Imágenes de páginas
PDF
EPUB

and repafs with freedom into and through the reft of the En glish colonies, upon their lawful and civil occafions, and to converfe, and hold commerce, and trade with fuch of the inhabitants of our other English colonies, as fhall be willing to admit them thereunto, they behaving themfelves peaceably among them; any act, claufe, or fentence, in any of the faid colonies provided, or that shall be provided, to the contrary in any wife notwithstanding.

And lastly, we do for us, our heirs, and fucceffors, ordain and grant, unto the faid Governor and Company, and their fucce flors, by these prefents, that thefe our letters patents fhall be firm, good, effectual, and available, in all things in the law, to all intents, constructions, and purposes whatfoever, according to our true intent and meaning herein before declared and fhall be conftrued, reputed and adjudged, in all cafes, moft favourably on the behalf, and for the best benefit and behoof of the faid Governor and Company, and their fucceffors, although exprefs mention, &c. In witnefs, &c. Witnefs, &c. Per Ipfum Regem.

[The ftate of Rhode-Ifland and Providence plantations has not affumed a form of government different from that contained in the foregoing chapter. For in that, the king ceded to the Governor and Company, all powers, legislative, executive, and judicial, referving to himself, as an acknowledgment of his fovereignty, a render of the fifth part of the gold and filver ore that should be found within the territory. The Governor, Chief Magiftrates, and Legiflators are chofen by the freemen as ufual, and all judicial, and executive officers are annually elected by the Governor and Company, or upper and lower Houfe of Affembly. All proceffes, original and judicial, formerly iffued in the King's name, but they now iffue in the name of the Governor and Company. The oaths of allegiance and of office are made conformable to the principles of the revolution. The Governor, in his legif. lative capacity, cannot give a negative to any act of the two Houfes; but, in common with the other magiftrates, has one voice only.

The ftate is divided into five counties, in each of which there is a Court of Common Pleas and General Seffions of the Peace, held twice every year, for the trial of all caufes not

capital, that arife within their limits; from which an appeal lies, to the Superior Court of Judicature, Court of Affize and General Jail Delivery, whofe jurifdiction extends over the whole ftate, and who alfo fit twice a year in each county. The conftitution admits not of religious eftablishments, any further than depends upon the voluntary choice of individuals. All men profeffing one Supreme Being, are equally protected by the laws; and no particular fect can claim pre-eminence.]

[ocr errors][merged small][merged small]

CON

ONNECTICUT is divided into fix counties, and each county is divided into a number of towns. Each town has a right to fend two Reprefentatives to the General Court of Affembly. The General Court confifts of two branches, called the Upper and Lower Houfe. The Upper House is compofed of the Governor, Deputy-Governor, and twelve Affiftants or Counsellors; and the Lower Houfe, of the Reprefentatives of the feveral towns. This court has the fole power to make and repeal laws, grant levies, difpofe of lands; belonging to the ftate, to particular towns and persons: to erect and ftile judicatories and officers, as they fhall fee neceffary for the good government of the people; alfo to call to account any court, magiftrate, or other officer, for any mifdemeanor and mal-adminiftration; and for just cause may fine, difplace, or remove them, or deal otherwife, as the nature of the cafe fhall require; and deal or act in any other matter, that concerns the good of the ftate, except the election of Governor, Deputy-Governor, Affittants, Treasurer, and Secretary, which fhall be done by the freemen, at the yearly court of election, unless there be any vacancy, by reafon of death or otherwise, after the election, which may be filled up by the General Court. This court has power alfo, for reafons fatisfactory to them, to grant fufpenfion, releafe, and jail delivery upon reprieve, in capital and criminal cafes. The General Court has two ftated feffions annually, on the fecond Thursday of May and October.

