Justices of the Peace, in their respective counties. S ECT. 15. The style of all process shall be, “the State of Florida,” and all criminal prosecutions shall be carried on, in the
C ONSTITUTION OF F LORIDA (1839) name of the State of Florida, and all indictments shall conclude, “against the peace and dignity of the same.” S ECT. 16. There shall be an Attorney General for the State, who shall reside at the seat of Government. It shall be his duty to attend all sessions of the General Assembly, and upon the passage of any act, to draft and submit, to the General Assembly, at the same session, all necessary forms of proceedings21 under such laws, which, when approved shall be published therewith, and, he shall perform such other duties, as may be prescribed by law. He shall be elected by joint vote of the two Houses of the General Assembly, and shall hold his office for four years; but may be removed by the Governor, on the address of two thirds of the two Houses of the General Assembly, and shall receive for his services a compensation to be fixed by law. S ECT. 17. There shall be one Solicitor for each circuit, who shall reside therein, to be elected by joint22 vote of the General Assembly, who shall hold his office for the term of four years; and shall receive for his services, a compensation to be fixed by law. S ECT. 18. No Justice of the Supreme Court, shall sit as judge or take part in the appellate court on the trial or hearing of any case which shall have been decided by him in the court below. S ECT. 19. The General Assembly shall have power to establish in each county, a board of Commissioners, for the regulation of the county business therein. S ECT. 20. No duty not Judicial, shall be imposed by law, upon the Justices of the Supreme Court, Chancellors, or the Judges of the Circuit Courts of this State.
ARTICLE VI The Right of Suffrage and Qualifications of Officers; Civil Offices; and Impeachments, and Removals from Office S ECT. 1. Every free white person23 of the age of twenty one years and upwards, and who shall be at the time of offering to vote, a citizen of the United States; and who shall have resided, and had his habitation, domicil home, and place of permanent abode in Florida, for two years next preceding the election at which he shall offer to vote; and who shall have at such time, and for six month immediately preceding said time, shall have had his habitation, domicil, home, and place of permanent abode in the county, in which he may offer to vote, and who shall be enrolled in the Militia thereof, (unless by law exempted from serving in the Militia) shall be deemed a qualified elector, at all elections under this Constitution, and none others; except in elections by general ticket in the State or District prescribed by law, in which cases the elector must have been a resident of the State two years next preceding the elections24 , and six months, within the election district in which he offers to vote: provided that no soldier, seaman, or marine in the regular Army or Navy of the United States, unless he be a qualified elector of the State, previous to his enlistment as such soldier, seaman or marine in the regular Army or Navy of the United States, or of the Revenue Service, shall be considered a resident of the State, in consequence of being stationed within the same. S ECT. 2. The General Assembly, shall at its first session, provide for the registraction [sic!] of all the qualified electors in each county; and thereafter from time to time, of all who may become such qualified electors.
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F LORIDA S ECT. 3. No President, Director, Cashier, or other officer, of any Banking Company in this State, shall be eligible to the office of Governor, Senator, or Representative to the General Assembly of this State, so long as he shall be such President, Director, Cashier, or other officer, nor until the lapse of twelve months, from the time, at which he shall have ceased to be such President, Director, Cashier or other officer. S ECT. 4. The General Assembly shall have power to exclude from every office of honour, trust or profit, within this25 State, and from the right of suffrage, all persons convicted of bribery, perjury, or other infamous crime. S ECT. 5. No person shall be capable of holding, or of being elected to any post of honor, profit, trust or emolument, civil or military, legislative, executive or judicial, under the Government of this State, who shall hereafter fight a duel, or send, or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger, or challenged, or who shall be a second to either party, or who shall in any manner aid, or assist in such duel, or shall be knowingly the hearer of such challenge, or acceptance, whether the same occur, or be committed in or out of the State. S ECT. 6. No person who may hereafter be a collector, or holder of public moneys, shall have a seat in either House of the General Assembly, or be eligible to any office of trust, or profit, under this State until he shall have accounted for and paid into the Treasury, all sums for which he may be accountable. S ECT. 7. No Governor, member of Congress or of the General Assembly of this State, shall receive a fee, be engaged as counsel26 , agent, or attorney, in any civil case, or claim against this State, or to which
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this State shall be a party, during the time he shall remain in office. S ECT. 8. No Governor, Justice of the Supreme Court, Chancellor, or Judge in27 this State, shall be eligible to election, or appointment, to any other and different station, or office, or post of honor, or emolument, under this State, or to the station of Senator, or Representative in Congress of the United States, from this State, until one year, after he shall have ceased to be such Governor, Justice, Chancellor, or Judge. S ECT. 9. No Senator or Representative, shall during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices, as may be filled by elections by the people. S ECT. 10. No Minister of the Gospel, shall be eligible to the office of Governor, Senator, or member of the House of Representatives of this State. S ECT. 11. Members of the General Assembly, and all officers Civil and Military, before they outer upon the execution of their respective offices, shall take the following oath or affirmation: “I do swear (or affirm,) that I am duly qualified according to the Constitution of this State, to exercise the office to which I have been elected (or appointed,) and will, to the best of my abilities, discharge the duties thereof, and preserve, protect, and defend the Constitution of this State, and of the United States.” S ECT. 12. Every person shall he disqualified from serving as Governor, Senator, Representative, or from holding any other office of honor, or profit, in this State, for the term for which he shall have been elected, who shall have been convicted of having given, or offered any bribe to procure his election.
C ONSTITUTION OF F LORIDA (1839) S ECT. 13. Laws shall be made by the General Assembly, to exclude from office, and from suffrage, those who shall have been or may thereafter be convicted of bribery, perjury, forgery, or other high crime, or misdemeanor; and the privilege of suffrage shall be supported by laws, regulating elections, and prohibiting under adequate penalties, all undue influence thereon, from power, bribery, tumult, or other improper practices. S ECT. 14. All civil officers of the State at large, shall reside within the State, and all District or County officers within their respective Districts, or Counties, and shall keep their respective offices at such places therein, as may be required by law. S ECT. 15. It shall be the duty of the General Assembly to regulate by law, in what cases, and what deduction from the salaries of public officers, shall be made, for neglect of duty in their official capacity. S ECT. 16. Returns of elections for members of Congress, and the General Assembly, shall be made to the Secretary of State in manner to be prescribed by law. S ECT. 17. In all elections by the General Assembly, the vote shall be viva voce, and in all elections by the people, the vote shall be by ballot. S ECT. 18. No member of Congress, or person holding, or exercising any office of profit under the United States, or under any foreign power, shall be eligible as a member of the General Assembly of this State, or hold, or exercise any office of profit, under the State; and no person in this State, shall ever hold two offices of profit,28 at the same time, except the office of Justice of the peace, notary public, constable, and militia offices.
S ECT. 19. The General Assembly, shall by law provide, for the appointment, or election; and the removal from office, of all officers Civil and Military, in this State, not provided for, in this Constitution. S ECT. 20. The power of Impeachment, shall be vested in the House of Representatives. S ECT. 21. All Impeachments shall be tried by the Senate; and when sitting for that purpose, the Senators shall be upon oath, or affirmation; and no person shall be convicted, without the concurrence of two thirds of the members present. S ECT. 22. The Governor and all civil officers, shall be liable to Impeachment for any misdemeanor in office; but judgment in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this State; but the parties shall nevertheless be liable to indictment, trial, and punishment according to law.
ARTICLE VII Militia S ECT. 1. All Militia Officers shall be elected by the persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades, and divisions, under such rules and regulations, as the General Assembly may, from time to time, direct and establish. S ECT. 2. The Governor shall appoint all the officers of the executive staff except the Adjutant General, and Paymaster General who shall be appointed by the Governor, by, and with the advice and consent of the Senate. The majors general and brigadiers general, and commanding officers of regiments, shall appoint such staff officers as
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F LORIDA may be prescribed by law; provided, no person shall be eligible to any staff appointment, unless he hold a commission in the line.
ARTICLE VIII Taxation and Revenue S ECT. 1. The General Assembly shall devise and adopt a system of Revenue, having regard to an equal and uniform mode of taxation to be general throughout the State.
inhabitants of the State and to the whole number of free white inhabitants, shall be added three fifths of the number of slaves, and they shall then proceed to apportion the representation, equally among the different counties, according to such enumeration, giving however one representative to every county, and increasing the number of representatives on a uniform ratio of population, according to the foregoing basis, and which ratio, shall not be changed until a new census shall have been taken.
S ECT. 3. No money shall be drawn from the Treasury, but in consequence of an appropriation by law; and a regular statement of the receipts and the expenditures of all public monies, shall be published and promulgated annually with the laws of the General Assembly.
S ECT. 2. The General Assembly shall also after every such enumeration, proceed to fix by law the number of Senators which shall constitute the Senate of the State of Florida, and which shall never be less than one fourth, nor more than one half of the whole number of the House of Representatives; and they shall lay off the State into the same number of Senatorial Districts, as nearly equal in the number of inhabitants as may be, according to the ratio of representation established in the preceding section, each of which Districts shall he entitled to one Senator.
S ECT. 4. The General Assembly shall have power, to authorize, the several Counties, and incorporated towns, in this State, to impose taxes for County and corporation purposes, respectively, and all property shall be taxed upon the principles established, in regard to State taxation.
S ECT. 3. When any Senatorial District shall be composed of two or more counties, the counties of which such District consists, shall not be entirely separated, by any county belonging to another District, and no county shall be divided in forming a District.
S ECT. 2. No other or greater amount of Tax, or Revenue, shall at any time be levied, than may be required for the necessary expenses of Government.
Census and Apportionment of Representation
S ECT. 4. No new county shall be entitled to separate representation, until its population equal the ratio of representation then existing; nor shall any county be reduced in population by division, below the existing ratio.
S ECT. 1. The General Assembly shall, in the year one thousand eight hundred and forty five, and every tenth year thereafter, cause an enumeration to be made of all the
S ECT. 5. Until the apportionment of representation by the General Assembly, as directed in the foregoing section, the several counties shall be entitled to the following Representatives, viz: – Escambia three;
ARTICLE IX
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C ONSTITUTION OF F LORIDA (1839) Walton one; Washington one; Jackson three; Franklin two; Calhoun two; Gadsden four; Leon six; Jefferson three; Madison one; Hamilton one; Columbia two; Alachua two; Duval two; Nassau one; St. Johns three; Mosquito one; Dade one; Monroe one; Hillsborough one; – And untill the apportionment of Senators under the census as aforesaid, there shall be sixteen Senatorial Districts in this State, which shall be as follows: The county of Escambia shall compose the First District. The counties of Walton and Washington, shall compose the Second District. The county of Jackson, shall compose the Third District. The county of Calhoun, shall compose the Fourth District. The county of Franklin shall compose the Fifth District. The county of Gadsden, shall compose the Sixth District. The county of Leon, shall compose the Seventh District. The county of Jefferson, shall compose the Eighth District.
The counties of St. Johns and Mosquito, shall compose the Fifteenth District. The counties of Dade, Monroe, and Hillsborough, shall compose the Sixteenth District. And each Senatorial District shall elect one Senator, and the Seventh District shall be entitled to two.
ARTICLE X Education S ECT. 1. The proceeds of all lands that have been or may hereafter be granted by the United States for the use of Schools, and a Seminary or Seminaries of learning, shall be and remain a perpetual fund, the interest of which together with all monies derived from any other source applicable to the same object, shall be inviolably, appropriated to the use of Schools and Seminaries of learning, respectively, and to no other purpose. S ECT. 2. The General Assembly shall take such measures as may be necessary to preserve from waste or damage, all land so granted and appropriated to the purposes of Education.
The county of Madison, shall compose the Ninth District. The county of Hamilton, shall compose the Tenth District. The county of Columbia, shall compose the Eleventh District. The county of Alachua, shall compose the Twelfth District. The county of Duval, shall compose the Thirteenth District. The county of Nassau, shall compose the Fourteenth District.
ARTICLE XI Public Domain, and Internal Improvements S ECT. 1. It shall be the duty of the General Assembly to provide for the prevention of waste and damage of the public lands now possessed, or that may hereafter be ceded to the Territory or State of Florida, and it may pass laws for the sale of any part or portion thereof; and, in such case,
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F LORIDA provide for the safety, security, and appropriation of the proceeds. S ECT. 2. A liberal system of Internal Improvements being essential to the developement of the resources of the country, shall be encouraged by the government of this State, and it shall be the duty of the General Assembly as soon as practicable to ascertain by law, proper objects of improvement in relation to roads, canals, and navigable streams, and to provide for a suitable application of such funds, as may be appropriated for such improvements.
ARTICLE XII Boundaries S ECT. 1. The jurisdiction of the State of Florida, shall extend over the Territories of East and West Florida, which by the Treaty of Amity, Settlement, and Limits, between the United States and his Catholic Majesty, on the 22 day of February, A.D. 1819, were ceded to the United States.29
ARTICLE XIII Banks and other Corporations S ECT. 1. The General Assembly shall pass a general law, for the incorporation of all such churches, and religious, or other societies, as may accept30 thereof; but no special act of incorporation thereof, shall be passed. S ECT. 2. The General Assembly shall pass no art of incorporation, or make any alteration therein, unless with the assent of at least two thirds of each House, and unless public notice in one or more newspapers in the State, shall have been given, for at least
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three months immediately proceeding the Session at which the same may be applied for. S ECT. 3. No Banking Corporation shall be created or continue, which is composed of a less number than twenty individuals, a majority of whom at least shall be residents of the State; and no other corporation shall be created or continue, composed of a less number than ten, of whom at least five shall be residents of this State. S ECT. 4. No Bank Charter, or any act of incorporation granting exclusive privileges, shall be granted for a longer period than twenty years; and no Bank Charter shall ever be extended or renewed. S ECT. 5. The Charters of Banks granted by the General Assembly, shall restrict such Banks to the business of exchange, discount and deposit; and they shall not speculate or deal in real estate, or the stock of other corporations or associations, or in merchandise or chattels, or be concerned in Insurance, Manufacturing, Exportation31 or Importation, except of Bullion or Specie; shall not act as Trustee in anywise, nor shall they own real estate or chattels, except such as shall be necessary for their actual use in the transaction of business, or which may be pledged as further security, or received towards, or in sattisfaction [sic!] of previously contracted debts, or purchased at legal sales, to sattisfy such debts; or32 which they shall be required to make sale within two years after the acquisition thereof. S ECT. 6. The capital stock of any Bank, shall not be less than one hundred thousand dollars, and shall be created only by the actual payment of specie, therein; and no Bank shall borrow money to create or add to its capital, or to conduct its business, and no loans shall be made on stock.
C ONSTITUTION OF F LORIDA (1839) S ECT. 7. All liabilities of such banks, shall be payable in specie, and the aggregate of the liabilities and issues of a bank, shall at no time exceed double the amount of its capital stock paid in. S ECT. 8. No Bank shall make a note or security of any kind, for a smaller sum than five dollars; and the General Assembly may increase such restriction to twenty dollars. S ECT. 9. No dividends of profits exceeding ten per centum per annum, on the capital stock paid in, shall be made, but all profits over ten per centum per annum, shall be set apart and retained as a safety fund. S ECT. 10. Stockholders in a bank, when an act or33 forfeiture of its Charter is committed, or when it is dissolved or expires, shall be individually, and severally liable for the payment of all its debts, in proportion to the stock owned by each. S ECT. 11. Banks shall be open to inspection, under such regulations, as may be prescribed by law; and it shall be the duty of the Governor to appoint a person or persons, not connected in any manner with any Bank in the State, to examine at least once a year into their state and condition; and the officers of every bank shall make quarterly returns to the Governor, of its state and condition, and the names of the stockholders and share34 held by each. S ECT. 12. Non user for the space of one year, or any act of a corporation, or those having the control and management thereof, or intrusted therewith, inconsistent with, or in violation of the provisions of this Constitution, or its35 charter shall cause its forfeiture; and the General Assembly shall by general law, provide a summary process for the sequestration of its effects and assets, the appointment of officers to settle its affairs and no forfeited charter shall be restored. The foregoing provisions shall
not be construed, to prevent the General Assembly from imposing other restrictions and provisions, in the creation of corporations. S ECT. 13. The General Assembly shall not pledge the faith and credit of the State, to raise funds in aid of any corporation whatsoever. S ECT. 14. The General Assembly shall at its first Session, have power to regulate, restrain and control; all associations claiming to exercise corporate privileges in this36 state, so as to guard, protect and secure the interests of the people of the State, not violating vested rights, or impairing the obligation of contracts.
