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the Gorernment of the Province of Pennsylvania, and Territories thereunto belonging, in America, may appear; which Charter or Frame being found, in some Parts of it, not so suitable to the present Circumstances of the Inhabitants, was in the Third Month, in the Year One Thousand Seren llundred, delivered up to me, by Sir Parts of Seren of the Freemen of this Province and Territories, in General Assembly met, Provision being made in the said Charter, for that End and Purpose.
AND WHEREAS I was then pleased to promise, That I would restore the said Charter to them again, with necessary Alterations, or in lieu thereof, give them another, better adapted to answer the present Circumstances and Conditions of the said Inhabitants; which they have now, by their Representatives in General Assembly met at Philadelphia, requested me to grant.
KNOW YE THEREFORE, That for the further Well-being and good Government of the said Province, and Territories; and in Pursuance of the Rights and Powers before-mentioned, I the said William Penn do declare, grant and confirm, unto all the Freemen, Planters and Adventurers, and other Inhabitants in this Province and Territories, these following Liberties, Franchises and Privileges, so far as in me lieth, to be held, enjoyed and kept, by the Freemen, Planters and Adventurers, and other Inhabitants of and in the said Province and Territories thereunto annexed, for ever.
BECAUSE no People can be truly happy, though under the greatest Enjoyment of Civil Liberties, if abridged of the Freedom of their Consciences, as to their Religious Profession and Worship: And Almighty God being the only Lord of Conscience, Father of Lights and Spirits; and the Author as well as Object of all divine Knowledge, Faith and Worship, who only doth enlighten the Minds, and persuade and convince the Understandings of People, I do hereby grant and declare, That no Person or Persons, inhabiting in this Province or Territories, who shall confess and acknowledge One almighty God, the Creator, Upholder and Ruler of the World; and professes him or themselves obliged to live quietly under the Civil Government, shall be in any Case molested or prejudiced, in his or their Person or Estate, because of his or their consciencious Persuasion or Practice, nor be compelled to frequent or maintain any religious Worship, Place or Ministry, contrary to his or their Mind, or to do or suffer any other Act or Thing, contrary to their religious Persuasion.
And that all Persons who also profess to believe in Jesus Christ, the Saviour of the World, shall be capable (notwithstanding their other Persuasions and Practices in Point of Conscience and Religion) to serve this Government in any Capacity, both legislatively and executively, he or they solemnly promising, when law fully required, Allegiance to the King as Sovereign, and Fidelity to the Proprietary and Governor, and taking the Attests as now established by the Law made at Vercastle, in the Year One Thousand and Seren Ilumdred, entituled, in lrt directing the Attests of sereral Officers and Ministers, as now amended and confirmed this present Assembly.
For the well governing of this Province and Territories, there shall be an Assembly yearly chosen, by the Freemen thereof, to consist of Four Persons out of each County, of most Note for Virtue, Wisdom and Ability, (or of a greater Number at any Time, as the Governor and Assembly shall agree) upon the First Day of October for ever; and shall sit on the Fourteenth Day of the same Month, at Philadelphia, unless the Governor and Council for the Time being, shall see Cause to appoint another Place within the said Province or Territories: Which Assembly shall have Power to chuse a Speaker and other their Officers; and shall be Judges of the Qualifications and Elections of their own Members; sit upon their own Adjournments; appoint Committees; prepare Bills in order to pass into Lays; impeach Criminals, and redress Grievances; and shall have all othor Powers and Privileges of an Assembly, according to the Rights of the free-born Subjects of England, and as is usual in any of the King's Plantations in America.
And if any County or Counties, shall refuse or neglect to chuse their respective Representatives as aforesaid, or if chosen, do not meet to serve in Assembly, those who are so chosen and met, shall have the full Power of an Assembly, in as ample Manner as if all the Representatives had been chosen and met, provided they are not less than Tuo Thirds of the whole Number that ought to meet.
