1 8 CONSTITUTION OF PENNSYLVANIA. Sect. 46. The declaration of rights is hereby declared to be Sect. 47. In order that the freedom of this commonwealth may be preferyed inviolate for ever, there fhall be chofen by ballot by the freemen in each city and county respectively, on the fecond Tuesday in October, in the year one thousand feven hundred and eighty three, and on the fecond Tuesday in October in every feventh year thereafter, two perfons in each city and county of this ftate, to be called, The Council of Cenfors who fhall meet together on the fecond Monday of November, next enfuing their election; the majority of whom shall be a quorum in every cafe, except as to calling a convention, in which two thirds of the whole number elected fhall agree; and whofe duty it fhall be to enquire whether the conftitution has been preferved inviolate in every part? And whether the legisla tive and executive branches of government have performed their duty as guardians of the people, or affumed to themfelves or exercifed other or greater powers than they are entitled to by the constitution: They are alfo to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been difpofed of, and whether the laws have been duly executed. For thefe purposes they fhall have power to fend for perfons, papers, and records; they fhall have authority to pass public cenfures, to order impeachments, and to recommend to the legiflature the repealing fuch laws as appear to them to have been enacted contrary to the principles of the constitution : These powers they fhall continue to have, for and during the fpace of one year from the day of their election, and no longer : The faid council of cenfors fhall alfo have power to call a convention, to meet within two years after their fitting, if there appear to them an abfolute neceffity of amending any article of the conftitution which may be defective, explaining fuch as may be thought not clearly expreffed, and of adding fuch as are neceffary for the prefervation of the rights and happiness of the people: But the articles to be amended, and the amendments propofed, and fuch articles as are propofed to be added or abolished, fhall be promulgated at leaft fix months before the day appointed for the election of fuch convention, for the previous confideration of the people, that they may have an opportunity of inftructing their delegates on the fubject. DELAWARE. A DECLARATION of RIGHTS and Fundamental Rules of the Delaware State, formerly filed, The Government of the Counties of Newcastle, Kent, and Suffex, upon Delaware. I. TH HAT all government of right originates from the people, is founded in compact only, and inftituted folely for the good of the whole. 2. That all men have a natural and unalienable right to worfhip Almighty God according to the dictates of their own confciences and understandings; and that no man ought, or of right can be compelled to attend any religious worship, or maintain any miniftry, contrary to or against his own free will and confent, and that no authority can or ought to be vested in, or affumed by any power whatever, that fhall in any cafe interfere with, or in any manner controul the right of conscience, in the free exercife of religious worship. 3. That all perfons profeffing the chriftian religion, ought for ever to enjoy equal rights and privileges in this ftate, unless under colour of religion any man difturb the peace, the happiness, or fafety of fociety. 4. That the people of this ftate have the fole, exclufive, and inherent right of governing and regulating the internal police of the fame. 5. That perfons intrufted with the legislative and executive powers are the trustees and fervants of the public, and as fuch accountable for their conduct; wherefore, whenever the ends of government are perverted, and public liberty manifefly endangered by the legislative fingly, or a treacherous combination of both, the people may, and of right ought to establish a new, or reform the old government. 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 fufficient evidence of a permanent common intereft with, and attachment to the community, hath a right of fuffrage. 7. That no power of fufpending laws, or the execution of laws, ought to be exercifed unlefs by the legislature. 8. That for redrefs of grievances, and for amending and ftrengthening of the laws, the legiflature ought to be frequently convened. 9. That every man hath a right to petition the legiflature for the redrefs of grievances, in a peaceable and orderly manner. N 10. Tha 10. That every member of fociety 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 perfonal fervice when neceffary, or an equivalent thereto; but no part of a man's property can be justly taken from him, or applied to public ufes without his own confent, or that of his legal reprefentatives: Nor can any man that is confcientiously fcrupulous of bearing arms in any cafe, be juftly compelled thereto, if he will pay fuch equivalent. 11. That retrofpective laws punishing offences committed before the existence of fuch laws, are oppreffive and unjuft, and ought not to be made. 12. That every freeman, for every injury done him in his goods, lands, or perfon, by any other perfon, 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 fale, fully without any denial, and speedily without delay, according to the law of the land. 13. That trial by jury of facts where they arife, is one of the greateft fecurities of the lives, liberties, and estates of the people. 14. That in all profecutions for criminal offences, every man hath a right to be informed of the accufation against him, to be allowed counfel, to be confronted with the accufers or witneffes, to examine evidence on oath in his favour, and to a speedy trial, by an impartial jury, without whofe unanimous confent 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 exceffive bail ought not to be required, nor exceffive fines impofed, nor cruel or unufual punishments inflicted. 17. That all warrants without oath to fearch fufpected places, or to feize any perfon or his property, are grievous and oppreffive; and all general warrants to fearch fufpected places, or to apprehend all perfons fufpected, without naming or defcribing the place or any perfon in fpecial, are illegal, and ought not to be granted. 