ARTICLE XIV Amendments and Revision of the Constitution S ECT. 1. No Convention of the people shall be called, unless by the concurrence of two thirds of each House of the General Assembly. S ECT. 2. No part of this Constitution shall be altered, unless a bill to alter the same shall have been read three times in the House of Representatives, and three times in the Senate, and agreed to by two thirds of each House of the General Assembly; neither shall any alteration take place until the bill so agreed to, be published six months previous to a new election for members to the House of Representatives; and if the alteration proposed by the General Assembly shall be agreed to, at their first session by two thirds of each House of the General Assembly after the same shall have been read three times on three several days in each House, then and not otherwise, the same shall become a part of the Constitution.
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ARTICLE XV The Seat of Government S ECT. 1. The Seat of Government of the State of Florida, shall be and remain permanent at the city of Tallahassee, for the term and time of five years, from and after the end of the first session of the General Assembly, to be holden under this Constitution; and after the expiration of the said five years, the General Assembly shall have power to remove the Seat of Government, from Tallahassee, and fix the same at any other point; Provided, that the General Assembly shall immediately after the expiration of ten years, from the end of the said first session thereof, fix permanently the Seat of Government.
adhearing to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless in the testimony of two witnesses to the same overt act, or his confession in open court. S ECT. 5. Divorces from the bonds of matrimony, shall not be allowed, but by the judgment of a court, as shall be prescribed by law. S ECT. 6. The General Assembly, shall declare by law, what parts of the common law, and what parts of the civil law, and inconsistent with this Constitution shall be in force in this State. S ECT. 7. The oaths of officers directed to be taken under this Constitution, may be administered by any judge, or justice of the peace of the Territory, or State of Florida, until otherwise prescribed by law.
ARTICLE XVI
ARTICLE XVII
General Provisions
Schedule and Ordinance
S ECT. 1. The General Assembly shall have no power to pass laws for the emancipation of slaves.
In order that no inconvenience may arise from the organization and establishment of the State Government, it is declared:
S ECT. 2. They shall have no power to prevent emigrants to this37 State, from bringing with them, such persons as may be deemed slaves, by the laws of any one of the United States; Provided, they shall have power to enact laws to prevent the introduction of any slaves who may have committed crimes in other States.
S ECT. 1. That all laws and parts of laws, now in force, or which may be hereafter passed by the Governor and Legislative council, of the Territory of Florida, not repugnant to the provisions of this Constitution, shall continue in force, until by operation of their provisions or limitations the same shall cease to be in force, or, until the General Assembly of this State, shall after or repeal the same; and all writs, actions, prosecutions, judgments, and contracts, shall be, and continue unimpaired, and all process which has heretofore issued, or which may be issued, prior to the last day of the first session of the General Assembly of this State, shall be as valid as if issued in the name of the State; and nothing in this
S ECT. 3. The General Assembly shall have power to pass laws to prevent free negroes, mulattoes, and other persons of color, emigrating in this State, or from being discharged from on board any vessel, in any of the ports of Florida. S ECT. 4. Treason against the State, shall consist only in levying war against it or in
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C ONSTITUTION OF F LORIDA (1839) Constitution shall impair the obligation of contracts, or violate vested rights, either of individuals, or of associations, claiming to exercise corporate privileges in this State. S ECT. 2. All fines, penalties, forfeitures, obligations, and escheats, accruing to the Territory of Florida, shall accrue to the use of the State of Florida. S ECT. 3. All recognizances heretofore taken, or which may be taken before the organization of the Judicial Department under this Constitution, shall remain valid, and shall pass over to, and may be prosecuted in the name of the State; and all bonds, executed to the Governor of the Territory of Florida, or to any other officer in his official capacity, shall pass over to the Governor or other proper State authority, and to their successors in office, for the uses therein respectively expressed, and may be sued for, and recovered accordingly; and all criminal prosecutions and penal actions which have arisen, or which may arise before the organization of the Judicial Department under this Constitution, and which shall then be depending, may be prosecuted to judgement and execution in the name of the State. S ECT. 4. All officers, civil and military, now holding their offices and appointments in the Territory under the authority of the United States, or under the authority of the Territory, shall continue to hold and exercise their respective offices and appointments, until superseded under this Constitution; and all actions at law, or suits in chancery or any proceeding pending, or which may be pending in any Court of the Territory of Florida, may be commenced in, or transferred to such Court of the State, as may have jurisdiction of the subject matter thereof. S ECT. 5. This Constitution shall be submitted to the people for ratification at the
election for Delegates38 on the first Monday of May next. Each qualified voter, shall express his assent or dissent to the Constitution, by directing the managers of said election to write opposite to his name on the poll book, either the word, “Constitution,” or “No Constitution.” And in case the time of election for Delegate be changed to any other day than the first Monday of May next then the Judges or Clerks of the County Courts respectively, shall appoint managers to hold an election on the said first Monday of May, for ratification of the Constitution and said managers, shall conduct said election, in the manner provided by the laws of the Territory, respecting elections, and make return of the result of such vote forthwith, by depositing the original Poll Book, in the clerks office of their counties respectively, and by transmitting a certificate of the result to the President of the Convention; who shall forthwith make Proclamation of the same, and in case the Constitution be ratified by the people, and immediately after official information shall have been received that Congress have approved the Constitution and provided for the admission of Florida, the President of this Convention shall issue writs of election to the proper officers, in the different counties, enjoining them to cause an election to be held for Governor, Representative in Congress, and Members of the General Assembly, in each of their respective counties. The election shall be held on the first Monday after the lapse of sixty days, following the day of the date of the President’s proclamation, und shall take place on the same day throughout the State. The said election shall be conducted according to the then existing election laws of the Territory of Florida: Provided, however that in case of the absence, or disability of the President of the Convention, to cause the said election, to be carried into effect, the Secretary of this Convention, shall discharge the duties hereby
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F LORIDA imposed upon the President; and in case of the absence, or disability of the Secretary, a committee consisting of five to wit: Leigh Read, George T. Ward, James D. Westcott, Jr., Thomas Brown, and Leslie A Thompson, or a majority of them, shall discharge the duties herein imposed on the Secretary of the Convention, and the Members of the General Assembly, so elected shall assemble on the fourth Monday thereafter, at the Seat of Government. The Governor, Representative in Congress, and Members of the General Assembly, shall enter upon the duties of their respective offices immediately after their election, under the Provisions of this Constitution, and shall continue in office in the same manner; and during the same period, they would have done, had they been elected on the first Monday in October. S ECT. 6. The General Assembly shall have power by the votes of two thirds of both Houses to accede to such propositions as may be made by the Congress of the United States upon the admission of the State of Florida into the National Confederacy and Union, if they shall be deemed reasonable and just, and to make declaration of such assent by law; and such declaration when made shall be binding upon the People and the State of Florida as a compact; and the Governor of the State of Florida shall notify the President of the United States of the Acts of the General Assembly relating thereto; and in case of declining to accede to such propositions or any part thereof, the General Assembly shall instruct the Senators and Represen-
tative of the State of Florida in Congress, to procure such modification or alteration thereof as may be deemed reasonable and just, and assent thereto, subject to the ratification of the General Assembly by law as aforesaid. S ECT. 7. The Courts of this State, shall never entertain jurisdiction of any grants of land in the Floridas, made by the King of Spain or by his authority, subsequent to the twenty fourth day of January, eighteen hundred and eighteen, nor shall the said Courts, receive as evidence, in any case, certain grants, said to have been made by the said King of Spain, in favor of the Duke of Alagon, the Count Punon Rostro, and Don Pedro de Vargas, or any title derived from either of said Grants, unless with the express assent of the Congress of the United States. Done in Convention, held in pursuance of an act of the Governor and Legislative Council of the Territory of Florida, entitled “An Act, to call a Convention for the purpose of organizing a State Government,” passed, 30th day of January, 1838, and approved, 2nd February, eighteen hundred and thirty eight. In witness whereof the undersigned, the President of said Convention and Delegates, representing the People of Florida, do hereunto sign our names, this the eleventh day of January, Anno Domini, eighteen hundred and thirty nine, and of the Independence of the United States of America, the sixty third year; and the Secretary of said Convention, doth countersign the same.
ROBERT RAYMOND REID, President of the Convention.39 Walker Anderson,40 E. Carrington Cabell, John L. McKinnon, J. McCants, Daniel G McLean, 324
R. C. Allen, A. W. Crichton, Banks Meacham, Oliver Wood, John W. Malone,
C ONSTITUTION OF F LORIDA (1839) John C. McGehee, Stephen J. Roche, Joseph B. Watts, E. Robbins, William B. Hooker, Cosam Emir Bartlett, Wilson Brooks, Thomas Baltzell, George E. McClellan, Saml. C. Bellamy, John F. Webb, John M. G. Hunter, Alfred L. Woodward, I. Garrison, Richard H. Long, E. K. White,
Wm. Haddock George T. Ward, Jose Simeon Sanchez, W. Wyatt, Edwin T. Jenckes, James D. Westcott, Jr., D[avid] Levy, Leigh Read, W. H. Williams, A. Bellamy, Willam Marvin, John N. Partridge,41 J. B. Brown, William Bunce, Edmund Bird, L. A. Thompson,42
JOSHUA KNOWLES, Secretary
1
Verified by Journal of the Proceedings of a Convention of Delegates to Form a Constitution for the People of Florida, Held at St. Joseph, December, 1838, St. Joseph: Printed at the “Times” Office, 1839, 20 p. at the end, and corrected according to the copy made by the Convention secretary, located in the Florida State Archives, Tallahassee, FL, and published online in the Florida Memory Project at http://www.floridamemory.com/Collections/ Constitution/. The original official copy with the signatures seems not to have survived. Spelling, capitalization, and punctuation follow the secretary’s copy. Obvious typographical errors are tacitly corrected. Italics are used when emphasis is given in the manuscript or non-English legal terms are used. Parentheses are used as in the original manuscript. The constitution was adopted on January 11, 1839, and ratified by the people in May 1839 by a very small margin and went into effect with Florida achieving statehood on March 3, 1845 (cf. Stephanie D. Moussalli, “Florida’s Frontier Constitution: The Statehood, Banking & Slavery Controversies,” in: Florida Historical Quarterly, 74 [1995/96], 423–439). It was seven times amended up to February 1861 (q. v.), while two further amendments failed during this period (q. v.). It was replaced by a revised Constitution in April 1861. 2 Treaty of Amity, Settlement, and Limits, Between the United States of America and his Catholic Majesty, Feb. 22, 1819/Oct. 29, 1820, in: The Public Statutes at Large of the United States, ed. by Richard Peters, VIII, 2nd ed., Boston: Little, Brown and Company, 1867, 252-265.
3
In Journal of the Proceedings, 2, “council”. Ibid., “is strong”. 5 Ibid., “privilege of” missing. 6 Ibid., “if it”. 7 Ibid., “the judges”. 8 Ibid., 3, word missing. 9 Ibid., “the time”. 10 Ibid., “thereto”. 11 Ibid., “are Executive”. 12 Ibid., 4, word missing. 13 In the secretary’s copy “Senate”. 14 In Journal of the Proceedings, 5, “till”. 15 Ibid., 6, “the Speaker”. 16 Ibid., “the commencement”. 17 Ibid., 7, “on”. 18 Ibid., 8, “the settlement”. 19 In the secretary’s copy word missing. 20 In Journal of the Proceedings, 9, word missing. 21 Ibid., “proceeding”. 22 Ibid., “the joint”. 23 Ibid., 10, “male person”. 24 Ibid., “election”. 25 Ibid., “the”. 26 Ibid., 11, “council”. 27 Ibid., “of”. 28 In the online transcription from a published version, p. 10, “under the State; and no person in this State, shall ever hold two offices of profit,” missing. 29 On the cession and limits of Florida, Treaty of Amity, art. II, in: Public Statutes at Large, ed. by Peters, VIII, 254/255. 30 In the secretary’s copy “except”. 4
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F LORIDA 31 32 33 34 35 36
In Journal of the Proceedings, 15, “Exporting”. Ibid., “of”. Ibid., 16, “of”. Ibid., “shares”. Ibid., “of its”. Ibid., “the”.
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37 38 39 40 41 42
Ibid., 17, “the”. Ibid., 18, “Delegate”. Ibid., 20, “of the Convention” missing. Names as in the online transcription, p. 17–18. In Journal of the Proceedings, 20, name missing. Ibid., name missing.
First Amendment of 1847 An Act to amend the Constitution of this State so as to make the sessions of the General Assembly biennial instead of annual1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the second clause of the fourth article of the Constitution of this State be so amended as to read as follows, viz: 2d. The members of the House of Representatives shall be chosen by the qualified voters, and shall serve for the term of two years, from and after the day of the first election under the amended Constitution, and no longer; and the sessions of the General Assembly shall be biennial, and commence on the fourth Monday in November, in each and every second year, or at such other times as may be prescribed by law. S ECT. 2. Be it further enacted, That the third clause of the fourth article of the Constitution be amended so that the same shall read as follows: 3d. That the Representatives shall be chosen on the first Monday in the month of October, in each and every second year, from and after the first election under this amended Constitution, or on such other day as may be directed by law. S ECT. 3. Be it further enacted, That the fifth clause of the aforesaid article be so amended as to read as follows, viz: The Senators shall be chosen by the qualified electors, for the term of four years, at the same time in the same manner and in the same place where they vote for members of the House of Representatives; and no person shall be a Senator unless he be a white
man, a citizen of the United States, and shall have been an inhabitant of this State for two years next preceding his election, and the last year a resident of the district or county for which he shall be chosen, and shall have attained the age of twenty-five years. S ECT. 4. Be it further enacted, That the sixth clause of the aforesaid article be so amended as to read as follows, viz: The classification of Senators, as made at the first session of the General Assembly held in the year 1845, shall continue unchanged; one half of whom, as nearly as possible, shall be chosen forever hereafter biennially for the term of four years: Provided, however, and it is hereby declared, that the term of office of that class of Senators unexpired at the first election under the amended Constitution, shall extend to, and expire on, the first Monday in October, eighteen hundred and fifty. S ECT. 5. Be it further enacted, That the first election for Assemblymen, under this amended Constitution, shall take place on the first Monday in October, eighteen hundred and forty-eight; and the first session of the General Assembly, under this amended Constitution, shall commence on the fourth Monday in November, in the year eighteen hundred and forty-eight. 1 Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Third Session, Begun and Held in the City of Tallahassee, on Monday, November 22, 1847, and Ended January
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F LORIDA 8, 1848, Published by Authority of Law, Tallahassee: Printed by W. Bartlett, 1848, 1–2. Spelling, capitalization, and punctuation follow the session law volume. The amendment was first adopted in the Second General Assembly by the Senate on December 22, 1846, and by the House of Representatives on December 29,
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1846. It was ratified in the Third General Assembly by the Senate as constitutionally required on December 21, 1847, and by the House of Representatives on December 23, 1847. The amendment was partly abrogated and annulled by the second amendment of 1861 (q. v.).
Second Amendment of 1847 An Act to amend the Constitution of this State as to extend to all free white male inhabitants, being citizens of the United States, who shall have resided within this State one year, the elective franchise1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the first clause of the sixth article of the Constitution be so amended as follows, viz: Every free white male person of the age of twenty-one years and upwards, and who shall be, at the time of offering to vote, a citizen of the United States, and who shall have resided and had his habitation, domicil, home, and place of permanent abode in Florida for one year next preceding the election at which he shall offer to vote, and who shall, at such time, and for six months immediately preceding said time, have had his habitation, domicil, home and place of permanent abode, in the county in which he may offer to vote, shall be deemed a qualified voter at all elections under this Constitution, and none others; except in elections by general ticket in the State or District prescribed by law, in which cases, the elector must have been a resident of the State one year next preceding the election, and six
months within the election district in which he offers to vote: Provided, that no soldier, seaman or marine, in the Regular Army or Navy of the United States, unless he were a qualified elector of this State previous to his enlistment as such soldier, seaman, or marine in the Regular Army or Navy of the United States, or of the revenue service, shall be considered a resident of the State in consequence of being stationed within the same. 1
Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Third Session, Begun and Held in the City of Tallahassee, on Monday, November 22, 1847, and Ended January 8, 1848, Published by Authority of Law, Tallahassee: Printed by W. Bartlett, 1848, 2. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Second General Assembly by the Senate on December 1, 1846, and by the House of Representatives on December 16, 1846. It was ratified in the Third General Assembly by the Senate as constitutionally required on December 21, 1847, and by the House of Representatives on December 23, 1847.