The Governor, or in his abfence the Deputy-Governor, may call the Affembly, on special emergencies, to meet at any other time. The Governor, Deputy-Governor, Affiftants, and Secretary, are annually elected, on the fecond Thursday in May. The Reprefentatives are newly chofen for each ftated feffion. The Judges and Juftices are annually appointed by the General Court; the fame perfons are commonly reappointed, from time to time, during their capacity to ferve, unlefs guilty of misbehaviour. The Sheriffs are appointed by the Governor and Council, without limitation of time; but may be fuperfeded by the authority that appoints them. The Governor, for the time being, is Captain-General of the militia; the Deputy-Governor, Lieutenant-General; the other general officers, and the field officers, are appointed by the General Court, and commiffioned by the Governor. The captains and fubalterns are chofen by the vote of the company and houfholders living within the limits of the company; the perfons, fo chofen, must be approved by the General Court, and commiffioned by the Governor, before they have power to execute their offices. All the military of ficers hold their offices during the pleafure of the Affembly; nor can they refign their commiffions, without leave of the Captain-General, under penalty of doing duty in the ranks, as private foldiers. The mode of electing the Governor, Deputy-Governor, Affiftants, Treasurer, and Secretary, is, that the freemen, in the feveral towns, meet on the Monday next after the first Tuesday in April, annually (being the day appointed by law for that purpofe, and choofing Representatives) and give in their votes for the perfons they choose for said offices refpectively, with their names written on a piece of paper, which votes are received and fealed up by a conftable, in the freemen's meeting-the votes for each of faid offices, in a different paper-writing on the outfide the name of the town, and the office, for which the votes are given in; which are fent by the Reprefentatives, to the General Court, to be held on the fecond Thursday of May next enfuing, at which time, after the House of Reprefentatives have chosen a Speaker and Clerk, a committee is chofen of members of both Houfes, to fort and count the votes, and declare the names of the perfons chofen to faid offices. Any freeman, qualified to vote for Reprefentatives, &c, may

be elected to any office in the government. In choofing affiftants, twenty perfons are nominated by the votes of the freemen, given in at their meeting for choofing Reprefentatives in September annually, and fealed up and fent to the General Court, in October then next: which are counted by a committee of both Houses, and the twenty perfons, who have the greatest number of votes, ftand in nomination, out of which number, twelve are to be chofen affiftants, by the freemen, the next April, in manner afore defcribed.

The qualifications, requifite to entitle a person to vote in elections of the officers of government, are, maturity in years, quiet and peaceable behaviour, a civil converfation, and forty fhillings freehold, or forty pounds perfonal estate; if the Selectmen of the town certify a perfon qualified in those refpects, he is admitted a freeman, on his taking an oath of fidelity to the state.

The names of all, that are thus admitted, are enrolled in the town clerk's office, and continue freemen during life, unlefs disfranchifed by a sentence of the Superior Court, on conviction of a mifdemeanor.

The Governor, or, in his abfence, the Deputy-Governor, in the Upper Houfe-and the Speaker, in the Lower House of Affembly-have a cafting voice, when the members of the refpective Houses, including the Governor and Speaker, are equally divided in opinion on any question.

There is, in this ftate, a Superior Court, confifting of one Chief Judge and four other Judges, who have authority in all criminal cafes, extending to life, limb, and banishment, and to hear and determine all civil actions, brought by appeal from the county courts, or on writs of error. This court alfo hath authority in all matters of divorce. ftated feffions of the Superior Court, in each county annually.

There are two

There are alfo county courts held in the feveral counties, confifting of one Judge and four Juftices of the quorum, who have jurifdiction in all criminal cafes, arifing within their refpective counties, where the punishment does not extend to life, limb, or banishment. The county courts alfo, have ori. ginal jurifdiction, in all civil actions, wherein the demand exceeds forty fhillings.

The Superior and County Courts try matters of fact, by a jury, according to the courfe of the common law.

Juftices of the Peace have authority to hear and determine civil actions, where the demand does not exceed forty fhillings. They alfo have authority, in fome cafes of a crimi nal nature, punishable by fine not exceeding forty fhillings, or whipping not exceeding ten ftripes, or fitting in the stocks. This ftate is alfo divided into a number of probate diftricts, less than counties; in each of which is appointed a Judge, for the probate of wills, granting adminiftration on inteftate eftates, appointing guardians for minors, ordering diftribution of inteftate eftates, &c. An appeal lies, from any decree of this court, to the Superior Court.

The Superior, County, and Probate Courts appoint their refpective clerks.

The General Court has, till very lately, been the only Court of Chancery in this ftate. But by a late law, the county courts determine matters of equity, from five pounds, to two hundred pounds value; the Superior Court from two hundred to eight hundred pounds value; and the General Affembly, all cafes exceeding the laft mentioned fum.

All attornies at law are admitted and fworn by the County Courts: there is no attorney general, but there used to be one king's attorney in each county; but fince the king has abdicated the government, they are now attornies to the Governor and Company.

-346

NEW-YORK.

Conftitution of the State of New-York, eftablished by the Convention, authorised and empowered for that purpose, April 20, 1777.

TH

HIS Convention, in the name and by the authority of the good people of this ftate, doth ordain, determine, and declare, that no authority fhall, on any pretence whatever, be exercised over the people or members of this ftate, but such as shall be derived from and granted by them.

II. This Convention doth further, in the name and by the authority of the good people of this ftate, ordain, deter mine and declare, that the Supreme Legislative power, within

« AnteriorContinuar »