And that the Qualifications of Electors and Elected, and all other Matters and Things relating to elections of Representatives to serve in Assemblies, though not herein particularly expressed, shall be and remain as by a Law of this Government, made at Newcastle, in the Year One Thousand Seren Hundred, entituled, An lot to ascertain the Number of Members of Assembly, and to regulate the Elections.
That the Freemen in each respective County, at the Time and Place of Meeting for electing their Representatives to serve in Assembly, may as often as there shall be Occasion, chuse a double Number of Persons to present to the Governor for Sheriff's and Coroners, to serve for Three Years, if so long they behave themselves well; out of which respective Elections and Presentments, the Governor shall nominate and commissionate one for each of the said Offices, the Third Day after such Presentment, or else the First named in such Presentment, for each Office as aforesaid, shall stand and serve in that Oflice for the Time before respectively limited; and in case of Death or Default, such Vacancies shall be supplied by the Governor, to serve to the End of the said Term. PROVIDED ALWAYS, That if the said Freemen shall at
neglect or decline to chuse a Person or Persons for either or both the a foresaid Offices, then, and in such Case, the Persons that are or shall be in the respective Offices of Sheriff's or Coroners, at the Time of Election, shall remain therein, until they shall be removed by another Election as a foresaid.
And that the Justices of the respective Counties shall or may nominate and present to the Governor Three Persons, to serve for
Clerk of the Peace for the said County, when there is a Vacancy, one of which the Governor shall commissionate within Ten Days after such Presentment, or else the First nominated shall serve in the said Office during good Behaviour.
That the Laws of this Government shall be in this Stile, viz. By the Governor, with the consent and Ipprobation of the Freemen in General 1 ssembly met; and shall be, after Confirmation by the Governor, forth with recorded in the Rolls Office, and kept at Philadelphia, unless the Governor and Assembly shall agree to appoint another Place.
That all Criminals shall have the same Privileges of Witnesses and Council as their Prosecutors.
That no Person or Persons shall or may, at any Time hereafter, be obliged to answer any Complaint, Matter or Thing whatsoever, relating to Property, before the Governor and Council
, or in any other Place, but in ordinary Course of Justice, unless Appeals thereunto shall be hereafter by Law appointed.
THAT no Person within this Government, shall be licensed by the Governor to keep an Ordinary, Tavern, or House of publick Entertainment, but such who are first recommended to him, under the Hands of the Justices of the respective Counties, signed in open Court; which Justices are and shall be hereby impowered, to suppress and forbid any Person, keeping such Publiek-House as aforesaid, ipon their Misbehaviour, on such Penalties as the Law doth or hall (lirect; and to recommend others, from time to time, as they shall see Occasion.
If any Person, through Temptation or Melancholy, shall destroy himself, his Estate, real and personal, shall notwithstanding descend to his Wife and Children, or Relations, as if he had died a natural Death; and if any person shall be destroyed or killed by Casualty or Accident, there shall be no Forfeiture to the Governor by Reason thereof.
And no Act, Law or Ordinance whatsoever, shall at any Time hereafter, be made or done, to alter, change or diminish the form or Effect of this Charter, or of any Part or Clause therein, contrary to the true Intent and Meaning thereof, without the Consent of the Governor for the Time being, and Sir Parts of Seren of the Assembly met.
But, because the IIappiness of Mankind depends so much upon the
Enjoying of Liberty of their Consciences, as aforesaid, I do hereby solemnly declare, promise and grant, for me, my Heirs and Assigns, That the First Article of this Charter relating to Liberty of Conscience, and every Part and Clause therein, according to the true Intent and Meaning thereof, shall be kept and remain, without any Alteration, inviolably for ever.