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Amendment of 1848 An Act to amend the Twelfth Clause of the Fifth Article of the Constitution of this State, so that the Judges of the Circuit Courts shall hold their offices for a term of eight years, instead of during good behaviour1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida, in General Assembly convened, That the twelfth clause of the fifth article of the Constitution of this State be so amended as to read as follows, viz: That, at the expiration of the present term of office of the Judges of the Circuit Courts, with the exceptions hereinafter mentioned, the Justices of the Supreme Court2 and the Judges of the Circuit Courts shall be elected for a term of eight years, and shall hold their offices for that term, unless sooner removed under the provisions made in this Constitution for the removal of judges, by address or impeachment; and for willful neglect of duty, or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them, on the address of two-thirds of the General Assembly: Provided, however, That the cause or causes shall be stated at length in such address, and entered on the journals of each house; and provided, further, That the cause or causes shall be notified to the judge so intended to be removed, and he shall be admitted to a hearing in his own defence, before any vote for such removal shall pass;
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and in such cases, the vote shall be taken by yeas and nays, and entered on the journals of each house respectively. S ECT. 2. Be it further enacted, That the judges first appointed under this amended Constitution shall be divided by lot into four classes – the first class shall hold his or their office or offices for the term of two years, the second for the term of four years, the third for the term of six years, the fourth for the term of eight years.3 1 Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Fourth Session, Begun and Held at the Capitol in the City of Tallahassee, on Monday, November 27th, 1848, and Ended January 13th, 1849, Published by Authority of Law, Tallahassee: Printed by Joseph Clisby, 1849, 128. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Third General Assembly by the Senate on December 22, 1847, and by the House of Representatives on January 6, 1848. It was ratified in the Fourth General Assembly by the House of Representatives as constitutionally required on December 8, 1848, and by the Senate on December 12, 1848. 2 In The Acts and Resolutions of the General Assembly of the State of Florida, 128, “Courts”. There was only one Supreme Court, cf. Constitution of Florida of 1839, art. V, sect. 1. 3 Sect. 2 was abolished by the first amendment of 1853 (q. v.).
First Amendment of 1853 An Act to amend the Eleventh Clause of the fifth Article of the Constitution of this State; and also, to amend An Act amendatory of the Twelfth Clause of the fifth Article of the Constitution of this State, and adopted by the Third and fourth General Assemblies, so as to give the election of the Judges to the people1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened. That the Eleventh Clause of the Fifth Article of the Constitution of this State, and also an Act entitled, “An Act to amend the Twelfth Clause of the Fifth Article of the Constitution of this State, so that the Judges of the Circuit Courts shall hold their offices for the term of eight years instead of during good behavior,”2 be and the same are hereby, so amended as to read as follows, viz: That on the first Monday in October, in the year one thousand eight hundred and fifty three, and on the first Monday in October, every six years thereafter, there shall be elected by the qualified electors of each of the respective Judicial Circuits of this State, one Judge of the Circuit Court, who shall reside in the Circuit for which he may be elected, and continue in office for the term of six years from and after the first day of January next succeeding his election, unless sooner removed under the provisions made in this Constitution for the removal of Judges by address or impeachment; And for willful neglect of duty or other reasonable cause, which shall not be sufficient ground for impeachment, the Governor shall remove any of them on the address of two thirds of the General Assembly. Provided however, That
the cause, or causes, shall be stated at length in such address, and entered on the Journals of each House; And provided further, That the cause, or causes, shall be notified to the Judge so intended to be removed; and he shall be admitted to a hearing in his own defence, before any vote for such removal shall pass; and in such cases, the vote shall be taken by yeas and nays and entered on the Journals of each House, respectively. S ECT. 2. Be it further enacted. That said election shall be conducted, and the returns thereof made, in the manner now prescribed, or which may here after be prescribed, by law, for the election of member to Congress; and it shall be the duty of the Governor to issue a Commission, under the seal of the State to the person receiving the highest number of votes in the Judicial District in which the election is had. S ECT. 3. Be it further enacted, That whenever the General Assembly shall create a seperate Supreme Court, or Chancery Court, under the provisions of this Constitution, the Judges thereof shall be elected in the manner provided in the first section of this Act, and shall hold their offices for the same term, and be subject to all the provisions of said first section. Provided, however, That the Judges of the Supreme Court3 shall be elected by General Ticket;
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F LORIDA and the Judges of the Chancery Court shall be elected by General Ticket, or by Districts as the Legislature may direct. S ECT. 4. Be it further enacted. That should a vacancy occur in either the Supreme, Chancery or Circuit Court, by death, resignation, removal, or otherwise, it shall be the duty of the Governor to issue a Writ of Election to fill such vacancy; and he shall give at least sixty days notice thereof, by proclamation, and the Judge so elected to fill such vacancy shall continue in office from the time he qualifies under his commission, which shall be issued immediately, after the final canvass of the votes by which his election is determined. Provided, however, That should it become necessary to fill any such vacancy before an election can be held under the provisions of this Constitution, the Governor shall have the power to fill such vacancy by appointment, and the person so appointed shall hold his office from the date of his commission until the successor shall be duly elected and qualified. S ECT. 5. Be it further enacted. That the second section of said Act to amend the Twelfth Clause of the Constitution of this
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State and adopted by the Third and Fourth General Assemblies as aforesaid be, and the same is hereby abolished; but it is hereby provided, that the General Assembly shall, by the concurrent vote of the two Houses thereof, at its next regular session, elect some person to fill the vacancy which will occur by expiration of the term of office of that Judge who may draw the two year term under the provisions of said second Section, which is hereinabove declared to be abolished.4 1
Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Sixth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 22, 1852, and Ended January 14, 1853, Published by Authority of Law, Tallahassee: Printed by Charles E. Dyke, 1853, 189–191, and checked against the original manuscript as preserved in the Florida State Archives in Tallahassee, FL. Spelling, capitalization, and punctuation follow the original manuscript. The amendment was adopted in the Fifth General Assembly by the Senate on December 13, 1850, and by the House of Representatives on December 23, 1850. It was ratified in the Sixth General Assembly by the Senate as constitutionally required on December 20, 1852, and by the House of Representatives on January 1, 1853. 2 Refers to amendment of 1848 (q. v.). 3 In The Acts and Resolutions of the General Assembly of the State of Florida, 190, word missing. 4 Followed by signatures in manuscript, here omitted.
Second Amendment of 1853 An Act to amend the Seventeenth Clause of the Fifth Article of the Constitution of this State1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the seventeenth Clause of the fifth Article of the Constitution of this State be and the same is hereby so amended as to read as follows, to-wit: There shall be one Solicitor for each Circuit, who shall reside therein, and shall be elected by the qualified voters of such Circuit, on the first Monday in October in the year one thousand eight hundred and fifty-three, and every four years thereafter, or at such times as the General Assembly may by law prescribe, and shall receive for his services a compensation to be fixed by law. S ECT. 2. Be it further enacted, That
such elections shall be held and conducted, and the returns thereof made, in the same manner as is now prescribed by law, or may hereafter be prescribed by law, for the election of member to Congress from this State. 1
Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Sixth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 22, 1852, and Ended January 14, 1853, Published by Authority of Law, Tallahassee: Printed by Charles E. Dyke, 1853, 191. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Fifth General Assembly by the Senate on December 31, 1850, and by the House of Representatives on January 8, 1851. It was ratified in the Sixth General Assembly by the Senate as constitutionally required on December 20, 1852, and by the House of Representatives on January 1, 1853.
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Failed Amendment of 1853 An Act to alter and amend the Fourteenth and Twenty-Third Clauses of the Third Article, and the Thirteenth and Sixteenth Clauses of the Fifth Article of the Constitution of this State1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the fourteenth Clause of the third Article of the Constitution of this State be so altered and amended as to read as follows, viz: There shall be a Secretary of State elected by the qualified voters of this State on the first Monday in October, in the year 1856, who shall continue in office during the term of four years; and he shall keep a fair register of the official acts and proceedings of the Governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the General Assembly, and shall perform such other duties as may be required of him by law: Provided, That the term of office of the Secretary of State to be elected under this amended Constitution, shall not commence until the term of office of the officer now elected shall expire. S ECT. 2. Be it further enacted, That the twenty-third Clause of the third Article of the Constitution of this State be so altered and amended as to read as follows, viz: A State Treasurer and Comptroller of Public Accounts shall be elected by the qualified electors of this State on the first Monday in October in the year 1856, and every two years thereafter. S ECT. 3. Be it further enacted, That the thirteenth Clause of the fifth Article of the
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Constitution of this State be so altered and amended as to read as follows, viz: The Clerk of the Supreme Court and the Clerks of the Courts of Chancery, shall be elected by the qualified electors of this State, on the first Monday in October in the year 1856, and every four years thereafter; and the Clerks of the Circuit Courts shall be elected by the qualified electors, in such manner as is now or may hereafter be prescribed by law. S ECT. 4. Be it further enacted, That the sixteenth Clause of the fifth Article of the Constitution of this State be and the same is hereby so altered and amended as to read as follows, viz: There shall be an Attorney General for the State, who shall reside at the seat of Government; it shall be his duty to attend all sessions of the General Assembly, and upon the passage of any act, to draft and submit to the General Assembly, at the same session, all necessary forms of proceedings under such laws, which, when approved, shall be published therewith, and he shall perform such other duties as may be prescribed by law; he shall be elected by the qualified electors of this State, on the first Monday of October in the year 1856, and every four years thereafter, but may be removed by the Governor, on the address of two-thirds of the two Houses of the General Assembly, and shall receive for his services a compensation to be fixed by law: Provided, That the terms of office of the Attorney Gen-
FAILED A MENDMENT OF 1853 eral to be elected under this amended Constitution shall not commence until the term of office of the officer now elected shall expire. S ECT. 5. Be it further enacted, That said elections shall be conducted and the returns thereof made in the manner now prescribed or which may hereafter be prescribed by law for the election of member to Congress from this State; and it shall be the duty of the Governor to issue commissions, under the seal of the State, to the persons receiving the
highest number of votes for the said several offices. 1
Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Sixth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 22, 1852, and Ended January 14, 1853, Published by Authority of Law, Tallahassee: Printed by Charles E. Dyke, 1853, 192–193. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Sixth General Assembly by the House of Representatives on January 3, 1853, and by the Senate on January 6, 1853, but was not ratified by the Seventh General Assembly as constitutionally required.
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Failed Amendment of 1859 An Act to amend the 8th section of the 6th article of the Constitution of the State of Florida1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the 8th section of the 6th article of the Constitution of this State shall not hereafter be so construed as to render any Justice of the Supreme Court, Chancellor or Judge of this State, ineligible to either of the offices of Justice of the Supreme Court, Chancellor or Judge of this State, upon the ground that the same is another and different office, station or post of honor and emolument.
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1
Verified by The Acts and Resolutions of the General Assembly of the State of Florida, Passed at its Ninth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 22d, 1858, Published by Authority of Law, Tallahassee: Printed by Jones & Dyke, 1859, 165. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Ninth General Assembly by the Senate on January 8, 1859, and by the House of Representatives on January 12, 1859, but was not ratified by the Tenth General Assembly as constitutionally required.
First Amendment of 1861 An Act to amend the 7th section of the 13th article of the Constitution of this State1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the 7th section of the 13th article of the Constitution of this State be so amended as to read, all liabilities of such Banks shall be payable in specie, and the aggregate of the liabilities and issues of a Bank (exclusive of deposits) shall at no time exceed double the amount of its capital stock paid in.
1
Verified by The Acts and Resolutions of the General Assembly of Florida, at its Tenth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 26, 1860, Published by Authority of Law, Tallahassee: Printed by Dyke & Carlisle, 1861, 241. Spelling, capitalization, and punctuation follow the session law volume. The amendment was adopted in the Ninth General Assembly by the Senate on January 4, 1859, and by the House of Representatives on January 10, 1859. It was ratified in the Tenth General Assembly by the Senate as constitutionally required on February 4, 1861, and by the House of Representatives on February 7, 1861.
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Second Amendment of 1861 An Act to amend the amended Constitution of the State of Florida in relation to the sessions of the General Assembly1
S ECT. 1. Be it enacted by the Senate and House of Representatives of the State of Florida in General Assembly convened, That the members of the House of Representatives shall be chosen by the qualified voters, and shall serve for the term of two years from and after the day of the first election under the amended Constitution and no longer; and the sessions of the General Assembly shall be annual, and commence on the 3d Monday of November in each year, and at such other times as may be prescribed by law. S ECT. 2. Be it further enacted, That the Representatives shall be chosen on the 1st Monday in October in each and every second year from and after the first election under the amended Constitution, or on such other day as may be directed by law. S ECT. 3. Be it further enacted, That the Senators shall be chosen by the qualified electors for the term of four years at the same time, in the same manner, and in the same places where they vote for members of the House of Representatives, and no person shall be a Senator unless he be a white man, a citizen of the United States, and shall have been an inhabitant of this State for two years next preceding his election, and the last year thereof a resident of the district or county for which he shall be chosen, and shall have attained the age of twenty-five years. S ECT. 4. Be it further enacted, That the
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classification of Senators made at the first session of the General Assembly, held in the year 1845, shall continue unchanged, onehalf of whom as nearly as possible, shall be chosen forever hereafter biennially for the term of four years: Provided, however, and it is hereby declared, that the term of office of that class of Senators unexpired at the first election under the amended Constitution, shall extend to and expire on the first Monday in October, eighteen hundred and sixty-two. S ECT. 5. Be it further enacted, That the first election for Assemblymen under this Constitution shall take place on the first Monday in October, eighteen hundred and sixty-one2 , and the first session of the General Assembly under this amended Constitution shall commence on the third Monday in November in the year eighteen hundred and sixty-one. S ECT. 6. Be it further enacted, That the sessions of the General Assembly shall not extend over thirty days in duration, unless a constitutional majority of the members shall deem it expedient. No member shall receive pay from the State for his services after the expiration of thirty days continuously from the commencement of the session. S ECT. 7. Be it further enacted, That the act entitled an act to amend the Constitution of this State so as to make the sessions of the General Assembly biennial instead
S ECOND A MENDMENT OF 1861 of annual,3 be and the same is herby abrogated and annulled, so far as the same is inconsistent with the provisions of this act. 1
Verified by The Acts and Resolutions of the General Assembly of Florida, at its Tenth Session, Begun and Held at the Capitol, in the City of Tallahassee, on Monday, November 26, 1860, Published by Authority of Law, Tallahassee: Printed by Dyke & Carlisle, 1861, 241–242. Spelling, capitalization, and punctua-
tion follow the session law volume. The amendment was adopted in the Ninth General Assembly by the House of Representatives on January 15, 1859, and by the Senate on January 15, 1859. It was ratified in the Tenth General Assembly by the Senate as constitutionally required on February 4, 1861, and by the House of Representatives on February 7, 1861. 2 In The Acts and Resolutions of the General Assembly of Florida, 242, “sixty”. 3 Refers to the first amendment of 1847 (q. v.).
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Failed Constitution of the State of Franklin (1784) The Constitution of the State of Franklin1
Your Committee appointed to collect and adjust the reason which impels2 us to declare ourselves Independent of North Carolina, Report as follows, to-wit: Whereas, We the freemen3 inhabitants of part of the Country included in the limits of an Act of North Carolina Ceding certain vacant Territory to Congress; having4 declared ourselves Independent of North Carolina, a decent respect to the opinions of mankind make it proper that we should manifest to the world the reasons which Induced us to a declaration, which are as follows: F IRST. That the Constitution of North Carolina declares that it shall be justifiable to erect New States Westward5 when ever the Consent of the Legislative6 shall Countenance it, & this Consent is implied we conceive in the Cession act which has thrown us into such a situation7 that the influence of the Law in common cases was8 almost a nullity & in criminal Jurisdiction had intirely ceased9 , which reduced us to the Verge of Anarchy. S ECOND. The Assembly of North Carolina have detained a Certain quantity of Good10 , which was procured to satisfy the Indians for the lands we possess, which detainure we fully conseive has so exasperated them that they have actually committed hostilities upon us, & we are alone impeled11 to defend ourselves from these Raviges12 . 3 DLY. The resolutions of Congress held out from time to time incouraging the erection of New States have appeared to us ample incouragment.
4 THLY. Our local situation is such that we not only apprehend we13 should be separated from North Carolina; but almost every sensible disinterested traveller has declared it14 incompatible with out Interest to belong in union with the Eastern part of the State, for we are not only far removed from the Eastern parts15 of North Carolina, But separated from them by high & almost impassable mountains, which Naturally divide us from them which16 have proved to us that our interest is also in many respects distinct from the inhabitants on the other side & much injured by an17 union with them. 5 TH A ND LASTLY. We Unanimously agree that our lives, liberties and Property18 can be more secure & our happiness much better propagated by our separation, & consequently that it is our duty and unalienable right to form ourselves into a new19 Independent State. A Declaration of Rights made by the representatives of the Freemen of the State of Franklin: S ECT. 1. That all Political power is vested in & derived from the people only20 . S ECT. 2. That the people of this State Ought to have the sole & exclusive right of Regulating the Internal Government and Police21 thereof. S ECT. 3. That no man or set of men, are intitled to exclusive or Separate Emoluments or Privileges from the community, But in consideration of Public services.