18. That a well regulated militia is the proper, natural, and fafe defence of a free government. 19. That ftanding armies are dangerous to liberty, and ought not to be raised or kept up without the confent of the legiflature. 20. That in all cafes and at all times the military ought to be under ftrict fubordination to, and governed by the civil power. 21. That no foldier ought to be quartered in any house in time of peace, without the consent of the owner; and in time of war in fuch manner only as the legislature shall direct. 22. That the independency and uprightnefs of judges are effential to the impartial adminiftration of juftice, and a great fecurity to the rights and liberties of the people. 23. That the liberty of the prefs ought to be inviolably preferved. The The CONSTITUTION, or Syftem of Government, agreed to and refolved upon by the Reprefentatives in full CONVENTION of the Delaware State, formerly filed, The Government of the Counties of Newcastle, Kent, and Suffex, upon Delaware; the faid Reprefentatives being chofen by the Freemen of the faid State for that express Purpose. 1. HE government of the counties of Newcastle, Kent and Suffex, upon Delaware, fhall hereafter in all public and other writings be called, The Delaware State. 2. The legiflature fhall be formed of two diftinct branches: They fhall meet once or oftener in every year, and shall be called, The General Affembly of Delaware. 3. One of the branches of the legislature fhall be called, The Houfe of Affembly, and shall confist of seven representatives to be chofen for each county annually, of fuch perfons as are freeholders of the fame. 4. The other branch fhall be called, The Council, and confift of nine members; three to be chofen for each county at the time of the first election of the affembly, who fhail be freeholders of the county for which they are chofen, and be upwards of twentyfive 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 fhall be difplaced, and the vacancies thereby occafioned fupplied by the freemen of each county choofing the fame or another perfon at a new election in manner aforefaid. At the end of two years after the first general election, the councillor who ftood fecond in number of votes in each county fhall be difplaced, and the vacancies thereby occafioned fupplied by a new election in manner aforefaid. And at the end of three years from the firft general election, the councillor who had the greatest number of votes in each county fhall be difplaced, and the vacancies thereby occafioned fupplied by a new election in manner aforefaid. And this rotation of a councillor being difplaced at the end of three years in each county, and his office fupplied by a new choice, fhall be continued afterwards in due order annually for ever, whereby, after the first general election, a councillor will remain in truft for three years from the time of his being elected, and a councillor will be difplaced, and the fame or another chofen in each county at every election. 5. The right of fuffrage in the election of members for both houses fhall remain as exercised by law at prefent; and each house fhall choose its own fpeaker, appoint its own officers, judge of the qualifications and elections of its own members, fettle its own N 2 rules rules of proceeding, and direct writs of election for fupplying intermediate vacancies. They may alfo feverally expel any of their own members for misbehaviour, but not a fecond time in the fame feffions for the fame offence, if re-elected; and they fhall have all other powers neceffary for the legislature of a free and independent state. 6. All money-bills for the fupport of government fhall originate in the house of affembly, and may be altered, amended or rejected by the legislative council. All other bills and ordinances may take rife in the houfe of affembly or legiflative council, and may be altered, amended or rejected by either. 7. A prefident or chief magiftrate fhall be chofen by joint ballot of both houfes, to be taken in the house of affembly, and the box examined by the fpeakers of each houfe in the prefence of the other members; and in cafe the numbers for the two highest in votes fhould be equal, then the fpeaker of the council fhall have an additional cafting voice, and the appointment of the person who has the majority of votes fhall be entered at large on the minutes and journals of each houfe, and a copy thereof on parchment, certified and figned by the fpeakers refpectively, and sealed with the great feal of the ftate, which they are hereby authorised to affix, fhall be delivered to the perfon fo chofen prefident, who fhall continue in that office three years, and until the fitting of the next general affembly and no longer, nor be eligible until the expiration of three years after he fhall have been out of that office. An adequate but moderate falary fhall be fettled on him during his continuance in office. He may draw for such sums of money as fhall be appropriated by the general affembly, and be accountable to them for the fame; 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 the recefs of the general affembly; he fhall have the power of granting. pardons or reprieves, except where the profecution fhall be carried on by the house of affembly, or the law fhall otherwife direct, in which cafes no pardon or reprieve fhall be granted, but by a refolve of the houfe of affembly; and may exercise all the other executive powers of government, limited and reftrained as by this conftitution is mentioned, and according to the laws of the state. And on his death, inability, or abfence from the ftate, the speaker of the legislative council for the time being fhall be vice-prefident; and in cafe of his death, inability, or abfence from the state, the fpeaker of the houfe of affembly fhall have the powers of a prefident, until a new nomination is made by the general affembly. 8. A privy-council confifting of four members fhall be chofen by ballot, two by the legiflative council, and two by the houfe of affembly: Provided, that no regular officer of the army or navy in the fervice and pay of the continent, or of this, or of any other ftate |