AND LASTLY, I the said William Penn, Proprietary and Governor of the Province of Pennsylvania, and Territories thereunto belonging, for myself, my Heirs and Assigns, have solemnly declared, granted and confirmed, and do hereby solemnly declare, grant and confirm, That neither 1, my Heirs or Assigns, shall procure or do any Thing or Things whereby the Liberties in this Charter contained and expressed, nor any Part thereof, shall be infringed or broken: And if any thing shall be procured or done, by any Person or Persons, contrary to these Presents, it shall be held of no Force or Effect.
IN WITNESS whereof, I the said William Penn, at Philadelphia in Pennsylvania, have into this present Charter of Liberties, set my Hand and broad Seal, this Tuenty-Eighth Day of October, in the Year of Our Lord One Thousand Seven Ilundred and One, being the Thirteenth Year of the Reign of King WILLIAM the Third, over England, Scotland, France, and Ireland, &c., and the Twenty-First Year of my Government.
. AND NOTWITHSTANDING the Closure and Test of this present Charter as a foresaid, I think fit to add this following Proviso thereunto, as Part of the same, That is to say, That not withstanding any Clause or Clauses in the above-mentioned Charter, obliging the Province and Territories to join together in Legislation, I am content, and do hereby declare, that if the Representatives of the Province and Territories shall not hereafter agree to join together in Legislation, and that the same shall be signified unto me, or my Deputy, in open Assembly, or otherwise, from under the lands and Seals of the Representatives, for the Time being, of the Province and Territories, or the major part of either of them, at any Time within Three Years from the Date hereof, that in such case, the Inhabitants of each of the Three Counties of this Province, shall not have less than Eight Persons to represent them in Assembly, for the Province; and the Inhabitants of the Town of Philadelphia (when the said Town is incorporated) Tro Persons to represent them in Assembly; and the Inhabitants of each County in the Territories, shall have as many Persons to represent them in a distinct Assembly for the Territories, as shall be by them requested as a foresaid.
NOTWITHSTANDING which Separation of the Province and Territo-. ries, in Respect of Legislation, I do hereby promise, grant and declare, That the Inhabitants of both Province and Territories, shall separately enjoy all other Liberties, Privileges and Benefits, granted jointly to them in this Charter, any Law, Usage or Custom of this Government, heretofore made and practised, or any Law made and passed by this General Assembly, to the Contrary hereof, not withstanding
This Charter of Privileges being distinctly read in Assembly, and the whole and every part thereof being approved and agreed to, by us, we do thankfully receive the same from our Proprietary and Governor, at Philadelphia, this Twenty-Eighth Day of October, One Thousand Seven Hundred and One. Signed on Behalf, and by Order of the Assembly,
per JOSEPH GROWDON, Speaker. EDWARD SHIPPEN
Proprietary and Gowrnor's (Council.
CONSTITUTION OF DELAWARE-1776 * a
The Constitution, or System of Government, agreed to and resolved upon by the Representatives in full Convention of the Delaware State, formerly styled “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 Purpose.
ARTICLE 1. The government of the counties of New Castle, Kent and Sussex, upon Delaware, shall hereafter in all public and other writings be called The Delaware State.
ART. 2. The Legislature shall be formed of two distinct branches; they shall meet once or oftener in every year, and shall be called, “The General Assembly of Delaware.
ART. 3. One of the branches of the Legislature shall be called, “ The Ilouse of Assembly," and shall consist of seven Representatives to be chosen for each county annually of such persons as are freeholders of the same.
ART. 4. The other branch shall be called “The council," 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 councillor 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 a foresaid. At the end of two years after the first general election, the councillor 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 councillor who had the greatest number of votes in each county shall be displaced, and the vacancies thereby occasioned supplied by a new elee
* Verified from “The Constitutions of the Sereral Independent States of America, Published by order of Congress, Boston : Printed by Norman and Bowen, 1781.".
a This constitution was framed by a Convention which assembled at New Castle, August 27, 1776, in accordance with the recommendation of the Conti nental Congress that the people of the Colonies should form independent State Governments. It was not submitted to the people but was proclaimed September 21, 1776.