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S TATE OF F RANKLIN S ECT. 4. That the Legislative22 , executive & Supreme Judicial Powers of Government Ought to be forever Separate & distinct from each other. S ECT. 5. That all powers of suspending Laws or the execution of laws, by any authority without the Consent of the Representatives of the People is injurious to their Rights & ought not to be exercised. S ECT. 6. That Elections of Members to serve as representatives in General Assembly ought to be free. S ECT. 7. That in all criminal23 prosecutions every man has a Right to be informed of the accusation against him, and to confront the accusors & witnesses with other Testimony, & shall not be compeld to give Evidence against himself. S ECT. 8. That no freeman shall be put to answer any criminal Charges24 but by indictment, Presentment or Impeachment. S ECT. 9. That no freeman shall be convicted of any Crime but by the unanimous Verdict of a Jury of good & Lawfull men in open Court, as heretofore used. S ECT. 10. That excessive Bail should not be required, nor excessive fines imposed, nor crewel & unusual25 Punishments inflicted26 . S ECT. 11. That General Warrants, whereby any officer or Messinger may be commanded to search suspected places, without Evidence of the fact Committed, or to seize any person or persons not Named whose offence27 is not particularly described & supported by evidence28 , are dangerous to Liberty, & ought not29 to be granted. S ECT. 12. That no freeman ought to be taken, imprisoned or disseized30 of his freehold, Liberties or Privileges, or outlawed or
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exiled, or in any manner destroyed or deprived of his life, liberty or property31 , but by the Laws of the land. S ECT. 13. That every freeman restrained of his liberty is intitled to a remedy to inquire into the lawfulness thereof & to remove it32 if unlawful, & that such remedy ought not to be denied or delayed33 . S ECT. 14. That in all Controversies at law respecting property the Ancient mode of tryal by Jury is one of the best securities of the Rights of the People, & ought to remain sacred & inviolable. S ECT. 15. That the freedom of the press is one of the great34 Bulwarks of liberty, & therefore ought never to be restrained. S ECT. 16. That the people of this State ought not to be taxed, or made Subject to the payment of any impost or duty without the consent of themselves or their Representatives in General Assembly freely given. S ECT. 17. That the people have a right to bear Arms for the defence of the State; and as Standing Armies in times of peace are dangerous to liberty, they ought not to be kept up; and that the Military Should be kept under strict subordination to and be governed35 by the36 civil power. S ECT. 18. That the people have a right to Assemble together, to consult for their common good, to instruct their Representatives, & to apply to the Legislature for Redress of Grievances. S ECT. 19. That all Men have a Natural and unalienable right to worship God Almighty according to the dictates37 of their own conscience. S ECT. 20. That for redress of Grievances and for amending and Strengthening the laws, Elections ought to be often Held. S ECT. 21. That a frequent recurrence to fundamental38 principles is absolutely necessary to preserve the39 blessings of liberty.
FAILED C ONSTITUTION OF THE S TATE OF F RANKLIN (1784) S ECT. 22. That no hereditary Emoluments, privileges, or honours ought to be Granted or40 Confered in this State. S ECT. 23. That perpetuties & Monopolies are Contrary to the genius of a free State, and ought not to be allowed.41 S ECT. 24. That retrospective42 laws punishing Facts43 committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust and incompatible with Liberty; wherefore no expost facto law ought to be made. S ECT. 25. That the people have a right by their44 Representatives to enact laws to encourage Virtue & Suppress vice and immorality. The Constitution or form of Government agreed to and Resolved upon by the representatives of the free men45 of the State of Franklin, elected and chosen for that particular purpose, in convention Assembled, at Jonesborough, the 17th Dece’r,46 Anno Dom. 178447 . S ECT. 1. That the legislative Authority shall be vested in two distinct branches, both dependent on the people, to-wit, a Senate and house48 of commons. S ECT. 2. That the Senate shall be composed of three Representatives49 Annually chosen by ballot from each County until there50 be ten Counties in the State, after that period one from each County. S ECT. 3. That the house of Commons shall be composed of Representatives51 annually52 chosen by Ballot four for each County until there be ten Counties within the State and after that period two for each County. S ECT. 4. That the Senate and house of Commons Assembled for the Purpose of legislation shall be denominated the General Assembly.
S ECT. 5. That each Member of the Senate shall have usually resided in the County in which he is chosen for one year immediately preceeding his Election, & for the same time shall have possessed and continue53 to possess in the County which he represents not less than one hundred Acres of land in fee. S ECT. 6. That each Member of the house of Commons shall have usually resided in the County in which he is chosen for one year immediately preceeding his Election. S ECT. 7. That all Freemen of the age of twenty-one years, who have been Inhabitants of any one County within the State twelve Months immediately54 preceeding the day of any Election, & possessed of a freehold within the same County of fifty acres of land for six months next55 before and at the day of Election shall be intitled to vote for a Member of the Senate. S ECT. 8. That all freemen of the age of twenty-one years, who have been Inhabitants of any County in this State twelve Months immediately preceeding the day of any Election, & shall have paid public taxes, shall be intitled to vote for Members for56 the house of Commons for the County in which he resides. S ECT. 9. That all persons possessed of a freehold in any Town in this State having a right of representation, & also all freemen who have been Inhabitants of any such Town twelve Months57 next before & at the day of Election, & shall have paid public taxes, Shall be intitled to Vote for a Member to represent such Town in the house of Commons; provided always, That this Section58 shall not intitle any inhabitant of Such Town to Vote for Members of the house of Commons for the County in which he may reside, nor any freeholder in such County who resides59 without or beyond the limits
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S TATE OF F RANKLIN of such60 town to vote for a Member for61 said Town. S ECT. 10. That the Senate & house of Commons, when met, shall each have power to chose a speaker and other62 officers, and shall63 be Judges of the qualifications and Election64 of their65 members, sit upon their own adjournment from day to day, & prepare bills to be passed into laws. The two houses shall direct writs of Election for supplying intermediate vacancies and shall also Jointly by Ballot adjourn Themselves to any future day & place66 . S ECT. 11. That all Bills shall be read three times in each house before they pass into laws, & be signed by the Speaker67 of Both houses. On68 Motion and seconded69 , the yeas & nays shall be taken on the passing of any act and printed with the Same. S ECT. 12. That every person who shall be chosen a member of70 Senate or house of Commons or appointed to any Office or place of Trust, before taking his Seat or entering upon the execution of his office, Shall Take an Oath to the State, and all Officers also shall take an Oath of Office. S ECT. 13. That the General Assembly by71 a72 Joint Ballot of both houses, shall appoint Judges of the Supreme Courts of law and Equity & Attorney General, who shall be Commissioned by the Governor and hold their Offices during Good behavior. S ECT. 14. That the Senate and house of Commons shall have power to appoint the General and field Officers of the Militia and all Officers of the Regular Army of the State. S ECT. 15. That the Senate and house of Commons Jointly at their first meeting after each annual Election Shall by ballot Elect73 a Governor for one year, who shall not be Eligible to that74 Office longer than three years in Six successive years; that no person under thirty years of age and who
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has not been a resident in this State above one year and shall not have75 in the State a freehold in land & Tenements above the Value of two Hundred76 & fifty pounds, Shall be Eligible as a77 Governor S ECT. 16. That the Senate and house of. commons Jointly at their first meeting after each annual Election shall by Ballot Elect five persons to be a Council of State for one year, who shall advise the Governor in the Execution of his Office, & that three Members Shall be a quorum; their advice and proceedings Shall be entered in a Journal to be kept for that purpose only, and Signed by the Members present, to any part of which any Member present may enter his dissent; and such Journal78 shall be laid before the General Assembly, when called for by them. S ECT. 17. That79 there Shall be a Seal of this State, which Shall be kept by the Governor and used by him as Occasion may Require, and Shall be called the Great Seal of the State of Franklin, & be affixed to all Grants and Commissions. S ECT. 18. The Governor for the time being shall be Captain General & Commander in Chief of the Militia, & in the recess of the Gen’l Assembly shall have power by & with the advice of the Councill of State, to80 Imbody the Militia for the81 Public safety. S ECT. 19. That the Governor for the time being shall have power to draw for & apply such sums of Money as Shall be voted by the General Assembly for the Contingencies of Government, & be accountable to them for the same, and he also may, by & with the advice of the Council of State, lay Embargoes or prohibit the Exportation of any Commodities for any term not exceeding thirty days at any one time in the recess of the General Assembly, and shall have the power of granting the82 pardons and reprieves, except where the prosecutions shall
FAILED C ONSTITUTION OF THE S TATE OF F RANKLIN (1784) be carried on by83 the General Assembly or the law shall otherwise direct. In such84 case, he may, in the recess, grant a Reprieve Untill the next sitting of the Gen’l Assembly; & may exercise all other executive Powers of Government, limited & restrained as by the85 Constitution is mentioned, and according to the laws of86 the State; and on his death, inability or absence from the State, the Speaker of the Senate for the time being, & in case of his death, Inability or absence from the State, the Speaker of the house of Commons shall exercise87 the powers of Government, after such death or during such absence or Inability of the Governor or Speaker of the Senate or until a new nomination is made by the General Assembly. S ECT. 20. That in every case where any officer, the Right of whose appointment is88 by this Constitution vested in the89 General Assembly, shall during their recess die, or his Office by their90 means become vacant, the governor shall have power, with the advice of the Council of State, to fill up such vacancy by granting a temporary Commission, which shall expire at the end of91 next Session of the General Assembly. S ECT. 21. That the Governor, Judges of Supreme Courts of Law and Equity and Attorney General, shall have adequate Salaries during their continuance in Office. S ECT. 22. That the General Assembly shall by Joint Ballot of both houses annually appoint a Treasurer or Treasurers for this State. S ECT. 23. That the governor and92 other officers offending against the State by violating any part of this Constitution, Maladministration or Corruption, may be prosecuted on the impeachment of the General Assembly, or presentment of the grand Jury of any Court of93 Supreme Jurisdiction of this State.
S ECT. 24. That the general assembly shall by Joint Ballot of both houses, Triennially appoint a Secretary for this State. S ECT. 25. That no persons who heretofore have been or hereafter may be receivers of public Monies, shall have a seat in either house of General Assembly, or be94 Eligible to any office in this State, untill such persons shall have fully accounted for & paid into the Treasury all sums for which they may be Accountable & liable, if legally called upon. S ECT. 26. That no Treasurer shall have a Seat in either Senate, house of Commons or Council of State during his Continuance in that office, or before he shall have95 finally settled his accompts with the public for all Moneys which may be in his hands at the expiration of his office belonging to the State and have paid the same into the hands of the Succeeding Treasurer. S ECT. 27. That no officer in the regular army or Navy in the Service & pay of the United States, of this or any other State,96 Nor any Contractor or agent for supplying such army or Navy with Clothing or provisions, shall have a seat in either97 Senate, house98 of Commons or Council99 of State, or be Eligible thereto, any member of the Senate, house of Commons or Council of State being appointed to and accepting of such office shall thereby Vacate his Seat. S ECT. 28. That no member of the Council of State shall have a Seat either in the Senate or house100 of Commons; provided nevertheless, that the Governor & Council shall attend the General Assembly during the sitting of the same, and that it shall be a part101 of their official duty to revise all bills before they can be passed and recommend such amendments as they may think proper. S ECT. 29. That no Judge of the Supreme Court of Law or Equity shall have a seat in
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S TATE OF F RANKLIN Senate, house of Commons or Council of State. S ECT. 30. That no Secretary of this State, Attorney General or Clerk of any Court of Record shall have a seat in the Senate, house of Commons or Council of State. S ECT. 31. That no Clergyman or preacher of the gospel of any denomination shall be Capable of being a Member of either the Senate or house of Commons while he Continues in the service of102 the pastoral function. S ECT. 32. That no person who103 shall deny the being of a God or the truth of the Protestant religion or the divine authority either of the old or new Testament, or who shall hold religious principles incompatible with the freedom and safety of the State, shall be capable of holding any office or place of trust or profit in the104 Civil department within this State. S ECT. 33. That the Justices of the Peace within their respective Counties in this State shall in105 future be recommended to the Governor for the time being by the representatives in General Assembly, and the Governor shall Commission them accordingly, and the Justices Commissioned shall hold their offices106 during good behaviour, & shall107 not be removed from office by the General Assembly unless for misbehaviour, Absence or inability. S ECT. 34. That there shall be no Establishment of any one108 religious Church or denomination in this State in preference to any other, neither shall any person on any pretence whatsoever109 be compelled to attend any place of Worship contrary to his own faith or judgment, nor be obliged to pay for the purchase of any Glebe or the building of any house of worship110 or for
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the maintainance of any Minister or111 Ministry Contrary to what he believes right or has voluntarily and personally engaged to perform; but all persons Shall be at liberty to exercise their own mode of worships112 ; provided that nothing herein113 contained shall be construed to except preachers of treasonable or Seditious doctrines114 from legal trial or punishment. S ECT. 35. That no person in the State shall hold more than one lucrative Office at any one time; provided that no appointment in the Militia or the office of a Justice of the Peace shall be Considered as a lucrative office. S ECT. 36. That all Commissions & Grants shall run in the name of the State of Franklin & bear test & be signed by the Governor; all writs shall run in the same manner & bear test & be signed by the Clerks of the respective Courts. Indictments shall conclude against the peace & dignity of the State. S ECT. 37. That the delegate for this State to the Continental115 Congress while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded in the meantime in the same manner, and no person shall be Elected to serve in that capacity for more than three years successively. S ECT. 38. That there shall be a sheriff, coroner or coroners & Constables in Each County within this116 State. S ECT. 39. That the person of a debtor, where there is not a strong presumption of fraud, shall not be Continued In prison after delivering up bona fide all his Estate, real and personal, for the use of his Creditors, in such manner as shall be hereafter regulated by law; all prisoners shall be bailable by sufficient securities117 , unless for118 Capital offences119 , when the proof is Evident or presumption great.
FAILED C ONSTITUTION OF THE S TATE OF F RANKLIN (1784) S ECT. 40. That any foreigner who comes to settle in this State, having first taken an oath of120 Allegiance to the Same, may purchase or by other just121 means acquire, hold and transfer land or other real estate, and after one year’s residence shall be deemed a free Citizen. S ECT. 41. That a School or Schools shall be established by the legislature, for the122 convenient instruction of youth, with such Salaries to the masters, paid by the public, as may enable them to instruct at low prices; and all useful123 learning shall be duly encouraged & promoted in one or more Universities. S ECT. 42. That no purchase of Lands shall be made of Indian124 natives, but on behalf of the publick, by authority of the General Assembly. S ECT. 43. That the future legislature125 of this State shall regulate intails in such a126 manner as to prevent perpetuities. S ECT. 44. That the declaration of the127 rights is hereby declared to be a128 part of the Constitution of this State, & ought never to be Violated, on any pretence whatsoever. S ECT. 45. That any member of either House129 of the130 General Assembly shall have liberty to dissent from & protest against any act or resolves which he may think injurious to the131 public, or any individual, & have the reasons of his dissent entered on the Journals. S ECT. 46. That neither house of the General Assembly shall proceed upon public business unless a Majority of all the Members of such house are actually present; & that upon Motion made & Seconded, the yeas & Nays upon any question shall be taken & entered on the Journals, & that the Journals of the proceedings of both houses of the General Assembly Shall be printed &
made public immediately after their132 adjournment. This Constitution is Not Intended to preclude the present Convention133 from making a temporary provision for the well ordering of this State untill the134 General Assembly shall establish Government agreeable to the mode herein described. Resolved, That this Convention135 Recommend this Constitution for the Serious Consideration of the people during Six Ensuing Months, after which time and136 before the expiration of the Year they137 shall138 choose a Convention for the Express purpose of Adopting it in the Name of the people, if agreed to by them, or altering it as Instructed by them.139 A true Copy, test: THOMAS TALBOT, Clk. 1
Verified by “The Constitution of the State of Franklin”, in: The State Records of North Carolina, ed. by Walter Clark, XXII, Goldsboro, N.C.: Nash Brothers, 1907, 661–670, and checked against the first reprint of the text in the Charlotte Daily Observer of September 25, 1904, 19–20, and its reprint in The American Historical Magazine, 9 (1904), 399–408. Also checked against the version as published by Samuel Cole Williams, History of the Lost State of Franklin, Johnson City, TN: The Watauga Press, 1924, 330–338. With the presumable exception of the American Historical Magazine, all others published the text according to the certified copy of the text as transmitted to the State authorities of North Carolina. The original, together with other documents, was discovered in 1904 in “little paper boxes in the office of the Insurance Commissioner” (Charlotte Daily Observer, 19; and in substance identical Williams, Lost State of Franklin, 43). A hundred years later, the “little paper boxes” were no longer extant, nor was anything known in the office of the Insurance Commissioner of North Carolina about their former contents and present whereabouts. Neither do the State Archives of North Carolina at Raleigh, NC, nor those of Tennessee at Nashville, TN. I wish to express my thanks to Jim Long, Insurance Commissioner of North Carolina, for his, though futile, efforts to trace the “little paper boxes” and their contents. Spelling, capitalization, and punctuation as in the State Records of North Carolina, which appears to be the most scrupulously prepared edition, though punctuation obviously has been modernized. Obvious typographical errors
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S TATE OF F RANKLIN in the texts have been disregarded. Due to the idiosyncratic spelling and numerous syntactic and other errors in the original document, Williams, whose edition is since long the standard source for the lost original, tried to make the text more readable by adapting its spelling, capitalization, and punctuation to modern usage. These attempts, however, were accompanied by numerous omissions and distortions, which prove him to be a less than careful and reliable editor. The first attempt to achieve statehood came to nothing and was succeeded in 1785 by a second attempt with a new constitution (q. v.). Nevertheless, in a lawsuit in 1799 the Superior Court of Law and Equity of Tennessee acknowledged the existence of a de facto government in Franklin in 1785, cf. Ingram’s Heirs v. Cocke, 1 Tenn. (1 Overt.) 22 (1799). I am most grateful to Brandon Haynes of Frankfort, KY, who was exceptionally helpful in providing the texts of 1904 and in directing me to the Tennessee law case. 2 Williams, Lost State of Franklin, 330, “reasons which impel”. 3 Charlotte Daily Observer, 19, and American Historical Magazine, 399, “freedmen”. 4 Charlotte Daily Observer, 19, and American Historical Magazine, 399, “have”. 5 Williams, Lost State of Franklin, 330, word missing. 6 Ibid., “Legislature”. 7 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “citation”. 8 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “became”. 9 Williams, Lost State of Franklin, 330, “ceased entirely”. 10 Charlotte Daily Observer, 19, American Historical Magazine, 400, and Williams, Lost State of Franklin, 330, “Goods”. 11 Williams, Lost State of Franklin, 330, “compelled”. 12 Ibid., “savages”. 13 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “that we”. 14 Williams, Lost State of Franklin, 330, “it is”. 15 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “part”. 16 Charlotte Daily Observer, 19, and American Historical Magazine, 400, word missing. 17 Williams, Lost State of Franklin, 330, word missing. 18 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “Prosperity”. 19 Williams, Lost State of Franklin, 330, “new and”. 20 Ibid., 331, word missing. 21 Charlotte Daily Observer, 19, and American Historical Magazine, 400, last two words missing. 22 Charlotte Daily Observer, 19, and American Historical Magazine, 400, “legislature”. 23 Charlotte Daily Observer, 19, and American Historical Magazine, 401, word missing. 24 Williams, Lost State of Franklin, 331, “charge”.
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25
Charlotte Daily Observer, 19, and American Historical Magazine, 401, last two words missing. 26 Williams, Lost State of Franklin, 331, “be inflicted”. 27 Charlotte Daily Observer, 19, and American Historical Magazine, 401, “offiencies”. 28 Williams, Lost State of Franklin, 331, “the evidence”. 29 Charlotte Daily Observer, 19, and American Historical Magazine, 401, word missing. 30 Charlotte Daily Observer, 19, and American Historical Magazine, 401, “dismissed”. 31 Charlotte Daily Observer, 19, and American Historical Magazine, 401, “destroyed or deprived of his life, liberty or property” missing. 32 Charlotte Daily Observer, 19, and American Historical Magazine, 401, word missing. 33 Williams, Lost State of Franklin, 331, last two words missing. 34 Ibid., 332, “greatest”. 35 Charlotte Daily Observer, 19, and American Historical Magazine, 401, instead of “be governed” “Governe”. 36 Williams, Lost State of Franklin, 332, word missing. 37 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “dictate”. 38 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “a Fundimental”. 39 Charlotte Daily Observer, 19, and American Historical Magazine, 402, word missing. 40 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “an”. 41 Williams, Lost State of Franklin, 332, whole section missing. 42 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “representative”. 43 Williams, Lost State of Franklin, 332, “acts”. 44 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “the”. 45 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “freedom”. 46 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “Deee.”. 47 Charlotte Daily Observer, 19, “1787”; State Records, 664, “1778”. 48 Williams, Lost State of Franklin, 332, “a House”. 49 Charlotte Daily Observer, 19, and American Historical Magazine, 402, “the Representative”. 50 Charlotte Daily Observer, 19, and American Historical Magazine, 402, word missing. 51 State Records, 664, “Representative”. 52 Williams, Lost State of Franklin, 333, word missing. 53 Ibid., “continued”. 54 Charlotte Daily Observer, 20, and American Historical Magazine, 403, word missing. 55 Charlotte Daily Observer, 20, and American Historical Magazine, 403, word missing. 56 Williams, Lost State of Franklin, 333, “of”. 57 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “month”.
FAILED C ONSTITUTION OF THE S TATE OF F RANKLIN (1784) 58 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “Sect.”. 59 Williams, Lost State of Franklin, 333, “resided”. 60 Ibid., word missing. 61 Ibid., “of”. 62 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “other there”. 63 Charlotte Daily Observer, 20, and American Historical Magazine, 403, last two words missing. 64 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “Elections”. 65 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “there”. 66 Williams, Lost State of Franklin, 334, last two words missing. 67 Ibid., “speakers”. 68 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “and”. 69 Williams, Lost State of Franklin, 334, “second”. 70 Ibid., “of the”. 71 Charlotte Daily Observer, 20, and American Historical Magazine, 403, “shall by”. 72 Williams, Lost State of Franklin, 334, word missing. 73 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “shall Elect”. 74 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “the”. 75 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “and having”. 76 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “Hundreds”. 77 Williams, Lost State of Franklin, 334, word missing. 78 Ibid., “journals”. 79 Ibid., word missing. 80 Charlotte Daily Observer, 20, and American Historical Magazine, 404, word missing. 81 Williams, Lost State of Franklin, 335, word missing. 82 Ibid., word missing. 83 Ibid., “in”. 84 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “which”. 85 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “this”. 86 Williams, Lost State of Franklin, 335, “the Constitution is mentioned, and according to the laws of” missing. 87 Charlotte Daily Observer, 20, and American Historical Magazine, 404, “exorise”. 88 Williams, Lost State of Franklin, 335, “is made”. 89 Charlotte Daily Observer, 20, and American Historical Magazine, 405, word missing. 90 Williams, Lost State of Franklin, 335, “other”. 91 Ibid., “of the”. 92 Ibid., “or”. 93 Ibid., “or”. 94 Charlotte Daily Observer, 20, and American Historical Magazine, 405, word missing.
95 Charlotte Daily Observer, 20, and American Historical Magazine, 405, word missing. 96 Charlotte Daily Observer, 20, and American Historical Magazine, 405, “of this or any other State,” missing. 97 Williams, Lost State of Franklin, 336, “either in the”. 98 Ibid., “the House”. 99 Ibid., “the Council”. 100 Ibid., “the House”. 101 Charlotte Daily Observer, 20, “fact”. 102 Charlotte Daily Observer, 20, and American Historical Magazine, 406, word missing. 103 Williams, Lost State of Franklin, 336, word missing. 104 Charlotte Daily Observer, 20, and American Historical Magazine, 406, word missing. 105 Williams, Lost State of Franklin, 336, “in the”. 106 Ibid., “office”. 107 Ibid., “shall be”. 108 Ibid., 337, word missing. 109 Ibid., “whatever”. 110 Charlotte Daily Observer, 20, and American Historical Magazine, 406, “worship house”. 111 Charlotte Daily Observer, 20, and American Historical Magazine, 406, “of”. 112 Williams, Lost State of Franklin, 337, “worship”. 113 Ibid., “therein”. 114 Charlotte Daily Observer, 20, “discoveries”, and American Historical Magazine, 406, “discourses”. 115 Williams, Lost State of Franklin, 337, “Constitutional”. 116 Ibid., “the”. 117 Ibid., “sureties”. 118 Ibid., “for any”. 119 Charlotte Daily Observer, 20, and American Historical Magazine, 407, “offence is”. 120 Charlotte Daily Observer, 20, and American Historical Magazine, 407, word missing. 121 Williams, Lost State of Franklin, 337, word missing. 122 Charlotte Daily Observer, 20, and American Historical Magazine, 407, word missing. 123 Charlotte Daily Observer, 20, and American Historical Magazine, 407, word missing. 124 Charlotte Daily Observer, 20, and American Historical Magazine, 407, “Indians”. 125 Williams, Lost State of Franklin, 338, “Legislatures”. 126 Ibid., word missing. 127 Ibid., word missing. 128 Charlotte Daily Observer, 20, and American Historical Magazine, 407, word missing. 129 Charlotte Daily Observer, 20, and American Historical Magazine, 407, “Houses”. 130 Charlotte Daily Observer, 20, and American Historical Magazine, 407, word missing. 131 Williams, Lost State of Franklin, 338, word missing. 132 Ibid., word missing. 133 Charlotte Daily Observer, 20, “Constitution”. 134 Charlotte Daily Observer, 20, and American Historical Magazine, 408, “this”. 135 Charlotte Daily Observer, 20, “Constitution”.
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S TATE OF F RANKLIN 136
Charlotte Daily Observer, 20, and American Historical Magazine, 408, word missing. 137 Charlotte Daily Observer, 20, and American Historical Magazine, 408, “that they”.
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138
Charlotte Daily Observer, 20, and American Historical Magazine, 408, word missing. 139 Charlotte Daily Observer, 20, and American Historical Magazine, 408, rest missing.
Failed Constitution of the State of Frankland (1785) Declaration of Rights, also, the Constitution or Form of Government1
A DECLARATION OF RIGHTS MADE BY THE REPRESENTATIVES OF THE FREEMEN OF THE STATE OF FRANKLAND I. That all political power is vested in, and derived from the people only. II. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof. III. That no man, or sett of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services. IV. That the Legislative, Executive, and Supreme Judicial powers of government ought to be for ever separate and distinct from each other. V. That all powers of suspending laws, or the execution of laws, by any authority, without the consent of the Representatives of the people, is injurious to their rights, and ought not to be exercised. VI. That elections of members to serve as Representatives, in General Assembly, ought to be free. VII. That, in all criminal prosecutions, every man has a right to be informed of the accusation against him, and to confront the accusers and witnesses with other testimony, and shall not be compelled to give evidence against himself.
VIII. That no freeman shall be put to answer any criminal charge but by indictment, presentment, or impeachment. IX. That no freeman shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men, in open court, as heretofore used. X. That excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. XI. That general warrants, whereby an officer or messenger may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and ought not to be granted. XII. That no freeman ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty, or property, but by the law of the land. XIII. That every freeman, restrained of his liberty, is entitled to a remedy, to enquire into the lawfulness thereof, and to remove the same, if unlawful; and that such remedy ought not to be denied or delayed. XIV. That in all controversies at law, respecting property, the ancient mode of trial by jury is one of the best securities of the rights of the people, and ought to remain sacred and inviolable.
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S TATE OF F RANKLAND XV. That the freedom of the press is one of the great bulwarks of liberty, and therefore ought never to be restrained.
THE CONSTITUTION OR FORM OF GOVERNMENT
XVI. That the people of this State ought not to be taxed, or made subject to payment of any impost or duty, without the consent of themselves, or their representatives, in General Assembly, freely given.
Agreed to and resolved upon by the Representatives of the Freemen of the State of Frankland, elected and chosen for that particular purpose, in Convention assembled, at Greeneville, the 14th of Novem. 1785.
XVII. That the people have a right to bear arms for the defence of the State; and as standing armies, in time of peace, are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to, and governed by, the civil power.
This State shall be called The Commonwealth of Frankland, and shall be governed by a General Assembly of the representatives of the freemen of the same, a Governor and Council, and proper courts of justice, in the manner following, viz.
XVIII. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the Legislature for redress of grievances. XIX. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences. XX. That, for redress of grievances, and for amending and strengthening the laws, elections ought to be often held. XXI. That a frequent recurrence to fundamental principles is absolutely necessary to preserve the blessings of liberty. XXII. That no hereditary emoluments, privileges, or honors, ought to be granted or conferred in this State. XXIII. That perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed. XXIV. That retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; therefore no ex post facto law ought to be made.
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S ECT. 1. The supreme legislative power shall be vested in a single house of Representatives of the freemen of the commonwealth of Frankland. S ECT. 2. The House of Representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen equally and adequately according to the number of freemen in the commonwealth; provided when the number amounts to one hundred it shall never exceed it, nor be ever afterwards reduced lower than eighty, and every county shall annually send the number apportioned to it by the General Assembly. S ECT. 3. No person shall be eligible to, or hold a seat in the House of Representatives of the freemen of this commonwealth, unless he actually resides in, and possesses2 land in the county to the quantity of one hundred Acres, or to the value of fifty Pounds, and is of the full age of twenty-one years. And no person shall be eligible or capable to serve in this or any other office in the civil department of this State, who is of an immoral character, or guilty of such flagrant enormities as drunkenness, gaming, profane swearing, lewdness, Sabbath-breaking, and such like; or who will, either in word or
FAILED C ONSTITUTION OF THE S TATE OF F RANKLAND (1785) writing, deny any of the following propositions, viz. 1st, That there is one living and true God, the Creator and Governor of the universe. 2d, That there is a future state of rewards and punishments. 3d, That the scriptures of the Old and New Testaments are given by divine inspiration. 4th, That there are three divine persons in the Godhead, co-equal and co-essential. And no person shall be a member of the House of Representatives, who holds a lucrative office either under this or other States; that is, has a fixed salary or fees from the State, or is in actual military service and claiming daily pay, or minister of the gospel, or attorney at law, or doctor of physic. S ECT. 4. Every free male inhabitant of this State, of the age of twenty one years, who shall have resided in this State six months immediately preceding the day of election, shall have a vote in electing all officers chosen by the people, in the county where he resides. S ECT. 5. The House of Representatives of this commonwealth shall be stiled the General Assembly of the Representatives of the Freemen of Frankland; and shall have power to choose their own Speaker, and all other officers, Treasurer, Secretary of State, superior Judges, Auditors, members to Congress. They shall have power to sit on their own adjournments; to prepare bills, and to enact them into laws; to judge of the elections of, and qualifications of, their own members: They may expel a member, but not a second time for the same cause; they may administer oaths on the examination of witnesses, redress grievances, impeach State criminals, grant charters of incorporation, constitute towns, cities, boroughs, and counties, and shall have all other powers
necessary for the Legislature of a free State or commonwealth. But they shall have no power to add, alter, abolish, or infringe any part of the Constitution. Two thirds of the whole members elected shall constitute a House, (and the expence from the appointed time ’till they make a House, shall be laid on absentees, without reasonable excuse) and having met and chosen their Speaker, shall, each of them, before they proceed to business, take and subscribe, as well the oath of fidelity and allegiance hereafter directed, as the following oath – “I A. B. do swear, That, as a member of this Assembly, I will not propose or assent to any bill or resolution, which shall appear to me injurious to the people, nor do, nor consent to any act or thing whatever, that shall have a tendency to lessen or abridge the rights and privileges as declared in the Constitution of this State; but will in all things conduct myself as a faithful honest Representative and guardian of the people, according to the best of my judgment and abilities. So help me God.” The doors of the house in which the representatives of the freemen of this State shall sit in General Assembly shall be and remain open, for the admission of all persons who shall behave decently; except when the good of the commonwealth requires them to be shut. S ECT. 6. The votes and proceedings of the General Assembly shall be printed weekly, during their sitting, with the Yeas and Nays on any question, vote, or resolution, (except when the vote is taken by ballot) when any two members require it; and every member shall have a right to insert the reasons of his vote upon the Journals, if he desires it. S ECT. 7. That laws, before they are enacted, may be more maturely considered,
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S TATE OF F RANKLAND and the danger of hasty and injudicious determinations as much as possible prevented, all Bills of a public and general nature shall be printed for the consideration of the people, before they are read in General Assembly the last time, for debate and amendment; and, except on occasions of sudden necessity, shall not be passed into laws before the next session of3 Assembly: And, for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles. S ECT. 8. The stile of the laws of this commonwealth shall be, Be it enacted, and it is hereby enacted, by the Representatives of the freemen of the commonwealth of Frankland, in General Assembly, and by the authority of the same. And the General Assembly shall affix their Seal to every Bill as soon as it is enacted into a law; which Seal shall be kept by the Assembly, and shall be called the Seal of the Laws of Frankland, and shall not be used for any other purpose. S ECT. 9. As in every free government the people have a right of free suffrage for all officers of government that can be chosen by the people, the freemen of this State shall elect Governor and Counsellors, Justices of the peace for each county, and Coroner or Coroners, Sheriffs, and all other such officers, except such as the Assembly are empowered to choose. S ECT. 10. All the able bodied men in this State shall be trained for its defence, under such regulations, restrictions, and exceptions as the General Assembly shall direct by law, preserving always to the people, from the age of sixteen, the right of choosing their colonels, and all other officers under that rank, in such manner and as often as shall be by the same laws directed. S ECT. 11. The Governor of the State shall be annually chosen by the free suf-
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frages of the people on the day of general election for Representatives for the General Assembly, and the returning officers for each county shall make a fair return to the House of Representatives, of the persons voted for, and the number of votes to each, which the Assembly shall examine, and the highest in votes shall be declared constitutionally elected; but no person shall be eligible more than three years out of seven, nor hold any other office at the same time. S ECT. 12. This State shall be divided into six grand divisions, each of which, as in the above mentioned section4 , shall choose a Counsellor: And these divisions shall be thrown into three classes, numbered 1st, 2d, and 3d, which shall change their members in Council by rotation, beginning with the first class the first year, after they have served one, and the second the second year, and so on forever; by which means some acquainted with business will be always in Council. And no person shall be eligible more than three years in seven, nor shall hold any other office in the State. S ECT. 13. The Governor and Council shall meet annually at the same time and place with the General Assembly: The Governor, or, in his absence, the Lieutenant Governor, who shall be one of their number chosen by5 the rest, with the Council, (two thirds of whom shall make a board) shall have power to correspond with other States: to transact business with the officers of government, civil and military; to prepare such business as may appear to them necessary to be laid before the General Assembly: They shall also have power to grant pardons and remit fines, in all cases whatsoever, except in case of murder, impeachment, and treason, which they may reprieve till the end of the next session of Assembly; but there shall be no mitigation of punishment on impeachment, unless by act of the Legislature: They are to take care
FAILED C ONSTITUTION OF THE S TATE OF F RANKLAND (1785) that the laws be faithfully executed; to expedite the execution of such measures as may be resolved upon by the General Assembly: They may draw upon the Treasury for such sums as shall be appropriated by the House of Representatives – they may also lay embargoes, or prohibit the exportation of any commodity for any time not exceeding thirty days, in the recess of the General Assembly only: – They may grant licences, as the laws shall direct, and shall have power to convene the House of Representatives, when necessary, before the day to which they were adjourned. The Governor shall be commander in chief of the forces of the State; but shall not command in person, except advised thereto by the Council, and then only so long as they shall approve of. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Counsellor may enter his dissent, with his reasons in support of it. S ECT. 14. All commissions and grants shall be in the name and by the authority of the freemen of the commonwealth of Frankland, sealed with the State Seal, signed by the Governor, or, in his absence, the Lieutenant-Governor, and attested by the Secretary; – which Seal shall be kept by the Council. S ECT. 15. No Justice of the peace shall receive any fee, gratuity, or reward for his services as a Justice: But all other officers of this State shall be allowed as moderate fees or salaries as possible, to be an adequate compensation for their services. And if any officer shall take other or greater fees than the laws allow, it shall ever afterwards disqualify him to hold any office in this State. S ECT. 16. Every officer of government shall be liable to be impeached by the General Assembly, or presented by the grand jury of any of the superior courts, either in
office or after his resignation or removal, for mal-administration. All impeachments shall be before a temporary court, composed of the Governor or Lieutenant- Governor, and two members of the Council to be chosen by the Council; the three senior judges of the Supreme Court, and three members of the General Assembly to be chosen by the Assembly, who shall, or any five of them, hear and determine the same. S ECT. 17. The Treasurer of State shall be annually appointed, and no person eligible more than three years successively. The Secretary of State, Attorney General, Auditors, and such like officers, shall be triennally; but removable for misconduct. And any officer, representative in General Assembly, or in the Congress of the United States, who is convicted of a second violation of any part of this Constitution, shall be for ever afterwards disqualified to hold any place or office in this State. S ECT. 18. That in every case, where any officer, the right of whose appointment is, by this Constitution, vested in the General Assembly, shall, during their recess, die, or his office, by other means, become vacant, the Governor shall have power, with the advice of the Council of State, to fill up such vacancy, by granting a temporary commission, which shall expire at the end of the next session of6 Assembly. S ECT. 19. That no Treasurer, until he shall have finally settled his accounts with the public, and paid the money remaining in his hand to the succeeding Treasurer, nor any person who heretofore has been, or hereafter may be, a Receiver of public monies under this or any other State, until he has fully accounted for and paid into the treasury all monies for which he may accountable and liable, shall have a seat in the General Assembly, or be eligible to any civil office in this State.
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S TATE OF F RANKLAND S ECT. 20. The freemen of each county shall, for the purpose of ease, justice and conveniency in holding elections, and other public affairs, be divided into districts, as near one hundred in each as local circumstances will admit. S ECT. 21. The freemen of each district shall meet upon the second Tuesday of February forever, and at their first meeting elect three of their own members, who shall be called Registers, and who shall keep a fair alphabetical roll of the freemen of their district. Any two of them agreeing, or upon advice of any five freemen, shall have power to assemble the freemen of their district to consult for the common good, give instructions to their Representatives, or to apply to the Legislature for redress of grievances by address, petition, or remonstrance: They shall preside in all civil district elections, shall meet twice, or oftener, in the year, to deliberate upon and prepare to lay before the people such matters as may be necessary for them to consider. And, to keep up a rotation of the members, the person who shall have fewest votes at the first election, shall continue in office one year, the second two, and the highest three. And no Register shall be eligible for two years after he has served his term. S ECT. 22. That elections may be free, and corruption prevented as much as possible, the Registers of each district shall summon the freemen of their district to meet at some convenient place, upon the first Tuesday of March forever, where they shall elect, by ballot, all the officers for their district, which shall be hereafter directed, and the number of persons, indiscriminately, out of the county, appointed to represent it in the General Assembly, in the following manner – The senior Register shall call each freeman by name, in the order of the roll, who shall give his ticket or tickets to the second Register, and the highest in votes for district offi-
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cers shall then be declared constitutionally elected; but the names of the persons to represent the county in General Assembly, and their respective numbers of votes, shall, by one of the Registers, be laid before a meeting of one from each district, within ten days after the election, – and when all are examined, the highest in votes shall be declared constitutionally elected, and certified by the same Register. No freeman shall have, in this commonwealth, more than [one]7 annual vote for any officer of government, and the Legislature hereafter to be appointed shall, from time to time, enact and keep in force such laws as may appear necessary to prevent and remedy every species of corruption, and to oblige freemen to attend upon elections. S ECT. 23. Justices of the peace shall be elected for each county, ten or more, by the freemen, as shall, by the General Assembly, be thought necessary for each, of those residing within the same, and qualified as mentioned in Sect. 3. who shall be commissioned, during good behaviour, by the Governor or Lieutenant Governor in Council: And no Justice of the peace, or any other commissioned officer, shall hold his commission who misbehaves, or is found guilty of such things as disqualify; nor shall any one be chosen who is not a scholar to do the business, nor, unless acquainted with the laws of the country in some measure, but particularly with every article of the Constitution. S ECT. 24. To prevent the civil power usurping spiritual supremacy, the establishing of professions, denominations, or sects of religion, or patronizing ecclesiastical hierarchies and dignitaries, also to secure religious liberty and the rights of conscience forever inviolate, – every citizen of this commonwealth shall forever have full and free liberty to join himself to any society of Christians he may judge most for his edification,
FAILED C ONSTITUTION OF THE S TATE OF F RANKLAND (1785) and shall experience no civil or legal disadvantage for his so doing: And every society or congregation shall have full liberty, without any restraint from law, to choose any minister they think best suited for their Christian instruction, and to support him as they think best: And every such society or congregation shall have full right to hold all lands given to, or purchased by, them, for the use of their society, or any other property they may possess for religious purposes: And the society, or any description of men chosen by them, with power to act in their name, shall have power to receive, or to make and execute deeds, and enter into such other specialties as the society may direct them to make; and shall have full power, by their agent, treasurer, or collector, to receive, recover and retain all property and money justly due to them, in as full a manner as any other collector or agent in this commonwealth. And the future Legislature of this State shall have no power to make any law, act, or resolve whatsoever respecting religion or the spiritual service we owe to God; but shall confine themselves wholly to matters purely civil. S ECT. 25. Laws for the encouraging of virtue, and preventing and suppressing of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution. S ECT. 26. That no person in the State shall hold more than one lucrative office at any one time, provided that no appointment in the militia, or the office of a Justice of the peace, shall be considered as a lucrative office. S ECT. 27. All writs shall run in the name of the State of Frankland, and bear test, and be signed by the clerks of the respective courts. Indictments shall conclude, against the peace and dignity of the State.
S ECT. 28. That the delegates of this State to the Continental Congress, while necessary, shall be chosen annually by the General Assembly, by ballot, but may be superseded, in the mean time, in the same manner; and no person shall be elected to serve in that capacity for more than three years successively. S ECT. 29. A Sheriff and Coroner shall be annually elected, on the day, and in the manner, for electing Representatives in General Assembly, who shall be commissioned as before mentioned; and no person shall be eligible more than two years out of five. – Also Commissioners, Assessors, Overseers of the poor, Surveyors of roads, and all such officers as each district may require, at the same time and in such number as in future may appear necessary to the Legislature. S ECT. 30. That the person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate, real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, where the proof is evident or the presumption great. S ECT. 31. That every foreigner, who comes to settle in this State, having first taken an oath of allegiance to the same, may purchase, or, by other just means, acquire, hold, and transfer land or other real estate, and, after one year’s residence, shall be deemed a free citizen. S ECT. 32. All kinds of useful learning shall be encouraged by this commonwealth, that is to say, the future Legislature shall erect, before the year seventeen hundred and eighty-seven, one University, which shall be near the centre of this State, and not in a city or town. And, for endowing the same, there shall be appropriated
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S TATE OF F RANKLAND such lands as may be judged necessary, one fourth of all the monies arising from the surveys of land hereafter to be made, one halfpenny upon every pound of inspected indigo, that shall be carried out of the State, by land or water; threepence upon every barrel of flour, and one shilling on every hogshead of tobacco, forever.I And, if the fund thence arising shall be found insufficient, the Legislature shall provide for such additions as may be necessary. And if experience shall make it appear to be useful to the interest of learning in this State, a Grammar School shall be erected in each county, and such sums paid by the public as shall enable the trustees to employ a master or masters of approved morals and abilities. S ECT. 33. That no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly. S ECT. 34. That the future Legislature of this State, shall regulate entails in such a manner as to prevent perpetuities. S ECT. 35. That the Declaration of Rights is hereby declared to be a part of the Constitution of this State, and ought never to be violated, on any pretence whatsoever. S ECT. 36. No tax, custom or contribution shall be imposed upon, or paid by, the people of this State, nor any appropriation of public monies made by the Legislature, except by a law for that purpose; and the purposes for which the money is raised, and to which it is appropriated, shall be clearly expressed in the preamble. And, annually, the General Assembly shall publish a full account of all money paid into the Treasury, and by whom; also of all paid out of it, to whom, and for what. S ECT. 37. If any dispute or difference shall arise betwixt citizens, in matters of I
debt, property, character, or such things, the parties, agreeing to state their dispute, and leave it to arbitration, shall proceed in the following manner; – they shall apply by joint petition to the Registers of the district where the case exists, or the defendant lives, unless they shall otherwise agree, who shall name, in writing, twenty-four substantial freemen residing in the same, and the parties shall alternately strike out one until one half are struck out, then the parties shall draw by lot such an odd number as they shall agree upon, out of the remainder, who, after taking an oath to try the case in dispute without favor, affection, or partiality, shall hear and finally determine the same. S ECT. 38. The printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any person or part of government; and no prosecution shall commence against a printer for printing any thing whatsoever, provided he gives up the person’s name. S ECT. 39. The Legislature shall take care to proportion punishments to the crimes, and may provide houses for punishing, by hard labor, those convicted of crimes not capital, wherein the criminals shall be employed, for the benefit of the public, or for the reparation of injuries done to private persons. All persons, at proper times, shall be admitted to see the prisoners at their labor. S ECT. 40. The inhabitants of this State shall have liberty to fowl and hunt in seasonable times, on the lands they hold, and all others therein, not inclosed, and in like manner to fish in all boatable waters, and others, not private property. S ECT. 41. The Legislature hereafter to be chosen shall provide that marriages, in this commonwealth, be regularly and solemnly celebrated, between one man and one woman, before free and single.
Dissented to, as is mentioned in the Preface {and resolved to let the people decide on the proposed tax}.
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FAILED C ONSTITUTION OF THE S TATE OF F RANKLAND (1785) S ECT. 42. That this Constitution may be the better understood by the citizens of this commonwealth, and be more effectually kept inviolate to the latest ages, the future Legislature shall employ some person or persons, at the public expence, to draw it out into a familiar catechetical form, and the Registers shall take care that it be taught in all the schools within their respective districts; and shall further provide, that a sufficient number of the Constitution be printed, that each citizen may have one, as the inviolable charter of his privileges. S ECT. 43. The future Legislature shall choose and keep a chaplain during their session, if to be obtained, and shall annually invite some minister of the gospel to open their first session, after the annual election, with a sermon. S ECT. 44. The privileges and benefit of the writ of Habeas Corpus shall be enjoyed in this commonwealth, in the most free, easy, cheap, expeditious and ample manner, and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding twelve months: And, in all cases, every person shall enjoy the liberty of being heard by himself and his Counsel. S ECT. 45. In order that the freedom of this commonwealth may be preserved inviolate forever, there shall be chosen by the free suffrage of the freemen of this State, on the ——– day of ——– in the year one thousand seven hundred and ninety, and in every succeeding fifth year forever, twentyfour freeholders, two thirds of which shall constitute a board in every case, and known by the name of a Council of Safety, and shall meet on the ——– day of ——– next ensuing their election, who, during one year after said day, shall have full power, and their duty shall be, to enquire whether the Constitution has been preserved8 inviolate in every part;
whether the Legislative, Executive, Judiciary and Military branches of government, and public servants, have faithfully performed their several duties, or whether they have assumed to themselves, or exercised, greater or other powers than they are entitled to by this Constitution, or neglected to exercise those with which they were invested. They are to enquire whether the public taxes have been justly laid and collected in every part of this commonwealth; in what manner the public money and property have been disposed of; and whether the laws have been duly exercised: For these they shall have power to send for papers and records, to recommend impeachments, and the repealing such laws as shall appear contrary to the principles of this Constitution; they shall fix and regulate the salaries and fees of all civil officers: And no other powers shall they be invested with, or attempt to exercise. And no person shall be eligible as a member of this Council, who has held any civil office, (except a Justice of the peace and subaltern in the militia) for the space of two immediately preceding years, nor shall he hold any other office in government, whilst he is a member of Council. S ECT. 46. Estates shall not be entailed; and when a person dies intestate, his or her estate shall be equally divided among their children, considering the part every child before received in his or her proportion: the widow shall have a child’s share, or her dower, at her option. All other intestates estates, as may be directed by the future Legislature. S ECT. 47. This form of government shall be enrolled on parchment, and be deposited in the Secretary’s office, and be a part of the laws of the land; and printed copies thereof shall be prefixed to the book containing the laws of the commonwealth, in all future editions of the said laws.
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S TATE OF F RANKLAND A true copy from the Original, Attested per FRANCIS A. RAMSEY, clerk. 1
Verified by A Declaration of Rights Also, the Constitution or Form of Government Agreed to, and resolved upon, by the Representatives of the Freemen of the State of Frankland, Elected and chosen for that particular purpose, in Convention assembled at Greeneville, the 14th of November, 1785, Philadelphia: Printed by Francis Bailey, 1786, 23 p. Also compared with the version from a different, though incomplete source, as reprinted by J. G. M. Ramsey, The Annals of Tennessee to the End of the Eighteenth Century, Charleston: John Russell, 1853, 325–334. The original manuscript is not known to have survived. Spelling, capitalization, and punctuation follow the Bailey print. Italics are used when inserted in the Bailey print. Curly brackets are used where square brackets appear in the Bailey print.
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Obvious typographical errors are tacitly corrected. Although the constitution rested on established precedents, explicitly refering to the constitution of North Carolina as a model and heavily drawing on the Pennsylvania Constitution of 1776, adopting numerous sections verbatim, it was an almost immediate failure. A combination of radical democracy with theocratic elements it proved incapable of reconciling the conflicting interests of various individuals and those of the states of Virginia and North Carolina, which collided in the autumn of 1785; cf. also James William Hagy, “Democracy Defeated: The Frankland Constitution of 1785”, in: Tennessee Historical Quarterly, 40 (1981), 239–256. 2 In Ramsey, The Annals of Tennessee, 326, “owns”. 3 Ibid., 328, “of the”. 4 Ibid., 328, “sections”. 5 Ibid., 329, “with”. 6 Ibid., 330, “of the”. 7 Ibid., 331, word added. 8 Ibid., 334, remainder of Constitution declared lost.
Index ambassadors, 37, 39, 59, 77 apportionment of representatives, 21, 46, 71, 109, 179, 189, 213, 223, 290, 318 – by geographical units, 55, 56, 76, 87, 115, 119, 126, 197, 245, 303, 304, 343 – by inhabitants, 81, 96, 97, 105, 115, 119, 126, 127, 148, 151, 158, 159, 197, 318, 352 census, 38, 46, 53, 71, 75, 81, 97, 109, 115, 119, 127, 128, 158, 197, 290, 318 church, 194, 320 – separation of church and state, 62, 79, 94, 122, 218, 221, 232, 243, 256, 269, 283, 294, 346, 359 – state church, 94, 316 citizenship, 20, 51, 60, 74, 78, 238, 248, 298, 357 – loss of, 90 constitution, 176–178, 323, 358 – amendment of, 31, 61, 78, 95, 108, 128, 141, 171, 184, 196, 217, 218, 221, 232, 243, 256, 284, 293, 321, 338, 353, 357 – – constitutional convention, 184, 232, 257, 284, 321 – constitutional review, 106, 124, 135, 171, 359 – fundamental principles, 347, 352 – legal status of, 31, 79, 217, 218, 232, 256, 284, 358, 359 – purpose, 45–69, 71–307 corporations, 195, 232, 247, 256, 273, 283, 320, 321 debtors, 95, 135, 151, 160, 346, 357 economy, 51, 53, 54, 74, 75 – banking, 107, 136, 139, 160, 320, 321, 337 – regulations, 159, 160, 299, 308, 343, 352 education, 106, 134, 169, 170, 194, 319, 357
– common schools, establishment of, 170, 194, 347, 357 election, eligibility for, 88, 164, 193, 307, 312 – age, 45, 47, 56, 71, 72, 76, 96, 97, 99, 115, 124, 129, 161, 190, 223, 225, 245, 248, 271, 274, 290, 291, 298, 300, 309, 311, 312, 327, 338, 344, 352 – citizenship, 45, 47, 56, 71, 72, 76, 96, 97, 99, 115, 124, 129, 155, 161, 223, 225, 245, 248, 271, 274, 290, 291, 309, 311, 312, 327, 338 – disqualifying attributes, 48, 72, 90, 99, 105, 124, 157, 168, 172, 174, 175, 195, 216, 231, 232, 256, 273, 275–277, 294, 301, 305, 315–317, 345, 346, 352, 355 – gender, 96, 97, 109, 124, 290, 298, 311, 312, 327, 338 – property, 223, 245, 256, 277, 298, 300, 307, 343, 344, 352 – race, ethnicity, 96, 97, 109, 115, 124, 290, 298, 311, 312, 327 – religion, 115, 338 – residence, 45, 47, 55, 56, 71, 72, 75, 76, 87, 96, 97, 99, 109, 115, 124, 129, 135, 155, 161, 175, 223, 225, 245, 248, 271, 273, 274, 290, 291, 298, 309, 311, 312, 327, 338, 343, 344, 352 elections, 96, 104, 109, 134, 137, 166, 173, 178, 179, 189, 193, 197, 218, 224, 249, 262, 285, 292, 293, 333, 335, 338, 342, 354 – contestation of, 98, 99, 116, 129, 130, 226, 247, 249, 274, 290, 309, 312 – election committee, 293 – election day, 48, 56, 72, 76, 96, 97, 99, 109, 115, 118, 124, 137, 153–155, 161, 163, 164, 177, 178, 190, 194, 200, 217, 223, 258, 262–264, 276, 285, 290, 293, 309, 311, 312, 327, 334, 338, 354, 356 – electoral returns, 48, 72, 98, 99, 105, 116, 125, 129, 130, 135, 137, 161, 179,
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I NDEX 189, 190, 224, 225, 233, 246, 247, 272, 274, 290, 292, 293, 309, 312, 317, 335 – voter registration, 315 – voting procedure, 48, 72, 115, 190 – – ballot, 55, 75, 87, 96, 153, 189, 190, 193, 226, 247, 249, 262–264, 276, 293, 317, 343, 344, 356 – – viva voce, 105, 124, 125, 160, 317 electoral districts, 159, 197, 318 – single constituency, 197, 223, 355 electoral principles, 352 – equal elections, 122, 221, 243, 269, 307, 356 – free elections, 122, 211, 221, 243, 269, 307, 342, 351, 356 – general elections, 99 – majority principle, 175, 197 executive, 55, 57, 75, 77, 123, 154, 188, 225, 247, 274, 289, 298, 300, 303, 304, 309 – council of state, 214–216, 233, 304, 305, 344, 345, 354 – head of state, 55–58, 75–77, 87, 99–101, 104, 126, 128–131, 154, 157, 161–164, 178, 180, 189–192, 195, 199, 200, 214, 225–227, 233, 247, 248, 250, 258, 263, 264, 274, 275, 277, 286, 290–292, 300, 303, 304, 309, 311, 316, 317, 344, 345, 354 – – competencies, 57, 58, 76, 77, 100–102, 113, 114, 116, 118, 124, 129, 130, 156, 161–163, 168, 191, 210, 215, 216, 225– 227, 230–232, 237, 240, 241, 245, 247, 248, 252, 253, 255, 256, 259, 271, 274–277, 279, 280, 282, 283, 286, 291, 292, 298, 300, 301, 304, 305, 309–311, 314, 321, 330–332, 344, 345, 354, 355 – members, 227, 282, 304, 355 – – appointment, 100, 192, 199, 202, 226, 231, 255, 283, 310, 345 – – election, 55, 56, 75, 76, 87, 99, 115, 128–131, 161, 164, 178, 190, 192, 200, 214, 225, 226, 231, 233, 247, 255, 258, 274, 282, 283, 292, 300, 309, 334, 344, 345, 354 – – ex officio, 192
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– – impeachment, 56, 58, 76, 77, 101, 126, 130, 157, 163, 191, 192, 194, 195, 202, 217, 226, 227, 248, 250, 277, 292, 311, 317, 345, 354 – – inability to serve, 56, 76, 101, 130, 163, 191, 192, 214, 226, 248, 275, 292, 300, 303, 304, 311, 345 – – length of term, 55, 75, 99, 100, 129– 131, 161, 164, 173, 190, 192, 199, 202, 214, 225, 231, 247, 255, 258, 274, 282, 283, 286, 291, 292, 300, 309, 310, 334, 344 – – plurality of offices, 101, 131, 162, 195, 214, 225, 231, 248, 273–275, 291, 298, 311, 316, 345, 346, 354, 355, 357 – – qualifications, 56, 76, 99, 105, 126, 129, 190, 192, 214, 225, 248, 300, 309 – – re-eligibility, 99, 129, 214, 225, 231, 233, 247, 255, 274, 282, 309, 344, 354, 355 – – remuneration, 57, 76, 100, 101, 129, 130, 164, 180, 191, 214, 225, 226, 231, 248, 249, 256, 275, 283, 291, 309, 311, 345, 355 – – responsibility, 58, 77, 100, 129–131, 164, 226, 249, 273, 292, 304, 310, 334, 344 – – right of attendance in legislature, 345 – ministers, 56, 58, 59, 76, 77, 87, 88, 100, 101, 115, 126, 130, 131, 135, 147, 157, 164, 179, 192, 199, 200, 202, 227, 231, 233, 248–250, 255, 273, 274, 276, 277, 282, 283, 292, 300, 303, 304, 310, 317, 334, 345, 346, 354, 355 – official seat, 131, 137, 293, 298, 315, 322, 334 – plural executive, 100, 190 – powers, 128, 161, 214 – – adjourning legislature, 58, 77, 100, 118, 129, 162, 191, 215, 226, 248, 275, 309 – – appointing power, 57, 77, 131, 164, 215, 216, 225, 230, 231, 240, 248, 255, 276, 279, 304, 356 – – – vacancies, filling of, 46, 58, 71, 77, 98, 100, 101, 109, 124, 130, 131, 156, 162, 192, 214, 216, 231, 245,
I NDEX 247, 255, 259, 274, 286, 291, 300, 310, 332, 345, 355 – – budgetary powers, 344 – – convoking legislature, 58, 77, 100, 116, 129, 154, 162, 189, 215, 226, 245, 271, 275, 290, 291, 300, 309, 355 – – dissolving legislature, 215, 291 – – foreign affairs, control of – – – treaties, 57, 77 – – judicial powers, 215 – – legislative powers, 45, 71 – – – sanctioning of laws, 100, 101, 130, 156, 191, 294, 298, 300, 310 – – – veto power, 100, 101, 130, 156, 191, 290, 298, 300, 310, 311 – – military commanding power, 57, 76, 100, 129, 161, 164, 215, 225, 248, 275, 291, 300, 309, 344, 355 – – pardoning power, 100, 129, 162, 191, 214, 226, 248, 275, 291, 300, 304, 310, 344, 354 – – removal power, 103, 113, 114, 193, 210, 227, 231, 237, 240, 241, 253, 255, 277, 280, 282, 283, 314, 330 – – war and peacemaking, 23, 25 – presidential system, 214 – relation to other branches, 100, 129, 162, 226, 248, 275, 291, 310 feudal institutions and practices – entail, 358, 359 – privileges, 351 government, 52, 74 – federal - state relations, 20, 31, 37, 40, 52, 54, 59–61, 74, 75, 77, 78, 83, 215 – – admission into federation, 22, 31, 37, 41, 61, 78, 324 – – federal powers, 22, 23, 28, 37, 38, 52, 74 – – – executive, 95, 291 – – – judiciary, 25, 27, 59, 77, 85, 95, 292 – – – legislative, 52, 74, 95, 290, 311 – – supremacy of federal law, 25, 31, 39, 62 – finances, 53, 75, 170, 311, 318
– – budget, 105, 135, 158, 173, 224, 225 – – fiscal period, 105, 173, 225, 273 – – public debt, 30, 31, 51, 62, 73, 169, 273 – – revenue, ordinary and extraordinary, 24, 38, 53, 75, 135, 136, 192, 272, 318 – form of – – democracy, 304 – – republic, 61, 78, 244, 304 – subnational government, 136 – – municipal government, 160, 173, 216 – – – municipal officers, 139, 173, 195 – suits against the state, 146, 174 hereditary distinctions, outlawed, 95, 123, 188, 223, 245, 270, 308, 342, 352 infrastructure, 135 – postal system, 51, 74 – roads, 106, 135, 273, 320 judiciary, 58, 77, 103, 123, 131, 154, 188, 227, 237, 250, 277, 289, 298, 303, 304, 309 – attorney general, 104, 133, 139, 140, 147, 215, 217, 231, 241, 248, 255, 274, 282, 283, 286, 303–305, 315, 334, 344– 346 – council of censors, 359 – courts, 94, 103, 215, 230, 240, 241, 250, 252, 270, 298, 305 – – appellate court, 194, 216, 279 – – courts of equity, 103, 228–230, 237– 240, 251, 252, 254, 277–279, 281 – – inferior courts, 51, 58, 74, 77, 102, 117, 119, 131, 132, 139, 140, 165, 192, 215, 216, 222, 227–230, 236–239, 244, 250–254, 259, 270, 277–280, 282, 292, 303, 304, 313, 314, 330, 331, 333 – – local courts, 103, 119, 131, 133, 165– 167, 206, 216, 227, 237, 278, 313 – – supreme court, 58, 77, 102, 131, 132, 165, 167, 192, 210, 216, 227, 228, 236– 238, 250–253, 277–280, 292, 303–305, 313 – – – as appellate court, 59, 77, 102, 132, 165, 229, 237, 239, 254, 282, 313
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I NDEX – – – judges, 103, 104, 113, 117, 126, 130, 132, 139, 157, 165, 167, 168, 210, 215, 216, 227, 228, 231, 237–239, 251, 253, 255, 278, 279, 303, 305, 314–316, 330, 332, 344, 345 – – – – appointment, 102, 117, 119, 165, 166, 193, 206, 215, 286, 292, 313, 314, 331 – – – – chief justice, 131, 165, 215, 216, 227, 230, 240, 250, 252, 253, 278– 280, 286, 292, 303, 305 – – – – impeachment, 103, 113, 114, 126, 157, 193, 210, 227, 237, 314, 330 – – – – incompatibility with other offices, 237, 248, 253, 274, 336, 345, 346, 357 – – – – number, 131, 165, 206, 215, 227, 237, 250, 278, 292, 356 – – – – qualifications, 104, 126, 132, 210, 212, 238, 278, 314, 356 – – – – tenure, 58, 77, 102, 103, 113, 114, 132, 139, 165, 166, 206, 210, 215, 227, 237, 274, 280, 292, 298, 313, 315, 330, 334, 344, 356 – judges, 104, 113, 119, 126, 137, 139, 157, 166–168, 206, 228, 229, 231, 252, 253, 255, 266, 267, 278–280, 282, 314– 316, 330, 331 – – appointment or election, 117, 140, 278, 280, 286, 331 – – incompatibility with other offices, 248, 253, 273, 280, 336, 345, 346, 357 – – legally competent judges, 212 – jurisdiction, 21, 25, 59, 77, 103, 105, 122, 166, 167, 187, 192, 193, 228–230, 237–240, 250–253, 255, 278–282, 292, 305, 313, 357 – – appellate, 229, 230, 236, 238–240, 251, 252, 254, 278, 281 – – ordinary, 103, 122, 166, 314 – – original, 132, 228, 236, 238, 250 – – reciprocity of recognition of judgments, 21, 60, 78 – – restrictions upon, 230, 238, 255, 282, 313 – local judicial officers, 103, 104, 131–
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134, 137, 139, 165–167, 193, 206, 215, 227, 230, 231, 237, 240, 241, 253, 255, 259, 274, 280, 282, 283, 300, 303, 304, 313–315, 333, 334, 346, 354–357 – relation to other branches – – distinction from administrative bodies, 316 – remuneration, 58, 77, 103, 132, 133, 167, 215, 227, 237, 253, 280, 313, 315, 333, 345, 355 – trials, 59, 77, 133, 215 law, 59, 77, 151, 273, 305, 342, 343, 357 – civil law, 322 – codification of existing bodies of law, 232, 256, 283 – transitional provisions, 62, 95, 108, 109, 136, 195, 232, 233, 237, 241, 256–260, 283–287, 301, 303, 305, 309, 322, 323, 327, 338 – uniformity of, 151 legislature, 123, 154, 188, 213, 223, 245, 271, 289, 298, 303, 304, 309, 343, 352 – convocation of, 48, 72, 137, 211, 298 – joint sessions, 48, 72, 100, 116, 118, 154, 189, 213, 223, 245, 271, 290, 311, 338 – lower house, 45, 71, 96, 105, 115, 123, 213, 223, 245, 271, 290, 343 – – members, 21, 39, 45, 48, 71, 72, 97, 115, 116, 127, 159, 160, 189, 213, 223, 231, 245, 255, 271, 272, 274, 282, 291, 298, 299, 303–305, 313, 327, 343, 344, 351–353, 355 – – – appointment, 21, 38, 125, 189, 213, 357 – – – election, 45, 46, 48, 71, 72, 81, 96, 98, 115, 116, 118, 123, 125, 154, 155, 178, 189, 213, 223, 224, 226, 231, 233, 245, 246, 255, 258, 263, 264, 272, 282, 290, 293, 298, 299, 311, 327, 338, 342–344, 353, 357 – – – immunity, indemnity, 22, 49, 73, 98, 125, 156, 190, 224, 246, 272, 290, 305, 312 – – – incompatibility, 40, 105, 246, 273, 283, 298, 316, 317, 345, 346, 353
I NDEX – – – leader of lower house, 39, 98, 299, 300 – – – length of term, 21, 40, 96, 115, 118, 123, 154, 189, 223, 245, 258, 274, 290, 311, 327, 338, 343 – – – mandatory attendance, 48, 72, 98, 125, 155, 189, 224, 246, 272, 290, 298, 312 – – – plurality of offices, 21, 49, 73, 99, 131, 140, 157, 195, 216, 224, 246, 248, 272, 298, 316, 346, 357 – – – qualifications, 45, 48, 71, 72, 98, 124, 125, 154, 155, 213, 223, 224, 245, 246, 290, 299, 311, 343, 344, 352 – – – re-eligibility, 21, 214 – – – remuneration, 49, 73, 81, 98, 105, 109, 125, 158, 191, 224, 246, 272, 313, 355 – – – speaker, 46, 71, 98, 99, 101, 116, 125, 129, 130, 132, 137, 161, 189, 213, 214, 224–226, 233, 245, 246, 248, 271, 272, 275, 292, 309, 311– 313, 344, 345, 353 – – – vacancy, 245–247, 272, 312 – – powers, 30, 39, 60, 61, 78, 98, 101– 103, 105, 107, 124, 132, 139, 165, 173, 176, 180, 189, 214, 280, 290, 298, 299, 301, 305, 315, 316, 353 – – – adjournment, 30, 39, 48, 49, 72, 98, 125, 155, 156, 189, 215, 224, 246, 272, 290, 298, 313, 344, 347, 353 – – – appointing power, 24, 28, 39, 56, 57, 76, 77, 103, 193, 215, 216, 224, 300, 344 – – – appropriation of funds, 44, 170, 358 – – – budgetary power, 28, 39, 44, 49, 51, 53, 73, 75, 98, 214, 272 – – – bylaws, 98, 125, 155, 189, 224, 246, 272, 299 – – – impeachment, 46, 71, 98, 103, 104, 126, 157, 194, 213, 217, 226, 227, 250, 277, 299, 305, 312, 317, 355 – – – judiciary functions, 39, 48, 72, 95, 98, 103, 125, 139, 165, 189, 190, 215, 222, 246, 272, 299, 312, 358
– – – legislation – – – – legislative initiative, 49, 73, 94, 98, 105, 125, 156, 196, 200, 211, 214, 222, 224, 244, 270, 272, 299, 305, 313, 344, 351, 353 – – – – passage of bills, 30, 40, 50, 73, 130, 273, 310, 313, 353 – – – – – majorities, 273, 305 – – – – promulgation, 135, 353 – – – – publication of laws, 158, 167, 175, 196, 291, 305 – – – – reading of bills, 98, 125, 130, 273, 313, 344 – – – – restrictions – – – – – bills of attainder, 53, 54, 74, 75, 95, 122, 151, 195, 222, 244, 270, 294 – – – – – ex post facto laws, 54, 75 – – – – sanctioning of laws, 98, 125, 156, 158, 211, 214, 270, 279, 294 – – – – taking effect of law, 125, 130, 156, 158, 191, 273, 291, 298, 305, 313, 344, 353 – – – – tax, revenue legislation, 31, 39, 51, 73, 160, 224, 246, 247 – – – ratification of treaties, 22, 37, 39 – – – war and peace-making, 23–25, 30, 38, 39, 51, 54, 74, 75 – – procedures, 125, 155, 299, 312 – – – budget report, 53, 75, 105, 116, 135, 158, 192, 225, 247, 272, 358 – – – committees, 28, 40 – – – duration of session, 271, 338 – – – election of officers, 116, 126, 155, 217, 218, 224, 246, 247, 271, 290, 293, 300, 312, 344, 353 – – – first/constitutive session, 21, 38, 99, 106, 118, 124, 154, 189, 197, 218, 233, 245, 257, 271, 290, 311, 344 – – – journal, 50, 73, 100, 103, 105, 113, 114, 130, 160, 190, 191, 214, 246, 280, 310, 312, 314, 330, 353 – – – – publication of, 30, 40, 48, 72, 98, 125, 155, 171, 224, 272, 347 – – – parliamentary officers, 46, 71, 105, 290
365
I NDEX – – – quorum, 48, 55, 56, 72, 76, 87, 88, 98, 125, 155, 189, 224, 246, 272, 290, 298, 312, 347 – – – resolutions, 98 – – – sessions open to public, 98, 125, 156, 190, 224, 246, 272, 312, 353 – – – votes, 22, 39 – official seat, 38, 99, 118, 172, 189 – powers, 168, 188, 213, 222, 309 – relation to other branches, 298 – structure – – bicameral, 45, 71, 96, 123, 154, 188, 213, 223, 245, 290, 311, 343 – – unicameral, 352 – upper house, 45, 71, 96, 105, 123, 197, 213, 223, 245, 271, 290, 343 – – members, 21, 39, 46–48, 71, 72, 97, 98, 115, 116, 118, 119, 127, 155, 159, 160, 197, 213, 223, 231, 245, 255, 271, 272, 282, 290, 291, 318, 327, 343, 344, 351 – – – appointment, 21, 38, 125, 189, 213 – – – election, 46–48, 71, 72, 81, 97, 98, 115, 116, 118, 119, 124, 125, 127, 155, 163, 178, 189, 213, 223, 224, 226, 233, 245, 246, 258, 263, 264, 271, 272, 285, 290, 292, 293, 312, 327, 338, 342–344 – – – immunity, indemnity, 22, 49, 73, 98, 125, 156, 190, 224, 246, 272, 290, 305, 312 – – – incompatibility, 40, 105, 246, 273, 283, 298, 316, 317, 345, 346 – – – leader of upper house, 39, 47, 50, 72, 73, 98, 101, 116, 118, 125, 130, 132, 137, 157, 163, 164, 178, 180, 189, 191, 192, 233, 291, 292, 311–313 – – – length of term, 21, 40, 46, 71, 97, 115, 119, 124, 155, 213, 223, 258, 271, 274, 290, 291, 312, 327, 338, 343 – – – mandatory attendance, 48, 72, 98, 125, 155, 189, 224, 246, 272, 290, 312 – – – parliamentary officers, 290 – – – plurality of offices, 21, 49, 73, 99,
366
125, 131, 140, 157, 195, 216, 224, 246, 248, 272, 298, 316, 346, 357 – – – qualifications, 47, 48, 50, 72, 73, 97, 98, 124, 125, 154, 155, 191, 213, 223, 224, 245, 246, 290, 327, 338, 343, 344 – – – re-eligibility, 21, 214 – – – remuneration, 49, 73, 81, 98, 105, 109, 125, 158, 180, 191, 224, 246, 272, 313 – – – speaker, 98, 213, 214, 224–226, 245– 248, 271, 272, 275, 344, 345 – – – vacancy, 47, 71, 233, 245–247, 272, 312 – – powers, 30, 39, 60, 61, 78, 98, 101– 103, 105, 107, 132, 139, 165, 173, 176, 180, 189, 213, 214, 216, 280, 290, 315, 316 – – – adjournment, 30, 39, 48, 49, 72, 98, 125, 155, 156, 189, 215, 224, 246, 272, 290, 312, 313, 344, 347 – – – appointing power, 24, 28, 39, 56, 57, 76, 77, 103, 193, 216, 224, 344 – – – – confirmation of appointments, 164 – – – appropriation of funds, 44, 170, 358 – – – budgetary power, 28, 39, 44, 51, 53, 73, 75, 214 – – – bylaws, 98, 125, 155, 189, 224, 246, 272 – – – impeachment, 98, 101, 103, 126, 157, 163, 192, 194, 213, 217, 226, 227, 250, 277, 311, 312, 317 – – – judiciary functions, 39, 48, 72, 95, 98, 103, 125, 139, 189, 190, 215, 222, 246, 272 – – – – right of prosecution, 312 – – – legislation – – – – legislative initiative, 94, 98, 105, 125, 156, 200, 211, 214, 222, 244, 270, 313, 344, 351 – – – – passage of bills, 30, 40, 49, 50, 73, 82, 130, 273, 313 – – – – – majorities, 50, 73, 273 – – – – promulgation, 135 – – – – publication of laws, 158, 167, 175, 291
I NDEX – – – – reading of bills, 98, 125, 130, 273, 313, 344 – – – – restrictions – – – – – bills of attainder, 53, 54, 74, 75, 95, 122, 151, 195, 222, 244, 270, 294 – – – – – ex post facto laws, 54, 75 – – – – sanctioning of laws, 50, 73, 98, 125, 156, 158, 211, 214, 224, 270, 279, 294 – – – – taking effect of laws, 50, 73, 125, 130, 156, 158, 191, 273, 291, 313, 344 – – – – tax or revenue legislation, 31, 39, 51, 73, 160, 246 – – – ratification of treaties, 39 – – – war and peace making, 23–25, 38, 39, 51, 54, 74, 75, 215 – – procedures, 125, 155, 312 – – – committees, 28, 40, 225 – – – duration of session, 271, 338 – – – election of officers, 47, 72, 116, 126, 155, 224, 246, 247, 271, 290, 293, 312, 344 – – – first/constitutive session, 21, 38, 99, 106, 118, 124, 154, 189, 197, 233, 245, 257, 271, 290, 344 – – – journal, 50, 73, 100, 103, 105, 113, 114, 130, 160, 190, 191, 214, 246, 280, 310, 312, 314, 330 – – – – publication of, 30, 40, 48, 72, 98, 125, 155, 171, 224, 272, 347 – – – quorum, 31, 48, 72, 98, 125, 155, 189, 224, 246, 272, 279, 290, 312, 347 – – – resolutions, 98 – – – sessions open to public, 98, 125, 156, 190, 224, 246, 272, 312 – – – votes, 22, 39 lotteries, 135, 158, 265 military, 38–40, 44, 52, 54, 74, 75, 214, 216, 224, 244, 291, 304, 309 – conscription, 28, 354 – members, 126, 299, 300, 344
– – special regulations for, 82, 94, 96, 123, 150, 188, 203, 222, 246, 249, 270, 276, 293, 298, 315, 329, 345 – navy, 28, 52, 74, 216, 291, 309 – organization of, 24, 30, 38, 52, 74 – quartering of troops, 81, 95, 123, 151, 188, 212, 222, 244, 270, 308 – standing army, 95, 151, 212, 222, 244, 270, 295, 308, 342, 352 – subordination to civil authorities, 95, 123, 151, 188, 212, 222, 244, 270, 295, 303, 308, 342, 352 – supreme command, 28, 57, 76, 100, 129, 215 militia, 23, 38, 52, 74, 81, 102, 129, 131, 151, 153, 157, 161, 168, 191, 193, 203, 212, 215, 218, 222, 224, 244, 270, 275, 291, 293, 300, 309, 315, 317, 344, 346, 357 nobility – abolition of titles of, 22, 37, 53, 54, 75, 90 oaths, 25, 47, 62, 72, 79, 82, 94, 104, 126, 157, 187, 193, 194, 203–205, 212, 217, 221, 225, 227, 232, 243, 247, 250, 256, 269, 276, 277, 290, 298–300, 304, 307, 317, 353 – loyalty oaths, 344, 357 – of office, 41, 57, 76, 104, 110, 126, 137, 172, 195, 217, 292, 316, 322, 344 police power, domestic security, 101, 211, 216, 341, 351 population groups – foreigners, 52, 53, 74, 152, 346, 357 – minorities, 152 – – African-Americans, 322 – – ethnic groups, 322 – – indigents, 28, 347, 358 – multiethnic states – – rights and privileges of ethnic groups/nations, 38 rights, 37, 60, 78, 83, 96, 152, 244, 347
367
I NDEX – abolition or alteration of government, popular right of, 93, 121, 149, 187, 211, 269, 294, 307, 341 – assembly, freedom of, 81, 95, 123, 151, 188, 222, 244, 308, 342, 352 – bearing or keeping of arms, 81, 95, 102, 123, 188, 295, 308, 342, 352 – contract, freedom of, 308 – emigration, right of, 20, 95 – equality, 93, 121, 126, 152, 187, 211, 294, 307, 341 – ex post facto laws, illegality of, 53, 74, 95, 123, 151, 212, 294, 308, 343, 352 – expression, freedom of, 94, 151, 187, 294, 307 – habeas corpus, 53, 74, 94, 102, 122, 132, 150, 165, 188, 222, 228, 238, 244, 270, 294, 301, 308, 313, 359 – inalienability of rights, 93, 121–123, 149, 151, 187, 211, 294, 295, 307–309, 358 – innocent, rights of, 256, 283 – inviolability of the home, 82, 94, 122, 152, 187, 212, 221, 243, 269, 294, 307, 342, 351 – legal rights, 48, 72, 83, 114, 187, 227, 244, 269, 308 – – bail, 83, 94, 122, 150, 188, 212, 222, 244, 270, 294, 308, 342, 346, 351 – – compulsory process (for exculpatory evidence), 82, 94, 122, 187, 212, 221, 243, 269, 308 – – confrontation with witnesses for the prosecution, 82, 94, 122, 187, 212, 221, 243, 269, 308, 342, 351 – – counsel, 82, 94, 122, 126, 150, 187, 212, 221, 222, 243, 269, 294, 308 – – double jeopardy, 82, 94, 98, 122, 150, 222, 244, 270, 308 – – due process, 82, 94, 95, 188, 221, 222, 308, 351 – – indictment and information, 82, 94, 103, 122, 150, 187, 195, 212, 221, 243, 269, 308, 342, 351 – – non-self-incrimination, 82, 94, 122, 150, 188, 212, 221, 243, 269, 308, 342, 351
368
– – to be heard, 94, 103, 122, 150, 187, 221, 243, 269, 294, 308, 330 – – trial by jury, 59, 77, 82, 83, 94, 95, 108, 122, 126, 149, 187, 188, 195, 212, 221, 222, 243, 244, 250, 269, 270, 277, 294, 299, 301, 305, 307, 308, 317, 342, 351 – liberty and security of person, 82, 94, 121, 122, 149, 150, 152, 187, 188, 211, 221, 243, 269, 294, 305, 307, 308, 342, 351 – life, right to, 94, 108, 121, 122, 149, 150, 188, 211, 221, 243, 269, 294, 307, 308, 342, 351 – matrimony, 105, 125, 158, 174, 273, 322, 358 – movement, freedom of, 20 – occupation, freedom of, 187 – personal freedom, 22, 82, 94, 122, 149, 188, 211, 212, 243, 294, 342, 351 – petition, right of, 81, 95, 151, 188, 211, 222, 244, 270, 294, 308, 342, 352, 356 – popular sovereignty, 93, 121, 123, 149, 163, 187, 211, 221, 243, 269, 289, 307, 341, 351 – press, freedom of the, 81, 94, 105, 122, 151, 187, 212, 221, 243, 269, 294, 301, 305, 307, 342, 351, 358 – privacy of mail, 294 – property rights, 20, 95, 174, 228, 229, 238, 239, 253, 254, 281, 351, 358, 359 – – expropriation, 82, 94, 150, 174, 188, 211, 222, 244, 270, 295, 308 – – freedom of ownership, 82, 94, 121, 122, 149, 150, 152, 187, 188, 211, 212, 221, 243, 269, 294, 305, 307, 308, 342, 351 – religion, freedom of, 62, 79, 81, 93, 94, 121, 135, 149, 194, 211, 218, 221, 232, 243, 256, 269, 294, 305, 307, 342, 346, 352, 353, 356 – self-defense, right of, 95, 149, 188, 221, 243, 269, 294, 307 – separation of powers, 95, 123, 154, 188, 298, 303, 309, 341, 351 – speech, freedom of, 22, 81, 94, 122, 151, 187, 294, 307
I NDEX – trade, freedom of, 20 slavery, 107, 108, 125, 126, 134, 152, 217, 318, 322 sovereign rights of the state, 28, 51, 52, 73, 74 – hunting privileges, 358 – right of coinage, 28, 30, 39, 51, 54, 74, 75 state and administrative apparatus – administration – – waters, 51, 74 state independence, 20, 37, 93, 289 state insignias, 100, 129, 163, 191, 192, 214, 216, 248, 274, 291, 292, 300, 310, 344, 354, 355 state structure – confederation, 20, 22, 31, 32, 37, 41, 54, 75 – federal state, 93, 231, 255, 282, 357 state territory, 61, 78, 106, 126, 135, 142– 145, 148, 213, 289, 298
– race, ethnicity, 96, 109, 123, 152, 193, 203, 204, 226, 249, 276, 293, 298, 315, 329 – residence, 96, 109, 123, 135, 152, 153, 175, 193, 203–205, 226, 249, 276, 293, 298, 315, 329, 343, 353 war, state of, 82, 153, 164, 222, 244, 270
taxes, 37, 53, 74, 203, 226, 249, 343 – tax equity, 135, 174, 318 – tax expenditures, 53, 75, 318 – taxation, 24, 38, 46, 71, 105, 135, 136, 174, 299, 318, 342, 352, 358 territorial organization, 97, 102, 105, 320 – boundaries, 93, 106, 121, 175 treason, 21, 22, 58, 60, 77, 78, 104, 129, 135, 152, 153, 162, 188, 195, 224, 227, 250, 277, 294, 322 voting rights, 153, 175, 177, 193, 208, 211, 213, 227, 248, 249, 273, 276, 307, 354 – age, 96, 109, 123, 152, 193, 203–205, 226, 249, 276, 293, 298, 315, 329, 343 – citizenship, 96, 109, 123, 152, 193, 203, 204, 315, 329, 353 – disqualifying attributes, 105, 124, 153, 172, 193, 249, 276, 316 – gender, 96, 109, 123, 152, 193, 203–205, 226, 249, 276, 293, 298, 329, 343, 353 – property, 193, 203, 307, 343
369
